18VAC65-30 Regulations for Preneed Funeral Planning

REGULATIONS

Vol. 25 Iss. 17 - April 27, 2009

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Chapter 30

Final Regulation

REGISTRAR'S NOTICE: The Board of Funeral Directors and Embalmers has claimed an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The Board of Funeral Directors and Embalmers will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 18VAC65-30. Regulations for Preneed Funeral Planning (amending 18VAC65-30-180).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Effective Date: July 1, 2009.

Agency Contact: Lisa Russell Hahn, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone [phone], FAX [phone], or email [e-mail].

Summary:

Chapter 653 of the 2009 Acts of Assembly amended the Code of Virginia by adding § 38.2-3100.3, pertaining to requirements of life insurance or annuity contracts used to fund preneed funeral contracts. 18VAC65-30-180 specifies the content of a preneed funeral contract funded by life insurance or an annuity and compliance with the provisions of § 54.1-2820 B of the Code of Virginia. This section is amended to also include a requirement for compliance with provisions of § 38.2-3100.3 of the Code of Virginia.

18VAC65-30-180. Life insurance or annuity.

If a life insurance or annuity policy is used to fund the preneed funeral contract, the contract shall be in compliance with provisions of §§ 38.2-3100.3 and 54.1-2820 B of the Code of Virginia and shall contain the following information:

1. Name of the contract provider;

2. Name and funeral license number of contract seller;

3. Place of employment of contract seller;

4. Name of insurance agent and agent's insurance license number;

5. Insurance agent's employer and insurance company represented by insurance agent; and

6. Identification as to whether the insurance agent is a funeral service licensee and, if so, the funeral service license number.

VA.R. Doc. No. R09-1832; Filed April 8, 2009, 10:12 a.m.