Chap. 93.—An ACT to amend and re-enact sections 2, 6, 10, and 14 of an act ap-
proved March 5, 1894, entitled an act to establish a State board of embalming;
to provide for the better protection of life and health; to prevent the spread of
contagious diseases; to regulate the practice of embalming, and the care and
disposition of the dead; and to add additional section 15 thereto

Approved March 16, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
two, six, ten, and fourteen, of an act approved March fifth, eighteen
liundred and ninety-four, entitled an act to establish a State board of
embalming; to provide for the better protection of life and health; to
prevent the spread of contagious diseases; to regulate the practice of
embalming, and the care and disposition of the dead, be amended and
re-enacted, and that additional section fifteen be added thereto, so as to
read as follows:

§ 2. Of whom composed and how appointed.—The. board shall consist
of five members, to be appointed by the governor of the Commonwealth,
and all vacancies occurring on the board shall be filled by the governor.

Each member shall serve a term of five years, from the date of his
appointment going into effect, except those first appointed, who shall
serve as follows: one for one year, one for two years, one for three years,
one for four years, and one for five years, respectively; the governor shall
designate the number of years each shall serve, and any one having served
as a member of the board shall be eligible for reappointment.

The first board shall be appointed on or before the first day of June,
eighteen hundred and ninety-four, and one member annually thereafter,
who shall serve for a term of five years, from the first day of July next
ensuing; all subsequent appointments on the board, except to fill vacan-
cies, shall be selected from three names sent to the governor by the Vir-
ginia funeral directors’ association. But if the said nominations are not
made to the governor by June fifteenth, of any year, then the governor
shall appoint and commission a suitable person to fill the vacancy occa-
sioned by the expiration of the term of the said member on said board.

The members of said board of embalmers shall be residents of the State
of Virginia, and each of whom shall at least have had five years’ experi-
ence in the practice of embalming and in the care of and disposition of
Cead human bodies in this State.

The governor shall have power to remove from office any member of
said board for neglect of duty, Incompeteney, or improper conduct.

§ 6. There shall be elected at the first meeting a president and a secre-
tary from the membcrs of said board, who shall serve for one year, or
intil their successors shall be clected and have qualified.

The secretary shall furnish such bond as may be required of him br

the board.

The board shall adopt a common seal.

The president of said board (and in his absence a president pro tempore
elected by the members present) is hereby authorized to administer oaths
{o witnesses testifying before said board.

The said board shall, from time to time, adopt rules, regulations, and
by-laws not inconsistent with the laws of this State, or of the United
States, whereby the performance of the duties of said board, and the
practice of embalming of dead human bodies, and the conduct of schools
for teaching embalming shall be regulated.

And said, board may conduct, or aid in the conducting of, schools for
teaching embalming, and scientific branches relating thereto, out of its
own funds; but shall not thereby reduce the funds in the treasury of said
beard below the sum of three hundred dollars.

The said board shall mect at least twice in each year, and may mect as
often as the proper and efficient discharge of its duties shall require.

§ 10. On and after the first day of January, eighteen hundred and
ninety-five, it shall be unlawful for any person, not a licensed embalmer.
as herein provided, to practice, or pretend to practice, the science of
embalming, either by arterial or cavity treatment.

§ 14. This act shall not apply to undertakers or their assistants who
have practiced embalming in this State for one year prior to January
first, nineteen hundred and three, but such persons may become licensed,
if they so elect, by complying with the provisions of this act.

§ 15. It shall be unlawful to embalm a dead human body, when any
fact within the knowledge, or brought to the attention of, the embalmer
is sufficient to arouse suspicion of crime in connection with the cause of
death of the deceased, until the permission of the coroner, or of a justice

of the peace, if there he no coroner, has been first obtained,

Any person violating the provisions of -this section shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not
less than twenty-five nor more than one hundred dollars.

2. This act shall be in force on and after January first, nineteen hun-
dred and four.