Closure of a Funeral Home

1. What steps should I take to close a funeral establishment?

Where an establishment will be closed permanently (no change of ownership or location):

• Provide written notice to the Board regarding the name of the establishment and license number to be closed, with the date of closure.
• If the establishment has preneed contracts, follow the notice and correspondence provisions of 18VAC65-30-70(B).
• For questions or additional information specific to the licensure of the establishment, please contact the Board. For any legal questions, you may wish to contact your own attorney.

Where an establishment will be closed due to a change of ownership/sale:

• If the establishment will be closed permanently, provide written notice to the Board regarding the name of the establishment and license number to be closed, with the date of closure.
• If the establishment will be maintained under new ownership, renamed, or relocated, submit the appropriate application and fee to the Board for Change of Ownership, Change of Name, and/or Change of Location, as applicable. Please note that certain changes to existing establishments may trigger a reinspection by the Board either prior to or after the change.
• If the establishment has preneed contracts, follow the notice and correspondence provisions of 18VAC65-30-70(B).
• Review the provisions of 18VAC65-20-700(D) regarding the requirements for retention of documents by the new owner.
• For questions or additional information specific to the licensure of the establishment, please contact the Board. For any legal questions, you may wish to contact your own attorney.

2. What are the recordkeeping or notice requirements for existing preneed contracts if an establishment closes or changes ownership?

A contract provider that discontinues its business operations, whether by closure or change of ownership, shall notify the board and each existing contract buyer in writing in accordance with the provisions set forth in 18VAC65-30-70(B) of the Board's Regulations for Preneed For Planning.

In instances where the funeral establishment is sold, documents shall be transferred to the new owner, unless the existing firm is relocating to a new facility. The new owner shall retain transferred documents in accordance with the Board's Regulations. When transferred documents include preneed contracts, the documents shall be retained and maintained in accordance with the provisions of the Code of Virginia and Regulations of the Board. (18VAC65-20-700(D))

3. What steps should I take if I need to close my funeral establishment on a temporary basis?

Where a funeral establishment ceases operations on a temporary basis, the establishment should provide written notice to the Board regarding the establishment, license number, the circumstances of the temporary closure, and the anticipated reopening date.

Depending upon the circumstances of the temporary closure, the Board may request additional information to determine the future steps for restoring the license to an active status.  (For example, an establishment that ceases operations temporarily due to not having a permanent or temporary manager of record will be required to submit an application for change of manager of record prior to reactivation.)

Where the temporary closure involves renovations that alter the structure of the preparation room, the structural changes trigger a nonroutine inspection of the change to the preparation room. The establishment should complete and submit to the Board the Request for Reinspection due to Structural Change to Preparation Room.

4. What happens if an emergency impacts the operation of my funeral establishment at its current, licensed location on a temporary basis?

In the event of an emergency requiring the evacuation or discontinued use of a funeral establishment, the impacted establishment may be approved by the Board to continue operations out of another licensed funeral establishment for a period of no more than 60 days. The impacted establishment may request an extension of emergency operations for an additional 30 days upon good cause shown. In requesting approval for conducting emergency operations under this section, the impacted funeral establishment shall submit documentation that identifies the manager of record for both the impacted establishment and establishment for emergency operations and any agreement for emergency usage. (18VAC65-20-170(F)).