STATE OF WISCONSIN
Funeral Directors Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
FUNERAL DIRECTORS EXAMINING BOARD
NOTICE OF TIME PERIOD FOR COMMENTS FOR THE ECONOMIC IMPACT ANALYSIS
NOTICE IS HEREBY GIVEN of the time period for public comment on the economic impact of this proposed rule of the Department relating to the written reports of home inspectors, including how this proposed rule may affect businesses, local government units and individuals. The comments will be considered when the Department of Safety and Professional Services prepares the Economic Impact Analysis pursuant to § 227.137. Written comments may be submitted to:
Greg DiMiceli, Administrative Rules Coordinator
Division of Policy Development
Department of Safety and Professional Services
PO Box 8366
Madison, WI 53708-8935
The deadline for submitting economic impact comments is October 19, 2018.
A proposed order of the Funeral Directors Examining Board to repeal FD 6.02 (2) and (3); to renumber FD 2.02 (3), (4), and 4.02 (1), (3); to amend FD 1.01, 1.02 (4), 1.02 (5), 1.05, and 1.08 (note); and to create FD 1.013 (intro.), 1.015 (intro.), 1.015 (1), 1.055, 1.056, 1.075 (3), 1.075 (4), and 1.075 (5), 1.076, 1.077, and 3.015, relating to funeral director apprenticeship requirements.
Analysis prepared by the Department of Safety and Professional Services.
Explanation of board authority:
Section 15.08 (5) (b), Stats. Each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 445.03 (2) (a), Stats., allows the examining board to “[m]ake and enforce rules not inconsistent with this chapter establishing professional and business ethics for the profession of funeral directors and for the general conduct of the business of funeral directing, and for the examination and licensing of funeral directors and the registration of apprentices.”
Related statute or rule:
Wisconsin funeral director licensing and apprenticeship requirements are found in ch. 445, Stats., the administrative code in chs. FD 1 to 4 and FD 6, and DSPS administrative code chs. SPS 1 to 9, which outlines the administrative procedures for issuing licenses.
Plain language analysis:
This rule amends the funeral director apprenticeship requirements and makes them consistent with changes provided in 2017 Wisconsin Act 304.
This rule requires an applicant for a funeral director’s license to complete a 16-hour certification class rather than completing one year of college work or equivalent education after completing the required nine months of instruction in mortuary science. The rule provides the class required instructional content and provides for a class exam as well as an exam passing standard.
This rule allows the Board to recognize two funeral director apprentices for each funeral establishment and also recognize additional funeral director apprentices as long as the funeral home employs at least one full-time licensed funeral director per funeral director apprentice.
This rule specifies that when an apprentice is in the preparation room the apprentice must be within the supervising funeral director’s line of sight.
This rule establishes that the Board must continue an apprenticeship for another four-year term after the registration or extension expires if the apprentice successfully retakes the 16-hour, Board approved, certification class.
Finally, this rule requires that apprentices applying for funeral director licensure must present affidavits from the licensed funeral directors under whom the apprentice worked to verify that the apprentice completed the practical apprenticeship work requirements.