Interns and students officially registered for a practicum or clinical through a program of mortuary science accredited by the American Board of Funeral Service Education may perform these tasks provided that they are registered with the commissioner and act under the direct and exclusive supervision of a licensee. (Minn. Stats. 149A.01 (3) (d)). Direct supervision means overseeing the performance of an individual, where the supervisor is available to observe and correct, as needed, the performance of the individual. (Minn Stats. 149A.02 (13a)).
Summary of factual data and analytical methodologies:
As part of the board’s review of its rules under s. 227.29, Stats., the board determined it was necessary to clarify the tasks that funeral director apprentices may perform, and under what level of supervision. Failure to do so would result in the rules remaining inconsistent with state statute, and inconsistent within the FD suite. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for 14 days on the department website to solicit economic impact comments. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the hearing scheduled for 9:30 AM on January 22, 2020 to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. FD 1.015 (title) and (intro.) are repealed.
Section 2. FD 1.015 (2) and (3) are renumbered FD 1.013 (4) and (5).
Section 3. FD 1.056 (1) (intro) is amended to read:
FD 1.056 (1) (intro.) The 16-hour certification class shall contain the following in-person instructional topics:
Section 4. FD 1.056 (1) (i) is repealed.
Section 5. FD 1.075 (1) and (2) are repealed and recreated to read:
FD 1.075 (1) Apprentices may engage in the following activities only when under the personal supervision of a licensed funeral director:
(a) Making funeral arrangements.
(b) Embalming a dead human body.
(c) Conducting funeral services.
(2) Apprentices may engage in the following activities only when under the supervision of a licensed funeral director:
(a) Making removals of dead human bodies.
(b) Other preparation of a dead human body for burial, not including the embalming of the body.
(c) Conducting services where a dead human body is not present.
Section 6. FD 2.02 (title) and (intro.) are repealed.
Section 7. FD 2.02 (1) is renumbered FD 1.013 (1m) and is amended to read:
FD 1.013 (1m) “Funeral arrangements” means the provision of information or advice, at the time of need, on selection and cost of merchandise, facilities, equipment or personal services provided for final disposition of a dead human body; in the course of formulating a contractual agreement between a funeral director or funeral home and client.
Section 8. FD 2.02 (2) is renumbered FD 1.013 (3) and is amended to read:
FD 1.013 (3) “Funeral services” means the ceremonies held in conjunction with the disposition of thea dead human body, where the body is present, and includingincludes visitation, religious rites, memorials and graveside services.
Section 9. FD 2.03 (1) is repealed
Section 10. FD 2.03 (1g) and (1r) are created to read:
FD 2.03 (1g) The following tasks may only be performed by licensed funeral directors or funeral director apprentices under the personal supervision of a licensed funeral director:
(a) Making funeral arrangements.
(b) Embalming a dead human body.
(c) Conducting funeral services.
(1r) The following tasks may only be performed by licensed funeral directors or funeral director apprentices under the supervision of a licensed funeral director:
(a) Making removals of dead human bodies.
(b) Other preparation of a dead human body for burial, not including the embalming of the body.
Section 11. FD 2.03 (2) is amended to read:
FD 2.03 (2) Any other dealings on behalf of the establishment, including the conducting of funeral services, shall be performed only by or under the supervision of licensed funeral directors.
Section 12. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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