STATE OF WISCONSIN
FUNERAL DIRECTORS EXAMINING BOARD
------------------------------------------------------------------------------------------------------------
IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : FUNERAL DIRECTORS
FUNERAL DIRECTORS : EXAMINING BOARD
EXAMINING BOARD : ADOPTING EMERGENCY RULES
------------------------------------------------------------------------------------------------------------
The statement of scope for this rule, SS 057-20, was approved by the Governor on May 29, 2020, published in Register 774A1 on June 1, 2020, and approved by the Funeral Directors Examining Board on June 15, 2020. This emergency rule was approved by the Governor on June 30, 2020. ORDER
An order of the Funeral Directors Examining Board to amend FD 1.055 and 1.056 (1) (i) relating to certification courses for funeral director apprentices.
Analysis prepared by the Department of Safety and Professional Services.
-----------------------------------------------------------------------------------------------------------
FINDING OF EMERGENCY
The Funeral Directors Examining Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Covid-19 epidemic has severely restricted the ability of funeral director apprentice applicants to complete their 16-hour required certification course in an “in-person” format as required by administrative rule. Given the shortage of funeral director practitioners in Wisconsin, it is necessary to facilitate the certification of new apprentices. Therefore, the Funeral Directors Examining Board seeks to temporarily repeal the administrative rule provision requiring the course be completed in-person at least until in-person instruction becomes possible once again.
-----------------------------------------------------------------------------------------------------------
ANALYSIS
Explanation of agency authority:
Section 15.08 (5) (b), Stats., “[e]ach examining board…Shall 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 227.11 (2) (a), Stats., “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..” Section 445.03 (2), Stats., “[t]he examining board may: (a) Make 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 examining and licensing of funeral directors and the registration of apprentices. (b) Grant licenses to funeral directors, certificates of registration to apprentices, and permits to operators of funeral establishments…”
Related statute or rule: None.
Plain language analysis:
FD 1.056 (1) (i) is repealed and FD 1.055, as will be amended by CR 19-163 upon its effective date, is amended to remove the requirement that the 16-hour certification course for certification as an apprentice be completed in-person. Summary of, and comparison with, existing or proposed federal regulation: None.
Comparison with rules in adjacent states:
Illinois:
Applicants for funeral director licensure must complete a 12 month internship within five years of applying for licensure (Ill. Admin. Code § 1250.135). A certification course does not appear to be required prior to beginning the internship, although internship candidates must have completed a course of study in mortuary science (Id. at § 125.120). Iowa:
Iowa requires completion of a 12 month internship prior to licensure as a funeral director. There do not appear to be education or examination requirements prior to beginning an internship (IAC § 645—101.2 (1)).
Michigan:
Michigan requires applicants for funeral director licensure to complete a one year resident trainee program. Training may begin after completing the required professional education for licensure, but there does not appear to be a certification course that must be taken other than the required college credits (MCL § 339.1808).
