STATE OF WISCONSIN
FUNERAL DIRECTORS EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE PROCEEDINGS BEFORE THE : FUNERAL DIRECTORS FUNERAL DIRECTORS : EXAMINING BOARD
EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 20-026)
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ORDER
An order of the Funeral Directors Examining Board to repeal 1.056 (1) (i); and to amend FD 1.055, relating to certification courses for funeral director apprentices.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 445.03 (2), Stats. 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FD 1.056 (1) (i) is repealed and FD 1.055, as will be amended by CR 19-163 upon its effective date, is amended to remove the requirement that the 16-hour certification course for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.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A.
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). Minnesota:
Funeral director internship applicants must first have completed a bachelors in mortuary science, a bachelor’s in science plus a course of study in mortuary science, or equivalent, and must pass both national competency and state specific statutes and rules examinations. There does not appear to be an internship certification course requirement other than the required college degree (MN Stats. § 149A.20 (6)).
Summary of factual data and analytical methodologies:
The Funeral Directors Examining Board seeks to pursue a rule change that would allow remote instruction for the 16-hour course required for certification as a funeral director apprentice. Given the nature of the Covid-19 epidemic, in-person instruction is not desirable or possible for many applicants and course providers.
