440.635(2)
(2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department.
440.635(3)
(3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department.
440.635 History
History: 1987 a. 265;
2011 a. 190.
440.64
440.64
Regulation of schools and specialty schools. 440.64(1)(a)(a) The department shall investigate the adequacy of the courses of instruction and instructional materials and equipment at schools and specialty schools and review those courses of instruction, instructional materials, and equipment for compliance with minimum standards established by rules of the department or cosmetology examining board, as appropriate.
440.64(1)(b)1.
1. Establishing standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
440.64(1)(b)2.
2. Regulating the negotiability of promissory instruments received by schools and specialty schools in payment of tuition and other charges.
440.64(1)(b)3.
3. Establishing minimum standards for the refund of portions of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from a course or course of instruction.
440.64(1)(b)4.
4. Requiring schools and specialty schools to furnish information to the department concerning their facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours, contracts, financial records, tuition and other charges and fees, refund policies and policies concerning the negotiability of promissory instruments received in payment of tuition and other charges.
440.64(2)(a)(a) The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools.
440.64(2)(b)
(b) An auditor or inspector appointed under
par. (a) may enter and audit or inspect any school or specialty school at any time during business hours.
440.64(3)
(3) Investigations, hearings, reprimands, denials, limitations, suspensions and revocations. 440.64(3)(a)(a) Subject to the rules promulgated under
s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.64(3)(b)
(b) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend or revoke a license or certificate under this subchapter if it finds that the applicant, licensee or certified instructor has done any of the following:
440.64(3)(b)1.
1. Made a material misstatement in an application for licensure, certification or renewal.
440.64(3)(b)2.
2. Advertised in a manner which is false, deceptive or misleading.
440.64(3)(b)3.
3. Violated this subchapter or any rule promulgated under this subchapter.
440.64(3)(c)
(c) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license or certificate under
par. (b), the department may assess against a school, specialty school or instructor a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under
par. (b).
440.64 History
History: 1987 a. 265;
2011 a. 190.
440.64 Cross-reference
Cross-reference: See also chs.
SPS 60,
61,
62, and
65, Wis. adm. code.
CREMATORY AUTHORITIES
440.70
440.70
Definitions. As used in this subchapter:
440.70(4)
(4) “Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains.
440.70(5)
(5) “Cremated remains" means human remains recovered from the cremation of a human body or body part and the residue of a container or foreign materials that were cremated with the body or body part.
440.70(6)
(6) “Cremation" means the process of using heat to reduce human remains to bone fragments and includes processing or pulverizing the bone fragments.
440.70(7)
(7) “Cremation chamber" means an enclosed space within which cremation takes place.
440.70(8)
(8) “Crematory" means a building or portion of a building within which a cremation chamber is located.
440.70(9)
(9) “Crematory authority" means a person who owns or operates a crematory.
440.70(12)
(12) “Human remains" means the body or part of the body of a deceased individual.
440.70(14)
(14) “Niche" means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains.
440.70 History
History: 2005 a. 31,
254.
440.71
440.71
Registration; renewal. 440.71(1)
(1)
Prohibition. No person may cremate human remains unless the department has registered the person as a crematory authority under
sub. (2).
440.71(2)
(2) Registration. The department shall register a person as a crematory authority if the person does all of the following:
440.71(2)(b)
(b) Submits an application on a form provided by the department that includes all of the following:
440.71(2)(b)1.
1. The name and address of the applicant or the business entity that the applicant represents.
440.71(2)(b)3.
3. A description of the structure and equipment proposed to be used in operating the crematory.
440.71(2)(b)4.
4. Any other information that the department may require.
440.71(3)
(3) Renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under
s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under
s. 440.03 (9) (a).
440.71 History
History: 2005 a. 31;
2007 a. 20.
440.73
440.73
Authorization forms. A person who is authorized to direct the cremation of the human remains of a decedent may do so only by completing a form that includes all of the following:
440.73(1)
(1) The name of the decedent and the date and time of the decedent's death.
440.73(2)
(2) The name of the person directing the cremation and his or her relationship to the decedent.
440.73(3)
(3) A statement that the person directing the cremation has the authority to direct the cremation.
440.73(4)
(4) A statement that the person directing the cremation has no reason to believe that the decedent's remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.
440.73(5)
(5) The name of the funeral director, funeral establishment, or cemetery that the person directing the cremation authorizes to receive the cremated remains or, if alternative arrangements are made for receiving the cremated remains, a description of those arrangements.
440.73(6)
(6) If known by the person directing the cremation, the manner in which the cremated remains are to be disposed.
440.73(7)
(7) An itemized list of valuables on the decedent's person that are to be removed prior to cremation and returned to the person directing the cremation.
440.73(8)
(8) If a viewing or other services are planned, the date and time of the viewing or services.
440.73(9)
(9) The signature of the person directing the cremation attesting to the accuracy of the representations contained on the form.
440.73 History
History: 2005 a. 31.
440.75
440.75
Liability of a person who directs the cremation of human remains. A person who directs the cremation of human remains is liable for damages resulting from authorizing the cremation of the human remains of a decedent.
440.75 History
History: 2005 a. 31.
440.76
440.76
Revocation of authorization. Before a cremation is performed, a person directing the cremation of human remains may cancel the cremation by providing the crematory authority with a written statement revoking the authorization form. A person who revokes an authorization form shall provide the crematory authority with written instructions regarding the final disposition of the human remains.
440.76 History
History: 2005 a. 31.
440.77
440.77
Delivery and acceptance of human remains. 440.77(1)(1)
Receipt for delivery. A crematory authority that receives human remains from a person shall provide the person with a receipt that includes all of the following:
440.77(1)(b)
(b) The date and time that the human remains were delivered.
440.77(1)(c)
(c) A description of the type of casket or container in which the human remains were delivered.
440.77(1)(d)
(d) The name of the person who delivered the human remains and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.
440.77(1)(e)
(e) The name of the person who received the human remains on behalf of the crematory authority and the name of the funeral establishment or other business entity, if any, with which the crematory authority is affiliated.
440.77(1)(f)
(f) The signature of the person who delivered the human remains.
440.77(1)(g)
(g) The signature of the person who received the human remains on behalf of the crematory authority.
440.77(2)(a)(a) A crematory authority may not refuse to accept delivery of human remains solely on the basis that the human remains have not been placed in a casket or have not been embalmed.
440.77(2)(b)
(b) A crematory authority may refuse to accept delivery of human remains if any of the following apply:
440.77(2)(b)1.
1. The casket or other container used for the human remains has evidence of leakage of bodily fluids.
440.77(2)(b)2.
2. The crematory authority has knowledge of a dispute regarding the cremation of the human remains, unless the crematory authority receives a copy of a court order or other documentation indicating that the dispute has been resolved.
440.77(2)(b)3.
3. The crematory authority has reason to believe that a representation of the person directing the cremation of human remains is not true.
440.77(2)(b)4.
4. The crematory authority has reason to believe that the human remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.
440.77 History
History: 2005 a. 31.
440.78
440.78
Cremation requirements. 440.78(1)
(1)
Documentation. A crematory authority may not cremate the human remains of a decedent unless the authority has received all of the following:
440.78(1)(c)
(c) If a report for final disposition of a human corpse is required under
s. 69.18 (3), a copy of the report.
440.78(2)(a)(a) Upon accepting delivery of human remains, a crematory authority shall place the human remains in a holding facility until they are cremated, except that, if the crematory authority obtains knowledge of a dispute regarding the cremation of the human remains, the crematory authority may, until the dispute is resolved, return the human remains to the person who delivered the human remains or the funeral establishment or other business entity with which that person is affiliated, neither of which may refuse to accept the human remains.
