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 19-162)
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ORDER
An order of the Funeral Directors Examining Board to repeal FD 4.03 (4) and (8); to amend FD 4.03 (1), (2), (4m), (5), (6) and (7); and to create FD 4.02 (1m) relating to continuing education for funeral directors.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 445.06, Stats. Explanation of agency authority:
Section 15.08 (5) (b), Stats., “[e]ach 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 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.” Related statute or rule: None.
Plain language analysis:
This rule project removes a duplicative continuing education requirement for funeral directors. Section FD 4.03 (4m) requires funeral directors to log at least 3 hours of continuing education in professional conduct, business ethics or legal aspects specifically related to the practice in the profession. Section FD 4.03 (4) unnecessarily duplicates this requirement. The rule also clarifies that a “credit hour” for the purposes of obtaining continuing education credit is at least 50 minutes. Finally, the rule repeals FD 4.03 (8) as it is obsolete in light of the creation of a new section of the code defining “credit hour.” Summary of, and comparison with, existing or proposed federal regulation:
The federal government does not regulate continuing education requirements for funeral directors.
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:
A public hearing on scope was held at the board’s August 27, 2019 meeting. No comments were received.
Comparison with rules in adjacent states:
Illinois: Illinois specifies that a continuing education hour is a minimum of 50 minutes of attendance at a board approved course. Illinois rules require at least 24 hours of continuing education credit per biennium, with at least 6 credit hours related to the practice of embalming, 6 related to the practice of funeral directing, and no more than 6 related to insurance (68 Ill. Admin Code s. 1250.220 (a) and (b) 5.).
Iowa: Iowa specifies that an hour of continuing education means at least 50 minutes spent by a license in actual attendance at and completion of a continuing education program (645 IAC 102.1). Funeral directors must complete 24 hours of continuing education each biennium. Two hours must be in current Iowa law and rules covering mortuary science content areas, and at least 12 hours must be in-person, or include live real-time interactive media (645 IAC 102.2 (1)).
Michigan: Michigan does not have continuing education requirements for funeral directors.
Minnesota: Minnesota requires 15 hours of continuing education for renewal of a license to practice. Three hours must be in body preparation, care or handling, three hours in professional practices, and three hours in regulation and ethics. Minnesota does not specify the length of a continuing education hour (Minn. Stats. 149A.40 (11)), therefore it appears the plain meaning of “hour” as 60 minutes would apply.
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 repeal s. FD 4.03 (4) as it is duplicative of s. 4.03 (4m) and could cause confusion to stakeholders. The board also determined that clarification should be given as to the length of time required for a course to be eligible to receive a credit hour of continuing education. 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 to solicit economic impact comments. No comments were received.
