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 RULES
: (CLEARINGHOUSE RULE (22-088)
ORDER
An order of the Funeral Directors Examining Board to renumber FD 1.013 (1), and to create FD 1.013 (1c) and (2m), 1.065 (3), and 1.070 and note relating to apprenticeship and renewal.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Explanation of agency authority:
Section 15.08 (5) (b), Stats. provides “[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. provides “[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., provides that “[t]he examining board may make and enforce rules … 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 examination and licensing of funeral directors and the registration of apprentices [and] conduct a school of instruction to apprise funeral directors of the most recent scientific knowledge and developments affecting their profession…” Related statute or rule:
None.
Plain language analysis:
The Funeral Directors Examining Board is updating the rules governing their practice based upon updated statute modifications which reflected process clarifications requirements for renewal, terms of apprenticeships, and renewal of funeral director and apprentice licenses. This revision also includes a comprehensive review that improves usability and conformity with current state statute, industry practice, and rule drafting standards.
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:
Illinois states as one of the requirements for the funeral director and embalmer license that an applicant completes a twelve-month internship within the past 5 years, for which an intern license needs to be issued. The requirements for the intern license include proof of mortuary science education and a signed certification of acceptance for an internship by an actively licensed funeral director and embalmer in good standing. [IL Admin. Code 1250.120].
During the internship, the intern needs to submit 12 case reports every 3 months. Upon completion of the internship, the sponsor must complete a report stating that the intern has satisfactorily completed the requirements. The intern license may only be renewed twice. [IL Admin. Code 1250.130]
Illinois does not have a special criterion for regular license renewals. [IL Admin. Code 1250.200]
Iowa:
In order to obtain a license to practice mortuary science in Iowa, an applicant must have completed a one-year internship under the direct supervision of a preceptor. If the internship is interrupted, it must be completed within 24 months of the date it commenced. Extension of an internship will be evaluated by the board depending on the length of time that has lapsed since the beginning of the internship and the experience attained by the intern. The preceptor must present two reports to the board: the first after six months of the start date of the internship, and the second at the end of the internship. Additionally, the intern must present to the board a report upon completion of the internship. [625 IAC 101.3 (1) and (2)]
Iowa only requires completion of continuing education to renew funeral director licenses. [645 IAC 101.7 (3)]
