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445.03   Powers of examining board.
445.04   Funeral directors; licenses.
445.045   License requirements.
445.06   Renewal of licenses.
445.08   Reciprocity in issuance of licenses.
445.09   Display of licenses.
445.095   Apprenticeship, funeral directors.
445.10   Term of apprenticeship.
445.105   Funeral establishment permits.
445.11   Register; change of address.
445.12   Prohibited practices.
445.125   Burial agreements.
445.13   Investigations; hearing; revocation of licenses.
445.14   Funeral directors; who to employ.
445.145   Printed advertising.
445.15   Penalties.
445.16   Exceptions.
Ch. 445 Cross-reference Cross-reference: See definitions in s. 440.01.
445.01 445.01 Definitions. As used in this chapter:
445.01(2) (2)“Apprentice” means a person engaged in the learning of the practice of funeral directing under the instruction and personal supervision of a funeral director who is licensed under this chapter and whose funeral establishment is located in this state.
445.01(2m) (2m)“Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
445.01(3) (3)“Embalming" means disinfecting or preserving dead human bodies, entire or in part, by the use of chemical substances, fluids or gases in the body, or by the introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities for the purpose of preservation or disinfection.
445.01(4) (4)“Examining board" means the funeral directors examining board.
445.01(5) (5)A “funeral director" means any of the following:
445.01(5)(a) (a) A person engaged in or conducting, or holding himself or herself out, in whole or in part, as being engaged in any of the following:
445.01(5)(a)1. 1. Embalming or otherwise preparing for the burial or disposal of dead human bodies.
445.01(5)(a)2. 2. Directing and supervising the burial or disposal of dead human bodies.
445.01(5)(c) (c) A person who, in connection with his or her name or funeral establishment, uses the words, “funeral director", “mortician" or any other title implying that he or she is engaged as a funeral director as defined in this subsection.
445.01(6) (6)“Funeral establishment" means any building or part of a building used and held out to the public as being used for caring or preparing for the burial or transportation of dead human bodies or for holding or conducting of funeral services.
445.01(7) (7)“Operator of funeral establishment" means any person who conducts, maintains, manages or operates a funeral establishment.
445.01(8) (8)“Person" includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals.
445.01(9) (9)“Preparation room" means any building or part of a building used for embalming, caring for, or preparing for burial or transportation dead human bodies.
445.03 445.03 Powers of examining board.
445.03(1)(1)The examining board shall:
445.03(1)(a) (a) Enforce this chapter.
445.03(1)(b) (b) Make and enforce rules necessary for the administration of subch. I of ch. 157.
445.03(2) (2)The examining board may:
445.03(2)(a) (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 examination and licensing of funeral directors and the registration of apprentices.
445.03(2)(b) (b) Grant licenses to funeral directors, certificates of registration to apprentices, and permits to operators of funeral establishments.
445.03(2)(c) (c) Conduct a school of instruction to apprise funeral directors of the most recent scientific knowledge and developments affecting their profession. Qualified lecturers and demonstrators shall be employed for this purpose, who may be selected without regard to the civil service law.
445.03(2)(d) (d) Make and determine reciprocal agreements with other states.
445.03 History History: 1971 c. 301; 1975 c. 39 ss. 650, 651, 732 (2); 1979 c. 175 s. 29; 1979 c. 221 s. 660; Stats. 1979 s. 445.03; 1981 c. 20, 162; 1983 a. 485; 1985 a. 316 s. 25.
445.03 Annotation Rules authorized under sub. (2) (a) should be enacted under ch. 227. 63 Atty. Gen. 154.
445.04 445.04 Funeral directors; licenses.
445.04(1)(1)Except for conducting funeral services, the business of a funeral director must be conducted in a funeral establishment that has been issued a permit by the examining board.
445.04(2) (2)Except as provided in s. 257.03, no person may engage in the business of a funeral director, or make a representation as engaged in such business, in whole or in part, unless first licensed as a funeral director by the examining board. Application for a license, other than a renewal, shall be in writing and verified on a form to be furnished by the department. The application must specify the address at which the applicant proposes to conduct the business of a funeral director and shall contain such other information as the examining board requires to determine compliance with the requirements of this chapter. Accompanying the application shall be the initial credential fee determined by the department under s. 440.03 (9) (a), together with affidavits of recommendation from at least 2 persons of the county in which the applicant resides or proposes to conduct the business of a funeral director.
445.04(3) (3)
445.04(3)(a)(a) Written examinations for a funeral director's license under pars. (b) and (c) shall be held at least once a year and shall be conducted by the examining board at a time and place to be designated by the examining board.
445.04(3)(b) (b) The comprehensive examination shall include the subjects of:
445.04(3)(b)1. 1. Funeral directing and burial or other disposition of dead human bodies;
445.04(3)(b)2. 2. Anatomy, bacteriology, autopsy, chemistry and practical embalming; and
445.04(3)(b)3. 3. Sanitary science, public health, transportation, business ethics and the laws of this state and rules of the department of health services relating to communicable diseases, quarantine and causes of death.
445.04(3)(c) (c) The jurisprudence examination shall test the applicant's knowledge of state law relating to funeral directing.
445.04 Cross-reference Cross-reference: See also chs. DHS 135 and 136, Wis. adm. code.
445.045 445.045 License requirements.
445.045(1)(1)To be eligible for an original funeral director's license, a person must meet all of the following requirements:
445.045(1)(a) (a) The person must be at least 18 years of age.
445.045(1)(b) (b) Subject to ss. 111.321, 111.322 and 111.335, the person must not have an arrest or conviction record.
445.045(1)(d) (d) The person must have completed 2 academic years of instruction in a recognized college or university, in a course of study approved by the examining board, or have equivalent education.
445.045(1)(e) (e) The person must have satisfactorily completed 9 months or more instruction in a prescribed course in mortuary science approved by the examining board at any time after having completed an approved certification class described in s. 445.095 (1) (a).
445.045(1)(f) (f) The person must have completed one year of apprenticeship as prescribed in s. 445.095 at any time after having completed an approved certification class described in s. 445.095 (1) (a) and either before or after taking the course in mortuary science required by par. (e) and must have satisfied the requirement under s. 445.095 (4).
445.045(1)(g) (g) The person must have successfully passed a comprehensive examination under s. 445.04 (3) (b) and a jurisprudence examination under s. 445.04 (3) (c).
445.045(2) (2)The eligibility requirements in sub. (1) shall not apply to:
445.045(2)(a) (a) Any person to whom a certificate of apprenticeship was issued before October 1, 1959, and who satisfies the legal requirements in effect at the time of the person's registration; or
445.045(2)(b) (b) Any person who served actively in the armed forces of the United States between August 3, 1951, and October 1, 1959, and who was discharged under conditions other than dishonorable, registers with the examining board within 6 months of the date of discharge, and who satisfies the legal requirements in effect at the time the person entered the armed forces.
445.045 Cross-reference Cross-reference: See also ch. FD 1, Wis. adm. code.
445.06 445.06 Renewal of licenses. The renewal date for a funeral director's license is specified under s. 440.08 (2) (a), and the renewal fee for such license is determined by the department under s. 440.03 (9) (a). Before any renewal license is delivered to any licensed funeral director, proof must be furnished by the applicant, to the satisfaction of the examining board, that the applicant is doing business at a recognized funeral establishment. The applicant must also furnish proof of completion of at least 15 hours of continuing education during the previous 2-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full 2-year licensure period.
445.06 History History: 1975 c. 39 s. 732 (2); 1975 c. 199; 1977 c. 29; 1979 c. 175 s. 29; 1979 c. 221 s. 662; Stats. 1979 s. 445.06; 1983 a. 485; 1985 a. 29; 1991 a. 39; 2007 a. 20; 2011 a. 146.
445.06 Cross-reference Cross-reference: See also chs. FD 1 and 4, Wis. adm. code.
445.08 445.08 Reciprocity in issuance of licenses. Any person holding a valid license as a funeral director or embalmer in another state having requirements substantially equal to those in this state for a funeral director's license may apply for a license to practice in this state by filing with the examining board a certified statement from an authorized official of that state that verifies the person's licensure in that state. An applicant for licensure under this section shall pass the jurisprudence examination under s. 445.04 (3) (c) and shall satisfy the requirement under s. 445.045 (1) (b). Thereupon the examining board may, upon the payment of the required fee, issue a funeral director's license.
445.08 Cross-reference Cross-reference: See also s. FD 1.12, Wis. adm. code.
445.09 445.09 Display of licenses. Funeral director's licenses and certificates of apprenticeship shall be displayed conspicuously in the place of business conducted by the licensee or where the licensee or apprentice is employed.
445.09 History History: 1979 c. 175 s. 29; 1979 c. 221 s. 662; Stats. 1979 s. 445.09; 1983 a. 485.
445.095 445.095 Apprenticeship, funeral directors.
445.095(1)(a) (a) A person desiring to become an apprentice as a funeral director shall apply on a form provided for the purpose and appear before the examining board, or any duly appointed representative of the examining board. The application shall state that the applicant is 18 years of age or older, holds a high school diploma or possesses equivalent education as defined by the examining board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, and has completed a 16-hour certification class approved by the examining board. The application must be substantiated by the oath of the applicant and be accompanied by the fee specified in s. 440.05 (6). When the examining board is satisfied as to the qualification of an applicant for apprenticeship, it shall issue a certificate of apprenticeship. When the apprentice enters the employment of a licensed funeral director, the apprentice shall immediately notify the examining board, giving the name and place of business of the funeral director whose service the apprentice has entered. If, at any time thereafter, the apprentice leaves the employment of the licensed funeral director whose service the apprentice has entered, the licensed funeral director shall give the apprentice an affidavit showing the length of time served as an apprentice with that employer, and the work done in detail, which affidavit shall be filed with the examining board and made a matter of record in that office. If the apprentice thereafter enters the employment of another licensed funeral director in this state, the applicant shall forthwith report such employment to the examining board.
445.095(1)(b) (b) All apprentices under this chapter shall be paid at least the minimum wage in effect in this state.
445.095(1)(c) (c) A certificate of apprenticeship issued under this section shall be renewable annually upon the payment on January 1 of each year of the renewal fee specified in s. 440.08 (2) (b).
445.095(1)(d) (d) All apprentices registered under this section shall report at least semiannually to the examining board upon forms provided by the examining board. The reports shall contain the information required by the examining board. Failure to submit the required reports shall constitute justification for termination of the apprenticeship.
445.095(1)(e) (e) The semiannual report must show the number of hours served by the apprentice and the number of bodies the apprentice has assisted in embalming, or otherwise prepared for burial or disposition during such period, the number of funeral services at which the apprentice has assisted, and give such other information as may be required by the examining board. The data contained in the report shall be certified to as correct by the licensed funeral director under whom the apprentice has served during such period.
445.095(2) (2)
445.095(2)(a)1.1. Except as provided in subd. 2., the examining board may recognize only one funeral director apprenticeship at a funeral establishment in a given year for each funeral director that is employed full time at the funeral establishment.
445.095(2)(a)2. 2. The examining board may recognize up to 2 funeral director apprenticeships at any funeral establishment at which less than 3 funeral directors are employed full time in a given year.
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)