Chapter FD 1

Chapter FD 1

LICENSES AND PERMITS

FD 1.01   Authority and intent.

FD 1.013   Definitions; generally.

FD 1.02   Applications.

FD 1.03   Examination grade.

FD 1.04   College instruction.

FD 1.05   Mortuary school.

FD 1.055   Certification class requirement.

FD 1.056   Certification class content.

FD 1.065   Changes in apprenticeship assignment.

FD 1.070   Semiannual apprentice reporting requirements.

FD 1.075   Supervision of apprentices.

FD 1.076   Terms of apprenticeship.

FD 1.077   Licensure eligibility.

FD 1.08   Permits.

FD 1.09   Preparation rooms.

FD 1.10   License renewal and reinstatement procedures.

FD 1.11   Renewal of Wisconsin licenses of out-of-state funeral directors.

FD 1.12   General reciprocity.

FD 1.13   Reciprocity for service members, former service members, and spouses of service members or former service members.

Ch. FD 1 Note Note: Chapter FDE 1 was renumbered chapter FD 1 under s. 13.93 (2m) (b) 1., Stats., Register, September, 1993, No. 453.

FD 1.01 FD 1.01 Authority and intent. This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 (2) (a), 440.08 (3) (b), and 445.03 (2) (a), Stats., to clarify and establish licensure criteria for funeral directors, funeral director apprentices, and funeral establishments.

FD 1.01 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; CR 16-011: am. Register September 2016 No. 729, eff. 10-1-16; EmR 1823: emerg. am. eff. 11-27-18; CR 18-075: am. Register June 2019 No. 762, eff. 7-1-19.

FD 1.013 FD 1.013 Definitions; generally. As used in chs. FD 1 to 4 and FD 6:

FD 1.013(1c) (1c) “Apprentice” has the meaning given in s. 445.01 (2), Stats.

FD 1.013(1g) (1g) “Board” means the funeral directors examining board.

FD 1.013(1m) (1m) “Funeral arrangements” means the provision of information or advice, at the time of need, on selection and cost of merchandise, facilities, equipment or personal services provided for final disposition of a dead human body in the course of formulating a contractual agreement between a funeral director or funeral home and client.

FD 1.013(2) (2) “Funeral director” has the meanin given in s. 445.01 (5), Stats.

FD 1.013(2m) (2m) “Funeral establishment” means an establishment as defined in s. 445.01 (6), Stats.

FD 1.013(3) (3) “Funeral services” means the ceremonies held in conjunction with the disposition of a dead human body where the body is present, including visitations, religious rites, and graveside services.

FD 1.013(4) (4) “Personal supervision” means immediate availability to continually coordinate, direct and inspect at first hand the practice of another.

FD 1.013(5) (5) “Supervision” means regularly to coordinate, direct and inspect the practice of another.

FD 1.013 History History: EmR 1823: emerg. cr. title, (intro.), renum. FD 4.02 (1), (3) to 1.013 (1), (2) eff. 11-27-18; CR 18-075: cr. (title), (intro.), (1), (2) renum. from FD 4.02 (1), (3) Register June 2019 No. 762, eff. 7-1-19; correction in (title) made under s. 13.92 (4) (b) 7., Stats., Register June 2019 No. 762; CR 19-163: renum. FD 1.015 (2), (3) to (4), (5), renum. FD 2.02 (1), (2) to (1m), (3) and am. Register September 2020 No. 777, eff. 10-1-20; CR 22-088: renum. (1) to (1g), cr. (1c), (2m) Register December 2023 No. 816, eff. 1-1-24; correction in (1c), (2m) made under s. 35.17, Stats., Register December 2023 No. 816.

FD 1.02 FD 1.02 Applications. An applicant for a funeral director’s license shall submit all of the following:

FD 1.02(1) (1) A completed application.

FD 1.02(2) (2) Required fee under s. 440.03 (9) (a), Stats.

FD 1.02(3) (3) Evidence of completion of at least 24 semester credits of instruction in a recognized college or university meeting the requirements of s. FD 1.04.

FD 1.02(4) (4) Evidence of completion of 9 months or more instruction in a prescribed course in mortuary science meeting the requirements of s. FD 1.05.

FD 1.02(5) (5) Evidence of completion of 1 year of apprenticeship under s. 445.095, Stats., and s. FD 1.077.

FD 1.02(6) (6) If the applicant has a pending criminal charge or conviction record, all documentation necessary for the board to determine whether the circumstances substantially relate to the practice of funeral director, subject to ss. 111.321, 111.322, and 111.335, Stats.

FD 1.02(7) (7) Evidence of passage of the National Board Examination of the International Conference of Funeral Service Examining Boards.

FD 1.02(8) (8) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.

FD 1.02 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.01, Register, July, 1988, No. 391, eff. 8-1-88; am., Register, November, 1998, No. 515, eff. 12-1-98; CR 16-011: r. and recr. Register September 2016 No. 729, eff. 10-1-16; EmR 1823: emerg. am. (4), (5) eff. 11-27-18; CR 18-075: am. (4), (5) Register June 2019 No. 762, eff. 7-1-19; CR 20-045: am. (3), (4) Register June 2021 No. 786, eff. 7-1-21; CR 20-44: am. (6) Register July 2021 No. 787, eff. 8-1-21.

FD 1.03 FD 1.03 Examination grade. The passing grade on each licensure examination shall be determined by the board to represent minimum competence to practice. The board may adopt the recommended passing score of the examination provider.

FD 1.03 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; r. and recr., Register, November, 1998, No. 515, eff. 12-1-98; CR 16-011: am. (1), r. (2) Register September 2016 No. 729, eff. 10-1-16; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register September 2016 No. 729.

FD 1.04 FD 1.04 College instruction. To meet the requirement of 24 semester credits of instruction specified in s. 445.045 (1) (d), Stats., an applicant shall submit to the board an official transcript of courses from a regionally accredited college showing that the applicant has completed at least 24 semester credit hours in the following areas:

FD 1.04(1) (1) English or Communication Skills.

FD 1.04(3) (3) Social Sciences.

FD 1.04(4) (4) Natural Sciences.

FD 1.04(5) (5) Business Studies.

FD 1.04(6) (6) Electives.

FD 1.04 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; r. and recr. (4), r. (5) and renum. (6) to be (5), Register, June, 1979, No. 282, eff. 7-1-79; am. Register, January, 1980, No. 289, eff. 2-1-80; renum. from FDE 2.03 and am., Register, July, 1988, No. 391, eff. 8-1-88; CR 17-049: am. Register July 2018 No. 751, eff. 8-1-18; CR 20-045: am. (title), (intro.), (1), r. (2) Register June 2021 No. 786, eff. 7-1-21.

FD 1.05 FD 1.05 Mortuary school. The candidate shall have satisfactorily completed 9 months or more instruction in a prescribed course in mortuary science, either before or after completing the 1 year apprenticeship required under s. 445.095, Stats., offered by an educational institution accredited by the American board of funeral service education or otherwise deemed to be equivalent by the funeral directors examining board.

FD 1.05 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.04 and am., Register, July, 1988, No. 391, eff. 8-1-88; correction made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1989, No. 408; EmR 1823: emerg. am. eff. 11-27-18; CR 18-075: am. Register June 2019 No. 762, eff. 7-1-19; CR 20-045: am. Register June 2021 No. 786, eff. 7-1-21.

FD 1.055 FD 1.055 Certification class requirement. Prior to beginning the 1 year apprenticeship required under s. 445.095, Stats., the applicant shall provide evidence of completion of an in-person 16-hour certification class approved by the board, unless the applicant has already completed the course in mortuary science requirement in s. FD 1.05, in which case the certification course is not required.

FD 1.055 History History: EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; CR 19-163: am. Register September 2020 No. 777, eff. 10-1-20; CR 20-026: am. Register May 2021 No. 785, eff. 6-1-21; CR 20-045: am. Register June 2021 No. 786, eff. 7-1-21.

FD 1.056 FD 1.056 Certification class content.

FD 1.056(1) (1) The 16-hour certification class shall contain the following instructional topics:

FD 1.056(1)(a) (a) Funeral director apprentice expectations.

FD 1.056(1)(b) (b) Funeral ethics and etiquette.

FD 1.056(1)(c) (c) Understanding funeral services, gatherings, and various types of dispositions.

FD 1.056(1)(d) (d) Laws, rules, and regulations of funeral service.

FD 1.056(1)(e) (e) Workplace safety and Occupational Safety and Health Administration requirements.

FD 1.056(1)(f) (f) Introduction to funeral service: notification of death, transfers, and arrangements.

FD 1.056(1)(g) (g) Embalming, dressing, and casketing.

FD 1.056(1)(h) (h) Grief and psychology of funeral services.

FD 1.056(2) (2) Following the instructional presentation of the material under sub. (1), a written examination, approved by the board, shall be administered.

FD 1.056(3) (3) The written examination shall cover each of the topics under sub. (1) and be included within the 16-hour class requirement.

FD 1.056(4) (4) A passing score of 75 percent on the written examination shall be considered as having successfully completed the certification class.

FD 1.056 History History: EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; corrections in (2), (3), (4) made under s. 13.92 (4) (b) 12., Stats., Register June 2019 No. 762; CR 19-163: r. (1) (i) Register September 2020 No. 777, eff. 10-1-20.

FD 1.065 FD 1.065 Changes in apprenticeship assignment.

FD 1.065(1) (1) Whenever any licensed funeral director discharges an apprentice the funeral director shall within 5 days notify in writing the funeral directors examining board, giving the name and address of the apprentice, and the date of discharge.

FD 1.065(2) (2) Whenever any apprentice leaves his or her apprenticeship at a funeral establishment, the funeral director and apprentice shall within 5 days notify in writing the funeral directors examining board, giving the name and address of the apprentice and date of the apprentice leaving the apprenticeship.

FD 1.065(3) (3) When an apprentice leaves the employment of a licensed funeral director and enters the employment of another licensed funeral director during an apprenticeship, the apprentice and the supervising funeral director shall abide by the procedures outlined under s. 445.095 (3r), Stats.

FD 1.065 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; (1) renum. from FDE 2.13 and am., cr. (2), Register, July, 1988, No. 391, eff. 8-1-88; CR 17-049: renum. from FD 2.07 Register July 2018 No. 751, eff. 8-1-18; CR 22-088: cr. (3) Register December 2023 No. 816, eff. 1-1-24.

FD 1.070 FD 1.070 Semiannual apprentice reporting requirements. An apprentice shall provide semiannual reports to the examining board as required by s. 445.095 (3g), Stats. The semiannual reporting periods shall be January 1 to June 30 and July 1 to December 31. Reports shall be due 30 days following the last day of each reporting period.

FD 1.070 Note Note: Apprentice semi-annual report form is available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call [phone].

FD 1.070 History History: CR 22-088: cr. Register December 2023 No. 816, eff. 1-1-24; correction made under s. 35.17, Stats.

FD 1.075 FD 1.075 Supervision of apprentices.

FD 1.075(1) (1) Apprentices may engage in the following activities only when under the personal supervision of a licensed funeral director:

FD 1.075(1)(a) (a) Making funeral arrangements.

FD 1.075(1)(b) (b) Embalming a dead human body.

FD 1.075(1)(c) (c) Conducting funeral services.

FD 1.075(2) (2) Apprentices may engage in the following activities only when under the supervision of a licensed funeral director:

FD 1.075(2)(a) (a) Making removals of dead human bodies.