Chapter FD 6

Chapter FD 6

BURIAL AGREEMENTS FUNDED WITH LIFE INSURANCE

FD 6.01   Authority and purpose.

FD 6.02   Definitions.

FD 6.03   Registration requirements.

FD 6.04   Change of employment.

FD 6.05   Training requirements.

FD 6.06   Approval of educational training programs.

FD 6.07   Standards for burial agreements funded by life insurance proceeds.

FD 6.08   Contractual standards for agents and operators of funeral establishments.

FD 6.09   Requirements for terminating a burial trust.

FD 6.10   Solicitation of prospective purchasers of burial agreements funded with the proceeds of a life insurance policy.

FD 6.01 FD 6.01 Authority and purpose. The rules in this chapter are adopted by the board under the authority of ss. 15.08 (5) (b), 227.11 (2), 445.125 (3m) (b) 2. b. and (j) 1. and 2., Stats., and govern the registration and regulation of agents.

FD 6.01 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

FD 6.02 FD 6.02 Definitions. In this chapter:

FD 6.02(1) (1) “Agent” means an authorized representative of a funeral director or an operator of a funeral establishment who sells or solicits the sale of a burial agreement that is funded with the proceeds of a life insurance policy.

FD 6.02(4) (4) “Evidence of attendance” means an official transcript, student grade report, or a written form furnished by a program provider which specifies satisfactory completion of an educational training program.

FD 6.02(5) (5) “Program provider” means an educational institution, governmental agency, professional or trade association or foundation or a private firm or individual whose function is educational training programming.

FD 6.02 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; EmR1823: emerg. r. (2), (3) eff. 11-27-18; CR 18-075: r. (2), (3) Register June 2019 No. 762, eff. 7-1-19.

FD 6.03 FD 6.03 Registration requirements.

FD 6.03(1) (1) A licensed funeral director or operator of a funeral establishment shall submit an application with all of the following information:

FD 6.03(1)(a) (a) The identity of any agent authorized by s. 445.125 (3m), Stats., to sell or solicit the sale of a burial agreement that is funded with the proceeds of a life insurance policy on behalf of the licensed funeral director or operator of a funeral establishment.

FD 6.03(1)(b) (b) The agent’s Wisconsin life insurance intermediary’s license number and expiration date, and the insurer or insurers whom the agent is listed to represent.

FD 6.03(1)(c) (c) Evidence satisfactory to the board that the agent has successfully completed at least 20 hours of approved educational training as provided in s. FD 6.05. An agent who is a Wisconsin licensed funeral director and a Wisconsin licensed insurance intermediary shall be exempt from having to complete the 20 hours of approved educational training as provided in s. FD 6.05.

FD 6.03(2) (2) A copy of each contract between an agent and an operator of a funeral establishment shall accompany the application.

FD 6.03(3) (3) The application shall be accompanied by the fee authorized in s. 440.05 (1), Stats.

FD 6.03(4) (4) Upon receipt of an application and payment of the fees, the board shall issue a registration card to an agent.

FD 6.03(5) (5) No agent may sell or solicit the sale of a burial agreement funded with the proceeds of a life insurance policy unless he or she is registered by the board.

FD 6.03 Note Note: Application forms are available upon request to the Funeral Directors Examining Board, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

FD 6.03 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

FD 6.04 FD 6.04 Change of employment. A licensed funeral director or operator of a funeral establishment shall notify the board within 30 calendar days of the termination of any contract he or she has with an agent.

FD 6.04 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

FD 6.05 FD 6.05 Training requirements.

FD 6.05(1) (1) Educational training shall include the following subjects:

FD 6.05(1)(a) (a) The funeral industry practice regulations of the federal trade commission, and any other applicable federal statutes and regulations related to the funeral service industry including, but not limited to, the occupational safety and health act.

FD 6.05(1)(b) (b) The funeral industry practice regulations contained in the Wisconsin statutes and administrative code including, but not limited to, burial agreements and any applicable impoverishment provisions.

FD 6.05(1)(c) (c) The ethics of funeral service marketing.

FD 6.05(1)(d) (d) Funeral service and final disposition options.

FD 6.05(1)(e) (e) Funding mechanisms for burial agreements.

FD 6.05(1)(f) (f) Financial benefits available at the time of death including, but not limited to, veteran’s benefits, social security income, pensions, and human services benefits.

FD 6.05(1)(g) (g) Grief communication skills.

FD 6.05(2) (2) Educational training credit for participation in a multiple-day program, in which each day of the program is a prerequisite for each succeeding day, shall be granted only for completion of the entire program.

FD 6.05(3) (3) Credit for attendance at an educational training program shall be given to an agent if all of the following apply:

FD 6.05(3)(a) (a) The program has been approved by the board under s. FD 6.06.

FD 6.05(3)(b) (b) The agent provides evidence of attendance satisfactory to the board.

FD 6.05(3)(c) (c) The agent takes and successfully passes a comprehensive examination administered by the program provider.

FD 6.05 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

FD 6.06 FD 6.06 Approval of educational training programs.

FD 6.06(1) (1) To obtain approval of an educational training program, the program provider shall submit an application to the board on a form provided by the board which shall include evidence of all of the following:

FD 6.06(1)(a) (a) Information that the program relates to the following subject areas:

FD 6.06(1)(a)1. 1. The funeral industry practice regulations of the federal trade commission, and any other applicable federal statutes and regulations related to the funeral service industry including, but not limited to, the occupational safety and health act.

FD 6.06(1)(a)2. 2. The funeral industry practice regulations contained in the Wisconsin statutes and administrative code including, but not limited to, burial agreements and applicable impoverishment provisions.

FD 6.06(1)(a)3. 3. The ethics of funeral service marketing.

FD 6.06(1)(a)4. 4. Funeral service and final disposition options.

FD 6.06(1)(a)5. 5. Funding mechanisms for burial agreements.

FD 6.06(1)(a)6. 6. Financial benefits available at the time of death including, but not limited to, veteran’s benefits, social security income, pensions, and human services benefits.

FD 6.06(1)(a)7. 7. Grief communication skills.