Chapter FD 6

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.

FD 6.06(1)(b) (b) The program is available to all agents regardless of membership or affiliation with any organization.

FD 6.06(1)(c) (c) The program provider agrees to monitor the continuous attendance of participants and to furnish to each participant with evidence of attendance.

FD 6.06(2) (2) A separate application shall be submitted for each educational training program. Approval of an educational training program expires on December 31 of each odd-numbered year.

FD 6.06(3) (3) A program provider shall apply for approval of an educational training program at least 30 days prior to its presentation.

FD 6.06(4) (4) An educational training program may include subject content other than that specified in sub. (1); however, the board shall limit its approval only to that part and time segments of the program which relate to subject areas specified in sub. (1).

FD 6.06(5) (5) In-service educational training programs sponsored by a funeral establishment or insurance company are not eligible for credit unless the programs are available to all agents and meet all other requirements in this section.

FD 6.06 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 6.06 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

FD 6.07 FD 6.07 Standards for burial agreements funded by life insurance proceeds. A burial agreement shall be in written form that is clear and conspicuous, and shall include all of the following:

FD 6.07(1) (1) The identity of the funeral establishment and the insurer or insurers that the agent represents.

FD 6.07(2) (2) The identity of the funeral establishment that will be used to provide the funeral services or merchandise under the agreement.

FD 6.07(3) (3) The nature and extent of any price guarantees for the funeral merchandise or funeral services, or any other guarantees that exist.

FD 6.07(4) (4) Information that a life insurance policy is involved in or connected to, or is being used to fund, the burial agreement.

FD 6.07(5) (5) The type of insurance instrument that is being used to fund the burial agreement.

FD 6.07(6) (6) The effect on the burial agreement of all of the following:

FD 6.07(6)(a) (a) Changing the life insurance policy, including, but not limited to, changing the assignment of the policy proceeds, changing the beneficiary designation, or changing the use of the proceeds.

FD 6.07(6)(b) (b) Any penalties incurred by the policyholder as a result of failing to make premium payments.

FD 6.07(6)(c) (c) Any penalties incurred or money received as a result of cancellation or surrender of the life insurance policy.

FD 6.07(7) (7) A statement of funeral goods and services selected under the burial agreement and the price of each item or service provided under the burial agreement, including a statement as to whether the purchase price of the funeral merchandise and services are guaranteed at the time the burial agreement is arranged or whether the price is to be determined at the time of need. If the price of funeral merchandise or services is to be determined at the time of need, those prices may not exceed the prices as set forth in the funeral establishment’s general price list required under the funeral industry practices regulations of the federal trade commission.

FD 6.07(8) (8) All information concerning what occurs, and whether any entitlements arise, if there is a difference between the proceeds of the life insurance policy and the amount of money actually needed to fund the burial agreement.

FD 6.07(9) (9) Any restrictions, including geographic restrictions, or penalties relating to delivery or performance under the burial agreement, including any restrictions or penalties relating to the inability of the operator of the funeral establishment to perform.

FD 6.07(10) (10) A statement as to whether the sales commission or other form of compensation is being paid to the agent who sells or solicits the sale of a burial agreement and the life insurance used to fund the burial agreement and, if so, the identity of any other persons to whom the commission or other compensation is paid.

FD 6.07(11) (11) The following statement in not less than 12-point boldface type: “Burial agreements are regulated by the Wisconsin Funeral Directors Examining Board. Should you have a complaint, please contact the Board at 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53708 or by telephone at [phone].”

FD 6.07 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 19-161: am. (11) Register September 2020 No. 777, eff. 10-1-20.

FD 6.08 FD 6.08 Contractual standards for agents and operators of funeral establishments. A copy of each contract between an agent and an operator of a funeral establishment shall be sent to the board along with the agent’s application for registration as required in s. FD 6.03. A contract between an agent and an operator of a funeral establishment shall include all of the following:

FD 6.08(1) (1) A statement that the agent is currently licensed as a life insurance intermediary in Wisconsin and is currently listed with an insurer or insurers who is authorized to sell life insurance used to fund a burial agreement in Wisconsin.

FD 6.08(2) (2) A statement that the agent has received the required training pursuant to s. 445.125 (3m) (b) 2. a., Stats., and will obtain any additional training as required by the board.

FD 6.08(3) (3) A statement that the agent shall immediately notify the operator of the funeral establishment at any time while the contract between the agent and operator of the funeral establishment is in effect if any of the following occur:

FD 6.08(3)(a) (a) The agent’s life insurance license is suspended or revoked.

FD 6.08(3)(b) (b) There are any changes to listings with insurers.

FD 6.08(4) (4) A statement that the agent will abide by the funeral industry practices regulations of the federal trade commission, and all applicable Wisconsin statutes and rules.

FD 6.08(5) (5) A statement as to whether the sales commission or other form of compensation is being paid to the agent who sells or solicits the sale of a burial agreement and the life insurance used to fund the burial agreement and, if so, the identity of any other persons to whom the commission or other compensation is paid.

FD 6.08 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

FD 6.09 FD 6.09 Requirements for terminating a burial trust. Written notice shall be sent to the board by an agent, licensed funeral director or operator of the funeral establishment when a consumer terminates a trust as established under s. 445.125 (1), Stats. The following information shall be included in the written notice that an agent, funeral director, or operator of a funeral establishment gives to a consumer and to the board when the consumer terminates a burial trust and converts to a burial agreement funded by the proceeds of a life insurance policy:

FD 6.09(1) (1) The name of the individual for whom the existing burial trust is intended.

FD 6.09(2) (2) The date on which the original burial trust agreement was made.

FD 6.09(3) (3) The name of the funeral establishment that was designated on the original burial trust agreement.

FD 6.09(4) (4) The name of the bank, trust company, savings and loan association, or savings bank in which the burial trust funds have been held.

FD 6.09(6) (6) The name of the life insurance company issuing the life insurance policy intended to fund the burial agreement.

FD 6.09(7) (7) The name of the agent who sells the life insurance policy.

FD 6.09(8) (8) The name of the funeral establishment that will be designated on the life insurance policy as the beneficiary.

FD 6.09 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 19-161: r. (5) Register September 2020 No. 777, eff. 10-1-20.

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

FD 6.10(1) (1) Automated telephone calls. A funeral director, owner of a funeral establishment, or agent may only initiate a telephone call using an automated telephone dialing system or an artificial or prerecorded voice system for the purpose of selling or soliciting a burial agreement funded by the proceeds of a life insurance policy when calling a residential or business telephone line, provided that the funeral director, owner of a funeral establishment, or agent obtains the prior express written consent of the party to be called.

FD 6.10(2) (2) Live-voice telephone calls. A funeral director, owner of a funeral establishment, or an agent may initiate a telephone call by live-voice for the purpose of selling or soliciting a burial agreement funded with the proceeds of a life insurance policy only if all of the following apply:

FD 6.10(2)(a) (a) A funeral director, owner of a funeral establishment, or agent sends written notice to the prospective purchaser at least 10 days in advance of the call, advising the prospective purchaser of all of the following:

FD 6.10(2)(a)1. 1. The name of the funeral director, owner of a funeral establishment, or agent who will be calling, the name of the person or entity upon whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted.

FD 6.10(2)(a)2. 2. That the call will only be made between the hours of 9:00 a.m. to 7:00 p.m. central time.

FD 6.10(2)(a)3. 3. The specific reason for the call in no less than 12-point type.

FD 6.10(2)(a)4. 4. That a prospective purchaser may call the person or entity upon whose behalf the call is being made to request that no call be made. This statement shall be in no less than 14-point, bold-faced type.

FD 6.10(2)(b) (b) The telephone caller immediately begins the conversation by providing the called party with the name of the funeral director, owner of the funeral establishment, or agent, the name of the person or entity upon whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted.

FD 6.10(2)(c) (c) The telephone caller records the name and telephone number of persons who request placement on a do-not-call list at the time the request is made and the caller agrees to make no further calls to a person who has requested placement on the list.

FD 6.10(2)(d) (d) A telephone call is only made to a prospective purchaser or the prospective purchaser’s authorized representative, in a hospital, health care facility, elderly home or similar establishment, if the prospective purchaser or the prospective purchaser’s authorized representative requests the call.

FD 6.10(2)(e) (e) A telephone call is only made to a prospective purchaser of a burial agreement funded by the proceeds of a life insurance policy whose death is imminent or appears to be imminent, if the prospective purchaser or the prospective purchaser’s authorized representative requests the call.

FD 6.10(3) (3) Door-to-door solicitation. A funeral director, owner of a funeral establishment, or an agent may not contact a prospective purchaser of a burial agreement funded with the proceeds of a life insurance policy by door-to-door solicitation.

FD 6.10 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; renum. and am. (1) (intro.) to be (1), (2) (b) (intro.), 1. to 4., to be (2) (a) (intro.), 1. to 4., r. (1) (a) to (c), (2) (a), (4) and (5), cr. (2) (b) to (e), r. and recr. (3), Register, July, 1999, No. 523, eff. 8-1-99; reprinted to correct printing error in (3), Register, November, 1999, No. 527.