(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.
(3) A program provider shall apply for approval of an educational training program at least 30 days prior to its presentation.
(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).
(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.
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 6.07 STANDARDS FOR BURIAL AGREEMENTS FUNDED BY LIFE INSURANCE PROCEEDS. (1) A written burial agreement shall include all of the following:
(a) The identity of the funeral establishment and the insurer or insurers that the agent represents.
(b) The identity of the funeral establishment that will be used to provide the funeral services or merchandise under the agreement.
(c) The nature and extent of any price guarantees for the funeral merchandise or funeral services, or any other guarantees that exist.
(d) Information that a life insurance policy is involved in or connected to, or is being used to fund, the burial agreement.
(e) The type of insurance instrument that is being used to fund the burial agreement.
(f) The effect on the burial agreement of all of the following:
1. 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.
2. Any penalties incurred by the policyholder as a result of failing to make premium payments.
3. Any penalties incurred or money received as a result of cancellation or surrender of the life insurance policy.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.”
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:
(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.
(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.
(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:
(a) The agent's life insurance license is suspended or revoked.
(b) There are any changes to listings with insurers.
(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.
(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 6.09 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:
(1) The name of the individual for whom the existing burial trust is intended.
(2) The date on which the original burial trust agreement was made.
(3) The name of the funeral establishment that was designated on the original burial trust agreement.
(4) The name of the bank, trust company, savings and loan association, or savings bank in which the burial trust funds have been held.
(5) The current value of the trust.
(6) The name of the life insurance company issuing the life insurance policy intended to fund the burial agreement.
(7) The name of the agent who sells the life insurance policy.
(8) The name of the funeral establishment that will be designated on the life insurance policy as the beneficiary.
FD 6.10 SOLICITATION OF BURIAL AGREEMENTS FUNDED WITH THE PROCEEDS OF A LIFE INSURANCE POLICY. No funeral director, owner of a funeral establishment, or agent may initiate any telephone call by live voice or by using an automatic telephone dialing system or an artificial or prerecorded voice for the purpose of selling or soliciting a burial agreement funded by the proceeds of a life insurance policy to:
(1) The telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment.
(2) Any residential telephone line without the prior express written consent of the called party.
(3) Any business telephone line without the prior express written consent of the called party.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Veterinary Examining Board
Notice is hereby given that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 453.03 (1), Stats., and interpreting s. 453.06 (1), Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate s. VE 4.01 (3) relating to evidence that would be required in order to obtain a veterinary license of a candidate who is not a graduate of a school that has been approved by the board.
Hearing Information
February 12, 1997 1400 E. Washington Ave.
Wednesday Room 179A
11:15 a.m. Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 21, 1997 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227. 11 (2) and 453.03 (1)
Statute interpreted: s. 453.06 (1)
In this proposed rule-making order the Veterinary Examining Board repeals and recreates s. VE 4.01 (3) to require applicants who have graduated from a school not approved by the board to complete and obtain certification from the Educational Commission for Foreign Veterinary Graduates. This amendment will only allow those applicants who have completed and obtained their ECFVG (Educational Commission for Foreign Veterinary Graduates) certification to be eligible for licensure as a veterinarian in Wisconsin.
Under the current rule, an applicant who has graduated from a school not approved by the board, which includes all schools outside the United States and Canada with one exception, has three alternative routes to licensure. First, the applicant may complete the ECFVG program. Second, the applicant may demonstrate that requirements for a license in the applicant's country of original licensure, including educational and examination requirements, are substantially equivalent to the requirements in this state. Third, the applicant may establish equivalency of his or her education and pass the national veterinary licensing examinations. Unlike the ECFVG program, which carries out extensive testing and remediation to ensure that foreign graduates fully meet standards imposed by the licensing jurisdictions in this country, the board has found itself unable to make informed decisions and judgments relating to the equivalency of standards for licensure in other countries so as to permit the board to ensure that endorsement candidates from other countries do in fact meet the minimum requirements imposed by this state upon graduates of approved schools of veterinary medicine.
Text of Rule
SECTION 1. VE 4.01 (3) is repealed and recreated to read:
VE 4.01 (3) A person holding a current unrestricted license to practice veterinary medicine in a country other than the United States or Canada, who is not a graduate of a school of veterinary medicine approved by the board, in addition to the requirements of sub. (2), shall submit evidence that applicant has successfully completed the certification program of the educational commission for foreign veterinary graduates of the American veterinary medical association.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
(CR 96-142):
Ch. ATCP 30 Appendix A - Relating to atrazine use restrictions
S. PD 6.05 (1) (b) - Relating to reimbursement from parents of juveniles.
