STATE OF WISCONSIN
Funeral Directors Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
FUNERAL DIRECTORS EXAMINING BOARD
ORDER OF THE FUNERAL DIRECTORS EXAMINING BOARD
ADOPTING RULES
ORDER
An order of the Funeral Directors Examining Board to repeal FD 1.03 (2) and 1.035; to amend FD 1.01, 1.03 (1) and 4.04 (8); and to repeal and recreate FD 1.02 and 1.10, relating to applications, examinations, renewal of funeral director licenses, and approved continuing education.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Explanation of agency authority:
15.08 (5) (b), Stats. – Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
440.08 (3) (b), Stats. - The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under chs. 440 to 480, that the department, examining board or affiliated credentialing board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the department, the examining board or the affiliated credentialing board. 445.03 (2) (a), Stats. - The examining board may 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.
Related statutes or rules:
Wisconsin funeral director licensing requirements are found in ch. 445, Stats.,“Funeral Directors”, and administrative rules promulgated by the Funeral Directors Examining Board found in chs. FD 1 to 6. Chapter 440, Department of Safety and Professional Services, and chs. SPS 1 to 9 outline the Department of Safety and Professional Services’ administrative procedures for issuing licenses, including procedures for displinary actions against licensees. Plain language analysis:
Section 1 amends s. FD 1.01, to clarify that, in addition to the statutory references currently included in the section, s. 440.08 (3)(b), Stats., also provides the statutory authority for the rule. Section 2 repeals the provision outlining examination application procedures and replaces it with licensing application procedures and requirements. Wisconsin law prohibits credentialing boards from requiring a person to complete any postsecondary education before the person is eligible to take an examination for a credential. This revision allows an applicant to complete the licensure requirement in any order allowing the applicant to take an examination prior to the completion of the education requirements in compliance with s. 440.071, Stats. Section 3 simplifies FD 1.03 (1) authorizing the board to establish the passing grade for licensure examinations.
Sections 4 and 5 repeals FD 1.06 (2) and 1.035, removing unnecessary and outdated provisions related to examination procedures.
Section 6 repeals FD 1.10 and recreates the section updating and clarifying renewal and reinstatement procedures to do the following:
• The rule continues to require a completed application and evidence that the licensee has completed the continuing education requirements specified in s. FD 4.03. • The revision clarifies that if a person fails to renew a credential before an expiration date, the credential holder shall complete the renewal process and pay a late fee.
• The rule outlines a reapplication process for credential holders who have failed to renew a Wisconsin funeral director license for 5 or more years. All applicants under this subsection are required to submit an application, pay renewal and late fees, and pass the Wisconsin jurisprudence examination for funeral directors. Applicants who hold a valid funeral director license in good standing in another state are required to submit evidence of current licensure.
Applicants whose license has expired for more than 5 but less than 10 years and who do not hold an active license from another state are required to attest to completion of 30 hours of continuing education approved by the board. The continuing education must have been completed within 4 years of application and must include a minimum of 10 hours of in-person instruction.
