Licenses expire on December 31 of the calendar year in which the license was issued. Renewal applications received up to 31 days after the December 31 deadline must include a late filing penalty fee. A license lapses when a renewal application and renewal fees are not received within 31 calendar days after the expiration date. The commissioner issues a cease and desist order to prevent an individual with a lapsed license from practicing mortuary science. Minnesota allows a licensee to restore a lapsed license within one year after the license expiration date by submitting an application and paying a renewal and late fee, provided that the person has not violated the cease and desist order. Licensees with licenses that have lapsed for more than a year must meet all requirements of an initial license to be relicensed.
Summary of factual data and analytical methodologies:
The Funeral Directors Examining Board reviewed existing regulations and updated provisions to ensure compliance with 2013 Wisconsin Act 114, which prohibits the department or credentialing boards from requiring applicants to complete any postsecondary education or other program before taking an examination for a credential before issuing the credential. The Board also proposed changes consistent with current industry practices to modernize application, licensing renewal, and acceptance of continuing education courses approved by the Academy of Professional Funeral Service Practice. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The department posted the rule for 14 days to solicit comments regarding the potential economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis:
The economic impact analysis is attached.
Effect on small business:
These rules are not anticipated to have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Jeff.Weigand@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sandra Cleveland, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0797; email at Sandy.Cleveland@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. FD 1.01 is amended to read:
FD 1.01 This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11, 440.08 (3) (b), and 445.03, Stats., to clarify and establish licensure criteria for funeral directors and funeral establishments. Section 2. FD 1.02 is repealed and recreated to read:
FD 1.02 Applications. An applicant for a funeral director’s license shall submit all of the following:
(1)
A completed application.(3) Evidence of completion of 2 academic years of instruction in a recognized college or university meeting the requirements of s. FD 1.04. (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 after having completed 1 year of college work or equivalent education. (5) Evidence of completion of 1 year of apprenticeship under s. 445.095, Stats. (6) If the applicant has an arrest or conviction record, 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. (7) Evidence of passage of the National Board Examination of the International Conference of Funeral Service Examining Boards.
(8) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.
Section 3. FD 1.03(1) is amended to read:
(1) To pass the initial The passing grade on each licensure examination each applicant shall receive a grade be determined by the board to represent minimum competence to practice. The board shall determine the passing grade after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing grade for the examination at that point which represents minimum acceptable competence in the profession. The board may adopt the recommended passing score of the examination provider.
Section 4. FD 1.03(2) is repealed.
Section 5. FD 1.035 is repealed.
Section 6. FD 1.10 is repealed and recreated to read:
FD 1.10 License renewal and reinstatement procedures. (1) Renewal within 5 years. A credential holder shall renew the license by paying the renewal fee specified in s. 440.08 (2), Stats., and attesting to completion of the continuing education required under s. FD 4.03. If the credential is not renewed before its expiration date, the credential holder shall pay a late renewal fee. (2) Renewal after 5 years. A credential holder who has failed to renew a license within 5 years after the renewal date holds an expired license and may not reapply for the license using the initial application process. This subsection does not apply to license holders who have unmet disciplinary requirements or whose credentials have been surrendered or revoked. An applicant who holds an expired funeral director’s license shall submit all of the following:
(a) A completed application.
(c) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.
(d) Evidence of one of the following:
1. Current licensure as a funeral director if the applicant holds an active license in good standing as a funeral director in another state.
2. If the applicant’s funeral director’s license has expired for more than 5 but less than 10 years and the applicant does not hold an active license in good standing as a funeral director in another state, attestation to the completion of 30 hours of continuing education approved by the board. The continuing education courses shall have been completed within the 4 years prior to application for licensure under this subsection and shall include a minimum of 10 hours of in-person instruction.
3. If the applicant’s funeral director’s license has expired for 10 years or more and the applicant does not hold an active license in good standing as a funeral director in another state, the applicant shall provide evidence of passage of the National Board Examination of the International Conference of Funeral Service Examining Boards within 12 months prior to application for a license under this subsection and attestation to the completion of 30 hours of continuing education approved by the board. The continuing education courses shall have been completed within the 4 years prior to application for licensure under this subsection and shall include a minimum of 10 hours of in-person instruction.
(3) Reinstatement. A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years or whose credential has been surrendered or revoked may apply to have the license reinstated in accordance with all of the following:
(a) Evidence of completion of the requirements in sub. (2) if the credential has not been active within the last 5 years.
(b) Evidence of completion of disciplinary requirements, if applicable.
(c) Evidence of rehabilitation or change in circumstances, warranting reinstatement of the credential.
Section 7. FD 4.04 (8) is amended to read:
FD 4.04 (8) A continuing education course sponsored by a national, international or state funeral director’s association, or an educational institution accredited by the American Board of Funeral Service Education or approved by the Academy of Professional Funeral Service Practice or otherwise deemed to be equivalent by the board, which satisfies the criteria established in sub. (1)(a) to (d) and s. FD 4.045, shall be approved by the board without receipt of a course approval application from the program provider. Section 8. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats. (END OF TEXT OF RULE)
