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.
Finally, applicants whose funeral directors licenses have expired 10 years or more and who do not hold an active license in another state are required to complete the National Board Examination within the 12 months prior to application, along with 30 hours of continuing education courses. Continuing education courses must have been completed within 4 years of application and include a minimum of 10 hours of in-person instruction.
The rule outlines procedures for reinstating a license for a license holder who has unmet disciplinary requirments or whose credential has been surrendered or revoked.
This revision repeals FD 1.10 (4) related to exemptions to renewal time limits for a license holders who is an active member of the U.S. armed forces. The provision was in conflict with s. 321.60, Stats., which governs extension of licenses for service members. Section 7 amends FD 4.04 (8) to accept courses approved by the Academy of Professional Funeral Service Practice to meet continuing education requirements without requiring approval by the Funeral Directors Examining Board for these courses, streamlining the process for receiving continuing education credits from this organization.
Summary of, and comparison with, existing or proposed federal regulation:
Licensing requirements for funeral directors are established by state law. Federal regulations do not govern applications, renewal, or reinstatement procedures for funeral directors.
Comparison with rules in adjacent states:
Illinois: Illinois requires applicants for a funeral director license to submit an application form and fee, provide proof that the applicant has met educational requirements established for funeral directors, a certificate of health, proof that the applicant has passed the National Board Examination of the International Conference of Funeral Service Examining Boards, Inc., and proof of successful completion of an internship. Applicants are required to complete at least 30 semester (45 quarter) hours of college credit and graduation from an approved mortuary science program of at least 12 months.
Illinois allows licensees with licenses that have expired for less than five years to renew their license by submitting an application form, paying renewal and late fees, and providing proof of completion of CE requirements. Licenses that have expired for more than five years may be reinstated by paying renewal and restoration fees, providing proof of completion of continuing education hours for one prerenewal period, and one of the following: 1) sworn evidence of practice in another jurisdiction, 2) affidavit attesting to military service, or 3) evidence of other education or experience within the 5 years preceding restoration demonstrating the licensee’s fitness and competence in funeral directing and embalming. This competence may be demonstrated through proof of successful completion of the National Board Examination or proof of 6 credit hours of mortuary science coursework in addition to the continuing education requirements.
Iowa: Iowa requires applicants for a funeral director license to submit an application form and fee, provide proof that the applicant has met educational requirements, proof that the applicant has passed the National Board Examination of the International Conference of Funeral Service Examining Boards, Inc., and proof of successful completion of an internship. Iowa requires completion of 60 semester hours of college credit and graduation from a mortuary science program approved by the American Board of Funeral Service Education.
Iowa licenses that have expired within 5 years of the expiration date may be renewed by submitting an application form, paying renewal and late fees, and providing proof of completion of continuing education requirements. A license that has been inactive for more than five years in Iowa may be reinstated after the licensee provides documentation of any license held in other jurisdictions in which the applicant has practiced while the Iowa license was inactive and verifies that he or she has completed 48 hours of continuing education courses, including verification of completion of a college course of one semester hour in Iowa mortuary science laws and rules.
Michigan: Michigan requires applicants for a funeral director license to submit an application form and fee, proof that the applicant has passed the mortuary science exam, and proof of successful completion of an internship. Applicants must also provide proof that they have met educational requirements, which includes 60 semester hours or 90 quarter hours of non-remedial courses at an accredited college and one academic year of instruction from a mortuary science program. Michigan contracts with PSI Services, LLC., to conduct the mortuary science examination.
Mortuary science licenses expire October 31st of every odd-numbered year. Any applicant who fails to renew their license within 60 day late renewal period must apply for relicensure. Michigan allows a license to be renewed within 3 years of the expiration date by submitting an application form, paying renewal and late fees and providing proof of completion of continuing education requirements. A person who seeks relicensure more than 3 years from his or her license expiration must meet current educational requirements for a new license and pass the current written examination on Michigan’s law and rules related to funeral directors.
Minnesota: Minnesota requires applicants for a funeral director license to submit an application form and fee, proof that the applicant has passed the National Board Exam of the International Conference of Funeral Examining Boards and a state exam encompassing the laws and rules of Minnesota. The applicant must also provide proof of successful completion of an internship. Minnesota requires applicants to hold a bachelor of science degree with a major in mortuary science, a bachelor of science or arts degree with a separate course of study in mortuary science, or completed the equivalent educational requirements.
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.
