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STATE OF WISCONSIN
Funeral Directors Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE FUNERAL DIRECTORS EXAMINING BOARD
PROPOSED ORDER OF THE FUNERAL DIRECTORS EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Wisconsin Funeral Directors Examining Board to repeal FD 1.07; to renumber FD 2.06, FD 2.07; to amend FD 1.04; to repeal and recreate FD 1.06; and to create FD 1.065, FD 1.066, FD 1.067, and FD 1.077, relating to academic instruction requirements for funeral directors, apprentices, and reporting and renewal requirements for apprentices.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 445.03 (2) (a) and 440.075
Statutory authority: Sections 15.08(5) (b) and 445.03
Explanation of board authority:
Section 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.
Section 445.03 (2)(a) allows examining boards to 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 statute or rule:
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.
Plain language analysis:
This rule changes academic instruction requirements for funeral directors and apprentices and provides administrative guidance for the apprenticeship process.
Summary of, and comparison with, existing or proposed federal regulation:
Licensing requirements for funeral directors are established by state law.
Comparison with rules in adjacent states:
Illinois: An Internet search revealed that Illinois requires 30 semester hours of college credit plus Mortuary College or associate or bachelor's degree in mortuary science.
Iowa: An Internet search revealed that Iowa requires a student to have a minimum of 60 semester hours as indicated on the transcript from a regionally accredited college or university with a minimum of 2.0 or "C" grade point and a course in mortuary science from a school accredited by the American Board of funeral Service Education. The 60 semester hours does not include any technical or vocational mortuary science courses.
Michigan: An Internet search revealed that applicants in Michigan for mortuary science licenses are required to have completed not less than 60 semester hours or 90 quarter hours.
Minnesota: An Internet search revealed that Minnesota requires a bachelor of science degree with a major in mortuary science received from an accredited school.
Summary of factual data and analytical methodologies:
The Funeral Directors Examining Board reviewed the rule and statutory requirements.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
Fiscal Estimate and Economic Impact Analysis:
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