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
(CLEARINGHOUSE RULE 17-048)
An order of the Wisconsin Funeral Directors Examining Board to renumber and amend FD 4.04 (1) (c) and (d); to amend FD 4.03 (6), (7), (8), FD 4.04 (1) (intro.), FD 4.04 (1) (intro.), (a) 4., and (b), FD 4.04 (6); and to create FD 4.02 (3m) and (3n), FD 4.03 (6m), FD 4.03 (11), FD 4.04 (1) (c) (intro.), and FD 4.06, relating to continuing education requirements for funeral directors.
Analysis prepared by the Department of Safety and Professional Services.
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), Stats., 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, Stats., 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:
Under s. 445.06, Stats., every funeral director is required to complete at least 15 hours of continuing education during each two-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full two-year licensure period.
FD 4 adds definitions and updates terminology to reflect changes in continuing education delivery methods. The rule also establishes qualifications for continuing education instructors and allows continuing education credit for funeral directors if they serve on the Funeral Directors Examining Board or engage in other professional activities. This rule also allows for an audit of the funeral director continuing education requirements.
The primary goal of this rule revision is to modernize the rule. Many of the provisions in the rule were first established in 1986 and have not been substantially revised since then. Terminologies, particularly regarding continuing education programs, do not accommodate new methods of delivering continuing education content.
This rule is not likely to have a significant economic impact on small businesses.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations do not govern continuing education requirements for funeral directors.
Comparison with rules in adjacent states:
Illinois: In Illinois every funeral director must complete 24 hours of continuing education for each two year licensure period. For the 2015 and 2017 renewals, the 24 hours must include a minimum of 6 hours related to the practice of funeral directing and a minimum of 6 hours related to the practice of embalming. Beginning with the 2019 renewal, the 24 hours must include a minimum of 9 hours related to the practice of funeral directing and a minimum of 9 hours related to the practice of embalming. No more than 6 hours may consist of insurance courses.
Iowa: Iowa requires 24 hours of continuing education per two years of licensure.
Michigan: Michigan has no continuing education requirements.
Minnesota: Minnesota requires 12 hours of continuing education per two years of licensure.