CR 17-048 Rule Text

Summary of factual data and analytical methodologies:

This rule was developed following a review of other Midwestern state policies along with multiple meetings and direct input from members of the Funeral Directors Examining Board. The Funeral Directors Examining Board reviewed the rule and statutory requirements and provided input throughout the drafting process.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The department posted this rule for 14 days to solicit economic impact comments.

Fiscal Estimate and Economic Impact Analysis:

The economic impact analysis is attached.

Effect on small business:

These proposed rules do not 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 [e-mail], or by calling [phone].

Agency contact person:

Greg DiMiceli, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Greg DiMiceli, Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments shall be received on or before August 1, 2017, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. FD 4.02 (3m) and (3n) are created to read:

FD 4.02 (3m) “In-service” means continuing education approved by the board that is provided by a licensed funeral director to staff of the funeral director’s funeral establishment and is available to all funeral directors.

(3n) “Professional activity” means any of the following:

(a) Serving on the Funeral Directors Examining Board.

(b) Serving on the Milwaukee Area Technical College Funeral Services Advisory Committee.

(c) Serving on the National Funeral Director committee or board.

(d) Serving on the state, district board, or committee of the Wisconsin Funeral Director Association.

(e) Serving on the Funeral Service Alliance committee or board.

(f) Serving on the American Board of Funeral Education committee or board.

(g) Serving on the Order of the Golden Rule committee or board.

(h) Serving on the National Selection of Morticians committee or board.

Section 2. FD 4.03 (6) is repealed and recreated to read:

FD 4.03 (6) Continuing education credit may be granted for teaching or presenting any continuing education programs or courses under s. FD 4.04 (1) (a) 1. to 4. No credit will be granted for any subsequent presentations of the same program or course. A teacher or presenter may receive 2 continuing education credits for each hour of presentation.

Section 3. FD 4.03 (6m) is created to read:

FD 4.03 (6m) Two credit hours of continuing education may be granted for one hour of professional activity with a maximum of 6 credit hours of continuing education per biennial registration period for professional activity.

Section 4. FD 4.03 (7) and (8) are amended to read:

FD 4.03 (7) No more than 10 hours of the 15−hour requirement may be acquired through participation in non−contact home study board-approved online programs that have been approved by the board.

(8) Each contact or clock hour or lesson or tape completed in a home study board-approved online program that has been approved by the board is equivalent to 1.0 continuing education credit hour.

Section 5. FD 4.03 (11) is created to read:

FD 4.03 (11) The board may count any relevant instruction obtained in connection with military service, as defined in s. 111.32 (12g), Stats., toward satisfying up to 15 hours of continuing education credits per biennial registration period.

Section 6. FD 4.04 (1) (intro.), (a) 4., and (b) are amended to read:

FD 4.04 (1) (intro.) Except as provided in sub. (8), to obtain approval of a continuing education program, the program provider shall submit an application to the board on a form provided by the board which shall include :. To be approved by the board, a continuing education program shall meet all of the following criteria:

(a) 4. Technical or practical aspects of the profession;.

(b) The program is available to all funeral directors regardless of membership in or affiliation with any organization; and,.

Section 7. FD 4.04 (1) (c) (intro.) is created to read:

FD 4.04 (1) (c) (intro.) The program provider does one of the following:

Section 8. FD 4.04 (1) (c) and (d) are renumbered FD 4.04 (1) (c) 1. and 2. and amended to read:

FD 4.04 (1) (c) 1. The program provider of the continuing education program agrees to monitor the continuous attendance of participants and to furnish to each participant evidence of having attended and completed the program at the location of the program, or.

2. The program provider of a home−study board-approved online continuing education program includes in the program a method satisfactory to the board of determining a participant’s successful completion of the home study approved online program.

Section 9. FD 4.04 (6) is amended to read:

FD 4.04 (6) A home study board-approved online program or course taken for academic credit shall be eligible for credit if the program or course relates to subject areas specified in sub. (1) and meets all other requirements in this section.

Section 10. FD 4.06 is created to read:

FD 4.06 Audit. The board may conduct a continuing education audit on any licensee who has received a complaint against the credential holder.

Section 11. 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.

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(END OF TEXT OF RULE)

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