Wisconsin Legislature: EmR2036 Rule Text

The statement of scope for this rule, SS 074-20, was approved by the Governor on May 29, 2020, published in Register 774A3 on June 15, 2020, and approved by the Funeral Directors Examining Board on June 30, 2020. This emergency rule was approved by the Governor on October 9, 2020.

ORDER

An order of the Funeral Directors Examining Board to repeal FD 1.04 (2); to amend FD 1.02 (3) and (4), 1.04 (title), (intro.), and (1), 1.05 and 1.055; to repeal and recreate FD 4.03 (1); and to create FD 4.03 (1m), relating to licensure and continuing education requirements for funeral directors and funeral director apprentices.

Analysis prepared by the Department of Safety and Professional Services.

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FINDING OF EMERGENCY

The Legislature by 2019 Wisconsin Act 137, Section 8, provides an exemption from a finding of emergency for the adoption of the rule.

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ANALYSIS

Statutes interpreted: Sections 445.045 (1), 445.07, and 445.095 (1), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) (a), 445.03 (2) (a), and 445.07 (3), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats. provides “[e]ach 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 227.11 (2) (a), Stats. provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..”

Section 445.03 (2) (a), Stats. authorizes the board to “[m]ake and enforce rules…for the examination and licensing of funeral directors and the registration of apprentices.”

Section 445.07 (3), Stats. authorizes the board to make rules implementing the continuing education requirements in s. 445.07, Stats.

Related statute or rule: None.

Plain language analysis:

This rule project makes several updates to chs. FD 1 and FD 4 in light of 2019 Wisconsin Act 137. FD 1 regarding funeral director and apprentice credentialing are revised to reflect that 24 semester credits of college are now required for licensure instead of 2 academic years. No changes are made to the required course subject matter. The requirement for certification as an apprentice that the 16-hour certification course be taken regardless of whether the applicant has completed mortuary school, is also removed. The certification class will no longer be required for apprenticeship applicants who have already completed mortuary school.

Finally, the continuing education requirements in FD 4 are revised to reflect that in the first biennium following licensure as a funeral director, the licensee will be required to complete 4 hours of continuing education that the board has deemed necessary to prepare a new licensee for practice.

Summary of, and comparison with, existing or proposed federal regulation: None.

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A.

Comparison with rules in adjacent states:

Illinois: Illinois provides for a funeral director’s license and a funeral director and embalming license. The funeral director only license requires 12 continuing education credits per renewal period, and the funeral director and embalming license requires 24 credits. Licensees are not required to meet the continuing education requirement during the renewal period immediately following their initial licensure (Ill. Admin. Code § 1250.220 (a)).

Illinois requires funeral director applicants to complete an internship. There is not a certification course required prior to beginning the internship. At minimum, however, must have completed at least 30 semester or 45 quarter college credit hours along with the completion of a 12 month mortuary science program (Ill. Admin Code § 1250.120 (a)).

Iowa: Iowa code requires a funeral director licensee to complete at least 24 continuing education credits per renewal period. Licensees are not required to complete continuing education during the first renewal period immediately following their licensure (645 IA Admin. Code § 102.2 (1).

Iowa requires funeral director applicants to complete a one-year internship (645 IA Admin. Code § 101.3 (1)). The internship must be completed after the education and examination requirements for funeral director licensure are met. This includes a minimum of 60 credits from an accredited college or university, not including any credits for technical mortuary science instruction, completion of a mortuary science program, and at least a one credit course in Iowa law and administrative rules relevant to the practice of funeral directing (645 IA Admin. Code § 101.2 (1)).

Michigan: Michigan requires funeral director license candidates to complete a one-year resident trainee program under the supervision of a licensee, graduate from a 3-year mortuary science course at an accredited school, college, or university, pass an examination, and be a person of good moral character (MCL § 339.1806 (1)). A resident trainee license can be issued to an individual who has a high school diploma and is of good moral character (MCL § 339.1808 (1)). It does not appear that any particular order is required in completing the requirements for licensure as a funeral director, nor does Michigan appear to require continuing education for licensees.