STATE OF WISCONSIN
FUNERAL DIRECTORS EXAMINING BOARD
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
FUNERAL DIRECTORS EXAMINING BOARD
ORDER OF THE FUNERAL DIRECTORS EXAMINING BOARD
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 055-18, was approved by the Governor on May 18, 2018, published in Register 749B on May 29, 2018, and approved by the Funeral Directors Examining Board on April 18, 2018. ORDER
An emergency order of the Funeral Directors Examining Board to repeal FD 6.02 (2) and (3); to renumber FD 2.02 (3), (4), and 4.02 (1), (3); to amend FD 1.01, 1.02 (4), 1.02 (5), 1.05, and 1.08 (note); and to create FD 1.013 (intro.), 1.015 (intro.), 1.015 (1), 1.055, 1.056, 1.075 (3), 1.075 (4), and 1.075 (5), 1.076, 1.077, and 3.015, relating to funeral director apprenticeship requirements.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Funeral Director Examining Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare.
The Legislature passed 2017 Wisconsin Act 304 changing the requirements for funeral director apprentices. Section 12 of 2017 Act 304 delayed implementation of the statutory changes until November 1, 2018. This emergency rule is necessary to coincide with the effective date of 2017 Act 304 and avoid confusion and disruption of funeral director apprenticeships as a result of the implementation of Act 304. -----------------------------------------------------------------------------------------------------------
ANALYSIS
Explanation of board authority:
Section 15.08 (5) (b), Stats. Each examining board “[s]hall 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 the examining board to “[m]ake 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 and apprenticeship requirements are found in ch. 445, Stats., the administrative code in chs. FD 1 to 4 and FD 6, and DSPS administrative code chs. SPS 1 to 9, which outlines the administrative procedures for issuing licenses. Plain language analysis:
This rule amends the funeral director apprenticeship requirements and makes them consistent with changes provided in 2017 Wisconsin Act 304. This rule requires an applicant for a funeral director’s license to complete a 16-hour certification class rather than completing one year of college work or equivalent education after completing the required nine months of instruction in mortuary science. The rule provides the class required instructional content and provides for a class exam as well as an exam passing standard.
This rule allows the Board to recognize two funeral director apprentices for each funeral establishment and also recognize additional funeral director apprentices as long as the funeral home employs at least one full-time licensed funeral director per funeral director apprentice.
This rule specifies that when an apprentice is in the preparation room the apprentice must be within the supervising funeral director’s line of sight.
This rule establishes that the Board must continue an apprenticeship for another four-year term after the registration or extension expires if the apprentice successfully retakes the 16-hour, Board approved, certification class.
Finally, this rule requires that apprentices applying for funeral director licensure must present affidavits from the licensed funeral directors under whom the apprentice worked to verify that the apprentice completed the practical apprenticeship work requirements.
