Chapter 445

445.01(7) (7) “Operator of funeral establishment” means any person who conducts, maintains, manages or operates a funeral establishment.

445.01(8) (8) “Person” includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals.

445.01(9) (9) “Preparation room” means any building or part of a building used for embalming, caring for, or preparing for burial or transportation dead human bodies.

445.01 History History: 1975 c. 39 ss. 648m, 649, 649g, 732 (2); 1975 c. 199; 1977 c. 272 s. 98; 1979 c. 175 ss. 29, 30, 53; 1979 c. 221 ss. 660, 2202 (45); Stats. 1979 s. 445.01; 1981 c. 20; 1983 a. 189, 485; 1993 a. 100; 2005 a. 266, 441; 2017 a. 304.

445.03 445.03 Powers of examining board.

445.03(1) (1) The examining board shall:

445.03(1)(a) (a) Enforce this chapter.

445.03(1)(b) (b) Make and enforce rules necessary for the administration of subch. I of ch. 157.

445.03(2) (2) The examining board may:

445.03(2)(a) (a) 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.

445.03(2)(b) (b) Grant licenses to funeral directors, certificates of registration to apprentices, and permits to operators of funeral establishments.

445.03(2)(c) (c) Conduct a school of instruction to apprise funeral directors of the most recent scientific knowledge and developments affecting their profession. Qualified lecturers and demonstrators shall be employed for this purpose, who may be selected without regard to the civil service law.

445.03(2)(d) (d) Make and determine reciprocal agreements with other states.

445.03 History History: 1971 c. 301; 1975 c. 39 ss. 650, 651, 732 (2); 1979 c. 175 s. 29; 1979 c. 221 s. 660; Stats. 1979 s. 445.03; 1981 c. 20, 162; 1983 a. 485; 1985 a. 316 s. 25.

445.03 Annotation Rules authorized under sub. (2) (a) should be enacted under ch. 227. 63 Atty. Gen. 154.

445.04 445.04 Funeral directors; licenses.

445.04(1) (1) Except for conducting funeral services, the business of a funeral director must be conducted in a funeral establishment that has been issued a permit by the examining board.

445.04(2) (2) Except as provided in s. 257.03, no person may engage in the business of a funeral director, or make a representation as engaged in such business, in whole or in part, unless first licensed as a funeral director by the examining board. Application for a license, other than a renewal, shall be in writing and verified on a form to be furnished by the department. The application must specify the address at which the applicant proposes to conduct the business of a funeral director and shall contain such other information as the examining board requires to determine compliance with the requirements of this chapter. Accompanying the application shall be the initial credential fee determined by the department under s. 440.03 (9) (a), together with affidavits of recommendation from at least 2 persons of the county in which the applicant resides or proposes to conduct the business of a funeral director.

445.04(3) (3) 

445.04(3)(a) (a) Written examinations for a funeral director’s license under pars. (b) and (c) shall be held at least once a year and shall be conducted by the examining board at a time and place to be designated by the examining board.

445.04(3)(b) (b) The comprehensive examination shall include the subjects of:

445.04(3)(b)1. 1. Funeral directing and burial or other disposition of dead human bodies;

445.04(3)(b)2. 2. Anatomy, bacteriology, autopsy, chemistry and practical embalming; and

445.04(3)(b)3. 3. Sanitary science, public health, transportation, business ethics and the laws of this state and rules of the department of health services relating to communicable diseases, quarantine and causes of death.

445.04(3)(c) (c) The jurisprudence examination shall test the applicant’s knowledge of state law relating to funeral directing.

445.04 History History: 1971 c. 301; 1975 c. 39 ss. 653, 732 (2); 1975 c. 199; 1977 c. 29, 418; 1979 c. 175 s. 29; 1979 c. 221 s. 661; Stats. 1979 s. 445.04; 1981 c. 162, 380; 1983 a. 485; 1991 a. 39; 1995 a. 27 s. 9126 (19); 2005 a. 266; 2007 a. 20 ss. 3514, 9121 (6) (a); 2009 a. 42; 2017 a. 331.

445.04 Cross-reference Cross-reference: See also chs. DHS 135 and 136, Wis. adm. code.

445.045 445.045 License requirements.

445.045(1) (1) To be eligible for an original funeral director’s license, a person must meet all of the following requirements:

445.045(1)(a) (a) The person must be at least 18 years of age.

445.045(1)(b) (b) Subject to ss. 111.321, 111.322 and 111.335, the person must not have an arrest or conviction record.

445.045(1)(d) (d) The person must have completed 24 semester credits of instruction in a recognized college or university, in a course of study approved by the examining board, or have equivalent education.

445.045(1)(e) (e) The person must have satisfactorily completed 9 months or more of instruction in a prescribed course in mortuary science approved by the examining board.

445.045(1)(f) (f) The person must have completed one year of apprenticeship as prescribed in s. 445.095, either before or after taking the course in mortuary science required by par. (e), and must have satisfied the requirement under s. 445.095 (4).

445.045(1)(g) (g) The person must have successfully passed a comprehensive examination under s. 445.04 (3) (b) and a jurisprudence examination under s. 445.04 (3) (c).

445.045(2) (2) The eligibility requirements in sub. (1) shall not apply to:

445.045(2)(a) (a) Any person to whom a certificate of apprenticeship was issued before October 1, 1959, and who satisfies the legal requirements in effect at the time of the person’s registration; or

445.045(2)(b) (b) Any person who served actively in the armed forces of the United States between August 3, 1951, and October 1, 1959, and who was discharged under conditions other than dishonorable, registers with the examining board within 6 months of the date of discharge, and who satisfies the legal requirements in effect at the time the person entered the armed forces.

445.045 History History: 1971 c. 213 s. 5; 1971 c. 228 s. 44; 1971 c. 301, 307; 1975 c. 39 ss. 654, 654n, 732 (2); 1975 c. 199; 1979 c. 175 ss. 29, 53; 1979 c. 221 ss. 662, 2202 (45); Stats. 1979 s. 445.045; 1981 c. 380; 1981 c. 391 s. 211; 1983 a. 485; 1991 a. 316; 1999 a. 85; 2013 a. 114; 2017 a. 304, 331; 2019 a. 137.

445.045 Cross-reference Cross-reference: See also ch. FD 1, Wis. adm. code.

445.06 445.06 Renewal of licenses.

445.06(1) (1) The renewal date for a funeral director’s license is specified under s. 440.08 (2) (a), and the renewal fee for such license is determined by the department under s. 440.03 (9) (a).

445.06(2) (2) In order to renew a license under this chapter, the applicant shall furnish proof, to the satisfaction of the examining board, of all of the following:

445.06(2)(a) (a) That the applicant is doing business at a recognized funeral establishment.

445.06(2)(b) (b) That the applicant has satisfied the applicable continuing education requirements under s. 445.07.

445.06 History History: 1975 c. 39 s. 732 (2); 1975 c. 199; 1977 c. 29; 1979 c. 175 s. 29; 1979 c. 221 s. 662; Stats. 1979 s. 445.06; 1983 a. 485; 1985 a. 29; 1991 a. 39; 2007 a. 20; 2011 a. 146; 2019 a. 137.

445.06 Cross-reference Cross-reference: See also chs. FD 1 and 4, Wis. adm. code.

445.07 445.07 Continuing education.

445.07(1) (1) In order to renew a license under this chapter, an applicant shall, except as provided in sub. (2), furnish proof of having satisfied the following:

445.07(1)(a) (a) For the renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license, completion of 4 hours of continuing education subsequent to the date the applicant was granted the initial license. The examining board shall, in the rules promulgated under sub. (3), specify permitted or required subjects for the continuing education under this paragraph, which shall be subjects that the examining board determines prepare a new licensee for practice as a funeral director.

445.07(1)(b) (b) For each renewal subsequent to the renewal described in par. (a), completion of 15 hours of continuing education in the previous 2-year licensure period.

445.07(2) (2) 

445.07(2)(a) (a) The examining board may waive the requirement under sub. (1) (a) in cases where the examining board is satisfied that an applicant would be unable to satisfy the requirement prior to the renewal date.

445.07(2)(b) (b) Subsection (1) (a) does not apply to an applicant who was granted a reciprocal license under s. 445.08.

445.07(3) (3) The examining board shall promulgate rules to implement this section.

445.07 History History: 2019 a. 137.

445.08 445.08 Reciprocity in issuance of licenses. Any person holding a valid license as a funeral director or embalmer in another state having requirements substantially equal to those in this state for a funeral director’s license may apply for a license to practice in this state by filing with the examining board a certified statement from an authorized official of that state that verifies the person’s licensure in that state. An applicant for licensure under this section shall pass the jurisprudence examination under s. 445.04 (3) (c) and shall satisfy the requirement under s. 445.045 (1) (b). Thereupon the examining board may, upon the payment of the required fee, issue a funeral director’s license.

445.08 History History: 1971 c. 213 s. 5; 1971 c. 301; 1975 c. 39 ss. 656, 657, 732 (2); 1975 c. 199; 1977 c. 29; 1979 c. 175 s. 29; 1979 c. 221 s. 662; Stats. 1979 s. 445.08; 1981 c. 380; 1981 c. 391 s. 211; 1983 a. 485; 1997 a. 27; 2001 a. 107; 2003 a. 321 s. 116; 2017 a. 331.

445.08 Cross-reference Cross-reference: See also s. FD 1.12, Wis. adm. code.

445.09 445.09 Display of licenses. Funeral director’s licenses and certificates of apprenticeship shall be displayed conspicuously in the place of business conducted by the licensee or where the licensee or apprentice is employed.

445.09 History History: 1979 c. 175 s. 29; 1979 c. 221 s. 662; Stats. 1979 s. 445.09; 1983 a. 485.

445.095 445.095 Apprenticeship, funeral directors.

445.095(1) (1) 

445.095(1)(a) (a)

445.095(1)(a)1. 1. A person desiring to become an apprentice as a funeral director and who satisfies all of the following shall apply on a form provided for the purpose and appear before the examining board or any duly appointed representative of the examining board:

445.095(1)(a)1.a. a. The applicant is 18 years of age or older.

445.095(1)(a)1.b. b. The applicant holds a high school diploma or possesses equivalent education as defined by the examining board.

445.095(1)(a)1.c. c. The applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335.

445.095(1)(a)1.d. d. The applicant has completed a 16-hour certification class approved by the examining board or has satisfied the requirement under s. 445.045 (1) (e).

445.095(1)(a)1.e. e. The applicant pays the fee specified in s. 440.05 (6).

445.095(1)(a)2. 2. The application under subd. 1. must be substantiated by the oath of the applicant.

445.095(1)(a)3. 3. When the examining board is satisfied that an applicant for apprenticeship satisfies the requirements for granting a certificate of apprenticeship, it shall grant the applicant a certificate of apprenticeship.

445.095(1)(c) (c) A certificate of apprenticeship issued under this section shall be renewable annually upon the payment on January 1 of each year of the renewal fee specified in s. 440.08 (2) (b).

445.095(2) (2) 

445.095(2)(a) (a)

445.095(2)(a)1. 1. Except as provided in subd. 2., the examining board may recognize only one funeral director apprenticeship at a funeral establishment in a given year for each funeral director that is employed full time at the funeral establishment.

445.095(2)(a)2. 2. The examining board may recognize up to 2 funeral director apprenticeships at any funeral establishment at which less than 3 funeral directors are employed full time in a given year.

445.095(2)(b) (b) The term of a registered apprentice shall be recognized only when the apprentice is employed in a funeral establishment under the personal supervision of a licensed funeral director. For purposes of this paragraph, supervision, when the apprentice is in the preparation room, requires that the apprentice is within the funeral director’s line of sight.

445.095(2m) (2m) All apprentices under this chapter shall be paid at least the minimum wage in effect in this state.

445.095(3) (3) All apprentices shall be governed by subch. I of ch. 106 and apprenticeship rules of the department of workforce development.

445.095(3g) (3g) All apprentices registered under this section shall report at least semiannually to the examining board upon forms provided by the department. Failure to submit the required reports shall constitute grounds for termination of the apprenticeship. The semiannual report shall show the number of hours served by the apprentice, the number of bodies the apprentice has assisted in embalming or otherwise prepared for burial or disposition during such period, and the number of funeral services at which the apprentice has assisted, and give any other information required by the examining board. The data contained in the report shall be certified to as correct by the licensed funeral director under whom the apprentice has served during that period.

445.095(3r) (3r) When an apprentice enters the employment of a licensed funeral director, the apprentice shall immediately notify the examining board, giving the name and place of business of the funeral director whose service the apprentice has entered. If, at any time thereafter, the apprentice leaves the employment of the licensed funeral director whose service the apprentice has entered, the licensed funeral director shall give the apprentice an affidavit showing the length of time served as an apprentice with that employer, and the work done in detail, which affidavit shall be filed with the examining board and made a matter of record in that office. If the apprentice thereafter enters the employment of another licensed funeral director in this state, the applicant shall forthwith report such employment to the examining board. No person may serve or attempt to serve as an apprentice under a funeral director until the person has notified the examining board as required under this subsection.

445.095(4) (4) Before an apprentice is eligible to receive a funeral director’s license, the apprentice shall present, in connection with the other evidence required by this chapter, affidavits from the several licensed funeral directors under whom the apprentice has worked, showing that the apprentice has, during the term of his or her apprenticeship, assisted in embalming for burial or shipment at least 25 bodies, has assisted in preparing 25 dead human bodies for burial or transportation, other than by embalming, and has assisted in at least 25 funeral services during the apprenticeship.

445.095 History History: 1971 c. 164, 228; 1975 c. 39 s. 732 (2); 1975 c. 199; 1977 c. 29; 1979 c. 175 ss. 29, 53; 1979 c. 221 ss. 662, 2202 (45); Stats. 1979 s. 445.095; 1981 c. 20, 162, 380; 1981 c. 391 s. 211; 1983 a. 485; 1991 a. 39; 1995 a. 27 s. 9130 (4); 1997 a. 3; 2005 a. 266; 2009 a. 291; 2017 a. 304; 2019 a. 137.

445.095 Cross-reference Cross-reference: See also chs. FD 1 and 2, Wis. adm. code.

445.10 445.10 Term of apprenticeship.

445.10(1) (1) The term of an apprenticeship for a funeral director shall begin on the date of registration and shall continue for a period of not more than 4 years from the time of first registration unless an extension, not to exceed one additional year, is granted by the examining board. After 4 years have elapsed or, if an extension is granted, after the expiration of the extension, the apprenticeship may not be continued unless the apprentice again completes an approved certification class described in s. 445.095 (1) (a). If the apprentice again completes such a certification class, an additional 4-year period, subject to extension, shall begin as provided in this subsection. An apprenticeship not continued as provided in this subsection shall terminate. The provisions of this subsection shall be suspended while a registered apprentice is an active member of the military of the United States.

445.10(2) (2) In all applications of apprentices for licenses as funeral directors under this chapter, the eligibility of the applicant to take the examination shall be determined by the records filed with the examining board.

445.10(6) (6) The examining board may limit, suspend or revoke a certificate of apprenticeship, or reprimand an apprentice, for violation of any provision of this chapter.