Chapter FD 1

FD 1.076(4) (4) The provisions of this section shall be suspended while a registered apprentice is an active member of the military of the United States.

FD 1.076 History History: EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (2) made under s. 35.17, Stats., Register June 2019 No. 762.

FD 1.077 FD 1.077 Licensure eligibility. In addition to the requirements under this chapter and s. 445.095, Stats., eligibility for a funeral director license shall require an apprentice to present affidavits from the licensed funeral directors under whom the apprentice has worked to verify that during the apprenticeship the apprentice completed all of the following:

FD 1.077(1) (1) Assisted in embalming for burial or shipment at least 25 dead human bodies.

FD 1.077(2) (2) Assisted in preparing 25 dead human bodies for burial or transportation, other than by embalming.

FD 1.077(3) (3) Assisted in at least 25 funeral services during the apprenticeship.

FD 1.077 History History: EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (intro.) made under s. 35.17, Stats., Register June 2021 No. 786.

FD 1.08 FD 1.08 Permits.

FD 1.08(1) (1) Before opening for business, and every 2 years thereafter, a funeral establishment operator shall obtain a permit from the board through application upon a form furnished by the board. An original permit may not be granted to an operator of a funeral establishment without an inspection. No permit may be granted to a funeral establishment which does not meet requirements in s. 445.01, Stats.

FD 1.08(2) (2) Prior to granting a permit to a licensed funeral establishment following a change in ownership, the board shall review the application to determine if an inspection is necessary.

FD 1.08(3) (3) A funeral establishment permit is not transferable from one premises to another or from one operator to another.

FD 1.08 Note Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call [phone].

FD 1.08 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; am. (1), renum. (2) to be (3) and am., cr. (2), Register, May, 1983, No. 329, eff. 6-1-83; cr. (4), Register, July, 1986, No. 367, eff. 8-1-86; renum. from FDE 2.10 and r. (4), Register, July, 1988, No. 391, eff. 8-1-88.

FD 1.09 FD 1.09 Preparation rooms.

FD 1.09(1) (1) Every installation used for embalming operations must contain a floor area of not less than 100 square feet per embalming table and must be used solely for this purpose. It must be isolated by walls or adequate partitions. The walls and furniture must be constructed of material that is easily washed and disinfected. The installation must be equipped with hot and cold running water supply under pressure and in a quantity sufficient for the operations performed therein as well as for cleaning the room. Waste water must flow into the main sewer if available or into an adequate septic tank. Hand washing facilities should be easily accessible.

FD 1.09(2) (2) All preparation rooms in funeral establishments must be equipped with adequate sanitary facilities so that no health hazards are produced as a result of embalming operations performed therein.

FD 1.09(3) (3) All preparation rooms shall be equipped with a ventilating system capable of expelling gases or fumes to the outside at a point so as not to create a nuisance, and shall also be equipped with a hard surface, metal or porcelain top embalming table, a set of essential embalming instruments and a supply of disinfectants.

FD 1.09 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88.

FD 1.10 FD 1.10 License renewal and reinstatement procedures.

FD 1.10(1) (1) Renewal within 5 years. A credential holder shall renew the license by paying the renewal fee specified in s. 440.08 (2), Stats., and attesting to completion of the continuing education required under s. FD 4.03. If the credential is not renewed before its expiration date, the credential holder shall pay a late renewal fee.

FD 1.10(2) (2) Renewal after 5 years. A credential holder who has failed to renew a license within 5 years after the renewal date holds an expired license and may not reapply for the license using the initial application process. This subsection does not apply to license holders who have unmet disciplinary requirements or whose credentials have been surrendered or revoked. An applicant who holds an expired funeral director’s license shall submit all of the following:

FD 1.10(2)(a) (a) A completed application.

FD 1.10(2)(b) (b) The renewal and late fees specified in s. 440.08 (2) and (3) (a), Stats.

FD 1.10(2)(c) (c) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.

FD 1.10(2)(d) (d) Evidence of one of the following:

FD 1.10(2)(d)1. 1. Current licensure as a funeral director if the applicant holds an active license in good standing as a funeral director in another state.

FD 1.10(2)(d)2. 2. If the applicant’s funeral director’s license has expired for more than 5 but less than 10 years and the applicant does not hold an active license in good standing as a funeral director in another state, attestation to the completion of 30 hours of continuing education approved by the board. The continuing education courses shall have been completed within the 4 years prior to application for licensure under this subsection and shall include a minimum of 10 hours of in-person instruction.

FD 1.10(2)(d)3. 3. If the applicant’s funeral director’s license has expired for 10 years or more and the applicant does not hold an active license in good standing as a funeral director in another state, the applicant shall provide evidence of passage of the National Board Examination of the International Conference of Funeral Service Examining Boards within 12 months prior to application for a license under this subsection and attestation to the completion of 30 hours of continuing education approved by the board. The continuing education courses shall have been completed within the 4 years prior to application for licensure under this subsection and shall include a minimum of 10 hours of in-person instruction.

FD 1.10(3) (3) Reinstatement. A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years or whose credential has been surrendered or revoked may apply to have the license reinstated in accordance with all of the following:

FD 1.10(3)(a) (a) Evidence of completion of the requirements in sub. (2) if the credential has not been active within the last 5 years.

FD 1.10(3)(b) (b) Evidence of completion of disciplinary requirements, if applicable.

FD 1.10(3)(c) (c) Evidence of rehabilitation or change in circumstances, warranting reinstatement of the credential.

FD 1.10 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; r. and recr. (1) and (2), am. (3), Register, November, 1998, No. 515, eff. 12-1-98; CR 16-011: r. and recr. Register September 2016 No. 729, eff. 10-1-16.

FD 1.11 FD 1.11 Renewal of Wisconsin licenses of out-of-state funeral directors.

FD 1.11(1) (1) Intent. The intent of the board in adopting this section is to clarify the board’s interpretation of s. 445.06, Stats., that a licensee seeking renewal of a funeral director’s license who is doing business at a legally operating funeral establishment in a jurisdiction outside the state of Wisconsin and who meets all other requirements for license may obtain a funeral director’s license.

FD 1.11(2) (2) Recognized funeral establishment. For purposes of renewal of licenses under s. 445.06, Stats., “recognized funeral establishment” means any building or part of a building used and held out to the public as being used in the care and preparation for burial and transportation of dead human bodies or for holding or conducting of funeral services.

FD 1.11 History History: Renum. from FD 2.12 and am. (2), Register, November, 1998, No. 515, eff. 12-1-98.

FD 1.12 FD 1.12 General reciprocity. A person licensed as a funeral director in another state may obtain a license under this chapter if the applicant holds a valid funeral director’s license in good standing from another state having requirements determined by the board to be substantially equivalent to the requirements prescribed in s. 445.045, Stats., and this chapter. An applicant for a license under this chapter shall submit all of the following:

FD 1.12(1) (1) A completed application for licensure.

FD 1.12(2) (2) The fee specified under s. 440.05 (2), Stats.

FD 1.12(3) (3) If the applicant has an arrest or conviction record, documentation necessary for the board to determine whether the circumstances substantially relate to the practice of funeral director, subject to ss. 111.321, 111.322, and 111.335, Stats.

FD 1.12(4) (4) Verification of a valid license in good standing from any state of licensure.

FD 1.12(5) (5) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.

FD 1.12 Note Note: Applicants must complete the “Application for Funeral Director Credential” to apply for a license and the “Application for Examination” to take the Wisconsin jurisprudence examination for funeral directors. Application forms are available at http://dsps.wi.gov/Licenses-Permits/FuneralDirector/FDIRforms.

FD 1.12 History History: CR 16-010: cr. Register September 2016 No. 729, eff. 10-1-16; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 20-044: am. (title) Register July 2021 No. 787, eff. 8-1-21.

FD 1.13 FD 1.13 Reciprocity for service members, former service members, and spouses of service members or former service members.

FD 1.13(1) (1) As used in this section:

FD 1.13(1)(a) (a) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats.

FD 1.13(1)(b) (b) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats.

FD 1.13(1)(c) (c) “Spouse” has the meaning provided in s. 440.09 (1) (c), Stats.

FD 1.13(2) (2) A funeral director’s license shall be granted to a service member, former service member, or spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

FD 1.13 History History: CR 20-044: cr. Register July 2021 No. 787, eff. 8-1-21; correction in (title), (2) made under s. 35.17, Stats., Register July 2021 No. 787.