STATE OF WISCONSIN
Funeral Directors Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
FUNERAL DIRECTORS EXAMINING BOARD
ORDER OF THE FUNERAL DIRECTORS EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 17-049)
ORDER
An order of the Wisconsin Funeral Directors Examining Board to repeal FD 1.07; to renumber FD 2.06, and FD 2.07 (1) and (2); to amend FD 1.04; to repeal and recreate FD 1.06; and to create FD 1.065, FD 1.066, FD 1.067, FD 1.068, and FD 1.076, relating to academic instruction requirements for funeral directors, apprentices, and reporting and renewal requirements for apprentices.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of board authority:
Section 15.08 (5) (b), Stats. – Each 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 445.03 (2) (a), Stats., allows examining boards to 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. Related statute or rule:
Wisconsin funeral director licensing requirements are found in ch. 445, Stats., “Funeral Directors”, and administrative rules promulgated by the Funeral Directors Examining Board found in chs. FD 1 to 6. Chapter 440, Department of Safety and Professional Services, and chs. SPS 1 to 9 outline the Department of Safety and Professional Services’ administrative procedures for issuing licenses. Plain language analysis:
This rule changes academic instruction requirements for funeral directors and apprentices and provides administrative guidance for the apprenticeship process.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations do not govern licensing requirements for funeral directors.
Comparison with rules in adjacent states:
Illinois: Illinois requires 30 semester hours of college credit plus Mortuary College or associate or bachelor's degree in mortuary science. Illinois has a funeral director internship which is considered a one-year apprenticeship. Interns must complete at least 24 funerals, and at least 24 preparations and embalmings. The intern must submit a report for each of the 24 funerals and each 24 body preparations. Reports are filed every three months.
Iowa: Iowa requires a student to have a minimum of 60 semester hours as indicated on the transcript from a regionally accredited college or university with a minimum of 2.0 or "C" grade point and a course in mortuary science from a school accredited by the American Board of funeral Service Education. The 60 semester hours does not include any technical or vocational mortuary science courses. Iowa has a one-year funeral director internship program. Interns must perform 25 embalmings and assist in 25 funerals. Interns must report to the state at 6 months and again at 12 months.
Michigan: Applicants in Michigan for mortuary science licenses are required to have completed not less than 60 semester hours or 90 quarter hours. Michigan’s program allows for a resident trainee. A resident trainee must complete a list of requirements which includes 25 embalmings. A residency is for one year and can be renewed up to two times. Reporting is required on a six-month interval.
Minnesota: Minnesota requires a Bachelor of Science degree with a major in mortuary science received from an accredited school. Minnesota has an internship program. The internship can last between one and three years. A total of 25 embalmings and 25 funerals must be completed which is documented upon completion.
Summary of factual data and analytical methodologies:
The continuing education requirements for funeral directors has not been updated since 1988. The current rules contain out-of-date provisions which are creating hardships for applicants and are not reflective of the current status of the profession. Similarly, funeral director apprenticeship rules have not been reviewed or updated in 15 years. The Board would like to ensure that the provisions are in compliance with statutes and reflect the requirements of the profession in order to help facilitate the entrance of new funeral directors into the profession.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
