CR 18-075 Rule Text

STATE OF WISCONSIN

FUNERAL DIRECTORS EXAMINING BOARD

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   FUNERAL DIRECTORS

FUNERAL DIRECTORS     :   EXAMINING BOARD

EXAMINING BOARD : ADOPTING RULES

            :   (CLEARINGHOUSE RULE 18-075)

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ORDER

An 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.), 1.055, 1.056, 1.075 (3), 1.075 (4), 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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ANALYSIS

Statutes interpreted: Sections 445.095 and 445.10, Stats.

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

Explanation of board authority:

Section 15.08 (5) (b), Stats., states that 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 in addition to completing the required nine months of instruction in mortuary

science. The rule provides the required instructional content for the class 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.