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 19-163)
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ORDER
An order of the Funeral Directors Examining Board to repeal FD 1.015 (title) and (intro.), 1.056 (1) (i), 2.02 (title) and (intro.), and 2.03 (1); to renumber FD 1.015 (2) and (3), to renumber and amend FD 2.02 (1) and (2); to amend FD 1.055 and 2.03 (2); to repeal and recreate FD 1.075 (1) and (2); and to create FD 2.03 (1g) and (1r) relating to licensure and standards of practice for funeral directors and funeral director apprentices.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 445.095, Stats. Explanation of agency authority:
Section 15.08 (5) (b), Stats., states that, “[e]ach 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 227.11 (2) (a), Stats., provides that, “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..” Related statute or rule:
Section 445.01, Stats., defines funeral directors and funeral director apprentices. Plain language analysis:
This rule project renumbers several definitions to place them within s. FD 1.013, making clear that the definitions apply throughout chs. FD 1 to 4 and 6. Section FD 1.055 is also revised to clarify that the 16-hour certification course for apprentices must be completed in-person. The rule project revises s. FD 1.075 to clarify that apprentices may only embalm a dead human body, conduct funeral services, and make funeral arrangements while under the personal supervision of a licensed funeral director, and may only make removals of dead human bodies and other preparations of a dead human body for burial, not including embalming, while under the supervision of a licensed funeral director. Section FD 2.03 is revised to reflect that making funeral arrangements, embalming, and conducting funeral services may only be performed by a licensed funeral director or an apprentice under the personal supervision of a licensed funeral director. Additionally, s. FD 2.03 is amended to provide that only a licensed funeral director, or an apprentice under the supervision of a licensed funeral director, may make removals of dead human bodies or make other preparations of a dead human body for burial, not including embalming. Summary of, and comparison with, existing or proposed federal regulation:
The federal government does not regulate the tasks that can be performed by funeral director apprentices or the level of supervision that a licensed funeral director must exercise over apprentices.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
Mr. Dan Christianson gave public testimony on the scope statement at the Funeral Director Examining Board’s August 27, 2019 meeting. Mr. Christianson expressed his opposition to the board’s requirement that applicants for reinstatement with a license that has been expired for 10 years or more must provide evidence of passage of the National Board Examination of the International Conference of Funeral Service Examining Boards within the last 12 months.
The board considered Mr. Christianson’s testimony, but did not choose to pursue the changes sought. Requiring passage of the national board is an objective measure to ensure that an individual who has not practiced in over 10 years is competent to serve as a funeral director.
Comparison with rules in adjacent states:
Illinois: Illinois code requires funeral director interns to participate in funeral arrangements, preparation and embalming of dead human bodies, and removals of dead human bodies. A licensed funeral director must direct and supervise the intern when performing these procedures. (IL Admin Code s. 1250.130 (a) and (b)). Illinois requires a representative of the funeral establishment be present for final disposition in a cemetery, but the representative need not be a licensed funeral director or intern. (IL Admin Code s. 1250.180).
Iowa: Iowa code requires a funeral director’s license to make removals of dead human bodies, embalming, conducting funeral arrangements and funeral services including supervision of visitation and viewing, funeral and memorial ceremonies, and committal and final disposition services. (IAC 645-110.2 (1)).
A registered intern may provide these same services under the direct supervision of a licensee. (IAC 645-110.2 (2)). The actual transportation of an un-embalmed dead human body can be delegated to unlicensed staff if the funeral director has ensured the body is in a leakproof container and all body orifices are secured so as to retain all secretions. (IAC 645-110.4(3)).
Michigan: Resident trainees may learn the practice of embalming or funeral directing under the instruction and personal supervision of a holder of a licensee. Instruction and personal supervision are not defined by statute or rule. (MCL 339.1801 (f)).
Minnesota: A license is required to remove dead human bodies from the place of death for compensation, prepare a dead human body for burial, make funeral arrangements, or supervise a funeral, memorial service, or graveside service. (Minn. Stats. 149A.20 (1)).
