STATE OF WISCONSIN
Funeral Directors Examining Board
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
FUNERAL DIRECTORS EXAMINING BOARD
PROPOSED ORDER OF THE
FUNERAL DIRECTORS EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULES)
PROPOSED ORDER
A
n
order of the
Funeral
Directors
Examining Board
to
repeal FD 5 and to create FD 1.12, relating to reciprocity requirements for funeral directors
.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Explanation of agency authority:
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.
445.03 (2)
(a)
, Stats. -
The examining board may 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
s
or rule
s
:
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
c
hs
.
FD 1
to
6
. Chapter
440
,
Stats.,
and
chs
.
SPS 1
to
9
outline the Department of Safety and Professional Services’
administrative procedures
for issuing licenses
, including
procedures for dis
ci
plinary actions against licensees
.
Plain language analysis:
Section 1 streamlines
and clarifies
licensing
requirement
s for applicants who currently hold an active
funeral director’s
license in good standing in another jurisdiction. The revision aligns the requirements with statutory requirements found in s.
445.08
,
Stats.,
“Reciprocity in issuance of licenses.” The revision
consolidat
es
reciprocity requirements
with other licensing information found in
FD 1
, improving ease of access to licensing information
.
Section 2 repeals FD 5, since the rule revision transfers all reciprocity requirements to FD 1.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations do not govern
reciprocity requirements
for funeral directors.
Comparison with rules in adjacent states:
Illinois:
Applicants who are licensed as a funeral director and embalmer in another jurisdiction and who wish to apply for
an
Illinois
license
must submit
official transcripts demonstrating that they meet Illinois’ educational requirements
for funeral directors
, an
affidavit
stating that the applicant has been actively engaged in practice
as a
funeral director for at least 1 year
,
certification by the state or territ
or
y of original and current licensure stating the time which the applicant was licensed in that jurisdiction
,
any record of disciplinary actions taken or pending
,
a brief description of examination
s completed and
the applicant’s grades
,
and a statement that
the state of licensure grants
reciprocity to funeral directors and embalmers licensed in Illinois.
The Division ex
a
mines each reciprocity application to determine whether the license held by the applicant is from a jurisdiction substantially equivalent to Illinois’ requirements.
Iowa:
Applicants who have been licensed as a funeral director under the laws of another
jurisdiction
may apply for licensure by endorsement with the Iowa board office by submitting an application and licensure fee and providing evidence of
meeting
licensure requirements
similar to
those required in Iowa
. Applicants are required to
provid
e
official academic transcripts showing training in mortuary science, completion of general education requirements, and evidence of completion of at least one semester hour or equivalent in current Iowa law and rules covering mortuary science, cremation, vital statistics, cemeteries, and preneed.
The applicant must provide verification of licenses from every jurisdiction in which the applicant has been licensed.
Michigan:
Michigan issues a mortuary science license to individuals who hold a valid license in ano
t
her state if the state has substantially equ
ivalent
requirements to Michigan’s requirements. Applicants must file the following with the department: An application to practice in the state, a
certified statement from the examining board of the state in which the applicant holds a license that shows the basis on which the license was granted, and
a statement as to
wh
et
her that board has suspended
, revoked
, or
limited that license
.
Michigan also requires
proof that the applicant has passed the exam on Michigan’s law relating to the practice of mortuary science
.
Minnesota:
Minnesota may issue a license to practice mortuary science to a person who holds a current license or other credential from another jurisdiction if the commissioner determines the requirements for that license or other credential are substantia
lly similar to Minnesota’s mortuary science practice requirements. A person seeking a reciprocal licensing must pass the Minnesota state licensing examination and submit a completed application form, proof of age, an official transcript from each post high school educational institution attended, certification of passing scores on the National Board Examination and on the state licensing examination.
Summary of factual data and analytical methodologies:
The Funeral
Directors
Examining Board reviewed existing
regulations and updated provisions to ensure compliance
with statutes go
verning
reciprocity
.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The department
posted the rule for 14 days to solicit economic impact comments.
Fiscal Estimate and Economic Impact Analysis:
The
economic impact analysis is attached.
Effect on small business
:
These proposed rules
are
not
anticipated to
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Jeff.Weigand
@wisconsin.gov
, or by calling (608)
267-2435
.
Agency contact person
:
Sandra Cleveland
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
26
6
-
0797
; email at
Sand
y
.Cleveland
@wisconsin.gov
.
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TEXT OF RULE
Section
1
.
FD 1.12
is created to read:
FD
1
.
12
Reciprocity
.
A person licensed as a funeral director
in another state may
obtain
a license under this chapter if the ap
plicant
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:
(a)
A completed application.
(b)
The fee specified under s. 440.5 (2), Stats.
(c)
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.
(d)
Verification of license from
any
state of licensure
.
(e)
Evidence of passage of the Wisconsin
jurisprudence examination
for funeral directors
.
Section 2. FD 5
is repealed.
Section
3
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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