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 1.03 (2) and 1.035; to amend FD 1.03 (1) and 4.04 (8); and to repeal and recreate FD 1.02 and 1.10
,
relating to applications, exam
ination
s, renewal of funeral director licenses
,
and approved continuing education
.
Analysis prepared by the Department of
Safety and Professional Services
.
---------------------------------------------------------------------------------------------------------------------
ANALYSIS
Explanation of agency authority:
15.08 (5) (b)
, Stats.
–
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.
440.08 (3) (b)
, Stats.
-
The department or the interested examining board or affiliated
credentialing
board, as appropriate
,
may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under
chs
.
440
to
480
, that the department, examining board or affiliated credentialing board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in
order to obtain an initial credential from the department, the examining board or the affiliated credentialing board.
445.03 (2) (a)
, Stats.
-
The examining board may
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
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
, 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
, including
procedures for
displinary
actions against licensees
.
Plain language analysis:
Section 1 repeals the provision outlining examination application procedures and replaces it with licens
ing
application procedures and requirements.
Wisconsin law
prohibits credentialing boards from requiring a person to complete any postsecondary education before the person is eligible to take an examination for
a credential
.
This
revision allows
an applicant to complete the licensure requirement in any order allowing the applicant to take an examination prior to the completion of the education requirements
in compliance with s.
440.071
, Stats
.
Section 2 simplifies the provision authorizing the
board
to establish the passing grade for licensure examinations.
Sections 3 and 4 repeal unnecessary and outdated provisions
related to examination procedures
.
Section 5 repeals
s.
FD 1.10
and recreates
the section
updating and clarifying
renewal
and reinstat
ement procedures
to do the following:
•
The
rule continues to require a completed application and evidence that the licensee has completed the continuing education requirements specifi
ed in s.
FD 4.03
.
•
The
revision clarifies that if a person fails to renew a credential before an expiration date, the credential holder shall complete the renewal process and pa
y a late fee.
•
The
rule outlines a reapplication process for credential holders who have failed to renew a Wisconsin funeral director license for 5 or more years
. All applicants
under this subsection
are required
to submit an application, pay renewal and late fees, and pass the Wisconsin
jurisprudence
examination
for funeral directors.
A
pplicants who hold an active funeral director license in good standing in another state
are required
to submit evidence of
current
licensure.
A
pplicants whose license
has
expired
for
more than 5 but less than 10 years
and who do not hold an active license from another state
are required
to attest to completion of 30 hours of continuing education approved by the board.
The continuing education must
have
be
en
completed within
4
years of application and must include a minimum of 10 hours of in-person instruction.
Finally, applicants whose funeral directors licenses have expired 10 years or more
and who do not hold an active license in another state
are required
to complete the National Board Examination within the
12 months prior to application
, along with
30 hours of continuing education courses. Continuing education courses must
have been completed within 4 years of application and
include a minimum of 1
0 hours of in-person instruction
.
•
The
rule outlines procedures for reinstating a license for a license holder who has unmet disciplinary
requirments
or whose credential has been surrendered or revoked.
•
T
his
revision repeals FD 1.10 (4)
related to exemptions to renewal time limits for a license holders who is an active member of the U.S. armed forces.
The provision was in conflict with s.
321.60 (1
)(
a)
(18)
, Stats.,
which
governs
e
xtension of licenses for service m
embers
.
Section 6 is amended to a
ccept courses approved by the Academy of Professional Funeral Service Practice (APFSP) to meet co
ntinuing education requirements without requiring approval by the
Funeral
Directors
Examining B
oard
for these courses
, streamlining the process for receiving continuing education credits from this organization.
Summary of, and comparison with, existing or proposed federal regulation:
Licensing requirements for funeral directors are established
by
state
law.
Federal regulations do not govern applications, renewal, or reinstatement procedures for funeral directors.
Comparison with rules in adjacent states:
Illinois:
Illinois requires applicants for a funeral director license to submit an application form and fee, provide proof that the applicant has met educational requirements established for funeral directors,
a certificate of health,
proof that the applicant has passed the National Board Examination of the
International Conference of Funeral Service Examining Boards, Inc.,
and proof of successful completion of an internship.
Applicants are required to complete at least 30 semester (45 quarter) hours of college credit and graduation from an approved mortuary science program of at least 12 months.
Illinois allow licensees with licenses that have expired for less than five years to renew their license by submitting an application form, paying renewal and late fees, and providing proof of completion of CE requirements.
L
icenses that have expired for more than five years may be reinstated by paying renewal and restoration fees, providing proof of completion of
continuing education
hours for one
prerenewal
period, and one of the following: 1) sworn evidence of practice in another jurisdiction, 2) affidavit attesting to military service, or 3) evidence of other education or experience within the 5 years preceding restoration demonstrating the licensee’s
fitness and competence in funeral directing and embalming. This competence may be demonstrated through proof of successful completion of the National Board Examination or proof of 6 credit hours of mortuary science coursework in addition to the
continuing education
requirements.
Iowa:
Iowa requires applicants for a funeral director license to submit an application form and fee, provide proof that the applicant has met educational requirements, proof that the applicant has passed the
National Board Examination of the International Conference of Funeral Service Examining Boards, Inc.
, and proof of successful completion of an internship.
Iowa requires completion of 60 semester hours of college credit and graduation from a mortuary science program approved by the American Board of Funeral Service Education.
Iowa licenses that have expired
within
5 years
of the expiration date may be
renew
ed
by submitting an application form, paying renewal and late fees, and providing proof of completion of
continuing education
requirements.
A license that has been inactive for more than five years in Iowa may be reinstated after the licensee provides documentation of any license held in other jurisdictions in which the applicant has practiced while the Iowa license was inactive and verifies that he or she has completed 48 hours of
continuing education
courses, including verification of completion of a college course of one semester hour in Iowa mortuary science laws and rules.
Michigan:
Michigan
require
s
applicants
for a funeral director license
to submit an application form and fee,
proof that the applicant has passed
the
mortuary science exam,
and
proof of
successful completion of an internship.
Applicants must also provide proof that they have met educational requirements, which includes 60 semester hours or 90 quarter hours of non-remedial courses at an accredited college and one academic year of instruction from a mortuary science program. Michigan contracts with PSI Services,
LLC.,
to conduct the mortuary science examination.
Mortuary science licenses expire October 31
st
of every odd-numbered year. Any applicant who fails to renew their license within 60 day late renewal period must apply for
relicensure
.
Michigan allows a license to be renewed within 3 years of the expiration date by submitting an application form, paying renewal and late fees and providing proof of completion of
continuing education
requirements.
A
person who seeks
relicensure
more than 3 years from his or her license expiration must meet current educational requirements for a new license and pass the current written examination on Michigan’s law and rules related to funeral directors.
Minnesota:
Minnesota require
s
applicants for a funeral director license to submit an application form and fee, proof that the applicant has passed
the
N
ational
Board
E
xam
of the International Conference of Funeral Examining Boards and a state exam encompassing the laws and rules of Minnesota. The applicant must also provide
proof of successful completion of an internship.
Minnesota requires
applicant
s to hold a
bachelor of science
degree with a major in mortuary science, a bachelor of scien
ce
or arts degree with a separate course of study in mortuary science, or completed the equivalent
educational requirements.
Licenses expire on December 31 of the calendar year in which the license was issued. Renewal applications received
up to 31 days
after
the
December 31
deadline
must
include a late filing
penalty fee.
A license lapses when a renewal application and renewal fee
s
are not recei
v
ed within 31 calendar days
after the expiration date
.
The
commission
er
issues a cease and desist order to prevent
an
individual with a lapsed license from practicing
mortuary science
. Minnesota allows a licensee to restore a lapsed license within one year after the license expir
ation date
by submitting an application
and
paying a
renewal
and
late
fee, provided that the person has not violated the cease and desist order.
L
icensees with
l
icenses
that
h
ave lapsed for more than a year
must
meet all requirements of an initial license
to be relicensed
.
Summary of factual data and analytical methodologies:
The Funeral
Directors
Examining Board reviewed existing
regulations and updated provisions to ensure compliance with
2013 Wisconsin Act 114
, which prohibits the department or credentialing boards from requiring applicants to complete any postsecondary education or other program before taking an examination for a credential before issuing the credential.
The Board also proposed changes
consistent with current industry practices
to modernize application, licensing renewal, and
acceptance
of
c
ontinuing
education
courses
approved by the Academy of Professional Funeral Service Practice (APFSP)
.
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 comments regarding the potential economic impact of the rule.
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 1.02 is
repealed and recreated
to read:
FD
1.02
Applications
.
An applicant for a funeral director’s license shall submit all of the following:
(1)
A
completed
application
.
(
3
)
Evidence of completion of 2 academic years of instruction in a recognized college or university meeting the requirements of s.
FD 1.04
.
(4
)
Evidence of completion of 9 months or more instruction in a prescribed course in mortuary science meeting the requirements of s.
FD 1.05
after having completed 1 year of college work or equivalent education.
(5
)
Evidence of completion of 1 year of apprenticeship under s.
445.095
, Stats.
(
6
)
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.
(7
)
Evidence of passage of the
National Board Examination
of the International Conference of Funeral Service Examining Boards
.
(8
)
Evidence of passage of the
Wisconsin
jurisprudence examination for funeral directors.
Section
2
.
FD 1.03(1) is amended to read:
(1)
To pass the
initial
The
passing grade on each
licensure examination
each applicant
shall
receive a grade
be
determined by the board to represent minimum competence to practice.
The board shall determine the passing grade after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing grade for the examination at that point which represents minimum acceptable competence in the profession.
The board may adopt the recommended passing score of the examination provider.
Section
3
.
FD 1.03(2) is repealed.
Section
4
.
FD 1.035 is repealed.
Section
5
.
FD 1.10 is repealed and recreated to read:
FD 1.10
License renewal and reinstatement procedures
.
(1)
Renewal within 5 years
. A
credential
holder shall renew the
license
by paying the renewal fee
specified in s
.
440.0
8 (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
.
(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 ha
ve been surrendered or revoked. An applicant who holds an expired funeral director’s license shall submit all of the following:
(a)
A completed application
.
(c)
Evidence of passage of the Wisconsin
jurisprudence examination for funeral directors
.
(d)
Evidence of
one of the following:
1.
C
urrent licensure as a funeral director i
f the
applicant
holds an active license in good standing as a funeral director in another state.
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
, a
ttestation 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 1
0 hours
of
in-person instruction.
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 e
vidence 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.
(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:
(a) Evidence of completion of the requirements in sub. (2)
if
the credential has not been active within the last 5 years.
(b) Evidence of completion of disciplinary requirements, if applicable.
(c) Evidence of rehabilitation or change in
circumstances
,warranting
reinstatement of the credential.
Section
6. FD 4.04
(8) is amended to read:
FD 4.04
(8)
A continuing education course sponsored by a national, international or state funeral
director’s
association, or an educational institution accredited by the American Board of Funeral Service Education
or approved by the Academy of Professional Funeral Service Practice (APFSP)
or otherwise deemed to be equivalent by the board, which satisfies the criteria established in sub. (1)(a)
to
(d) and s.
FD 4.045
, shall be approved by the board without receipt of a course approval application from the program provider.
Section
7
.
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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