Wis. Admin. Code FD — Funeral Directors Examining Board

Chapter FD 1 LICENSES AND PERMITS

Wis. Admin. Code § FD 1.01 Authority and intent {#sec-fd-1.01 omnilex-key=us-wi-regs-official--agency-fd--FD 1.01}

This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 (2) (a), 440.08 (3) (b), and 445.03 (2) (a), Stats., to clarify and establish licensure criteria for funeral directors, funeral director apprentices, and funeral establishments.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88; CR 16-011: am. Register September 2016 No. 729, eff. 10-1-16; EmR 1823: emerg. am. eff. 11-27-18; CR 18-075: am. Register June 2019 No. 762, eff. 7-1-19.

Wis. Admin. Code § FD 1.013 Definitions; generally {#sec-fd-1.013 omnilex-key=us-wi-regs-official--agency-fd--FD 1.013}

As used in chs. FD 1 to 4 and FD 6:

(1c) “Apprentice” has the meaning given in s. 445.01 (2), Stats.

(1g) “Board” means the funeral directors examining board.

(1m) “Funeral arrangements” means the provision of information or advice, at the time of need, on selection and cost of merchandise, facilities, equipment or personal services provided for final disposition of a dead human body in the course of formulating a contractual agreement between a funeral director or funeral home and client.

(2) “Funeral director” has the meanin given in s. 445.01 (5), Stats.

(2m) “Funeral establishment” means an establishment as defined in s. 445.01 (6), Stats.

(3) “Funeral services” means the ceremonies held in conjunction with the disposition of a dead human body where the body is present, including visitations, religious rites, and graveside services.

(4) “Personal supervision” means immediate availability to continually coordinate, direct and inspect at first hand the practice of another.

(5) “Supervision” means regularly to coordinate, direct and inspect the practice of another.

History

• EmR 1823: emerg. cr. title, (intro.), renum. FD 4.02 (1), (3) to 1.013 (1), (2) eff. 11-27-18; CR 18-075: cr. (title), (intro.), (1), (2) renum. from FD 4.02 (1), (3) Register June 2019 No. 762, eff. 7-1-19; correction in (title) made under s. 13.92 (4) (b) 7., Stats., Register June 2019 No. 762; CR 19-163: renum. FD 1.015 (2), (3) to (4), (5), renum. FD 2.02 (1), (2) to (1m), (3) and am. Register September 2020 No. 777, eff. 10-1-20; CR 22-088: renum. (1) to (1g), cr. (1c), (2m) Register December 2023 No. 816, eff. 1-1-24; correction in (1c), (2m) made under s. 35.17, Stats., Register December 2023 No. 816.

Wis. Admin. Code § FD 1.02 Applications {#sec-fd-1.02 omnilex-key=us-wi-regs-official--agency-fd--FD 1.02}

An applicant for a funeral director’s license shall submit all of the following:

(1) A completed application.

(2) Required fee under s. 440.03 (9) (a), Stats.

(3) Evidence of completion of at least 24 semester credits 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.

(5) Evidence of completion of 1 year of apprenticeship under s. 445.095, Stats., and s. FD 1.077.

(6) If the applicant has a pending criminal charge or conviction record, all 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.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.01, Register, July, 1988, No. 391, eff. 8-1-88; am., Register, November, 1998, No. 515, eff. 12-1-98; CR 16-011: r. and recr. Register September 2016 No. 729, eff. 10-1-16; EmR 1823: emerg. am. (4), (5) eff. 11-27-18; CR 18-075: am. (4), (5) Register June 2019 No. 762, eff. 7-1-19; CR 20-045: am. (3), (4) Register June 2021 No. 786, eff. 7-1-21; CR 20-44: am. (6) Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § FD 1.03 Examination grade {#sec-fd-1.03 omnilex-key=us-wi-regs-official--agency-fd--FD 1.03}

The passing grade on each licensure examination shall be determined by the board to represent minimum competence to practice. The board may adopt the recommended passing score of the examination provider.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88; r. and recr., Register, November, 1998, No. 515, eff. 12-1-98; CR 16-011: am. (1), r. (2) Register September 2016 No. 729, eff. 10-1-16; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register September 2016 No. 729.

Wis. Admin. Code § FD 1.04 College instruction {#sec-fd-1.04 omnilex-key=us-wi-regs-official--agency-fd--FD 1.04}

To meet the requirement of 24 semester credits of instruction specified in s. 445.045 (1) (d), Stats., an applicant shall submit to the board an official transcript of courses from a regionally accredited college showing that the applicant has completed at least 24 semester credit hours in the following areas:

(1) English or Communication Skills.

(3) Social Sciences.

(4) Natural Sciences.

(5) Business Studies.

(6) Electives.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; r. and recr. (4), r. (5) and renum. (6) to be (5), Register, June, 1979, No. 282, eff. 7-1-79; am. Register, January, 1980, No. 289, eff. 2-1-80; renum. from FDE 2.03 and am., Register, July, 1988, No. 391, eff. 8-1-88; CR 17-049: am. Register July 2018 No. 751, eff. 8-1-18; CR 20-045: am. (title), (intro.), (1), r. (2) Register June 2021 No. 786, eff. 7-1-21.

Wis. Admin. Code § FD 1.05 Mortuary school {#sec-fd-1.05 omnilex-key=us-wi-regs-official--agency-fd--FD 1.05}

The candidate shall have satisfactorily completed 9 months or more instruction in a prescribed course in mortuary science, either before or after completing the 1 year apprenticeship required under s. 445.095, Stats., offered by an educational institution accredited by the American board of funeral service education or otherwise deemed to be equivalent by the funeral directors examining board.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.04 and am., Register, July, 1988, No. 391, eff. 8-1-88; correction made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1989, No. 408; EmR 1823: emerg. am. eff. 11-27-18; CR 18-075: am. Register June 2019 No. 762, eff. 7-1-19; CR 20-045: am. Register June 2021 No. 786, eff. 7-1-21.

Wis. Admin. Code § FD 1.055 Certification class requirement {#sec-fd-1.055 omnilex-key=us-wi-regs-official--agency-fd--FD 1.055}

Prior to beginning the 1 year apprenticeship required under s. 445.095, Stats., the applicant shall provide evidence of completion of an in-person 16-hour certification class approved by the board, unless the applicant has already completed the course in mortuary science requirement in s. FD 1.05, in which case the certification course is not required.

History

• EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; CR 19-163: am. Register September 2020 No. 777, eff. 10-1-20; CR 20-026: am. Register May 2021 No. 785, eff. 6-1-21; CR 20-045: am. Register June 2021 No. 786, eff. 7-1-21.

Wis. Admin. Code § FD 1.056 Certification class content {#sec-fd-1.056 omnilex-key=us-wi-regs-official--agency-fd--FD 1.056}

(1) The 16-hour certification class shall contain the following instructional topics:

(a) Funeral director apprentice expectations.

(b) Funeral ethics and etiquette.

(c) Understanding funeral services, gatherings, and various types of dispositions.

(d) Laws, rules, and regulations of funeral service.

(e) Workplace safety and Occupational Safety and Health Administration requirements.

(f) Introduction to funeral service: notification of death, transfers, and arrangements.

(g) Embalming, dressing, and casketing.

(h) Grief and psychology of funeral services.

(2) Following the instructional presentation of the material under sub. (1), a written examination, approved by the board, shall be administered.

(3) The written examination shall cover each of the topics under sub. (1) and be included within the 16-hour class requirement.

(4) A passing score of 75 percent on the written examination shall be considered as having successfully completed the certification class.

History

• EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; corrections in (2), (3), (4) made under s. 13.92 (4) (b) 12., Stats., Register June 2019 No. 762; CR 19-163: r. (1) (i) Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § FD 1.065 Changes in apprenticeship assignment {#sec-fd-1.065 omnilex-key=us-wi-regs-official--agency-fd--FD 1.065}

(1) Whenever any licensed funeral director discharges an apprentice the funeral director shall within 5 days notify in writing the funeral directors examining board, giving the name and address of the apprentice, and the date of discharge.

(2) Whenever any apprentice leaves his or her apprenticeship at a funeral establishment, the funeral director and apprentice shall within 5 days notify in writing the funeral directors examining board, giving the name and address of the apprentice and date of the apprentice leaving the apprenticeship.

(3) When an apprentice leaves the employment of a licensed funeral director and enters the employment of another licensed funeral director during an apprenticeship, the apprentice and the supervising funeral director shall abide by the procedures outlined under s. 445.095 (3r), Stats.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; (1) renum. from FDE 2.13 and am., cr. (2), Register, July, 1988, No. 391, eff. 8-1-88; CR 17-049: renum. from FD 2.07 Register July 2018 No. 751, eff. 8-1-18; CR 22-088: cr. (3) Register December 2023 No. 816, eff. 1-1-24.

Wis. Admin. Code § FD 1.070 Semiannual apprentice reporting requirements {#sec-fd-1.070 omnilex-key=us-wi-regs-official--agency-fd--FD 1.070}

An apprentice shall provide semiannual reports to the examining board as required by s. 445.095 (3g), Stats. The semiannual reporting periods shall be January 1 to June 30 and July 1 to December 31. Reports shall be due 30 days following the last day of each reporting period.

Note: Apprentice semi-annual report form is available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.

History

• CR 22-088: cr. Register December 2023 No. 816, eff. 1-1-24; correction made under s. 35.17, Stats.

Wis. Admin. Code § FD 1.075 Supervision of apprentices {#sec-fd-1.075 omnilex-key=us-wi-regs-official--agency-fd--FD 1.075}

(1) Apprentices may engage in the following activities only when under the personal supervision of a licensed funeral director:

(a) Making funeral arrangements.

(b) Embalming a dead human body.

(c) Conducting funeral services.

(2) Apprentices may engage in the following activities only when under the supervision of a licensed funeral director:

(a) Making removals of dead human bodies.

(b) Other preparation of a dead human body for burial, not including embalming.

(c) Conducting services where a dead human body is not present.

(3) Under this section, when an apprentice is in the preparation room, the apprentice shall be within the line of sight of the supervising funeral director.

(4) The board may recognize the supervision of up to 2 apprentices at a funeral establishment that employs less than 3 full-time funeral directors.

(5) Except as provided in sub. (4), the board may recognize the supervision of additional apprenticeships at a funeral establishment provided the establishment employs at least one full-time funeral director per apprentice.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88; CR 17-049: renum. from FD 2.06 Register July 2018 No. 751, eff. 8-1-18; EmR 1823: emerg. cr. (3), (4), (5) eff. 11-27-18; CR 18-075: cr. (3), (4), (5) Register June 2019 No. 762, eff. 7-1-19; CR 19-163: r. and recr. (1), (2) Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § FD 1.076 Terms of apprenticeship {#sec-fd-1.076 omnilex-key=us-wi-regs-official--agency-fd--FD 1.076}

(1) An apprenticeship shall not exceed 4 years from the time of first registration unless a one-year extension is granted by the board. After 4 years from the time of first registration or, if an extension is granted, after the expiration of the extension, the apprenticeship may not be continued unless the apprentice again completes an approved certification class under s. FD 1.055.

(2) If, under this section, the apprentice retakes and successfully completes the board-approved certification class, an additional 4-year period, subject to a board extension, shall begin.

(3) If an apprentice does not continue under the requirements of this chapter, the apprenticeship shall terminate.

(4) The provisions of this section shall be suspended while a registered apprentice is an active member of the military of the United States.

History

• EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (2) made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § FD 1.077 Licensure eligibility {#sec-fd-1.077 omnilex-key=us-wi-regs-official--agency-fd--FD 1.077}

In addition to the requirements under this chapter and s. 445.095, Stats., eligibility for a funeral director license shall require an apprentice to present affidavits from the licensed funeral directors under whom the apprentice has worked to verify that during the apprenticeship the apprentice completed all of the following:

(1) Assisted in embalming for burial or shipment at least 25 dead human bodies.

(2) Assisted in preparing 25 dead human bodies for burial or transportation, other than by embalming.

(3) Assisted in at least 25 funeral services during the apprenticeship.

History

• EmR 1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (intro.) made under s. 35.17, Stats., Register June 2021 No. 786.

Wis. Admin. Code § FD 1.08 Permits {#sec-fd-1.08 omnilex-key=us-wi-regs-official--agency-fd--FD 1.08}

(1) Before opening for business, and every 2 years thereafter, a funeral establishment operator shall obtain a permit from the board through application upon a form furnished by the board. An original permit may not be granted to an operator of a funeral establishment without an inspection. No permit may be granted to a funeral establishment which does not meet requirements in s. 445.01, Stats.

(2) Prior to granting a permit to a licensed funeral establishment following a change in ownership, the board shall review the application to determine if an inspection is necessary.

(3) A funeral establishment permit is not transferable from one premises to another or from one operator to another.

Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; am. (1), renum. (2) to be (3) and am., cr. (2), Register, May, 1983, No. 329, eff. 6-1-83; cr. (4), Register, July, 1986, No. 367, eff. 8-1-86; renum. from FDE 2.10 and r. (4), Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 1.09 Preparation rooms {#sec-fd-1.09 omnilex-key=us-wi-regs-official--agency-fd--FD 1.09}

(1) Every installation used for embalming operations must contain a floor area of not less than 100 square feet per embalming table and must be used solely for this purpose. It must be isolated by walls or adequate partitions. The walls and furniture must be constructed of material that is easily washed and disinfected. The installation must be equipped with hot and cold running water supply under pressure and in a quantity sufficient for the operations performed therein as well as for cleaning the room. Waste water must flow into the main sewer if available or into an adequate septic tank. Hand washing facilities should be easily accessible.

(2) All preparation rooms in funeral establishments must be equipped with adequate sanitary facilities so that no health hazards are produced as a result of embalming operations performed therein.

(3) All preparation rooms shall be equipped with a ventilating system capable of expelling gases or fumes to the outside at a point so as not to create a nuisance, and shall also be equipped with a hard surface, metal or porcelain top embalming table, a set of essential embalming instruments and a supply of disinfectants.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 1.10 License renewal and reinstatement procedures {#sec-fd-1.10 omnilex-key=us-wi-regs-official--agency-fd--FD 1.10}

(1) Renewal within 5 years. A credential holder shall renew the license by paying the renewal fee specified in s. 440.08 (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 have been surrendered or revoked. An applicant who holds an expired funeral director’s license shall submit all of the following:

(a) A completed application.

(b) The renewal and late fees specified in s. 440.08 (2) and (3) (a), Stats.

(c) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.

(d) Evidence of one of the following:

1. Current licensure as a funeral director if 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, 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. 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 evidence 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.

History

• Cr. Register, September, 1993, No. 453, eff. 10-1-93; r. and recr. (1) and (2), am. (3), Register, November, 1998, No. 515, eff. 12-1-98; CR 16-011: r. and recr. Register September 2016 No. 729, eff. 10-1-16.

Wis. Admin. Code § FD 1.11 Renewal of Wisconsin licenses of out-of-state funeral directors {#sec-fd-1.11 omnilex-key=us-wi-regs-official--agency-fd--FD 1.11}

(1) Intent. The intent of the board in adopting this section is to clarify the board’s interpretation of s. 445.06, Stats., that a licensee seeking renewal of a funeral director’s license who is doing business at a legally operating funeral establishment in a jurisdiction outside the state of Wisconsin and who meets all other requirements for license may obtain a funeral director’s license.

(2) Recognized funeral establishment. For purposes of renewal of licenses under s. 445.06, Stats., “recognized funeral establishment” means any building or part of a building used and held out to the public as being used in the care and preparation for burial and transportation of dead human bodies or for holding or conducting of funeral services.

History

• Renum. from FD 2.12 and am. (2), Register, November, 1998, No. 515, eff. 12-1-98.

Wis. Admin. Code § FD 1.12 General reciprocity {#sec-fd-1.12 omnilex-key=us-wi-regs-official--agency-fd--FD 1.12}

A person licensed as a funeral director in another state may obtain a license under this chapter if the applicant 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:

(1) A completed application for licensure.

(2) The fee specified under s. 440.05 (2), Stats.

(3) 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.

(4) Verification of a valid license in good standing from any state of licensure.

(5) Evidence of passage of the Wisconsin jurisprudence examination for funeral directors.

Note: Applicants must complete the “Application for Funeral Director Credential” to apply for a license and the “Application for Examination” to take the Wisconsin jurisprudence examination for funeral directors. Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

• CR 16-010: cr. Register September 2016 No. 729, eff. 10-1-16; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 20-044: am. (title) Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § FD 1.13 Reciprocity for service members, former service members, and spouses of service members or former service members {#sec-fd-1.13 omnilex-key=us-wi-regs-official--agency-fd--FD 1.13}

(1) As used in this section:

(a) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats.

(b) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats.

(c) “Spouse” has the meaning provided in s. 440.09 (1) (c), Stats.

(2) A funeral director’s license shall be granted to a service member, former service member, or spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

• CR 20-044: cr. Register July 2021 No. 787, eff. 8-1-21; correction in (title), (2) made under s. 35.17, Stats., Register July 2021 No. 787.

Chapter FD 2 STANDARDS OF PRACTICE

Wis. Admin. Code § FD 2.01 Authority and intent {#sec-fd-2.01 omnilex-key=us-wi-regs-official--agency-fd--FD 2.01}

This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 and 445.03, Stats., and specifies the minimum standards of operation of funeral establishments and conduct of funeral directors under ch. 445, Stats.

Note: Funeral directors must comply with the standards adopted by the federal trade commission and set forth in 16 CRF 453.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 2.03 Operation of a funeral establishment {#sec-fd-2.03 omnilex-key=us-wi-regs-official--agency-fd--FD 2.03}

Even though persons other than licensed funeral directors may own a funeral establishment:

(1g) The following tasks may only be performed by licensed funeral directors or funeral director apprentices under the personal supervision of a licensed funeral director:

(a) Making funeral arrangements.

(b) Embalming a dead human body.

(c) Conducting funeral services.

(1r) The following tasks may only be performed by licensed funeral directors or funeral director apprentices under the supervision of a licensed funeral director:

(a) Making removals of dead human bodies.

(b) Other preparation of a dead human body for burial, not including embalming.

(2) Any other dealings on behalf of the establishment shall be performed only by or under the supervision of licensed funeral directors.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88; CR 19-163: r. (1), cr. (1g), (1r), am. (2) Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § FD 2.04 Discrimination {#sec-fd-2.04 omnilex-key=us-wi-regs-official--agency-fd--FD 2.04}

No funeral director licensed in Wisconsin, or apprentice funeral director holding a certificate of apprenticeship in this state, or person holding a funeral establishment permit herein, shall deny services or the use of an establishment to any person because of race, color, creed, national origin or ancestry, HIV infection, or sexual orientation; provided, however, that this section shall not apply where a funeral establishment is, for religious reasons, so operated that its services are provided to members of only one religious faith.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.06 and am., Register, July, 1988, No. 391, eff. 8-1-88; am. Register, June, 1996, No. 486, eff. 7-1-96.

Wis. Admin. Code § FD 2.05 Business telephone listings and advertising {#sec-fd-2.05 omnilex-key=us-wi-regs-official--agency-fd--FD 2.05}

(1) Each funeral establishment shall insure that only true funeral establishment names and addresses as registered with the funeral directors examining board shall appear in telephone listings or other publications and in advertising by any media whatsoever. A funeral establishment may list under a previous establishment name in a telephone or business directory, provided that the listing contains a reference to the establishment name currently registered with the board.

(3) If the names or pictures of unlicensed persons are used in any form of advertising for a funeral establishment, the advertisement must distinguish between the Wisconsin licensed funeral director and the non-licensed personnel.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.16 and am., Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 2.08 Business practices {#sec-fd-2.08 omnilex-key=us-wi-regs-official--agency-fd--FD 2.08}

(1) Each funeral establishment shall offer a broad range of personal services, caskets, merchandise and prices consistent with the needs and desires of the families in the community. Records documenting these needs and desires shall be available for review by the board.

(2) If a funeral director offers package funerals, the funeral director shall provide the consumer with a comparison between the package price and the total cost, calculated on an itemized basis, of the components actually desired by the consumer.

History

• Cr. (2), (1) renum. from FDE 2.15 (3) and am., Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 2.09 Commission prohibited {#sec-fd-2.09 omnilex-key=us-wi-regs-official--agency-fd--FD 2.09}

Except as provided in s. 445.125 (3m), Stats., paying or accepting a commission or a salary based upon the selling price or number of funeral services sold shall be considered unethical and is therefore prohibited.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.12, Register, July, 1988, No. 391, eff. 8-1-88; am., Register, November, 1998, No. 515, eff. 12-1-98.

Wis. Admin. Code § FD 2.10 Sanitation {#sec-fd-2.10 omnilex-key=us-wi-regs-official--agency-fd--FD 2.10}

(1) All preparation rooms, equipment, instruments and supplies in funeral establishments shall be maintained in a clean and sanitary condition.

(2) All post-mortem procedures shall be performed and all preparation rooms, equipment, instruments and supplies in funeral establishments shall be maintained in compliance with the terms and conditions set forth in the United States occupational safety and health administration standard for occupational exposure to blood-borne pathogens under 29 CFR 1910.1030. In cases of HIV infection, after the body has been prepared in accordance with s. DHS 136.04, the usual and customary procedures may be followed for restoration and cosmetology. Following embalming and body preparation, no special precautions need to be observed during visitation.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88; r. and recr. (2), r. (3), Register, June, 1996, No. 486, eff. 7-1-96; am. (2), Register, November, 1998, No. 515, eff. 12-1-98; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.

Wis. Admin. Code § FD 2.11 Radioactive materials {#sec-fd-2.11 omnilex-key=us-wi-regs-official--agency-fd--FD 2.11}

A funeral director or embalmer who takes possession of a dead human body which might possibly contain radioisotope must take all necessary steps to protect the members of the staff who are called upon to handle the body.

History

• Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from FDE 2.17 and am., Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 2.13 Confidentiality {#sec-fd-2.13 omnilex-key=us-wi-regs-official--agency-fd--FD 2.13}

All personnel involved in the post-mortem care of the deceased shall be informed of the confidentiality provisions under s. 252.15 (3m), Stats., and the consequences of violating these confidentiality provisions.

History

• Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.

Chapter FD 3 RULES OF CONDUCT

Wis. Admin. Code § FD 3.01 Authority and intent {#sec-fd-3.01 omnilex-key=us-wi-regs-official--agency-fd--FD 3.01}

This chapter is promulgated under the authority of ss. 15.08 (5) (b), 227.11 and 445.03, Stats., to interpret and contribute to the implementation of s. 445.13, Stats., relating to grounds for discipline of funeral directors, funeral director apprentices and holders of funeral establishment permits.

History

• Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § FD 3.015 Definition {#sec-fd-3.015 omnilex-key=us-wi-regs-official--agency-fd--FD 3.015}

As used in this chapter, “department” means the department of safety and professional services.

History

• EmR1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register June 2019 No. 762; correction in made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § FD 3.02 Unprofessional conduct {#sec-fd-3.02 omnilex-key=us-wi-regs-official--agency-fd--FD 3.02}

Any occurrence of the following shall constitute unprofessional conduct by a licensed funeral director, registered apprentice funeral director or owner of a funeral establishment:

(1) Violating or aiding and abetting a violation of any state or federal law substantially related to the practice of funeral directing.

(2) Violating any of the standards of practice set forth in ch. FD 2.

(3) Giving misleading or deceptive information to family or persons involved in the arranging of a funeral of final disposition including, but not limited to, information on: funeral costs, burial agreements, legal requirements or religious propriety.

(4) Performing of any funeral director duty while under the influence of alcohol or controlled substances. Controlled substances are listed in ch. 961, Stats.

(5) Refusing to comply with a duly authorized request for information by the board in a timely manner, or falsifying records of any kind which are made public or requested by the board. There is a rebuttable presumption that a person who takes more than 30 days to provide information requested by the board has not acted in a timely manner.

(6) Providing and performing the services of funeral directing or embalming in a manner which falls below minimal standards established by statute, rule or practice in the profession.

(7) Disclosing confidential information obtained in the performance of official duties.

(8) Performing services or providing merchandise not authorized for which charges are made; unless authorization for such items as removal or preparation of remains was not obtained because next of kin or other person responsible for payment of charges could not be located within a reasonable time.

(9) Engaging in misleading or deceptive conduct in the conduct of business or the profession.

(10) Failing to demonstrate respect for the sanctity of human remains or for the feelings of individuals involved in the grieving process.

(11) Failing to provide to the depositor, within 15 working days of receipt of a payment, written confirmation of receipt and deposit of payment made pursuant to a funeral trust agreement in accordance with s. 445.125 (1) (b), Stats. Such written confirmation shall include the name of the bank, savings bank, trust company, savings and loan association or credit union, the account number, the date of deposit, and a copy of the deposit slip or other documentary evidence of a payment deposited.

(12) Engaging in solicitation. A funeral director may not initiate written communication, personal or telephone contact for the purpose of obtaining professional employment with persons known to be in need of such services, or where the need of funeral services is imminent.

(13) Engaging in inappropriate sexual contact with clients of the funeral establishment.

(14) Engaging in unsolicited communications to the board or any board member regarding a matter under investigation by the board. Nothing in this section shall prohibit a licensee from addressing communication on a matter under investigation to the division of enforcement or other appropriate department personnel.

(15) Failing to transfer control over s. 445.125, Stats., trust funds pursuant to the depositor’s written request made during the lifetime of the potential decedent. Burial trust funds are not the property of the funeral director named as beneficiary under the trust agreement. A funeral director may not impede the inter vivos designation of a different beneficiary by withholding delivery of a passbook or other indicia of control over the funds, or by other behavior.

(16) Failure by the holder of a funeral establishment permit, upon the closing of the funeral establishment, to notify all depositors of funeral trust agreements of the closing of the establishment. Notification shall be in writing and shall be mailed or personally delivered to the depositor or the depositor’s representative within 15 days of the date that the establishment ceases its operation.

(17) Violating or attempting to violate any term, provision, or condition of any order of the board.

History

• Cr. (1), (2), (8), (9), (12) to (16); (intro.), (3) to (7), (9) and (11) renum. from FDE 3.01 (intro.), (1), (3) to (6), (8) and (11) and am. (3) to (6) and (9), Register, July, 1988, No. 391, eff. 8-1-88; cr. (17), Register, September, 1993, No. 453, eff. 10-1-93; am. (4), (7), (11) and (13), Register, November, 1998, No. 515, eff. 12-1-98.

Chapter FD 4 CONTINUING EDUCATION REQUIREMENTS

Wis. Admin. Code § FD 4.01 Authority {#sec-fd-4.01 omnilex-key=us-wi-regs-official--agency-fd--FD 4.01}

The rules in this chapter are adopted under authority in ss. 15.08 (5) (b), 227.11 and 445.06, Stats.

History

• Cr. Register, July, 1986, No. 367, eff. 8-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1993, No. 453.

Wis. Admin. Code § FD 4.02 Definitions {#sec-fd-4.02 omnilex-key=us-wi-regs-official--agency-fd--FD 4.02}

In this chapter,

(1m) “Credit hour” means at least 50 minutes spent by a licensee in actual attendance and completion of, online or in person, a board-approved continuing education program.

(2) “Evidence of attendance” means an official transcript, student grade report or a written form furnished by a program provider which specifies satisfactory completion of a continuing education program.

(3m) “In-service” means continuing education approved by the board that is provided by a licensed funeral director to staff of the funeral director’s funeral establishment and is available to all funeral directors.

(3n) “Professional activity” means any of the following:

(a) Serving on the Funeral Directors Examining Board.

(b) Serving on the Milwaukee Area Technical College Funeral Services Advisory Committee.

(c) Serving on the National Funeral Director committee or board.

(d) Serving on the state board, district board, or a committee of the Wisconsin Funeral Director Association.

(e) Serving on the Funeral Service Alliance committee or board.

(f) Serving on the American Board of Funeral Education committee or board.

(g) Serving on the Order of the Golden Rule committee or board.

(h) Serving on the National Selection of Morticians committee or board.

(4) “Program provider” means an educational institution, governmental agency, professional or trade association or foundation or a private firm or individual whose primary function is continuing education.

History

• Cr. Register, July, 1986, No. 367, eff. 8-1-86; CR 17-048: cr. (3m), (3n) Register July 2018 No. 751, eff. 8-1-18; correction in (3n) (d) made under s. 35.17, Stats., Register July 2018 No. 751; EmR 1823: emerg. renum. (1), (3) to FD 1.013 (1), (2), eff. 11-27-18; CR 18-075: renum. (1), (3) to FD 1.013 (1), (2), Register June 2019 No. 762, eff. 7-1-19; CR 19-162: cr. (1m) Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § FD 4.03 Continuing education {#sec-fd-4.03 omnilex-key=us-wi-regs-official--agency-fd--FD 4.03}

(1) For the renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license, completion of 4 credit hours of continuing education subsequent to the date the applicant was granted the initial license is required. The required 4 credit hours of continuing education may include instruction in any of the following topics that the board has determined may prepare a new licensee for practice as a funeral director:

(a) Embalming.

(b) Life insurance.

(c) Hospitality.

(d) Celebrant training.

(e) Crematory operation.

(f) Public speaking.

(g) Small business management.

(h) Marketing, including the use of graphic design and social media.

(1m) Every funeral director, except as described in sub. (1) and s. FD 4.05, shall complete at least 15 hours of approved continuing education programs in each biennial registration period, as specified under s. 445.06, Stats.

(2) Approved continuing education credit hours may apply only to the biennial registration period in which the hours are acquired.

(3) To obtain credit for completion of the continuing education requirement, a funeral director shall submit certificates of attendance issued by the program provider or other evidence of attendance satisfactory to the board.

(4m) At least 3 credit hours of the 15-hour requirement shall be in each of the subject areas specified in s. FD 4.04 (1) (a) 1. to 4.

(5) No more than 7 credit hours of all of the 15-hour requirement may be in approved programs in s. FD 4.04 (7).

(6) Continuing education credit may be granted for teaching or presenting any continuing education programs or courses under s. FD 4.04 (1) (a) 1. to 4. No credit will be granted for any subsequent presentations of the same program or course. A teacher or presenter may receive 2 continuing education credits for each credit hour of presentation.

(6m) Two credit hours of continuing education may be granted for one hour of professional activity with a maximum of 6 credit hours of continuing education per biennial registration period for professional activity.

(7) No more than 10 credit hours of the 15-hour requirement may be acquired through participation in board-approved online programs.

(9) Continuing education credit for participation in a multiple-day program, in which each day of the program is a prerequisite for each succeeding day, shall be granted only for completion of the entire program.

(10) A funeral director may receive credit for attendance at a continuing education program which received approval after he or she attended the program, if the funeral director provides evidence of attendance satisfactory to the board.

(11) The board may count any relevant instruction obtained in connection with military service, as defined in s. 111.32 (12g), Stats., toward satisfying up to 15 hours of continuing education credits per biennial registration period.

History

• Cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (7), Register, November, 1998, No. 515, eff. 12-1-98; CR 01-063: cr. (4m) and am. (5), Register November 2001 No. 551, eff. 12-1-01; CR 17-048: r. and recr. (6), cr. (6m), am. (7), (8), cr. (11) Register July 2018 No. 751, eff. 8-1-18; CR 19-162: am. (1), (2), r. (4), am. (4m), (5), (6), (7), r. (8) Register September 2020 No. 777, eff. 10-1-20; CR 20-045: r. and recr. (1), cr. (1m) Register June 2021 No. 786, eff. 7-1-21.

Wis. Admin. Code § FD 4.04 Approval of continuing education programs {#sec-fd-4.04 omnilex-key=us-wi-regs-official--agency-fd--FD 4.04}

(1) Except as provided in sub. (8), to obtain approval of a continuing education program, the program provider shall submit an application to the board on a form provided by the board. To be approved by the board, a continuing education program shall meet all of the following criteria:

(a) The program relates to one or more of the following subject content areas:

1. Grief counseling or communication.

2. Professional conduct, business ethics or legal aspects specifically related to practice in the profession.

3. Business management concepts relating specifically to delivery of services to a consumer.

4. Technical or practical aspects of the profession.

(b) The program is available to all funeral directors regardless of membership in or affiliation with any organization.

(c) The program provider does one of the following:

1. The program provider of the continuing education program agrees to monitor the continuous attendance of participants and to furnish to each participant evidence of having attended and completed the program at the location of the program.

2. The program provider of a board-approved online continuing education program includes in the program a method satisfactory to the board of determining a participant’s successful completion of the approved online program.

(2) An application for a continuing education program shall include all of the following:

(a) Date and location of the program.

(b) Time segments scheduled in the program for presentation of subject areas specified in sub. (2).

(c) Name and title of the instructor.

(d) Name and title of the person requesting program approval on behalf of the provider.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(3) A separate application shall be submitted for each continuing education program. Approval of a continuing education program expires on December 31 of each odd-numbered year.

(4) A program provider shall apply for approval of a continuing education program at least 30 days prior to its presentation.

(5) A continuing education program may include subject content other than that specified in sub. (1); however, the board shall limit its approval only to that part and time segments of the program which relate to subject areas specified in sub. (1).

(6) A board-approved online program or course taken for academic credit shall be eligible for credit if the program or course relates to subject areas specified in sub. (1) and meets all other requirements in this section.

(7) In-service continuing education programs sponsored by a funeral establishment are not eligible for credit unless the programs are available to all licensed funeral directors and meet all other requirements in this section.

(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 or otherwise deemed to be equivalent by the board, which satisfies the criteria established in sub. (1) (a) to (c) and s. FD 4.045, shall be approved by the board without receipt of a course approval application from the program provider.

History

• Cr. Register, July, 1986, No. 367, eff. 8-1-86; correction in (6) made under s. 13.93 (2m) (b) 12., Stats., Register, September, 1993, No. 453; am. (2) (intro.), Register, November, 1998, No. 515, eff. 12-1-98; CR 07-049: am. (1) (intro.), cr. (8) Register March 2008 No. 627, eff. 4-1-08; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2008 No. 627; CR 16-011: am. (8) Register September 2016 No. 729, eff. 10-1-16; CR 17-048: renum. (1) (c) to (1) (c) 1. and am., cr. (1) (c) (intro.), renum. (1) (d) to (1) (c) 2. and am., am. (6) Register July 2018 No. 751, eff. 8-1-18; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.

Wis. Admin. Code § FD 4.045 Qualifications for continuing education instructors {#sec-fd-4.045 omnilex-key=us-wi-regs-official--agency-fd--FD 4.045}

Instructors for continuing education shall possess one of the following minimum qualifications:

(1) Be an instructor of funeral directing who is or has been engaged in the practice of teaching at an accredited institution of higher education.

(2) Be a properly licensed or certified person for the 5 years immediately before becoming a continuing education instructor.

(3) Be a person who, in the judgment of the board, is qualified by experience or education, or both, to supervise a course of study.

History

• CR 01-063: Cr. Register November 2001 No. 551, eff. 12-1-01.

Wis. Admin. Code § FD 4.05 Exemption {#sec-fd-4.05 omnilex-key=us-wi-regs-official--agency-fd--FD 4.05}

Any funeral director who holds a certificate in good standing granted under s. 445.06, Stats., shall be exempt from meeting the continuing education requirement for the duration of the period that the funeral director is not engaged in professional practice. A funeral director who holds a certificate shall notify the board and shall submit proof of having completed 15 hours of approved continuing education programs in the 2-year period immediately preceding notification to the board of his or her intent to return to professional practice in a licensed funeral establishment.

History

• Cr. Register, July, 1986, No. 367, eff. 8-1-86.

Wis. Admin. Code § FD 4.06 Audit {#sec-fd-4.06 omnilex-key=us-wi-regs-official--agency-fd--FD 4.06}

The board may conduct a continuing education audit on any licensee who has received a complaint against the credential holder.

History

• CR 17-048: cr. Register July 2018 No. 751, eff. 8-1-18.

Chapter FD 6 BURIAL AGREEMENTS FUNDED WITH LIFE INSURANCE

Wis. Admin. Code § FD 6.01 Authority and purpose {#sec-fd-6.01 omnilex-key=us-wi-regs-official--agency-fd--FD 6.01}

The rules in this chapter are adopted by the board under the authority of ss. 15.08 (5) (b), 227.11 (2), 445.125 (3m) (b) 2. b. and (j) 1. and 2., Stats., and govern the registration and regulation of agents.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § FD 6.02 Definitions {#sec-fd-6.02 omnilex-key=us-wi-regs-official--agency-fd--FD 6.02}

In this chapter:

(1) “Agent” means an authorized representative of a funeral director or an operator of a funeral establishment who sells or solicits the sale of a burial agreement that is funded with the proceeds of a life insurance policy.

(4) “Evidence of attendance” means an official transcript, student grade report, or a written form furnished by a program provider which specifies satisfactory completion of an educational training program.

(5) “Program provider” means an educational institution, governmental agency, professional or trade association or foundation or a private firm or individual whose function is educational training programming.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; EmR1823: emerg. r. (2), (3) eff. 11-27-18; CR 18-075: r. (2), (3) Register June 2019 No. 762, eff. 7-1-19.

Wis. Admin. Code § FD 6.03 Registration requirements {#sec-fd-6.03 omnilex-key=us-wi-regs-official--agency-fd--FD 6.03}

(1) A licensed funeral director or operator of a funeral establishment shall submit an application with all of the following information:

(a) The identity of any agent authorized by s. 445.125 (3m), Stats., to sell or solicit the sale of a burial agreement that is funded with the proceeds of a life insurance policy on behalf of the licensed funeral director or operator of a funeral establishment.

(b) The agent’s Wisconsin life insurance intermediary’s license number and expiration date, and the insurer or insurers whom the agent is listed to represent.

(c) Evidence satisfactory to the board that the agent has successfully completed at least 20 hours of approved educational training as provided in s. FD 6.05. An agent who is a Wisconsin licensed funeral director and a Wisconsin licensed insurance intermediary shall be exempt from having to complete the 20 hours of approved educational training as provided in s. FD 6.05.

(2) A copy of each contract between an agent and an operator of a funeral establishment shall accompany the application.

(3) The application shall be accompanied by the fee authorized in s. 440.05 (1), Stats.

(4) Upon receipt of an application and payment of the fees, the board shall issue a registration card to an agent.

(5) No agent may sell or solicit the sale of a burial agreement funded with the proceeds of a life insurance policy unless he or she is registered by the board.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § FD 6.04 Change of employment {#sec-fd-6.04 omnilex-key=us-wi-regs-official--agency-fd--FD 6.04}

A licensed funeral director or operator of a funeral establishment shall notify the board within 30 calendar days of the termination of any contract he or she has with an agent.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § FD 6.05 Training requirements {#sec-fd-6.05 omnilex-key=us-wi-regs-official--agency-fd--FD 6.05}

(1) Educational training shall include the following subjects:

(a) The funeral industry practice regulations of the federal trade commission, and any other applicable federal statutes and regulations related to the funeral service industry including, but not limited to, the occupational safety and health act.

(b) The funeral industry practice regulations contained in the Wisconsin statutes and administrative code including, but not limited to, burial agreements and any applicable impoverishment provisions.

(c) The ethics of funeral service marketing.

(d) Funeral service and final disposition options.

(e) Funding mechanisms for burial agreements.

(f) Financial benefits available at the time of death including, but not limited to, veteran’s benefits, social security income, pensions, and human services benefits.

(g) Grief communication skills.

(2) Educational training credit for participation in a multiple-day program, in which each day of the program is a prerequisite for each succeeding day, shall be granted only for completion of the entire program.

(3) Credit for attendance at an educational training program shall be given to an agent if all of the following apply:

(a) The program has been approved by the board under s. FD 6.06.

(b) The agent provides evidence of attendance satisfactory to the board.

(c) The agent takes and successfully passes a comprehensive examination administered by the program provider.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § FD 6.06 Approval of educational training programs {#sec-fd-6.06 omnilex-key=us-wi-regs-official--agency-fd--FD 6.06}

(1) To obtain approval of an educational training program, the program provider shall submit an application to the board on a form provided by the board which shall include evidence of all of the following:

(a) Information that the program relates to the following subject areas:

1. The funeral industry practice regulations of the federal trade commission, and any other applicable federal statutes and regulations related to the funeral service industry including, but not limited to, the occupational safety and health act.

2. The funeral industry practice regulations contained in the Wisconsin statutes and administrative code including, but not limited to, burial agreements and applicable impoverishment provisions.

3. The ethics of funeral service marketing.

4. Funeral service and final disposition options.

5. Funding mechanisms for burial agreements.

6. Financial benefits available at the time of death including, but not limited to, veteran’s benefits, social security income, pensions, and human services benefits.

7. Grief communication skills.

(b) The program is available to all agents regardless of membership or affiliation with any organization.

(c) The program provider agrees to monitor the continuous attendance of participants and to furnish to each participant with evidence of attendance.

(2) A separate application shall be submitted for each educational training program. Approval of an educational training program expires on December 31 of each odd-numbered year.

(3) A program provider shall apply for approval of an educational training program at least 30 days prior to its presentation.

(4) An educational training program may include subject content other than that specified in sub. (1); however, the board shall limit its approval only to that part and time segments of the program which relate to subject areas specified in sub. (1).

(5) In-service educational training programs sponsored by a funeral establishment or insurance company are not eligible for credit unless the programs are available to all agents and meet all other requirements in this section.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § FD 6.07 Standards for burial agreements funded by life insurance proceeds {#sec-fd-6.07 omnilex-key=us-wi-regs-official--agency-fd--FD 6.07}

A burial agreement shall be in written form that is clear and conspicuous, and shall include all of the following:

(1) The identity of the funeral establishment and the insurer or insurers that the agent represents.

(2) The identity of the funeral establishment that will be used to provide the funeral services or merchandise under the agreement.

(3) The nature and extent of any price guarantees for the funeral merchandise or funeral services, or any other guarantees that exist.

(4) Information that a life insurance policy is involved in or connected to, or is being used to fund, the burial agreement.

(5) The type of insurance instrument that is being used to fund the burial agreement.

(6) The effect on the burial agreement of all of the following:

(a) Changing the life insurance policy, including, but not limited to, changing the assignment of the policy proceeds, changing the beneficiary designation, or changing the use of the proceeds.

(b) Any penalties incurred by the policyholder as a result of failing to make premium payments.

(c) Any penalties incurred or money received as a result of cancellation or surrender of the life insurance policy.

(7) A statement of funeral goods and services selected under the burial agreement and the price of each item or service provided under the burial agreement, including a statement as to whether the purchase price of the funeral merchandise and services are guaranteed at the time the burial agreement is arranged or whether the price is to be determined at the time of need. If the price of funeral merchandise or services is to be determined at the time of need, those prices may not exceed the prices as set forth in the funeral establishment’s general price list required under the funeral industry practices regulations of the federal trade commission.

(8) All information concerning what occurs, and whether any entitlements arise, if there is a difference between the proceeds of the life insurance policy and the amount of money actually needed to fund the burial agreement.

(9) Any restrictions, including geographic restrictions, or penalties relating to delivery or performance under the burial agreement, including any restrictions or penalties relating to the inability of the operator of the funeral establishment to perform.

(10) A statement as to whether the sales commission or other form of compensation is being paid to the agent who sells or solicits the sale of a burial agreement and the life insurance used to fund the burial agreement and, if so, the identity of any other persons to whom the commission or other compensation is paid.

(11) The following statement in not less than 12-point boldface type: “Burial agreements are regulated by the Wisconsin Funeral Directors Examining Board. Should you have a complaint, please contact the Board at 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53708 or by telephone at (608) 266-2112.”

Note: Complaints can also be filed on the department of safety and professional services’ website at https://dsps.wi.gov/Pages/SelfService/FileAComplaint.aspx.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 19-161: am. (11) Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § FD 6.08 Contractual standards for agents and operators of funeral establishments {#sec-fd-6.08 omnilex-key=us-wi-regs-official--agency-fd--FD 6.08}

A copy of each contract between an agent and an operator of a funeral establishment shall be sent to the board along with the agent’s application for registration as required in s. FD 6.03. A contract between an agent and an operator of a funeral establishment shall include all of the following:

(1) A statement that the agent is currently licensed as a life insurance intermediary in Wisconsin and is currently listed with an insurer or insurers who is authorized to sell life insurance used to fund a burial agreement in Wisconsin.

(2) A statement that the agent has received the required training pursuant to s. 445.125 (3m) (b) 2. a., Stats., and will obtain any additional training as required by the board.

(3) A statement that the agent shall immediately notify the operator of the funeral establishment at any time while the contract between the agent and operator of the funeral establishment is in effect if any of the following occur:

(a) The agent’s life insurance license is suspended or revoked.

(b) There are any changes to listings with insurers.

(4) A statement that the agent will abide by the funeral industry practices regulations of the federal trade commission, and all applicable Wisconsin statutes and rules.

(5) A statement as to whether the sales commission or other form of compensation is being paid to the agent who sells or solicits the sale of a burial agreement and the life insurance used to fund the burial agreement and, if so, the identity of any other persons to whom the commission or other compensation is paid.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § FD 6.09 Requirements for terminating a burial trust {#sec-fd-6.09 omnilex-key=us-wi-regs-official--agency-fd--FD 6.09}

Written notice shall be sent to the board by an agent, licensed funeral director or operator of the funeral establishment when a consumer terminates a trust as established under s. 445.125 (1), Stats. The following information shall be included in the written notice that an agent, funeral director, or operator of a funeral establishment gives to a consumer and to the board when the consumer terminates a burial trust and converts to a burial agreement funded by the proceeds of a life insurance policy:

(1) The name of the individual for whom the existing burial trust is intended.

(2) The date on which the original burial trust agreement was made.

(3) The name of the funeral establishment that was designated on the original burial trust agreement.

(4) The name of the bank, trust company, savings and loan association, or savings bank in which the burial trust funds have been held.

(6) The name of the life insurance company issuing the life insurance policy intended to fund the burial agreement.

(7) The name of the agent who sells the life insurance policy.

(8) The name of the funeral establishment that will be designated on the life insurance policy as the beneficiary.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 19-161: r. (5) Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § FD 6.10 Solicitation of prospective purchasers of burial agreements funded with the proceeds of a life insurance policy {#sec-fd-6.10 omnilex-key=us-wi-regs-official--agency-fd--FD 6.10}

(1) Automated telephone calls. A funeral director, owner of a funeral establishment, or agent may only initiate a telephone call using an automated telephone dialing system or an artificial or prerecorded voice system for the purpose of selling or soliciting a burial agreement funded by the proceeds of a life insurance policy when calling a residential or business telephone line, provided that the funeral director, owner of a funeral establishment, or agent obtains the prior express written consent of the party to be called.

(2) Live-voice telephone calls. A funeral director, owner of a funeral establishment, or an agent may initiate a telephone call by live-voice for the purpose of selling or soliciting a burial agreement funded with the proceeds of a life insurance policy only if all of the following apply:

(a) A funeral director, owner of a funeral establishment, or agent sends written notice to the prospective purchaser at least 10 days in advance of the call, advising the prospective purchaser of all of the following:

1. The name of the funeral director, owner of a funeral establishment, or agent who will be calling, the name of the person or entity upon whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted.

2. That the call will only be made between the hours of 9:00 a.m. to 7:00 p.m. central time.

3. The specific reason for the call in no less than 12-point type.

4. That a prospective purchaser may call the person or entity upon whose behalf the call is being made to request that no call be made. This statement shall be in no less than 14-point, bold-faced type.

(b) The telephone caller immediately begins the conversation by providing the called party with the name of the funeral director, owner of the funeral establishment, or agent, the name of the person or entity upon whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted.

(c) The telephone caller records the name and telephone number of persons who request placement on a do-not-call list at the time the request is made and the caller agrees to make no further calls to a person who has requested placement on the list.

(d) A telephone call is only made to a prospective purchaser or the prospective purchaser’s authorized representative, in a hospital, health care facility, elderly home or similar establishment, if the prospective purchaser or the prospective purchaser’s authorized representative requests the call.

(e) A telephone call is only made to a prospective purchaser of a burial agreement funded by the proceeds of a life insurance policy whose death is imminent or appears to be imminent, if the prospective purchaser or the prospective purchaser’s authorized representative requests the call.

(3) Door-to-door solicitation. A funeral director, owner of a funeral establishment, or an agent may not contact a prospective purchaser of a burial agreement funded with the proceeds of a life insurance policy by door-to-door solicitation.

History

• Cr. Register, October, 1997, No. 502, eff. 11-1-97; renum. and am. (1) (intro.) to be (1), (2) (b) (intro.), 1. to 4., to be (2) (a) (intro.), 1. to 4., r. (1) (a) to (c), (2) (a), (4) and (5), cr. (2) (b) to (e), r. and recr. (3), Register, July, 1999, No. 523, eff. 8-1-99; reprinted to correct printing error in (3), Register, November, 1999, No. 527.