Wisconsin Administrative Code

ETH 21.30 Requests for written advice. (1) GENERAL PROVISIONS. (a) A person may request either a formal or an informal advisory opinion of the commission. An informal opinion may be issued by the administrator and is issued only to the person requesting the opinion. A formal opin…

ETH 26.01 Definitions. In this chapter: (1) X15 day reportY means the report referred to in s. 13.67, Stats. (1m) XBusiness dayY means any day Monday to Friday, excluding Wisconsin legal holidays as defined in s. 995.20, Stats. (2) XCommissionY means the Wisconsin Ethics Commissi…

ETH 26.02 Settlement of campaign finance violations. (1) FAILURE TO TIMELY FILE A CONTINUING REPORT OR SEPTEMBER REPORT. (a) If the commission receives a continuing or September report within 30 calendar days after the due date for that report, the commission may issue a written …

ETH 26.03 Settlement of lobbying violations. (1) FAILURE TO TIMELY FILE A STATEMENT OF LOBBYING ACTIVITY AND EXPENDITURES. (a) If the commission receives a statement of lobbying activity and expenditures within 2 business days after the due date for that report: 1. If the princip…

ETH 6.02 Registration statement sufficiency. (1) Any registration filed with a filing officer under ss. 11.0201, 11.0202, 11.0203, 11.0301, 11.0302, 11.0303, 11.0401, 11.0402, 11.0403, 11.0501, 11.0502, 11.0503, 11.0601, 11.0602, 11.0603, 11.0701, 11.0702, 11.0703, 11.0801, 11.08…

ETH 6.03 Assistance by ethics commission staff. Pursuant to the authority and responsibility vested in the ethics commission by the statutes, specifically s. 19.46 (2), Stats., the staff of the commission is authorized to provide advice to any interested person with respect to th…

ETH 6.04 Filing documents by facsimile (FAX) process. (1) As used in this rule: (ag) XCommissionY means the ethics commission. (ar) XDocumentY means any form, statement, pleading or other writing which is required to be filed with the filing officer. (b) XFacsimile processY means…

ETH 6.05 Filing campaign finance reports in electronic format. (1) Definitions: As used in this rule: (a) XCampaign periodY for a candidate has the same meaning as provided in s. 11.1103, Stats., and for any other registrant begins on January 1 of an odd-numbered year and ends on…

FD 1.01 Authority and intent. 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 establishment…

FD 1.013 Definitions; generally. As used in chs. FD 1 to 4 and FD 6: (1c) XApprenticeY has the meaning given in s. 445.01 (2), Stats. (1g) XBoardY means the funeral directors examining board. (1m) XFuneral arrangementsY means the provision of information or advice, at the time of…

FD 1.02 Applications. 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 FD 1.075 FD 1.076 FD 1.077 FD 1.08 FD…

FD 1.03 Examination grade. 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.…

FD 1.04 College instruction. 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 complet…

FD 1.05 Mortuary school. The candidate shall have sat- the chapter was last published. FD 1.05 WISCONSIN ADMINISTRATIVE CODE isfactorily completed 9 months or more instruction in a prescribed course in mortuary science, either before or after completing the 1 year apprenticeship …

FD 1.055 Certification class requirement. 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 complet…

FD 1.056 Certification class content. (1) The 16hour 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 disposit…

FD 1.065 Changes in apprenticeship assignment. (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 disc…

FD 1.070 Semiannual apprentice reporting requirements. 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 da…

FD 1.075 Supervision of apprentices. (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 …

FD 1.076 Terms of apprenticeship. (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 …

FD 1.077 Licensure eligibility. In addition to the re- the chapter was last published. 3 FUNERAL DIRECTORS EXAMINING BOARD quirements under this chapter and s. 445.095, Stats., eligibility for a funeral director license shall require an apprentice to present affidavits from the l…

FD 1.08 Permits. (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 establis…

FD 1.09 Preparation rooms. (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 mu…

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. 440.08 (2), Stats., and attesting to completion of the continuing education required under s. FD 4.03. If the cr…

FD 1.11 Renewal of Wisconsin licenses of out-ofstate funeral directors. (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 busines…

FD 1.12 General reciprocity. 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 substantia…

FD 1.13 Reciprocity for service members, former service members, and spouses of service members or former service members. (1) As used in this section: (a) XFormer service memberY has the meaning provided in s. 440.09 (1) (a), Stats. (b) XService memberY has the meaning provided …

FD 2.01 Authority and intent. 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 m…

FD 2.03 Operation of a funeral establishment. 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 …

FD 2.04 Discrimination. 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 becau…

FD 2.05 Business telephone listings and advertising. (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 adver…

FD 2.08 Business practices. (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 re…

FD 2.09 Commission prohibited. 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,…

FD 2.10 Sanitation. (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 …

FD 2.11 Radioactive materials. 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,…

FD 2.13 Confidentiality. 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…

FD 3.01 Authority and intent. 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 apprent…

FD 3.015 Definition. As used in this chapter, XdepartmentY means the department of safety and professional services. History: EmR1823: emerg. cr. eff. 11-27-18; CR 18-075: cr. Register June 2019 2019 No. 762.

FD 3.02 Unprofessional conduct. 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 fed…

FD 4.01 Authority. 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.

FD 4.02 Definitions. In this chapter, (1m) XCredit hourY 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) XEvidence of attendanceY means an official transcript, student gr…

FD 4.03 Continuing education. (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 t…

FD 4.04 Approval of continuing education programs. (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 ed…

FD 4.045 Qualifications for continuing education instructors. 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 institut…

FD 4.05 Exemption. 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 …

FD 4.06 Audit. The board may conduct a continuing education audit on any licensee who has received a complaint against the credential holder. the chapter was last published.

FD 6.01 Authority and purpose. 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…

FD 6.02 Definitions. In this chapter: (1) XAgentY 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) XEvidence of …

FD 6.03 Registration requirements. (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 buria…

FD 6.04 Change of employment. 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.