State of Wisconsin Department of Regulation & Licensing
Ensuring the availability of safe and competent professional services
Secretary Celia Jackson
 Secretary Jackson
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Funeral Directors and Funeral Establishments - Code Book

Introduction

Excerpts from the Wisconsin Statutes

Chapter 15 Structure of the Executive Branch
   15.001 Declaration of policy
   15.01 Definitions
   15.02 Offices, departments and independent agencies
   15.03 Attachment for limited purposes
   15.04 Heads of departments and independent agencies; powers and duties
   15.05 Secretaries
   15.06 Commissions and commissioners
   15.07 Boards
   15.08 Examining boards and councils
   15.085 Affiliated credentialing boards
   15.09 Councils
   15.40 Department of regulation and licensing; creation
   15.405 Same; attached boards and examining boards
   15.406 Same; attached affiliated credentialing boards
   15.407 Same; councils

Chapter 49 - Public Assistance
   Subchapter III - Economic Support and Work Programs
   49.30 Funeral expenses.

Chapter 69 - Collection of Statistics
   Subchapter I - Vital Statistics
   69.01 Definitions.
   69.02 Department powers and duties.
   69.03 Powers and duties of state registrar.
   69.035 Treatment by state registrar of tribal vital records and tribal court orders.
   69.04 Local registration district.
   69.05 Duties of local registrar.
   69.06 Duties of city registrars.
   69.07 Duties of register of deeds.
   69.08 Requirements for registration.
   69.09 Corrections prior to filing.
   69.10 Correction of obvious errors.
   69.11 Amendments without court order.
   69.12 Entry of true facts by court order.
   69.13 Correction of facts misrepresented by informant for certificate of birth.
   69.14 Registration of births.
   69.145 Certificate of birth resulting in stillbirth.
   69.15 Changes of fact on birth certificates.
   69.16 Marriage documents.
   69.17 Divorce report.
   69.18 Death records.
   69.186 Induced abortion reporting.
   69.19 Court−ordered certificates of death.
   69.20 Disclosure of information from vital records.
   69.21 Copies of vital records.
   69.22 Fees.
   69.23 Costs for collecting delinquent certificates.
   69.24 Penalties.
   69.30 Authorized copying of vital records.
   Subchapter II - General Statistics
   69.60 Taxes and bonds.
   69.61 Annual statement of taxes.
   69.62 Returns to department of revenue.
   69.63 Department of revenue, duties.
   69.64 Realty statistics; items.
   69.65 Statistics compiled, use of; county clerk’s duties.
   69.66 Agricultural statistics.
   69.67 Returns may be sent for; expense.
   69.68 Statement of indebtedness to secretary of state.
   69.69 Neglect of duty.

Chapter 157 - Disposition of Human Remains
   Subchapter 1 - Corpses
   157.01 Rules for preparation, transportation and disposition.
   157.02 Disposal of unclaimed corpses.
   157.03 Restrictions on use of bodies for anatomical purposes; embalming such
bodies; delivery of bodies to relatives.

   157.04 Penalty.
   157.05 Autopsy.
   157.055 Disposal of human remains during state of emergency relating to public
health.

   157.06 Uniform anatomical gift act.
   Subchapter II - Cemeteries
   157.061 Definitions.
   157.062 Cemetery associations; creation; powers and duties.
   157.064 Cemetery associations and religious associations; holding property;
change of ownership.

   157.065 Location and ownership of cemeteries.
   157.067 Connection with funeral establishment prohibited.
   157.07 Platting.
   157.08 Conveyances.
   157.10 Alienation and use of cemetery lots.
   157.11 Improvement and care of cemetery lots and grounds.
   157.111 Opening and closing of burial places.
   157.112 Reburial of human remains by a cemetery authority.
   157.114 Duty to provide for burials.
   157.115 Abandonment of cemeteries and cemetery lots.
   157.12 Mausoleums and crematoriums.
   157.125 Trustees for the care of cemeteries or cemetery lots.
   157.128 Minimum acreage requirement for cemetery established on or after
November 1, 1991.

   157.129 Minimum acreage of cemeteries; local ordinance.
   157.19 Deposit and investment of care funds and preneed trust funds.
   157.50 Municipal cemeteries.
   157.60 Public easement in cemetery.
   157.62 Reporting; record keeping; audits.
   157.625 Reporting exemption for certain cemeteries.
   157.63 Reporting and auditing exemptions; certification of compliance of cemetery affiliated with religious society.
   157.635 Regulations of cemetery affiliated with religious society.
   157.637 Veteran burials.
   157.64 Penalties.
   157.65 Enforcement.
   Subchapter III - Burial Sites Preservation
   157.70 Burial sites preservation.

Chapter 252 - Communicable Diseases
   252.10 Public health dispensaries.
   252.14 Discrimination related to acquired immunodeficiency syndrome.
   252.15 Restrictions on use of a test for HIV.

Chapter 346 - Rules of the Road
   
346.50 Exceptions to stopping and parking restrictions.

Chapter 347 - Equipment of Vehicles
   Subchapter II - Lighting Equipment
   347.25 Special warning lamps on vehicles.

Chapter 350 - Snowmobiles
   350.155 Coroners and medical examiners to report; require blood specimen.

Chapter 440 Department of Regulation and Licensing
   Subchapter I - General Provisions
   440.01 Definitions
   440.02 Bonds
   440.03 General duties and powers of the department
   440.035 General duties of examining boards and affiliated credentialing boards.
   440.04 Duties of the secretary
   440.042 Advisory committees.
   440.045 Disputes.
   440.05 Standard fees
   440.055 Credit card payments.
   440.06 Refunds and reexaminations
   440.07 Examination standards and services
   440.08 Credential renewal
   440.11 Change of name or address
   440.12 Credential denial, non-renewal and revocation based on tax delinquency
   440.13 Delinquency in support payments; failure to comply with subpoena or warrant.
   440.14 Nondisclosure of certain personal information.
   440.142 Reporting potential causes of public health emergency.
   440.20 Disciplinary proceedings
   440.205 Administrative warnings.
   440.21 Enforcement of laws requiring credential
   440.22 Assessment of costs
   440.23 Cancellation of credential; reinstatement
   440.25 Judicial review

Chapter 445 - Funeral Directors
   445.01 Definitions.
   445.03 Powers of examining board.
   445.04 Funeral directors; licenses.
   445.045 License requirements.
   445.06 Renewal of licenses.
   445.08 Reciprocity in issuance of licenses.
   445.09 Display of licenses.
   445.095 Apprenticeship, funeral directors.
   445.10 Term of apprenticeship.
   445.105 Funeral establishment permits.
   445.11 Register; change of address.
   445.12 Prohibited practices.
   445.125 Burial agreements.
   445.13 Investigations; hearing; revocation of licenses.
   445.14 Funeral directors; who to employ.
   445.15 Penalties.
   445.16 Exceptions.

Chapter 630 - General Public Policy Provisions Applicable to Insurers and Others
   630.15 Prohibited relationships between life insurers and funeral directors or cemeteries.

Chapter 632 - Insurance Contracts in Specific Lines
    Subchapter V - Life Insurance and Annuities
   632.41 Prohibited provisions in life insurance.
   632.415 Funeral policies.

Chapter 863 - Closing Estates
   863.09 Allowance for tombstone and care of grave.

Chapter 940 - Crimes Against Life and Bodily Security
   940.22 Sexual exploitation by therapist; duty to report.
   940.225 Sexual assault.

Chapter 943 - Crimes Against Property
   Subchapter III - Misappropriation
   943.20 Theft.

Chapter 979 - Investigation of Deaths
   979.01 Reporting deaths required; penalty; taking specimens by coroner or medical examiner.
   979.012 Reporting deaths of public health concern.
   979.015 Subpoena for documents.
   979.02 Autopsies.
   979.025 Autopsy of correctional inmate.
   979.03 Autopsy for sudden infant death syndrome.
   979.04 Inquests: when called.
   979.05 Inquests: procedure.
   979.06 Inquests: witnesses.
   979.07 Incriminating testimony compelled; immunity.
   979.08 Inquests: instructions, burden of proof and verdict.
   979.09 Burial of body.
   979.10 Cremation.
   979.11 Compensation of officers.
   979.12 Fees for morgue services.
   979.22 Autopsies and toxicological services by medical examiners.

Excerpts From The Wisconsin Administrative Code

Chapter FD 1 - Licenses and Permits
   FD 1.01 Authority and intent.
   FD 1.02 Examination applications.
   FD 1.03 Examination grade.
   FD 1.035 Examination review.
   FD 1.04 Two academic years of instruction.
   FD 1.05 Mortuary school.
   FD 1.06 Proof of academic training.
   FD 1.07 Apprenticeship credit.
   FD 1.08 Permits.
   FD 1.09 Preparation rooms.
   FD 1.10 Requirements for renewal; restoration of licenses.
   FD 1.11 Renewal of Wisconsin licenses of out–of–state funeral directors.

Chapter FD 2 - Standards of Practice
   FD 2.01 Authority and intent.
   FD 2.02 Definitions.
   FD 2.03 Operation of a funeral establishment.
   FD 2.04 Discrimination.
   FD 2.05 Business telephone listings and advertising.
   FD 2.06 Supervision of apprentices.
   FD 2.07 Changes in apprenticeship assignment.
   FD 2.08 Business practices.
   FD 2.09 Commission prohibited.
   FD 2.10 Sanitation.
   FD 2.11 Radioactive materials.
   FD 2.13 Confidentiality.

Chapter FD 3 - Rules of Conduct
   FD 3.01 Authority and intent.
   FD 3.02 Unprofdssional conduct.

Chapter FD 4 - Continuing Education Requirements
   FD 4.01 Authority.
   FD 4.02 Definitions.
   FD 4.03 Continuing education.
   FD 4.04 Approval of continuing education programs.
   FD 4.045 Qualifications for continuing education instructors.
   FD 4.05 Exemption.

Chapter FD 5 - Licensure by Reciprocity
   FD 5.01 Qualifications.
   FD 5.02 Application procedure.

Chapter FD 6 - Burial Agreements Funded With Lifd Insurance
   FD 6.01 Authority and purpose.
   FD 6.02 Definitions.
   FD 6.03 Registration requirements.
   FD 6.04 Change of employment.
   FD 6.05 Training requirements.
   FD 6.06 Approval of educational training programs.
   FD 6.07 Standards for burial agreements funded by lifd insurance proceeds.
   FD 6.08 Contractual standards for agents and operators of funeral establishments.
   FD 6.09 Requirements for terminating a burial trust.
   FD 6.10 Solicitation of prospective purchasers of burial agreements funded
with the proceeds of a life insurance policy.

Excerpts From the Rules of the Department of Regulation and Licensing

Chapter RL 1 - Procedures to Review Denial of an Application
   RL 1.01 Authority and scope.
   RL 1.03 Definitions.
   RL 1.04 Examination failure: retake and hearing.
   RL 1.05 Notice of intent to deny and notice of denial.
   RL 1.06 Parties to a denial review proceeding.
   RL 1.07 Request for hearing.
   RL 1.08 Procedure.
   RL 1.09 Conduct of hearing.
   RL 1.10 Service.
   RL 1.11 Failure to appear.
   RL 1.12 Withdrawal of request.
   RL 1.13 Transcription fees.

   Chapter RL 1 - Appendix I - Notice of Intent to Deny
   Chapter RL 1 - Appendix II - Notice of Denial

Chapter RL 2 - Procedures for Pleading and Hearings
   RL 2.02 Scope; kinds of proceedings.
   RL 2.03 Definitions.
   RL 2.035 Receiving informal complaints.
   RL 2.036 Procedure for settlement conferences.
   RL 2.037 Parties to a disciplinary proceeding.
   RL 2.04 Commencement of disciplinary proceedings.
   RL 2.05 Pleadings to be captioned.
   RL 2.06 Complaint.
   RL 2.07 Notice of hearing.
   RL 2.08 Service and filing of complaint, notice of hearing and other papers.
   RL 2.09 Answer.
   RL 2.10 dministrative law judge.
   RL 2.11 Prehearing conference.
   RL 2.12 Settlements.
   RL 2.13 Discovery.
   RL 2.14 Default.
   RL 2.15 Conduct of hearing.
   RL 2.16 Witness fees and costs.
   RL 2.17 Transcription fees.
   RL 2.18 Assessment of costs.
   RL 2.20 Extension of time limits in disciplinary actions against physicians.

   Chapter RL 2 - Appendix 1 - Notice of Hearing

Chapter RL 3 - Administrative Injunctions
   RL 3.01 Authority.
   RL 3.02 Scope; kinds of proceedings.
   RL 3.03 Definitions.
   RL 3.04 Pleadings to be captioned.
   RL 3.05 Petition for administrative injunction.
   RL 3.06 Notice of hearing.
   RL 3.07 Service and filing of petition, notice of hearing and other papers.
   RL 3.08 Answer.
   RL 3.09 Administrative law judge.
   RL 3.10 Prehearing conference.
   RL 3.11 Settlements.
   RL 3.12 Discovery.
   RL 3.13 Default.
   RL 3.14 Conduct of hearing.
   RL 3.15 Witness fees and costs.
   RL 3.16 Transcription fees.

   Chapter RL 3 - Appendix I

Chapter RL 4 - Department Application Procedures and Application Fee Policies
   RL 4.01 Authorization.
   RL 4.02 Definitions.
   RL 4.03 Time for review and determination of credential applications.
   RL 4.04 Fees for examinations, reexaminations and proctoring examinations.
   RL 4.05 Fee for test review.
   RL 4.06 Refunds.

Chapter RL 6 - Summary Suspensions
   RL 6.01 Authority and intent.
   RL 6.02 Scope.
   RL 6.03 Definitions.
   RL 6.04 Petition for summary suspension.
   RL 6.05 Notice of petition to respondent.
   RL 6.06 Issuance of summary suspension order.
   RL 6.07 Contents of summary suspension order.
   RL 6.08 Service of summary suspension order.
   RL 6.09 Hearing to show cause.
   RL 6.10 Commencement of disciplinary proceeding.
   RL 6.11 Delegation.

Chapter RL 7 - Impaired Professionals Procedure
   RL 7.01 Authority and intent.
   RL 7.02 Definitions.
   RL 7.03 Referral to and eligibility for the procedure.
   RL 7.04 Requirements for participation.
   RL 7.05 Agreement for participation.
   RL 7.06 Standards for approval of treatment facilities or individual therapists.
   RL 7.07 Intradepartmental referral.
   RL 7.08 Records.
   RL 7.09 Report.
   RL 7.10 Applicability of procedures to direct licensing by the department.
   RL 7.11 Approval of drug testing programs.

   Chapter RL 7 - Appendix I Consent for Release of Information

Chapter RL 8 - Administrative Warnings
   RL 8.01 Authority and scope.
   RL 8.02 Definitions.
   RL 8.03 Findings before issuance of an administrative warning.
   RL 8.04 Issuance of an administrative warning.
   RL 8.05 Request for a review of an administrative warning.
   RL 8.06 Procedures.
   RL 8.07 Transcription fees.

   Chapter RL 8 - Appendix I Department of Regulation and Licensing (Disciplinary Authority) Administrative Warning

Chapter RL 9 - Denial of Renewal Application Because Applicant is liable for Delinquent Taxes
   RL 9.01 Authority.
   RL 9.02 Scope; nature of proceedings.
   RL 9.03 Definitions.
   RL 9.04 Procedures for requesting the department of revenue to certify
whether an applicant for renewal is liable for delinquent taxes.
   RL 9.05 Denial of renewal.

Excerpts from the Rules of the Department of Health and Family Services

Chapter HFS 135 - Human Corspes and Stillbirths
   HFS 135.01 Purpose and authority.
   HFS 135.02 Definitions.
   HFS 135.03 Responsibility for notification of death.
   HFS 135.04 Removal from a hospital or nursing home.
   HFS 135.05 Preparation and funeral.
   HFS 135.06 Transportation and burial or other disposition.
   HFS 135.07 Disinterment.
   HFS 135.08 Pronouncement of death outside of a hospital or nursing home.
   HFS 135.09 Jurisdiction and duties of coroner or medical examiner.

Chapter HFS 136 - Embalming Standards
   HFS 136.01 Minimum embalming standards.
   HFS 136.02 Definitions.
   HFS 136.03 License or certificate required.
   HFS 136.04 Preparation of bodies prior to embalming.
   HFS 136.05 Embalming procedures.
   HFS 136.06 Treatment for advanced decomposition.
   HFS 136.07 Partial embalming.

Excerpts from the Rules of the Commissioner of Insurance

Chapter Ins 23 - Standards for Insurance Marketed to Fund Prearranged Funeral Plans
   Ins 23.01 Purpose.
   Ins 23.10 Definitions.
   Ins 23.20 General.
   Ins 23.25 Agent representation of affiliation.
   Ins 23.30 Requirements for funeral policies.
   Ins 23.50 Minimum standards for claims payments under a funeral policy.
   Ins 23.60 Requirements for advertisements of funeral policies.
   Ins 23.70 Marketing procedures.
   Ins 23.80 Suitability.
   Ins 23.90Solicitation and disclosure requirements.

Excerpts from the Federal Trade Commission

   453 Funeral Industry Practices

Excerpts from Occupational Safety and Health Administration, Labor

   S. 1910.1030 Bloodborne Pathogens
   S. 1910.1048 Formaldehyde
   S. 1910.1200 Hazard Communication

Last updated: July 23, 2009