Effective Date of Rule: Thirty-one days after filing.
Purpose: Creates a new section of WAC establishing a certificate of registration for retired licensees that clarifies the privileges and restrictions under the registration. Amends WAC 308-48-010 by providing clarification of "In its employ" as used in RCW 18.39.148.
Citation of Existing Rules Affected by this Order: Amending WAC 308-48-010.
Statutory Authority for Adoption: RCW 18.39.175 and chapter 34.05 RCW.
Adopted under notice filed as WSR 08-17-121 on August 20, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 23, 2009.
Joe Vincent Jr.
AMENDATORY SECTION(Amending WSR 07-18-030, filed 8/28/07, effective 9/28/07)
WAC 308-48-010 Definitions. For the purpose of these rules, the following term will be construed as follows:
"Embalmer intern" is a person engaged in the study and supervised practical training of embalming under the instruction of a qualified sponsor.
"Funeral director intern" is a person engaged in the study and supervised practical training of funeral directing under the instruction of a qualified sponsor.
"In its employ" as used in RCW 18.39.148 will include personnel who are employed on a part-time basis as well as personnel who are employed on a full-time basis and be in service at a specific location and involved in the execution of the daily activities of the business.
"Internship" means a course of required practical training, for a specified period of time, as a prerequisite for obtaining a license to practice the profession of funeral directing or embalming.
[Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. 07-18-030, § 308-48-010, filed 8/28/07, effective 9/28/07; 07-03-027, § 308-48-010, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). 02-19-019, § 308-48-010, filed 9/9/02, effective 10/10/02; 86-15-022 (Order PM 604), § 308-48-010, filed 7/11/86. Statutory Authority: RCW 18.39.175. 83-04-020 (Order PL 419), § 308-48-010, filed 1/26/83; Rule 1, filed 9/17/64.]
(1) Applications. Those persons wishing to obtain the status of a retired registration shall complete an application form, as provided by the board, and pay the required application fee. The retired status would become effective upon the filing of a complete application.
(2) Privileges. In addition to the waiver of the renewal fee and continuing education, a retired registrant is permitted to:
(a) Retain and display the board-issued wall certificate of registration;
(b) Use the title funeral director and/or embalmer, provided that it is supplemented by the term "retired";
(c) Offer consultant services relative to funeral directing and embalming;
(d) Provide references for persons seeking licensure under 18.39 RCW;
(e) Serve as a volunteer in an instructional capacity on funeral directing and/or embalming topics; and
(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to funeral directing and/or embalming work performed by the registrant prior to being granted a retired registration.
(3) Restrictions. A retired registrant is not permitted to: Perform any duties of a funeral director and/or embalmer on a full-time, part-time or occasional basis.
(4) Certificate of registration reinstatement. A retired registrant, upon written request to the board and payment of the current renewal fee, may resume active practice as a funeral director and/or embalmer. At that time, the retired registrant shall be removed from retired status and placed on valid/active status in the records of the board.
(5) Exemptions. Under no circumstances shall a registrant be eligible for a retired certificate of registration if his/her license(s) has been revoked, surrendered, or in any way permanently terminated by the board under chapter 18.39 RCW. Registrants who are suspended from practice and/or who are subject to terms of a board order at the time they reach age sixty-two, shall not be eligible for a retired registration until such time that the board has removed the restricting conditions.