WSR 07-11-152

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 22, 2007, 3:54 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-20-092.

Title of Rule and Other Identifying Information: Funeral directors and embalmers, establishes new sections for intern and internship guidelines; and amends WAC 308-48-010 and 308-48-800.

Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard S.W., Conference Room 209, Olympia, WA 98507, on July 18, 2007, at 1:30 p.m.

Date of Intended Adoption: August 20, 2007.

Submit Written Comments to: Dennis McPhee, P.O. Box 9012, Olympia, WA 98507, e-mail dmcphee@dol.wa.gov, fax (360) 664-1495, by June 20, 2007.

Assistance for Persons with Disabilities: Contact Joe Vincent Jr. by June 20, 2007, TTY (360) 586-2788 or (360) 664-1555.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule proposal establishes guidelines for funeral director and embalmer interns, internships and intern sponsors; amends WAC 308-48-010 Definitions and 308-48-800 Examination fees and provides clarification for the transporting of human remains.

Reasons Supporting Proposal: No internship guidelines have been developed since the implementation of the internship program under RCW 18.39.120, other than course of training requirements.

Statutory Authority for Adoption: RCW 18.39.175, chapter 34.05 RCW.

Statute Being Implemented: Chapter 18.39 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule proposal has little fiscal impact to the regulatory program. Initial implementation may require additional examinations.

Guidelines are necessary to establish definitions for interns and internships; term limits for intern training; minimum age requirements; guidelines for sponsors of interns; examinations; and leave of absence from the internship program. The proposal also provides clarification for the transporting of human remains.

Name of Proponent: Department of licensing, board of funeral directors and embalmers, governmental.

Name of Agency Personnel Responsible for Drafting: Dennis McPhee, 405 Black Lake Boulevard, Olympia, WA 98507, (360) 664-1555; Implementation and Enforcement: Joe Vincent Jr., 405 Black Lake Boulevard, Olympia, WA 98507, (360) 664-1555.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No additional costs are imposed on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Proposal has no economic impact.

May 22, 2007

Joe Vincent Jr.

Administrator

OTS-9757.3


AMENDATORY SECTION(Amending WSR 07-03-027, filed 1/5/07, effective 2/5/07)

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.

"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. 07-03-027, 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.]


AMENDATORY SECTION(Amending WSR 07-03-027, filed 1/5/07, effective 2/5/07)

WAC 308-48-150   Course of training -- Funeral director intern.   (1) For the purposes of RCW 18.39.035, the term "one year course of training" shall include assisting a licensed funeral director in coordinating all aspects of at least twenty-five arrangements for funeral, memorial and/or final disposition services for human remains.

(2) The term "one year" shall consist of at least eighteen hundred hours of employment and cannot be completed in a period of time less than one calendar year.

(3) Registered funeral director interns shall provide a quarterly report to the board on a form supplied by the board containing information relating to the arrangements, services, final dispositions, and other duties of a funeral director the intern has assisted with or performed during the required term of internship.

(4) Licensed sponsors shall provide a quarterly report to the board on a form supplied by the board showing the progress of the intern toward the skill level required to work independently.

(((5) Registered apprentice funeral director interns may receive training from their sponsor and other licensed funeral directors as approved by the sponsor.))

[Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. 07-03-027, 308-48-150, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). 97-21-062, 308-48-150, filed 10/14/97, effective 11/14/97; 86-15-022 (Order PM 604), 308-48-150, filed 7/11/86; Order PL-259, 308-48-150, filed 12/7/76; Order PL 122, 308-48-150, filed 5/9/72.]


AMENDATORY SECTION(Amending WSR 07-03-027, filed 1/5/07, effective 2/5/07)

WAC 308-48-160   Course of training -- Embalmer interns.   (1) For the purposes of RCW 18.39.035, the term "two year course of training" shall include the embalming of at least fifty human remains under the supervision of a licensed embalmer.

(2) The term "two year" shall consist of at least thirty-six hundred hours of employment and cannot be completed in a period of time less than two calendar years.

(3) Registered embalmer interns shall provide a quarterly report to the board on a form supplied by the board containing information relating to the embalmings the intern has assisted with or performed during the required term of internship.

(4) Licensed sponsors shall provide a quarterly report to the board on a form supplied by the board showing the progress of the intern toward the skill level required to work independently.

(((5) Registered apprentice embalmer interns may receive training from their sponsor and other licensed embalmers as approved by the sponsor.))

[Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. 07-03-027, 308-48-160, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). 97-21-062, 308-48-160, filed 10/14/97, effective 11/14/97; 86-15-022 (Order PM 604), 308-48-160, filed 7/11/86; Order PL-259, 308-48-160, filed 12/7/76; Order PL 122, 308-48-160, filed 5/9/72.]


AMENDATORY SECTION(Amending WSR 07-03-027, filed 1/5/07, effective 2/5/07)

WAC 308-48-800   Funeral director/embalmer fees.   The following fees shall be charged by the professional licensing division of the department of licensing:
Title of Fee Fee
Embalmer:
State examination or reexamination $100.00
Renewal 70.00
Late renewal penalty 35.00
Duplicate 15.00
Embalmer intern:
Intern application 75.00
Application for examination 100.00
Intern renewal 45.00
Duplicate 15.00
Funeral director:
State examination or reexamination 100.00
Renewal 70.00
Late renewal penalty 35.00
Duplicate 15.00
Funeral director intern:
Intern application 75.00
Application for examination 100.00
Intern renewal 45.00
Duplicate 15.00
Funeral establishment:
Original application 300.00
Renewal 150.00
Branch registration 250.00
Branch renewal 150.00
Preneed application 140.00
Preneed renewal:
0-25 sales 25.00
26-99 sales 75.00
100 or more sales 125.00
Crematory endorsement registration 140.00
Crematory endorsement renewal

3.20 per cremation performed

during previous calendar year.

Academic intern No fee
Certificate of removal registration:
Application 30.00
Renewal 15.00

[Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. 07-03-027, 308-48-800, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.181 and chapter 34.05 RCW. 05-20-076, 308-48-800, filed 10/4/05, effective 11/4/05. Statutory Authority: RCW 18.39.050. 03-11-021, 308-48-800, filed 5/12/03, effective 6/30/03. Statutory Authority: RCW 18.39.181. 99-16-040, 308-48-800, filed 7/29/99, effective 8/29/99. Statutory Authority: RCW 18.39.175(4). 98-21-056, 308-48-800, filed 10/19/98, effective 11/19/98; 91-11-023, 308-48-800, filed 5/7/91, effective 6/7/91; 91-01-006, 308-48-800, filed 12/6/90, effective 1/6/91. Statutory Authority: RCW 43.24.086. 90-07-024, 308-48-800, filed 3/14/90, effective 4/14/90; 87-10-028 (Order PM 650), 308-48-800, filed 5/1/87.]


NEW SECTION
WAC 308-48-840   Funeral director and embalmer interns.   (1) Registration as a funeral director intern or embalmer intern shall not exceed a time period of five years from the date of initial registration. Following completion of the internship program:

The registration for internship will not be renewed.

The intern must qualify for licensure as a funeral director, embalmer or funeral director and embalmer.

(2) Interns must be eighteen years of age and registered under the sponsorship and supervision of a licensed funeral director, embalmer or funeral director and embalmer.

(3) Interns whose job duties require that they perform work at multiple funeral establishment locations may do so and receive training from their sponsor and other licensees as approved by the sponsor.

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NEW SECTION
WAC 308-48-850   Intern sponsors -- Qualifications, limitations and responsibilities.   Licensees who supervise interns:

Must be working and located in the same licensed establishment as the intern, provided: Sponsors may permit interns to perform work at multiple funeral establishment locations if required by their job duties.

Each sponsor can supervise a maximum of three interns.

Sponsors of funeral director interns must have a minimum of one year of practical experience as a licensed funeral director in the state of Washington.

Sponsors of embalmer interns must have a minimum of one year of practical experience as a licensed embalmer in the state of Washington.

Sponsors are responsible for work performed by interns registered under the supervision of the sponsor.

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NEW SECTION
WAC 308-48-860   Registered intern examination.   (1) Interns registered prior to January 1, 2004, can maintain registration as an intern and not be subject to the five-year limitation, provided:

The registered intern passes an examination in funeral service law and public health within three years of the effective date of this rule.

The intern maintains a current, valid and nonexpired intern registration with the board.

Registered interns will not be eligible for examination under this section if the intern leaves the funeral service profession and reactivates the internship registration at a later date.

(2) Registered intern examinations shall be held by the director at least once each year for a period of three years from the effective date of this rule. The director will designate the time and place of the examination. An application for examination shall be filed with the director at least fifteen days prior to the examination date. The department will provide each applicant a written notice of the time and place of the next examination. The applicant will be deemed to have passed the examination if the applicant attains a grade of not less than seventy-five percent. Applicants qualified for examination shall:

Have three opportunities to take and pass the examination;

Pay a fee, determined by the director, for each examination.

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NEW SECTION
WAC 308-48-870   Leave of absence -- Interns.   A leave of absence from internship requirements may be granted by the board with the following provisions:

The intern submits an appeal to the board for a leave of absence.

The intern is enlisted in military service of the United States or called to active duty in the United States armed forces and resumes internship within one year of release from military service.

The intern is enrolled as a full-time student in a funeral service education program accredited by the American Board of Funeral Service Education (ABFSE).

The board reserves the right to make a determination to waive internship requirements for extenuating circumstances.

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NEW SECTION
WAC 308-48-880   Transporting of human remains.   For the purpose of RCW 18.39.010(1), the board has determined that transportation of human remains may be performed by unregistered persons who are employed by licensed funeral establishments.

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Washington State Code Reviser's Office