WSR 07-18-030

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed August 28, 2007, 10:28 a.m. , effective September 28, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Establishes new rule guidelines for funeral director and embalmer interns, internships and intern sponsors and provides clarification for the transporting of human remains.

Citation of Existing Rules Affected by this Order: Amending WAC 308-48-010, 308-48-150, 308-48-160, and 308-48-800.

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

Adopted under notice filed as WSR 07-11-152 on May 22, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 4, Repealed 0.

Date Adopted: August 27, 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