Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-06-001.

     Title of Rule and Other Identifying Information: The board of funeral directors and embalmers is proposing changes to WAC 308-48-010 Definitions.

     The board is proposing adding new section WAC 308-48-015 Retired status certificate of registration.

     Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard, Conference Room 209, Olympia, WA 98502, on September 29, 2008, at 9:00 a.m.

     Date of Intended Adoption: October 14, 2008.

     Submit Written Comments to: Sherri Lonsbery, P.O. Box 9012, Olympia, WA 98507-9012, e-mail slonsbery@dol.wa.gov, fax (360) 570-7098, by September 26, 2008.

     Assistance for Persons with Disabilities: Contact Erica Hansen by September 26, 2008, TTY (360) 664-8885 or (360) 664-6597.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-48-010 by providing clarification of "In its employ," as used in RCW 18.39.148.

     Creates a new section of WAC establishing a certificate of registration for retired licensees that clarifies the privileges and restrictions under the registration.

     Reasons Supporting Proposal: To add clarity to rule language and establish a certificate of registration for retired licensees that clarifies the privileges and restrictions under the registration.

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

     Statute Being Implemented: RCW 18.39.175 and chapter 34.05 RCW.

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

     Name of Proponent: Department of licensing, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Dennis McPhee, Olympia, (360) 664-1555; and Enforcement: Joe Vincent Jr., Olympia, (360) 664-1386.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department of licensing (DOL) is exempt from this requirement.

     A cost-benefit analysis is not required under RCW 34.05.328. DOL is not one of the named agencies to which this rule applies. Agencies that are not named can apply this rule to themselves voluntarily. DOL has chosen not to do this.

August 19, 2008

Joe Vincent, Jr.

Administrator

OTS-1462.1

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.

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