WSR 97-16-062

PROPOSED RULES

DEPARTMENT OF LICENSING

(Board of Funeral Directors and Embalmers)

[Filed August 1, 1997, 10:54 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 95-22-002.

Title of Rule: Course of training--Apprentice funeral director and apprentice embalmer.

Purpose: To amend WAC 308-48-150 and 308-48-160 to include a requirement that apprentices and their sponsors report to the board the training that has taken place.

Statutory Authority for Adoption: RCW 18.39.175(4).

Statute Being Implemented: Chapter 18.39 RCW.

Reasons Supporting Proposal: The present statute and rules do not identify any reasonable apprentice training requirements. Rules are needed to address such things as: Skill level before working independently; training report forms and reporting periods; identify duties the training is to address; and responsibilities of both apprentice and sponsor.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jon Donnellan, Administrator, Department of Licensing, 405 Black Lake Boulevard, Olympia, (360) 586-4905.

Name of Proponent: Board of Funeral Directors and Embalmers, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The board feels there is a need to develop rules that address:

Attaining an appropriate skill level before working independently;

Identify professional duties for training;

Require completion of report forms by the apprentice and sponsor;

Address the accountability of the apprentice and sponsor;

Responsibilities of the sponsor.

This will provide a better measure for determining the level of training received by the apprentice.

Proposal Changes the Following Existing Rules: This rule identifies training and reporting requirements which are missing in current rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Funeral Directors and Embalmers has determined there is no impact to small business as a result of this rule. Reporting costs to the firm are determined to fall below the threshold (less than $165) of minor and negligible impact per BAC's Table of Minor and Negligible Impacts, 1993.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Department of Licensing is exempt from this statute.

Hearing Location: Holiday Inn (Ballroom "C"), 800 Rainier Avenue South, Renton, WA 98055, (425) 226-7700, on September 18, 1997, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Jon Donnellan by telephone, TDD (360) 586-2788, or (360) 586-4905.

Submit Written Comments to: Jon Donnellan, Administrator, Funeral and Cemetery Unit, P.O. Box 9012, Olympia, WA 98507-9012, (360) 586-4905, FAX (360) 664-2550, by September 11, 1997.

Date of Intended Adoption: September 18, 1997.

August 1, 1997

Jon Donnellan

Administrator

AMENDATORY SECTION (Amending Order PM 604, filed 7/11/86)

WAC 308-48-150 Course of training--Apprentice funeral director ((apprentice)). (1) For the purposes of RCW 18.39.035, the term "one year course of training" shall include assisting a licensed funeral director in ((conducting)) coordinating all aspects of at least twenty-five ((funerals and assisting in the burial and/or final disposition of at least twenty-five)) arrangements for funeral, memorial and/or final disposition services for human ((bodies)) 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 apprentice funeral directors shall report to the board on a form supplied by the board, not more than quarterly, information relating to the arrangements, services, final dispositions and other duties of a funeral director the apprentice has assisted with or performed during the required term of apprenticeship.

(4) Licensed sponsors shall report to the board on a form supplied by the board, not more than quarterly, the progress of the apprentice toward the skill level required to work independently.

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

[Statutory Authority: RCW 18.39.175(4). 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 Order PM 604, filed 7/11/86)

WAC 308-48-160 Course of training--Apprentice embalmer(('))s ((apprentice)). (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 ((bodies)) 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 apprentice embalmers shall report to the board on a form supplied by the board, not more than quarterly, information related to the embalmings the apprentice has assisted with or performed during the required term of apprenticeship.

(4) Licensed sponsors shall report to the board on a form supplied by the board, not more than quarterly, the progress of the apprentice toward the skill level required to work independently.

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