CHAPTER 156 FUNERAL DIRECTORS ANDEMBALMERS by ggy86211

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									    Electronically scanned images of the published statutes.
 260,3               FU NER AL.,D IRECTORS A ND E MBA LMERS 156.03




                                                CHAPTER 156

                             FUNERAL DIRECTORS A ND EM B ALMERS
  15 6 ', 01 Definitions -                                   156 10 Term of apprenticeship
  1 56; 03 Powers of' ex am i ning board .                   156 . . 105 : Funeral establishment permits .
  15604 Funeral directors; licenses„                                       Register; change of address .
  156 045 Li cen se requir ement s.                         156
                                                            1 , 12 Prohibited practices
  156. . 0 5 :. Embalmers; ex amina tion f or lic ens e.     156 . : 125 Burial agreements.
  1 56 06 -Renewal of licenses'                             156 , 13 Investigations; heating ; revocation of licenses,;
  15607 ` IFestor at ion of licen ses                       156: 14 ' Funeral directors ; embalmers ; who to employ .
 1 56 ..08.- Reciprocity in iss uance of licenses           1 56,          Penalties .,
 15 6 09 Display of l i cen ses.                            156 . 16 Exceptions
 156095 Apprenticeship; fune ral directors and embalmers




 156. 01 Definitions . As used in this chapter :            registered funeral director under ss 156,01 to
    (1) "Department" means the department of                 156 .16 ; whose funeral establishment is located in
 regulation and licensing .                                 this state ; provided, that no person shall serve or
    (2) "Examining board" means the funeral                 attempt to serve as such apprentice funeral
 directors and embalmers examining board .                  director under any such funeral director until the
                                                            person has filed registration thereof' with the
    (3) A "funeral director " is a person engaged
                                                            examining board .
in or conducting, or, holding himself out, in whole
or, in part, as being engaged in-.                              (7) An "apprentice embalmer" is any person
     (a) Preparing, other than by embalming, for            engaged in the learning of the practice of
 the burial or disposal, or directing and super vis-        embalming under the instruction and personal _
 ing the burial or disposal of dead human bodies ;          supervision of a duly licensed and registered
                                                            embalmer under ss, 156 :01 to 156 ..16 ;' whose
     (c) Who shall, in connection with his name or
                                                            funeral establishment is located in this `state ;
 funeral establishment, use the words, "funeral             provided, that no person shall serve or attempt to
 director", "mortician" or any other title                  serve as such apprentice embalmer underr any
 implying that he is engaged as a funeral director          such embalmer until the person has filed a
 as defined in this subsection .                            registration thereof' with the examining board,
     (4) An "embalmer" is a person engaged in, or
 holding himself out as engaged in, the practice of            (8) A "field educator" is a person employed
 disinfecting or preserving dead human bodies,              by the department for the purpose of supervising
 entire or in part, by the use of chemical                  the apprentice funeral directors and embalmers
 substances, fluids or gases in the body, or, by the       of the state, inspecting funeral establishments
 introduction of same into the body by vascular, or        and performing such other dutiess as are
 hypodermic injection, or by direct application            assigned . The field educator shall be a licensed
 into the organs or cavities for the purpose of            embalmer in good standing and have .had at least
 preservation or disinfection,                             5 years of practical experience in embalming
                                                           dead human bodies. The position of field
    (5) A "funeral establishment" is any                   educatorr shall be, subject to subch . II of ch . 16 .
 building or part of a building used and held out to       The department upon recommendation of" the
the public as being used in the care and                   examining board may, if necessary, appoint
preparation for burial or transportation of dead           more than one field educator :
human, bodies or for holding or conducting of
funeral services . A funeral establishment must                (9) "Operator of funeral establishment"
contain :4 preparation room equipped with tile,            means any person who conducts, maintains,
cement or composition floor, necessary drainage            manages oroperates a funeral establishment .:
and ventilation and contain necessary instru-                  (10) "Person" includes firm, corporation,
ments and supplies for the preparation and                 partnership,- co-operative and associationn of
embalming of dead human bodies for burial,                 individuals..
transportation or, other disposition,                  History: 1975. c 39 ss 648m, 649, 649g, 732 (2) ; 19:75 c. .
    (6) An "apprentice funeral director" is any      199 ,
person engaged in the learning of the practice of
funeral directing under, the instruction and         156 .03 Powers of examining board . (1)
personal supervision of a duly licensed and The examining board shall :
                          Electronically scanned images of the published statutes.
 156 .03 FUNE RAL DIRECTORS AND E MBA L M ERS                                                                              2604

    (a) Enforce this chapter . In discharge of this         the United States . The fee for the license, if
 duty the field educator and other duly author-             granted, is $10 .
 ized employes of the department may enter at all              (4) Written and oral examinations for a
 reasonable hours for the purpose of inspecting             funeral director's license shall be held at least
 the premises in which the business of a funeral            once a year, to be conducted by the examining
 director is conducted or where embalming is    g           board at a time and place to be designated by the
 practiced .                                                board under the supervision of the examining
     (2) The examining board may :                          board . The examination shall include ' the
    (a) Make and enforce rules and regulations              subjects of funeral directing, burial or other,
 not inconsistent with this chapter establishing            disposition of dead human bodies, sanitary
professional and business ethics for the profes-
                            s                               science , public health, transportation , business
 sion of funeral di rectors and embalmers and for           ethics, together with the laws of the state and
 the general conduct of the business of funeral             rules of the department relating to communi-
 directing and embalming, and for the examina-              cable diseases, quarantine and causes ofdeath, .
                                                              History : 19 ' 71 c. 301 ; 1975 c . 39 ss , 653, 732 (2) ; 1975 c. .
tion and licensing of funeral directors and                 199 .
embalmers and the registration of apprentices .
    (b) Grant licenses to funeral directors and             156 . 045 License requirements . (1) To be
embalmers , certificates of .registration to ap-            eligible for an original funeral director's or
                                       s
prentices, and permits to operators of funer al             embalmer's license, after October 1, 1959, a
establishments.                                             person must meet all of the following require-
    (c) Conduct a school of instruction to apprise          ments :
funeral directors and embalmers of the most                    (a) Beat least 18 years of age;
recent scientific knowledge and developments                   (b) Be of good moral character and of
affecting thei r p r ofession . Qualified lecturers         temper ate habits ; :
and demonstrators shall be employed for this                   (c) Be a citizen of'the United States;
purpose, who may be selected without rega rd to                (d) Have completed 2 academic years of
the civil service law,
                                                            instruction in a recognized college or university,
    (d) Make and determine reciprocal agree-                in a course of'study approved by the examining
ments with other states .                                   board, or have equivalent education ;
  History:1971c 301 ;1975c . 39ss. b50,651,732(2)
   Rules authorized under (2) (a) should be enacted under      (e) Havee satisfactorily completed 9 months
ch 227 . . 63 Atty . Gen 154 ,                              or more instruction in a prescribed course in
                                                            mortuary science approved by the examining
 156. 04 Funeral directors ; licenses. (1)                  board at any time after having completed one
Thee business of` a funeral director' must be               year of'college work or equivalent education ;
conducted in a funeral establishment equipped                  (f') Have completed one year of apprentice-
for the care and preparation for burial or                  ship as prescribed in s . 156,095 at any time after
transportation of deadd human bodies, . What                having completed one year of college work or
shall be deemed "necessary equipment" shall be              equivalent education and either before or after
defined in the rules and regulations.                       taking the course in mortuary science required
   (2) No person shall engage in the business of            bypar . . (e) . .
a funeral director, or make a representation as                (g) Have successfully passed a compr`ehen-
engaged' in such business, in whole or in part,             sive examination conducted by the examining
unless first licensed as a funeral director by the          board as required by ss 156,04 and 156,05, but
examining board : Application for such license              such examination may be taken at any time after
(other than a renewal) shall be in writing and              completion of the college and mortuary school
verified on a form to be furnished by the                   instruction and regardless of the age of the
examining board . . The application must specify            applicant.
the address at which the applicant proposes to                  (2) The eligibility requirements in sub . . (1)
conduct the business of a funeral director and              shall not apply to
shalll contain such other information as the                   (a) Any person to whom a certificate of
examining board requires to determine compli-               apprenticeship was issued' before October 1,
ance with the requirements of this cfiapter . .             1959, and who satisfies the legal requirements in
Accompanying the application shall be an                    effect at the time of his registration ; or
examination fee of $30, together' with affidavits              (b) Any person who served activelyy in the
from at least 2 reputable freeholders of the                armed forces of the' United States between .
county in which the applicant resides or proposes           August 3, 1951, and October 1, 1959, and who
to conduct the business of a funeral director, to           was discharged= under conditions other than
the effect that the applicant is of good moral              dishonorable, registers with the examining board
character, of temperate habits, and a citizen of            within 6 months of the date of discharge, and
                         Electronically scanned images of the published statutes.
 2605                                                             FUNERAL DIRECTORS AND,; EMBA1 :61AERS 156. 08

 who satisfies the legal requirements in effect at                             956 .07 Restorat ion of licenses. A licensed
 the time the person entered the armed forces .                                funeral director or embalmer who fails to renew
   History: 1971 x213 s. 5.; . 19'71 c. 228 s . 44;1 : 9 '71, c 301,; 30 7;      s
                                                                              :his license may on application filed within 3
 1975 c 39ss 654,654n, 73 2 (2) ; 1975 c. 199
                                                                               years after the . ;expiration ; of his last license
                                                                               secure a renewal license without examination by
 X56.05 Embalmers ; examination for 117.                                      payment of a fee of $20 for, each year he was not
 cerise, (1) No person shall engage in or make a                               licensed or by examination and payment of the
 represeritaton 'as engaged in, the piactice of an                            fees as provided in ss . 156,04 and 15.6 . . 05 . . Any
 embalmer , unless licensed by the examining                                  licensed funeral director . or embalmer whose  r
 board '                                                                      license has lapsed 3 years or more may obtain a
     (3) Applications for the examination for an                              new license by examination and payment of the
 embalmer's license shall be ' in writing and                                 fees as provided ins , 156,04 or 156 ..05 . . The time
 verified on a blank to be prescribed and furn shed                                                            s
                                                                              limitations prescribed in this section shall not
 by the examining board, and be accompanied by                                include the service period -of a funeral director or
 such proof of compliance with the requirements                               embalmer: as an active member of the US,
 of this chapter and with such other information                              armed forces .
 as the ` examining board requires and shall, be
 accompanied by a fee of $30 . The fee for he                                   156 .08 Reciprocity in Issuance of li-
 license, if granted, is $10 .                                                 censes. (1) Any person holding a valid license
    (4) Written and oral examinations for an                                   as a funeral director or embalmer in another
embalmer's license shalll be held at least once a                              state having requirements substantially equal to
year, to be conducted by the examining; board at                               those in this .state may, . if -such state recognizes
                                                                                    e
a time .and place to be designated by the board                                licenses issued by the examining board, apply for
under the supervision of the examini ng board .                               ,a license to pt:actice ,in this state by f iling with the
The exam inations shall include the subjects of                                examining board a certified statement from the
anatomy, bacteriology, autopsy, chemistry,                                     secr0tary of the examining board of the state in
practical embalming ; sanitation ; public kiealth,                            which the applicant holds a l icense, showing the
business ethics, and the laws of this ' state and                              qualifications . upon which said license was
rules of the ' department ; of health and social                              granted, together with his or her recommenda-
services relating " to communicable diseases,                                  tion . Thereupon the examining board may upon
quarantine and causes of death ..                                              the payment of' the required :fee issue - such
   History: 1971 c 301 ; 1975 c 39 ss ' 655, 732 (2) ; 1975 c,
 199,                                                                          license
                                                                                   (2) Any person holding both a funeral
   156.06. . Renewal : of licenses . The examining                             director's ' and an embalmer's license in another
  board shall issue separate renewal licenses to                              state for 5 . years, or.. more, wh ich state does not
  funeral directors and to embalmers. All licenses                            have reciprocity with this state as to licensing of
  shall expire at the close of the calendarr year . A                         such practitioners, is eligible for , licensing as a
  renewal licensefor the, ensuing year shall be                               funeral , director - . and embalmer in this state
  issued to any licensed funeral director, or licensed                        p rovided that he :
  embalmer on payment of a ; r'enewal , fee of $10,                               (a) hat least 18 years of'. age, of good moral
  providing :the application is made prior to the                                         r
                                                                              cha racter and temperate habits, and a-citizen : of'
  close of the license year, - : and in- .,case the                           theUniteciStates;
  application is made after the close of the license                              (b) Has satisfactorily completed the college
  year; the renewal fee shall be $20 .. Before any                                                                       e
                                                                              ieguirements .yi n , effect at the t ime of making
  renewal license is'-delivered < to, any licensed                            application for sueh ,licenses~.under this chapter- ;
  funeral director ; .proof.: must be furnished by the                            (c) Presents a certificate                that he has
  applicant, to the satisfaction of the examining                             satisfactorily ,completed, 9 or more months in a
  board, that the, applicant is doing business :at a                          school of. mortuaiyseience ; .
  recognized-funeral establishment, except that i f                               (d) Has been a resident of Wisconsin for . 5 ; or
  such,, applicant is not doing business at - a                               more years prior to such application ; and
  recognized funeral establishment at the time of                                 (e) Satisfactorily passed an examination by
  application for a license, the applicant shall be
              n                                                               the examining board - on the , content .t of this
  givett~a certificate, without additional cost; to the                       chapter, the rules of the department of health '
  effect that the applicant is im` good standing as a                         and. -social >,services, - and . examining board
  funeral - director ; and 'shall 'be entitled to such                        goysrning ., the preparation ; _ embalming ; ; and
  renewal license . at any--time dur ing that: license                        tzansportation of . deceased remains, and the-vital
- year; , ;when located ° at a recognized funeral                             statistics pr ovisions per taining they eto .. . .:
  establishment, without payment of any addi-                                     (f) The purpose of this subsection is,to exempt
  tional,renewalfee .                                                         such applicants from the apprenticeship require-
  Histor y :1975 c 39 s 732 (2) ;1975 c. 199                                  ments of this, chapter .,
                       Electronically scanned images of the published statutes.
 156 .08 FU N ERA L DIRECTORS AND E MBALME R S                                  2606

     (4) (a) Applications for, the examination at a shall immediately notify the examining board,
 time and place to be arranged and conducted by giving the name and place of business of the
 the examining board for a reciprocal funeral embalmer or' funeral director, whose service the
director's or embalmer's license shall be in apprentice has entered . If, at any time there-
 writing and verified on a blank to be prescribed after-, such apprentice leavess the employ of the
 and furnished by the examining board, and be licensed embalmer oru funeral director whose
accompanied by such proof of compliance with service the apprentice has entered, such licensed
the requirements' for a reciprocal funeral embalmer or funeral director shall give such
director's or embalmer's license and with such apprentice an affidavit showing the lengthh of
other information as the examining board time served as an apprentice with that employer,
requires and shall be accompanied by a fee of"$ :30 and the work done in detail, which affidavit shall
for each application . The fee for each license, if be filed with the examining board and made a
granted, shall be as determined in par . (b) ., matter of record in that office, If such apprentice
    (b) At the time application for a reciprocal thereafter, enters the employ of'another licensed
license as a funeral director, or embalmer is embalmer or, funeral director in this state, the
made, the examining board shall determine the applicant shall forthwith report such employ-
total fees and charges which the licensing state of ment to the examining board,
the applicant would impose upon a Wisconsin (b) All apprentices under ss .156.01 to 15616
funeral director or embalmer for such a license shall be paid a minimum wage of at least $25 per
and such total fees and charges shall be the week .
reciprocal funeral directoar's or embalmer's (c) A certificate of apprenticeship issued as
license fee, less the $30 which accompanies each provided in this section shall be signed by the
application : But in no case shall the fee for a apprentice and .shall be renewable annually upon
reciprocal funeral director's or embalmer's the payment on January 1 of each year of a
license be less than the fee prescribed for an renewal fee of $5 . The examining board shall
applicant for an `original funeral director's or mail during the month of December of each ,year ;
embalmer's license. to each registered apprentice at the last known
  History: 1971 a 213 s . 5;1971 c 301 ;1975 a 39 ss 656, 657, address, a notice that the renewal fee is due, and
732(2) ;19'zsc .is9. that, if not paid by February l following, the
                                                              penalty for the lapse in renewal will be $1 in
156 .09 Display of licenses. Funeral direr- addition to such renewal fee
 tor's and embalmer's licenses and certificates of (d) All apprentices registered under this
 apprenticeship shall be displayed conspicuously section shalll be required to report to the
 in the place of business conducted by the licensee examining board monthly, and semiannually on
or' where the licensee or apprentice is employed . May 15 and November 15, upon forms provided
                                                      by the examining board . The monthly report
 156 .095 ' Apprenticeship, funeral direr - shall contain such information as the examining
 tots and ' embalmers . (1) (a)' A person board requic•es . Failure to submit the required
desiring to become an apprentice as a funeral reports shall constitute justification for- termina-
directo; or embalmer, shall make application on a tion of'the-apprenticeship .
 form provided for the purpose and must appear (e) The semiannual report must show the
before the examining, board, or, any duly number, :of hours served by the apprentice and the
appointed representative of the examining number of bodies the apprentice has assisted in
board. The application shall state that the embalming, of otherwise prepared for burial or
applicant is over 18 years of age, of temperate disposition during such period, the number of
habits, of good moral character, a citizen of the funeral services' at which thee apprentice has
United States, and holds a high school diploma assisted; and give such other information as may
or, possesses equivalent education as''defined by be required by the examining : board, The data
the examining board and has completed one contained in said report shall be certified to as
academic year of instruction in a recognized 'correct by the licensed embalmer or licensed
college or university in a course of study funeral director under whom the apprentice has
approved 'by ' the examining board or has served during such period, .
equivalent education, Such application must be          (2) (b) The term of a register-ed apprentice
substantiated by the oath of the applicant and be shall be recognized only when given employment
accompanied by a fee of $S . When the examining in a funeral establishment under- the personal
board is satisfied as to the qualification of an supervision of a licensed funeral director ; if an
applicant for apprenticeship, it shall issue a apprentice funeral director, or of a licensed
certificate of apprenticeship . When the appren- embalmer, if an apprentice embalmer
tice enters the employment of a licensed (c) Only one funeral director or -embalmer,
embalmer or funeral director, the apprentice apprenticeship shall be recognized by the
                    Electronically scanned images of the published statutes.
 ;2607                                           FUN ERAL DIRECTO R S AND EMBALMERS 156 .105

  examining board at any one establishment in a               time is extended under' th is chapter. Noncom-
                                                                                              s
  current year, that has had , in case of a funeral pli ance with this subsecti on terminates the right
  director apprenticeship, less than 150 funeral to see ve as an apprentice
  services or ; prepared less than 150 bodies for                 (2) In all applications of apprent ices f 'or,
  burial or shipment du ring the preceding year , licenses as funeral directors or embalmers under
  other than by embalming, or , in case of an ss . - 156:.01 to 15 :6 . 16 , the eligibi lity of' the
                                                    0
  embatmer, apprenticeship, less than 150 em- applicant to: take the examination . shall be
  balming operations dur ing the preceding yea r . .          determined by the , records filed with the
        (d) The examining board may recognize a               examining board,,
  second funeral director or embalmer app rentice-                (5) The term for app;enticeship in embalm-
  ship at a funeral establishment during the                 ing and the term for apprenticeship in funeral
  current year, that has had, in case of a funeral directing may be served concurrently .
  director , :apprenticeship, 150 funerals or more                (6) The examini ng board may suspend or
  andha's prepared 1> 50 bodies or more for burial or        revoke a " certificate of' apprenticeship for
  shipment during the preceding year (other than violation of any pi ovisionof ss : 156 . O.1 to 156 : . 1: 6:.
  embalming), provided that full-time employ-  e                  (7) An' apprentice who has allowed : a
  ment is given to at least 2 licensed funeral certificate of appr enticeship to lapse or who has
  directors at such funeral establishment, or that had an apprenticeship suspended or revoked,
  has had , in case of an embalmer apprenticeship,           may within one year after , such lapse or
  in excess of 150 embalming operations during suspension or revocation make application for
 the preceding . year, ` provided that full-time reregistration ; but not ` inane than 2 such
  employment is , given to at least 2 ' licensed r eregistrations shall be allowed by the examining
 embalmers at such funeral establishment                     board . The examining ' board may, at its
                                                             discretion ; allow an apprentice credit under , a
        (4) Before such apprentice shall be eligible to
                                                            -registration for the time actually served under- a
 receive a license to practice embalming or
                                                             pr evious registration ; provided, that if ' the
 funeral directing, the apprentice shall present, in
                                                             previous registration has been suspended or '
 connection with the other ' evidence required by
                                                             revoked for cause, not more than 75 % of the
 ss . . 156 , ; 01 to 156.16, affidavits from the several
 licensed embalmers or licensed funeral directors time previously served shalll be credited on the
                                                             reregistration:
 under whom the apprentice has worked, showing                  History:1935.c 39s 732(2) ;19'75c 199 ,
 that the apprentice has assisted in embalming for
 burial or        , shipment , at least 25 bodies , if an
                                                             156 .105 Funeral establishment permits.
 embalmer ' s apprentice ; or that the apprentice (1) No person shall : conduct, maintain , manage
 has assisted a licensed funeral director in                or operate a funeral establishment unless a
 preparing 25 dead human bodies for ` bur ial or permit for' each such establishment has been
 transportation (other than by embalming) and issued by the .examining --board and is con-
 assisted in at least 25 funeral services, during the spicuously displayed in such funeral establish-
 apprenticeship, if a funeral drector 's apprentice : ment „ In case of f 'unera'l services held in any
 This work must all have been done within 4 years           private residence ; church, or lodge: hall, no
from the date of registering as an apprentice. permit shall be required                                 _
Provided, however, that such time may be                         (2) No permit to operate a funeral establish-
extended by the examining board for, good. cause ment shall be issued by the examining board
                                                                         l
shown ;' not to exceed ' one additional ` year The unless each such funeral . establishment has in
provisions of this- section shall-be suspended for charge, full time therei n, a ; ;licensed . funeral
such period -As a registered apprentice may be an director
active member of the militar y or naval forces of                (3) Applications for such funeral establish-
the United States                                          ment permits shalll be made on blanks furnished
    History:1971 c 164,228;1975c . 39s 732(2) ;1975c 199.: by the examining board : and filed with the
                                                           examining board on or before July l -of each year
156 .10 Term of apprenticeship. (1) The                    and shall be accompanied by a fee ° of' $20 if the
t erm of an apprenticeship for; either funeral             application, i s made prkor to the close of the
director or embalmer shall begin on thedate of             license ,year, .and if the application is made after
z egis tration and terminate after . a period of , not     the close of the license year, the renewal fee shall
m or e than , 4 years from the time of fist                be $40 All such permits- shall expire on June 30
re gistration unless the time is extended under            of each ,year
this chapter . A register ed apprentice must make               (4) Violations of' ss 156 0 1 to 1 -56 . . 16- or any
application for license and must appear before             rules ;or regulations of -, the examining board
the examining boa rd for examination within 4              committed by, any pe r son ; or an officer, agent or
years from thedate of, registratjon unless the             employe with the knowledge or', consent of any
                              Electronically scanned images of the published statutes.
156 .105 FU N ERAL DIRECTO R S AND EM BALMERS                                                                        2608

person operating such funeral establishments                           director or licensed embalmer to solicit member-
shall be considered sufficient cause for suspen-                       ships or sell stock or memberships in any
sion or revocation of such funeral establishment                       association organized under chapter 185 .
permit .                                                                  (4) No licensedd funeral director, licensed
   (5) No operator' of a funeral establishment                         embalmer or operator of a funeral establishment
shall allow any licensed funeral director to                           shall publish, or cause to be published, any false,
operate out of such funeral establishment unless                       misleading or fraudulent advertisement, of take
such licensed funeral director is the operator of                      undue advantage of `patrons or commit any
or an employe of the operator of a funeral                             fraudulent act in the conduct of business, or do
establishment which has been granted a permit                          any other act not in accord with the rules
by the examining board.                                                established by the department of health and
   History: 19 75 c .39 s, 732(2) :                                    social services and the examining board and not
    Licensing requirements prohibit operators of funeral               in accord with proper; business practice as
establishments from allowing free-lance funeral direction . The
statute does not, prohibit operation of 2 establishments from          applied to the business or profession of funeral
one location not regular use of a church for funeral services . . 60   directing and embalming .
Atty. Gen. ;147 .                                                         (5) Any licensed embalmer or licensed
                                                                       funeral director who knowingly permits any
156. 11 Register, change of address . (1)                              person not licensed as an embalmer to embalm or,
The examining board shall keep register of the                         prepare for burial any body under his jutisdic-
names and business address of all persons .s to                        tion, or who permits any person not licensed as a
whom licenses or, certificate of registration are                      funeral director to hold or conduct any funeral
issued underr this chapter, the number and date of                     service for which he is responsible, or who
each license or certificate, and date of renewal                       permits any person not licensed as an embalmer,
Biennially the examining board shall supply all                        or funeral director, to remove any dead human
licensed funeral directors and embalmers and all                       body from any home, hospital or institution for
transportation companies in the state with a list                      preparation, or who permits any person under his
of all licensed funeral directorsand embalmers,                        supervision or associated with him to violate the
with business address and license numbers.                             provisions of this chapter, shall be guilty of
   (2) Any licensedd funeral director, licensed                        violatingg the provisions of this chapter and
embalmer or registered apprentice shall within                         subject to the penalties provided therein .. The
20 days notify the examining board of a change                         foregoingg provisions shall not be construed as to
of address. A notice is not required of any such                       restrict the activities of a duly registered
person while an active member of the military or                       apprentice operating underthe supervisionn of a
naval forces of the United States ..                                   licensed embalmer or licensed funeral director ..
   H is tory : 1975c ', 39x.'732(2) ;1975c.1199                           (6) No licensed funeral director, licensed
                                                                       embalmer, or operator of a funeral establish-
 156. 12 Prohibited practices . (1) No em-                             ment shall operate a mortuary or, funeral
balmer shall embalm a dead human body when                             establishment located within the confines of, or
he has information reasonably indicating crime                         connected with, any cemetery.. No licensed
in connection with the cause of death, until                           funeral director or licensed embalmer or, his or
permission of the coroner or medical examiner                          her employe shall, directly or indirectly, receive
has first been obtained .                                              or accept any commission, fee, remuneration or
    (2) No licensed embalmer shall sign a                              benefit of any .y kind from any cemetery,
certificate statingg that he has embalmed or                           mausoleum or crematory or from any proprietor,
prepared a deadhuman body, when in fact, some                          or agent thereof in connection with the sale or
other person embalmed or prepared said dead                            transfer of any cemetery lot, entombment vault,
human body ; provided, that this subsection shall                      burial privilege or cremation, nor act, directly or
not be construed as preventing a registered                            indirectly, as a broker or jobber of any cemetery
apprentice embalmer- assisting the licensed                            property or interest therein,
embalmer from so cec tifying .                                            (7) No licensed funeral director, licensed
  " (3) No licensed funeral director, licensed                         embalmer or operator of'a funeral establishment
embalmer or operator of a funeral establishment                        shall sell or cause to be sold any shares of stocks,
shall, directly or indirectly, solicit a funeral                       certificates of membership or any other form of
service or, the right to prepare a'dead human                          certificate which provides for any burial benefit
body for burial or transportation either before or                     or any rebate at the time of death to the holders
after death has occurred, or pay or cause to be                        thereof,
paid' any sum of money or other valuable                                 History: 1973 c 272 ;19'75 c 39,199
consideration for the securing of the right to do
such work ; but nothing herein shall inter'f'ere                       156 . 125 Burial agreements . (1) Whenever
with the fight of any person not a licensed funeral                    any person, referred to in this section : as the
                Electronically scanned images of the published statutes.
 2609                                          FUNERAL DIRECTORS AND EMBALMERS 1 56.14

  depositor, makes an agreement with a fune ral          comply with ch : 223 to accept and disburse
  director, cemetery organization or any other           deposits under this section .
 person referred to in this section as the                   (4) This section shall not apply to any
  beneficiary, for the final disposition of the body     contract to provide funeral and burial service for
  of a person referred to in this section as the         any person if' such contract is incidental to
  potential decedent, wherein the use of personal        maintaining such person in a home,, hospital or
  property under a prearr anged funeral plan or the      institution .
  furnishing of services of a funeral dir ector or         History : l9'13 c 22'1 .
  embalmer in connection therewith is not
 immediately required, all payments made under            156 .13 Investigations ; hearing ; revoca -
 the agreement shall be and remain trust funds ,         tion oflicenses. (1) The examining board may
 including interest and dividends if any , until         make investigations, subpoena witnesses, con-
 occurrence of the death of the potential                duct hearings, suspend or revoke licenses of
 decedent, unless the funds are sooner released          funeral directors and embalmers, certificates of'
 upon demand to the depositor, after wr itten            registration of apprentices, and permits of
 notice to the beneficiary .. Nothing in this section    operators of funeral establishments for commis-
 shall prevent the sale and delivery of cemeter y        sion of any crime involving moral turpitude, any
 lots , graves, crypts, niches, columbaria or grave      violation of this chapter or of any rule of the
 or lot markers o r monuments before their use is        department of health and social services and the
 required .                                              examining board, or, unprofessional conduct,
     (2) All such trust funds shall be deposited         including misrepresentation or fraud in obtain-
 with a bank or : t rust company within the state        ing the license, permit, or certificate of
 whose deposits are insured by the federal deposit       registration .
 insurance corporation , invested in a savings and           (2) No order revoking a license, certificate of
 loan association within the state whose shares          registration, or permit shall be made until after a
 are insured by the federal savings and loan             public hearing conducted by the examining
 insurance corporation or invested in a credit          board . .
 un ion within the state whose savings are insured           (3) At least 10 days prior to the date of
 b y the Wisconsin credit union share insurance         hearing, the examining board shall send written
 corporation and shall be held in a separate            notice of the time and place of'such hearing to the
 account in the name of the depositor, in trust for     complainant, and to the party complained
 the beneficiary until the trust fund is released       against and to their respective attorneys or
 under either of the conditions provided in sub . .     agents of'record, by mailing the same to the last
 (I), In the event of the death of the depositor        known address of such persons .
before the death of the potential decedent , title to       (4) The testimony presented and proceedings
such funds shall vest in the potential decedent,        had at such hearings shall be taken in shorthand,
and the funds shall be used for the personal            transcribed and preserved as records of the
property and services to be furnished under the         examining board . . The examining board shall as
contract for the funeral of the potential               soon thereafter as possible make its findings in
decedent .. The depositor shall be furnished with a     determination thereof, and send a copy to each
copy of the receipts, certificates or other             interested party .
appropriate documentary evidence showing that               (5) The examining board shall determine
the funds have been deposited or, invested in
                                                        whether to revoke or suspend any license, permit
                       s
accordance with this section .. The depositor or
                                                        or certificate of registration, after the public
the beneficiary shall furnish the bank, trust
                                                        hearing .
company, savings and loan association of credit           History: 1975c, 39ss .657j,657o,'732(2) .
union with a copy of the contract . Upon receipt
of a certified copy of the certificate of death of
the potential decedent, together ' with the written      156 .14 Funeral directors ; embalmers ;
                                                        who to employ. No public officer, employe or
statement of the beneficiary that the agreement
                                                        officer of any public institution, physician or
was complied with, the bank, trust company,
                                                        surgeon shall send, or cause to be sent, to any
savings and loan association or cr edit uni on shall
                                                        funeral director, mortician or embalmer, the
release such trust funds to the beneficiary .
                                                        corpse of any deceased person, without having
   (3) The payment pursuant to this section of          first made due inquiry as to the desires of the next
such fund and any interest or dividends which           of kin, or anyy persons who may be chargeable
may have accumulated shall relieve the bank,            with the funeral expenses of such deceased
trust company, savings and loan association or,         person, and if any such kin or person be found, his
credit union of any further liability for such          authority or direction shall be received as to the
funds, inte rest or dividends . A bank need not         disposal of such corpse,
                          Electronically scanned images of the published statutes.
156.15 FUNERAL DIRECTORS- AND- EMBALMERS                                                           261:0

 156. 15 Penalties . (1) Any person violating       156. 16 Exceptions . No provision of this
any provision of this chapter of any rule of the chapter shall apply to, or in any way interfere
department of health and social services and the with the duties of any officer of any public
examining board relating to its subject matter, institution, nor with the duties of'any officer of a
shall be:"fined not less than $50 nor' more than medical college, county medicall society,
$200, or,'impr•isoned not less than 30 days nor anatomical association, accredited college of
more than 3 months . embalming or any other recognized person
    (2) A funeral director who fails to file a death carrying out thee provisions of the sections of the
certificate and obtain burial permit before statutes prescribing the conditions under which
inter ring, depositing in vault or' tomb, cremating indigent dead human bodies are held subject for
or' "otherwise disposing of a dead human body, anatomical study ; nor withh the customs or rites of
upon being convicted and fined for a second anyy religious sect in thee burial of their' dead .
offense, shall have his license at once revoked,
and he shall not be reI censed for at least one year
and only after a regular examination . .
  Hist6ry:'1475 e. . 39

								
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