Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO.: RULE TITLE:
69K-18.002: Funeral Director Intern Training Program.
PURPOSE AND EFFECT: This rulemaking action implements changes to Chapter 497, Florida Statutes, as enacted by the Florida legislature in Chapter 2010-125, Laws of Florida. The rule specifies procedures and forms to be used in regard to applications for and conduct of funeral director internships under Section 497.375, F.S. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services at its monthly meeting on December 2, 2010.
SUMMARY: Procedures and forms to be used in regard to applications for funeral director internship license under Chapter 497, Florida Statutes; procedures and requirements to be observed in the conduct of funeral director internships.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Knowledge and experience of Department staff.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 497.103(5)(b), 497.103(2)(c), (g), 497.375(2), 497.141(2), (4), (12)(g) FS.
LAW IMPLEMENTED: 497.375, 497.373(2)(c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 11, 2012, 10:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 days before the workshop/meeting by contacting: LaTonya Bryant-Parker, at (850)413-4957, or by email at LaTonya.Bryant-Parker@MyFloridaCFO.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, (850)413-4984, shropshired@MyFloridaCFO.com. Direct any request for a hearing to Mr. Shropshire.

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 69K-17.0035 follows. See Florida Administrative Code for present text.)

69K-18.002 Funeral Director Internship.

(1) This rule implements Sections 497.375 and 497.373(2)(c), Florida Statutes.

(2) APPLICATION FOR FUNERAL DIRECTOR INTERN LICENSE.

(a) Persons desiring licensure as a funeral director intern shall apply for such license by completing a form DFS-N1-1722, “Application for Funeral Director Intern License,” which is incorporated by reference in Rule 69K-1.001, F.A.C., and filing same, together with a nonrefundable fee of $105, with the Division. The application form shall be filed with the Division at the address stated on the form.

(b) Applicants shall submit with their application for license, proof of satisfying the education requirements of Section 497.375(1)(b), F.S. Such proof shall be as specified by Rule 69K-100.036, F.A.C. “Proof of satisfying educational requirements.”

(c) If the Division determines that the applicant for internship has no reportable criminal history within the meaning of Section 497.142(10)(c), F.S., and has no record of disciplinary action against any professional license, and otherwise meets the criteria for issuance of the internship license pursuant to Section 497.375, F.S., the Division shall so notify the applicant in writing, and upon receipt of such written notification the applicant may commence their internship; provided, all such approvals by the Division shall be reported to the Board at its next regular monthly meeting and shall be subject to ratification by the Board. As to any applicant which the Division determines has a reportable criminal history within the meaning of Section 497.142(10)(c), F.S., or has a record of disciplinary action against any professional license, or fails to meet any criteria for issuance of the internship license pursuant to Section 497.375, F.S., the Division shall present the application to the Board for its decision at the Board’s next regular in-person monthly meeting.

(3) ENROLLMENT IN COURSE OF STUDY WHILE INTERNING. This rule section implements Section 497.375(1)(b)2., F.S.

(a) An applicant under Section 497.375(1)(b)2., F.S., must meet each and all of the requirements specified in Sections 497.375(1)(b)2. a., b., and c., F.S.

(b) An applicant under Section 497.375(1)(b)2., F.S., must be enrolled in a course of study referred to at Section 497.375(1)(b)2.b., F.S., as of the date the applicant’s application for intern license is received by the Division. The applicant shall submit with the application proof of current enrollment complying with Rule 69K-100.036, F.A.C., “Proof of satisfying educational requirements.”

(c) A course of study in “mortuary science” as referred to at Section 497.375(1)(b)2.b., F.S., shall be a Type 1 course as defined in Rule 69K-100.035, F.A.C. “Courses of Study: Criteria; Procedures for college or university to obtain approval.”

(d) A course of study in “funeral service arts” as referred to at Section 497.375(1)(b)2.b., F.S., shall be a Type 2 course as defined in Rule 69K-100.035, F.A.C., “Courses of Study: Criteria; Procedures for college or university to obtain approval.”

(e) A funeral director intern licensed under Section 497.375(1)(b)2., F.S., shall during the internship remain continuously enrolled in, and attending as required by the college or university, the course of study indicated in their internship application (hereinafter in this rule section the “course of study”), until the course of study is successfully completed or the internship ends.

1. If during the internship the intern’s enrollment or attendance in the course of study for any reason terminates prior to successful completion of the course of study, the intern shall immediately suspend all activities under their internship license, and shall within 20 business days advise their internship supervisor that their enrollment or attendance in the course of study has terminated prior to successful completion of the course of study.

2. If an intern’s internship supervisor is notified by the intern they supervise, licensed under Section 497.375(1)(b)2., F.S., that the intern has, prior to successful completion of the course of study, ceased or been terminated from current enrollment in the course of study or has ceased attendance in the course of study, the supervisor shall immediately suspend all activities under the internship and within 20 5 calendar days shall complete and file with the Division a form DFS-N1-2040 “Report of Suspension of Intern’s Conditions of Internship,” which is incorporated by reference in Rule 69K-1.001, F.A.C. If the supervisor receives information from a source the supervisor deems reliable, specifically asserting that the intern they supervise, licensed under Section 497.375(1)(b)2., F.S., has, prior to successful completion of the course of study, ceased or been terminated from current enrollment in the course of study or has ceased attendance in the course of study, the supervisor shall within 20 calendar days require the intern to provide the supervisor written proof from the school that the intern is currently enrolled in and attending the course of study, and if such proof is not received within 20 days of the supervisor’s request the supervisor shall immediately suspend all activities under the internship and within 5 business days shall complete and file with the Division a form DFS-N1-2040 “Report of Suspension of Intern’s Conditions of Internship,” which is incorporated by reference in Rule 69K-1.001, F.A.C.

3. An intern whose internship has been suspended pursuant to this subparagraph may petition the Board to reinstate the internship. The petition shall not be granted unless the intern demonstrates that the termination of enrollment or attendance was due to illness, personal injury, or other substantial hardship beyond the intern’s reasonable control.

(4) IDENTIFICATION OF TRAINING AGENCY AND SUPERVISOR; CHANGES.

(a) Funeral director interns shall train under their funeral director intern license only at a funeral establishment approved as a training agency pursuant to Rule 69K-18.004, F.A.C., “Intern Training Agencies.” The training agency shall appoint the funeral director who shall supervise the intern. Funeral director interns shall be supervised in their funeral director internship activities by a funeral director employed at the training agency, holding a valid funeral director license under Chapter 497, F.S.

(b) Funeral director interns shall identify on their application for intern license the intern training agency where they will be trained, and the name and license number of the licensed funeral director who will supervise them.

(c) A training agency may at any time appoint a different funeral director, employed by the training agency, to supervise an intern. No approval by the Board or the Division is required for a change in supervisor pursuant to this rule subsection.

(d) An intern’s internship supervisor may at any time terminate their supervision of the intern. The supervisor shall notify the intern and the training agency of such termination of supervision, and the training agency shall appoint a replacement supervisor. The exiting supervisor shall file their final training report as required by paragraph (9)(c) of this rule.

(e) An intern shall report a change to a different training agency on the first quarterly training report submitted after such change.

(5) LENGTH OF INTERNSHIP.

(a) One year of full-time funeral director internship training shall be required to satisfy the requirement of Section 497.373(2)(c), F.S. “Full-time” shall be deemed and construed to mean training comprising at least 40 hours each week for at least fifty weeks, to be completed within a contiguous twelve month period.

(b) An intern may on the internship application request an internship start date of up to 21 days after Board approval of the internship application, and such request shall be granted.

(c) Unless renewed by the Board pursuant to this rule, a funeral director internship shall terminate at the end of the 365th day after the internship began.

(d) A funeral director internship may not be extended, but may be renewed subject to the requirements of Section 497.375(4)(b) and (c), F.S., as those sections are implemented in this rule.

(6) RENEWAL OF FUNERAL DIRECTOR INTERNSHIP TO CONTINUE COURSE OF STUDY.

(a) This rule section implements Section 497.375(4)(b), F.S.

(b) No funeral director internship may be renewed under Section 497.375(4)(b), F.S., unless the internship license was applied for and granted under Section 497.375(1)(b)2., F.S.

(c) An intern whose internship license was applied for and granted under Section 497.375(1)(b)2., F.S, may apply to renew their internship by filing with the Division a completed form DFS-N1-2036, “Application to Renew Internship To Continue Course of Study” which is incorporated by reference in Rule 69K-1.001, F.A.C. The application shall be accompanied by a nonrefundable fee of $105.

(d) An applicant shall be currently enrolled in and attending the course of study identified in the original application for internship, when the application for renewal is filed.

(e) As a prerequisite to certifying to the licensing authority that an intern has completed at least one-half of the course of study in mortuary science or funeral service arts, the funeral director in charge (FDIC) of a training agency shall require the intern to provide the FDIC with an academic transcript issued by the college or university where the intern is enrolled. The FDIC shall review said transcript to verify that the intern has completed at least one-half of the course of study in mortuary science or funeral service arts.

(f) The application to renew internship must be filed before the initial internship period ends. No renewal shall be granted if the application to renew is not filed before the end of the initial internship period. An application to renew may not be filed earlier than the 10th month of the initial internship period.

(g) Only one renewal shall be granted to any one intern.

(h) The renewal shall be for an additional one year period to commence immediately upon the end of the initial internship period.

(i) The Division shall approve the application to renew internship if the Division finds the application to be complete, the applicable fee is paid, and the internship is eligible for renewal under Section 497.375, F.S. The Division shall provide the Board at each monthly Board meeting with an informational report of internships renewed pursuant to Section 497.375(4)(b), F.S.

(7) RENEWAL OF FUNERAL DIRECTOR INTERNSHIP DUE TO ILLNESS, INJURY, HARDSHIP, OR AWAITING EXAM RESULTS.

(a) This rule section implements Section 497.375(4)(c), F.S.

(b) An intern seeking to renew their internship pursuant to Section 497.375(4)(c), F.S., shall apply to renew their internship by filing with the Division a completed form DFS-N1-2037 “Application to Renew Internship Due To Illness, Injury, Hardship, Or Awaiting Exam Results,” which is incorporated by reference in Rule 69K-1.001, F.A.C. The application shall be accompanied by a nonrefundable fee of $105.

(c) The application to renew internship must be filed before the initial internship period ends. No renewal shall be granted if the application to renew is not filed before the end of the initial internship period. An application to renew may not be filed earlier than the 10th month of the initial internship period.

(d) Only one renewal shall be granted to any one intern.

(e) The renewal shall be for an additional one year period to commence immediately upon the end of the initial internship period.

(f) Applications under Section 497.375(4)(c), F.S., shall be presented to and ruled upon by the Board.

(8) SUPERVISION – SHIFT FROM DIRECT TO GENERAL SUPERVISION.

(a) This rule section implements Section 497.375(1)(d), F.S.

(b) No funeral director intern may shift to general supervision pursuant to Section 497.375(1)(d), unless the intern’s internship was applied for and granted pursuant to Section 497.375(b)(2)b., F.S.

(c) An intern under Section 497.375(1)(b)2.b., F.S., may apply to take the laws-and-rules examination required under Section 497.373(2)(b), F.S., (hereinafter the “law & rules exam”) by completing and submitting a form DFS-N1-2038 “Application To Take The Law & Rules Exam,” which is incorporated by reference in Rule 69K-1.001, F.A.C. The application shall be accompanied by the applicable law & rules exam fee pursuant to Section 497.376, F.S. and Rule 69K-16.0001, F.A.C.

(d) An intern under Section 497.375(1)(b)2.b., F.S., desiring to change to general supervision, shall submit a completed form DFS-N1-2039 “Certification for General Supervision Of Intern,” which is incorporated by reference in Rule 69K-1.001, F.A.C. The certification shall be signed by the funeral director in charge of the training agency where the intern is receiving training, to certify that in the FDIC’s opinion the intern is competent to complete the internship under general supervision.

(e) The Division shall review the application and shall notify the applicant that the application is approved upon a determination by the Division that the application is complete, the applicant has passed the law & rules exam, and the applicant appears eligible to proceed to general supervision under Section 497.375, F.S. The intern may commence performance of internship duties under general supervision upon notification of approval by the Division. The Division shall provide the Board each month with a report of interns who have been approved to shift to general supervision pursuant to Section 497.375(1)(d), F.S.

(9) TRAINING REPORTS.

(a) An intern’s internship supervisor shall prepare and file training reports concerning the intern’s performance, on a calendar quarter basis, throughout the internship, including any renewal of the internship, and whether the intern is performing under direct or general supervision. The reports shall be filed with the Division on form DFS-N1-1747, “Supervisor’s Quarterly Report of Apprentice or Intern Training,” which is incorporated by reference in Rule 69K-1.001, F.A.C.

(b) Training reports shall be due 30 days after the end of the calendar quarter to which they relate. The first quarterly training report shall cover the partial calendar quarter in which the internship began. A subsequent training report shall be due for every subsequent calendar quarter of the internship. A final training report shall be filed within 30 days of the end of the quarter in which the internship was completed or terminated.

(c) Upon a change in supervisor of the intern, the exiting supervisor shall within 30 days complete and file with the Division a training report through the last date of supervision of the intern by the exiting supervisor. The new supervisor shall commence filing training reports concerning the intern.

(d) If during any quarter of the internship the funeral director intern receives instruction from more than one licensed Florida funeral director, each such instructor shall be required to certify the training on a form DFS-N1-1747, “Supervisor’s Quarterly Report of Apprentice or Intern Training,” which is incorporated by reference in Rule 69K-1.001, F.A.C., giving the dates during which instruction was given and the training activities engaged in by the intern under his or her supervision.

(e) No funeral director license will be issued until all required training reports have been received by the Division.

(10) ONLY ONE INTERNSHIP PER PERSON ALLOWED.

(a) No person shall be granted more than one internship license in their lifetime; provided, this rule provision shall not be deemed to bar renewal of internship licenses as authorized by Section 497.375(4), F.S.

Rulemaking Authority 497.103(5)(b), 497.103(2)(c), (g), 497.375(2), 497.141(2), (4), (12)(g) 497.103, 497.375 FS. Law Implemented 497.373, 497.375 FS. History–New 11-11-79, Amended 6-4-80, 8-10-83, Formerly 21J-18.02, Amended 12-11-88, 11-15-92, Formerly 21J-18.002, Amended 1-8-95, 7-14-99, Formerly 61G8-18.002, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, on behalf of the Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Chapter 497, F.S.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 20, 2011