69K-18.003: Concurrent Internships.
PURPOSE AND EFFECT: This proposed Rule 69K-18.003, F.A.C., addresses the requirements for concurrent internships, especially in light of the changes to the funeral director portion of the internship pursuant to Chapter 2010-125, Laws of Florida.
SUMMARY: The 2010 legislature, in Chapter 2010-125, Laws of Florida, substantially amended Section 497.375, F.S., regarding funeral director internships. The statutory changes provided additional alternative ways a person could work their way through the educational and internship requirements for funeral director licensure. The statutory changes were directed at funeral director licensure, not embalmer licensure. However, the changes to some degree affect persons seeking combination (i.e., “concurrent”) licensure as a funeral director & embalmer intern. This proposed Rule 69K-18.003, F.A.C., addresses the requirements for concurrent internships, especially in light of the changes to the funeral director portion of the internship.
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.
No new or raised fees are imposed. The legislative changes and the proposed rule will result in pay increases to some funeral director interns, and will not result in pay decreases for any interns. The changes make it easier to obtain a funeral director license in Florida, and will increase the number of persons who are able to pursue and earn a living in a funeral director career.
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:
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(2)(c), 497.103(5), 497.141(2), (12)(g), 497.370(3), 497.375(2), 497.377 FS.
LAW IMPLEMENTED: 497.368, 497.370, 497.373, 497.375, 497.377 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: April 25, 2012, 9:00 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 5 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-18.003 follows. See Florida Administrative Code for present text.)
69K-18.003 Concurrent Internships.
(1) This rule implements Section 497.377, Florida Statutes.
(2) GENERAL.
An applicant for concurrent internship must meet all the separate requirements for the funeral director internship, and the embalmer internship. An applicant for concurrent internship shall complete and file with the Division form DFS-N1-1732, “Application for Concurrent Intern License,” which is incorporated by reference in Rule 69K-1.001, F.A.C. The application shall be accompanied by payment of the application fee specified on the form. The application fee is nonrefundable.
(3) LENGTH OF INTERNSHIP.
(a) One year of full-time internship training served concurrently, consisting of both funeral director and embalming activities, shall be required to satisfy the requirement of a concurrent internship under Section 497.377, F.S. “Full-time” shall be deemed and construed to mean training comprising at least 40 hours each week for at least fifty weeks.
(b) A concurrent internship shall not begin prior to approval of the internship application by the board. A concurrent internship shall be deemed to begin on the day after the Board approves the internship application; provided, 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) The funeral director portion of a concurrent internship shall terminate at the end of the 365th day after the internship began, unless renewed by the Board pursuant to Section 497.375(4), F.S. 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.
(d) The embalmer portion of the concurrent internship may not be renewed pursuant to Section 497.375(4)(b), F.S. The embalmer portion of a concurrent internship shall terminate 365 days after issuance of the concurrent internship license, unless extended due to personal injury or illness of the intern as specified in Rule 69K-18.001, F.A.C.
(4) APPLICABILITY OF SECTION 497.375(1)(b)2., F.S., TO CONCURRENT INTERNSHIPS.
Section 497.375(1)(b)2., Florida Statutes, regarding commencing a funeral director internship while enrolled in a course of study, may be utilized by concurrent internship applicants as regards the education requirements for funeral director licensure, but not as regards the education requirements for embalmer licensure. A concurrent internship license application will be denied unless the applicant has, as of the date of application for concurrent internship is received by the Division, completed the educational requirements applicable to embalmer internships pursuant to Section 497.370(2) and 497.368(1)(d), Florida Statutes.
(5) EDUCATION PREREQUISITES FOR CONCURRENT INTERNSHIP. Applicants for a concurrent internship license may satisfy the education requirements of Sections 497.368 and 497.375, F.S., by compliance with (a), (b), or (c) below. See Rule 69K-100.035, F.A.C., for explanation of Types 1, 2, and 3 courses of study.
(a) Award, prior to application for concurrent internship license, of a 2-year or 4-year college degree from a program that was accredited by the American Board of Funeral Science Education (ABFSE) when the degree was awarded.
(b) Award of any 2-year or 4-year college degree, and completion of a Board approved Type 1 (combination funeral directing and embalming) course of study approved by the Board pursuant to Rule 69K-100.035, F.A.C. Both the college degree and the Type 1 course of study must have been awarded and completed prior to application for concurrent internship license.
(c) Award of a 2-year or 4-year college degree in any major; completion of a Board approved Type 3 (embalming only) course of study; and enrollment, as of date of concurrent internship license application, in a Board approved Type 1 (combination funeral directing and embalming) or Type 2 (funeral service arts) course of study. The Type 1 or 2 course of study shall be one approved by the Board pursuant to Rule 69K-100.035, F.A.C. The college degree and the Type 3 course of study must both have been awarded and completed prior to application for concurrent internship license.
(6) No person shall be issued more than one concurrent internship license in their lifetime.
Rulemaking Specific Authority 497.103(2)(c), 497.103(5), 497.141(2), (12)(g), 497.368, 497.370(3), 497.373, 497.375(2), 497.377 FS. Law Implemented 497.368, 497.370, 497.373, 497.375, 497.377 FS. History–New 11-11-79, Formerly 21J-18.03, 21J-18.003, 61G8-18.003, Amended________.