RULES AND REGULATIONS
STATE BOARD OF FUNERAL DIRECTORS
[49 PA. CODE CH. 13]
Examination
[27 Pa.B. 6206] The State Board of Funeral Directors (Board) amends §§ 13.71 and 13.72 (relating to examinations requirements; and examination before internship is completed) to read as set forth in Annex A. The object of these amendments is to codify the Board's determination that application procedures and deadlines in the existing regulations are unnecessary and overly burdensome.
Sections 5 and 16 of the Funeral Director Law (63 P. S. §§ 479.5 and 479.16), authorize the Board to promulgate regulations pertaining to when an applicant for licensure may sit for the examinations of the Board. The Board has determined to permit applicants to sit for the examination prior to completion of the post-education 1 year internship.
Currently, § 13.71 requires applicants to complete the internship before the examination date. Section 13.72 authorizes applicants to take the examination before completing their 1-year internship, if the internship will be completed within 21 days from the date of the examination, if the applicant shows, at least 60 days prior to the examination date, that he has participated in providing all aspects of funeral directing services for at least 30 funerals. The Board has noted that each year several applicants are unable to sit for the examination because the beginning of their internship was delayed, often because of factors out of the applicants' control. Accordingly, the Board routinely waived the requirements of the regulation and granted applicants permission to take the examination prior to completion of the post-education 1-year internship.
It is the Board's opinion that applicants who believe they are sufficiently prepared to take the examination should have the option to do so. Allowing applicants to sit for the examination prior to the completion of the internship will help reduce the loss of employment and income opportunities for individuals who would otherwise have to wait several months for the next available examination. Because the applicant must still complete the internship prior to licensure, the Board does not believe these amendments will negatively affect the competency of the funeral directors who are licensed.
Public notice of intention to amend the Board's regulations under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary and impracticable. At its Board meeting held on December 7, 1994, the Board adopted as a policy the position set forth in the final-form regulations. Accordingly, since that time the Board has provided actual notice of this policy to interns and has granted interns permission to sit for examination consistent with the final-form regulations. Therefore, because actual notice has been provided to applicants, it is unnecessary and impractical to issue a public notice of intention to amend the Board's regulations.
The two deadlines imposed on applicants created confusion and, at times, financial hardship. The deadlines set forth in § 13.72 were more responsive to the management and administrative needs of the Board than to the needs of the regulated community. The Board believes that applicants for licensure are capable of deciding when they are prepared to sit for the licensure examination on the basis of their educational preparation and resident internship experience. The Board has therefore determined that continuing to require resident interns to meet specific application deadlines before taking the examination is contrary to the public interest.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered the purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted rulemaking addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
These amendments are authorized under sections 5 and 16 of the Funeral Director Law (63 P. S. §§ 479.5 and 479.16).
Fiscal Impact and Paperwork Requirements
The amendments will have no fiscal impact on the Commonwealth or its political subdivisions. Although it cannot be quantified, individual applicants for licensure and the regulated community should experience greater flexibility in planning which the Board anticipates will result in savings.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on October 8, 1997, a copy of the amendments was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Professional Licensure and the Senate Committee on Consumer Protection and Professional Licensure. In addition, at the same time, the amendments were submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) and (e) of the Regulatory Review Act, the amendments were deemed approved by the House and Senate Committees on October 28, 1997, and were approved by IRRC on November 6, 1997.
Additional Information
Individuals who desire information are invited to submit inquiries to Linda Dinger, Board Administrator, State Board of Funeral Directors, Post Office Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order, under the procedures specified in sections 201 and 202 of the CDL, has been omitted under the authority contained in section 204(3) of the CDL. The Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary, impracticable and contrary to the public interest.
(2) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 13, are hereby amended by amending §§ 13.71 and 13.72, to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
LEANDRO N. ANGELONE,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 6128 (November 22, 1997).)
Fiscal Note: 16A-381. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 13. STATE BOARD OF FUNERAL DIRECTORS
EXAMINATION § 13.71. Examination requirements.
To qualify for licensure, an applicant shall successfully complete the following examinations:
(1) The National Board Examination prepared and administered by the Conference of Funeral Service Examining Boards.
(2) Written and oral examinations on the clinical practice of funeral directing, the act and this chapter, prepared and administered by a qualified and approved professional testing organization authorized by the Bureau. These examinations will be offered twice yearly.
§ 13.72. Examination before internship is completed.
An applicant may take the examination prior to the completion of the internship. An applicant who is examined under this section and who passes the examination will not be issued a funeral director license until documentation evidencing completion by the applicant of the resident intern training requirement is received by the Board or its designee.
[Pa.B. Doc. No. 97-1898. Filed for public inspection November 28, 1997, 9:00 a.m.]
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