RULES AND REGULATIONS
STATE BOARD OF FUNERAL DIRECTORS
[49 PA. CODE CH. 13]
Continuing Education
[35 Pa.B. 6523] The State Board of Funeral Directors (Board) amends §§ 13.1, 13.12 and 13.231 (relating to definitions; fees; and biennial registration; unregistered status and inactive status; failure to renew) and adds §§ 13.401--13.406 (relating to continuing education) to read as set forth in Annex A.
Description and Need for Proposed Rulemaking
As required by the act of June 22, 2000 (P. L. 376, No. 48), this final-form rulemaking adopts regulations implementing continuing education for licensed funeral directors.
Summary of Comments and Responses to Proposed Rulemaking
The Board published notice of proposed rulemaking at 33 Pa.B. 4569 (September 13, 2003) with a 30-day public comment period. The Board received comments from the Pennsylvania Funeral Directors Association (PFDA). The Board also received comments from the Independent Regulatory Review Commission (IRRC) as part of its review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1--745.12). The Board did not receive comments from the House Professional Licensure Committee (HPLC) or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) as part of their review of proposed rulemaking under the Regulatory Review Act.
The PFDA commented that it fully supports the regulations for continuing education for funeral directors, as published in the Pennsylvania Bulletin.
In regard to § 13.231, IRRC questioned whether the term ''verify'' rather than ''certify'' would be more accurate in describing the action of the licensee regarding compliance with the required continuing education. In developing the final-form rulemaking, the Board reviewed the renewal regulations and forms for other licensing boards in the Bureau of Professional and Occupational Affairs (Bureau). These boards require the licensee to ''certify'' that the facts of the application are true under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), as contrasted with 18 Pa.C.S. § 4903 (relating to false swearing) regarding verified statements under oath. IRRC also requested that the Board specify under what circumstances the Board would require an applicant for renewal to provide documentation of completion of continuing education. In considering IRRC's request, the Board determined that the provision is unnecessary and has deleted it.
Because § 13.401(a) (relating to credit hour requirements) requires each funeral director to complete 6 hours of continuing education in each biennial period, IRRC requested clarification of what constitutes a credit hour. The Board has amended § 13.1 to include a definition of ''hour of continuing education'' as ''60 minutes of actual instruction in an approved course of continuing education.'' Proposed § 13.401(b) would have required a funeral director seeking to renew an active license or to reactivate an inactive license to successfully complete all previously required continuing education. IRRC also questioned whether the Board had statutory authority to require compliance with the continuing education requirement for prior biennial periods under section 10(b)(5) of the Funeral Director Law (act) (63 P. S. § 479.10(b)(5)) which requires a licensee seeking to reinstate an inactive or lapsed license to ''show proof of compliance with the continuing education requirement for the preceding biennium.'' The Board concurs with IRRC's comment and, accordingly, has revised this proposed requirement, now in § 13.231(d), to require documentation of completed continuing education only for the immediately preceding biennium.
Additionally, because proposed § 13.401(b) addressed only renewal or reactivation of an expired license, those provisions have been deleted. The Board has placed in § 13.231(c) and (d) the prohibition on renewing or reactivating a license, respectively, unless the required amount of continuing education has been completed. Also, the provision of proposed § 13.401(b) that would have permitted a licensee, to reactivate a lapsed license, to have completed during the current biennium the continuing education required for the preceding biennium has been moved to § 13.231(d). In place of the proposed language, § 13.401(b) will require continuing education to be completed during the biennium for which it is required, unless otherwise authorized, and will prohibit a licensee from counting the same continuing education for more than one biennium.
Each licensee will certify on the renewal application that the licensee has completed the required continuing education, subject to audit by the Board. The Board has added § 13.402(c) (relating to reporting completion of continuing education) to acknowledge the auditing process. Under § 13.402(a), completion of a course of continuing education will generally be proved by a continuing education record from the course provider. IRRC suggested that the Board indicate how long a licensee should retain the continuing education record. Because an audit might not begin early in a renewal period and might take longer than a single renewal period, the Board recommends that a licensee retain a continuing education record for two full renewal periods subsequent to the period in which the licensee attended the course. Because the Board does not wish to subject to disciplinary action for failing to keep a record, a licensee who has completed the required continuing education and is able to demonstrate compliance, the Board has not amended the regulation to set forth a binding standard. IRRC also inquired as to what documentation would satisfy the requirement of § 13.402(b) to ''otherwise demonstrate completion of course of continuing education'' in the absence of a continuing education record. This provision was intended to acknowledge that a continuing education record from the provider at the time of the course is not the sole means to do so. Without limiting a licensee's ability to do so and without limiting the Board's authority to determine credibility, the Board anticipates that completion could be demonstrated by a continuing education record subsequently prepared by the provider, documentation from the course itself or corroborated testimony of attendance at the course.
Proposed § 13.403(a) (relating to credit for approved continuing education) provided that continuing education credit will be granted only for courses that have been approved in advance. IRRC inquired how licensees would know whether the Board has approved a course for continuing education credit. The Board intends to identify approved providers in its newsletter. Additionally, the Department of State (Department) website at License PA provides license verification and approved providers of continuing education will be included, along with funeral directors and funeral establishments. Additionally, IRRC questioned whether the proposed § 13.403(b) prohibition of approval of courses ''for which continuing education is precluded by section 10 of the act,'' because section 10 of the act precludes credit only for office management. In response, the Board has revised § 13.403(b) to permit credit for any course whose subject matter is identified in section 5 of the act (63 P. S. § 479.5) as appropriate for examination and any course in applicable law or the provision of professional services, but to prohibit credit for any course in office management or marketing.
IRRC also inquired as to how licensees will be notified that approval of a provider or course has been withdrawn. The Board provides notice of Board actions affecting its licensees through its newsletter and notice on the Department's website. Notice that provider status has been withdrawn will be given to licensees in the same manner.
Finally, IRRC suggested, relative to the continuing education record requirement of § 13.405(b) (relating to provider responsibilities), that the Board consider requiring providers of continuing education to provide the continuing education record directly to the Board. While the Board agrees with IRRC that this would streamline the process for licensees, the Board, as do all boards within the Bureau that require continuing education, will audit a portion of licensees. Accordingly, there is no value to Board receipt of these records at this time.
As a result of considering IRRC's comments, the Board considered its proposed means of approving providers. The Board has concluded that it cannot, consistent with the requirement of section 10(b)(6) of the act that all courses, locations, instructors and providers ''shall be approved by the Board,'' rely upon continuing education provider approval by another agency or jurisdiction. Therefore, the Board has revised § 13.404(b) (relating to approval of continuing education courses or providers) to delete the status of ''deemed approval'' of providers. The Board will review applications for provider and course approvals. Approved provider status is subject to renewal and course approval will be only for courses identified on the application for approval. Accordingly, the Board has revised § 13.12 to delete the fees based upon approval from another jurisdiction, to delete any reference to courses or providers not approved in another jurisdiction and to delete the fee for renewal of course approval.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Effective Date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin and will first require continuing education during the 2006-2008 biennium.
Statutory Authority
The final-form rulemaking is authorized under sections 10(b) and 16(a) of the act (63 P. S. §§ 479.10(b) and 479.16(a)).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 13, 2003, the Board submitted a copy of the notice of proposed rulemaking, published at 33 Pa.B. 4569, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 18, 2005, the final-form rulemaking was approved by the HPLC. On November 2, 2005, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 3, 2005, and approved the final-form rulemaking.
Additional Information
Persons who require additional information about the final-form rulemaking should submit inquiries to Michelle T. Smey, Administrator, State Board of Funeral Directors, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397, st-funeral@state.pa.us.
Findings
The Board finds that:
(1) Public notice of the proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to this final-form rulemaking do not enlarge the scope of proposed rulemaking published at 33 Pa.B. 4569.
(4) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 13, are amended by amending §§ 13.1, 13.12 and 13.231 and by adding §§ 13.401--13.406 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
JANICE H. MANNAL, FD,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 6390 (November 19, 2005).)
Fiscal Note: Fiscal Note 16A-489 remains valid for the final adoption of the subject regulations.
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
GENERAL PROVISIONS § 13.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Funeral Director Law (63 P. S. §§ 479.1--479.20) which regulates the licensure of persons and of corporations engaged in the preparation and disposition of the bodies of deceased persons.
Board--The State Board of Funeral Directors of the Department of State of the Commonwealth.
Bureau--The Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth.
Commissioner--The Commissioner of Professional and Occupational Affairs of the Department of State of the Commonwealth.
Funeral establishment--A place or premise approved by the Board wherein a licensed funeral director conducts the professional practice of funeral directing, including the preparation, care and funeral services for the human dead.
Hour of continuing education--Sixty minutes of actual instruction in an approved course of continuing education.
Licensed funeral director--An individual who has met the educational requirements and passed the examinations required by the act.
Limited license--A license issued by the Board that authorizes a person licensed to practice funeral directing in a reciprocal state to practice funeral directing in this Commonwealth in accordance with section 9(c) of the act (63 P. S. § 479.9(c)).
Prepaid burial account--An account in which moneys are deposited by the funeral director during the lifetime of an individual in accordance with a contract executed between the parties for funeral merchandise and services to be performed and delivered at a future time.
Prepaid burial contract--A contract executed between a consumer and a licensed funeral director which provides that the funeral director will provide funeral merchandise and render services to the consumer upon the consumer's death or the death of another designated individual and for which the consumer pays to the funeral director moneys at the time of the contract or at a time prior to the rendition of these services.
Preceptor--A licensed funeral director under or with whom a resident intern is registered and operates.
Premises--The property on which the funeral establishment is located which consists of a tract of land not intersected by a public highway or thoroughfare.
Profession--The aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as funeral directors licensed under the act.
Reciprocal state--The District of Columbia or a state or territory of the United States of America whose agency that is authorized to license persons to practice the profession of funeral director in that jurisdiction has entered into an agreement with the Board under which persons licensed in that jurisdiction may receive a limited license in this Commonwealth.
Restricted business corporation--A business corporation formed under 15 Pa.C.S. (relating to the Associations Code) and authorized under the act.
Supervisor--A licensed funeral director employed on a full-time basis to supervise the professional activities of a licensed estate, widow, business corporation pre-1935 restricted business corporation, professional corporation or branch place of practice under any of the foregoing, as defined in the act.
LICENSURE § 13.12. Fees.
Following is the schedule of fees charged by the Board:
Initial registration for student trainee $25 Annual registration for student trainee $15 Initial registration for resident intern $25 Initial registration for preceptor or change $25 Initial license for funeral director $25 Initial license for restricted business corporation,
professional corporation, partnership or
shared funeral establishment$150 Initial license for estate or widow, sole
proprietorship or branch office$125 Initial registration for supervisor $25 Change director or name on existing
license without reinspection$35 Address change with inspection $125 Reinspection after failure $85 Certification $25 Verification of licensure or registration $15 Biennial renewal $185 Application for limited license $35 Biennial renewal of limited license $35 Application for continuing education course $100 Application for continuing education provider $100 Renewal of registration of continuing
education provider$50
LICENSE RENEWAL § 13.231. Biennial registration; unregistered status and inactive status; failure to renew.
(a) A licensee shall register each biennial period to retain the right to practice. Initial registration shall automatically occur when a license is issued. Registration for a biennial period expires on the first day of February of every even numbered year. Unless excused by the Board for good cause under section 10(b)(4) of the act (63 P. S. § 479.10(b)(4)), the Board will not grant an application for renewal of a funeral director license unless the licensee has certified that the licensee has completed the amount of continuing education required by § 13.401 (relating to credit hour requirements).
(b) Applications for biennial registration shall be made on forms provided by the Board. The form shall be received by the Board with the required registration fee by the expiration of the previous biennial registration period.
(c) Biennial registration forms and other forms and literature distributed by the Board will be mailed to the licensee at the last mailing address on file with the Board. If a licensee changes the mailing address, the licensee shall notify the Board within 15 days thereafter. Failure of the Board to send or of the licensee to receive a biennial registration application does not relieve the licensee of the biennial registration responsibility.
(d) A licensee whose licensure status has lapsed by failing to register biennially with the Board may apply to the Board for reactivation of licensure status by satisfying the requirements of paragraph (1) on forms prescribed by the Board. An application for reactivation of an inactive or lapsed funeral director license must also include the documentation required by § 13.402 (relating to reporting completion of continuing education) for the immediately preceding biennium, which may be completed during the current biennium. Unless excused by the Board for good cause under section 10(b)(4) of the act, the Board will not reactivate any funeral director license until the required continuing education for the preceding biennium has been successfully completed.
(1) A licensee applying for reactivation of licensure status is required to pay the current registration fee and submit a notarized affidavit setting forth the period of time in which the licensee did not practice in this Commonwealth.
(2) A licensee who seeks to reactivate his licensure status will not be assessed a late renewal fee for the preceding biennial registration periods in which the licensee did not engage in practice in this Commonwealth. A licensee whose licensure status has lapsed due to the failure to register biennially with the Board, is prohibited from practicing as a funeral director in this Commonwealth unless the licensure status is reactivated. If a licensee engages in practice in this Commonwealth during a period in which the licensees' registration is not renewed, the licensee is required to pay a late fee of $5 for each month or part of a month beyond the date specified for renewal as provided in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-225), in addition to the prescribed biennial renewal fee. The payment of a late fee does not preclude the Board from taking disciplinary action against a licensee for practicing as a funeral director in this Commonwealth without a current license.
CONTINUING EDUCATION § 13.401. Credit hour requirements.
(a) During each biennial renewal period, a licensed funeral director shall complete 6 hours of continuing education. This provision does not require a funeral director to complete continuing education during the renewal period in which the funeral director is first issued a license.
(b) Except as permitted in § 13.231(d) (relating to biennial registration; unregistered status and inactive status; failure to renew) or as directed by the Board, continuing education may satisfy the requirement of subsection (a) only for the biennium during which it was completed. No hour of continuing education may be used to satisfy the requirement of subsection (a) for more than 1 biennium.
(c) The requirement of subsection (a) will take effect, beginning with the biennial renewal period of February 1, 2006--January 31, 2008.
§ 13.402. Reporting completion of continuing education.
(a) In general, proof of completion of a course of continuing education must consist of a certified continuing education record, as defined in § 13.405(b) (relating to provider responsibilities).
(b) A licensed funeral director for whom the Board has not been provided certified continuing education records sufficient to comply with § 13.401 (relating to credit hour requirements) shall otherwise demonstrate completion of courses of continuing education.
(c) The Board will audit licensees to verify compliance with continuing education requirements.
§ 13.403. Credit for approved continuing education.
(a) Credit for continuing education will be granted only for courses that have been approved in advance by the Board.
(b) Unless limited by this section, continuing education credit may be earned in a course on any subject matter identified in section 5 of the act (63 P.S. § 479.5) as appropriate for examination. Continuing education credit may be earned in a course in applicable law or the provision of professional services. Continuing education credit may not be earned in any course in office management or marketing.
§ 13.404. Approval of continuing education courses or providers.
(a) Anyone, to include any college, university, school, association, professional society and organization, seeking approval to offer continuing education shall apply for approval on forms provided by the Board and fully provide the information required by those application forms for the Board to fulfill its duties under this section. The application must include payment of the fee required under § 13.12 (relating to fees).
(b) Approval as a continuing education provider shall be renewed biennially.
(c) An approved provider shall apply for approval of each course of continuing education. A single application may include multiple presentations of the course and various locations.
(d) The Board may deny approval of a provider or course of continuing education where the applicant has previously failed or is not currently able to comply with § 13.405 (relating to provider responsibilities) or the course does not qualify under § 13.403 (relating to credit for approved continuing education). The Board may approve in part and deny in part an application for approval of a provider or course. The Board may deny an application for provider or course approval that does not comply with the act or this chapter.
(e) The Board may terminate its prior approval of a provider or course of continuing education when the applicant made one or more false or misleading material statements on the application. The Board may also terminate in part or in whole its prior approval of a provider or course when it is later determined that the Board has grounds to deny approval in accordance with this section.
§ 13.405. Provider responsibilities.
(a) For each course of continuing education, the provider shall:
(1) Disclose in advance to prospective attendees the objectives, content, teaching method and number of hours of continuing education credit.
(2) Open each course to all licensees.
(3) Provide adequate physical facilities for the number of anticipated participants and the teaching methods to be used.
(4) Provide accurate instructional materials.
(5) Employ qualified instructors who are knowledgeable in the subject matter.
(6) Evaluate the program through the use of questionnaires of the participants and instructors.
(7) Issue a certified continuing education record to each participant.
(8) Retain attendance records, written outlines, and a summary of evaluations for 5 years.
(b) Each continuing education record must include:
(1) The name of the participant.
(2) The date or dates of the course.
(3) The name of the course.
(4) The provider's name.
(5) The number of hours of continuing education credit.
§ 13.406. Demonstration of embalming techniques.
(a) With prior approval of the Board, embalming of human remains to demonstrate techniques during a program of continuing education will not be considered to be the practice of funeral directing at an establishment not authorized by the Board.
(b) Only a licensed funeral director may demonstrate embalming techniques at a program of continuing education in this Commonwealth.
[Pa.B. Doc. No. 05-2200. Filed for public inspection December 2, 2005, 9:00 a.m.]
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