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201 KAR 15:040.Examination.

RELATES TO:

KRS 316.030(4)(h), (5)(g)

STATUTORY AUTHORITY:

KRS 316.030, 316.210(1)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 316.030(4)(h) and (5)(g) require the board to issue an embalmer's or funeral director's license to an applicant who has met the statutory requirements and passed examinations prepared or approved by the board. This administrative regulation establishes the administration, content, and evaluation of examinations by the board.

Section 1.

Exam Administration.

(1)

The board shall administer examinations for funeral director and embalmer licenses at intervals predefined on a published calendar.

(2)

An applicant seeking to take an examination administered by the board shall submit the fee established in KRS 316.030 to the board at least forty-five (45) days before the desired examination.

(a)

The examination fee shall include a license in good standing for the remainder of the fiscal year if the applicant is successful in the examination.

(b)

An applicant shall be entitled to only one (1) examination for each fee paid.

(3)

One (1) or more members of the board shall administer the examinations for each license issued by the board.

(4)

An applicant may seek a reasonable accommodation in the manner for which an examination by the board is given.

(a)

Accommodations shall be considered by the board on the same basis as reasonable accommodations that may be available under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

(b)

An applicant who takes an examination with a reasonable accommodation shall still perform the essential functions of taking the examination and meet the normal performance requirements for passage.

(5)

At the discretion of the board, examinations may be held at other times, if necessary.

Section 2.

Content of Examination.

(1)

The examination for an embalmer's license shall include the following subjects:

(a)

Embalming;

(b)

Anatomy;

(c)

Microbiology;

(d)

Pathology;

(e)

Chemistry;

(f)

Restorative art;

(g)

Mortuary administration and law;

(h)

Accounting;

(i)

Sociology;

(j)

Psychology; and

(k)

Requirements of KRS Chapter 316 and the administrative regulations promulgated pursuant to KRS Chapter 316.

(2)

The examination for a funeral director's license shall include the following subjects:

(a)

Mortuary administration;

(b)

Ethics;

(c)

Accounting;

(d)

Sociology;

(e)

Business law;

(f)

Primary psychology;

(g)

Transportation rules;

(h)

Hygiene, sanitation, and disinfection; and

(i)

Requirements of KRS Chapter 316 and the administrative regulations promulgated pursuant to KRS Chapter 316.

(3)

All written questions for the embalmer's and funeral director's examinations are the property of the board and applicants shall return the questions to the board with their answers.

Section 3.

Evaluation. A score of seventy-five (75) percent on a board-authorized examination administered by the board shall constitute a passing grade.

Section 4.

Alternative to Written Examination by the Board. An applicant who has successfully completed the examination prepared and administered by the Conference of Funeral Service Examining Boards may request exemption from the written embalmer or funeral director examination. The applicant shall successfully complete an oral examination administered by one (1) or more members of the board in lieu of the written embalmer or funeral director examination.

Section 5.

All applicants for a Kentucky funeral director or embalmer license shall pass the Kentucky Laws Exam. Individuals who are requesting a reciprocal license shall pass the Kentucky Laws Exam in addition to the requested license exam.

HISTORY: (BEFD-Rule 18; 1 Ky.R. 1013; eff. 6-11-1975; Am. 20 Ky.R. 2655; eff. 5-18-1994; 22 Ky.R. 2319; eff. 8-1-1996; 46 Ky.R. 93, 1095; eff. 11-1-2019; 48 Ky.R. 2838; eff. 11-1-2022.)

KANETHA DORSEY, Executive Director

APPROVED BY AGENCY: February 24, 2022

FILED WITH LRC: April 7, 2022 at 2:30 p.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 24, 2022 at 1:00 p.m., Via ZOOM. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of this hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until May 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON: Kanetha Dorsey, Executive Director of Kentucky Board of Embalmers and Funeral Directors, 9114 Leesgate Road, Suite 4, Louisville, Kentucky 40222, phone 502-426-4589, fax 502-426-4117, email Kanetha.dorsey@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Kanetha Dorsey

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This describes the process of applying for the licensure examination for funeral directors and embalmers.

(b) The necessity of this administrative regulation:

This regulation describes the process to be completed by funeral directors and embalmers to ensure they have the foundational knowledge to care and plan for the care of dead human bodies.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

This regulation supports KRS 316 by describing the examination process utilized to ensure funeral directors and embalmers have foundational knowledge to perform their tasks.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation:

This corrects phrasing errors within the regulation. This amendment clarifies the necessity to pass the laws examination in order to obtain licensure.

(b) The necessity of the amendment to this administrative regulation:

Corrects phrasing errors, Licensure applicants could fail laws examinations and still become a licensed funeral director or embalmer with previous wording.

N/A

(d) How the amendment will assist in the effective administration of the statutes:

N/A

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

150 examination applicants for year

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:

Complete apprenticeship or be licensed in another state, Complete application and pay fee, Take examination

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

$100 per licensure type

They will be legally licensed for a period of one year for to practice funeral directing or embalming in the State of Kentucky.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially:

No additional cost

(b) On a continuing basis:

No additional cost

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:

No special or additional funding will be required for implementation or enforcement.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:

No fees are addressed in this regulation

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:

This regulation does not address any fees

(9) TIERING: Is tiering applied?

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?

Funeral Directors, Embalmers; Funeral Establishments and Embalming Services; Funeral Apprentices.

(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.

KAR 201 15:030, KRS 316.030(4)(g), KRS 316.030(5)(f), KRS 316.125(2)(a), KAR 201 15:040 Section 1(1), KAR 201 15:040 Section 3(3), KAR 201 15:040 Section 4(1), KAR 201 15.050 Section 4(5), KAR 201 15:110 Section 5(5)b, KAR 201 15:110 Section 5(5)c, KAR 201 15:110 Section 5(5)d, KAR 201 15:110 Section 5(5)e, KAR 201 15:125 Section 1(2)(b), KAR 201 15:125 Section 2(1),

(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

None

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?

None

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?

None

No additional cost to the agency

(d) How much will it cost to administer this program for subsequent years?

No additional cost to the agency

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-):

No Change due to this regulation

Expenditures (+/-):

None

Other Explanation:

None

201 KAR 15:040.Examination.

RELATES TO:

KRS 316.030(4)(h), (5)(g) ~~4(h), 5(g)~~

STATUTORY AUTHORITY:

KRS 316.030, 316.210(1)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 316.030(4)(h) and (5)(g) require the board to issue an embalmer's or funeral director's license to an applicant who has met the statutory requirements and passed examinations~~for an embalmer's license or a funeral director's license to pass an examination~~ prepared or approved by the board. This administrative regulation establishes the administration, content, and evaluation of examinations by the board.

Section 1.

Exam Administration.

(1)

The board shall administer examinations for funeral director and embalmer licenses at intervals predefined on a published calendar~~the regular meetings of the board~~.

(2)

An applicant seeking to take an examination administered by the board shall submit the fee established in KRS 316.030~~required by KRS 316.030(4)(g) or (5)(f)~~ to the board at least forty-five (45) days before the desired examination.

(a)

The examination fee shall include a license in good standing for the remainder of the fiscal year if the applicant is successful in the examination.

(b)

An applicant shall be entitled to only one (1) examination for each fee paid.

(3)

One (1) or more members of the board shall administer the examinations~~written examination~~ for eacha license issued by the board.

(4)

An applicant may seek a reasonable accommodation in the manner for which an examination by the board is given.

(a)

Accommodations shall~~will~~ be considered by the board on the same basis as reasonable accommodations that may be available under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

(b)

An applicant who takes an examination with a reasonable accommodation shall~~must~~ still perform the essential functions of taking the examination and meet the normal performance requirements for passage.

(5)

At the discretion of the board, examinations may be held at other times, if necessary.

Section 2.

Content of Examination.

(1)

The examination for an embalmer's license shall include the following subjects:

(a)

Embalming;

(b)

Anatomy;

(c)

Microbiology;

(d)

Pathology;

(e)

Chemistry;

(f)

Restorative art;

(g)

Mortuary administration and law;

(h)

Accounting;

(i)

Sociology;

(j)

Psychology; and

(k)

Requirements of KRS Chapter 316 and the administrative regulations promulgated pursuant to KRS Chapter 316.

(2)

The examination for a funeral director's license shall include the following subjects:

(a)

Mortuary administration;

(b)

Ethics;

(c)

Accounting;

(d)

Sociology;

(e)

Business law;

(f)

Primary psychology;

(g)

Transportation rules;

(h)

Hygiene, sanitation, and disinfection; and

(i)

Requirements of KRS Chapter 316 and the administrative regulations promulgated pursuant to KRS Chapter 316.

(3)

All written questions for the embalmer's and funeral director's examinations are the property of the board and applicants shall return the questions to the board with their answers.

Section 3.

Evaluation. A score of seventy-five (75) percent on a board-authorized~~any~~ examination administered by the board shall constitute a passing grade.