Title 201 | Chapter 015 | Regulation 050
SUPERSEDED
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PREVIOUS VERSION
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BOARDS AND COMMISSIONS
Board of Embalmers and Funeral Directors
(Amendment)
201 KAR 15:050.Apprenticeship and supervision requirements.
Section 1.
Apprenticeship Application.(1)
Prior to beginning an apprenticeship, an applicant shall:(a)
File an Apprenticeship Application Form with the board that includes the sworn statement required by KRS 316.030(7)(c);(b)
Pay the registration fee established in KRS 316.030(7)(b);(c)
Submit a current photograph;(d)
Submit a copy of the applicant's high school transcript or diploma, or high school equivalency diploma;(e)
Submit an official copy of any college transcripts;(f)
Submit an official copy of National Board scores, if available;(g)
Submit an official copy of a current (less than ninety (90) days prior to the application) criminal justice information system (CJIS) report obtained from the Federal Bureau of Investigation (FBI); and(h)
Appear before the board with the supervisor at the time and place identified by the board.(2)
The apprenticeship shall begin the day the applicant and supervisor meet with the board.Section 2.
Supervisor Responsibilities.(1)
An apprenticeship shall be served under the board-approved supervisor identified on the Apprenticeship Registration Form as the supervisor of record.(2)
Apprenticeships for both embalming and for funeral directing may be served concurrently under:(a)
A single individual acting as the supervisor of record who holds both a funeral director's license and an embalmer's license; or(b)
Two (2) individual licensees acting as the supervisor of record who together hold both a funeral director's license and an embalmer's license.(3)
Licensed embalmers and licensed funeral directors who seek approval from the board as a supervisor of record shall:(a)
Embalm or direct funerals at, and be employed by, the establishment where the apprentice is registered or at another funeral establishment if approved by the board;(b)
Appear before the board for approval with the apprentice; and(c)
Be responsible for ensuring that the apprentice complies with KRS Chapter 316 and 201 KAR Chapter 15.(4)
The board may withdraw approval of a supervisor based upon:(a)
Evidence of the inability to supervise an apprentice properly; or(b)
A violation of KRS Chapter 316 or 201 KAR Chapter 15.(5)
Apprentices may receive supervision by licensees other than the supervisor of record.(a)
Registered embalmer apprentices may be supervised by other licensed embalmers designated by the supervisor of record.(b)
Registered apprentice funeral directors may be supervised by other licensed funeral directors designated by the supervisor of record.(c)
Supervisors of record that designate other licensees to provide supervision for an apprentice shall remain responsible for the actions of the apprentice and for the quality of the designated supervision.(d)
The apprentice shall prepare an Apprentice Travel Form and maintain it with the apprentice calendar.(6)
The supervisor shall instruct an apprentice and ensure that an apprentice receives experience in all aspects of funeral directing or embalming, as applicable to the individual's apprenticeship.(a)
The instruction shall include:1.
The laws relating to the profession, including KRS Chapter 316 and 201 KAR Chapter 15; and2.
The theory and application of funeral directing or embalming.(b)
The training and work assignments for apprentice embalmers shall cover the following service items:1.
Initial call details;2.
Removals;3.
Embalming;4.
Restorative art treatment;5.
Posing body and features;6.
Bathing and cosmetizing of bodies;7.
Dressing and casketing of bodies;8.
Recordkeeping;9.
Purchasing of necessary supplies;10.
Preparation of autopsied bodies;11.
Care and maintenance of equipment and embalming room; and12.
Professional responsibility.(c)
The training and work assignments for apprentice funeral directors shall cover the following service items:1.
Initial call details;2.
Removals;3.
Counseling of families on the types of services and merchandise available;4.
Arrangements of funeral services and merchandise;5.
Preparing death certificates and documents;6.
Preparing applications for certain death benefits, such as Social Security, Veterans Administration, insurance companies, and lodges;7.
Preparing newspaper notices;8.
Conducting visitations or memorial services;9.
Directing funerals and graveside services;10.
Follow-up service to the family after the funeral service has been completed;11.
Recordkeeping;12.
Purchasing of necessary supplies;13.
Caring for equipment and premises; and14.
Professional responsibility.Section 3.
Supervision of Apprentices.(1)
Supervision of embalmer apprentices.(a)
For the first twenty-five (25) cases with which an embalmer apprentice assists and throughout the first six (6) months of training, the supervisor or the supervisor's designee shall be present with the apprentice and provide direct supervision of all of the apprentice's embalming activities.(b)
After the apprentice has completed both twenty-five (25) cases and six (6) months of the apprenticeship, the apprentice may perform embalming services if the supervisor or the supervisor's designee is available for consultation and supervision, in accordance with KRS 316.010(14).(c)
The supervisor shall notify the board in writing on the Level II Apprentice Registration Form that the apprentice has completed the required twenty-five (25) cases before allowing the apprentice to embalm without direct supervision. The embalmer Level II registration fee required by 201 KAR 15:030 shall be submitted with the Level II Apprentice Registration Form. The Level II apprenticeship shall commence upon receipt of a Level II apprentice card issued by the board. The supervisor or the supervisor's designee shall continue to supervise the apprentice, in accordance with KRS 316.010(14) and 316.030(4)(e), for the duration of the apprenticeship.(d)
A Level II apprenticeship may continue for a period of up to three (3) years while the apprentice completes the apprenticeship requirements and takes the licensure examination.(e)
An apprentice should take the first examination for licensure within sixty (60) days of completion of all other apprenticeship requirements.(f)
For any apprenticeship violation of the rules of the apprenticeship, or other rules applicable to the professions of embalming or funeral directing, the board may extend the period of apprenticeship as part of disciplinary action.(g)
The board may grant extensions of any apprenticeship upon application for an extension by an apprentice and demonstration by the apprentice of good cause or extenuating circumstances upon which an extension should be granted.(2)
Supervision of funeral director apprentices.(a)
For the first twenty-five (25) cases with which a funeral director apprentice assists and throughout the first six (6) months of training, the supervisor or the supervisor's designee shall provide direct supervision during all of an apprentice's funeral directing activities.(b)
After the apprentice has completed both twenty-five (25) cases and six (6) months of the apprenticeship, the apprentice may perform funeral directing services if the supervisor or the supervisor's designee is available for consultation and supervision, in accordance with KRS 316.010(14).(c)
The supervisor shall notify the board in writing on the Level II Apprentice Registration Form that the apprentice has completed the required twenty-five (25) cases before allowing the apprentice to practice funeral directing without direct supervision. The funeral director Level II registration fee required by 201 KAR 15:030 shall be submitted with the Level II Apprentice Registration Form. The Level II apprenticeship shall commence upon receipt of a Level II apprentice card issued by the board. The supervisor or the supervisor's designee shall continue to supervise the apprentice, in accordance with KRS 316.010(14) and 316.030(4)(f), for the duration of the apprenticeship.(d)
A Level II apprenticeship may continue for a period of up to three (3) years while the apprentice completes the apprenticeship requirements and takes the licensure examination.(e)
An apprentice should take the first examination for licensure within sixty (60) days of completion of all other apprenticeship requirements.(f)
For any apprenticeship violation of the rules of the apprenticeship, or other rules applicable to the professions of embalming or funeral directing, the board may extend the period of apprenticeship as part of disciplinary action.(g)
The board may grant extensions of any apprenticeship upon application for an extension by an apprentice and demonstration by the apprentice of good cause or extenuating circumstances upon which an extension should be granted.(3)
Removals.(a)
The supervisor or the supervisor's designee shall be present and provide direct supervision during the removal of bodies for the first six (6) months of the apprenticeship and the first twenty-five (25) removals assisted in by the apprentice.(b)
After an apprentice has served six (6) months of apprenticeship and assisted with twenty-five (25) removals, an apprentice may make removals without the direct supervision of the supervisor or the supervisor's designee if the supervisor has determined that the apprentice is competent to perform removals without direct supervision.(c)
The supervisor shall notify the board in writing on the Level II Apprenticeship Registration Form that the apprentice has completed the required twenty-five (25) removals and that the supervisor's approval has been given for the apprentice to make removals without direct supervision before the apprentice may begin making these removals.(d)
An(4)
Calendar.(a)
The apprentice shall maintain a calendar at the registered location of the apprenticeship that includes(b)
The calendar shall identify:1.
The daily work schedule of the apprentice, including beginning and ending times; and2.
The days on which the apprentice does not work.(5)
An apprentice may work at the funeral establishment more hours per week than required by subsection (4) of this section. An apprentice may also attend mortuary school classes or complete mortuary school classwork while serving an apprenticeship, but shall(6)
If an apprentice's supervisor of record is replaced during the apprenticeship period, a Change of Supervisor form shall be completed and submitted within thirty (30) days following the change.Section 4.
Terminating and Reestablishing an Apprenticeship.(1)
Within five (5) days of the termination of an apprenticeship, the supervisor of record and the apprentice shall notify the board in writing of the termination, including the date on which the apprenticeship ceased.(2)
An apprentice funeral director or embalmer whose apprenticeship is terminated at the establishment originally identified to the board shall, within thirty (30) days of being employed by another funeral director or embalmer:(a)
Notify the board in writing of the change in employment and apprenticeship by completing and submitting a Change of Supervisor form;(b)
Identify the name, street address, and license number of the funeral director or embalmer under which the apprentice is continuing the apprenticeship; and(c)
Complete a new registration as set out in Section 2 of this administrative regulation that is signed by the licensed funeral director or embalmer who is to be the apprentice's new supervisor of record.(3)
An apprentice funeral director or embalmer who is unable to perform the duties of the apprenticeship for a period of two (2) weeks or more because of:(a)
The birth of a child and to care for the newborn child within one (1) year of birth;(b)
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one (1) year of placement;(c)
To care for the employee's spouse, child, or parent who has a serious health condition;(d)
A serious health condition that makes the employee unable to perform the essential functions of his or her job; or(e)
Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military member on covered active duty shall immediately notify the board of:1.
The date on which the apprentice became unable to perform the duties; and2.
The date on which the apprenticeship will be recommenced, not to exceed six (6) months following the commencement of the leave from apprenticeship.(4)
An apprenticeship shall not end later than the administration of the second examination for which the apprentice is eligible.(5)
At any time an apprenticeship ceases, or becomes inactive under these administrative regulations, an apprentice shallSection 5.
Sworn Statements.(1)
An apprentice shall file the Apprenticeship Sworn Statement required by KRS 316.030(7) on or before May 1 and November 1 of each year relating to the six (6) month period ending with the preceding middle of April or middle of October, respectively.(2)
The Apprenticeship Sworn Statement shall include:(a)
The names and dates of funerals in which the apprentice for a funeral director's license assisted in managing during each six (6) month period;(b)
The names and dates of embalming cases in which the apprentice for an embalmer's license assisted during each six (6) month period; and(c)
The names of the service items set forth in Section 3(6) of this administrative regulation specifically identified for each case in which the apprentice assisted during each six (6) month period.(3)
With the initial sworn statement, an apprentice shall file a report written by the applicant summarizing the requirements of KRS Chapter 316 and 201 KAR Chapter 15.(4)
With subsequent sworn statements, an apprentice shall file a report written by the applicant on an article or a book related to embalming or funeral directing read by the applicant during the six (6) month period. It shall contain a reference that includes the author, title, month and year of publication, and page numbers.(5)
The reports required by subsections (3) and (4) of this section shall be two (2) pages at a minimum and typed.(6)
An apprentice in mortuary school shall be exempt from the book report requirements of subsections (3) through (5) of this section if the apprentice submits the number of hours he or she is enrolled on the Apprenticeship Sworn Statements.(7)
(a)
The supervisor of record shall sign the sworn statements and certify that the apprentice has completed the cases and service items identified in the statement.(b)
If the apprentice has received supervision from a supervisor's designee, the supervisor of record shall still be responsible for:1.
The activities of the apprentice;2.
Signing the sworn statement; and3.
The certification of completion of cases and service items identified in the statement.(8)
Before the activities of the apprentice can count toward the requirements of KRS 316.030(4)(f) or (5)(e), the case shall include the following service items:(a)
For an embalming case, the apprentice shall have participated in the service items listed in Section 4(6)(b)3 through 7 of this administrative regulation; and(b)
For a funeral directing case, the apprentice shall have participated in the service items listed in Section 4(6)(c)3 through 9 of this administrative regulation.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Apprenticeship Application", 9/ 2019;(b)
"Change of Apprentice Supervisor", 9/2019;(c)
"Apprenticeship Sworn Statement", 9/2019;(d)
"Level II Apprentice Application", 9/2019; and(e)
"Apprentice Travel Form", 2017.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Embalmers and Funeral Directors, 9114 Leesgate Rd, Ste 4, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.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 June 27, 2022 at 1:00 pm, 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 June 30, 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 regulation prescribes the process to apply for an apprenticeship and requirements and expectations of an apprentice and apprentice supervisor.
(b) The necessity of this administrative regulation:
This administrative regulation explains the process and expectations to become a funeral director or embalmer
(c) How this administrative regulation conforms to the content of the authorizing statutes:
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation prescribes the expectations and requirements of an apprentice and supervisor.
(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:
The fees are removed in accordance with HB 220, The phrasing errors are corrected, The word “average” has been added to make the work week expectation more fair and applicable to the profession.
(b) The necessity of the amendment to this administrative regulation:
HB 220 removed fees from statutes placing them in administrative regulations. The bill went into effect 6/29/21. Apprentices will now be able to work hours that will better support their learning experience.
(c) How the amendment conforms to the content of the authorizing statutes:
This regulation removes the fees in accordance with HB 220 (d) How the amendment will assist in the effective administration of the statues: The amendments clarify the requirements regarding working time for apprentices.
(d) How the amendment will assist in the effective administration of the statutes:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Board averages five (5) new apprentice applications per month. This regulation will increase application fees from thirty (30) dollars to 100 dollars per application type (embalmer or funeral director). This expense can be paid by the individual or the funeral establishment. In addition, removing fees to the appropriate regulation streamlines the information.
(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 the application, Pay the fee as defined in 201 KAR 15:030, Attend board meeting, Begin apprenticeship
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Apprentices will pay $100 per registration
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will be legally registered to train as a funeral director and/or embalmer the specified period of time (3 years for high school graduates, 2 years for college graduates, 1 year for those with embalmer specific degrees).
(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:
This administrative regulation removes fees per HB 220
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation removes fees per HB 220.
(9) TIERING: Is tiering applied?
No
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 Establishments and Embalming Service Establishments, 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
(c) How much will it cost to administer this program for the first year?
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 (+/-):
Expenditures (+/-):
None
Other Explanation:
None
BOARDS AND COMMISSIONS
Board of Embalmers and Funeral Directors
(Amendment)
201 KAR 15:050.Apprenticeship and supervision requirements.
Section 1.
Apprenticeship Application.(1)
Prior to beginning an apprenticeship, an applicant shall:(a)
File an Apprenticeship Application Form with the board that includes the sworn statement required by KRS 316.030(7)(c);(b)
Pay the registration fee established in KRS 316.030(7)(b);(c)
Submit a current photograph;(d)
Submit a copy of the applicant's high school transcript or diploma, or high school equivalency diploma;(e)
Submit an official copy of any college transcripts;(f)
Submit an official copy of National Board scores, if available;(g)
Submit an official copy of a current (less than ninety (90) days prior to the application) criminal justice information system (CJIS) report obtained from the Federal Bureau of Investigation (FBI); and(h)
Appear before the board with the supervisor at the time and place identified by the board.(2)
The apprenticeship shall begin the day the applicant and supervisor meet with the board.Section 2.
Supervisor Responsibilities.(1)
An apprenticeship shall be served under the board-approved supervisor identified on the Apprenticeship Registration Form as the supervisor of record.(2)
Apprenticeships for both embalming and for funeral directing may be served concurrently under:(a)
A single individual acting as the supervisor of record who holds both a funeral director's license and an embalmer's license; or(b)
Two (2) individual licensees acting as the supervisor of record who together hold both a funeral director's license and an embalmer's license.(3)
Licensed embalmers and licensed funeral directors who seek approval from the board as a supervisor of record shall:(a)
Embalm or direct funerals at, and be employed by, the establishment where the apprentice is registered or at another funeral establishment if approved by the board;(b)
Appear before the board for approval with the apprentice; and(c)
Be responsible for ensuring that the apprentice complies with KRS Chapter 316 and 201 KAR Chapter 15.(4)
The board may withdraw approval of a supervisor based upon:(a)
Evidence of the inability to supervise an apprentice properly; or(b)
A violation of KRS Chapter 316 or 201 KAR Chapter 15.(5)
Apprentices may receive supervision by licensees other than the supervisor of record.(a)
Registered embalmer apprentices may be supervised by other licensed embalmers designated by the supervisor of record.(b)
Registered apprentice funeral directors may be supervised by other licensed funeral directors designated by the supervisor of record.(c)
Supervisors of record that designate other licensees to provide supervision for an apprentice shall remain responsible for the actions of the apprentice and for the quality of the designated supervision.(d)
The apprentice shall prepare an Apprentice Travel Form and maintain it with the apprentice calendar.(6)
The supervisor shall instruct an apprentice and ensure that an apprentice receives experience in all aspects of funeral directing or embalming, as applicable to the individual's apprenticeship.(a)
The instruction shall include:1.
The laws relating to the profession, including KRS Chapter 316 and 201 KAR Chapter 15; and2.
The theory and application of funeral directing or embalming.(b)
The training and work assignments for apprentice embalmers shall cover the following service items:1.
Initial call details;2.
Removals;3.
Embalming;4.
Restorative art treatment;5.
Posing body and features;6.
Bathing and cosmetizing of bodies;7.
Dressing and casketing of bodies;8.
Recordkeeping;9.
Purchasing of necessary supplies;10.
Preparation of autopsied bodies;11.
Care and maintenance of equipment and embalming room; and12.
Professional responsibility.(c)
The training and work assignments for apprentice funeral directors shall cover the following service items:1.
Initial call details;2.
Removals;3.
Counseling of families on the types of services and merchandise available;4.
Arrangements of funeral services and merchandise;5.
Preparing death certificates and documents;6.
Preparing applications for certain death benefits, such as Social Security, Veterans Administration, insurance companies, and lodges;7.
Preparing newspaper notices;8.
Conducting visitations or memorial services;9.
Directing funerals and graveside services;10.
Follow-up service to the family after the funeral service has been completed;11.
Recordkeeping;12.
Purchasing of necessary supplies;13.
Caring for equipment and premises; and14.
Professional responsibility.Section 3.
Supervision of Apprentices.(1)
Supervision of embalmer apprentices.(a)
For the first twenty-five (25) cases with which an embalmer apprentice assists and throughout the first six (6) months of training, the supervisor or the supervisor's designee shall be present with the apprentice and provide direct supervision of all of the apprentice's embalming activities.(b)
After the apprentice has completed both twenty-five (25) cases and six (6) months of the apprenticeship, the apprentice may perform embalming services if the supervisor or the supervisor's designee is available for consultation and supervision, in accordance with KRS 316.010(14).(c)
The supervisor shall notify the board in writing on the Level II Apprentice Registration Form that the apprentice has completed the required twenty-five (25) cases before allowing the apprentice to embalm without direct supervision. The embalmer Level II registration fee required by 201 KAR 15:030 shall be submitted with the Level II Apprentice Registration Form. The Level II apprenticeship shall commence upon receipt of a Level II apprentice card issued by the board. The supervisor or the supervisor's designee shall continue to supervise the apprentice, in accordance with KRS 316.010(14) and 316.030(4)(e), for the duration of the apprenticeship.(d)
A Level II apprenticeship may continue for a period of up to three (3) years while the apprentice completes the apprenticeship requirements and takes the licensure examination.(e)
An apprentice should take the first examination for licensure within sixty (60) days of completion of all other apprenticeship requirements.(f)
For any apprenticeship violation of the rules of the apprenticeship, or other rules applicable to the professions of embalming or funeral directing, the board may extend the period of apprenticeship as part of disciplinary action.(g)
The board may grant extensions of any apprenticeship upon application for an extension by an apprentice and demonstration by the apprentice of good cause or extenuating circumstances upon which an extension should be granted.(2)
Supervision of funeral director apprentices.(a)
For the first twenty-five (25) cases with which a funeral director apprentice assists and throughout the first six (6) months of training, the supervisor or the supervisor's designee shall provide direct supervision during all of an apprentice's funeral directing activities.(b)
After the apprentice has completed both twenty-five (25) cases and six (6) months of the apprenticeship, the apprentice may perform funeral directing services if the supervisor or the supervisor's designee is available for consultation and supervision, in accordance with KRS 316.010(14).(c)
The supervisor shall notify the board in writing on the Level II Apprentice Registration Form that the apprentice has completed the required twenty-five (25) cases before allowing the apprentice to practice funeral directing without direct supervision. The funeral director Level II registration fee required by 201 KAR 15:030 shall be submitted with the Level II Apprentice Registration Form. The Level II apprenticeship shall commence upon receipt of a Level II apprentice card issued by the board. The supervisor or the supervisor's designee shall continue to supervise the apprentice, in accordance with KRS 316.010(14) and 316.030(4)(f), for the duration of the apprenticeship.(d)
A Level II apprenticeship may continue for a period of up to three (3) years while the apprentice completes the apprenticeship requirements and takes the licensure examination.(e)
An apprentice should take the first examination for licensure within sixty (60) days of completion of all other apprenticeship requirements.(f)
For any apprenticeship violation of the rules of the apprenticeship, or other rules applicable to the professions of embalming or funeral directing, the board may extend the period of apprenticeship as part of disciplinary action.(g)
The board may grant extensions of any apprenticeship upon application for an extension by an apprentice and demonstration by the apprentice of good cause or extenuating circumstances upon which an extension should be granted.(3)
Removals.(a)
The supervisor or the supervisor's designee shall be present and provide direct supervision during the removal of bodies for the first six (6) months of the apprenticeship and the first twenty-five (25) removals assisted in by the apprentice.(b)
After an apprentice has served six (6) months of apprenticeship and assisted with twenty-five (25) removals, an apprentice may make removals without the direct supervision of the supervisor or the supervisor's designee if the supervisor has determined that the apprentice is competent to perform removals without direct supervision.(c)
The supervisor shall notify the board in writing on the Level II Apprenticeship Registration Form that the apprentice has completed the required twenty-five (25) removals and that the supervisor's approval has been given for the apprentice to make removals without direct supervision before the apprentice may begin making these removals.(d)
An individual who obtains or holds a permit from this board to transport dead human bodies shall not use transport removals performed under that permit to accumulate the number of removals required to complete an apprenticeship. All apprenticeship removals shall be performed within the requirements of the apprenticeship and supervision. Hours accumulated performing removals under a Transport Permit shall not count toward an apprentice's average weekly work hours requirement.(4)
Calendar.(a)
The apprentice shall maintain a calendar at the registered location of the apprenticeship that includes the apprentice's work schedule documenting an average of forty (40) regular hours per week that he or she has worked. The calendar shall be reviewed and signed on a daily basis by the supervisor to indicate that the supervisor has reviewed and approved the apprentice's work. The calendar shall be available for inspection by the state inspector during any inspection of the establishment. The calendar shall be maintained by an apprentice until the apprentice passes the required examinations and becomes licensed.(b)
The calendar shall identify:1.
The daily work schedule of the apprentice, including beginning and ending times; and2.
The days on which the apprentice does not work.(5)
An apprentice may work at the funeral establishment more hours per week than required by subsection (4) of this section. An apprentice may also attend mortuary school classes or complete mortuary school classwork while serving an apprenticeship, but shall still work an average of forty (40) hours per week under the apprenticeship.(6)
If an apprentice's supervisor of record is replaced during the apprenticeship period, a Change of Supervisor form shall be completed and submitted within thirty (30) days following the change.Section 4.
Terminating and Reestablishing an Apprenticeship.(1)
Within five (5) days of the termination of an apprenticeship, the supervisor of record and the apprentice shall notify the board in writing of the termination, including the date on which the apprenticeship ceased.(2)
An apprentice funeral director or embalmer whose apprenticeship is terminated at the establishment originally identified to the board shall, within thirty (30) days of being employed by another funeral director or embalmer:(a)
Notify the board in writing of the change in employment and apprenticeship by completing and submitting a Change of Supervisor form;(b)
Identify the name, street address, and license number of the funeral director or embalmer under which the apprentice is continuing the apprenticeship; and(c)
Complete a new registration as set out in Section 2 of this administrative regulation that is signed by the licensed funeral director or embalmer who is to be the apprentice's new supervisor of record.(3)
An apprentice funeral director or embalmer who is unable to perform the duties of the apprenticeship for a period of two (2) weeks or more because of:(a)
The birth of a child and to care for the newborn child within one (1) year of birth;(b)
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one (1) year of placement;(c)
To care for the employee's spouse, child, or parent who has a serious health condition;(d)
A serious health condition that makes the employee unable to perform the essential functions of his or her job; or(e)
Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military member on covered active duty shall immediately notify the board of:1.
The date on which the apprentice became unable to perform the duties; and2.
The date on which the apprenticeship will be recommenced, not to exceed six (6) months following the commencement of the leave from apprenticeship.(4)
An apprenticeship shall not end later than the administration of the second examination for which the apprentice is eligible.(5)
At any time an apprenticeship ceases, or becomes inactive under these administrative regulations, an apprentice shall not lose credit for the time served in the apprenticeship. An apprentice whose apprenticeship has ceased or become inactive may be reinstated to apprenticeship by notice to the board including the name of the apprentice's supervisor upon his or her return to active apprenticeship, the establishment at which the apprentice is employed, and payment of a processing fee as established in 201 KAR 15:030. The reinstated apprentice shall be responsible for compliance with all other apprenticeship requirements from the date of reinstatement forward.Section 5.
Sworn Statements.(1)
An apprentice shall file the Apprenticeship Sworn Statement required by KRS 316.030(7) on or before May 1 and November 1 of each year relating to the six (6) month period ending with the preceding middle of April or middle of October, respectively.(2)
The Apprenticeship Sworn Statement shall include:(a)
The names and dates of funerals in which the apprentice for a funeral director's license assisted in managing during each six (6) month period;(b)
The names and dates of embalming cases in which the apprentice for an embalmer's license assisted during each six (6) month period; and(c)
The names of the service items set forth in Section 3(6) of this administrative regulation specifically identified for each case in which the apprentice assisted during each six (6) month period.(3)
With the initial sworn statement, an apprentice shall file a report written by the applicant summarizing the requirements of KRS Chapter 316 and 201 KAR Chapter 15.(4)
With subsequent sworn statements, an apprentice shall file a report written by the applicant on an article or a book related to embalming or funeral directing read by the applicant during the six (6) month period. It shall contain a reference that includes the author, title, month and year of publication, and page numbers.(5)
The reports required by subsections (3) and (4) of this section shall be two (2) pages at a minimum and typed.(6)
An apprentice in mortuary school shall be exempt from the book report requirements of subsections (3) through (5) of this section if the apprentice submits the number of hours he or she is enrolled on the Apprenticeship Sworn Statements.(7)
(a)
The supervisor of record shall sign the sworn statements and certify that the apprentice has completed the cases and service items identified in the statement.(b)
If the apprentice has received supervision from a supervisor's designee, the supervisor of record shall still be responsible for:1.
The activities of the apprentice;2.
Signing the sworn statement; and3.
The certification of completion of cases and service items identified in the statement.(8)
Before the activities of the apprentice can count toward the requirements of KRS 316.030(4)(f) or (5)(e), the case shall include the following service items:(a)
For an embalming case, the apprentice shall have participated in the service items listed in Section 4(6)(b)3 through 7 of this administrative regulation; and(b)
For a funeral directing case, the apprentice shall have participated in the service items listed in Section 4(6)(c)3 through 9 of this administrative regulation.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Apprenticeship Application", 9/ 2019;(b)
"Change of Apprentice Supervisor", 9/2019;(c)
"Apprenticeship Sworn Statement", 9/2019;(d)
"Level II Apprentice Application", 9/2019; and(e)
"Apprentice Travel Form", 2017.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Embalmers and Funeral Directors, 9114 Leesgate Rd, Ste 4, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.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 June 27, 2022 at 1:00 pm, 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 June 30, 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 regulation prescribes the process to apply for an apprenticeship and requirements and expectations of an apprentice and apprentice supervisor.
(b) The necessity of this administrative regulation:
This administrative regulation explains the process and expectations to become a funeral director or embalmer
(c) How this administrative regulation conforms to the content of the authorizing statutes:
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation prescribes the expectations and requirements of an apprentice and supervisor.
(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:
The fees are removed in accordance with HB 220, The phrasing errors are corrected, The word “average” has been added to make the work week expectation more fair and applicable to the profession.
(b) The necessity of the amendment to this administrative regulation:
HB 220 removed fees from statutes placing them in administrative regulations. The bill went into effect 6/29/21. Apprentices will now be able to work hours that will better support their learning experience.
(c) How the amendment conforms to the content of the authorizing statutes:
This regulation removes the fees in accordance with HB 220 (d) How the amendment will assist in the effective administration of the statues: The amendments clarify the requirements regarding working time for apprentices.
(d) How the amendment will assist in the effective administration of the statutes:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Board averages five (5) new apprentice applications per month. This regulation will increase application fees from thirty (30) dollars to 100 dollars per application type (embalmer or funeral director). This expense can be paid by the individual or the funeral establishment. In addition, removing fees to the appropriate regulation streamlines the information.
(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 the application, Pay the fee as defined in 201 KAR 15:030, Attend board meeting, Begin apprenticeship
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Apprentices will pay $100 per registration
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will be legally registered to train as a funeral director and/or embalmer the specified period of time (3 years for high school graduates, 2 years for college graduates, 1 year for those with embalmer specific degrees).
(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:
This administrative regulation removes fees per HB 220
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation removes fees per HB 220.
(9) TIERING: Is tiering applied?
No
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 Establishments and Embalming Service Establishments, 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
(c) How much will it cost to administer this program for the first year?
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 (+/-):
Expenditures (+/-):
None
Other Explanation:
None