Title 201 | Chapter 015 | Regulation 050REG
PROPOSED
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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) national criminal justice information system (CJIS) report obtained from an agency approved by the Kentucky Board of Embalmers and Funeral Directors(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 or the end of the apprenticeship, whichever comes first.(b)
The calendar shall identify:1.
The daily work schedule of the apprentice, including beginning and ending times;2.
The days on which the apprentice does not work; and3.
Activities completed within the work schedule.(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 within the same establishment 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 notify the board(a)
Notify the board in writing of the change in employment and apprenticeship by completing and submitting an Apprentice Registration(b)
Appear before the board with the supervisor at the time and place identified by the board.(c)
(3)
(a)
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:1.(a)
The birth of a child and to care for the newborn child within one (1) year of birth;2.(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;3.(c)
To care for the employee's spouse, child, or parent who has a serious health condition;4.(d)
A serious health condition that makes the employee unable to perform the essential functions of his or her job; or5.(e)
Any qualifying exigency arising out of the fact that the apprentice or their6.
Active, full-time enrollment in an accredited mortuary school.(b)
The apprentice shall, within five (5) business days, inform 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 except military or mortuary school.(4)
An apprenticeship shall end ten (10) days after the administration of the 1st exam opportunity for a level I apprentice or ten (10) days after the 2nd examination opportunity for a level II apprentice(5)
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 first and last 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 first and last 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 first and last 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)
Except for the initial book report, an apprentice in mortuary school shall be exempt from the book report requirements of subsections(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", 6/2024(b)
"Change of Apprentice Supervisor", 6/2024(c)
"Apprenticeship Sworn Statement", 6/2024(d)
"Level II Apprentice Application", 6/2024;(e)
"Apprentice Travel Form", 6/2024; and(f)
"Apprenticeship Change/Reinstatement", 6/2024.(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. Materials incorporated by reference can also be found on the Kentucky Board of Embalmers and Funeral Directors Web site at: https://kbefd.ky.gov/Pages/forms.aspx.KANETHA DORSEY, Executive Director
JONATHAN RIDEOUT, Chairman
APPROVED BY AGENCY: May 14, 2024
FILED WITH LRC: August 15, 2024 at 12:05 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 24, 2024 at 9:00 a.m., at 9114 Leesgate Rd, Ste 4, Louisville, Kentucky 40222. 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 October 31, 2024. 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 administrative regulation describes the use, prohibitions, and responsibilities of apprentice funeral directors, apprentice embalmers, and their supervisor(s)
(b) The necessity of this administrative regulation:
This administrative regulation sets out the types of apprenticeship, how to register, and the expectations of both the supervisors and apprentices during the apprenticeship.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 316.030 authorizes individuals to become licensed after completion of an apprenticeship. This regulation supports the statute by outlining the process of becoming and completing the apprenticeship. It provides roles, responsibilities and expectations of the funeral director and embalmer apprentice according to KRS 316.030
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation provides the procedure for successful completion of the apprenticeship program and prepare the individual for licensure via examination.
(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:
Section 1(g) changes the strict FBI check policy, which has been hard for applicants to obtain in some areas of the Commonwealth. The requirement for a criminal background check is still expected however, the board will be able to accept reports from other entities. Section 3 (4) outlines how long the calendar shall be maintained and what should be included in the calendar, a point of confusion for apprentices. Section 3(6) and Section 4(2) clarify how changes should be communicated to the Board. Section 4 (3) provides the addition of the apprentice to be included in a reason for placing an apprenticeship on hold due to military orders. Section 4 (4) and (5) clarifies wording explaining the end of an apprenticeship and placing an apprenticeship on hold. Section 5 Clarifies the procedures for sworn statements and book reports which are due to the Board.
(b) The necessity of the amendment to this administrative regulation:
Section 1(g)-Acquiring and FBI background check has taken some applicants months and several fingerprint sets before receiving a completed national criminal background report. The requirement for a national criminal background report is still expected however, the board will be able to accept reports from other entities. Section 3 (4)-This amendment clarifies how long the calendar should be maintained and what should be included in the calendar. Section 3(6) and Section 4(2)-currently notices of changes are sent via a format that is out of date with eh current practice of the Board. This amendment brings the notice up-to-date with the needs of the office for records management and the requirements of the Board. Section 4 (3)-This amendment adds the apprentice as a person who could place their apprenticeship on hold due to military orders. Section 4 (4) and (5)-These amendments inform the apprentice and supervisor of the end date of the apprenticeship. Section 5-Apprentices in mortuary school were able to complete their apprenticeship and never have to complete a book report. This amendment requires an apprentice to complete at least one book report on the statutes and regulations with their first sworn statement.
(c) How the amendment conforms to the content of the authorizing statutes:
Each amendment seeks to clarify it’s respective portion of the regulation. This is an attempt to ensure an apprentice is able to complete their apprenticeship and pass the necessary examination per KRS 316.030.
(d) How the amendment will assist in the effective administration of the statutes:
Each amendment will assist by providing clear expectations of the apprentice and supervisor throughout their journey to licensure.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are currently 510 funeral service establishments in Kentucky. 250 Apprentices. 250+ Licensed supervisors.
(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:
Applicants will not have to wait months in some cases to start their apprenticeship due to wait times and issues with fingerprints; more options will be available to applicants to obtain their national criminal justice information system report. Apprentices who change funeral homes or supervisors will utilize a specific form to inform the board of changes which provides guidance to the apprentice and their supervisor and decreases duplication. They must also appear before the board to be registered before the Board and placed in the minutes of the meeting. All apprentices will be required to review the statutes and regulations and complete at least one book report during their apprenticeship. Apprentices will know exactly when their apprenticeship ends and how to place it on hold according to the regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional fees are established in these amendments
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Apprentices working beyond the end of their apprenticeship will decrease. Supervisors and apprentices will know how to calculate the completion of their apprenticeship. Establishments will be able to hire apprentices and put them to work faster.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No initial cost
(b) On a continuing basis:
No additional cost on an ongoing basis
(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:
Fees are not necessary to implement the regulation and continue to pay for supplies and tools to provide for oversight
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not increase fees for apprentices or establishments This regulation requires a processing fee in the case of a transfer or reinstatement of an apprenticeship.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 316.010 KRS 316.030
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Embalmers & Funeral Directors
(a) Estimate the following for the first year:
Expenditures:
Paper. Approximately 2 packs of paper $15.00
Revenues:
$17,500
Cost Savings:
None anticipated
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Expenditures are expected to be about the same.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Cities, counties, and fire departments are affected by this industry
(a) Estimate the following for the first year:
Expenditures:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Revenues:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Cost Savings:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No change is anticipated.
(4) Identify additional regulated entities not listed in questions (2) or (3):
None are known or anticipated.
(a) Estimate the following for the first year:
Expenditures:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Revenues:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Cost Savings:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation has no change in fees and only seeks to update the wording to make the regulation clearer. The impact will be the same in that individuals who wish to become licensed as a funeral director or embalmer through apprenticeship will pay the fee as outlined in 201 KAR 15:030, this provides jobs and a service to the community.
(b) Methodology and resources used to determine the fiscal impact:
The budget request report was used to determine fiscal impact as well as the necessity and function statement from the regulation.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This regulation will not have an overall negative or adverse major economic impact due to the low fees requested.
(b) The methodology and resources used to reach this conclusion:
The budget request report and regulation were used to reach this conclusion.
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) national criminal justice information system (CJIS) report obtained from an agency approved by the Kentucky Board of Embalmers and Funeral Directors; 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 or the end of the apprenticeship, whichever comes first.(b)
The calendar shall identify:1.
The daily work schedule of the apprentice, including beginning and ending times;2.
The days on which the apprentice does not work; and3.
Activities completed within the work schedule.(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 within the same establishment 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 notify the board within thirty (30) days of being employed by another establishment:(a)
Notify the board in writing of the change in employment and apprenticeship by completing and submitting an Apprentice Registration form;(b)
Appear before the board with the supervisor at the time and place identified by the board.(3)
(a)
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:1.
The birth of a child and to care for the newborn child within one (1) year of birth;2.
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;3.
To care for the employee's spouse, child, or parent who has a serious health condition;4.
A serious health condition that makes the employee unable to perform the essential functions of his or her job; or5.
Any qualifying exigency arising out of the fact that the apprentice or their spouse, son, daughter, or parent is a military member on covered active duty;6.
Active, full-time enrollment in an accredited mortuary school.(b)
The apprentice shall, within five (5) business days, inform 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 except military or mortuary school.(4)
An apprenticeship shall end ten (10) days after the administration of the 1st exam opportunity for a level I apprentice or ten (10) days after the 2nd examination opportunity for a level II apprentice for which the apprentice is eligible.(5)
An apprenticeship which becomes inactive under these administrative regulations, or is completed without testing 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 first and last 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 first and last 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 first and last 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)
Except for the initial book report, an apprentice in mortuary school shall be exempt from the book report requirements of subsections (4) 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", 6/2024;(b)
"Change of Apprentice Supervisor", 6/2024;(c)
"Apprenticeship Sworn Statement", 6/2024;(d)
"Level II Apprentice Application", 6/2024;(e)
"Apprentice Travel Form", 6/2024; and(f)
"Apprenticeship Change/Reinstatement", 6/2024.(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. Materials incorporated by reference can also be found on the Kentucky Board of Embalmers and Funeral Directors Web site at: https://kbefd.ky.gov/Pages/forms.aspx.KANETHA DORSEY, Executive Director
JONATHAN RIDEOUT, Chairman
APPROVED BY AGENCY: May 14, 2024
FILED WITH LRC: August 15, 2024 at 12:05 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 24, 2024 at 9:00 a.m., at 9114 Leesgate Rd, Ste 4, Louisville, Kentucky 40222. 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 October 31, 2024. 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 administrative regulation describes the use, prohibitions, and responsibilities of apprentice funeral directors, apprentice embalmers, and their supervisor(s)
(b) The necessity of this administrative regulation:
This administrative regulation sets out the types of apprenticeship, how to register, and the expectations of both the supervisors and apprentices during the apprenticeship.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 316.030 authorizes individuals to become licensed after completion of an apprenticeship. This regulation supports the statute by outlining the process of becoming and completing the apprenticeship. It provides roles, responsibilities and expectations of the funeral director and embalmer apprentice according to KRS 316.030
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation provides the procedure for successful completion of the apprenticeship program and prepare the individual for licensure via examination.
(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:
Section 1(g) changes the strict FBI check policy, which has been hard for applicants to obtain in some areas of the Commonwealth. The requirement for a criminal background check is still expected however, the board will be able to accept reports from other entities. Section 3 (4) outlines how long the calendar shall be maintained and what should be included in the calendar, a point of confusion for apprentices. Section 3(6) and Section 4(2) clarify how changes should be communicated to the Board. Section 4 (3) provides the addition of the apprentice to be included in a reason for placing an apprenticeship on hold due to military orders. Section 4 (4) and (5) clarifies wording explaining the end of an apprenticeship and placing an apprenticeship on hold. Section 5 Clarifies the procedures for sworn statements and book reports which are due to the Board.
(b) The necessity of the amendment to this administrative regulation:
Section 1(g)-Acquiring and FBI background check has taken some applicants months and several fingerprint sets before receiving a completed national criminal background report. The requirement for a national criminal background report is still expected however, the board will be able to accept reports from other entities. Section 3 (4)-This amendment clarifies how long the calendar should be maintained and what should be included in the calendar. Section 3(6) and Section 4(2)-currently notices of changes are sent via a format that is out of date with eh current practice of the Board. This amendment brings the notice up-to-date with the needs of the office for records management and the requirements of the Board. Section 4 (3)-This amendment adds the apprentice as a person who could place their apprenticeship on hold due to military orders. Section 4 (4) and (5)-These amendments inform the apprentice and supervisor of the end date of the apprenticeship. Section 5-Apprentices in mortuary school were able to complete their apprenticeship and never have to complete a book report. This amendment requires an apprentice to complete at least one book report on the statutes and regulations with their first sworn statement.
(c) How the amendment conforms to the content of the authorizing statutes:
Each amendment seeks to clarify it’s respective portion of the regulation. This is an attempt to ensure an apprentice is able to complete their apprenticeship and pass the necessary examination per KRS 316.030.
(d) How the amendment will assist in the effective administration of the statutes:
Each amendment will assist by providing clear expectations of the apprentice and supervisor throughout their journey to licensure.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are currently 510 funeral service establishments in Kentucky. 250 Apprentices. 250+ Licensed supervisors.
(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:
Applicants will not have to wait months in some cases to start their apprenticeship due to wait times and issues with fingerprints; more options will be available to applicants to obtain their national criminal justice information system report. Apprentices who change funeral homes or supervisors will utilize a specific form to inform the board of changes which provides guidance to the apprentice and their supervisor and decreases duplication. They must also appear before the board to be registered before the Board and placed in the minutes of the meeting. All apprentices will be required to review the statutes and regulations and complete at least one book report during their apprenticeship. Apprentices will know exactly when their apprenticeship ends and how to place it on hold according to the regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional fees are established in these amendments
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Apprentices working beyond the end of their apprenticeship will decrease. Supervisors and apprentices will know how to calculate the completion of their apprenticeship. Establishments will be able to hire apprentices and put them to work faster.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No initial cost
(b) On a continuing basis:
No additional cost on an ongoing basis
(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:
Fees are not necessary to implement the regulation and continue to pay for supplies and tools to provide for oversight
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not increase fees for apprentices or establishments This regulation requires a processing fee in the case of a transfer or reinstatement of an apprenticeship.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 316.010 KRS 316.030
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Embalmers & Funeral Directors
(a) Estimate the following for the first year:
Expenditures:
Paper. Approximately 2 packs of paper $15.00
Revenues:
$17,500
Cost Savings:
None anticipated
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Expenditures are expected to be about the same.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Cities, counties, and fire departments are affected by this industry
(a) Estimate the following for the first year:
Expenditures:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Revenues:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Cost Savings:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No change is anticipated.
(4) Identify additional regulated entities not listed in questions (2) or (3):
None are known or anticipated.
(a) Estimate the following for the first year:
Expenditures:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Revenues:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
Cost Savings:
None anticipated, although these entities are affected by the industry, there is no contractual or financial connection with the agency or regulation
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation has no change in fees and only seeks to update the wording to make the regulation clearer. The impact will be the same in that individuals who wish to become licensed as a funeral director or embalmer through apprenticeship will pay the fee as outlined in 201 KAR 15:030, this provides jobs and a service to the community.
(b) Methodology and resources used to determine the fiscal impact:
The budget request report was used to determine fiscal impact as well as the necessity and function statement from the regulation.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This regulation will not have an overall negative or adverse major economic impact due to the low fees requested.
(b) The methodology and resources used to reach this conclusion:
The budget request report and regulation were used to reach this conclusion.