The Board proposes the substantial rewrite of the rule to modify the language and incorporate forms DFS-N1-1755, “Application for Embalmer Apprentice License,” and DFS-N1-1733, “Application to Extend Embalmer Apprenticeship,” into the rule.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-27.001Embalmer Apprentice Program.

PURPOSE AND EFFECT: The Board proposes the substantial rewrite of the rule to modify the language and incorporate forms DFS-N1-1755, “Application for Embalmer Apprentice License,” and DFS-N1-1733, “Application to Extend Embalmer Apprenticeship,” into the rule.

SUMMARY: The substantial rewrite of the rule will modify the language and will incorporate forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or any businesses, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 497.103, 497.371 FS.

LAW IMPLEMENTED: 497.371 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, [phone], Ellen [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 69K-27.001, F.A.C., follows. See Florida Administrative Code for present text.

 

69K-27.001 Embalmer Apprentice Program.

(1) Persons desiring to become an embalmer apprentice shall submit to the Division of Funeral, Cemetery, and Consumer Services an Application For Embalmer Apprentice License, (Rev. 8/2010), Form DFS-N1-1755, incorporated herein by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-______, or from the Board office or on the Board's website, http://www.myfloridacfo.com, together with a fifty dollar ($50.00) nonrefundable application fee. No embalmer apprentice license shall be issued unless the applicant is at least 18 years of age, has received a high school diploma or equivalent degree, and is determined to be of good character and has not demonstrated a history of lack of trustworthiness or integrity in business or professional matters.

(2) Embalmer apprentice licenses shall be issued for a period of three years.

(3) An embalmer apprentice license may be extended for an additional two years past the initial three year licensure period, if during the additional two years the apprentice is enrolled in and attending a course in mortuary science or funeral service education at any mortuary college or funeral service education college or school. Such extension may not be applied for or granted earlier than 180 days before the expiration of the original three year apprentice license. To obtain such extension the embalmer apprentice licensee shall at least 60 days prior to the expiration of their initial three year embalmer apprentice license, file with the Division an Application to Extend Embalmer Apprenticeship, (Rev. 7/2012), Form DFS-N1-1733, incorporated herein by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-______, or from the Board office or on the Board's website, http://www.myfloridacfo.com, together with evidence of the required college or school enrollment and attendance. The evidence of the required college or school enrollment and attendance shall consist of a dated letter or report from the college or school, on the letterhead of the college or school, indicating that the person seeking the extension is currently enrolled in or has been accepted for enrollment in said college or school. An extension under this paragraph shall terminate at the earlier of the two year extension period, or when the apprentice ceases to be enrolled in and attending the mortuary college or funeral service education college or school.  If during an extension granted under this paragraph the apprentice ceases to be enrolled in and attending the mortuary college or funeral service education college or school, the apprentice shall within 30 days of such cessation of enrollment and attendance, cease their apprentice activities and notify their apprentice supervisor and the Division of such cessation of enrollment and attendance.

(4) An embalmer apprenticeship may be performed only at a training agency approved under Section 497.375(2) and Rule 69K-18.004, F.A.C. All embalmer apprentice activities shall be under the direct supervision of a Florida licensed embalmer in good standing who shall provide quarterly reports to the Division pursuant to Rule 69K-18.002(9), F.A.C., concerning the activities engaged in by the embalmer apprentice during the preceding calendar quarter.

(5) If an embalmer apprentice license is extended for two years based upon the apprentice being enrolled in and attending a course in mortuary science or funeral service education at any mortuary college or funeral service education college or school, during such extension the apprentice's supervising embalmer shall assure that the embalmer apprentice remains enrolled in his or her educational program.

(6) If an embalmer apprentice is unable to perform as an embalmer apprentice for a portion of his or her embalmer apprenticeship license period due to illness or personal injury, he or she may request an extension of the apprenticeship for a period equal to the period in which he or she was unable to perform. The embalmer apprentice may seek such extension by filing with the Division, prior to the expiration of his or her original embalmer apprentice license period, an Application to Extend Embalmer Apprenticeship due to illness or injury, form DFS-N1-1733 available on the Division's website, together with a statement of a medical care provider documenting the illness or injury and its duration. 

(7) No person shall be issued more than one embalmer apprentice license in his or her lifetime.

Rulemaking Specific Authority 497.103, 497.371 FS. Law Implemented 497.371 FS. History–New 8-18-82, Formerly 21J-27.01, Amended 11-15-92, Formerly 21J-27.001, Amended 7-14-99, Formerly 61G8-27.001, Amended                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Division of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Division of Funeral, Cemetery, and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 30, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2016