These rules are being updated to reflect current statutory references and requirements. Further, the amendments include editorial changes. These proposed rules were approved by the Board of Funeral, Cemetery, and Consumer Services at its meeting on ...

Notice of Proposed Rule

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NOS.:RULE TITLES:

69K-15.001Course in Mortuary Science.

69K-15.002Associate of Arts Degree in Mortuary Science.

69K-15.003Arrangements.

69K-15.004At Need; Preneed.

PURPOSE AND EFFECT: These rules are being updated to reflect current statutory references and requirements. Further, the amendments include editorial changes. These proposed rules were approved by the Board of Funeral, Cemetery, and Consumer Services at its meeting on April 30, 2015.

SUMMARY: The definitions for “mortuary science” and “associate degrees” have been updated to reflect the statutory language. The rule amendments include removing duplicative language and implementing editorial changes.

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: The Department conducted an economic analysis of the potential impact of the proposed rule repeal and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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, 497.161(1)(a), 497.368, 497.370, 497.373 FS.

LAW IMPLEMENTED: 497.161(1)(a), 497.368, 497.370, 497.372, 497.373 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, November 23, 2015, 10:00 a.m. or at the conclusion of the hearing for rules 69K-7.009, 69K-7.011 & 69K-7.012, F.A.C.

PLACE: 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ellen Simon, telephone: [phone] or e-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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, address: 200 East Gaines Street, Tallahassee, Florida 32399-0361, telephone: [phone], e-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69K-15.001 Course in Mortuary Science.

(1) A The term “course in mortuary science,” will be approved by the Board if taught as used in Sections 497.368(1)(d) and 497.370(2), F.S., shall be deemed and construed to mean a course of study at a university school or college accredited by the American Board of Funeral Service Education, a university or college accredited by a regional accrediting agency regional association of colleges and schools recognized by the United States Department of Education, or other colleges and universities in one of the subject areas identified in paragraph 473.368(1)(d), F.S. schools as approved by the Board, which includes the subjects of theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, and public health and sanitation.

(2) Universities Schools and/or colleges offering courses in mortuary science which do not meet the requirements of subsection (1) above may be approved by the Board upon a finding by the Board that the institution substantially complies with the criteria for accreditation established by the American Board of Funeral Service Education.

Rulemaking Specific Authority 497.103, 497.368, 497.370 FS. Law Implemented 497.368, 497.370 FS. History–New 11-11-79, Formerly 21J-15.01, Amended 8-8-88, Formerly 21J-15.001, 61G8-15.001, Amended________.

 

69K-15.002 Associate of Arts Degree in Mortuary Science.

(1) An The term “ associate of arts degree, associate in science degree, or an associate in applied science degree in mortuary science , ” as used in Section 497.373(1), F.S., shall be deemed and construed to mean an associate of arts, associate of science or associate of applied science degree will be approved by the Board if obtained after successful completion of a course of study at a university school or college accredited by the American Board of Funeral Service Education, a university or college accredited by a regional accredited agency regional association of colleges and schools recognized by the United States Department of Education, or other colleges and universities schools as approved by the Department which require a minimum of either 60 semester or 90 quarter hours of study to successfully complete.

(2) A person who holds an associate degree or higher degree from a college or university accredited by a regional accrediting agency association of colleges and schools recognized by the United States Department of Education and is a graduate of at least a one-year course in mortuary science offered by a school or college approved by the American Board of Funeral Service Education, or by this Board, is deemed to have completed educational requirements equivalent to the associate degree in mortuary science as used in subsection Section 497.373(1), F.S.

Rulemaking Specific Authority 497.103, 497.373 FS. Law Implemented 497.373 FS. History–New 11-11-79, Amended 10-16-85, Formerly 21J-15.02, 21J-15.002, 61G8-15.002, Amended________.

 

 

69K-15.003 Arrangements.

(1) The term “arrangements” as used in Section 497.372, F.S., shall be deemed and construed to include, but not be limited to, the following acts:

(a) Planning the details of funeral services, setting the time of the service, identifying the type of service to be rendered, acquiring the services of a minister, priest, or other clergy, obtaining vital information for the filing of death certificates, and obtaining burial-transit permits and making financial arrangements relating to funeral services and merchandise; and

(b) No change.

(c) Personal, on-site supervision of all scheduled funeral rites as contracted. ; and

(d) Management or supervision of the operation of funeral establishments except for administrative matters such as budgeting, accounting, maintenance of buildings, equipment and grounds, and routine clerical and recordkeeping functions.

(2) No Change.

(a) Clerical preparation of death certificates, insurance forms, and similar duties;

(b) and (c) are changed to (a) and (b) No change.

(d) Removal of remains to funeral establishments, medical examiners’ offices or other locations as authorized and provided by law;

(e) Except as provided in paragraph (1)(b), furnishing standard printed price lists and other disclosure information to the public by telephone or by providing such lists to persons making personal inquiry.

(3) and (4) No change.

RulemakingSpecific Authority 497.103 FS. Law Implemented 497.372 FS. History–New 12-26-85, Formerly 21J-15.003, 61G8-15.003, Amended________.

 

69K-15.004 At Need; Preneed.

(1) As used in paragraphs Section 497.372(1)(a), (b) and (c), F.S., “at need” means after the individual for whom arrangements are being made has died.

(2) As used in paragraph Section 497.372(3)(e) 497.372(2)(e), F.S., “preneed” means before the individual for whom arrangements are being made has died.

(3) No change.

Rulemaking Specific Authority 497.103, 497.161(1)(a) FS. Law Implemented 497.161(1)(a), 497.372 FS. History–New 10-21-91, Formerly 21J-15.004, Amended 10-13-97, Formerly 61G8-15.004, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ellen Simon, Assistant Director, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 31, 2015