This rulemaking action specifies criteria for approval of courses of study offered in satisfaction of educational requirements for licensure under chapter 497, FS. This rulemaking specifies procedures for use by colleges or universities seeking to ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

RULE NO.: RULE TITLE:
69K-100.035: Courses of Study: Criteria; Procedures for college or university to obtain approval
PURPOSE AND EFFECT: This rulemaking action specifies criteria for approval of courses of study offered in satisfaction of educational requirements for licensure under chapter 497, FS. This rulemaking specifies procedures for use by colleges or universities seeking to obtain approval by the Board of courses of study as satisfying specified educational requirements for specified categories of licensure under Chapter 497, F.S. The proposed rule specifies which types of courses will be deemed to satisfy the statutory requirements for specified categories of licensure under Chapter 497, F.S. This proposed rule was approved by the Board of Funeral, Cemetery, and Consumer Services on December 2, 2010.
SUMMARY: This proposed rule deals with courses of study required by statute for licensure under Chapter 497, F.S.
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 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: Knowledge and experience of Department staff.
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(5), 497.141(2), 497.161(1)(a), 497.368(1)(d), 497.373(1)(d)2. FS.
LAW IMPLEMENTED: 497.368, 497.370, 497.373, 497.375, 497.376 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: January 17, 2012, 10:00 a.m.
PLACE: Room 332, Pepper Building, 111 W. Madison 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 48 days before the workshop/meeting by contacting: LaTonya Bryant-Parker, at [phone], or by email at [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: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, [phone], [e-mail]. Direct any request for a hearing to Mr. Shropshire.

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-100.035 Courses of Study: Criteria; Procedures for College or University to Obtain Approval.

(1) This rule relates to courses of study for funeral director or embalmer licensure, under Sections 497.368(1)(d), 497.370(2) and 497.373(1)(d)2., F.S., which require approval of the licensing authority. This rule specifies criteria for course approval, and provides procedures for colleges or universities in seeking and obtaining Board approval for a proposed course of study.

(2) DEFINITIONS AND TERMINOLOGY.

(a) “ABFSE” refers to the American Board of Funeral Service Education, 3414 Ashland Avenue, Suite G, St. Joseph, MO 64506.

(3) TYPES OF COURSES OF STUDY. For purposes of identifying and referring to particular course of study as satisfying the applicable education requirements of Sections 497.368(1)(d), 497.370(2) and 497.373(1)(d)2., F.S., the following categories of courses of study are established:

(a) Type 1, combination funeral service arts and embalming course of study. A Type 1 course of study satisfies the course of study licensure requirement for funeral director-only, embalmer-only, and combination funeral director and embalmer, under Sections 497.368(1)(d), 497.373(1)(d)2., and 497.376, F.S. The reference at Sections 497.375(1)(b)2.b., and 497.373(1)(d), F.S., to a course of study in mortuary science, refers to a Type 1 course of study.

(b) Type 2, funeral service arts course of study. A Type 2 course of study satisfies the course of study requirement for funeral director-only licensure under Section 497.373(1)(d)2., F.S. The reference at Sections 497.375(1)(b)2.b. and 497.373(1)(d), F.S., to a course of study in funeral service arts, refers to a Type 2 course of study.

(c) Type 3, embalmer-only course of study. A Type 3 course of study satisfies the requirement for embalmer-only licensure under Section 497.368(1)(d), F.S. The reference at Section 497.368(1)(d), F.S., to a course of study in mortuary science, refers to this Type 3 course of study.

(4) CRITERIA FOR APPROVAL OF COURSE OF STUDY.

(a) TYPE 1 COMBINATION COURSE OF STUDY – CRITERIA FOR APPROVAL. A Type 1 course of study shall be approved if the school submitting the course to the Board for approval certifies to the Board that the course of study covers the subject matters examined on in the funeral service arts and science sections of the national examination administered by the Conference of Funeral Service Examining Boards.

(b) TYPE 2 COURSE OF STUDY IN FUNERAL SERVICE ARTS – CRITERIA FOR APPROVAL. A Type 2 course of study shall be approved if the school submitting the course to the Board for approval certifies to the Board that the course of study covers the subject matters examined on in the funeral service arts examination administered by the Conference of Funeral Service Examining Boards.

(c) TYPE 3 COURSE OF STUDY IN EMBALMING AND RELATED TECHNICAL MATTERS – CRITERIA FOR APPROVAL. A Type 3 course of study shall be approved if the school submitting the course to the Board for approval certifies to the Board that the course of study covers the subject matters examined on in the science examination administered by the Conference of Funeral Service Examining Boards.

(5) PROCEDURE FOR APPLYING FOR APPROVAL OF A COURSE OF STUDY.

(a) A college or university seeking approval of a course of study shall submit a completed form DFS-N1- “Application for Approval of a Course of Study,” which is incorporated by reference in Rule 69K-1.001, F.A.C.

Rulemaking Authority 497.103(5), 497.141(2), 497.161(1)(a), 497.368(1)(d), 497.373(1)(d)2., 497.103(1)(a) FS. Law Implemented 497.368, 497.370, 497.373, 497.375, 497.376 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, on behalf of the Board of Funeral, Cemetery, and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Chapter 497, F.S.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 20, 2011