Wis. Admin. Code Funeral Directors Examining Board FD 3.02 - Unprofessional conduct
Any occurrence of the following shall constitute unprofessional conduct by a licensed funeral director, registered apprentice funeral director or owner of a funeral establishment:
(1) Violating or aiding and abetting a
violation of any state or federal law substantially related to the practice of
funeral directing.
(2) Violating
any of the standards of practice set forth in ch. FD 2.
(3) Giving misleading or deceptive
information to family or persons involved in the arranging of a funeral of
final disposition including, but not limited to, information on: funeral costs,
burial agreements, legal requirements or religious propriety.
(4) Performing of any funeral director duty
while under the influence of alcohol or controlled substances. Controlled
substances are listed in ch. 961, Stats.
(5) Refusing to comply with a duly authorized
request for information by the board in a timely manner, or falsifying records
of any kind which are made public or requested by the board. There is a
rebuttable presumption that a person who takes more than 30 days to provide
information requested by the board has not acted in a timely manner.
(6) Providing and performing the services of
funeral directing or embalming in a manner which falls below minimal standards
established by statute, rule or practice in the profession.
(7) Disclosing confidential information
obtained in the performance of official duties.
(8) Performing services or providing
merchandise not authorized for which charges are made; unless authorization for
such items as removal or preparation of remains was not obtained because next
of kin or other person responsible for payment of charges could not be located
within a reasonable time.
(9)
Engaging in misleading or deceptive conduct in the conduct of business or the
profession.
(10) Failing to
demonstrate respect for the sanctity of human remains or for the feelings of
individuals involved in the grieving process.
(11) Failing to provide to the depositor,
within 15 working days of receipt of a payment, written confirmation of receipt
and deposit of payment made pursuant to a funeral trust agreement in accordance
with s.
445.125(1) (b), Stats. Such written confirmation shall
include the name of the bank, savings bank, trust company, savings and loan
association or credit union, the account number, the date of deposit, and a
copy of the deposit slip or other documentary evidence of a payment
deposited.
(12) Engaging in
solicitation. A funeral director may not initiate written communication,
personal or telephone contact for the purpose of obtaining professional
employment with persons known to be in need of such services, or where the need
of funeral services is imminent.
(13) Engaging in inappropriate sexual contact
with clients of the funeral establishment.
(14) Engaging in unsolicited communications
to the board or any board member regarding a matter under investigation by the
board. Nothing in this section shall prohibit a licensee from addressing
communication on a matter under investigation to the division of enforcement or
other appropriate department personnel.
(15) Failing to transfer control over s.
445.125,
Stats., trust funds pursuant to the depositor's written request made during the
lifetime of the potential decedent. Burial trust funds are not the property of
the funeral director named as beneficiary under the trust agreement. A funeral
director may not impede the inter vivos designation of a different beneficiary
by withholding delivery of a passbook or other indicia of control over the
funds, or by other behavior.
(16)
Failure by the holder of a funeral establishment permit, upon the closing of
the funeral establishment, to notify all depositors of funeral trust agreements
of the closing of the establishment. Notification shall be in writing and shall
be mailed or personally delivered to the depositor or the depositor's
representative within 15 days of the date that the establishment ceases its
operation.
(17) Violating or
attempting to violate any term, provision, or condition of any order of the
board.
Notes
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