Wisconsin Administrative Code › Funeral Directors Examining Board › Chapter FD 3 - Rules Of Conduct › Section FD 3.02 - Unprofessional conduct

Current through June 24, 2024
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.