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The Funeral Director Intern (hereafter referred to as The Intern) is essentially an apprentice Funeral Director. The statutory scheme strongly suggests that after a year of continuous experience under a Funeral Director the Intern may sit for a

Funeral Director examination and after successfully passing the
—t-t,~    i~-cH ic 1~2Aç~ ~ examination be licensed as a Funeral irector. V First, there is


required one ye f continuous experience for the Funeral
N?
Directors licens1. Second, there is the two year limit for an

Intern license~!~ Lastly, the method for renewing an expired

FUNERAL HOME DRAFT 101
Intern license is for the applicant to take another examination, if required by the board, pays an additional fee set by the board, a~i~ to meet the other requirements for the original Intern license~4 Combined these statutory provisions indicate that the Intern is to be an apprentice whose apprenticeship is to last at least one year and no more than two years rather an another category of funeral home professional. This description is supported by the Board s regulations concerning the Intern~~~



The licensing requirements for an Intern are the same as
crf~ Qo~~~P—C~.
for a Funeral Director with one exceptions. There is,~11 no

requirement that the Intern .hawe spent one continuous year under the direct supervisi~~1 of a Funeral Director learning the practice of funeral service~~ The legislature left to the Board s discretion other whether an application for the Intern license need an examination , and the Board decided in favor of requiring an examination for the Intern license~~



The Board also amplified the statutory requirement for the Intern. The regulations clarify the purpose of the Intern position as apprentice. The one year experience requirement for the Funeral Director s license can only be satisfied if one was licensed as an
7b
Intern~~ During the one year period the intern is to work at

least one thousand five hundred hours~and assist in the embalming of at least twenty-four bodies (the twenty-four embalmings requirement is to be done at the rate of at least six per quarter)~. The Intern examination is to be of five hundred questions dividing into a section concerning funeral service science and the other concerning funeral service arts."~ To pass the examination the applicant must score 75% or more, but there is

FUNERAL HOME DRAFT 111
one caveat to this: if the applicant scores less t~,an 70% one either part then the applicant fails the examination.~ The Boar~ also added another requirement, the quarterly intern case report.~ The report is to be filed by the Intern within thirty days following the end of the quarter and are to include detailed reports of embalmings the Intern and th~. funeral directing service participated in during that quarter.~ The supervising Funeral Director and the Intern are both required to sign off on the reports and the Intern cannot obtain a Funeral Director s License
.~74
until all the reports are filed with the Board~ If the Intern s

license expires without the Intern having completed the requirements needed to apply for the Funeral Director s License (and assuming that there has been no change which would cause the Intern to be disqualified under I.C. 25-15-4-2), the Intern need only pay the fees for renewing his license to get another one year license.~ The fees are the $25.00 for the license and $25.00 for renewing the license.~7~

IC 25-15-4-2
Funeral director intern licenses
    
Sec. 2. (a) To qualify for a funeral director intern license, an applicant must:
        (1) be an individual who is at least eighteen (18) years of age;
        (2) submit proof that the applicant has not been convicted of:
            (A) an act that would constitute a ground for disciplinary sanction under IC 25-1-11; and
            (B) a crime that has a direct bearing on the applicant's ability to practice competently;
        (3) have a diploma from an accredited high school;
        (4) have successfully completed either:
            (A) a course of education consisting of:
                (i) thirty (30) semester hours or forty-five (45) quarter hours of college level work in a regionally accredited postsecondary educational institution that includes course

work in the subjects of English, the humanities, science, business, and other electives that apply toward a baccalaureate degree from the postsecondary educational institution; and
                (ii) four (4) academic quarters, or its equivalent, in an accredited college, school, or department of mortuary science approved by the board; or
            (B) a twenty-one (21) month program in an accredited college, school, or department of mortuary science that has been approved by the board; and
        (5) pay the fee set by the board for a funeral director intern license.
    (b) The board may require an applicant for a funeral director intern license to pass an examination before issuing a license to the applicant.
As added by P.L.246-1985, SEC.3. Amended by P.L.214-1993, SEC.43; P.L.2-2007, SEC.321.

832 IAC 3-2-1 Funeral director internships
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4-2; IC 25-15-4-3

    Sec. 1. (a) The one (1) year experience requirement for licensure as a funeral director provided for by IC 25-15-4-3(b)(6), may only be satisfied during the period of time that the applicant has been licensed as a funeral director intern.
    (b) An applicant for a funeral director license shall be required to have done the following while a funeral director intern:
    (1) Worked in a funeral home under the direct supervision of a funeral director for at least one thousand five hundred (1,500) hours over a period of at least one (1) year.
    (2) Assisted in the embalming of at least twenty-four (24) bodies which requirement shall be met by at least six (6) embalmings per quarter during the obtaining of the required one (1) year experience.
    (c) In addition to meeting the requirements contained in IC 25-15-4-2(a), an applicant for licensure as a funeral director intern must provide proof of the successful completion of an examination in the field of funeral service provided for in section 2 of this rule as a condition of licensure.
    (d) Upon expiration of a funeral director intern license the holder thereof must pay the funeral director intern license fee and otherwise meet the requirements of IC 25-15-4-2 in order to qualify for an additional one (1) year license. (State Board of Funeral and Cemetery Service; 832 IAC 3-2-1; filed Jan 30, 1986, 2:23 p.m.: 9 IR 1368; filed Mar 13, 1987, 8:30 a.m.: 10 IR 1701; filed Oct 12, 1988, 3:55 p.m.: 12 IR 589; filed Jan 8, 1989, 9:45 a.m.: 12 IR 1388; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)

832 IAC 3-2-2 Recognized funeral service intern examination
    Authority: IC 25-15-9-9
    Affected: IC 25-15-4-2

    Sec. 2. (a) An examination conducted by a person other than the board may satisfy the funeral service intern examination requirement under section 1 of this rule, provided the examination is preapproved by the board and conducted by a nationally recognized testing service that is under contract with the boards of at least three (3) other states to provide testing and grading in the field of funeral service.
    (b) The examination shall consist of two (2) parts, one concerning funeral service science and the other concerning funeral service arts. To pass the examination, an individual must obtain a score of seventy-five percent (75%) or higher for the total examination. If, however, the individual scores less than seventy percent (70%) on either part of the examination, the individual will fail the examination. A score of at least seventy-five percent (75%) is required to pass a retake of either section of the examination. (State Board of Funeral and Cemetery Service; 832 IAC 3-2-2; filed Mar 13, 1987, 8:30 a.m.: 10 IR 1701; filed Jun 8, 1989, 4:45 p.m.: 12 IR 1901; readopted filed Oct 3, 2001, 9:50 a.m.: 25 IR 520; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)

832 IAC 3-2-3 Funeral director intern case reports
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4-3

    Sec. 3. (a) Funeral director interns shall submit to the board a total of four (4) funeral director intern case reports while obtaining the one (1) year experience required by IC 25-15-4-3(b)(5) and 832 IAC 3-2-1 [section 1 of this rule]. These reports shall be submitted on a quarterly basis with the year beginning on the date of the issuance of the funeral director intern license.
    (b) The reports required under subsection (a) shall be submitted no later than thirty (30) days after the end of the quarter. An applicant for a funeral director license may not obtain issuance of the license until all case reports have been submitted.
    (c) Funeral director intern case reports shall be on forms provided by the board and shall include a detailed reporting of the embalmings in which the intern assisted during the quarter which the report covers and an indication of the number of times the intern has assisted or participated in the following funeral directing services during the quarter:
    (1) first call;
    (2) assisting at funerals;
    (3) preparing death notices;
    (4) arranging church services;
    (5) rosary-lodge services;
    (6) arranging the funeral cars;
    (7) preparing death certificates;
    (8) arranging for organists, soloists, or beauticians;
    (9) ship-out detail;
    (10) veterans burials;
    (11) Social Security forms;
    (12) indigent funerals;
    (13) cemetary [sic.] details;
    (14) assisting in sales room;
    (15) maintenance of funeral establishment and all equipment;
    (16) preparation of sales tax for each individual service; and
    (17) compliance with Federal Trade Commission rulings.
    (d) The funeral director intern case reports shall be signed by the intern and the sponsoring funeral director both of whom shall provide their license numbers. (State Board of Funeral and Cemetery Service; 832 IAC 3-2-3; filed Oct 12, 1988, 3:55 p.m.: 12 IR 589; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)


One should not think these provisions requiring some action within the field are inapplicable to an applicant. Remember that the applicant has just spent a year as an intern.

IC 25-15-4-3
Funeral director licenses
    
Sec. 3. (a) An applicant must qualify under subsection (b) to be licensed as a funeral director. However, subject to IC 25-15-8-10, an individual qualified under subsection (c) or (d) shall be treated as a qualified individual.
    (b) To qualify for a funeral director license, an applicant must:
        (1) be an individual who is at least eighteen (18) years of age;
        (2) submit proof that the applicant has not been convicted of:
            (A) an act that would constitute a ground for disciplinary sanction under IC 25-1-11; or
            (B) a crime that has a direct bearing on the applicant's ability to practice competently;
        (3) have a diploma from an accredited high school;
        (4) have successfully completed either:
            (A) a course of education consisting of:
                (i) thirty (30) semester hours or forty-five (45) quarter hours of college level work in a regionally accredited postsecondary educational institution that includes course work in the subjects of English, humanities, science, business, and other electives that apply toward a baccalaureate degree from the postsecondary educational institution; and
                (ii) four (4) academic quarters or the equivalent in an accredited college, school, or department of mortuary science approved by the board; or
            (B) a twenty-one (21) month program in an accredited college, school, or department of mortuary science approved by the board;
        (5) pass the examination required by the board for a funeral director license;
        (6) under the direct supervision of a funeral director licensee,

have at least one (1) year of continuous experience in the practice of funeral service; and
        (7) pay the licensing fee set by the board for a funeral director licensee.
    (c) An individual may be licensed as a funeral director if, on June 30, 1985, the individual had a funeral director license and an embalmer license issued by the state board of embalmers and funeral directors.
    (d) An individual may be a funeral director if, on June 30, 1985, the individual had a funeral director license issued by the state board of embalmers and funeral directors.
As added by P.L.246-1985, SEC.3. Amended by P.L.214-1993, SEC.44; P.L.2-2007, SEC.322.


832 IAC 3-1-1 Approval of embalming schools; changes in curriculum
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4-3

    Sec. 1. In order for any accredited school or college or department of such accredited school or college to receive the acceptance and approval of the board so as to qualify students thereof for a license to practice funeral directing in the state of Indiana, such school, college or department shall meet all the requirements of law. Such school, college or department shall require each student to attend at least four (4) academic quarters. As a condition to any such approval, or continued approval, the said school, college, or department shall permit a board member, or members, to fully examine and inspect the facilities available for instruction, the instructors, the curriculum and the method of keeping attendance records for students.
    If at any time there is a change in the curriculum of an approved school, college or department, notice of such change shall be forwarded to the board for approval in advance of such change. Any change in curriculum without the board's prior approval will result in the failure of the board to thereafter recognize said school, college or department as approved and no applications from students will be processed from any school, college or department which is not approved and in good standing with the board. (State Board of Funeral and Cemetery Service; 832 IAC 3-1-1; filed Jan 30, 1986, 2:23 pm: 9 IR 1368; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)

832 IAC 3-2-5 Funeral director examination; passing score
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4-3

    Sec. 5. To pass the funeral director examination, an individual must obtain a score of seventy-five percent (75%) or higher. (State Board of Funeral and Cemetery Service; 832 IAC 3-2-5; filed Jun 8, 1989, 4:45 p.m.: 12 IR 1902; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)


IC 25-15-4-4
Embalmer licenses
    
Sec. 4. An individual may be an embalmer only if, on June 30, 1985, the individual had an embalmer license issued by the state board of embalmers and funeral directors.
As added by P.L.246-1985, SEC.3.


As with Funeral Directors, the statutory definition of an embalmer ~s laconic: an Embalmer is a person having an Embalmer s license~4 A person may have an Embalmer s Lic~ense only if the person was a licensed embalmer on June 30, 1985~~ An Embalmer s License expires either on the December 31 of the next even—numbered

or the second even—numbered year after it is issued by the Boarc1~~~"

—rest~ring azé~red license. The licensing scheme intended for the separate

FUNERAL HOME DRAFT 121
classification of Embalmer to end in 1985 with there being only one type of licensed professional provider and this being the Funeral Director. However, the licensing statute allows those holding Embalmer Licenses issued prior to July 1, 1985 to continue renewing their licenses. The method for renewing or restoring an Embalmer s License is the same as for renewing or restoring a Funeral Director s License. ~There is also the same requirement that an expired Embalmer s License be restored within four years~ The continuing education requirei~e~t for a Funeral Director s license also applies to an Embalmer.~ In short, while an Embalmer can only embalm the Embalmer must meet all the requirements for a Funeral Director. From the regqlatory arrangement it can only be

assumed ~that ~-~tr is the EmbalmerL~ a defunct category after July 1,
C~  Q)~~
1985 ~t that all pressure has been brought to bear for converting

those Embalmers with active licenses into Funeral Director Licensees.

IC 25-15-4-5
Funeral director licenses; exemption from examination for persons licensed in other states
    
Sec. 5. An applicant for a funeral director license, who is licensed in another state with requirements that are substantially equal to the requirements in section 3(b) of this chapter, as determined by the board, may be exempted by the board from the examination requirement under section 3(b)(5) of this chapter or the one (1) year supervised practice period requirement under section 3(b)(6) of this chapter.
As added by P.L.246-1985, SEC.3.

It should not be forgotten that we live in a republic made up of fifty states and that each of those states have their own licensing for funeral home personnel. Under the Commerce Clause of the United States Con~titution, no state can interfere with interstate trade~T This protection includes licensed professionals who are licensed in one state and wish to become licensed in a second state~ ~ The second state must s4at~ m~-s-t have a process by which a licensed professional wishing to become licensed in that, state can obtain a license. The procedure in

FUNERAL HOME DRAFT 131
Indiana is straightforward:    the state where the person was originally licensed jyust have requirements substantially equals to I.C. 25-15—4—3(b)~, and must specifically meet the the requirements of I.C. 25-15-4(b)(1) through I.C. 25-15-4(b)(4) and I.C. 25-15-4(b)(7) but not the requirements of I~. 25-15-4(b) (7) but not the requirements of I.C. 25~15-4(b)(6~~nd take the
~    ?L~,L4c~~~ C~~/(4/
funeral director s examination~ ~. The"requirements that must be

substantially equal is used in referenc~~o the one year experience
requirement    of    I.C.    25-15-3(b)(6).~    By implication the

non—resident funeral director must also be in good standing with the home state licensing agency as anyone with a revoked or suspended or expired license or has been placed on probation will not be licensed as a Funeral Director in Indiana.~ ~t

832 IAC 3-3-2 Funeral director license; out of state applicants
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4-3; IC 25-15-4-5

    Sec. 2. (a) An individual who is licensed in another state with requirements that are substantially equal to those contained in IC 25-15-4-3(b), and who meets the requirements of this section shall be entitled, upon application, to be licensed as a funeral director.
    (b) An individual described in subsection (a) must meet the requirements of IC 25-15-4-3(b)(1) through IC 25-15-4-3(b)(4) and IC 25-15-4-3(b)(7).
    (c) An individual described in subsection (a) need not meet the requirements of IC 25-15-4-3(b)(6). The individual must take and pass the funeral director examination.
    (d) An individual described in subsection (a):
    (1) whose out of state license has:
        (A) been revoked or suspended by the licensing authority in the other state; or
        (B) expired; or
    (2) has been placed on probation by the licensing authority in the other state;
shall not qualify for a funeral director license. (State Board of Funeral and Cemetery Service; 832 IAC 3-3-2; filed Jan 8, 1989, 9:45 a.m.: 12 IR 1388; filed Jun 8, 1989, 4:45 p.m.: 12 IR 1902; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)


832 IAC 3-3-4 Substantially equal
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4-3; IC 25-15-4-5

    Sec. 4. As used in this rule and IC 25-15-4-5, "requirements that are substantially equal" refers to the experience requirements contained in IC 25-15-4-3(b)(6) as implemented in 832 IAC 3-2-1 (including both the experience and the examination). (State Board of Funeral and Cemetery Service; 832 IAC 3-3-4; filed Jan 8, 1989, 9:45 a.m.: 12 IR 1389; filed Jun 8, 1989, 4:45 p.m.: 12 IR 1902; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)

IC 25-15-4-6
Inactive funeral director license; application; violations
    
Sec. 6. (a) A funeral director may submit a written application to the board requesting that the funeral director's license be classified as inactive. On receipt of the application, the board shall grant the request by placing the license on inactive status until reinstated to active status.
    (b) A person holding an inactive license may not engage in the practice of funeral service.
    (c) A person who engages in the practice of funeral service with an inactive license is subject to IC 25-15-8-24.
As added by P.L.207-1993, SEC.4. Amended by P.L.237-1995, SEC.12.
 

832 IAC 3-3-5 Effect of expired funeral director license
    Authority: IC 25-15-9-8
    Affected: IC 25-15-4

    Sec. 5. An individual who held an Indiana funeral director license which has expired shall not be entitled to a license under this rule. (State Board of Funeral and Cemetery Service; 832 IAC 3-3-5; filed Jan 8, 1989, 9:45 a.m.: 12 IR 1389; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA)




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