201 KAR 15:050. Apprenticeship and supervision requirements.

 

      RELATES TO: KRS 316.030

      STATUTORY AUTHORITY: KRS 316.210(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 316.210(1) authorizes the Kentucky Board of Embalmers and Funeral Directors to promulgate administrative regulations to carry out and enforce the provisions of KRS 316.010 to 316.990. KRS 316.030(3)(e) and (4)(d) require an applicant for an embalmer’s license or a funeral director’s license to serve an apprenticeship under the supervision of a Kentucky-licensed embalmer or funeral director. KRS 316.030(8) requires an applicant to file sworn statements semiannually during the apprenticeship. This administrative regulation establishes the requirements for apprentices and their supervisors, the time for filing the sworn statements, and the additional information required in the sworn statements.

 

      Section 1. Definitions. (1) "Direct supervision" means that a Kentucky-licensed funeral director or a Kentucky-licensed embalmer, as appropriate, is:

      (a) Physically present with the apprentice; and

      (b) Personally observing and guiding the activities of the apprentice.

      (2) "Supervisor" means the supervisor of record.

      (3) "Supervisor's designee" means a Kentucky-licensed funeral director or a Kentucky-licensed embalmer, as appropriate, who has been approved by the supervisor of record to supervise an apprentice.

 

      Section 2. Apprenticeship Registration. Prior to beginning an apprenticeship, an applicant shall:

      (1) File an Apprenticeship Registration Form with the board which includes the sworn statement required by KRS 316.030(6)(c);

      (2) Pay the registration fee established in KRS 316.030(6)(b); and

      (3) Appear before the board with the supervisor at a time and place identified by the board.

 

      Section 3. Supervisor. (1) An apprenticeship shall be served under the board-approved supervisor identified on the Apprenticeship Registration Form as the supervisor of record.

      (2) Apprenticeships for both embalming and for funeral directing may be served concurrently under:

      (a) A single individual acting as the supervisor of record who holds both a funeral director’s license and an embalmer’s license; or

      (b) Two (2) individual licensees acting as the supervisors of record for the embalming apprenticeship and the funeral directing apprenticeship, respectively. Each individual supervisor of record shall meet the requirements of Sections 2 through 6 of this administrative regulation.

      (3) Licensed embalmers and licensed funeral directors who seek approval from the board as a supervisor of record shall:

      (a) Embalm or direct funerals at the establishment where the apprentice is registered or at another funeral establishment which is identified to the board;

      (b) Appear before the board for approval with the apprentice; and

      (c) Be responsible for ensuring that the apprentice complies with the KRS 316.010 to 316.990 and the administrative regulations of the board.

      (4) The board may withdraw approval of a supervisor based upon evidence of the inability to supervise an apprentice properly or a violation of the statutes and administrative regulations governing funeral directing and embalming.

      (5) Apprentices may receive supervision by licensees other than the supervisor of record.

      (a) Registered embalmer apprentices may be supervised by other licensed embalmers approved by the supervisor of record.

      (b) Registered apprentice funeral directors may be supervised by other licensed funeral directors approved by the supervisor of record.

      (c) Supervisors of record that approve other licensees to provide supervision for an apprentice shall remain responsible for the actions of the apprentice and for the quality of the delegated supervision.

 

      Section 4. Supervision of Apprentices. (1) Supervision of embalmer apprentices.

      (a) For the first twenty-five (25) cases with which an embalmer apprentice assists and throughout the first six (6) months of training, the supervisor or the supervisor's designee shall be present with the apprentice and provide direct supervision of all of the apprentice’s embalming activities.

      (b) After the apprentice has completed both twenty-five (25) cases and six (6) months of the apprenticeship, the apprentice may perform embalming services if the supervisor or the supervisor's designee is available for consultation and supervision, in accordance with KRS 316.010(9), with regard to the activities of the apprentice.

      (c) The supervisor shall notify the board in writing that the apprentice has completed the required twenty-five (25) cases before allowing the apprentice to embalm without direct supervision. The supervisor or the supervisor’s designee shall continue to supervise the apprentice, in accordance with KRS 316.010(9) and 316.030(3)(e), for the duration of the apprenticeship.

      (2) Supervision of funeral director apprentices.

      (a) For the first twenty-five (25) cases with which a funeral director apprentice assists and throughout the first six (6) months of training, the supervisor or the supervisor's designee shall provide direct supervision during all of an apprentice’s funeral directing activities.

      (b) After the apprentice has completed both twenty-five (25) cases and six (6) months of the apprenticeship, the apprentice may perform funeral directing services if the supervisor or the supervisor's designee is available for consultation and supervision, in accordance with KRS 316.010(9), with regard to the activities of the apprentice.

      (c) The supervisor shall notify the board in writing that the apprentice has completed the required twenty-five (25) cases before allowing the apprentice to practice funeral directing without direct supervision. The supervisor or the supervisor’s designee shall continue to supervise the apprentice, in accordance with KRS 316.010(9) and 316.030(4)(d), for the duration of the apprenticeship.

      (3) Removals.

      (a) The supervisor or the supervisor's designee shall be present and provide direct supervision during the removal of bodies for the first six (6) months of the apprenticeship and the first twenty-five (25) removals assisted in by the apprentice.

      (b) After an apprentice has served six (6) months of apprenticeship and assisted with twenty-five (25) removals, an apprentice may make removals without the direct supervision of the supervisor or the supervisor's designee if the supervisor has determined that the apprentice is competent to perform removals without direct supervision.

      (c) The supervisor shall notify the board in writing that the apprentice has completed the required twenty-five (25) removals and that the supervisor’s approval has been given for the apprentice to make removals without direct supervision before the apprentice can begin making these removals.

      (4) The apprentice shall maintain a work schedule documenting the forty (40) hours per week that he has worked at the location of the apprenticeship. The work schedule shall identify:

      (a) The daily work schedule of the apprentice, including beginning and ending times; and

      (b) The days on which the apprentice does not work.

      (5) Nothing in this administrative regulation shall limit the amount of time which an apprentice may work at the funeral establishment.

      (6) The supervisor shall instruct an apprentice and ensure that an apprentice receives experience in all aspects of funeral directing or embalming, as applicable to the individual’s apprenticeship.

      (a) The instruction shall include:

      1. The laws relating to the profession, including KRS 316.010 to 316.990 and the administrative regulations promulgated by the board; and

      2. The theory and application of funeral directing or embalming.

      (b) The training and work assignments for apprentice embalmers shall cover the following service items:

      1. Initial call details;

      2. Removals;

      3. Embalming;

      4. Restorative art treatment;

      5. Posing body and features;

      6. Bathing and cosmetizing of bodies;

      7. Dressing and casketing of bodies;

      8. Recordkeeping;

      9. Purchasing of necessary supplies;

      10. Preparation of autopsied bodies;

      11. Care and maintenance of equipment and embalming room; and

      12. Professional responsibility.

      (c) The training and work assignments for apprentice funeral directors shall cover the following service items:

      1. Initial call details;

      2. Removals;

      3. Counseling of families on the types of services and merchandise available;

      4. Arrangements of funeral services and merchandise;

      5. Preparing death certificates and documents;

      6. Preparing applications for certain death benefits, such as Social Security, Veterans Administration, insurance companies and lodges;

      7. Preparing newspaper notices;

      8. Conducting visitations or memorial services;

      9. Directing funerals and graveside services;

      10. Follow-up service to the family after the funeral service has been completed;

      11. Recordkeeping;

      12. Purchasing of necessary supplies;

      13. Caring for equipment and premises; and

      14. Professional responsibility.

 

      Section 5. Terminating and Reestablishing an Apprenticeship. (1) The licensed funeral director or licensed embalmer who is the apprentice’s supervisor of record shall:

      (a) Notify the board in writing of the termination of the apprentice funeral director or embalmer within five (5) days of the termination of the apprentice funeral director or embalmer; and

      (b) Identify the name of the apprentice and the date on which the apprenticeship was terminated.

      (2) An apprentice funeral director or embalmer shall, within five (5) days of the termination of the person's apprenticeship with a funeral director or an embalmer:

      (a) Notify the board in writing that the person is no longer working as an apprentice funeral director or embalmer; and

      (b) Identify the date on which the apprenticeship ceased.

      (3) An apprentice funeral director or embalmer whose apprenticeship is terminated at the establishment originally identified to the board shall, within thirty (30) days of being employed by another funeral director or embalmer:

      (a) Notify the board in writing of the change in employment and apprenticeship;

      (b) Identify the name, street address, and license number of the funeral director or embalmer under which the apprentice is continuing the apprenticeship; and

      (c) Complete a new registration as set out in Section 1 of this administrative regulation which is signed by the licensed funeral director or embalmer who is to be the apprentice’s new supervisor of record.

      (4) An apprentice funeral director or embalmer who is unable to perform the duties of the apprenticeship for a period of two (2) weeks or more because of health related impairments shall immediately notify the board in writing of:

      (a) The date on which the apprentice became unable to perform the duties; and

      (b) The date on which the apprenticeship will be recommenced.

      (5) An apprenticeship shall not end later than the administration of the second examination for which the apprentice is eligible.

 

      Section 6. Sworn Statements. (1) An apprentice shall file the sworn statements required by KRS 316.030(8) on or before May 1 and November 1 of each year relating to the six (6) month period ending with the preceding middle of April or middle of October, respectively.

      (2) The sworn statements by the apprentice serving an apprenticeship shall include the following information:

      (a) The names and dates of funerals in which the apprentice for a funeral director's license assisted in managing during each six (6) month period;

      (b) The names and dates of embalming cases in which the apprentice for an embalmer's license assisted during each six (6) month period; and

      (c) The names of the service items set forth in Section 3(6) of this administrative regulation specifically identified for each case in which the apprentice assisted during each six (6) month period.

      (3) With the initial sworn statement, an apprentice shall file a report written by the applicant summarizing the requirements of KRS 316.010 to 316.990 and the administrative regulations promulgated pursuant to KRS 316.010 to 316.990.

      (4) With subsequent sworn statements, an apprentice shall file a report written by the applicant on an article or a book related to embalming or funeral directing read by the applicant during the six (6) month period.

      (5)(a) The supervisor of record shall sign the sworn statements and certify that the apprentice has completed the cases and service items identified in the statement.

      (b) If the apprentice has received supervision from licensed funeral directors or embalmers other than the supervisor identified on the application for apprenticeship, the supervisor of record shall still be responsible for:

      1. The activities of the apprentice;

      2. Signing the sworn statement; and

      3. The certification of completion of cases and service items identified in the statement.

      (6) Before the activities of the apprentice can count towards the requirements of KRS 316.030(3)(f) or (4)(e), the case shall include the following service items:

      (a) For an embalming case, the apprentice shall have participated in the service items listed in Section 3(6)(b)3 through 7 of this administrative regulation; and

      (b) For a funeral directing case, the apprentice shall have participated in the service items listed in Section 3(6)(c)3 through 9 of this administrative regulation.

 

      Section 7. Incorporation by Reference. (1) "Apprenticeship Registration Form" is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Embalmers and Funeral Directors, 7025 W. Hwy 22, Suite 7, Crestwood, Kentucky 40014, Monday through Friday, 8 a.m. to 4:30 p.m. (BEFD-Rule 16; 1 Ky.R. 1014; eff. 6-11-75; Am. 21 Ky.R. 1744; eff. 3-6-95; 22 Ky.R. 2321; 23 Ky.R. 428; eff. 8-1-96; 29 Ky.R. 495; 916; eff. 10-11-2002.)