Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 15 - Board of Embalmers and Funeral Directors
Section 201 KAR 15:050 - Apprenticeship and supervision requirements
Universal Citation: 201 KY Admin Regs Service 15:050
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 316.030
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 Chapter 316. KRS 316.030(4)(e) and (5)(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(9) 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. Apprenticeship Application.
(1) Prior to beginning an apprenticeship, an
applicant shall:
(a) File an Apprenticeship
Application Form with the board that includes the sworn statement required by
KRS
316.030(7)(c);
(b) Pay the registration fee established in
KRS
316.030(7)(b);
(c) Submit a current photograph;
(d) Submit a copy of the applicant's high
school transcript or diploma, or high school equivalency diploma;
(e) Submit an official copy of any college
transcripts;
(f) Submit an official
copy of National Board scores, if available;
(g) Submit an official copy of a current
(less than ninety (90) days prior to the application) criminal justice
information system (CJIS) report obtained from the Federal Bureau of
Investigation (FBI); and
(h) Appear
before the board with the supervisor at the time and place identified by the
board.
(2) The
apprenticeship shall begin the day the applicant and supervisor meet with the
board.
Section 2. Supervisor Responsibilities.
(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 supervisor of record who together hold both
a funeral director's license and an embalmer's license.
(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, and be
employed by, the establishment where the apprentice is registered or at another
funeral establishment if approved by the board;
(b) Appear before the board for approval with
the apprentice; and
(c) Be
responsible for ensuring that the apprentice complies with KRS Chapter 316 and
201 KAR Chapter 15.
(4)
The board may withdraw approval of a supervisor based upon:
(a) Evidence of the inability to supervise an
apprentice properly; or
(b) A
violation of KRS Chapter 316 or 201 KAR Chapter 15.
(5) Apprentices may receive supervision by
licensees other than the supervisor of record.
(a) Registered embalmer apprentices may be
supervised by other licensed embalmers designated by the supervisor of
record.
(b) Registered apprentice
funeral directors may be supervised by other licensed funeral directors
designated by the supervisor of record.
(c) Supervisors of record that designate
other licensees to provide supervision for an apprentice shall remain
responsible for the actions of the apprentice and for the quality of the
designated supervision.
(d) The
apprentice shall prepare an Apprentice Travel Form and maintain it with the
apprentice calendar.
(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 Chapter 316 and 201 KAR Chapter 15; 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 3. 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(14).
(c) The supervisor shall notify the board in
writing on the Level II Apprentice Registration Form that the apprentice has
completed the required twenty-five (25) cases before allowing the apprentice to
embalm without direct supervision. The embalmer Level II registration fee
required by
201 KAR 15:030 shall be submitted
with the Level II Apprentice Registration Form. The Level II apprenticeship
shall commence upon receipt of a Level II apprentice card issued by the board.
The supervisor or the supervisor's designee shall continue to supervise the
apprentice, in accordance with
KRS
316.010(14) and
316.030(4)(e),
for the duration of the apprenticeship.
(d) A Level II apprenticeship may continue
for a period of up to three (3) years while the apprentice completes the
apprenticeship requirements and takes the licensure examination.
(e) An apprentice should take the first
examination for licensure within sixty (60) days of completion of all other
apprenticeship requirements.
(f)
For any apprenticeship violation of the rules of the apprenticeship, or other
rules applicable to the professions of embalming or funeral directing, the
board may extend the period of apprenticeship as part of disciplinary
action.
(g) The board may grant
extensions of any apprenticeship upon application for an extension by an
apprentice and demonstration by the apprentice of good cause or extenuating
circumstances upon which an extension should be granted.
(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(14).
(c) The supervisor shall notify the board in
writing on the Level II Apprentice Registration Form that the apprentice has
completed the required twenty-five (25) cases before allowing the apprentice to
practice funeral directing without direct supervision. The funeral director
Level II registration fee required by
201 KAR 15:030 shall be submitted
with the Level II Apprentice Registration Form. The Level II apprenticeship
shall commence upon receipt of a Level II apprentice card issued by the board.
The supervisor or the supervisor's designee shall continue to supervise the
apprentice, in accordance with
KRS
316.010(14) and
316.030(4)(f),
for the duration of the apprenticeship.
(d) A Level II apprenticeship may continue
for a period of up to three (3) years while the apprentice completes the
apprenticeship requirements and takes the licensure examination.
(e) An apprentice should take the first
examination for licensure within sixty (60) days of completion of all other
apprenticeship requirements.
(f)
For any apprenticeship violation of the rules of the apprenticeship, or other
rules applicable to the professions of embalming or funeral directing, the
board may extend the period of apprenticeship as part of disciplinary
action.
(g) The board may grant
extensions of any apprenticeship upon application for an extension by an
apprentice and demonstration by the apprentice of good cause or extenuating
circumstances upon which an extension should be granted.
(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 on the Level II Apprenticeship Registration
Form 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 may begin making
these removals.
(d) An individual
who obtains or holds a permit from this board to transport dead human bodies
shall not use transport removals performed under that permit to accumulate the
number of removals required to complete an apprenticeship. All apprenticeship
removals shall be performed within the requirements of the apprenticeship and
supervision. Hours accumulated performing removals under a Transport Permit
shall not count toward an apprentice's average weekly work hours
requirement.
(4)
Calendar.
(a) The apprentice shall maintain a
calendar at the registered location of the apprenticeship that includes the
apprentice's work schedule documenting an average of forty (40) regular hours
per week that he or she has worked. The calendar shall be reviewed and signed
on a daily basis by the supervisor to indicate that the supervisor has reviewed
and approved the apprentice's work. The calendar shall be available for
inspection by the state inspector during any inspection of the establishment.
The calendar shall be maintained by an apprentice until the apprentice passes
the required examinations and becomes licensed.
(b) The calendar shall identify:
1. The daily work schedule of the apprentice,
including beginning and ending times; and
2. The days on which the apprentice does not
work.
(5) An
apprentice may work at the funeral establishment more hours per week than
required by subsection (4) of this section. An apprentice may also attend
mortuary school classes or complete mortuary school classwork while serving an
apprenticeship, but shall still work an average of forty (40) hours per week
under the apprenticeship.
(6) If an
apprentice's supervisor of record is replaced during the apprenticeship period,
a Change of Supervisor form shall be completed and submitted within thirty (30)
days following the change.
Section 4. Terminating and Reestablishing an Apprenticeship.
(1) Within five (5) days of the termination
of an apprenticeship, the supervisor of record and the apprentice shall notify
the board in writing of the termination, including the date on which the
apprenticeship ceased.
(2) 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 by completing and submitting a Change of
Supervisor form;
(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 2 of this administrative regulation that is signed by the licensed
funeral director or embalmer who is to be the apprentice's new supervisor of
record.
(3) 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:
(a) The birth of a child and to care for the
newborn child within one (1) year of birth;
(b) The placement with the employee of a
child for adoption or foster care and to care for the newly placed child within
one (1) year of placement;
(c) To
care for the employee's spouse, child, or parent who has a serious health
condition;
(d) A serious health
condition that makes the employee unable to perform the essential functions of
his or her job; or
(e) Any
qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a military member on covered active duty shall
immediately notify the board of:
1. The date
on which the apprentice became unable to perform the duties; and
2. The date on which the apprenticeship will
be recommenced, not to exceed six (6) months following the commencement of the
leave from apprenticeship.
(4) An apprenticeship shall not end later
than the administration of the second examination for which the apprentice is
eligible.
(5) At any time an
apprenticeship ceases, or becomes inactive under these administrative
regulations, an apprentice shall not lose credit for the time served in the
apprenticeship. An apprentice whose apprenticeship has ceased or become
inactive may be reinstated to apprenticeship by notice to the board including
the name of the apprentice's supervisor upon his or her return to active
apprenticeship, the establishment at which the apprentice is employed, and
payment of a processing fee as established in
201 KAR 15:030. The reinstated
apprentice shall be responsible for compliance with all other apprenticeship
requirements from the date of reinstatement forward.
Section 5. Sworn Statements.
(1) An apprentice shall file the
Apprenticeship Sworn Statement required by
KRS
316.030(7) 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 Apprenticeship Sworn Statement shall
include:
(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 Chapter 316 and 201 KAR Chapter 15.
(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. It shall contain a reference that includes the author, title,
month and year of publication, and page numbers.
(5) The reports required by subsections (3)
and (4) of this section shall be two (2) pages at a minimum and
typed.
(6) An apprentice in
mortuary school shall be exempt from the book report requirements of
subsections (3) through (5) of this section if the apprentice submits the
number of hours he or she is enrolled on the Apprenticeship Sworn
Statements.
(7)
(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 a supervisor's designee, 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.
(8) Before the
activities of the apprentice can count toward the requirements of
KRS
316.030(4)(f) or (5)(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 4(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
4(6)(c)3 through 9 of this administrative regulation.
Section 6. Incorporation by Reference.
(1) The following material is
incorporated by reference:
(a) "Apprenticeship
Application", 7/2022;
(b) "Change
of Apprentice Supervisor", 9/2019;
(c) "Apprenticeship Sworn Statement",
9/2019;
(d) "Level II Apprentice
Application", 9/2019; and
(e)
"Apprentice Travel Form", 2017.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Embalmers and Funeral Directors, 9114 Leesgate Rd, Ste 4, Louisville, Kentucky
40222, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 316.030, 316.210(1)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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