445.125 Note
(2) All such trust funds shall be deposited with a bank or trust company within the state whose deposits are insured by the federal deposit insurance corporation, deposited in a savings and loan association or savings bank within the state whose deposits are insured by the federal deposit insurance corporation or invested in a credit union within the state whose savings are insured by the national board, as defined in s. 186.01 (3m), or by the Wisconsin credit union savings insurance corporation and shall be held in a separate account in the name of the depositor, in trust for the beneficiary until the trust fund is released under either of the conditions provided in sub. (1). In the event of the death of the depositor before the death of the potential decedent, title to such funds shall vest in the potential decedent, and the funds shall be used for the personal property and services to be furnished under the contract for the funeral of the potential decedent. The depositor shall be furnished with a copy of the receipts, certificates or other appropriate documentary evidence showing that the funds have been deposited or invested in accordance with this section. The depositor or the beneficiary shall furnish the bank, trust company, savings bank, savings and loan association or credit union with a copy of the contract. Upon receipt of a certified copy of the certificate of death of the potential decedent, together with the written statement of the beneficiary that the agreement was complied with, the bank, trust company, savings bank, savings and loan association or credit union shall release such trust funds to the beneficiary.
445.125 Note
(3) The payment pursuant to this section of such fund and any interest or dividends which may have accumulated shall relieve the bank, trust company, savings bank, savings and loan association or credit union of any further liability for such funds, interest or dividends. A bank need not comply with ch. 223 to accept and disburse deposits under this section.
445.125 Note
(4) This section shall not apply to any contract to provide funeral and burial service for any person if such contract is incidental to maintaining such person in a home, hospital or institution.
445.13
445.13
Investigations; hearing; revocation of licenses. 445.13(1)(1) Subject to the rules promulgated under
s. 440.03 (1), the examining board may make investigations, subpoena witnesses, conduct hearings, limit, suspend or revoke a license of a funeral director, a certificate of registration of an apprentice or a permit of an operator of a funeral establishment and reprimand a funeral director, apprentice or operator of a funeral establishment for any violation of
15 USC 45 and
57, of this chapter or of any rule of the department of health and family services or the examining board, for unprofessional conduct, including misrepresentation or fraud in obtaining the license, permit or certificate of registration, or for any violation of this chapter or any rule of the examining board by an agent authorized by the funeral director or operator of the funeral establishment under
s. 445.125 (3m) (b) 2. a.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 6-1-97 by
1995 Wis. Act 295. Prior to 6-1-97 it reads:
Effective date text
(1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations, subpoena witnesses, conduct hearings, limit, suspend or revoke licenses of funeral directors, certificates of registration of apprentices and permits of operators of funeral establishments and reprimand funeral directors, apprentices and funeral establishments for any violation of 15 USC 45 and 57, of this chapter or of any rule of the department of health and family services or the examining board or for unprofessional conduct, including misrepresentation or fraud in obtaining the license, permit or certificate of registration.
445.13(1e)
(1e) In addition to or in lieu of a reprimand or limitation, suspension or revocation of a license or permit under
sub. (1), the examining board may assess against any person who violates
s. 445.12 (3g) or
(3r) or
445.125 (3m) or a rule promulgated under
s. 445.125 (3m) (j) a forfeiture of no more than $1,000 for each violation.
445.13(1m)
(1m) The examining board shall investigate an allegation that a funeral director has failed to do any of the following:
445.13(1m)(a)
(a) Mail or present a death certificate within 10 days after receipt from the person responsible for completing the medical certification under
s. 69.18 (2).
445.13(1m)(b)
(b) Within any period of 180 days, mail or present 6 or more death certificates within the 2-day time limit under
s. 69.18 (1) (bm).
445.13(2)
(2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 6-1-97 by
1995 Wis. Act 295. Prior to 6-1-97 it reads:
Effective date text
(2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit shall be made until after a public hearing conducted by the examining board.
445.14
445.14
Funeral directors; who to employ. No public officer, employe or officer of any public institution, physician or surgeon shall send, or cause to be sent, to any funeral director, the corpse of any deceased person, without having first made due inquiry as to the desires of the next of kin, or any persons who may be chargeable with the funeral expenses of such deceased person, and if any such kin or person is found, his or her authority or direction shall be received as to the disposal of such corpse.
445.14 History
History: 1979 c. 175 s.
29;
1979 c. 221 s.
662; Stats. 1979 s. 445.14;
1983 a. 485.
445.15(1)(1) Except as provided in
sub. (1m), any person violating any provision of this chapter or any rule of the department of health and family services and the examining board relating to its subject matter, shall be fined not less than $50 nor more than $200, or imprisoned not less than 30 days nor more than 3 months.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 6-1-97 by
1995 Wis. Act 295. Prior to 6-1-97 it reads:
Effective date text
(1) Any person violating any provision of this chapter or any rule of the department of health and family services and the examining board relating to its subject matter, shall be fined not less than $50 nor more than $200, or imprisoned not less than 30 days nor more than 3 months.
445.15(1m)
(1m) A funeral director or operator of a funeral establishment who violates
s. 445.12 (3r) shall be fined not more than $5,000 for each violation. Each day that an insurance intermediary authorized by a funeral director or operator of a funeral establishment fails to meet the training requirements established by the examining board by rule under
s. 445.125 (3m) (j) 1. a. constitutes a separate violation of
s. 445.12 (3r) (b).
445.15(2)
(2) A funeral director who fails to do the acts described under
s. 445.13 (1m) (b) or who fails to do the act described under
s. 445.13 (1m) (c), upon being convicted and fined for a 2nd offense, may have his or her license suspended or revoked, and, if revoked, may not be relicensed for at least one year and only after a regular examination.
445.16
445.16
Exceptions. No provision of this chapter shall apply to, or in any way interfere with the duties of any officer of any public institution, nor with the duties of any officer of a medical college, county medical society, anatomical association, accredited college of embalming or any other recognized person carrying out the statutes prescribing the conditions under which donated or indigent dead human bodies are held subject for anatomical study; nor with the customs or rites of any religious sect in the burial of their dead.
445.16 History
History: 1979 c. 175 s.
29;
1979 c. 221 s.
662; Stats. 1979 s. 445.16;
1981 c. 390;
1983 a. 485.
