Licensing Reciprocity and Supervision Requirements
A funeral director licensed in State A moves to State B and applies for a license by reciprocity. State B requires that applicants pass a state-specific jurisprudence exam and have at least 2 years of experience. The director has 5 years of experience in State A and passed the national board exam. State B's reciprocity rule allows licensure if the applicant's original state has substantially equivalent requirements. State A requires 1 year of experience and no jurisprudence exam. The director submits an application but does not take the jurisprudence exam, claiming reciprocity should waive it. Meanwhile, the director begins working at a funeral home in State B as a 'funeral director intern' without a license, supervising embalming and arranging funerals. The board receives a complaint about unlicensed practice.
1. Is the director eligible for reciprocity? Explain the requirements.
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The director is likely not eligible for reciprocity without passing the jurisprudence exam. State B's rule requires the exam, and reciprocity does not automatically waive state-specific requirements unless the board's rules explicitly allow it. The director must meet all State B requirements, including the exam. The experience requirement (2 years) is met, and the national exam is likely accepted. However, the failure to take the jurisprudence exam is a barrier. The director should apply for reciprocity and take the exam. The board should deny the application until the exam is passed.
2. What are the consequences of working as an intern without a license? Discuss supervision and scope of practice.
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Working as a funeral director intern without a license is a violation of State B's licensing laws. The director is not licensed and therefore cannot perform the duties of a funeral director, including supervising embalming and arranging funerals. Even as an intern, the director must be properly registered and supervised by a licensed funeral director. The funeral home that employed the director may also be cited for aiding unlicensed practice. The board could impose fines, deny the director's future license application, and take disciplinary action against the funeral home. The director should cease all funeral directing activities immediately and apply for an intern license if available.