Mortuary Law - GILLIGAN AND STUEVE ONLY

Consists of the rules and principles that society has established for the handling and disposition of the dead:

Funeral law

What are the 4 sources of Mortuary law?

State laws and regulations, case law, common law, federal law

Which state does not require you to be licensed in the funeral profession?

Colorado

Interprets the law and applies it to the facts of the case it is deciding.

Court

If one does not have permission to embalm, but embalms anyways, what is this?

Mutilation

The court that generally controls the disposition of a decedent’s estate and settles disputes over wills.

Probate court

Consists of maxims, principles, and judicial decisions that have been passed down from hundreds of years of jurisprudence.

Common law

The term “corpse” is synonymous with the term…

dead body

To legally be a dead body or corpse, it must meet three conditions. These conditions are…

a human body, without life, and not entirely disintegrated

What kind of rights do survivors have over a dead body?

Quasi property

What happened in Noble, Georgia?

The Tri-State crematory discarded over 300 bodies rather than cremating them.

What happened with Phelps-Roper v. Strickland?

Prohibits protests within 300 feet of a funeral or burial service.

Is cremation considered lawful disposition?

No

Scattering of cremated remains must be made how far from the shore?

3 nautical miles

Placing a body in a cylinder filled with water and strong alkaline chemicals.

Alkaline Hydrolysis

Body is physically within custody

Actual possession

Where the body is physically in the custody of another

Constructive possession

An agreement between a funeral director and another competent party of legal age.

Funeral contract

In response to the need to promote organ donation, and other anatomical gifts, also has been enacted in all 50 states

Uniform Anatomical Gift Act

Grief counselling, support groups, or other grief facilitation activities sponsored by funeral homes.

Aftercare

Awarded by a court to a plaintiff not to compensate the plaintiff for damages, but to punish the defendant.

Punitive damages

Land and anything attached to it

Real Property

Any tangible or intangible property

Personal property

Who is primarily liable to pay the funeral expenses of spouse and dependent children?

(Noted from common law)

Husband/father

Removal of a dead body from its place of repose after disposition has been completed

Disinterment/exhumation

Exhumations done for private reasons generally involve…

Hint: same place or different place

Internment at a different place

Exhumations done for public reasons generally involve…

Hint: Same place or different place?

Internment at the same place

What are some of the reasons for private exhumations?

Abandoned graveyard, graveyard too far away, request of spouse or next of kin, the body is in the wrong cemetery

A fixed place for the conducting of funerals and/or for the care and preparation of the dead prior to disposition

Funeral home

Invasion of a landowner’s interest in the reasonable use and enjoyment of his land

Nuisance

Regulation dividing the municipality into geographical sections and specifying for each such section the nature, character and use of buildings or occupancy within that section

Zoning ordinance

Provides disabled individuals with full use and enjoyment of public accommodations

Americans with Disabilities Act

When did accommodations for the ADA become more stringent?

1993

What is the one disease morticians can turn away due to not having the proper tools?

Creutzfeldt-Jakob Disease

The public accommodations section of the ADA are enforced by who?

U.S. Attorney General Office and private individuals

Contracts entered into between members of the public and funeral homes to provide for funeral goods and services in the future upon the death of the contract beneficiary.

Pre-need funeral contract

Payable in services or merchandise or as a credit toward services or merchandise

Burial insurance

Life insurance which is used to fund a separate preneed contract

Funeral insurance

Mandates that all door-to-door sellers must notify their customers that they have the right to cancel the door-to-door transaction at any time prior to midnight of the third business day after the date of the transaction

Cooling-Off Rule

How much is the price for a door-to-door sale to be considered a door-to-door sale?

$25.00

The Fair Labor Standards Act covers what three areas of employment?

Minimum wage, overtime compensation, and equal pay

The FLSA is enforced by who?

Wage and Hour Division of the Department of Labor

These are the “white collar exemptions”:

Executive employee, administrators, professionals, commissioned outside salesman, computer employees.

What 2 states require 4 years of education to be a funeral director?

Minnesota and Ohio

How many employees does a business have to have to be under the provisions of the ADA?

15 or more

Any physical or mental impairment that substantially limits one or more life activities.

Disability

Prohibits discriminatory practices in employment based on race, color, religion, sex, or national origin

Title VII Of the Civil Rights Act of 1964:

Who enforces Title VII of the Civil Rights Act?

Equal Employment Opportunity Commission (EEOC)

When did Congress enact the occupational Safety and Health Act?

1970

In the event of a death of an employee or hospitalization of 5 or more employees, the employer must report the accident to OSHA within how long?

48 hours

What are the three standards of OSHA that are under funeral homes?

Formaldehyde Exposure Standard, Hazard Communication Standard, and the Bloodborne Pathogen

Who does OSHA not cover?

self employed workers

Per the Formaldehyde Exposure Standard, this amount in parts per million is allowed in an 8 hour period.

.75 ppm

Per the Formaldehyde Exposure Standard, this amount in parts per million is allowed in an 15 hour period.

2 ppm

How long do funeral home owners have to notify employees in writing of the results of formaldehyde monitoring results?

15 days

If an accident happens and the lab shower is needed, how long does the employee stand underneath the shower?

15 to 20 minutes

Are eye wash squeeze bottles sufficient underneath the Formaldehyde Exposure Standard Act?

No

How long are medical records kept?

30 years

How many air changes are considered to be optimal in the prep room?

15

How often does the funeral home repeat formaldehyde monitoring until the level falls back below the action level?

Every 6 months

If the funeral home were to transfer a product from the manufacturer’s container into it’s own container, the funeral home must relabel this container, unless…

The container is 10 gallons or less and is to be used immediately.

What vaccine is required under the Bloodborne Pathogen Standard for funeral employees?

Hepatitis B

Trocars must be stored with a cover, however if there is no cover, what needs to be done?

A PCP pipe that is 2 inches longer than the trocar can be used.

When was the FTC Funeral Rule put into effect?

1984

The Funeral Rule falls under the auspices of…

Federal Trade Commission

What are the 3 primary purposes of the funeral rule?

Right to select funeral goods and services, gives consumers access to detailed information, to prevent misrepresentations.

The funeral rule can also be known as

The Rule

What is the cornerstone of the Funeral Rule?

General Price List

What must the funeral home put on the general price list for introduction?

Address, telephone number, the title “General Price List”, and an effective date.

How many goods and services are itemized on the GPL?

16

What is the only fee that is non-declinable on a GPL?

Basic Service Fee

How many mandatory disclosures are there on a GPL?

6

What are the 6 mandatory disclosures of the GPL?

Choice of goods and services, non-declinable service fee, embalming disclosure, casket price list, burial container lists, alternative containers for direct cremation

Does the casket price list have to be offered to customers for their retention?

No

What is the purpose of the statement of Funeral Goods and Services Selected?

To provide customers with an itemized list of their purchases at the conclusion of the funeral arrangement

When a seller requires a purchase of an unwanted item in order to obtain a desired good or service.

Tying Arrangement

How much are the current penalties per Funeral Rule violation?

$16,000

This federal act insures that consumers who are provided credit by banks and businesses are fully apprised of all aspects of the credit arrangement

Truth-In-Lending Act

A funeral home will be required to make Truth-In-Lending disclosures during any particular transaction if it satisfies a two part test, what are these two parts?

Qualifies as a creditor and extends credit to a consumer

How many times must a person or business extend credit a year to be considered a creditor?

More than 25 times a year

Credit arrangements must be made by…

a natural person

Federal statute which governs express and implied warranties

Magnuson-Moss Warranty Act

This federal at requires financial institutions to setup and maintain safeguards to protect personal financial information with non-affiliated companies.

Safeguard Rule

Some ways to destroy personal financial information is by…

specially designed trash containers, use of shredders, and firewalls

When was HIPPA enacted?

1996

HIPPA stands for

“Health Insurance Portability and Accountability Act”

How often should the “Do Not Call” list be scrubbed?

Every 31 days

When a debt collector is collecting debt, what times are they prohibited from collecting debt?

Before 8:00AM or after 9:00PM

What would not be a part of the 16 madated items on the GPL?

(Written down from a past test)

Lead Car

What is another term for the FTC?

(Written down from a past test)

The Commission

Why must you give the GPL?

(Written down from a past test)

For the customer’s retention

(Meaning they keep it, this does not have to happen for a CPL/OBCL)

What is not a cash advance?

(Written down from a past test)

Acknowledgement cards

What are the disclosures that are written exact as funeral rule says?

(Written down from a past test)

Cash advance, embalming, and legal fees

Which one of these is not considered white collar?

(Written down from a past test)

Tradesmen

When being sued, who gets sued?

Hint: Is it the funeral director or funeral home?

Funeral home

Who would be used as a last resort for taking custody of a dead body?

Funeral director

In early English law, who had control over a dead body?

The church

What kind of property is dead body considered?

Quasi property

What does the abbreviation CE stand for?

Continuing education

The Rule requires you give itemized price information. The Rule prohibits you from all except:

Limiting the prices of funeral goods