This is Dad's studyguide

Term

Definition/Explanation

Active licensee

An individual who holds a funeral director (or embalmer and funeral director) license issued by the board and who has complied with all requirements of Chapter 10.

Addiction

The physiological or psychological dependency on drugs or alcohol.

Advertisement

Any announcement or statement placed before the public (directly or indirectly) in a newspaper, magazine, or other publication, or as a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over any radio or television station.

Approved continuing education program

A continuing education program activity that is approved by the board.

Approved provider

Any continuing education provider approved by the board.

Association

A partnership, a combination or group of individuals, or an unincorporated organization of persons having a common interest.

Authorizing agent

A person legally entitled to authorize the cremation of human remains.

Board

The Louisiana State Board of Embalmers and Funeral Directors (LSBEFD).

Body parts

Human remains, limbs, or portions of anatomy severed during an accident; removed for medical purposes (treatment, surgery, biopsy, autopsy, research); or bodies/portions donated to science for medical, educational, or research purposes.

Branch establishment

A licensed funeral establishment devoted to the care of the deceased or held out as an office for funeral directing, having ownership identical to the main establishment and practically served by the main establishment's licensed personnel.

Burial

The act or process of disposing of a human body by depositing it in the earth, at sea, or by any other accepted disposition.

Burial-transit permit

The permit for disposition of a dead human body as required by state law.

Buyer

The person entering into a preneed funeral contract with a licensed funeral establishment.

Capper / Steerer / Runner

A person who, for monetary benefit or other consideration, procures or attempts to procure business at the direction of, request of, or in cooperation with a licensee by means of deceit, trick, fraud, or misleading statements.

Care of the dead

Watchful observation of the deceased person and attention given to the survivors and friends.

Casket

A rigid container designed to encase human remains, usually of wood, metal, fiberglass, or similar material, ornamented and lined with fabric (which may or may not be combustible), for transportation or other disposition.

Certificate

A license issued by the board.

Change of ownership

A transfer of more than fifty percent of the stock or assets of a funeral establishment or crematory authority.

Closed container

Any container in which cremated human remains can be placed and closed to prevent leakage or spillage of remains or the entrance of foreign material.

Contagious disease

A disease which is communicable by contact.

Continuing education

Education obtained by a licensee through educational processes to develop, maintain, improve, or expand skills and knowledge.

Corporation

A body formed and authorized by law to act as a single person although constituted by one or more persons, legally endowed with various rights and duties.

Cremated human remains

All remains of the human body recovered after completion of the cremation process (including processing and/or pulverization) leaving only bone fragments reduced to unidentifiable dimensions, possibly including residue of foreign material cremated with the remains.

Cremation

The technical process, using direct flame and heat, that reduces human remains to bone fragments through heat and evaporation; may also include processing and/or pulverization of bone fragments.

Cremation container

The container in which human remains are transported to the crematory and placed in the retort for cremation.

Cremation container standards

Must (1) be composed of materials suitable for cremation; (2) provide a complete covering for the human remains; (3) be resistant to leakage or spillage; (4) be rigid enough for handling with ease; and (5) provide protection to safeguard the health, safety, welfare, and integrity of crematory personnel.

Cremation retort

The enclosed space within which the cremation process takes place.

Crematory

The building or portion of a building that houses the cremation retort for reducing bodies of deceased persons to cremated human remains.

Crematory authority

The legal entity which is licensed by the board to operate a crematory.

Crematory retort operator

The individual who is authorized and licensed by the board to operate the retort and perform the cremation process.

Deceptive

Tending or having power to impose a false idea or belief, or causing one to believe an untruth.

Dishonest conduct

A standard of personal behavior by a funeral director or embalmer characterized by a willful distortion of the truth in an attempt to deceive, cheat, or defraud.

Disinterment

The act or ceremony of extracting a dead human body from the earth or tomb.

Disposition

The shipment, interment, burial, cremation, or anatomical donation of a dead human body or parts of a dead human body.

Embalmer

A person who disinfects or preserves (or both) a dead human body, entirely or in part, by use of chemical substances, fluids, or gases—by outward application or by vascular/hypodermic injection or direct application into the organs or cavities.

Embalmer and funeral director

A person to whom a valid license has been issued by the board to perform the duties of both embalming and funeral directing.

Embalming

Preparing, disinfecting, and preserving—hypodermically, arterially, or by other recognized means—the body of a deceased person for burial, cremation, or other disposition.

Financial institution

A state or national bank, savings bank, or savings association located in Louisiana whose deposits are FDIC-insured, including homesteads, building and loan associations, and savings and loan associations.

Firm

A business unit or enterprise, or a partnership of two or more persons, not recognized as a legal person distinct from the members composing it.

Formal hearing

A hearing as provided for in R.S. 37:847.

Fraud

The intentional distortion of the truth by a funeral director or embalmer in order to induce another to part with something of value or to surrender a legal right.

Funeral

The observances held for a dead person, usually before burial or cremation.

Funeral directing

The operation of a funeral home and any service connected with the management of funerals—supervision of hearses/funeral cars, purchase and retail sale/display of caskets and merchandise, cleaning/dressing bodies for burial, and supervising any service from time of death until the body is delivered for disposition.

Funeral director

A person to whom a valid license has been issued by the board to perform the duties of funeral directing.

Funeral establishment

Any place or premises duly licensed by the board and devoted to the care and preparation for disposition of a deceased body, or held out to the public as an office for the practice of funeral directing.

Funeral goods and services

Goods sold for use in funeral services; services to care for/prepare remains for disposition; arranging, supervising, or conducting the funeral ceremony or final disposition; and funeral merchandise.

Funeral merchandise

Caskets, rental caskets, rental casket inserts, alternative containers, combo/shipping caskets, and other receptacles (excluding urns) where human remains are directly placed for disposition.

Funeral recipient

The individual for whom funeral goods and services are to be provided under the terms of a preneed funeral contract.

Funeral trust account

An account established pursuant to R.S. 37:865(B)(1).

Gratuity

An inducement given voluntarily or beyond obligation to gain business.

Guaranteed funeral goods and services

A specifically identified set of funeral goods/services a funeral establishment agrees to provide for a named recipient upon death, for which a funeral trust account, preneed insurance policy, or annuity has been established/paid, so there is no additional cost to the recipient's family or estate.

Holding facility

An area within or adjacent to the crematory for short-term retention of human remains prior to cremation.

Holding facility requirements

Must (1) comply with applicable public health laws; (2) preserve the dignity of the human remains; (3) recognize the integrity, health, safety, and welfare of crematory personnel; and (4) be secure from access by anyone other than authorized personnel.

Hour of continuing education

A unit of measurement equivalent to an organized learning experience of fifty consecutive minutes.

Human remains

The body of a deceased person, or part of a body or limb in any stage of decomposition removed from a living or dead person.

Inactive licensee

An individual who holds a license, is not practicing in any capacity in the state, and has not met the requirements of R.S. 37:854.

Incompetency

The lack of skills or qualities necessary to perform the duties of funeral director or embalmer.

Infectious disease

A sickness or malady which is easily diffused, spread, or communicated.

Informal meeting

A fact-gathering session of the board as provided for in R.S. 37:847.

Interment

The act or ceremony of burying a dead human body.

Interment receptacle

An enclosure in which a casket is placed.

Intern

A person duly registered with the board while employed by a funeral establishment, learning the practice of funeral directing and/or embalming under the supervision of a licensed funeral director (or director and embalmer) available on the same premises for consultation.

Joint venture

A speculative business enterprise involving the united activity of two or more persons.

Legal custody

The immediate care, charge, and control exercised by a person or authority according to or within the law.

Malpractice

A negligence from professional duty or a failure to exercise an acceptable degree of skill or learning as a funeral director or embalmer that results in injury, loss, or damage.

Mandatory disclosure

To divulge necessary, required information relating to services and merchandise offered by the funeral home and pertaining to any other conditions known at the time funeral arrangements are made.

Mislead

To lead into a mistaken action or belief, often by deliberate deceit.

Misrepresentation

The act of giving a false or misleading representation with an intent to deceive.

Next of kin

One or more living persons in the nearest degree of relationship to another person.

Partnership

A legal relationship existing between two or more persons contractually associated as joint principals in a business.

Prearrangement

The non-binding gathering and exchange of information before an individual's death that provides guidance for a funeral or final disposition and does not result in a preneed funeral contract.

Preneed funeral contract

Any written agreement between a buyer and a funeral establishment in which the establishment agrees, prior to a named recipient's death, to furnish funeral goods/services upon death, and the buyer transfers funds or assigns an insurance policy/annuity to pay all or part of the cost; may be revocable or irrevocable and guaranteed or non-guaranteed.

Preneed insurance policy or annuity

Any policy or contract of insurance issued by an insurance company in accordance with Title 22 of the Louisiana Revised Statutes and used to fund a preneed funeral contract.

Preparation

The actions or processes necessary to make a dead body ready for disposition.

Processing

The reduction of identifiable bone fragments after completion of the cremation process to unidentifiable bone fragments by manual or mechanical means.

Program instructor

An organization or person who conducts or presents continuing education to licensees.

Pulverization

The reduction of identifiable bone fragments, after completion of cremation and processing, to granulated particles by manual or mechanical means.

Reburial

To transfer or transport a body from one place to another for reinterment.

Refund designee

The person designated in a preneed funeral contract by the buyer to receive any surplus of funds as provided in R.S. 37:865(G) and (I).

Removal

To transfer or transport a body from one place to another for preparation for burial or reburial.

Sole proprietorship

One who has the legal right or exclusive title to something.

Solicitation

The act or practice of any licensee (or agent, employee, or person acting on his behalf) approaching a person or group to make a request or plea, or urge someone toward a particular cause, as it pertains to the care, custody, or disposition of a dead human body.

Temporary container

A receptacle for cremated human remains (usually cardboard, plastic, or similar material) designed to hold the remains until an urn or permanent container is acquired; does not mean a "temporary receiving vault" as defined in R.S. 8:1.

Temporary license

A license issued for not more than six months to an individual licensed at least one year and active as an embalmer/funeral director or funeral director in another recognized jurisdiction; entitles practice in Louisiana under general supervision of a licensed establishment manager and becomes null and void if the endorsed license is revoked, suspended, or lapsed.

Transfer

To convey from one person, place, or situation to another.

Unethical or unprofessional conduct

A standard of personal behavior by a funeral director, embalmer, intern, or temporary licensee that does not conform to accepted professional principles of the funeral service profession.

Untrustworthiness

The quality or state of not being worthy of confidence.

Untruthful

To be false, inaccurate, or dishonest.

Urn

A receptacle designed to permanently encase cremated human remains.

§832 – Board creation

The Louisiana State Board of Embalmers and Funeral Directors is created within the Department of Health and Hospitals and is subject to R.S. 36:803.

§832 – Board size and appointment

The board consists of nine members appointed by the governor, subject to Senate confirmation; all members serve at the pleasure of the governor for terms of four years.

§832 – Board professional composition

The board includes four licensed embalmers and four licensed funeral directors, all Louisiana residents for at least five years with at least five years' experience in their professions.

§832 – District A

Two members must reside in District A: parishes of Orleans, Jefferson, St. Bernard, and Plaquemines.

§832 – District B

Two members must reside in District B: Vernon, Rapides, Avoyelles, Concordia, Catahoula, LaSalle, Grant, Natchitoches, Sabine, DeSoto, Red River, Winn, Caldwell, Franklin, Tensas, Madison, Richland, Ouachita, Jackson, Bienville, Bossier, Caddo, Webster, Claiborne, Lincoln, Union, Morehouse, West Carroll, and East Carroll.

§832 – District C

Two members must reside in District C: Beauregard, Allen, Evangeline, St. Landry, St. Martin, Iberia, St. Mary, Lafayette, Acadia, Calcasieu, Jefferson Davis, Cameron, and Vermilion.

§832 – District D

Two members must reside in District D: Pointe Coupee, West Feliciana, East Feliciana, St. Helena, Tangipahoa, Washington, St. Tammany, St. John the Baptist, St. Charles, Lafourche, Terrebonne, Assumption, Iberville, West Baton Rouge, East Baton Rouge, Livingston, Ascension, and St. James.

§832 – Elderly consumer member

One member (appointed by the governor) must be age 60 or over and serve as a representative of elderly consumers; must not be engaged in or retired from the funeral/embalming industry, is a full voting member, but may not participate in the grading of individual examinations.

§832 – Term limits

Members may serve two consecutive four-year terms; at least one year must elapse between a member's second consecutive term and reappointment. A replacement serves the remainder of the removed member's term (counted as a full four-year term).

§833 – Domicile of the board

The domicile of the board is Orleans Parish, Louisiana, where and only where it may be sued; the board may establish its office in the metropolitan New Orleans area.