If another family member/third party executes the funeral contract& agrees to Be liable for it,

husband/father’s obligation is still liable for the payment

The person who requests a funeral director to undertake a funeral is

Not automatically liable for the funeral expenses

What actions can be taken if failure to dispose of a body in a lawful manner?

Criminal sanctions against individual

A business is not considered to be a “financial institution” under the GLB Act unless it is..

Significantly engaged in financial activities

It‘s a violation of the Funeral Rule 2charge for embalming except in thefollowing circumsranges

State law, prior permission 2 embalm, exigency circumstances

What are the basic requirements to the Hazard Communication Standard?

MSDS, ContainerLabeling, EmployeeTraining, HazardCom Program

An exception in some jurisdictions in which the duty of the wife is to pay Husbands funeral

The husband’s estate is insufficient to pay foe the expenses

The purpose of the federal truth in lending act is to?

Ensure that consumers that get credit are aware of terms

3 specific OSHA standards that funeral directors are subject2 are bloodborne pathogen Standard

Formaldehyde exposure Standard, hazard communication

The state boards that oversee licensing statues consists of____

Funeral directors and members of the public

Hazard communication standard is a disclosure law so that employees are provided information

Regarding hazard materials they are working with

Which document can a funeral home request from a crematory when investigating it?

Copies of state inspection reports

What is one of the primary purposes of the funeral rule?

To provide consumers access to detailed, itemized price info

studbud

Mortuary Law

117 termsStudBud Administration222 plays

Ch. 1-16

Flashcards117 cardsFPractice quizPHost liveL

Questions 117

Answers

1
If another family member/third party executes the funeral contract& agrees to Be liable for it,
Liability Extinguished
Determined if still liable or not by the state
Equally responsible for the Payment
husband/father’s obligation is still liable for the payment
2
A trespasser is owed the same high degree of care as one who was invited
False
True
3
The person who requests a funeral director to undertake a funeral is
Automatically liable for the funeral expenses
Partially liable for the funeral expenses
Not automatically liable for the funeral expenses
Liability is determined by the state
4
For any person to throw away a dead human body or it's parts in an improper place without a DC?
Kidnapping
Mutilation
Civil
Criminal
5
OSHA officers will discuss all ___ Or ___ conditions observed on the inspection
Unsafe, unhealthy
Unsafe, unhygienic
Unique, unusual
Unclean, unhealthy
6
terminology preferred/recommended to a funeral director when offering aftercare activities
Therapist
Psychiatrist
Counselor
Grief facilitator
7
how far away from the shoreline must scattering of remains take place?
20 nautical miles
3 nautical miles
It can be scattered anywhere
2 nautical miles
8
Name one state that imposed stricter standards than those maintained by OSHA
Michigan
Iowa
Illinois
California
9
What actions can be taken if failure to dispose of a body in a lawful manner?
Criminal sanctions against individual
License revoked
Exposure on social media and news networks
Fine
10
When identifying the decedent, the funeral director list descendent‘s name, address, SSN and?
Place and time of birth
clothing
Place and time of death
Zodiac sign
11
A business is not considered to be a “financial institution” under the GLB Act unless it is..
Significantly engaged in financial activities
Significantly engaged in collections only
Significantly engaged in financial debt
Both A and C
12
It‘s a violation of the Funeral Rule 2charge for embalming except in thefollowing circumsranges
Non-declinable basic service fee
State law, prior permission 2 embalm, exigency circumstances
Legal and cemetery requirements
Outer burial container
13
In most ____, there is a strong publicy against disinterment
Courts
Jurisdictions
States
Cases
14
If a widow dies, there may be server children who hold equal rights to control the disposition.
False
True
15
______ that list credit terms are governed by the truth in lending act
States
Soliciting
Advertisements
Cremation
16
A funeral home owner pay a male more than a female that does the exact same job
True
False
17
Receipts should be used when shipping or receiving remains
True
False
18
Funeral homes are generally liable for warranties made by manufacturers.
True
False
19
What year did FTC/FCC issue telemarketing sale rules?
2005
2003
2009
2008
20
What are the basic requirements to the Hazard Communication Standard?
MSDS, cylinder labeling, non employee training
MSDS, ContainerLabeling, EmployeeTraining, HazardCom Program
Employee training
Hazard Communication Program
21
Who are/is the principal regulators of the funeral profession?
President
Administrators
Governor
States
22
An exception in some jurisdictions in which the duty of the wife is to pay Husbands funeral
The wife and Husband have no children under 18
The husband’s estate is insufficient to pay foe the expenses
The wife has children from a previous marriage
The husband hasn’t not paid child support
23
In case of a death by a contagious disease what is the length of time a body may be held?
One week
Minimum of 4hrs after death
24 hours
Maximum time allowed
24
Whenever an individual calls a funeral home & ask about prices, they must provide accurate info
True
False
25
What type of rights do the next to kin have with the dead human body?
Liberty
Civil
Equality
Quasi-property
26
The person that has the legal undertaking disposition has the power to
decide what type of service
All of the above
restrict invitations to service
Control all matters relating to the funeral
27
refers to grief counseling, support group, other grief facilitation activities via funeral home
Nursing
Ministration
Treatment
Aftercare
28
Civil laws generally prohibits employer from basing employment related decisions on
All of the above
Sex
Race
Pregnancy
29
Pre-need payment arrangements often include ____ of consumer credit.
Finances
Proof
Extensions
Loans
30
The purpose of the federal truth in lending act is to?
To ensure that banks are paid on time
Tell the truth
Lend to anyone in need
Ensure that consumers that get credit are aware of terms
31
There are ____ primary protections that funeral homes want to include in a right of disposition
5
2
4
3
32
The occupational Safety and Health Administration and the FTC are examples of ___ regulations.
State
City
Federal
Police power
33
Some states require disclosure of patient health info to families to inform funeral homes
True
False
34
Courts May award the harmed employee back pay if the owner is found guilty
True
False
35
In many states, disinterment is a matter of statutory regulation
True
False
36
Courts have not upheld a family or FD's right to request a cemetery or exclude unwanted guests
False
True
37
B/c cremation is an irreversible process, mistakes made by funeral directors cannot be undone
False
True
38
3 specific OSHA standards that funeral directors are subject2 are bloodborne pathogen Standard
N/A
Formaldehyde exposure Standard, hazard communication
Formaldehyde exposure standard, lighting standard
The communication standard, the soda standard
39
the removal of the dead body or remains from its place of repose after disposition is completed
Exhumation
Disinterment
Interment
A and B
40
What is the cornerstone of the funeral rule?
Permission
Embalming
GPL
Introductory matters
41
The state boards that oversee licensing statues consists of____
Funeral directors and members of the public
Administrators
Coroner
Medical Examiner
42
Hazard communication standard is a disclosure law so that employees are provided information
Regarding biohazards
Regarding hazards in the home
Regarding injury
Regarding hazard materials they are working with
43
ADA stands for Americans with Disabilities Act
True
False
44
Which of the following is not a proper method of disposition?
Inland waterway
In-ground burial
Entombment
Family cemetery
45
In the event of an accident involving the death/hospitalization, the employer must report2 OSHA
Within 72 hours of incident
Within 12 hours of incident
Within 24 hours of incident
Within 48 hours of incident
46
ADEA stands for Age Discrimination and Employment Act
False
True
47
The truth in lending has four basic requirements in regards to advertisement.
False
True
48
Which document can a funeral home request from a crematory when investigating it?
Embalming reports
Staff reports
Copies of state inspection reports
Cremation authorization reports
49
What is one of the primary purposes of the funeral rule?
To provide consumers access to detailed, itemized price info
To not give consumers the right to select funeral goods
To deceive the public
To misrepresnt prices
50
If the executor/administrator pay service for the funeral expenses with own funds, he may be
Reimbursed by the estate
Reimbursed by a third party
there is no reimbursement
Reimbursed by the funeral home
51
The funeral homes can assemble packages of goods and services and assign two prices to the pkg
False
True
52
A refinancing occurs, a set of new truth in lending disclosure have to be made to the consumer
True
False
53
The purpose of the cremation authorization form is to document in writing the consent to the___
Removal
Funeral service
Cremation
Burial
54
Obtaining custody of a body can be used for
persknal property
Placement in a museum
Taking body organs to sell
Purpose for disposing of in a lawful manner
55
“The cost of your credit as a yearly rate” best describes?
Annual Percentage Recognition (APR)
Annual Percentage Rate (APR)
Monthly Percentage Rate (MPR)
Quarterly Percentage Rate (QPR)
56
On the general price list how many goods and services has to be itemized?
Ten
Sixteen
Five
Twenty
57
Court has the authority to issue injunctions and other mandatory directions parties must allow
Court of Original Jurisdiction
Appellate Court
Trial Court
Court of Equity
58
A law permitting a person of legal age/mind to give any part of his/her body to after death
FTC
Uniform Anatomical Gift Act
OSHA
Uinfirm Anatomical Donations
59
HIPAA required the US Dept of HHS to regulate the protecting of privacy of patient _ and _ info
Medical
Health
Both A & C
Health and finances
60
Investigations by the FLSA can be prompted by?
Nonve of the above
Routine Audit
Both A and B
Employee complaint
61
What is minimum wage in Chicag?
$11
$8
$5
$7
62
Why was the the Fair Debt Collections Practice Act enacted?
To stop telemarketing harassment
To eliminate high interest rates
To stop abusive practices in the collection of consumer debt
To eliminate debt
63
In what year did the FTC put regulations on Funeral Service?
1984
1994
1904
1884
64
Often times courts are called upon to settle family disputes regarding disinterment
False
True
65
Mutilation, although slight and necessar, is involved in ____ a body
Disinfecting
Restoring
Storing
Embalming
66
What are 3 basic exposure levels, in order?
Time weighted averag, short term exposure level, ActionLevel
Time weighted average, ActionLevel, Standard term level
Actionlevel, time weighted average, shortterm exposure level
Shortterm exposure level, actionlevel, time weighted average
67
The doneemust employ the gift for medical and dental research, education or med sci advancement
False
True
68
EEOC stands for Equal Employment Opportunity Act
True
False
69
Who had exclusive control of the dead body in early English Law?
The church
The funeral director
The state
The spouse or next to kin
70
Once a particular issue isresolved by a court, principle control future decisions by that court
Quasi-Contract
Case Law
Stare-Decisis
Police Power
71
Funeral homes that emplo ____ or more employees fall under the coverage of ADA
20
5
15
45
72
What does FLSA stand for?
Federal Liquor Standard Act
Fair Labor Standards Act
Federal License Statue Act
Funeral Labor Standard Act
73
Under what circumstances are funeral homes required to make a truth in lending disclosure?
It qualifies as a creditor under the regulations
Only if requested
They get caught
Both A & C
74
Disinterment May be authorized by law on two principle grounds, either:
In the public interests or for private purposes
In the private interests or for the public purposes
In the principle law or for private purposes
In the principle law or for public interests
75
What are the hours that that state can take away the rights of disposition
None of these
Both a and b
12 to 24hrs
48 to 72hrs
76
are awarded by a court to a plaintiff to punish the defendant
Pecuniary damages
Compensatory damages
Punitive damages
Liquidated damages
77
In modern day, who has the right to take possession of the dead human body2 arrange disposition
The state
The funeral director
The spouse or next to kin
The church
78
In ____ law of most states there is a priority list of how the estate’s debts will be paid
Federal
Judicial
Probate
Civil
79
Requires financial institutions to protect the consumers financial information
Rule of nine
Rule of finance
Consumers protection
Safeguard rule
80
Individual must obtain funeral licenses from the ____.
President
Adminstrators
State
Legislatures
81
___law consists of the rules/principles society has established for the disposition of the dead
Case
Funeral
State
Criminal
82
The right of the governmental bodies to make reasonable laws to protect the safety of citizens
Police Power
Statues
Constitution
Equity
83
Name one of the sixteen items that needs to be itemized in the GPL
Services & facilities for a party
Services & equipment for viewing
Services & facilities for funeral ceremony
Transfer of live humans to funeral home
84
What 3 areas of employment law are important to funeral service?
Equal pay
Minimum wage
Overtime compensation
All of the above
85
Real property is:
Any tangible and intangible property
Land and anything attached to it
Anything that exceeds a value of $1,000
B & C
86
A funeral director is liable for pallbearer or clergy injuries if caused by tort of the FD
True
False
87
Which of the following is not a factor in determining the reasonableness of a funeral bill?
The decedent’s religious faith
The right of the creditors
Local and contemporary custom
The decedent’s county
88
Examples of possible independent contractors
Limo driver
Trade embalmer
Pallbearers
All of the above
89
The purpose of ADA is to allow employers to disxriminate against who they want to hire
False
True
90
Passengers in a limo are injured during a funeral, and there is no relation btwn driver and FD
Liability will not be imposed
Liability will be partially imposed
Liability is determined by the state
Liability will be imposed
91
has the power to seek an exhumation for the purposes of gathering evidence for a criminal trial
The federal court
The next to kin
The state
The judge
92
It is illegal for a FHO2terminate an employee who files a claim or participate in investigation
False
True
93
The rights of government bodies to make laws to protect the it's citizens?
Constitution
Police power
Statues
Equity
94
The first place the funeral director will look to for payment of the funeral expenses is:
Government funding
The estate
The dependent children
The widow
95
Does the caretaker have to be compensate?
Sometimes
Yes
No
Maybe
96
_____ instructions left by the decedent mag be binding
None of these
Written
Oral
Both written and oral
97
Which is among the most important provisions of the consent form?
Medical devices
All of the above
Disposition of personal property
Identification of the dependent
98
MostStates have statutorily because a person may legally use the ReverseSide of lic as don.form
False
True
99
Where does common law have much of its roots in?
Mexico
Spain
Puertp Rico
England
100
EBR represents
Established Beneficial Relationship
Established Business Relationship
Embalming Beyond Requirement
Embalming Before Required
101
The Gram-Leach Bliley Act of __ was designed to protect the privacy of consumer info held by __
1994; funeral homes
1899; financial institutions
1999; financial institutions
2009; funeral homes
102
funeral homes are not liable if their telemarketer violates the telemarketing sales rule
True
False
103
Which describes a person or business which extends consumer credit more than 25 times a year.
Goods of service
Creditor
Casket lender
Borrower
104
The husband or father is primarily liable for dependents. What is secondarily liable?
The estate
The widow
The government
Any person who signs the contract
105
Funeral directors who had accepted bodies but failed to see their proper disposition were _____
Held to be criminally liable
not liable
Excused
Fined
106
Unlike the ____, the ____ doesn’t not have to be offered to consumers for their retention
RPL; BPL
DPL; APL
CPL; GPL
GPL; CPL
107
If there’s a question about the __ of the estate, it is prudent for the FD to have a relative__
Legality; third party become liable if estate unable to pay
Liabilit; third party become liable if estate unable to pay
Validity; third party become liable if estate unable to pay
size&solvency; 3rd party become liable if estate unable 2pay
108
the time period a funeral home will hold a unclaimed cremations befkre they lawfully dispose?
You can never dispose of the cremated remains
3 to 9 months
3 months-6 years
60 days- 1 year
109
HIPAA allows covered entities to disclose confidential health information to funeral directors
True
False
110
Magnuson-Miss Warranty Act is a Federal Statue which governs express and implied warranties.
False
True
111
When does the possession and control of the body occur?
After the body is at the funeral home
After the funeral contract has been signed
From the moment of death
24 hours after death has occurred
112
What are the three conditions for a body to be legally declared dead?
-irreversible cessation of the brainstem, heart, and brain
Must be a body of a human being, w/o life, and decomposed
-body of a human being -w/o life -not entirely disintegrated
-any being -w/o life -not entirely disintegrated
113
What is the ultimate authority in the country?
Statues
U.S Constitution
Canon Law
Appellate Courts
114
OSHA does not cover self employed persons
True
False
115
The right of disposition can be taken away if that person cannot be located
False
True
116
Willful violations of the FLSA act can result in criminal prosecution
False
True
117
Which is not a permit 2 be obtained by a funeral director prior 2 disposition of the dead
Parking lot rental permit
Burial permit
Transit permit
Death certificate

Mortuary Law Flashcards | StudBud