MO Funeral Law Flashcards
Board
State board of embalmers and funeral directors
Embalmer
Any individual licensed to engage in the practice of embalming
Funeral director
Any individual licensed to engage in the practice of funeral directing
Funeral Establishment
A building, place, or premises devoted to or used in the care and preparation for burial or transportation of the human dead and includes every building, place or premises maintained for that purpose or held out to the public by advertising or otherwise to be used for that purpose
Person (Persons)
Includes a corporation, partnership or other type of business organization
Practice of Embalming
The work of preserving, disinfecting, and preparing by arterial embalming, or otherwise, of dead human bodies for funeral services, transportation, burial, or cremation, or the holding of oneself out as being engaged in such work
Practice of funeral directing
Engaging by all individual in the business of preparing, otherwise, then, by embalming, for the burial, disposal, or transportation, out of the state of, and the directing and supervising of the burial, or disposed of, did human bodies, or engaging in the general control, supervision, or management of the operations of a funeral establishment
Preneed agent
Any person authorized to sell a pre-need contract for or on behalf of a seller
Provider
The person designated or obligated to provide the final disposition, funeral burial services or merchandise described in the pre-need contract
Seller
The person who executes a preneed contract with a purchaser, and who is obligated under such preneed contract to remit payments to the provider
Licensing requirements for embalmers
- Must be licensed to practice embalming.
- 18 years old.
- High school diploma or equivalent.
- In good moral character.
How to become licensed as an embalmer (in MO)
- Register with the state board while attending mortuary school. After register, the student can assist under direct supervision. Board provides registration forms charges in a fee
- Graduate from an American Board a funeral service examiners accredited mortuary school within five years of date of application for license.
- Pass either state board test or national conference exam with a 75% average or score.
- Serve apprenticeship.
ABFSE
American Board a funeral service examiners
Who administers all (funeral service) tests?
The international conference
Must receive a 75% score
What do you do if you fail the national conference exam (embalmer)
- You may retake it at the next exam date if you notify the board within 30 days in advance
- Must repay exam fee after each retake
What do you have to do to complete embalmers apprenticeship?
- Employed full-time in a licensed funeral establishment as an intern for 12 months
- Must be full-time = 30 hours per week
- Must embalm at least 25 bodies under the supervision of a licensed embalmer (remember 2 a month plus 1 extra at Christmas)
- Supervised by a MO licensee/reciprocity
- Supervisor must be physically present for embalmings for the first six months.
- After six months, the supervisor can be an hour travel away from the apprentice
Licensing requirements for funeral directors
- Must be licensed to practice funeral directing.
- 18 years old.
- High school diploma or equivalent.
- Citizen or resident of Missouri or eligible non-resident.
- Good moral character.
- Must pass a test covering state statues in rule, the government benefits, transportation, in this position of dead human remains, etc.. (75% pass)
—- exception: the board may waive requirements for six months to a spouse, next of kin or executor of a dead or disabled funeral Director
Process of becoming a funeral Director
- Submit application to board and pay application and examination fees
- Serve a 12 month apprenticeship 15 hours per week.
- complete internship and pass a written test over laws and regulations.
- Provide proof of 10 funerals arranged and conducted.
- Must pass state board exams.
- Must appear for examination within 24 months of filing application.
Process of becoming a funeral Director in Missouri by reciprocity
- Hold a valid license in state of residence.
- Makes application to state board.
- Must be on board form and paid a fee
- Must include copy of his original
License - Submit proof of educational and professional qualifications.
- Pass reciprocity exam with a 75%
- Submit a letter from his own state board, saying that he is in good standing, and that there are no pending complaints, no discipline against license, score on his state exam
— state of residence must have equal standards to Missouri or have practiced for at least five years
—- state of residence must also Grant reciprocity to Missouri licensees
License renewal for funeral directors and embalmers
- License must be renewed bi-annually (every 2 years) PRIOR to June 1st
- License expires May 31
- Board does not grant a grace period
- Expired license can be reinstated for up to two years without re-taking the test (cannot practice until license is renewed)
- Funeral Director must notify board within 30 days of change of address
Where does your license have to be displayed?
Must be displayed in each office working in or recorded in the office of the local registrar
The board may file a complaint with the AHC for any of the following causes
(there are more, I just put in the highlighted terms most likely on the test)
- Impairment of drugs and alcohol.
- Found guilty of fraud, dishonesty violence, controlled substance, offense made during Funeral directing or embalming
- Be judged as insane or incompetent.
- Violation of professional, trust or confidence.
- Use of any advertisement, which is false, misleading, or deceptive.
- Resigning a death certificate, or signing a death certificate on a body, not in bombed by or under the supervision of the licensee.
- Refusing to surrender a body upon request of the next of kin.
Statute of limitations for conviction or a crime
- If the state board receives a notice of violation, they must initiate action on the complaint within THREE YEARS of the date they received the notice or be forever banned from doing so.
This rule does not apply to sexual misconduct or repeated actions of negligence
Procedure of a complaint
- The public or executive Director or staff can file a complaint to the board.
- Complaints must be acknowledged in writing.
- Complaints are closed records however, licensee is entitled to a copy.
- Bought Files compliant with administrative hearing commission.
- AHC makes determination for discipline
What happens if the AHC finds cause for discipline?
- Censure (reprimand)
- Probation (not to exceed five years)
- Suspended license (up to three years)
- Revoked license
Who makes up the state board?
- SIX members, FIVE LICENSED and ONE PUBLIC MEMBER
- All members appointed by the governor with advice and consent of senate
- Board members serve for FIVE years
Qualifications for being a state board member
- License members must be active practice for five years
- Public member must not have any involvement in the funeral industry & cannot participate in technical question discussions
- All members must be a US citizen’s residence of Missouri for one year, a qualified voter, and a good moral character
- No more than three members of the board from one political party
- All board members must take an oath
Meetings for the state board
- Board must have at least two meetings a year to administer exams
- At a meeting, and majority of members appointed constitutes a quorum
- Board must elect a chairman, vice, chairman and secretary
- Compensated no more than $50 a day
Merchandising practices
- People must receive a statement of goods and services.
- establishment cannot bill more for a cash advance items in the actual cost to the establishment
- All merchandise displayed for sale in funeral establishment must have the price clearly marked at all times.
To be a licensed funeral establishment you must
1) the under the supervision of a license funeral Director
2) have funeral Director named on the application
—3) establishment must comply with the state county and city zoning
4) Have all embalming performed by a licensed embalmer
5) embalming facilities are sanitary and comply with department of health standards; has a log book
When will the board Grant or deny an application for a funeral establishment?
The board with Grant or deny application within 30 days. Board will inspect facility within the 30 day period
When must a funeral establishment renew their license?
January 1 every other year
What type/function of establishment license do full service funeral homes have?
Type A: for embalming only
Type C: for care and preparation, other than embalming or cremation only
(Type E: for visitation and ceremonies only)
If funeral home decides to close when must they notify the state board?
Establishment must notify state board 60 DAYS BEFORE ceasing to do business
How can different parts of a funeral establishment facility be separated?
If part of establishments facilities are in a separate building, this building must have a separate establishment license, UNLESS buildings are joined by a PASSAGE, WALKWAY, or DRIVEWAY
If a funeral home is destroyed can it continue operations
If an establishment is destroyed, IT MAY CONTINUE OPERATIONS from another licensed establishment or an unlicensed facility APPROVED by the board for up to SIX MONTHS
When change of funeral establishment ownership has occurred…
1) eliminating one or more owners does not require a new license, but must file an amended application within 30 days
2) if a new owner is added, must file for new license
3) if a corporation owns the establishment, then it is not necessary to get a new license if the stockholders of the corporation change
Preparation room floors and walls
- Floors must be smooth, nonabsorbent, and easily kept clean. -Floors must contain drain, is subject to cleaning by flooding.
- Walls and ceilings must be light colored, easily clean, and in good repair
- Walls must have washable surfaces
Preparation, room sewage and liquid waste disposal
All sewage and water carried waste from entire establishment must be DISPOSED OF IN A PUBLIC SYSTEM or other system which meet department of health standards
What are the three approved aspirators for preparation room use
- Electric aspirator
- Water operated aspirator must be protected from back siphoning
- Water controlled aspirator
All aspirators must be 12 inches above the maximum height of the embalming table
Solid waste disposal in preparation room
All waste materials (bandages, cotton clothes) must be stored in leak, proof, nonabsorbent, containers
What do you do with body parts that are not connected to the body?
Human body parts, not placed into the casket, must be INCINERATED or BURIED AT LEASET 3 FEET DEEP
Miscellaneous requirements for preparation room
- Prep room must have a mechanical exhaust system that doesn’t create a nuisance
- Eyes wash kit/station
- Facilities for sterilizing instruments and table
- Cabinet for storing instruments
- Nonabsorbent Blocks used for positioning the body; all wood blocks must be painted with an enamel
How should embalming tables look when not being used
Embalming tables must be cleaned, sterilized, AND COVERED with a sheet