Texas Law Exam Flashcards
Member of the Commissioner are as follows:
(2) licensed funeral director and embalmers who have been practicing for a minimum of 5 years.
(1) registered cemetery owner and operator
(4) members of the public with no ties to the industry regulated.
A dead human body can be transported without the presence of a licensed Funeral Director if:
there is no reasonable probability of contact with a family member.
A deceased person may not be cremated:
within 48 hours of death without a specific waiver
After 24 hours a dead body must be:
embalmed, refrigerated, or sealed in a leak and odor proof container.
All records maintained in the funeral establishment:
for a minimum of 2 years.
Bodies may be held in temporary receiving vault for how long without being considered disinterred?
30 days
Chapel must have:
seating for ten, pulpit, podium/lectern, adequate room for a casket, and public access.
Commission has 2 functions - what are they?
1st: ensure competent well qualified professionals are licensed to serve the public.
2nd: ensure that violations of law and regulations are aggressively and fairly prosecuted.
Commissioners are appointed by
Governor of the State of Texas.
Commissioner’s term is for
Staggered six years
Consumer brochure is given when?
presented at the same time as the General Price List GPL and is on conspicuous display.
Continuing Education Requirements -
16 hours in 2 years & 2 mandatory credit hours in ethics, state law & vital statistics.
Crematories are covered in Chapter
716
Death Records are covered in Chapter
193
Embalmer
a person who for compensation disinfects or preserves a dead human body - must be licensed by the commission
Embalmers must wear
PPE - personal protective equipment and clothings
Embalming is/is not required by Texas state law
is not
Embalming may be done without approval when:
a documented three hour attempt has been made to obtain approval - but even then authority is still NOT assumed under the law.
Embalming REQUIRES approval
to be performed, and to be charged.
Excess funds must be returned:
within ten (10) days.
Fetal death certificate is required:
for any fetus weighing 350 grams or after 20 weeks of gestation period.
the beginning of the relationship and duty of a funeral director to take charge of a dead human body - must be initiated by the client.
First call
acts of any person associated with or arranging for the disposition of human remains for compensation.
Funeral directing
a person licensed under this chapter who engages in for compensation or represents to the public as being engaged in for compensation the preparation other than embalming of a dead human body.
Funeral director
Funeral director and embalmer must be:
18 years of age, high school or equivalent, mortuary school graduate, completed provisional licensing program, scored 75 or better on required exam and state law exam.
Funeral director may not complete provisional license:
in a commercial embalming establishment.
Funeral director must:
be licensed and associated with a licensed funeral establishment.
Funeral establishment must be able to display:
5 adult caskets, 2 of which are full size - one of the full size must be the least expensive.
Funeral establishment must have:
a hearse, a chapel and a preparation room that meets commission rules, and a display room.
Funeral purchase agreement / contract:
must be written, must contain an itemized list of all fees and costs associated with services and merchandise selected by the customer, must contain the name, address, phone number and funeral establishment, cemetery, and crematory.
Retail Price List must be
presented before viewing or selecting merchandise. Must contain several disclosures. Must contain the effective date of prices and a list of all the retail prices, items and services provided by the funeral establishment.
a list of retail prices & services provided by funeral establishment; must be presented before viewing and selecting merchandise.
GPL / Retail Price List
How many provisional licensees receive credit for working on a body?
two
must be displayed in the same manner as the the other caskets.
Least expensive casket
Licensing and enforcement specific and substantive rules are found in Chapter
203
Mission of Texas Funeral Service Commission:
Protect the public from deceptive practices by granting compliance with the law of the state of Texas and the rules of the Commission through impartial enforcement.
the scientific professional and practical aspects with consideration given to accepted practices of the care and preparation for burial or transportation of a dead human body; include the preservation and sanitation of a dead human body and restorative arts.
Mortuary Science
Must have a burial transit permit if:
body or fetus is to be removed from state, transported by common carrier with state or cremated.
Number of cases to compete for provisional license is:
60
Can be a FDIC of more than 1 funeral establishment if:
- Operated as as a branch or satellite of primary facility
- Under the same management and ownership
- No more than 50 miles from primary facility
Embalming
- is NOT required by state law
- must be approved to embalm
- if approval is oral, must maintain name of person authorizing, embalming, relationship to deceased, and time permission received
- If approval is not available, must exercise due dilligence / documentation of efforts over a 3 hour period to contact an authorized person;
- Must maintain records for a minimum of two years
Embalming requires a consent for if students will be performing the embalming - most standard embalming forms have this verbage.
To own a funeral establishment you -
are required to have a FDIC only.
In order to supervise a provisional licensee, the sponsor must have been licensed in Texas for a minimum of
2 years.
To sign an at-need purchase agreement regarding funeral services and merchandise
you must be a licensed funeral director.
A regular certificate of death shall be filed with the local registrar no later than
TEN days form the date of death.
Minimum Requirements for a Prep Room
- An injection / embalming machine
2. Sufficient supplies & equipment for sufficent operations
The time frame for “funeral directing” begins
at the time of the First Call and ends when Inurnment, interment, or entombment services are complete, or the body is permanently transported out of this state.
The provisional license period is a
minimum of 12 consecutive months and a maximum of 24 months.
What must you give any person upon request?
GPL or Retail Price List
when discussing funeral services, a funeral service provider shall physically hand a prospective customer_____
a copy of the GPL
a licensee who is 65 years of age or older and pays 50% of the current registration fee would be classified as
retired or inactive status
the minimum and maximum penalties the Texas Funeral Service Commission can assess are
$100
$5,000
respectfully
what must be given to a person that requests it
a fair trial
an individual with a prior criminal conviction must request a hearing with the Texas Funeral Service Commission _______ to attending mortuary school
prior
a fetal death certificate shall be filed with the local registrar within ____ days after the death or fetal death
5
a maximum of ____provisional licensees may receive credit for work performed on the same body
2
a method of pricing that offers a discount to purchaser who buys various services and merchandise as a package is called
package arrangement
to operate a funeral establishment what are the minimum requirements for displaying caskets?
you must have at least 5 adult caskets, two of which must be full size and displayed in the casket showroom
what are the licensing requirements for a commercial embalming establishment?
embalms for licensed funeral establishment; does not sell services or merchandise directly or at retail to the public; and meets the requirements for an embalmers license
A prep room must be properly ventilated with an exhaust fan that provides at least what?
Five room air exchanges per hour
Temperature for remains
34-40 degrees
Depth of graves if container is NOT made of impermeable material
Not Less than two feet below the surface
Does not apply to sealed surface reinforced concrete burial vaults
Depth of grave if container IS made of impermeable material
Not less than 1.5 below the surface
Does not apply to sealed surface reinforced concrete burial vaults
