I. Mortuary Law
1. Mortuary law or jurisprudence
B. Source of mortuary law
3. Statutes: state and federal
b. Health department laws
c. Business operational laws
4. Ordinances: local government
a. Location of funeral home
b. Location of cemeteries
1. Courts of equity authority
4. Settlement of disputed funeral bills
c. Definition of moment that death occurs varies from state to
state
2. The dust of a long dead body is not classified as a body
3. The bones of a skeleton are not classified as a body
E. Property and property rights in a dead human body
F. Obligations of final disposition
a. Right vested in decedent
b. Necessity of disposition
3. Methods of disposition
(1). Final disposition of remains
e. Delivery for dissection
4. Uniform anatomical gift act
5. Persons having primary duty of disposition
d. Personal representative
6. Secondary duty of disposition is upon public authorities
G. Right to control final disposition
1. Distinction between right and duty of final disposition
2. Nature and extent of the right of final disposition
a. Primary right: persons having primary right
(4). Personal representative
b. Secondary right: public authority
4. Rights of party charged with disposition of the body
b. Ability to convey custody to a funeral director
c. Superintend the funeral
d. Do that which is necessary to effect disposition
H. Disinterment/exhumation
1. In the public interest
a. Improper or unauthorized embalming
b. Necessity for maintaining embalming reports
c. When embalming is required
2. Obstruction of funeral arrangements
J. Postmortem examination
1. Need for proper authority
2. Autopsy vs. dissection
4. Contractual (e.g., insurance policies)
5. Right of public officials
a. Coroner/medical examiner/justice of the peace
c. Public welfare officers
K. Torts involving the dead human body
2. Desecration of the grave
3. Burial in absence of next of kin
a. Unauthorized embalming
b. Right of possession implies receiving body in its condition
at time of death
c. Unauthorized removal of mustache, beard, etc.
d. Performing procedures other than those required for normal
embalming
5. Unauthorized photographs
6. Error in final disposition
7. Liens and attachments, replevin, and insurance
8. Other torts involving the funeral director
a. Liability in relation to the funeral director
(1). Restrictions on the funeral procession
(a). Not and agent of funeral director
(b). Funeral director has no control
(c). Funeral director usually has no liability
(a). Funeral director has control
(b). Funeral director has liability
b. Premises liability in relationship to the funeral
establishment
d. Bailee-bailor relationship
(1). Essential conditions
L. Liability for funeral expenses
5. Common law may determine who has primary liability
b. Parents for minor/dependent children
M. The funeral establishment
a. Under zoning ordinances
b. Under no zoning ordinances
3. Planning a funeral home
3. Reasonable rules and regulations
b. Right to inter subject to cemetery rules
II. Probate Law
b. Must be signed by testator
c. Must be witnessed by two or more
2. Special kinds of wills
4. Distribution under the will
d. Spouse's election to take action against the will
1. Order of intestate succession
2. Methods of distribution
C. Administration of the estate
1. Appointment of personal representative
2. Differences between executor and administrator
a. According to the state statues, funeral expenses are a
preferred claim
(2). Real estate mortgage
5. Tests for reasonableness of funeral bill
a. Cost of funeral in relation to total estate
b. Social stature of decedent/station in life
c. Funeral director's knowledge of decedent's financial
condition
d. Local or ethnic customs
6. Allowable cost items of a funeral
a. Including but not limited to
(2). Professional services
(9). Flowers (10) Death notice (11) Vault
b. Items may be deemed necessary as determined by
(3). Fraternal requirements
III. State Statutes, Regulations, and Rules
A. Limitations as prescribed by the state
1. Removal of remains without authority
2. Embalming without authority
3. Conducting a funeral without authority
4. Disposition of remains without authority
5. Mutilation in preparation or restoration of remains
6. Duties outside the scope of one's licensure
7. Failure to surrender or dispose of remains upon request
8. Committing acts which are illegal
B. Transportation of the dead
(1). Funeral home equipment
(3). Transportation by family
3. Restrictions due to cause of death
4. Preparation for shipment
d. Enclosure other than casket
5. Transportation destinations
b. Intrastate and across county line
d. Out of the United States
6. Purpose of transportation
d. To another funeral establishment
e. For anatomical purposes
7. Fulfill laws relative to
b. State board of Funeral Service
c. Intrastate and interstate commerce
C. Requirements and specifications of the funeral home,
including the preparation room
1. Local, state, and federal standards
e. Fire and safety standards
f. Federal Trade Commission rule
3. Adequate licensed personnel
4. Access to rolling stock
5. Adequate facilities for conducting funerals
6. Display room with adequate number and selection of caskets
7. Adequately equipped preparation room
c. Walls, ceiling, and floor nonporous and easy to clean
e. Sewer and disposal facilities
f. Hot and cold running water
g. Operating table and sufficient instruments and chemicals
h. Meets sanitary codes or municipality and state
D. Qualifications for funeral director/mortician/embalmer
license
4. Moral and legal character
6. Apprenticeship/internship/residency
b. Renewal and/or reinstatement
E. Grounds for issuance, revocation, suspension, or refusal to
renew or issue licenses
a. Fraudulent certificate, license, or diploma
b. Altered license, certificate, or diploma
c. Misleading advertising
d. False statements to obtain license
e. Soliciting or employing solicitors of dead human bodies
f. Removal/embalming with permission
g. Conviction for a criminal act
h. Use of indecent or obscene language in the immediate hearing
of the family
k. Performing service outside authorized limits
l. Refusing to surrender a body when properly ordered to do so
m. Willful false statement on death certificate
a. Failure to comply with establishment requirements
b. Misleading or deceiving advertising
c. Solicitation of dead human bodies
d. Failure to provide licensed personnel
e. Willing falsification or records
F. Requirements for the conducting of funerals
1. Under licensed supervision
2. Remains conform with health codes for public/private funeral
3. Desires of family fulfilled within reasonable limits
G. Procedures for filing a complaint concerning a violation of
the licensing law
1. A written complaint should be filed with the state
board/licensing authority
2. Board conducts investigation and/or sets hearing
3. Respondent is advised of charges and time of hearing
4. Respondent may replay to charges, appear with counsel, and
subpoena witness
5. Judgment administrative action may be issued by
6. Respondent may appeal decision
H. Provisions regarding reciprocity/courtesy cards
1. Determined by individual states
2. Special arrangements may exist between or among certain
states
3. State may issue temporary permit to a licensee of another
state
4. A permanent license may be issued to a licensee of other
state if reciprocity requirements are met
a. After a probation period
b. Upon review by the board
c. Upon passing reciprocity examination
IV. Ethics
B. Distinguish between legalistic and ethical conduct
C. Theoretical perspectives
1. Levels of moral development (Lawrence Kohlberg)
a. Level 1: preconventional (premoral)
c. Level 3: postconventional, autonomous, or principled level
V. Individual/Personal Ethics
B. Conduct befitting good citizen
C. Standards of high professional service to the community
E. Best interests and welfare of profession
F. Continuing education and awareness
G. Own family relationships
VI. Ethics in Funeral Directing
A. Client-family practices
1. Confidential responsibility
5. Financial circumstances
6. Knowledgeable and factual representation
7. Serving all professionally
8. Custody and/or trusteeship of property
9. Consideration of religious and ethnic customs
B. Community relationships
2. Allied (related) professions and services
b. Influence of family choice
4. Governmental and public agencies
b. Filing forms on behalf of family or profession
c. Memorials (memorial gifts)
VII. Ethics in Regard to the Deceased Body
A. Confidential responsibility
B. Professional procedures
D. Entrusted care by family
E. Privacy in preparation
F. Care and concern for the dignity of the deceased body
G. Thoroughness of preparation of the deceased
VIII. Ethics within a Funeral Service Operation
A. Laws, license, and board obligations
2. Relationship to governing boards
3. Allied professional boards
B. Employer-employee relationships
3. Environmentally safe working conditions
7. Conveyance of positive image of funeral service
8. Employee continuing education
C. Internship and apprentice relations
D. Cleanliness and maintenance of facilities
3. Oral and/or written agreements
F. Ethical procedures in cash advances
G. Relationship with unlicensed or unethical colleague
IX. Publicity and Promotion Procedures
A. Responsibility to the media
1. Misrepresentation as in warranties, testimonials, and
endorsements
3. Discredit of another funeral director
X. Ethics in Pre-Planned Funeral Service
A. Pre-planned funeral arrangements
1. Wishes, oral and written, fulfilled by funeral director
2. Records securely filed
3. Privacy of information
4. Copies for verification
5. Adherence to all state and federal laws
B. Pre-funded funeral arrangements
1. Trust, insurance, finance knowledge
2. Proper instruments completed
3. Commissions to third parties
4. Adherence to laws and rules
XI. Ethics in Funeral Service at Time of Death
A. Proper counseling techniques
B. Knowledge of community resources
C. Professional referrals
XII. Relationships among Colleagues
A. Understanding, cooperation, and unity
B. Sharing of personnel, equipment, and information
D. Relationship and colleague's employees
F. Deference to bereaved family's choice of funeral directors
XIII. Joint Funeral Director Relationships
A. Prompt and concise action
B. No unnecessary expenses
C. Representation of another funeral director or firm
XIV. Ethical Obligations to Professional Associations
E. Professional solidarity
F. Sharing of information
H. International relations
XV. Funeral Trade Commission Rules and Compliance Guidelines
13. General price list (GPL)
15. Outer burial container
17. Services of funeral director and staff
B. Unfair or deceptive acts or practices (misrepresentation)
2. Casket for direct cremation
3. Outer burial container
4. General legal and cemetery requirements
5. Preservative and protective value claims
6. Cash advance provisions
7. Conditional purchasing
1. General price list (GPL)
b. Funeral provider's firm name, address, phone no.
1. Choice in item selected disclosure statement
2. Cash advance disclosure statement
3. Non-declinable disclosure statement
f. Distribution of document
1. Professional service charge
2. Facilities and equipment charges
3. Automotive equipment charges
b. Funeral provider's firm name, address and phone no.
e. Merchandise itemization (casket)
f. Merchandise information
g. Descriptive information
7. Outer burial container price list
b. Funeral provider's name, address, and phone no.
e. Merchandise itemization
f. Descriptive information
D. Statement of funeral goods and service selected
a. Itemization of selections
b. Itemized cash advances
d. Legal, cemetery and crematory requirements
e. Telephone price discloses
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