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Unit6PP.pptxUnit 6
State Statutes, Rules
State Statutes, Rules, and Regulation
Vary from State to State
Funeral Director/Embalmer Shall Not
Exceed Limitations as Prescribed by the State, Including:
Removal of remains without authority
Embalming without authority
Conducting a funeral without authority
Disposition of remains without authority
Funeral Director/Embalmer Shall Not
Exceed Limitations as Prescribed by the State, Including:
Mutilation in Preparation or Restoration of Remains
Hold Himself/Herself out to perform duties outside the scope of his/her licensure
Failure to Surrender or Dispose of Remains Upon Request
Funeral Director/Embalmer Shall Not
Exceed Limitations as Prescribed by the State, Including:
Committing Acts Which are Illegal
Pre-Need Requirements
Perform any other acts which fall under auspices of applicable licensing laws
Transportation of the Dead
Secure Proper Permits
Methods of Shipment
Common Carrier- any carrier required by las to convey passengers or freight without refusal if the approved fare or charge is paid (e.g., airline, train, etc.).
Contract Carrier- provides transportation for compensation only to those with whom it desires to do business with. E.g., livery service).
Private Carrier- those who transport only in particular instances and only for those they choose to contract with (e.g., funeral home vehicles and livery).
Transportation of the Dead
Funeral Home Equipment
Transportation by Family
Transportation of the Dead
Restriction Due to Cause of Death
Preparation for Shipment
Un-Embalmed Remains
Embalmed Remains
Casket Remains
Cremated Remains
Forwarding and Receiving Remains
Local
Intrastate and across county line
Within a state
Interstate
between two or more states
International
Purpose of Transportation
For Embalming or Cremation
For Final Disposition
To Another Funeral Establishment
For Anatomical Purposes
Fulfill Laws/Requirements Relative to
Departments of Health
State Boards
Intrastate and Interstate Commerce
Transportation Security Administration (TSA)
Qualification for License…
Age
Citizenship
Residency
Moral and Legal Character
Formal Education
High School or Equivalency
College
American Board of Funeral Service Education (ABFSE) accredited program
Qualification for License…
Apprenticeship/Internship/Residency
Board Examinations
State
National
Practical
Oral
Qualification for License…
Original
Renewal and/or Reinstatement
Continuing Education
Grounds for Revocation, Suspension, or Refusal to Renew or Issue Licenses
Individual
Fraudulent certificate, license, or diploma
Altered license, certificate, or diploma
Misleading advertising
False statements to obtain license
Soliciting or employing solicitors of death human bodies
Removal/Embalming without permission
Conviction of a criminal act involving felony/moral turpitude
Grounds for Revocation, Suspension, or Refusal to Renew or Issue Licenses
Individual
Use of indecent or obscene language in the immediate hearing of the family
Unfit by reason of substance abuse
Unfit due to a state of insanity
Performing service outside authorized limits
Refusing to surrender a body when properly ordered to do so
Willful false statements on death certificate
Untrustworthiness in Financial Dealings
Failure to fulfill continuing education requirements
Grounds for Revocation, Suspension, or Refusal to Renew or Issue Licenses
Establishment
Failure to comply with state funeral establishment requirements
Misleading or deceiving advertising
Solicitation of dead human bodies
Failure to provide licensed personnel
Willingly falsify records
Vital Statistics
Death Certificate
Fetal Death Certificate
Burial/Transit/Cremation/Disinterment Permits
Regulatory Agency Procedures
A written complaint from a consumer or practitioner should be filed with the state board/licensing authority
Board conducts investigation and/or sets hearing
Respondent is advised of charges and time of hearing
Respondent may reply to charges, appear with counsel and subpoena witnesses
Judgment/administrative action may be issued by:
State board
Court action
Respondent may appeal decision
Reciprocity, Endorsement and Courtesy Cards
Determined by individual states
Special arrangements may exist between or among certain states
State may issue temporary permit to a licensee of another state
License may be issued to a licensee of another state if appropriate requirements are met
After a probation period
Upon review by the licensing agency board
Upon successful completion of examination(s)
