missouri laws
how long is an apprenticeship in embalming
30 hours per week for 12 months
embalmer school must be accredited by
the american board of funeral service examiners
how many bodies does a embalmer have to embalm during appretenship
25
embalmer supervisors
must be present during first 6 months. must be present during the start of embalming and within one hour of travel during second 6 montha
how long is a funeral director apprerentship
12 months. 15 hours per week. a mininum of 10 funerals (arranged and conducted)
funeral home director exam
within 24 houra of filing application
funeral director and embalmer license renewal
renewed bi annually prior to june 1st-expires on may 31st.
grace period for funeral director and embalmer license
no grace period (use to be 90 days). can be reinstated up to 2 years but no license during
when does a funeral director notify board of address change or hiring/termination of employement
30 days
if a funeral director moves district, when do you notify board?
10 days
when can the board file a complait surh the AHC- administrative hearing commission?
impairment of drugs/alcholi
a GUILTY finding (funeral directing offence, fraud, controlled substance)
being adjusged insane or incompetent
violation of professsional trust or confidence
false or misleading advertisment
pre signing a death certificate
failure elto execute or sign a death certificate
refusing to surrender a body upon the next of kin
how long does the boatf have to initiate action upon the complaint?
3 years from the date they recieve notice
can the public file a complaint with the board?
yes- they file a complaint with the board and the board can elevate to the AHC
if the AHC find cause for discipline, what are the options?
censure(reprimand)
probation (can not exeed 5 years)
suspend license (up to 3 years)
revoke license
who is on the state board?
6 members- 5 licensed and one public member- can serve for 5 years
qualifications for board? how often do they meet?
has been practicing for 5 years
no more than 3 members of one political party
public member can not have any envolement in funeral industry
have at least 2 meetings a year
can be reinburseed up to $50 a day
what is the violation of chapter 333
class A misdemnor
when can a board get injunction from a court?
when a person is unlicensed or practising unregistered
when the licensed indivudal is a danger to the public
what is required on any advertisment?
the bare minimum is the name of funeral home (board regulated)
what is the written statement of charges on merchansing practises?
the person making funeral arrangements must be giving a written statement showing prices of services, merchandise, and cash advances selected and how the charges will be paid.
who signs this? the purchaser and the funeral home.
when do they sign? after the arrangements are completed but before the services/merchandise are provided
when is sales tax calculated?
on merchandise (stuff)- caskets
no sales tax is charged on outer burial vaults
what is a cash advance and what can you charge?
a cash advance is stuff funeral hoem is not providing (flowers brought in, your priest, etc) can not charge any type of mark up. the price should be the exact same as charged
where should merchandise prices be displayed?
all merchandise displayed in funeral home must have the price clearly marked
rules of a funeral establishment
must be licensed
no dead body can be removed from the state unless under the direction of a licensed faciltity (however, a family can bury without a funeral director buy is prob violatinf a bunch of things)
must have a licensed funeral director
funeral dirctor must be listed in application
all embaling must be done by a licensed embalmer
sanitary and comply with local HD
must follow state, county, coty zoning
have a log book
what should be listed in a funeral establishment log book
the name of each body that has been in a the establishment
the date the body arrived at the establishment
the place of the embalming ( if known)
if the embalming was at the establishment- date and time, name, signature, and license number of the emablamer
when will the board grant or deny a funeral establishment application? when will the board inspect?
30 days for both :)
funeral home establishment license renewal?
every other year- must renew license by january 1st- licenze expires on decemer 31st- remember new years eve
where can a funeral be conducted?
from a licensed funeral establishment (real funeral home)
licensed director owning or employed by a licensed establishment may conduct a funeral in another licensed establishement
what is function A in the type of establishement licensed (5 total)
function A is embalming only- no services or meetings
what is function B in the type of establishement licensed (5 total)
function B is cremation only- no meetings or services
what is function C in the type of establishement licensed (5 total)
function C is for the care and preparation other than emalming and cremation
what is function D in the type of establishement licensed (5 total)
function D is for visitation and ceremonies only.
what is function E in the type of establishement licensed (5 total)
function E is for arrangements only. no bodies shoud ever be here
what functions create a full service funeral home?
functions A and C (embalming and care and preparation)
funeral establishement must indictate what licenses/functions will be used for.
may reduce functions easily
can not increase without applying again (do not want go do this)
what should be included on funeral establishment application?
functions
name ownership and location
when do you have to notify board of change of ownership?
30 days BUT
if you lose an owner- this does not require a new license but must file amended
a new owner = new license
if a corporatuon owns the establishment, you do not have to get a new license if stockholders change
when to notify board if establishment wants go close?
60 days
what is the concrete rule?
must have a seperate licences if operating in seperatw buildings unless buildings are connected by walkways, etc
if a building is destroyed, you can operate in an unlicensed facility ror how long?
6 months
what must a facility with embalming have?
at the bare minimum-
restroom
basic office and/or funeral equipment
must comply with state, county, and city zoning
what must the preparation room at a embalming facility include?
the floors, walls, and ceilings muat ve easiliy cleaned. the floor muat contain a drain
the sewage/water must be disposed of in oublic system complying with health department rules
must have one of three apirators for prep room use (electric aspiratirs, water operated, water controlled)
solid waste disposal ( stored in leak proof containers)
disposal of body parts (3 feet deep)
exhaust system
eye wash kit
sterizing instrments and storage
blocks must be non absorbent material
how high does a aspirator have to be?
12 inches above thecmaximum height of embalming table to prevent back siphoning
what should happen fo an embalming table when not in use?
must be cleaned, santised, and covered with a sheet
rules about hand washing sink in embalming room?
must be seperate from slop sink
must be within 10 feet of prep room
not accessible to public
who can grant permission to embalm?
person may pre-authorize
next of kin may pre-authorize
it must be in writing and can be inclused in pre need
there is currently no requirement to embalm and you MUST optain permission
who is considered a next of kin?
1- the surviving spouse (unless divorce action is pending)
2- any surviving child
3- surviving parent
4-surviving sibling
5-the nearest surviving relative
6- whoever is paying!
7- the coroner as long as they are not financially responsivle
how long until noone claims the body can you embalm?
6 hours of trying to locate. you can embalm as long as you do not charge the family if they show up later and didnt want it
you cannot hold an unembalned body for more than ( how many hours) unless refridgerated or in ab air type container
24 hours but this does not stop the body! it just slows it down- can not wheel it out for a visitatio.
what is the required record keeping for embalming
in person| name and signature of pwrson authorizing embalming
relationship of that person deceased
time and date of authorizinf given
name ans totle of person taking authorization
if verbal|
name of person actually authorizating if different then person communicaying
name of person communicating authorizing
relationship to person deceased
time and date authorization given
name and title of person takinc authorization
what is the name of remains
cremated remains
when should you not cremate?
if you do not know why the person died- which is confirmed by death certificate
what is a cremation container?
a case in which the body is delivered to the cremation area. this goes into the chamber. should not be see through. has fo be leak proof
what is a cremation box?
container in which cremated remains are played for transportion/short term storage (leas than 30 days). should be of rogid material and sealed
what is an urn?
the final box after cremation box- not for short term- longer than 30 days. should be durable
difference between cremation box and urn?
cremation box should be rigid
urn should be durable
what are the record keeping requirements for cremation?
written authorization for cremation (this is from the state- different from permission from family (permission to cremate)
records- name, place of birth, place of death, last residence, date and place of funeral, funeral director, name of person making arrangements and name of person who will be recieving remains
premission to cremate (what families sign)
-either by preauthorization of next of kin
how long until no one claims that you dan cremate?
10 days to locate a person but you do need a written statement from city, county, or state law enforcement
facts about cremation
the chamber must be built to withstand high temps
no one is allowed in exact family
cannot cremate with a pacecmaker
have to wait until death certifcate is filed
only body at a time
should clean inbetween each creamtion but no guarantee
what should be marked on cremation box/urn
name of deceased
name of funeral home
must have body tag
how do you mail remains?
must be a box within a box
carboard
priority mail
when does the next of kin always wins stop?
at the physical act of cremation
who gets the remains?
whoever pays and signs the cremation contract. for example adult kids pay to help mom, the kids would get them (next of kin always wins stops here)
if a funeral home cremates a body, it may dispose of the remains by-
following the terms of the cremation contract.
delivering the remains to another funeral homd as directed
delivering the remains to or as directed by the person contracted for the cremation
what happens if no one picks up the remains?
after written noice of 90 days of last known address, can scatter, bury etc in a place dedocated to human burials as long as you are following local laws
difference between guanteed and non guaranteed contract?
quaranteed contract is where the seller promises that costs will not be greayer than told
who signs the preneed contract?
purchaser, provider, preneed agent, seller
who is the purchaser in a pre need contract?
the person sho is obligated to make payments under a pre need contarct (not always bene)
how often does preneed stuff (436 land) need to be renewed?
every year on 10/31
who is a provider in a preneed contract?
is the entity obligated to provide the funeral goods or services (not always funeral home) renew- 10/31
who gives the certificate of performance and when?
the seller gives the provider certificate of performance within 60 days.
true or false- if the seller fails fo make a timely payment-the provider can make demand on trustee to all amounts which the seller would be entitled under the contract
true
what is a seller?
the seller is the entity who is obligated to collect and properly deposit and disburse all payments made on behalf of a preneed contract- renew 10/31
when is the seller annual report due? and how often
annual report and due on 10/31
when should a seller deposit all payment recieved on a preneed contract in a trust funded contract?
within 60 days- 100%
after the money is deposited by seller in a trust funded contract- how can a seller take out money?
5% orgination fee (5% total amount)
addtional 10% of face value
seller is entitles to all income from trust because it belongs to seller
types of preneed contracts
insurance
trust funded
joint account funded
when do funds from a trust funded contract need to be desposited?
10 days
when should a seller get money from a bank in joint account?
within 15 days of certification of performance, seller takes steps to get money from bank
once the seller get the money, they have 10 days to give to provider
all money must go in and stay in
when do funds from a insurance funded contract need to be desposited?
30 days. seller can not charge service fee
trustees facts
payments on contracts can be co mingled but have records.
must follow thd prident investor standards
what does a preneed agent not have to be?
does not have to be a funeral director
when does a preneed agent need to be renewed?
annually- November 30th
anything with cancellation
15 days
bank must pay pay within 15 days of receipt of notice (joint account)
insurance- notify within 15 days that cancellation of preneed does not cancel insurance
trustee has 15 days to pay
a seller has the right to cancel a trust funded or joint account if in default for 60 days
cancellation of seller
when can a purchaser ask for accounting!"?
30 days from written notice
when shoukd the provider authorize seller with the board?
15 days
seller to pay provider trust
60 days after recieving certificate of trust
when should seller desposif trust money
60 days
when should a seller deposit joint account money
10 days
when should a seller take steps to get money on joint account from bank
15 days after certificate of performance
when should a seller pay the provider on a joint account!
10 days
when should the money be given to the insurance company?
30 days
when should the seller notify the boatf of asset sale
60 days
when should a death certificate be filed?
5 days
what is it called when a death certifcate takes longer than 5 days?
delayed
what should be included on a death certificate?
personal data
medical certification
(main doctor, cmo, assustant, NP)
if natural causes- the last doctor
if nof natural causes- coroner within 72 hours
how much is a death certificate?
$14 for the first, $11 for second every time
who gets a free death certi?
public assistance
what should be included on a body tag?
name
date of birth
date of death
social security
what does not have to be included on a body tag
cause of death
how long do records have to be maintained
5 years
what must you do to transfer a body outside or cemetary
file notice with coroner or medical examiner
when do you not need a license?
to transport a body
when can an embalmer nucleate eyes?
when they complete a course theougg the department of ophthalmonogy and get certified
when do you give out a general price list?
the beggining of discussions on either prices, type or services
basic info on price list
title- general price list
name of funeral home
address
telephone
date
if the exam says " "
a violation of FTC rule is subject to a fine up to
2023- 50,120
2022- no increase
2021 46,517
2020-43,280
when enforced the ADA
the justice department
osha training is when?
every year and includes anything that covers blood and bodily fluids
formaldehyde standards
exposure limits-
.75 parts per million for 8 hours
2 parts per million for 2 hours
what is the penalty for preneed 436
class D felony up to 10,000
what is the felony for 193
false statements, copying a death certificate- class E felong up to 10,000
refusal to provide, neglet- class a felony $10,000
when should a funeral director renew license
every even year/ may 31st/ expires june 1sr
when should an embalmer renew license
every even year/ may 31st/ expires june 1sr
when should a funeral establishment renew?
license expires on December 31st of odd year
when should a preneed provider ane preneee seller renew?
on or before oct 31st- shall also submit an annual report at this time
when should a preneed agenct renew?
every yeara on of before november 30th
does the next of kin need to be inclused on cremation box!
no
for joint account- why cant you invest in term life?
you can only invest in places to gain income or increase in value