MORT 3014 - Rules and Regulations - Exam 2 (149A) Questions and Answers

n Minnesota no person shall, without being licensed by the commissioner of health: - Answer- 1. take charge of or remove a human body from the place of death 2. prepare a dead human body for final disposition 3. arrange, direct, or supervise a funeral, memorial service, or graveside (there are exceptions to these rules) Exceptions to licensure - Answer- 1. an anatomical bequest program located within an accredited school of medicine or an accredited college of mortuary science 2. a person engaged in the performance of duties prescribed by law relating to the conditions under which unclaimed dead human bodies are held subject to anatomical study 3. authorized personnel from a licensed ambulance service in the performance of their duties 4. licensed medical personnel in the performance of their duties 5. the coroner or medical examiner in the performance of the duties of their offices Are religious groups allowed to help prepare a dead human body for final disposition? - Answer- Yes Are unlicensed persons allowed to conduct a funeral/memorial service as long as the family knows they are unlicensed and approves? - Answer- Yes Are registered clinical students/interns allowed to practice mortuary science out of the classroom? - Answer- Yes Alkaline hydrolysis - Answer- the reduction of a dead human body to essential elements through a water based dissolution process using alkaline chemicals, heat, agitation, and pressure to accelerate natural decomposition Funeral ceremony - Answer- a service or rite commemorating the deceased with the body present Memorial service - Answer- a ceremony or rite commemorating the deceased without the body present Duties of the Commissioner of Health related to funeral directors: - Answer- 1. licensure and professional conduct of funeral directors, morticians, interns, practicum students, and clinical students 2. provide copies of the requirements for licensure and permits to all applicants (online) 3. maintain a record of the name and location of all current licensees and interns Universal Precautions - Answer- universal blood and body fluid precautions recommended by the United States Public Health Service, Centers for Disease Control, to prevent transmission of blood-borne and body fluid-borne infectious diseases Funeral homes have to be inspected how often? - Answer- Every 2 years True or false? Subpoenas may be served upon any person named therein anywhere in the state by any person authorized to serve subpoenas or other processes in civil actions of the district courts - Answer- True True or false? The regulatory agency shall encourage and promote cooperation between other state and federal authorities where there is overlapping enforcement or licensing jurisdiction - Answer- True Can the regulatory agency deny, refuse to renew, revoke, or suspend any license or permit applied for or issued *without* notifying the person against whom the action is proposed to be taken *and* provide an opportunity to request a hearing under the contested case? - Answer- No (the person *must* be notified in writing and they must provide an opportunity for that person to request a hearing) True or false? Failure to request a hearing shall constitute a waiver of the right to further judicial review of the final order - Answer- True True or false? The regulatory agency *cannot* place reasonable limitations or qualifications on the right to practice mortuary science or to operate a funeral establishment or crematory - Answer- False, they can True or false? The regulatory agency may, where there is sufficient reason, restore a license or permit that has been revoked, reduce a period of suspension, or remove limitations or qualifications - Answer- True True or false? At least annually, the commissioner shall publish and make available to the public a description of all disciplinary measures or actions taken by the regulatory agencies - Answer- True True or false? A person must be at least 18 years of age to get a license to practice mortuary science - Answer- False, they must be 21 years old What is the educational requirement before becoming a licensed funeral director in Minnesota? - Answer- receive a bachelor of science degree with a major in mortuary science from an accredited college or university Examinations you need to take before getting a license to practice mortuary science, and their passing score - Answer- -National Board Examination (two parts) -The State Examination need a score of at least 75% on all exams to pass Once you pass the national and state examinations, you must complete... - Answer- a registered internship under the direct supervision of an individual currently licensed to practice mortuary science in Minnesota If you are an intern at a funeral home in a different state, can you still obtain a MN license? - Answer- Yes, if the out-of-state internship supervisor has a valid MN license What is the minimum amount of internship hours required to be completed? - Answer- 2,080 hours Within how many years must you complete 2,080 internship hours? - Answer- 3 years How many internship hours can be waived by the commissioner from satisfactory completion of a clinical in mortuary science (administered through the program at the UMN)? - Answer- 520 hours A complete application for licensure includes: - Answer- 1. a completed application form as provided by the commissioner 2. proof of age 3. an official transcript from each post high school educational institution attended 4. certification of a passing score on the National Board Examination 5. a copy of the notification of a passing score on the state licensing examination 6. a signed, dated, and notarized affidavit from the licensee who supervised the MN internship stating the date the internship began and ended and fulfilled the required amount of hours What is the period of licensure for practitioners? - Answer- All licenses to practice mortuary science issued by the commissioner shall be valid for one calendar year, beginning on January 1st and ending on December 31st *regardless of the date of issuance* True or false? Each license to practice mortuary science/own a funeral establishment/crematory/alkaline hydrolysis facility must be conspicuously displayed at all times in the holder's place of business - Answer- True True or false? A license to practice mortuary science or own a funeral establishment/crematory/alkaline hydrolysis facility is transferable and is valid for any person - Answer- False, no license is transferable and is only valid for the named individual True or false? Any change of license information (including practitioners, funeral establishments, crematories, and alkaline hydrolysis facilities) must be reported to the commissioner, on forms provided by the commissioner, no later than *30 calendar days after the change occurs* (failure to report changes is grounds for disciplinary action) - Answer- True If someone who is licensed in another state wants to receive a MN license, what must they do? - Answer- the individual seeking reciprocal licensing must: 1. attain a passing score on the MN state licensing exam 2. submit the required documentation to the commissioner 3. pay the appropriate licensing fee How often does a practitioner's license need to be renewed? - Answer- every year (expires on December 31st) What does a practitioner need to submit to the commissioner to renew their license? - Answer- a completed renewal application includes: 1. a completed renewal application form (as provided by the commissioner) 2. the appropriate renewal licensing fee Renewal applications received after the expiration date shall result in a late filing penalty (this includes practitioners, funeral establishments, crematories, and alkaline hydrolysis facilities.) When must the late filing penalty be paid? - Answer- no later than *31 calendar days after the expiration date of the license* When will a license lapse (for a practitioner, funeral establishment, crematory, or alkaline hydrolysis facility)? - Answer- when a completed renewal application and renewal fee are not received by the commissioner within *31 calendar days after the expiration date of the license* If your license is lapsed, what will the commissioner do? - Answer- issue a cease and desist order to prevent you from engaging in the practice of mortuary science in Minnesota/prevent you from operating your funeral establishment/crematory/alkaline hydrolysis facility Can the commissioner restore a lapsed license? - Answer- Yes, upon receipt and review of a completed renewal application, renewal fee, and late filing penalty, provided that the receipt is made within *one calendar year from the expiration date* of the lapsed license and the person has not violated the cease and desist order issued by the commissioner The commissioner shall require 15 continuing education (CE) hours for renewal of a license to practice mortuary science every... - Answer- 2 years how many of the 15 hours of CE must be in body preparation/care/handling, professional practices, and regulation of ethics? - Answer- 9 hours (3 CE hours per area) How does someone get granted emeritus registration? - Answer- 1. if they have completed their career in good standing with the commissioner 2. pays a onetime fee of $50 Can someone maintain, manage, or operate a funeral establishment/crematory/alkaline hydrolysis facility without a valid license to operate them? - Answer- No A funeral establishment must: - Answer- 1. contain a preparation and embalming room 2. contain office space for making arrangements 3. comply with applicable local and state building codes, zoning laws, and ordinances An applicant for a license to operate a funeral establishment/crematory shall submit to the commissioner a completed application, which includes: - Answer- 1. a completed application form (as provided by the commissioner) 2. proof of business form and ownership 3. proof of liability insurance coverage What is the period of licensure of a funeral establishment/crematory/alkaline hydrolysis facility? - Answer- one calendar year beginning on July 1st and ending on June 30th *regardless of the date of issuance* Any change of license information (for a funeral establishment/crematory/alkaline hydrolysis facility) must be reported to the commissioner no later than... - Answer- 30 calendar days after the change occurs (failure to report changes is grounds for disciplinary action) Licensees who wish to renew their license to operate a funeral establishment/crematory/alkaline hydrolysis facility must submit a completed renewal application which includes: - Answer- 1. a completed renewal application form (as provided by the commissioner) 2. proof of liability insurance coverage A licensed crematory must consist of: - Answer- 1. a building that complies with applicable local and state building codes, zoning laws and ordinances, and environmental standards, containing one or more cremation chambers or retorts for the cremation of dead bodies 2. a motorized mechanical device for grinding, crushing, or pulverizing the cremated remains to a granulated appearance appropriate for final disposition 3. an appropriate holding facility for dead human bodies awaiting cremation A licensed alkaline hydrolysis facility must consist of: - Answer- 1. a building that complies with applicable local and state building codes, zoning laws and ordinances, and waste water management and environmental standards, containing one or more alkaline hydrolysis vessels for the alkaline hydrolysis of dead human bodies 2. a method approved by the commissioner of health to dry the hydrolyzed remains and which is located within the licensed facility 3. a means approved by the commissioner of health for refrigeration of dead human bodies awaiting alkaline hydrolysis 4. an appropriate means of processing hydrolyzed remains to a granulated appearance appropriate for final disposition 5. an appropriate holding facility for dead human bodies awaiting alkaline hydrolysis An application to license and operate an alkaline hydrolysis facility shall be submitted to the commissioner of health. A completed application includes: - Answer- 1. a completed application form (as provided by the commissioner) 2. proof of business form and ownership 3. proof of liability insurance coverage 4. copies of wastewater and other environmental regulatory permits and environmental regulatory licenses necessary to conduct operations What is the fee for the initial and renewal registration of a mortuary science intern? - Answer- $75 What is the fee for the mortuary science examination? - Answer- $125 What is the fee for the issuance of initial and renewal of mortuary science licenses? - Answer- $200 What is the late fee charge for a license renewal of a practitioner, funeral establishment, crematory, or alkaline hydrolysis facility? - Answer- $100 What is the fee for issuing a mortuary science license by endorsement (coming from another state to get an MN license)? - Answer- $250 What is the initial and renewal fee for funeral establishments/crematories/alkaline hydrolysis facilities? - Answer- $425 Only a person holding a valid license to practice mortuary science issued by the commissioner may use the titles... - Answer- mortician or funeral director (or any other title implying that the licensee is engaged in the business or practice of mortuary science) A funeral establishment, alkaline hydrolysis facility, or crematory shall not do business... - Answer- in a location that is not licensed by the commissioner (and shall not advertise a service that is available from an unlicensed location) False, misleading, or deceptive advertising includes, but is not limited to: - Answer- 1. identifying persons who are not licensed to practice mortuary science in a way that leads the public to believe that those persons will provide mortuary science services 2. using any name other than the names under which the funeral establishment/alkaline hydrolysis faciltiy/crematory is known to or licensed by the commissioner 3. using a surname not directly, actively, or presently associated with a licensed funeral establishment/alkaline hydrolysis facility/crematory, unless the surname had been previously and continuously used 4. using a founding or establishing date or total years of service not directly or continuously related to a name under which the funeral establishment/alkaline hydrolysis/crematory is currently or was previously licensed Can a licensee pay any sum of money or other valuable consideration for the securing of business or for obtaining the authority to dispose of any dead human body? - Answer- No No funeral provider or whole body donation program may directly or indirectly: - Answer- 1. call upon an individual at a grave site, in a hospital, nursing home, hospice, or similar institution, or at a visitation, wake, or reviewal for the purpose of soliciting the sale of funeral goods, funeral services, burial site goods, or burial site services or for the purpose of making arrangements for a funeral or the final disposition of a dead human body, without a specific request for solicitation from that individual 2. solicit the sale of funeral goods, funeral services, burial site goods, or burial site services from an individual whose impending death is readily apparent, without a specific request for solicitation from that individual 3. engage in solicitation of an individual who has the right to control the final disposition of a dead human body within ten days after the death of the individual whose body is being disposed, without a specific request for solicitation from that individual Harassing, abusing, or intimidating a customer, employee, or any other person encountered while within the scope of practice, employment, or business is... - Answer- unprofessional conduct and is not permitted Use profane, indecent, or obscene language is... - Answer- not permitted within the immediate hearing of the family or relatives of the deceased Failure to treat with dignity and respect the body of the deceased, any member of the family or relatives of the deceased, any employee, or any other person encountered while within the scope of practice, employment, or business is... - Answer- unprofessional conduct and is not permitted Is the habitual overindulgence in the use of or dependence on intoxicating liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering substances that substantially impair a person's work-related judgment or performance permitted?` - Answer- No, that would be unprofessional conduct Revealing personally identifiable facts, data, or information about a decedent, customer, member of the decedent's family, or employee acquired in the practice or business without the prior consent of the individual (except as authorized by law) is... - Answer- unprofessional conduct and is not permitted Intentionally misleading or deceiving any customer in the sale of any goods or services provided by the licensee is... - Answer- unprofessional conduct and is not permitted If you knowingly making a false statement in the procuring, preparation, or filing of any required permit or document, you are engaging in... - Answer- unprofessional conduct that is not permitted Knowingly making a false statement on a record of death is... - Answer- unprofessional conduct and is not permitted All price lists, business literature, stationary, websites, correspondence, and contracts must clearly state... - Answer- the name of the funeral establishment and its owner If there is a change in ownership of a funeral establishment/provider, the new owners have how to notify all preneed consumers within how many days? - Answer- 15 days After a change in ownership, the mailed notification shall advise the _______ consumers of their right to transfer all _______ trust funds to a new funeral provider and shall advise all _______ trusts of their right to terminate the trust and receive a refund of all principal paid into the trust, plus interest accrued - Answer- preneed "change in ownership" means: - Answer- 1. the sale or transfer of 50 percent or more of the controlling interest or assets of a funeral establishment/provider 2. the sale or transfer of a controlling interest of a funeral establishment/provider 3. the termination of the business of a funeral establishment/provider where there is no transfer of assets or stock True or false? A funeral provider is allowed to inter a lined and sealed outer burial container before the death of the beneficiary - Answer- False, they cannot inter a lined and sealed outer burial container until the death of the beneficiary True or false? Retention of documents is 3+7= 10 years - Answer- True True or false? After 10 years, records may be destroyed by shredding, incineration, or any other manner that protects the privacy of the individuals identified in the records - Answer- True, but this is not required The duty of final disposition of the dead human body is as follows: - Answer- 1. the person appointed in a dated written instrument signed by the decedent 2. the spouse of the decedent 3. the adult child/the majority of the adult children of the decedent 4. the surviving parent(s) of the decedent (having equal authority) 5. the adult sibling or the majority of the adult siblings of the decedent 6. the adult grandchild or the majority of the adult grandchildren of the decedent 7. the grandparent or the grandparent