Texas Funeral Law Exam Fri 5-7 Already Passed

Texas Funeral Law Exam Fri 5-7 Already Passed Commissioner is: registered cemetery owner and operator Commissioners are: licensed funeral director and embalmers who have been practicing for a minimum of 5 years. 4 commissioners are: 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 probablility of contact with a family member. A deceased person may not be cremated: within 48 hours of death without a specific waiver from the court. 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, lecturn, adaquate room for a casket. Commission has 2 functions - first function: ensure competent well qualified professionals are licensed to serve the public. Commssions second function is: ensure that violations of law and regulations are aggressively and fairly prosecuted. Commissioners are appointed by Governor of the State of Texas. Commissioners term is for 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 & 16 mandatory 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 not required by Texas state law 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. First call: 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. Funeral directing: acts of any person assocated with or arranging for the disposition of human remains for compensation. Funeral director: 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 and embalmer must be: 18 years of age, high school or equlvalent, 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 assocated 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 preperation 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 disclosure. Must contain the effective date of prices and a list of all the retail prices, items and services provided by the FE. GPL / Retail Price List a list of retail prices & services provided by FE must be presented before viewing and selecting merchandise. How many provisional licensees receive credit for working on a body? two Least expensive casket must be displayed in the same manner as the the other caskets. 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. Mortuary Science 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 ad restorative arts. Must have a burial transit permit of: body or fetus is to be removed from state, transported by common carrier with state or cremated. Number of case to compete for provisional license is: 60 FDIC Can be an FDIC of more than 1 FE if 1. Operated as as a branch or satellite of primary facility 2. Under the same management and ownership 3. No more than 50 miles from primary facility Embalming 1. is NOT required by state law 2. must be approved to embalm 3. if approval is oral, must maintain name of person authorizing, embalming, relationship to deceased, and time permission received 4. If approval is not available, must exercise due dilligence / documentation of efforts over a 3 hour period to contact an authorized person; 5. 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 1. 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 Inernment, internment, 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 requst? GPL or Retail Price List A fetal death certificate shall be filed with the local registrar within __ days after the date of death or stillbirth. five The Report of Death form shall be mailed or transmitted to the appropriate local registrar within __ hours of assuming custody of a body for disposition Twenty-four / 24 An individual with a prior criminal conviction must request a hearing with TFSC ___ to attending mortuary school PRIOR Effective in the year 2003, all licensees in TX must complete a minimum of __ hours of approved CEU's each 2 year renewal period. 16 hours Can CEU's be carried over to the next licensing period? Yes - you can carry over 10 hours earned in excess of the required excluding the mandatory 6 hours. Baby draws 1 breath on earth - required a regular death certificate. There are __ public members on the TFSC. Four - 4. The dimensions of the prep room shall be of sufficient size to accommodate: * a sink with water connections. * Instrument table, cabinet, or shelves. * An operating table. Provisional licenses need to be renewed, if necessary, every __ year(s) and embalming and funeral directing license need to be renewed every __ year(s). One -1; Two - 2. Personal supervision is defined by the TFSC Rules and Regulations as: *Physically present at the specificed place and time a funeral service is provided.* A commercial embalming establishment must meet the following requirements: * sufficient licensed personnel * Prep room with an operating table, sewer facilities, and hot and cold running water * meet all the fire and safety codes of the municipality in which it is located TFSC FE Requirements * must have a FDIC * least expensive casket must be full size & displayed as other full size caskets * must have access to at least one motor casket coach * Establishment does not have to be owned by a licensed funeral director or embalmer * Cannot be located on a tax-exempt cemetery property A licensee may not sponsor more than __ provisional licensees at one time Two According to state law, the body of a deceased person shall not be cremated within __ hours of the indicated time of death unless death was caused by specified diseased or was waived properly Forty-eight - 48. Any direct or indirect contact between a licensee, provisional licensee, or other agent of a licensed funeral home, with a person near death or their family in an attempt to influence their decision on a funeral service provider is considered ___ and against the law. Solicition. A person may not act as a funeral director in providing funeral services for compensation, directly or indirectly, unless: S/he is acting as a licensed employee of a licensed funeral establishment. Texas law requires that client files be retained in a funeral establishment for a minimum of ___. Two years. The TFCS may initiate action against a funeral establishment for: 1. not having facilities in which funeral services may be conducted 2. a facility that does not meet the local municipality building standards, and fire safety standards 3. not display the minimum of 5 adult caskets 4. does not have access to at least one motor hearse. Prep room requirements: * table must be rust proof; a drain opening at the lower end of the table & a 3/4" raised edge * hot and cold running water * Faucet with an aspirator * Exhaust fan that provides 5 room air exchanges per hour TFSC penalties range from $100 to $5,000 Medical examiner must be notified of a death when: a person dies form unnatural causes, unattended daeth, dies in an ER, is under six years of age, or causes of death is unknown. Lawn Crypt Installation Requirements: * must be constructed of durable material such as concrete and reinforced steel * section of cemetery must be designated for lawn crypt internment * must be installed on a *minimum of six inches of rock, gravel or other drainage material* * *must be a minimum of 18" inches or 1.5 feet below the surface of installation* * Lawn crypt provides a method to drain water not of crypt An unlicensed person can tranport a dead human body without supervision of a licensed FD or embalmer whe: 1. transporting to a cemetery 2. transporting from one FH to another 3. transporting to a common carrier for shipping 4. transporting from a hospital/NH if there is not reason to believe there are immediate family members present. Embalming - Misrepresentation it is a crime to fail to disclose that embalming is not required by law excelpt in certain special cases. Provisional licenses must be served in consecutive months. It is the responsiblity of the provisional license holder to notify TFSC of any changes that occur. A provisional license holder must file at least one case report per month or a "notwithstanding" report. Retail Price List / GPL Must include: 1. Forwarding or remains to another FH -with a list of service provided 2. Receiving remains from another FH - with a list of service provided 3. Price range for a direct cremation Direct cremation including an alternative container. Cemetery - duty to inter: What is the general rule of decent for Texas? 1. Decendent 2. Surviving Spouse 3. Surviving Children 4. Surviving Parents 5. Surviving Siblings 6. Next of Kin (Adult) 7. Agent named - Durable POA Records of Interment Must have the: 1. date remains received 2. date the remains interred 3. name & age of the person interred 4. identity of the plot the remains are interred Desecration of Cemetery Damages property such as headstones, fences, curbs, etc. Offense: *Class C Misdemeanor* Desecration of Cemetery 1. A person commits an offense if s/he destroys or damages the remains, removes any portion of the remains, obliterates, vandalizes or desecrates a plot or other repository or remains. *Offense: Third (3rd) degree Felony* Depth of Graves *Body of decedent may not be buried in a manner so that the outside top surface of the container of the body is: *-less than two feet below the surface if the container is not made of an impermeable material* *-less than 1.5 feet below the surface if the container is made of an impermeable material* This does not apply to sealed surface reinforced concrete burial vaults. Disposition of Bodies A dead body or fetus being removed from this State - the funeral director must obtain: 1. Burial transit permit 2. From the local registrar 3. Of the district where death occured 4. Or where the body was found Preservation of Dead Bodies No human body may be held in any place or be in transit for more than 24 hours after death pending final dispostion unless maintained at a temperature of *34 degrees - 40 degrees F* or Embalmed by a licensed embalmer or encased in a sealed container preventing seepage or escape of offensive odors. Disinterment Removals from a cemetery requires: 1. written order of the state registrar 2. FD with the issued disinterment permit shall be responsible for disinterment. (disinterment and reinterment in same cemetery - no permit required).