NC Laws & Rules Exam 2023 with complete solutions

How many members are on the state board? - Answer- nine How many board members are licensed? - Answer- seven How are the licensed board members chosen? - Answer- four are appointed by the governor from nominees recommended by the NCFDA; two are appointed by the governor from nominees recommended by the FD & MA of NC; one is appointed by the governor who is not affiliated with any funeral service trade association how are the unlicensed board members chosen? - Answer- one is appointed by the general assembly upon the recommendation of the president pro tempore of the senate and another is appointed by the general assembly upon the recommendation of the speaker of the house of representatives. they cannot be licensed or work for someone licensed. are board positions paid? - Answer- no, except for reimbursement for necessary travel and other expenses are there any public members on the board? if so, how many - Answer- yes, three how long are the terms of board positions? - Answer- three year staggered terms how many consecutive terms can a board member serve? - Answer- two how often does the state board have meetings? - Answer- there must be at least four meetings every year but more can be held as the board members see fit what entities does the board control? - Answer- funeral homes, pre-need, crematories, and cemeteries does the board control casket stores? - Answer- casket stores are not technically funeral providers so they are not governed by the board every place or premises devoted to or used in the care, arrangement, and preparation for the funeral and final disposition of dead human bodies and maintained for the convenience of the public in connection with dead human bodies or as the place for carrying on the practice of funeral service - Answer- funeral establishment if I own a funeral home in a larger town, but I want to keep my market share in a nearby town (20 miles away), must I have a funeral home there or can I locate just a funeral chapel there? - Answer- any funeral home with a valid permit can operate a maximum of two chapels within a 50 mile radius what are the state requirements regarding the manager of a funeral establishment? - Answer- funeral providers must name a manager who possesses a funeral service license. This must be the person who oversees the daily operations. are there any rules or regulations that control how a funeral home can/must be named? - Answer- yes, chapels cannot include the word "funeral" anywhere in its name or on its signage or building does the state have an inspector to inspect funeral homes? - Answer- yes; inspectors can enter any establishment where funeral services are provided and look through any files pertaining to said funeral service what type of professional license must the inspector of the state board have? - Answer- they must possess a funeral service license Describe the actions that can lead to losing a license or prevent a person from obtaining a license - Answer- -any person/entity who has been convicted of a sexual offense against a minor (including convictions of attempt, solicitation, or conspiracy to commit a sexual offense against a minor and convictions of aiding and abetting any of these crimes; this also includes any conviction for any of these crimes in another state which would be convicted similarly if they had occurred in NC) -any person/entity who had their license revoked, suspended, or was placed on probation in another state due to a felony conviction other than those described above -any person/entity who had their license revoked, suspended, or was placed on probation because of conduct related to fitness to practice What are the requirements to be an apprentice in the state? - Answer- paperwork that states the applicant is at least 18 years old, of good moral character, a high school graduate or the equivalent, and containing the license number of the licensee they will be training under how long does an apprenticeship last? - Answer- twelve months and 2000 hours of work how long must a person have their license before they can oversee an apprentice? - Answer- five years how many resident trainees can each funeral home have? what is the number based on? - Answer- one apprentice per 100 calls in a calendar year what are the requirements to be a licensed funeral director in NC (a license specifically for funeral directing)? - Answer- the individual must -be at least 18 years old -be of good moral character -possess a mortuary science degree or be a graduate from a funeral director program -have completed a 12 month apprenticeship as a funeral director within the previous three years -have obtained passing scores on the following exams --arts (entry-level) exam --state laws exam --pathology exam -have paid all applicable fees what are the requirements to be a licensed embalmer in NC (a license specifically for embalming)? - Answer- the individual must -be at least 18 years old -be of good moral character -possess a mortuary science degree or be a graduate from a mortuary science program -have completed a 12 month apprenticeship as an embalmer within the previous three years -have received a passing score within the previous three years on the following subjects: --embalming, restorative arts, chemistry, pathology, microbiology, and anatomy --state laws exam -have paid all applicable fees when one has a professional license with the state board, when exactly does that license expire? - Answer- each license expires at the end of the given calendar year and the licensees have until february of the following year to renew what are the requirements for a licensee wishing to relocate to NC and reciprocate their license? - Answer- the individual must: -hold an active, valid license in good standing as a funeral director, embalmer, or funeral service licensee issued by a jurisdiction that will reciprocate a NC license. the license, at the time of issuance, must have had equal or greater education, training, and examination requirements -have demonstrated knowledge of the laws and rules governing the profession in NC through achieving a passing score on the laws and rules exam administered by the board -submit proof of good moral character -have practiced with their license for at least three years in another jurisdiction does NC require licensees to take continuing education classes in order to retain their license? if so, how many hours must they have each year? - Answer- five hours does NC allow continuing education hours to roll over into the next year? - Answer- five continuing education hours, in addition to the five already turned in for the current year, may be rolled over to the following year does everyone that holds a license have to take continuing education hours each year, or are there any exceptions? - Answer- the board can wave this requirement for those ill or under undue hardship, or those practicing outside of NC. Additionally, the board can exempt any person who: -was licensed on or before 12/31/2003 and has been licensed in NC for a continuous period of 25 years or more -was licensed on or after 1/1/2004 who has been licensed for a continuous period of 25 years or more and who has reached the age of 60 -at the time of renewal is a member of the General Assembly does the state require any public official, physician, or professional-type person to procure permission from the spouse or next-of-kin before releasing the remains to a funeral establishment? If so, explain - Answer- yes, the location of the removal must receive permission from the family to release to the funeral provider. If no release permission occurs, the funeral provider may not retrieve the decedent does the state have any special certification or card for mortuary school students? if so, what? - Answer- yes, they are available upon request what is the requirement for an inactive licensee to become active again? - Answer- requesting renewal and submitting five CE hours for every year they were inactive what are the requirements necessary for someone to open or start a funeral establishment in NC? - Answer- the owner(s) must fill out an application, have it notarized, and send it to the board, along with a $250 application fee. once the board has received the fee and notarized application, an inspection will take place looking for all required items on the new establishment checklist and upon satisfactory inspection, they establishment will receive their permit number how long does a preneed licensee have to deposit preneed funds in a bank account with said licensee listed as the trustee? - Answer- five days does the state allow families to take their money from a pre-need account after it has been legally deposited according to the state laws? - Answer- yes, the family can take their money from a preneed account after it has been deposited, but where the money goes depends on if the preneed contract was revocable or irrevocable. revocable contracts can be refunded fully to the family, while irrevocable contracts can only be transferred to alternative funeral providers what happens to a client family's money in a pre-need account if the funeral home goes out of business? - Answer- the client family's money invested into their preneed contract will be transferred to another preneed licensed institution in NC, can a licensed funeral director sell a pre-arranged and pre-funded funeral to a family? - Answer- not always. a special preneed license is required to sell preneed contracts. a licensed funeral director/embalmer or funeral services licensee is not automatically licensed to sell preneed contracts, nor is someone licensed to sell preneed contracts automatically a licensed funeral director/embalmer or funeral services licensee what are the legal methods of disposing of cremated remains in your state? - Answer- cremated remains are legally allowed to be disposed of in a crypt, niche, grave, or scattering garden, or scattered on uninhabited public land, in the sea, or other public waterways. They can also be disposed of in any way on private property with the consent of the property owner. define who the state board protects in their practices, laws, and everyday businss - Answer- the state board protects the health, safety, and welfare of the citizens of NC by ensuring the individuals and entities licensed are duly qualified does the state board control crematories? - Answer- yes, the state controls crematories in NC via the NC crematory authority who may own a crematory in NC? - Answer- any person who has secured a license as a crematory operator who may manage or operate a crematory in the state? - Answer- any individual can manage a crematory if they: -are a licensed funeral director or funeral service licensee who is also a licensed crematory operator/hydrolysis technician; or -obtain a crematory/hydrolysis permit as issued by the board. in order to receive this, an individual must: --be at least 18 years old --be of good moral character --be qualified as a crematory operator or hydrolysis technician are remains allowed to be cremated without an outside container? if no, define what type of container must be used. - Answer- no. every dead human body must be cremated with an outside container that complies with these standards: -composed of readily combustible materials -be able to be closed to offer complete covering of the remains -resistance to leakage or spillage -rigid enough for easy handling -provide protection for health, safety, and personal integrity of crematory personnel -be easily identifiable -the lid must contain this information --name of decedent --date of death --sex of decedent --age of decedent at date of death define pulverization - Answer- reduction of identifiable or unidentifiable bone fragments after the completion of the cremation to granulated particles by mechanical means define processing - Answer- the removal of bone fragments from the cremation chamber for the reduction in size, labeling, and packaging, and placing in an urn or initial container is there a waiting period in NC before a dead body can be cremated? if yes, what is it? - Answer- yes. 24 hours must pass after the time of death before cremation can occur what paperwork or documents must be completed before a body may be cremated? - Answer- the cremation authorization must be signed by the authorizing agent before a body may be cremated define alternative container - Answer- this refers to a container for human remains other than a casket define solicitation - Answer- any uninvited, intentional contact with an individual for the purpose of procuring the right to provide funeral services or merchandise, either immediately or at a future date when financial gain is a significant motive what happens in NC if the family doesn't pick up the cremated remains from the funeral home? what is the funeral home's legal recourse, if any? - Answer- the authorizing agent has 30 days from the date of cremation to pick up the cremated remains. if they do not pick them up within 30 days the cremated remains can be released to another family member (after the authorizing agent has been informed of this via authorized mail) or they may be legally disposed of by crematory licensee does the state require a crematory to also have refrigeration? if yes, describe it - Answer- yes, a licensed crematory facility must have refrigeration. each refrigeration unit must meet these standards: -must be capable of maintaining an interior temperature of 40deg F while loaded with the maximum number of bodies -sealed concrete, stainless steel, galvanized aluminum, or other easily cleaned flooring in walk-in units -stainless steel, aluminum, or other non-corrosive and easily cleaned materials for the remainder of the interior of all units does the state require a certain type of crematory unit? - Answer- each cremation unit must be commercially manufactured, within the crematory, made specifically for the cremation of human remains, and meet the following standards: -have an ash collection pan to minimize commingling -have a hearth or floor without depressions to minimize commingling -have a door safety switch to stop the burner operation when the front charging door is opened -have a pollution monitoring system to monitor and detect smoke when the density exceeds applicable federal and state standards, whereupon the system will automatically stop the burner operation on a time setting of no less than three minutes -have approval by underwriters laboratory or a comparable testing agency -have a commercially manufactured processor, within the crematory, made specifically for the pulverization of cremated remains, meeting the following standards: --be capable of consistently processing cremated remains to unidentifiable dimensions --have a dust resistant processing chamber