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Exam (elaborations)

PA STATE BOARD OF FUNERAL DIRECTORS’ EXAM JURISPRUDENCE EXAM QUESTIONS WITH CORRECT ANSWERS

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PA STATE BOARD OF FUNERAL DIRECTORS’ EXAM JURISPRUDENCE EXAM QUESTIONS WITH CORRECT ANSWERS

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PA STATE BOARD OF FUNERAL
DIRECTORS’ EXAM JURISPRUDENCE
EXAM QUESTIONS WITH CORRECT
ANSWERS
What rights does an individual have in the disciplinary process? - Answer-1. Right to a
hearing and adjudication
2. Right of notice
3. Right of appeal
4. Right to an injunction that will prevent illegal actions of an entity in violation of the law

What are the penalties that may be imposed by the board? - Answer-Fine ranging from
$100-$1000; imprisonment under one year; both

What is the difference between suspension versus revocation? - Answer-Suspension is
a temporary termination of a license; Revocation is a permanent termination of a license

What criminal classifications may result from an individual being found by the board for
violations? - Answer-Summary offenses or misdemeanors

What is "appeal de novo?" - Answer-The slate is wiped clean and a new trial is
conducted

What is an appellate review? - Answer-The next level court will review the case without
conducting a new trial

What licenses must a funeral establishment procure to lawfully operate? - Answer-1.
Restricted business corporation license
2. Professional corporation license
3. Pre-1935 business corporation license
4. Branch establishment license (if applicable)
5. Partnership license (if applicable)

What conduct will enable the funeral board to discipline the establishment? - Answer-1.
Limiting or interfering with the rights of the person with the primary paramount right of
disposition
2. Bribing employees to keep quiet, lie, or disregard the laws set forth by the act
3. Establishing a secondary location without proper licensing and approval from the
board.

List the different forms of business entities that a funeral home may operate as and
what are the qualifications. - Answer-1. Sole proprietorship

, 2.Partnership
3. Corporation

Owners must be licensed funeral directors, the name of the business entity must be the
names of the owner/owners or a previous owner.

If a corporation, the business may only engage in funeral goods and services, all
shareholders must be licensed funeral directors or their immediate family, and the name
must be the name(s) of one or more of the shareholders.

Define the elements of a preneed funeral contract. - Answer-A signed written agreement
made prior to the disposition of the deceased containing:
1. Name and address of the funeral director
2. Date the arrangements made
3. Name of the person the preneed is for
4. Specific listing of goods and services that will be rendered
5. Itemized state of cash advances and expenditures
6. The total cost

What is the requirement to sell preneed contracts in PA? - Answer-Must be a licensed
funeral director

What must be done with preneed funds in the Commonwealth? - Answer-1. All monies
received must be deposited in an escrow or transferred in trust to a banking institution in
the Commonwealth.
2. Must be reported to the board within 90 days. Report must include:
a. name and address of the purchaser(s)
b. name and address of the bank
c. account number, registration title, name for whom account was established, date
account was established.
d. installments

Once preneed funds are access and the funeral director fulfills the preneed contract,
what must the funeral director do? - Answer-Make a report within 30 days including the
name of the deceased, date of death, account number, and the name of the banking
institution.

When is a preneed contract revocable? - Answer-If the contract no longer conforms to
the wishes of the purchaser or if the person signing was unduly influenced into making
purchases.

When can a preneed contract be terminated prior to a person's death? - Answer-Must
be revoked in a reasonable timeframe prior to death and the seller must be made aware
of the termination.

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