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Florida Funeral Laws

SPC FSE2080 review for final exam
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Alternative Container
Unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials, or like material
At-Need Solicitation
Any uninvited contact by a licensee or his or her agent for the purpose of the sale of burial services or merchandise to the family or next of kin of a person after his or her death has occurred
Below ground crypts
Interment space in preplaced chambers, either side by side or multiple depth covered by earth and sod and known also as "lawn crypts," "westminsters." or "turf-top crypts"
Funeral goods/burial merchandise
Any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains
Burial right
THe term which means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inrunment, or other disposition of human remains or cremated remains
Funeral Service
Any service offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains
Care and maintenance
Perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, etc in a well-cared-for and dignified condtion
Casket
A rigid container that is designed for the encasement of human remains and that is usually constructed of wood or metal, ornamented, and lined with fabric
Cemetery
A place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains
Cemetery Company
Any legal entity that owns or controls cemetery lands or property
Centralized embalming facility
A facility in which embalming takes place that operates independently of a funeral establishment licensee and that offers embalming services to funeral directors for a fee
Bank of below ground crypts
Any construction unit of below ground crypts that is acceptable to the Department of Financial Services and that a cemetery uses to initiate its below ground crypt program or to add to existing below ground crypt structures
Cinerator
A facility where dead human bodies are subjected to cremation
Closed container
Any container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of the remains
Columbarium
A structure of building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains
Common business enterprise
A group of two or more business entities that share common ownership in excess of 50 percent
Cremated remains
All the remains of the human body recovered after the completing of the cremation process, including processing or pulverization that leaves only bone fragments reduced to unidentifiable dimensions and may include the residue of any foreign matter, including the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains
Cremation
Any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity
Cremation chamber
Enclosed space within which the cremation process takes place. Anything covered by these procedures shall be used exclusively for the cremation of human remains
Cremation container
The casket or alternative in which the human remains are transported to and placed in the cremation chamber for a cremation
Cremation interment container
A rigid outer container, that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn
Board of funeral, cemetery, and consumer services
What Florida department oversees the Funeral Services issues
Direct disposal establishment
A facility licensed under chapter 382 where a direct disposer practices direct disposition
Licensee
Any person licensed under chapter 382 to practice direct disposition in Florida
Disinterment
The removal of a dead body from earth interment or aboveground interment
Embalmier
Any person licensed under chapter 382 to practice embalming in Florida
Final Disposition
The final disposition of a dead human body by earth interment, above ground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal
Funeral Service
The observances, services, or ceremonies held to commemorate the life of a specific deceased human being at which time the remains are present
Funeral director
Any person licensed under chapter 382 to practice funeral directing in Florida
Funeral Home
A facility licensed under chapter 382 where a funeral director or embalmer practices funeral directing or embalming
Grave space
A space of ground in a cemetery intended to be used for the interment in the ground of human remains
Human remains
The body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition
Mausoleum
A structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains
Monument
Any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases
Monument establishment
A facility that operates independently of a cemetery or funeral establishment and that offers to sell monuments or monument services to the public placement in a cemetery
Niche
A compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains
Ossuary
A receptacle used for the communal placement of cremated remains without benefit of any urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable
Outer burial container
An enclosure into which a casket is placed and includes, but is not limited to, vaults made out of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooded enclosure
Personal residence
Any residential building in which one temporarily or permanently maintains his or her abode
Direct disposition
The cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition
Embalming
Disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals
Practice of funeral directing
The performance by a licensed funeral director of any functions authorized by s. 497.372
Pre-need contract
Any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future
Preneed sales agent
Any person who is licensed under chapter 487 to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in Florida
Processing
The reduction of identifiable bone fragments after the completion of the cremation and processing to unidentifiable bone fragments by manual means
Pulverization
The reduction of identifiable bone fragments after the completion of the cremation and processing to granulated particles by manual or mechanical means
Refrigeration facility
A facility that is operated independently of a funeral establishment, crematory, or direct disposal establishment that maintains space and equipment for the storage and refrigeration of dead human bodies
Removal services
Any service that operates independently of a funeral establishment or a direct disposal , that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee
Scattering garden
A location set aside, within a cemetery, that is used for the spreading of broadcasting of cremated remain that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable
Solicitation
Any communication that directly or implicitly requests an immediate oral response from the recipient
Temporary container
A receptacle for cremated remains usually made of cardboard, plastic, or similar material designated to hold the cremated remains until an urn or other permanent container is acquired
Urn
A receptacle designed to permanently encase cremated remains
Protect the right to make decisions regarding disposition, protect consumer for funeral goods & services, establish minimum standards
Purposes of Chapter 497
Mowing grass, pruning shrubs & trees
Things that may be included in the Care & Maintenance of a cemetery
Readily combustible, able to be completely closed, leak & spill resistant, rigid enough to be handled with ease, provide protection for crematory operator
5 standards which a cremation container must meet
Decedent prior to death, person named by decedent, spouse, children, parents, siblings, grandchild, grandparent, next degree of kinship
List the priority by which persons may be the legally authorized person to decide disposition
All 5
If a decedent had 5 children and no surviving spouse, how many of the children are required by law to sign a cremation authorization form
Anyone in the funeral business
To whom may a refrigeration facility offer its services
Funeral establishments & direct disposers
To whom may a removal service offer its services
10
How many members are on the Board of Funeral, Cemetery, and Consumer Services
2 funeral directors, 1 funeral director with a crematory & preneed, 2 cemeterians, 1 monument maker, health officer, 3 consumers
List the composition of the Board of Funeral, Cemetery, & Consumer Services
No
May 2 members of the Board be employed by the same company
4 years
How long are the terms of office of Board Members
Governor
Who may temporarily suspend a Board member for malfeasance, etc?
Senate
Who may permanently remove a Board member?
3 in a row or half for the year
How many meetings may a board member miss before they are considered to have resigned from the Board
No
Can a hospital or nursing home operate a direct disposal establishment
$5
What is the amount of the fee imposed upon initial licensure and each renewal thereof to combat unlicensed activity
Embalmer apprentice, embalmer intern, funeral director intern, funeral director, funeral director & embalmer, direct disposer, monument establishment sales agent, preneed agent
Why types of license may only be issued to a natural person, that is may not be issued to a corporation or other business entity
Funeral establishment, centralized embalming facility, refrigeration facility, direct disposal establishment, monument establishment, cinerator facility, removal service, preneed sales business
What types of license may either a corporation or a natural person apply for
No
May a natural person apply for a cemetery license
No
Are licenses transferable if the business sells to another owner
10 years
How many years prior to an application, must an applicant have no conviction of guilt of a crime in order for the application to be considered complete
Any relating to the industry, any felonies for the last 20 years, any misdemeanor for the last 5 years
What convictions must be disclosed to the Board during the application for licensure
Retirees in a state of emergency or active licensee in another jurisdiction
Who may apply for a limited license
No
May a person with a limited license engage in preneed sales
In a time of critical need
When can a limited licensee provide services
30 Days
If you have an address change, how long do you have to notify the Board
5
What is the maximum number of hours of continuing education a licensee may receive for attending a state board meeting?
Complaints log
What may be reviewed during an inspection
Yes
May a direct disposer engage in direct burial
Written or oral
What type of permission is required to take possession of a dead human body
As long as written permission is received within reasonable time
When is oral permission allowed for a licensee to take possession of a human body
Yes
Must a licensee have written permission to provide entombment or interment
Yes
Can a person who is not applying for or is a recipient of Supplemental Security Income or Aid complete an irrevocable preneed contract?
Least expensive
What casket must be displayed if caskets are displayed
No
May a cemetery require a family to come to the cemetery to sign papers if the purposes is to sell the family additional goods or services
At least 2
How many people must be serve on a probable cause panel
At least 1 present board member, one of the board's former of present consumer members
What is the composition of a probable cause panel
$5000
What is the maximum fine the board can impost for an administrative violation
Yes
If your license if suspended, must you complete continuing education hours
$10,000
What is the maximum fine for unlicensed activity
3rd degree felony
What is the crime committed if a person circulates unauthorized prelicensure examination information
3rd degree felony
What is the crime committed if a person knowingly gives false information in applying for licensure
2nd degree misdemeanor
What is the crime committed if a person willfully obstructs the department in investigations
3rd degree felony
What is the crime committed if a person fails to deposit trust funds required under chapter 497
2nd degree misdemeanor
What is the crime committed if a cemetery discriminates on the basis of race
No more than 3 hours of communicable disease
What is the educational requirement for operational personnell
Within 30 days of hire
When must the educational requirement be completed for operational personnel
1 year
Time requirement for funeral director internship
Provisional license is for an intern that has not taken the required examination and is good for 6 months
What is a provisional license
1 Year
Time requirement for embalmer internship
20th day of each month
When is the Bodies Handled Report due
No
Is it legal for your funeral home to give an honorarium to a nurse at a hospital it, after a death occurs, the ask the family to use your funeral establishment
2, I FDIC for each establishment
A certain funeral home has 2 funeral establishments. What is the minimum number of Funeral Directors this firm must employ
No, they can use a centralized embalming facility
Must a funeral establishment have an embalming room in the facility or on the premises?
Licensed funeral director
Who must obtain the vital statistical information for the death certificate at a Funeral Establishment
No
May a direct disposer who is working at a funeral establishment make arrangements for a direct cremation?
Yes
Can the owner of a funeral establishment be unlicensed
Yes
Can a funeral director arrange for an identification viewing at a funeral establishment?
Visitation at funeral home can also be a place to make arrangements, visitation chapel can only be used for visitation, direct disposal establishment cannot have a visitation
Compare a visitation at a funeral establishment, a visitation at a visitation chapel, and a visitation at a direct disposal establishment
Yes
Can a direct disposer make a removal for a funeral establishment
No one
Who can make arrangements at a Visitation Chapel
Funeral home name & FDIC
What information must be displayed at the front of a funeral home
No, each licensed person can only be in charge of one facility
A funeral establishment has a retort which is licensed as a cinerator facility. The funeral home owner is a funeral director in charge of the funeral establishment. May this owner also be the individual in charge of the cinerator facility?
Within 24 hours of death
If a person dies at Restin Peace Nursing Home at 2 am on October 2. By when must the funeral director / embalmer must embalm or refrigerate the body by?
No, only a funeral establishment may use a central embalming facility & if a body is embalmed it no longer qualifies under direct disposal
If a person dies at Restin Peace Nursing Home at 2 am on October 2. By when must the funeral director / embalmer must embalm or refrigerate the body by? 2 AM on October 3
20. If Federal Cremation Society, a direct disposal establishment, has a family that wants the deceased embalmed prior to cremation, may Federal contact a central embalming facility for the embalming? Why or why not?
Only if they have been co-located since July 1, 2000
Can a funeral establishment and a direct disposal establishment be located at the same street address?
No, this qualifies as arranging services
Can the secretary of the funeral home call the minister at the local church to see if she is available to do a service for a family
120 days after the date cremation was completed
Joseph Summers died on August 3 rd and was cremated on August 7 th . The declaration of intent for the distribution of cremated remains said the family would pick up the cremated remains. On what date may the establishment dispose of the cremated remains of Mr. Summers?
The remains must remain covered, explain statute to the family
When transporting a Hospice patient, the family requests that the funeral directors making the removal leave the decedent's head uncovered while in the removal vehicle. What should be done in this instance, regarding the covering of the head and the transportation?
40 degrees or less
What temperature should a refrigeration unit be kept at?
Direct disposer or licensed funeral director
Who can be the full-time person in charge of a direct disposal establishment
Licensed direct disposer
Who may obtain the vital statistical information needed to complete a death certificate at a direct disposal establishment?
No
Can a funeral director arrange an identification viewing at a Direct Disposal Establishment
Make removals and store dead body, get vitals, obtain permits, place obits, refrigerate remains and transport to disposal facility, contract with removal service to make removals
What duties can an FD conduct while working at a direct disposal establishment
No
Is it legal for a direct disposer to arrange a Memorial Service for the decedent 2 weeks after the death
Name of establishment and licensed person in charge
What information must be displayed at the front entrance of a direct disposal establishment
No
Can a funeral director working at a direct disposal establishment arrange for a visitation
18
Minimum age for an embalmer's license
Direct
Type of supervision provided to an embalming intern
Anyone who is licensed in another state
Who may receive a license by endorsement
Yes
Must a licensee by endorsement take a state law exam
General
What kind of supervision is required for a temporary licensee?
An approved facility (funeral home or central embalming facility)
What types of establishments may an embalming intern work at?
3 years, can be extended to 5
How long is the apprentice program
LFD
Who may set the time of a funeral service at an establishment
LFD
Who may negotiate the financial arrangements for a funeral
Anyone
Who may phone in an obituary for a funeral establshment
Associate in Science, graduate of an accredited mortuary science program
Educational requirements for an FD license
Approved training facility
Where can a person complete their FD internship
Displayed in the location where the licensee works
What must be done with a license issued by the board
Yes
May interns serve both the funeral directing and embalming internships at the same time
75
At what age can an FD stop taking CE
1250
Minimum square footage of a funeral establishment
In the same county as the funeral establishment
Where may a visitation chapel be established
Visitation
What functions can be performed at a visitation chapel
Yes
Can a fetus who is only 12 weeks gestation be cremated even if there is no DC or BTP
No
Must an FD be present if disinterment and reinterment is in the same cemetery
No
Is the transfer of remains from a temporary storage facility into a mausoleum considered disinterment?
Other licensed establishments
With whom can a removal service enter into a contract
1 full time embalmer
Who must be in charge of a centralized embalming facility
A container that prevents seepage and odors
Describe a container acceptable for transportation of a body on an airplane
1st degree misdemeanor
What can you be charged with if you store bodies without covering them
Anyone
Who may sell a casket
Yes
Can a direct disposer put an obit in a newspaper
College courses in mortuary law and ethics
Education requirements for direct disposer
24 months
If a direct disposer establishment is granted a probationary period, what is the max. length of time of the period
65
Min. square footage of a direct disposal establishment
2 years
How long must a direct disposal establishment keep contracts
48 hours after agreed upon time
When contracting with a family, a direct disposer specifies that cremation will occur on Feb 5 th . During what time frame must the cremation occur?
1
How many bodies may be placed in a retort at once
Yes
Must a family be notified in writing the time of the cremation
A written plan
What must cinerator facility personnel have in place to minimize incidental co-mingling of cremated remains
Biennially
How often is a centralized embalming facility license renewed
Prior to license, annually, change of ownership
When are cinerator facilities inspected
Prior to license, annually, move to new location, change in ownership
When are direct disposal facilities inspected
Prior to license, annually, major modifications to establishment, change in ownership
When are funeral establishments inspected
12
CE credits for FD
6
CE credits for direct disposer
755, 530
Application fee for centralized embalming facility
905
Peaceful Rest Cemetery did $356,000 in gross sales this year. What is the renewal fee for Peaceful Rest Cemetery?
25
How much money must be deposited into the care and maintenance trust fund for a grave space that cost $200?
60
How much money must be deposited into the Care and maintenance trust fund for a $600 grave space?
All of it
Mrs. Jennifer George has left a generous endowment of $10,000 to Peaceful Rest Cemetery. How much must be placed into the Care and Maintenance Trust Fund?
30 days after the end of month that the contract was sold in
Mr. and Mrs. Johnson purchased 2 grave spaces for $650 each on March 4th. By when must the Cemtery company make the deposit into the care and maintenance trust fund?
Either within 4 years of the date of the first sale or when 50% of the spaces have been sold. Must be completed within 5 years of date of first sale.
On September 3, 2005, Peaceful Rest Cemetery sold the first space in the yet to be constructed PR Mausoleum. The Mausoleum is to house 200 caskets. The 100th space was sold on April 10, 2007. By what date must construction begin on the new mausoleum? By what date must the construction be completed?
Care and maintenance of cemetery; right to open & prepare spaces, initial sale of burial right
Which of the following functions can a cemetery require the consumer to purchase from the cemetery and from no other entity?
None
What offense/penalty may a cemetery be subject to is they charge a $50 transfer fee to transfer the burial rights for a specified space from one person to another
Family, religious, county, nonprofit, fraternal organizations
What cemeteries are exempt from 497?
No & no
Peaceful Rest Cemetery sets monuments in the cemetery. A family chose to use Marble Monument to set a marker in Peaceful Rest Cemetery. Can Peaceful Rest charge Marble Monument a fee for the installation of the monument?
Within 30 days of execution of the contract
Mr. Throby purchases 4 graves spaces from Peaceful Rest Cemetery on August 23. How much of a refund will Mr. Throby receive if he chooses to cancel the purchase (without having used the spaces) on September 5th?
2nd degree misdemeanor
Peaceful Rest Cemetery refuses to bury a person in its cemetery because the person is of a certain ethnicity. What offense/penalty may the cemetery be subject to?
455
According to the state Board website, w hat is the amount of the initial license for a monument estalishment?
Biannually
How often are monument establishment licenses renewed
30
To begin a new cemetery, how many contiguous acres are required?
50k
What is the minimum net worth required to apply to start a cemetery?
cemetery and local area
What 2 maps are needed to start a new cemetery?
$50,000
What ist he minimum amount which must be deposited into a Care and Maintenance trust fund for a new cemetery? This amount is separate from the Net worth which is required.
establish a care & maintenance fund, no loans, zoning approval, name a GM in 3 years, develop 2 acres, notice in county recorder's office,
What steps are completed after the State Board gives conditional approvael to begin a new cemetery?
only if they are the manufacturers
Can a monument dealer establishment sell pre-need contracts?
2
How many years of cemetery experience are needed for the general manager of a new cemetery
30
How many acres of a new cemetery must be developed to fully license a new cemetery?
12 months
How long without extensions, after a conditional cemetery license is issued does the cemetery company have to complete the remaining requirements?
Used for care and maintenance
What is done with the income of the care and maintenance trust fund
50k or 10% of each one
Your funeral home buys a cemetery which has been exempt from regulation in the past. At the time of the purchase, the cemetery has sold the burial rights on 3000 grave spaces. How much money must be placed in the Care and Maintenance Trust fund?
April 1
By what date must a cemetery submit to the state board the annual financial reports for a cemetery Care and Maintenance Trust Fund?
yes
If you are a consumer who purchased the burial rights for 4 grave spaces in a cemetery, may you sell the burial rights?
no
If you are a consumer who purchased the burial rights for 4 grave spaces in a cemetery, do you own the land of those spaces?
42x96
What is the minimum size of a grave space?
12 inches
What is the minimum amount of top soil that must cover an outer burial container?
No, only up to 3
May a person who is not licensed as a broker of burial rights receive compensation for the sale of burial rights of 5 grave spaces?
not maintained after 6 months
When is a cemetery considered to be abandoned?
After no change of address for 50 years
When is a cemetery grave space burial rights considered to be abandoned?
10% or $25
If a grave space has been abandoned, what happens to the proceeds if the space is sold by the cemetery?
office & display area
Beginning January 1, 2006, what must be present in a monument establishment facility?
Full refund within 30 days
Mrs. Scott bought a monument for her late husband. The contract called for delivery of the monument on May 20 th. If the monument is not installed on or before May 20 th, what is Mrs. Scott entitled to?
monument sales agent
What license is required to sell monuments?
$5 by May 31
On February 4, you wrote a $3000 prefunded funeral contract using the normal trusting methods. How much is do to the Preneed Funeral Contract Consumer Trust Fund by what date?
70%
Minimum percentage of pre-sold services to be trusted
greater of 30% of retail or 110% of wholesale
Minimum percentage of pre-sold merchandise to be trusted
100%
Minimum percentage of pre-sold cash advances to be trusted
2.50, 5
Fee required by preneed funeral contract consumer protection trust fund for contracts under $1500 in normal and alternative trusting
5, 10
Fee required by preneed funeral contract consumer protection trust fund for contracts over $1500 in normal and alternative trusting
30 day within the end of the calendar month in which they were received
When must trust deposits be made
Funeral establishment, cemetery company, direct disposal establishment, monument establishment
List the establishments which can hold a valid preneed license.
all
Mrs. Thomas paid for a Preneed contract on May 4. The total contract amount was $6734.00. How much will she get back if she cancels the contract on May 30th?
On or before April 1
When are the annual trust reports due?
give 30 days notice
A consumer is 90 days past due on payments for a pre-need contract. What steps are required for the funeral home to cancel the contract?
3rd degree felony
A Preneed licensee fails to deposit funds within the designated time frame. What offense/penalty may the preneed licensee by subject to?
LFD
Can any person sell pre-need contracts who is not registered as a pre-need sales agent?
the licensee establishment
Who is responsible for the activity of a pre-need sales agent?
No
May a preneed sales agent sell a contract on an at-need basis
services & cash advance
If a consumer cancels a preneed contract 75 days after execution, how much money is refunded to the consumer?
licensee
Who keeps the interest earned for a preneed contract cancelled 87 days after being written?
90%
What percentage must be placed in trust for alternative methods of trusting?
Conclusion of the next board meeting
How long is a temporary preneed sales agent license valid?
48 mos
How long is a preneed sales agent appointment valid when appointed by a preneed licensee?
A copy of the preneed contract to be used
What must be filed with the state board prior to selling a preneed contract
60 days after the calendar quarter in which it was received
When is the fee for the preneed funeral contract consumer protection trust fund due?
full refund of the service & cash advance items,
What items will be refunded to the consumer if they cancel a contract after 30 days
Purchaser may cancel the contract within 30 days with no penalty
What disclosure must be on a preneed contract
Persons desiring to go on supplemental security income
What people can have an irrevocable trust preneed contract
death certificate
What is required to pay the funds on a pre-need contract
Surety bond
What is the term for when a company has the right to keep the money for the preneed contract and buy a bond for that money. The bonding company agrees that if the preneed licensee can not pay for the contract at the time it is needed, the bonding company will pay the bill.
the bonding company
Who pays for a contract that has been trusted with a surety bond when the undertaker cannot pay for the funeral
10%
How much of the money from a preneed contract can be kept if the purchaser is in default
120 days once
How long is a temporary sales agent license for
Submit fingerprints and a background check
What must a person do to convert from a temporary sales agent license to a permanent license
48 months
How long will a preneed agent license remain in force if they have not been appointed by an establishment
5 days
How long after death does a funeral director have to obtain a burial-transit permit if there is no extension of time?
72 hours
How long after receiving the death certificate from the funeral director, does the physician have to sign the DC listing the cause of death?
cemetery sexton
To whom does the funeral director give the Burial-Transit permit to if the body is buried?
crematory operator in charge of that cremation
To whom does the funeral director give the Burial-Transit permit to if the body is to be cremated?
Whoever is in charge of the place of disposition
If a funeral director buries a body in a cemetery which has no sexton, what should the funeral director do with the burial-transit permit?
notification; preparation; clothing; casket; transportation; and interment.
List the benefits that a prisoner of war is entitled to, if they die in the custody of the US military.
Secretary of Agriculture
If a person dies in a National Forest, who is responsible for the expenses in transporting the deceased out of the forest?
Secretary of Interior
If a person dies in a national park, who is responsible for the expenses of transporting the deceased out of the national park?
Surgeon General
A person dies in a Public Health Service Hospital. (I do not know where these institutions exist, but assume they do since the US code covers deaths there.) Who is responsible for the reasonable burial expenses of the deceased?
5 days not including weekends or holidays
How long is the extension for filing a death certificate, if the extension is approved by the registrar?
a court of competent jurisdiction
What entity determines if a presumptive death certificate is issued?
family
Who may receive a certified copy of the "long form", that is a copy of the death certificate which includes the cause of death?
Department of Health
Which state department oversees death certificates?
3rd degree felony
The family does not want their loved one to have the stigma of having died of HIV/AIDS. They request and the physician grants their request not to list HIV/AIDS as a contributing factor in the cause of death. What offense/penalty may the physician be subject to?
death of a fetus at at least 20 weeks gestation that did not take a breath or give other evidence of life upon expulsion from the uterus
Define Fetal Death
3rd degree felony
family wishes to collect the insurance money from the death of their father. The father committed suicide which the insurance company will not pay for. The family obtains a copy of the Death Certificate and changes the cause of death to Myocardial infarction (Heart attack) and submits it to the insurance company. Other than insurance fraud, what offense/penalty may the family be subject to?
no
Is the scattering of cremated remains following cremation considered to be final disposition?
3rd degree felony
The St. Petersburg Times recently came into the possession of a copy of the death certificate of former Governor Lawton Chiles and intends to publish the Death Certificate in the newspaper. The newspaper obtained the copy giving $500 to a local registrar. What offense/penalty may the St. Pete Times be subject to?
2nd degree misdemeanor
A local physician hates it when his patients die. (So does the patient!!) The physician takes out his anger by charging the funeral home a fee of $10 to sign the death certificate. What offenses/penalty may the doctor be subject to?
2nd degree misdemeanor
You, a funeral director are going to have an immediate burial for a deceased person in a small family cemetery which does not have a sexton. You choose to bury the deceased prior to obtaining the Buiral Permit. What offense/penalty may you be subject to?
means a human body or such parts of a human body from the condition of which it reasonably may be concluded that death recently occurred
Define Dead Body
20
For a fetal death certificate to be issued, the baby had to reach what week of life, though not yet being born?
regular death
If a baby is born in the 30th week and following birth the attending physician notices a single heart beat, which death certificate should be filed - Fetal Death Certificate or regular Death Certificate?
burial, entombment, cremation, donation, removal from state, burial at sea
List the methods of final disposition as described by the Department of Health
Pinellas
Which local registrar would issue the burial-transit permit if a person died in Pinellas County, had a visitation and funeral in Hillsborough County and was buried in Sarasota County?
Before final disposition
When must a burial-transit permit be given to the person in charge of the place of final disposition?
No
On the way to the cemetery, you realize that you do not have the Burial-transit permit with you. May the cemetery complete the service and burial and allow you to bring the permit to them later that day?
Sign & get to health dept within 10 days of disposition
Assume you are in charge of a retort. Prior to cremation, you are given the burial-transit permits. What do you do with those permits that are given to you?
5 days after death
Assuming there is no extension, when must a death certificate be filed by?
on the top line above the legal name
Where are aliases listed on the death certificate?
funeral home who first took possession of the body
Who is responsible for filing the death certificate?
cause of death
What information is confidential on a death certificate?
cause of death, and parentage, marital status and medical information
What information is confidential on a fetal death certificate
2nd degree misdemeanor
What offense may a funeral director be guilty of, if they fail to file the death certificate?
$12000
What is the amount of the federal death gratuity for those members of the armed services who die on active duty?
3
How many medical examiner commissioners sit on the probable cause panel?
None
While setting a marker in a local cemetery, your monument company accidentally bumped a monument and knocked a large chip out of the side of the monument. Your firm has offered and paid for the monument replacement. What offenses/penalty may you be subject to?
The Board of County Commissioners in that district (from the general funds or any other funds under their control)
What entity or person pays the salary of the district medical examiner?
Second degree misdemeanor,
Your direct disposal establishment receives a call that Peter R. Abbit has died. The time of death was 4:20pm on August 23. You performed the cremation at 3:30pm on August 25, what offense/penalty may you be subject to?
Yes. If they do, the governmental agency that requested the autopsy is responsible for payment.
Can a medical examiner (district or associate) perform an autopsy on a body that has died out of the district they work in? If not, why not? If they can, who pays for the autopsy?
The State Archaeologist
An unmarked grave is found to be 100 + years old. Who has the jurisdiction over that grave?
Criminal violence, accident, suicide, sudden death of someone in good health, unattended by a practicing physician, dies in prison, dies in police custody, suspicious circumstances, criminal abortion, poison, by disease that may be a threat to public health, in relation to employment
List the 12 cases in which the medical examiner has jurisdiction.
district medical examiner
An unmarked grave is discovered to be 30 years old, who has jurisdiction over this grave?
district medical examiner
While digging to set the foundation of a new funeral home, your establishment discovers a grave that appears to be 100 years old. Who should be notified?
crushing injury, contagious disease, autopsy, sever decomp, relative claims body, honorably discharged veteran
When does the anatomical board not need to be advised of a death
Davis-3rd degree felony, Patterson-2nd degree misdemeanor
While digging to set the foundation of Davis Direct Disposal establishment, Davis discovered a previously unmarked grave. He realizes that an investigation may take months so he quickly and quietly reburies the skeletal remains to the side of the establishment and erects a monument to mark the grave. When Davis tells Patterson what he did, Patterson fails to report the incident. What offense/penalty may each person be subject to?
No less than 48 hours
How long after death must the anatomical board wait to begin using a body for medical research?
cremation
What method of disposition is used for a body after it is of no future use to the anatomical board?
2 physicians who are active medical examiners, 1 FD, 1 state attorney, 1 public defender, 1 sheriff, 1 county commissioner, Attorney General or his rep, State Surgeon General or his rep
List the composition of the Medical Examiners Commission
4 years
What is the term of office for a person appointed to the Medical Examiners Commission?
Suspected criminal violence, occurred in police custody, occurred in prison, gunshot, poisoning, SIDS, suicide, directed by State Attorney
List the cases in which an autopsy is required by law
ME commission
What entity or person can remove a district Medical Examiner?
MVA or aircraft accident, disease that is a threat to the public health, apparent drowning, in a state institution, or otherwise by violence
List the cases in which an autopsy is suggested but not required.
the Governor
What entity or person can appoint a district medical examiner?
3 years
What is the term of office of a district medical examiner?
9
How many members are on the Medical Examiner's Commission?
When the body is transported in state without the appropriate medical certification
n what case does the medical examiner have jurisdiction over a death which occurred in another state?
cremation, donation, burial at sea
What methods of disposition require the medical examiner to have jurisdiction over the death?
surviving spouse, surviving parents, adult child
Who may view a photograph taken by a medical examiner during an autopsy?
the law enforcement agent who is investigating the death
Whose is responsible for determining the identification of a dead body?
anatomical board
Who is to be notified of a death of an unclaimed body?
no
Is the state Anatomical Board notified if the deceased was entitled to burial in a veteran's cemetery?
the county commissioners or other legally authorized person
Who is responsible for disposition of an unclaimed body when the anatomical board has an excess number of bodies?
no
Does the medical examiner have to autopsy a body to sign the permission for cremation?
1 year
SIDS is designated for those infants who die under what age?
48 hours
How long after death must a practitioner wait prior to cremating a body which has been legally authorized for cremation?
closed container
any container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of the remains
embalmer apprentice, embalmer intern, fd intern, fd, fd/embalmer, direct disposer, monument establishment sales agent, preneed sales agent
Applications that can only be applied for and issued to a natural person
Funeral establishment, centralized embalming facility, refrigeration facility, direct disposal establishment, monument establishment, cinerator facility, removal service, preneed sales business
License applications that may be applied for and issued to a natural person, corporation, limited liability company, or partnership
speeding tickets or noncriminal traffic infractions
What crimes do not have to be disclosed on an application for licensure
within 10 days of being received
When must a written complaint be logged
Denial of application, reprimand, suspension, or revocation of license
What are the penalties that the probable cause panel can impose
5000
Fine that can be imposed by a court for a licensee
owners, officers, directors of any licensee
Who is responsible for the deficiency of any trust fund required by chapter 497
Name, date of birth, date of death
What information must be on the ID tag before final disposition
funeral director
Who is responsible for placing the permanent ID mark on the OBC in an unlicensed cemetery
cemetery
Who is responsible for placing the permanent ID mark on the OBC in a licensed cemetery
BTP
What can the cemetery use to verify identification
105k and 30 acres of land
What are the minimum things needed for establishing a new cemetery
10%
How much money from mausoleum spaces must be places into the care and maintenance trust fund
Placed in a separate trust account
How much of a special endowment must be placed in trust
Board approval
What is needed to unlicense a cemetery of 30 acres or under
number of spaces, location of each space, number designated to each space, dimensions of adult grave spaces
What must be included in a cemetery map prior to selling any spaces in undeveloped portions of the cemetery
10%
What percentage of abandoned spaces must a cemetery keep
Every 5 years
How often must an exempt cemetery of more than 5 acres report
death
irreversable cessation of the functioning of the entire brain including the brain stem
Eye, cornea, kidney, liver, heart, lung, pancreas, bone, skin
Organs and tissues subject to provisions of 872
Armed Forces Medical Examiner
Who conducts the forensic pathology investigation if the deceased is involved in any federal investigation
a commander
Who may make the determination that a deceased warrants investigation by the Armed Forces Medical Examiner
temporary members of the coast guard reserve
What specific members of the armed forces are excluded from eligibility for the armed forces death benefit
120
How many days after discharge is a member of the armed forces still eligible for the armed forces death benefit
6000
What is the armed forces benefit for those members who died on active duty or on training during inactive duty
notification, prep for burial (includes cremation), clothing, casket/urn, transportation to cemetery, interment
What is the death benefit for prisoners of war and interned enemy aliens
notification, prep for burial (includes cremation), clothing, casket/urn, transportation to cemetery, interment
What is the death benefit for pensioners, indigent patients, and persons who die on military reserves
humanitarian agency, contractor with DoD, merchant vessel, dependent of person qualified
Who is able to receive mortuary services (on a reimbursable basis) from the DoD
2
What is the minimum number of team members for a military detail
flag folding, Taps
What is the minimum military honors ceremony
Secretary of the Interior
Who calls the shots if someone dies in a national park
Secretary of Agriculture
Who calls the shots if someone dies in a national forest
6 months
What is the possible prison sentence for someone who using a military use urn without approval
300
What is the amount paid for an indigent veteran's burial expenses
150
What is the amount of the burial plot allowance for qualified veterans
Secretary of the Army
Who pays for the obc in Arlington
1500
What is the burial benefit for a veteran who dies as the result of a service-connected disability
transportation to national cemetery
If a veteran dies as a result of a service-connected disabilitym what additional benefit are they entitled to
photo of face & fingerprints
what identification information has to be taken for each ME case
tissue
a representative sample of a body part or organ
10
All persons over the age of ___ who die as a result of violence are examined for drugs and alcohol
1 year
How long must all specimins other than stained sections and embedded tissue retained by the medical examiner
25k
What is the max amount that needs to be placed in the care and maintenance trust fund when an exempt cemetery converts to a non-exempt cemetery
last day of Feb
When is a preneed sales agent renewal filing due
10
What percent of the purchase price of burial rights has to be paid into the care and maintenance trust fund
if the maturity value is less than the amount of the services
When can a preneed contract not be funded by life insurance
<1%
failure to remit ____ of the amounts required to be deposited to a trust fund for an examination period is considered a minor violation
200
What is the fine for the first violation (preneed)
400
What is the fine for the 2nd violation (preneed)