Source: The North Carolina Board of Funeral Service Complying with the Funeral R
Source: The North Carolina Board of Funeral Service Complying with the Funeral Rule and The North Carolina Cemetery Commission
Introduction- The purpose of the NC funeral law paper is to help demonstrate how police power works in creating or promulgating laws that protect its residents.
The Assignment- You must answer the questions below. The Project should be typed on a computer. Words should be spelled correctly. You should include the question and then the answer for each. It may be submitted anytime during the semester, but I must receive it via the Safe Assign link (found under the “Assignments” tab), on or before November 19. Resources – The North Carolina Board of Funeral Service no longer distributes the hard copy of the Funeral Service and Cremation Laws book, so it is found https://ncbfs.org/chapter-90/ . You also can find helpful information from the North Carolina Cemetery Commission at https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_65/Article_9.html . Complying With the Funeral Rule can be found at https://www.ftc.gov/system/files/documents/plain-language/565a-complying-with-funeral-rule_2020_march_508.pdf . The paper is to be only your work and you will want to rely on the paper to assist you in studying for your NC funeral law exam which is administered by the state board before licensure. Only two questions ask for your opinion, recommendation, or observation. All other answers can be found in the aforementioned resources. Please do not contact the NC Board of Funeral Service in order to gain answers! I have asked the staff of the Board to contact me immediately if this occurs.
Acceptable Length – The length of the paper may vary, but must throughly cover the questions. “Yes” or “No” answers are generally insufficient. Closed ended questions first must be answered YES or NO. You must defend your answers by explanation and citing the statute and paragraph (example: 90-210.23 (h2) or administrative code (example: 21 NCAC 34C.0202). Formatting Requirements –
Put your name, course and section number, and assignment title at the top of the document.
Use one-inch margins.
Use a 12-point Times New Roman font.
Enumerate your paper exactly the way it is given in the assignment. For ease of grading, write all of your questions in one specific colored font (like blue); and answer all of your questions in another specific colored font (like red).
Grading Criteria – This assignment is worth 20% of your final grade. The writing assignment rubric is attached. The paper must thoroughly answer the questions below:
1. Discuss the negative possibilities of living in a state that has no regulatory board of funeral service:
2. How does one get to be a Board member?
3. How are the members distributed by occupational class? (How many must be funeral directors, embalmers, or a combination of both licenses?)
4. How many members are on the Board?
5. Is this a paid position with the Board?
6. Are there any public (non-licensed) members on the Board? If so, how many?
7. If there are public members, how are they chosen?
8. How often are new members placed (or elected) to the Board of your state?
9. How often is the Board required to have meetings?
10. What positions with the North Carolina Board of Funeral Service may be compensated for the Board to carry out its duties?
11. Does your Board control cemeteries, funeral homes, pre-need, crematories, casket stores, and the like? If not, which do they not control?
12. Define “funeral director” and “embalmer” according to your state’s definitions:
13. Define “funeral home” according to your state’s definitions in your law book:
14. Does “funeral directing” merely imply being present for the funeral service, or does it encompass more duties? If so- what are those duties or responsibilities?
15. 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? What are your state’s laws concerning this?
16. What are your state’s requirements as to the manager of a funeral establishment?
17. Does your state have any rules or regulations that control how a funeral home can/must be named?
18. Does your state differentiate between a memorial service, funeral service, and graveside service? If so, what are the differences?
19. Does your state have an inspector to inspect funeral homes?
20. If your state has an inspector, what type of professional license must this person have?
21. Your state has a list of “things that can cause me to either lose my license” or “things that I may do that can keep me from getting a license in your state”. This may be an extensive list, but name each:
22. I wish to complete a resident traineeship or apprenticeship in your state- what are the requirements to be an apprentice in your state?
23. How many hours are required to complete the state’s apprenticeship?
24. Are there forms that must be completed and submitted to be Board of your state on a periodic basis? What are the specific forms? How often are they submitted?
25. Who can be my preceptor (my teacher) at the funeral home where I wish to do my resident traineeship?
26. Is there a limit on how many resident trainees a funeral home can have? If so, what is the number based on?
27. What are the requirements for me to be a licensed funeral director in your state? (If your state has a license specifically for funeral directing)
28. What are the requirements for me to be a licensed embalmer in your state? (If your state has a license specifically for embalming)
29. If your state has individual licenses for funeral directing and for embalming, does your state also combine these two licenses into ONE license for someone who wishes to have both licenses?
30. When one has a professional license with your state’s Board, when exactly does that license expire each year?
31. What if I am licensed in another state before wanting to locate and be licensed in your state- what must I do to become licensed in your state?
32. Does your state require licensees to have continuing education hours each year as a condition to retaining licensure? If so, how many hours must they have?
33. Does your state allow you to carry over excess continuing education hours into the next year? If so, what amount?
34. Does everyone that holds a license have to take continuing education hours each year, or are there any exceptions?
35. Are there any requirements as to WHO may own a funeral home? How does it vary between ownership types? (like sole proprietorship, partnership, or corporation)
36. Does your 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 this law-
37. Does your state require caskets to have a price card in/on each casket? If so- explain this-
38. Are cemeteries allowed by law to sell outer burial containers in your state?
39. Does your state have any special certification or card for mortuary school students? If so- what is it?
40. What happens in your state if an individual has not kept their license current for a few years, but now has decided to become licensed again?
41. What are the requirements necessary for someone to open or start a funeral establishment in your state? Be specific-
42. Does your state differentiate between a pre-arranged service and a pre-funded service? What is a pre-need?
43. Explain how your state mandates the securing and safeguarding of monies given to a funeral home for a pre-need? (In order to protect the public). What has to be done with monies paid to a funeral home for a pre-need. What are a family’s options?
44. If a funeral service is paid for in advance of the need, is the funeral director allowed to keep any part or portion of the total cost of the arrangements? (before the death has occurred)
45. Does your state allow families to take their monies from a pre-need account after it has been legally deposited according to state laws? Please explain-
46. What happens to a client family’s monies in a pre-need account if the funeral home goes out of business?
47. What, specifically, is required after the funeral home has fully performed (rendered services) a preneed contract?
48. In your state, can (or must) a licensed funeral director sell a pre-arranged and pre-funded funeral to a family?
49. What are the legal methods of disposing of cremated remains in your state? 50. What are some examples of solicitation according to your state? 51. Define who your state board protects in their practices, laws, and everyday business:
52. Does your state control crematories in your state?
53. Who may own a crematory in your state?
54. What is required to manage or operate a crematory/hydrolysis facility in your state?
55. Are remains allowed to be cremated without an outside container? If no, define what type of container must be used-
56. Define “pulverization” or “processing” as defined by your state:
57. What is the order of preference as to arranging a family members cremation? (For instance, if an adult male dies, what is the sequence for survivors to control his disposition, i.e., mother, father, wife, grandparents, adult child, etc.)
58. Is there a time limit for an authorizing agent to exercise his or her right to dispose of the decedent’s body? If so, please explain. 59. Is there a waiting period in your state before a dead body can be cremated? If yes, what is it?
60. What paperwork or documents must be completed before a body may be cremated?
61. Define “alternative container” according to your state’s definitions: “Complying With the Funeral Rule,” Page 5. An alternative container encase the body and can be made materials like fiberboard or composition materials (with or without an outside covering).
62. Define solicitation in your state- (if it has been defined in your law book).
63. What happens in your state if the family doesn’t pick up the cremated remains from your funeral home? What is your legal recourse, if any?
64. Does your state require a crematory to also have refrigeration? If yes, describe it:
65. Does your state require a certain type of crematory unit? If yes, describe it:
66. What is a provisional license? How does it differ from the funeral director and resident trainee?
67. If you were going to change something about your states’ Board of Mortuary Science or Funeral Service laws, what would it be and WHY?