TN LRR Study Guide 2023 with complete solution

This is the person who is legally entitled to authorize cremation, funeral service, and dispositions. The authorizing agent. What is a body part? A limb or other part of anatomy removed from a living person for medical purposes or donated or dead body parts to science. What is a casket? It is a wood, metal, ornamental, lined fabric and may or may not be combustible. What is a temporary container? For cremated remains it can be combustible made of cardboard, metal closed to stop leakage-spillage, and sufficient size to hold cremation This is a person who is eighteen (18) years of age and of sound mind? Qualified Adult. This means a legible written instrument signed by the decedent, acknowledged by a notary OR witnessed by two (2) persons who are qualified adults? Disposition directions. This means the right to determine the disposition of the remains of a decedent including the location, manner, and conditions of disposition and arrangements for funeral goods and services? Right of Disposition. CREMATION Can a licensed funeral director authorize a cremation? No. This is the heating process where a body is reduced to bone fragments by combustion or evaporation? Cremation. This is the building that houses one or more cremation chambers; this also includes the term "crematorium." Crematory. Can a funeral director in Tennessee use an unlicensed crematory? No. Must all Tennessee crematories be licensed? Yes, and by the State Board and out of state crematories used by Tennessee LFD's. What steps must any funeral director take before using a crematory? Determine its license, determine any out of state license, obtain a copy of the current license, and obtain a copy of their current inspection by the state where the crematory is located. What document must be given to all authorizing agents concerning cremation? Written disclosures. What must the cremation disclosure contain? Name, phone, address of crematory and funeral home in or out of state, specific consent of authorizing agency, signed and dated by the authorizing agent and funeral director. This document is for retention by funeral director, the funeral establishment and the authorizing agent. What about funeral director liability in cremation - the funeral director is NOT liable for errors, inaccuracies, omissions of information if the: Error was based on inaccurate and/or omitted information provided by any public agency or individuals if the Funeral director was not grossly negligent in obtaining information from the third party. What is an affirmative defense for funeral directors concerning cremation? When and if the funeral director has complied with all requirements (i.e. signed consent, copy of crematory inspections both in and out of state). What is the rule concerning identification of non-funeral home vehicles taking remains to a crematory? Any vehicle, other than funeral home vehicles with their funeral home name on the vehicle, must display the current crematory license which must be visible from the outside while the body is inside the vehicle. Are donated bodies to the medical school under the cremation rule? No. What are the prerequisites for cremation? Cremation authorization form signed by the ones with the right of disposition, sign off by the medical examiner (for the death certificate), and a cremation permit from the Department of Health. 21. What are the crematory operator's duties? Schedule cremation (at own convenience) after all authorizations have been met. ONCE THE BODY HAS BEEN DELIVERED IT IS NOW THE RESPONSIBILITY OF THE CREMATION OPERATOR. 22. How are bodies stored before cremation? If the body is not embalmed place in holding/refrigeration unit until near the time of the cremation. If it is longer than 8 hours the case must be refrigerated. If the body is embalmed it can remain in the holding facility. 5 23. What about caskets and cremation? You need to cremate the entire body, casket, and items requested by THE authorizing representative, but you can remove non-combustible materials. 24. What about simultaneous cremations? One body or one body part at a time. One decedent in one cremation chamber. If you have multiple chambers you can have multiple cremations. 25. Who can witness cremations? Cremation employees, LFD, designee of LFD, people allowed by descendants, heirs. 26. Can a cremation operator remove gold, body parts, or valuables from the body? No unless acting under specific instructions from authorizing agent. 27. Can you make a charge for removing metals, gold, etc.? Yes, but the charge cannot exceed the actual cost of the removal, shipping and recycling - no profit. 28. What if all the cremains do not fit? If too much is in the urn selected or temporary container, place the remainder in a separate temporary container. 29. Can you claim that all the cremains are in the urn when they are not? No 30. Must cremains be shipped with tracking abilities and signed for upon arrival? Yes, must also have an internal tracking system. 31. Can you use a crematory chamber to cremate humans and animals? No. 32. Can you intentionally commingle cremains? No, unless there is written family permission. 33. Can you place more than one cremains of different people in an urn or temp container? No, unless there is written family permission. 34. Can you commingle cremains, share an urn, with the approval of the heir to make such decisions? Yes. 35. Must you use a written cremation receipt? Yes. 36. Must the cremation receipt be signed by both the crematory representative and person delivering the body? Yes. 6 37. The cremation receipt for delivery and receiving must indicate the following: Name, date/time of delivery, type of casket, name of delivery person, name of funeral home, name of crematory representative and recipient, AND IF AT MEDICAL SCHOOL THE NAME OF THE PERSON ON BEHALF OF THE FACILITY. 38. What information is required on the receipt for releasing and receiving a cremated remains container? Name of decedent, date and time of release, funeral/cemetery to be released, name of person released to. Name of the person from the crematory who actually released the cremains. 39. How long are cremation documents to be kept and what needs to be included in these documents? Seven (7) years, and must contain a copy of each receipt of delivery and acceptance, record of each cremation and name of decedent, date and time of cremation, LIST OF BODY PARTS OF LIVING PERSON, separate record for cremains removed and commingled or scattered. Form of cremains disposition. 40. Can the State inspect these records? Yes, any time. 41. Can a funeral director remove devices and implants? Yes with reasonable precautions and with approval of the family. 42. The crematory is NOT liable for a cremation if the following are followed: Followed instructions of heirs, cremated living body parts with instruction, failure to correctly ID body prior to cremation, this is the funeral directors responsibility, for any gold, jewelry delivered and left with body. 43. Can a crematory refuse a cremation? Yes, if a dispute has happened and no court order has been received ordering cremation. Also if it has a reasonable basis for questioning the accuracy of the information, or any other lawful reason. 44. Can a crematory operator require a casket? No. 45. Can a crematory operator require combustible material? Yes. 46. Who can delay a cremation? Signer of D.C., Law, EMT, and District Attorney if immediately prior to death they attended the deceased and has cause to stop the cremation - this request must be a written statement of cause. 47. Must you have a crematory license from the board? Yes. 48. Must a crematory be inspected? Yes, by the board, the health department, TDEC (TN Dept. of Environment and Conservation) and local ordinances. 49. Must be supervised by a LFD who supervises the placement in the container? Yes. 50. What about all cremation forms? They must be approved by the board. 51. Can the state inspect crematories? Yes, both the crematory and records anytime. FUNERAL DIRECTING AND EMBALMING 52. This is the preservation, disinfection, restoration or attempted preservation by chemicals externally or internally applied? Embalming. 53. This is the directing/supervising or preparing the dead for disposition other than embalming? Funeral directing. 54. This is the making of arrangements, providing funeral services, selling merchandise, making financial arrangements and rendering services? Funeral directing. 55. This is providing a place for the preparation of the dead? Funeral directing. 56. This is the use of the terms, funeral director, undertaker, mortician, funeral parlor, funeral chapel? Funeral directing. 57. Is it against the law to hold oneself out as a funeral director, if not licensed? Yes. 58. What is exempted from the definition of funeral directing? The sale, maintenance, beautification of graves, the installation of markers, the opening/closing of graves, of crypts, providing equipment for final interment/entombment of casketed remains or cremains. The sale and maintenance of crypts and above ground mausoleum crypts. 59. What is the license? Funeral director or embalmer issued by the State Board. 60. What is a trainee/apprentice? This is a person who is learning to practice funeral directing and/or embalming under the "PERSONAL SUPERVISION" and instruction of a licensed funeral director in Tennessee. 61. What about religious exemptions from the funeral law? No one can interfere with a group or committee or denomination in the preparation of their dead if the group or committee does not charge. 62. What are the steps in applying for a funeral director's license? Verified under oath and must be 18 years of age, a citizen, of good moral character, PROTECTED AGAINST COMMUNICABLE DISEASES, high school diploma (or equivalent), mortuary college, 1 year of apprenticeship. The apprenticeship requires an apprentice registration, a sponsor, and quarterly reports to the Board. 63. What are the two paths available in Tennessee to become a licensed funeral director? The first is the associate degree path from an accredited college of Mortuary Science with a one year apprenticeship. The second is a two year apprenticeship with a 30 semester academic program in an accredited mortuary college. 64. Must all licenses by displayed? Yes in a conspicuous place in the office, and duplicates must be in all branches and locations. 65. What are the steps in applying for an embalmers license? 18 years of age, citizen, good moral character, verified under oath high school diploma or equivalent, 60 semester hours of Mortuary College, PROTECTED AGAINST COMMUNICABLE DISEASED, and one year internship. The apprenticeship requires an apprentice registration, a sponsor, and quarterly reports to the Board. 66. What happens if an apprentice submits quarterly reports late? The Board will not accept the time and that quarter must be repeated. 67. What is the passing rate on all exams? 75%. 68. Can you give the impression of staff being licensed when they are not? No. 69. Can you transfer a license? No. 70. What is the licensing period? 2 years for all Board licenses. 71. Can you get a duplicate license? Yes, for $30.00 each. 72. What happens when a license is not renewed? You will be notified by the Director, you have 60 days to pay penalty, after 60 days you must reapply for the initial license. 73. What are the grounds for revocation of a license? Egregious violations. Egregious violations include: Fraud in application, felony conviction, moral turpitude, willful violations of funeral law, immoral professional 9 conduct, drunk, addictions, refusal to promptly surrender custody of the body, soliciting funerals (pre-need is acceptable solicitation), fraud in conduct of business, false advertising, taking rebates, using used merchandise (can happen with a new interior), false statements on the death certificate, violation of preneed rules, making false statements about requiring embalming, charging for Identification device for burials and/or cremations. 74. What is the minimum age for a registered funeral/embalmer apprentice? 16. 75. What is the funeral/embalmer apprentice minimum work week? 40 hours and under the direct supervision and instruction of a LFD and LE. 76. What is the minimum age and work week for an embalming apprentice? 16, and 40 hour work week as a full time paid assistant under the direct supervision and instruction of a Tenn. LFD and LE in a Tenn. Licensed funeral establishment. 77. What is a passing score? 75% for all examinations. 78. What is the fee for Embalmer/F.D. apprenticeship registration? $50.00 for each. 79. What is the fee for application for F.D. and embalmers license? $200.00 each. 80. What is the renewal fee for F.D. and embalmers? $235.00 with a $200.00 late penalty for each. 81. What is the fee for F.D./embalmers licenses? $235.00 each. 82. What prohibitions are placed on unlicensed assistants? MUST BE UNDER THE DIRECT SUPERVISION AND INSTRUCTION OF A FUNERAL DIRECTOR WHICH MEANS THE PHYSICAL PRESENCE IS REQUIRED OF A LICENSED FUNERAL DIRECTOR FOR AN UNLICENSED PERSON TO ASSIST ON A FUNERAL IN ORDER TO NEGOTIATE, SELL MERCHANDISE, FORM AGREEMENTS AND COORDINATE AND CONDUCT ALL PUBLIC/POST DEATH RITE, CEREMONIES AND DIRECTION REGARDLESS OF THE FORM OF FINAL DISPOSITION. 83. Allowing an unlicensed assistant to work alone is deemed? Unprofessional, unless the LFD was present with the funeral buyer and unlicensed person. 84. What does the funeral directors signature mean in working with unlicensed people? It means that the Licensed Funeral Director actually directed, supervised and instructed everything. 85. Must a funeral director comply with the FTC? Yes. 10 FUNERAL HOME 86. What is a funeral establishment? It is a business, proprietorship, partnership, firm, establishment, association, corporation engaged in arranging, directing, supervising funerals for profit. Preparation for burial, disposition of the dead, and provide a place for preparation or care of the dead. 87. What must be done to apply for a funeral home establishment license? Pay the fee, the application is verified under oath, the name location or locations must be listed with names and addresses of all full time and part time (designate such) employees and licensees, plus the number of total employees. 88. What are the two major state associations? The Tennessee Funeral Directors Association, and the Tennessee Funeral Directors and Morticians Association. 89. What is required to be on all funeral merchandise? In a conspicuous place a description of the gauge, and materials. 90. What is the penalty for having no description on a casket? Not less than $100.00 or more than $500.00, or imprisoned for not less than 10 days or not more than 90 days. 91. Can a business injunction be brought against a funeral home for violations of the casket description law? Yes. 92. Describe the law concerning funeral homes using special price advertising? Somewhere in the ad the list of itemized services and prices for these services must be listed individually. 93. How does the Board view noncompliance with the price advertising issue? It is viewed as fraud and misrepresentation. 94. Must the funeral home manager be licensed? Yes. 95. What staffing is required for all funeral homes? One full time funeral director and one in attendance embalmer. 96. What are the preparation room requirements? Title, cement/composition floor, drainage, ventilation, necessary instruments and supplies. 97. What is the ID rule? Attach a permanent ID on the ankle preferably, which lists the deceased name, date of birth, date of death, Social Security number - if any of this is unavailable state so 11 on the ID device. In cremation, place this ID device in the bottom of the urn before the cremains are placed. 98. Can you charge for placing a permanent identification on a body? No. 99. Must you have an establishment license ready for inspection? Yes, hanging in the office. 100. Can a funeral home cremate medical waste? No, only if appointed medical school representatives deal with the funeral 101. What is the application fee for a funeral establishment? $575.00. 102. What is the renewal fee for funeral establishments? $575.00 with a $200.00 late penalty. 103. What is the reciprocity fee for funeral director and embalmer? $200.00 each, final license $100.00 each. 104. What is the charge for duplicate licenses? $30.00. 105. What is the fee for re-inspection? $200.00. 106. What is the fee for change in ownership? $575.00. 107. What is the fee for change of location? $575.00. 108. What must be done with multiple locations? Designate in writing to the Board the name and address of every LFD in employ and the address of the place where the funeral home is under his direction and supervision. 109. What needs to be done in the instance of branches? Notify the Board before the opening with the name and address of the supervisor. 110. What must happen concerning any changes to locations, managers, branches? Identify the LFD in charge and the name and location of the funeral establishment and the addresses of any license holder issued by the Board. Must notify Board within 10 days of all changes. New owners will have 60 days to request a new license for the funeral home. 111. What happens when the owner of the funeral home dies, and the succession is contested in probate court? The new owners must appear 60 days after the probate court order adjudicating such license. 12 112. What happens when new owners fail to appear before the Board? The Board can assess a civil penalty not to exceed 1000.00 for each violation each day constitutes a separate violation. However the Board may consider economic impact of the new owners, special circumstances, public safety and interests. 113. What is the rule concerning cash advances? You must charge dollar for dollar unless a discount is taken. You must disclose the discount to the client, but YOU ARE NOT REQUIRED TO PASS THE DISCOUNT ON. 114. In Tennessee can a qualified adult, by entering into a disposition directions or pre-need contract, direct the location, manner and conditions of disposition and the arrangements for funeral goods and services to be provided? Yes. 115. In Tennessee if there are insufficient funds to carry out the funeral and disposition arrangements set forth in the disposition directions, can the disposition directions be cancelled? Yes it can. 116. In the absence of disposition directions or a pre-need funeral contract, list the persons in order who are vested in the responsibility of assuming the rights of disposition, providing that this person is a qualified adult: An attorney designated in a durable power of attorney (there are specific qualifiers however.) B. The surviving spouse. C. The sole surviving child of the decedent. (See question concerning the ½ rule.) D. Surviving parent of the decedent. (See question 203 concerning the ½ rule.) E. Surviving siblings of the decedent. (See question 203 concerning the ½ rule.) F. Surviving grandchild of the decedent. (See question 203 concerning the ½ rule.) G. Surviving grandparent of the decedent. (See question 203 concerning the ½ rule.) H. Guardian of the decedent, if one had been appointed. I. Personal representative of the estate of the decedent. J. The person in the classes of the next degree of kinship (cousins, aunts, uncles, etc.) in descending order under the Tennessee laws of descent and distribution to inherit the estate of the decedent. (This will involve lawyers and probate.) K. The State of Tennessee, the County, a municipality. L. Any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, this can include: 1. Religious organizations. 2. Friends. 3. Fraternal organizations. 4. Philanthropists. 13 5. Charity organizations. 6. Funeral Directors. 117. WHAT IS THE "½" QUALIFICATION CONCERNING RIGHTS OF DISPOSITION? Basically the ½ rule states: If there is more than one of the above persons, for example 6 children, or 10 siblings, then final disposition decisions can be made with a simple majority. However to be vested, the qualified adults involved must have made reasonable efforts to notify all other surviving relations of equal kinship (siblings searching for siblings) of the disposition directions and also that the majority are not aware of any opposition to those instructions on the part of more than one half (1/2) of the qualified adults involved. 118. ARE THERE CIRCUMSTANCES IN THE STATE OF TENNESSEE WHEN THE RIGHT OF DISPOSITION OF THE REMAINS ARE FORFEITED? Yes. A person convicted of an offense can forfeit this right. Also any person who does not exercise the right of disposition within 72 hours of notification of the death of the person or within 168 hours of the decedent's death whichever is earlier. 119. WHEN MAKING A DECISION BY MAJORITY VOTE AS REGARDING THE DISPOSITION OF THE DECEDENT'S REMAINS WHEN IS THE RECOURSE? File a petition asking the court with probate jurisdiction to make a determination in the matter. 120. CAN A LICENSED FUNERAL HOME IN TENNESSEE FILE THIS TYPE OF PETITION WITH THE PROBATE COURT? Yes. 121. NO ONE IS AGREEING ON ANYTHING. THE FUNERAL HOME HAS THE DECEDENT. THE CLOCK IS TICKING. IS THE FUNERAL HOME LIABLE FOR REFUSING TO ACCEPT, INTER OR OTHERWISE DISPOSE OF THE REMAINS OF THE DECEDENT UNTIL THE FUNERAL HOME RECEIVES THE COURT ORDER ANNOUNCING THE DECISION? No the funeral home is NOT liable. 122. DURING THE TIME PERIOD WHEN THERE IS NO AUTHORIZED DIRECTIVE, CAN THE FUNERAL HOME SHELTER, REFRIGERATE OR EMBALM THE DECEDENT IN ORDER TO PRESERVE THE DECEDENT WHILE WAITING FOR THE PROBATE COURT DECISION? Yes. However the funeral home cannot charge for the embalming unless it was expressly agreed to by the parties involved. This is a FTC rule. 123. IS A TENNESSEE FUNERAL HOME RESPONSIBLE FOR CONTACTING OR INDEPENDENTLY INVESTIGATING THE EXISTENCE OF ANY NEXT-OF-KIN OR RELATIVE OF THE DECEDENT? No. 14 124. IF THE FUNERAL HOME RELIES UPON GOOD FAITH UPON THE DISPOSITION DIRECTIONS OF THE DECEDENT AND/OR THE QUALIFIED ADULT EXERCISING THE RIGHT OF DISPOSITION, IS THE FUNERAL ESTABLISHMENT LIABLE? No. If the funeral home acts in good faith upon instructions of a person claiming the right of disposition there is no criminal or civil liability. THE TENNESSEE STATE BOARD 125. Who prosecutes funeral law violations? Duty of the district attorney general and the State Board. 126. What act oversees and governs the State Board when it prosecutes violations? Uniform Administration Procedures Act. 127. Describe the law concerning funeral homes using special price advertising? Somewhere in the ad the list of itemized services and prices for these services must be listed individually. 128. How does the Board view noncompliance with the price advertising issue? It is viewed as fraud and misrepresentation. 129. How many board members are there? 7. 130. What are the qualifications to be on the State Board? Good moral character, resident of the state, appointed by the Governor. 131. What is the composite makeup of the members of the State Board? There is created a state board to be known and designated as the board of funeral directors and embalmers for this state. The board shall consist of seven (7) members. Four (4) of the members shall be licensed as both funeral directors and embalmers and two (2) of the members shall be licensed as funeral directors, embalmers, or both, all of whom shall possess a minimum of five (5) consecutive years' experience in this state immediately preceding their appointment. One (1) of the seven (7) members serving on the board shall be a person who is not engaged in the business of a funeral director or embalmer or otherwise commercially associated with any funeral establishment. There shall be at least two (2) members but no more than three (3) members from each grand division (West, Middle, and East). In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. 132. How do TFDA and the TFD&M Association participate in Board selection? Each association submits three candidates to the Governor. The Governor will pick one candidate from each association as new members. 133. How many lay or public members are on the Board? One. 15 134. How many members are there from each Grand Division? 2 but not more than 3. 135. What other considerations are there with the makeup of the Board? The governor strives for one member over 60, and one member from a minority. 136. When are board members appointed? January 1 of each year. 137. How long is the term in office of the Board? 4 years. 138. What retirement provisions are on the Board? One member retires at the end of each year to create a rotation. 139. What about reappointment to the Board? Must wait for one term to pass to be eligible. 140. Must the board members take an oath? Yes, it is the state officer oath. 141. Can the Board elect a President? Yes. 142. How many Board members make up a quorum? Four or more. 143. What is done with the Board fees? It is used to defray expenses in administration of the Board. 144. Can you give the impression of staff being licensed when they are not? No. 145. Can you transfer a license? No. 146. What is the licensing period? 2 years for all Board licenses. 147. Can you get a duplicate license? Yes, for $30.00 each. 148. What are the duties of the Commissioner? Conducts annual audits, charges for the audits, and can impose civil penalties for violations ranging from $25.00 to $1000.00 per violation per day 149. Can the Board offer assistance to someone preparing to take an examination? No. 150. Can the commissioner hold annual audits? Yes. The fee is $300.00 per day per auditor billed to the contract seller in increments of not less than ½ day. They are held annually. You have 60 days to pay this bill after receiving the invoice. 16 BURIAL TRUSTS/INSURANCE/PRENEED