LAW EXAM / TENNESSEE
FUNERAL LAWS RULES AND
REGULATIONS QUESTIONS AND
ANSWERS (LATEST)
What document must be given to all authorizing agents concerning
cremation? - ANSWERS-Written disclosures.
What must the cremation disclosure contain? - ANSWERS-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: - ANSWERS-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? - ANSWERS-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? - ANSWERS-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? -
ANSWERS-No.
What are the prerequisites for cremation? - ANSWERS-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? - ANSWERS-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? - ANSWERS-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
,This is the person who is legally entitled to authorize cremation,
funeral service, and dispositions. - ANSWERS-The authorizing agent.
What is a body part? - ANSWERS-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? - ANSWERS-It is a wood, metal, ornamental, lined
fabric and may or may not be combustible.
What is a temporary container? - ANSWERS-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?
- ANSWERS-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? - ANSWERS-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? - ANSWERS-Right
of Disposition. CREMATION
, Can a licensed funeral director authorize a cremation? - ANSWERS-
No.
This is the heating process where a body is reduced to bone fragments
by combustion or evaporation? - ANSWERS-Cremation.
This is the building that houses one or more cremation chambers; this
also includes the term "crematorium." - ANSWERS-Crematory.
Can a funeral director in Tennessee use an unlicensed crematory? -
ANSWERS-No.
Must all Tennessee crematories be licensed? - ANSWERS-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? -
ANSWERS-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.
23. What about caskets and cremation? - ANSWERS-You need to
cremate the entire body, casket, and items requested by THE
authorizing representative, but you can remove non-combustible
materials.