Download VA LRR FUNERAL DIRECTING CHAPTER 28 QUESTIONS AND ANSWERS NEWEST 2025/2026 UPDATE and more Exams Law in PDF only on Docsity!
advertisemnt - ANSWER any information disseminated or placed before the public at-need - ANSWER at the time of death or while death is imminent board - ANSWER the board of funeral directors and emablmers cremate - ANSWER to reduce a dead human body to ashes and bone fragments by the action of fire cremator - ANSWER person or establishment that owns or operates a crematory or crematorium or cremates dead human bodies crematory/crematorium - ANSWER facility containing a furnace for cremation of dead human bodies embalmer - ANSWER any person engaged in the practice of embalming embalming ANSWER the process of chemically treating the dead human body by arterial injection and cavity treatment, or when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition
VA LRR FUNERAL DIRECTING CHAPTER
28 QUESTIONS AND ANSWERS NEWEST
2025/2026 UPDATE
funeral director - ANSWER any person engaged in the practice of funeral directing funeral service establishment - ANSWER any main establishment, branch, or chapel that is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services or the act of emabalming is performed funeral service intern-ANSWER one who is preparing for licensure in the practice of funeral services working under the direct supervisor of a practitioner licensed by the Board. funeral service licensee - ANSWER any person who has a valid license for the practice of funeral service In-Person- communication-ANSWER - a face to face, or by means of voice reflection such as, a phone call, by video screen etc. next of kin - ANSWER any of the following, regardless of relationship to decedent: legal spouse, child aged 18 years or older, parent of a decedent aged 18 years or older, custodial or noncustodial parent of decedent younger than 18 years of age, siblings over 18 years of age, guardian of minor child, guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age, paternal siblings over 18 years of age, or any other realtive in descending order of blood relationship funeral directing - ANSWER the for-profit profession of directing or supervising funerals, preparing human dead fro burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services
How many members are on the board? How long do they serve?When do terms expire? How often do they meet? - ANSWER 9 members (7 funeral service licensees with 5 consecutive years of service), 4 years, June 30, at least 2 meetings a year (5 members shall be a quorum) who has licensing authority - ANSWER The Board of Funeral Directors and Embalmers, shall determine qualifications to engage in practice. What are the powers and duties of the board? - ANSWER 1. est. standards of service and practice
- regulate and inspect funeral service est. and their operations/licenses
- require licensees and interns to submit all information relevant to practice/business
- enforces the relevant regulations of the Board of Health
- enforce local ordinances relating to the funeral service est.
- advise the Dept. of Health Professions of any training appropriate for inspectors serving as the boards agents
- est., supervise, regulate and control, in accordance with the law, programs for funeral service interns
- est. standards for an approve schools of mortuary science and funeral service
- regulate preneed funeral contracts and trust accounts IE. forms, disclosure agreements, and disclosure forms, reasonable bonds to insure performance of contracts
- review crematories & operations license to practice as a funeral service director-ANSWER 18 years of age, high school, completed a funeral service internship as prescribed by the board regulations, graduated from an accredited school of mortuary science or funeral service and have passed the examination for licensure
what are some grounds for refusal, suspension, or revocation of a license? - ANSWER 1. conviction of a felony
- unprofessional conduct likely to defraud/deceive
- misrepresentation/fraud in the profession of funeral service or in obtaining/renewing a license
- false/misleading advertising or solicitation
- solicitation at-need or any preneed solicitation using in person communication
- employment of Cappers, Steerers or solicitors
- employment/payment of individuals fro the influence of dead human bodies
- direct/indirect payment to individuals for the securing of business
- use of alcohol/drugs that it will inhibit practice
- aiding and abetting an unlicensed person in practice
- using profane,indecent or obscene language within immediate hearing of a family
- solicitation or acceptance of commission/rebate in recommending or causing a dead human body to be disposed of in a certain place.
- violation of any statute, ordinance, or regulation affecting the handling, custody, care, or transportation of an individual
- refusing to surrender promptly the custody of a dead human body upon express order of the one lawfully in charge
- knowingly making a false statement on a death certificate
- violation of any provision of chapter 7 Can you act as a funeral director, embalmer, or preneed sale without a license - ANSWER it is unlawfull, acting as one of these is recognized as a health profession
what happens when there is no next of kin - ANSWER a person delegated to make arrangements, an agent named in an advance directive, or any guardian appointed who may exercise the powers conferred in the order of appointment or refusal of NOK to accept, then any other person age 18 who can provide positive identification and is willing to pay may be authorized to make such arrangements( funeral service est. shall be immune from civil liability) when someone has an infectious disease what confidentiality is required - ANSWER any information received by any person practicing funeral service shall be confidential, disclosure of such information shall be grounds fro disciplinary action. This shall not constitute grounds for refusal of the body. what happens to cremains that are not picked up? - ANSWER by the funeral director may dispose them through Cemetery, inurnment, emtombment or scattering them if after 120 days from date of cremation, shall maintain a permanent record on all cremains that identifies the method and site of the final disposition. The cost and expenses be born by the contracting agent. Upon the disposition the funeral director shall not be liable for the cremains or the method of final disposition. No funeral director shall, without written consent, comingle cremains unless by scattering at sea, air or in an area used for such purpose. what happens to the unclaimed cremains of a veteran - ANSWER if the contracting agent has not claimed them within 90 days, funeral director may provide information to the department of veteran services to determine what happens when the NOK disagree - ANSWER petition the circuit court where the decedent resided at the time of death to determine which one shall have authority, the court may require notice to and the convening of such NOK as it deems proper. The court shall take into consideration the expressed wishes of the deceased, the legal and actual relationship between or among the NOK and such other relevant factors.
how can one become a licensed funeral establishment? when do they expire? What if someone violates regulations for an est.? - ANSWER must have a manager of record, who is full time and licensed. Applications shall be made on forms provided by the board and filed by the owner or registered agent. they expire on March 31 each year, may be renewed within 30 days of its expiration, outside of that shall be at the discretion of the board. Violation shall be sufficient cause for the revocation or suspension of a license. An operator shall not allow any person to operate out of his est. unless he is registered or employed there. If the Manager of record is unable to provide adequate supervision, direction, management and control of the funeral establishment what can be done? ANSWER the owner may designate a funeral service licensee to serve as temporary manager. they must notify the board within 14 days. if such inability is going to exceed 90 days a new manager shall be appointed. If a new one is not designated they may not operate as a funeral establishment. What conditions can mark a hardship waiver? ANSWER The two establishments have been in operation for at least 3 years, combined average calls of 85 per year as submitted in the Vital report monthly i.e. past 3 years submitted, the distance between them should be less than 50 miles. What are some requirements of a funeral service facility - ANSWER preparation room equipped with tile, cement, or other waterproof floor, proper eligibility to determine if they are eligible veteran, the information provided shall be exempt from the freedom of information act. the Department of veterans services shall notify the funeral home withing 45 days of the whether they are eligible or not, if eligible director may transfer cremains for burial. No disposition of veteran or eligible dependent shall be made unless info has been sent to dept. of veterans services, if so director may be liable fro civil negligence.
Where to provide the itemized statement? - ANSWER It shall be provided to the person contracting the arrangements at he time they are made or no later than the final day of disposition. What shall the examinations for funeral service practice entail? - ANSWER basic and health sciences including anatomy, chemistry, bacteriology, pathology, hygiene and public health. Funeral service arts and sciences including embalming and restorative art. funeral service administration including accounting, funeral law, psychology, and funeral principles, directing and management. Registering as a cremator - ANSWER must be registered to cremate a body, only required to be registered a funeral service establishment if the offer services to the public. any violation of chapter 28 provisions may subject a cremator to? - ANSWER refusal to issue or renew a license or if the find that the operation endangers the health,safety, or welfare of the public. how may someone apply for licensure - ANSWER fill out prescribed form from the board, licenses shall be issued or renewed for a period prescribed by the board, not to exceed 2 years. What must be included on the itemized statement? - ANSWER casket, other funeral merchandise, vault or other burial receptacle, facilities used, transportation cost, embalming, preparation of the body, other professional services used and disclosure statements required by the federal trade commission, which shall be set forth in clear and conspicuous manner and cash advances
What are the continuing education requirements - ANSWER 5 hours per year, covering compliance with federal or state laws and regulations governing the profession, and at least on hour covering preneed funeral arrangements. the board shall not approve credit for courses that promote/ sell or offer goods, products or services to funeral homes. what shall continuing education course providers furninsh to students? - ANSWER written certificate to licensees of the board attending and completing respective courses, indicating he satisfactory completion. eachcourse provider shall retain records of all persons attending and those completing for 2 years. how long must a licensee maintain their continuing ed certificates - ANSWER 2 years, the board may request licensees or providers to furnish copies of such records can anyone get a waiver for continuing ED - ANSWER the board may grant exemptions or waivers in cases of certified illness or undue hardship How does one apply for an internship in a funeral service? - ANSWER application form from the board, high school diploma or equivalent may approve an intern with felony conviction, at discretion if all sentencing conditions successfully completed ), shall deny a person convicted of embezzlement What happens if a licensee fails to renew in time? ANSWER if the form has not been submitted prior to expiration it will automatically expire. The board will notify the licensee of this and the reinstatement requirements. The board shall reinstate within 30 with the submitted from and fee, after that will be at the discretion of the board.
How many funeral service interns may be registered under the same supervisor?
- ANSWER no more than 2, Each sponsor must be actively employed orr under contract. Where are licenses to be displayed? - ANSWER in a place conspicuous to the public. What are the requirements before cremation may take place? - ANSWER 1. permission from the chief medical examiner
- visual identification of the deceased by NOK or representative
- authorization for cremation form
- signed death certificate Can a funeral service establishment, licensee, crematory be held liable for the incapability to restore a deceased after organ or tissue donations? - ANSWER no, they shall be immune from civil liability from any failure to restore such decedent's features Who may apply for a position in a surface transportation establishment? - ANSWER Any person or private carrier shall apply for and obtain registration - Exemption: common carrier in interstate commerce, the commonwealth and its agencies or an emergency medical transport service bearing a permit of the What if a intern does not complete requirements within 5 years? - ANSWER the board may deny any additional internship. The intern may continue to practice for up to 90 days after the completion of the internship or until he has received his results. The board may waive such limitation for military personnel, when application for the waiver has been written out within 6 months of leaving service or if the board determines that the enforcement of time will be an unreasonable hardship.
Who regulates surface transportation services? - ANSWER the board ie proper procedures for handling, application process, est. of registration fees. Shall not require sue of a casket. No licensed funeral service est. shall be required to receive such registration but they will be held to the same standards and regulations. What information is needed for the application for a surface transportation service? - ANSWER name of manager of record(notify the board within 30 days of changes). Renew annually and no business or private individuals shall engage in this without a registration. Any such person shall be subject to disciplinary action. What are some regulations for preneed funeral contracts? - ANSWER 1. use forms by the board and written in clear, understandable language and printed in easy to read letter.
- ID's seller, license number, and contract buyer and the person for whom the contract is for.
- contains a complete description of supplies and services
- clearly discloses whether the price is guaranteed
- if funds are to be trusted, the amount in trust, name of trustee, disposition of interest, the fees. expenses and taxes which may be deducted from the interest and a statement of the buyers repsonsibility
- name address and telephone number of the board and list then=m as the regulatory agency
- any person who makes payment may cancel agreement; within 30 days all consideration paid or delivered, together with any interest or income accrued. if after 30 days the purchaser shall be refunded any amounts required to be deposited together with any interest or income accrued. commissioner of health They Shall not arrange/conduct funerals, sell merchandise, or embalm without a place of preparation license
What if a person wants to buy/store goods before dying? - ANSWER: The risk of damage or loss during the time of storage shall lie with the seller What happens to the money deposited for a pre-need contract - ANSWER person receiving funds must deposit them within 30 days unless, such amounts are paid to fund either an annuity or insurance policy which will be used to purchase the funeral supplies or services contracted for. All funds or 90% shall be deposited for items for which the price is guaranteed, in a special account of a bank or savings institution in the commonwealth. The funds shall be in a separate identifiable account with the names of the depositor, the trustee, name of the person who will render the funeral services and the name f the person who is the subject of the contract. Can a funeral director, embalmer or funeral service licensee or owner of such establishment or person employed them be named as a trustee of a trust account by which such person, or establishment be named the provider of services? ANSWER - no person, or any funeral est. owned by or employing such person or in which such person has an interest has been named the beneficiary or designated the provider of services, unless 2 or more serve as trustees and are required to act jointly in such fiduciary capacity. They may be an incorporated asc. authorized to sell burial asc. group life ins. where their principal purpose is to assist its members
- th effect on he preneed contract of i) any changes in life insurance/annuity including assignment, beneficiary designation, or use of proceeds ii) any penalties to be incurred or moneys to be recieved as a result of cancellation or surrender of life insurance/annuity iv)all relevent info concerning what occurs and whether entitlements or obligations arise if there is a difference between the proceeds of life insurance policy/annuity contract and the amount actually needed to fudn the contract What if someone wants to pay for the pre-arrangements with property - ANSWER the contract shalll be recorded as an attachment to he deed whereby such real estate is conveyed, the deed shall be recorded in the clerks office of the circuit court of the city or county where the real estate is located
any money, personal property or real property, paid, delivered, or conveyed shall be exempt from? - ANSWER levy, garnishment, or distress within 30 days following the receipt of any personal property other than money pursuent to any preneed funeral ocntract, the person receiving it, if title thereto is transferred, or the person making such delivery, if title therto is not transferred, shall? ANSWER execute in writing a declaration of trust setting forth all the terms, conditions and considerations upon which the personal property is delivered, which shall be acknowledged in the same manner as the contract and recorded in the clerks office of the circuit court of the city/county in which the person delivering the personal prop. resides; provided that if such terms, conditions, and considerations are contained in the preneed funeral contract, the contract shall be recorded Any individual may designate in an authenticated writing, which has been accepted in a writing by the person so designated, one shall arrange and otherwise be responsible for his funeral and the disposition of his remains, including cremation, interment, entombment, or other memorialization upon his death.
ANSWER Such designee shall have priority over all persons otherwise entitled to make such arrangements. a copy will be furnished the funeral service establishment within 48 hours after the est. has received the remains. nothing shall preclude the NOK from paying any cost associated with any funeral or i) financial planning for their funerals and burials ii) obtaining insurance for the payment in whole or in part What records shall be maintained for each preneed funeral arrangement? - ANSWER must be maintained on the premises of the funeral est. providing the preneed services and supplies except that preneed records of funeral est. under common ownership, control, or management may be maintained at a single location.
