AL Funeral Juris flashcards
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- Minimum age for funeral director license
- An applicant for a funeral director license must be at least 18 years old, unless otherwise provided by state law.
- Apprenticeship requirement
- Before licensure, an applicant must complete a specified period of supervised training, typically one year or 2,000 hours, under a licensed funeral director or embalmer.
- Reciprocity or endorsement
- The Board may issue a license to an applicant who holds a valid license from another state if that state's requirements are substantially equivalent to this state's requirements.
- Funeral establishment manager
- Each funeral establishment must have a designated manager who is a licensed funeral director responsible for the establishment's compliance with laws and rules.
- Preparation room standards
- The preparation room must have impervious surfaces, adequate ventilation, running water, and sanitation equipment to safely embalm and prepare human remains.
- Refrigeration requirement
- A funeral establishment must have refrigeration available to hold a body if embalming is not performed within a specified time, often 24 hours after death.
- When embalming is required
- Embalming is required when a body will be transported by common carrier, held for more than 48 hours without refrigeration, or when required by law for communicable disease.
- Embalming authorization
- A licensed embalmer must obtain written or documented authorization from the legal next of kin or authorized person before embalming, except when authorized by law.
- Funeral director supervision
- A licensed funeral director must supervise all funeral services and ensure proper identification, handling, and disposition of human remains.
- Continuing education hours
- Licensees must complete a specified number of continuing education hours per renewal cycle, typically 12 hours biennially, including ethics and laws and rules.
- CE record retention
- Licensees must keep certificates or records of continuing education completion for a specified period, often three years, and provide them to the Board upon audit.
- Late renewal penalty
- A renewal application submitted after the expiration date may incur a late fee and may require evidence of continuing education before the license is renewed.
- Grounds for discipline
- Grounds include fraud, deceit, gross negligence, incompetence, unprofessional conduct, violation of laws or rules, and aiding or abetting unlicensed practice.
- Disciplinary actions
- The Board may impose reprimand, probation, suspension, revocation, fines, restitution, or require additional education as disciplinary measures.
- Hearing rights
- A licensee facing discipline is entitled to notice of charges and a hearing where they may be represented by counsel, present evidence, and cross-examine witnesses.
- Preneed contract disclosure
- A preneed contract must be in writing and disclose all terms, including price, goods and services, cancellation policy, and whether the price is guaranteed.
- Preneed trust funding
- Funds paid under a preneed contract must be deposited into a trust account or used to purchase insurance as required by law, with records maintained for inspection.
- Preneed cancellation rights
- A purchaser may cancel a preneed contract within a specified period for a full refund, and later cancellation may refund principal plus interest minus fees.
- Right to control disposition
- The right to control disposition goes to the surviving spouse, then adult children, parents, siblings, and other relatives in order of priority established by law.
- Designation of agent
- A person may designate an agent to control disposition through a written, notarized document, and the agent's authority supersedes that of other relatives.
- Unclaimed remains procedure
- After a specified period and reasonable efforts to locate next of kin, a funeral director may dispose of unclaimed remains according to law, often by cremation or burial.
- Cremation authorization
- Cremation requires written authorization from the legal next of kin or authorized person, and a waiting period may apply before cremation can proceed.
- Board composition
- The Board typically includes licensed funeral directors, embalmers, and public members appointed by the governor to staggered terms.
- Board rulemaking authority
- The Board may adopt rules under the state administrative procedure act, requiring public notice and a comment period before adoption.
- Board quorum
- A majority of the Board members constitutes a quorum for conducting official business and making decisions.
- License renewal cycle
- Funeral director and embalmer licenses must be renewed periodically, often annually or biennially, by submitting an application and fee by the expiration date.
- Establishment license display
- A funeral establishment must conspicuously display its license and maintain a current list of licensed personnel at the facility.
- Embalming communicable disease
- Embalming may be required by law when death results from a reportable communicable disease, to protect public health.
- Inactive license status
- A licensee may request inactive status, which prohibits practice but may allow reactivation upon meeting continuing education and fee requirements.
- Emergency suspension
- The Board may order an emergency suspension if there is an imminent threat to public health and safety, followed by a hearing within a specified time.
- Guaranteed preneed contract
- In a guaranteed preneed contract, the provider bears the risk of price increases and must provide the goods and services regardless of future costs.
- Custody of remains
- The funeral director has custody of remains for preparation and disposition but must follow the instructions of the legally authorized person.