AR Funeral Juris flashcards
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- Arkansas funeral board
- The Arkansas Board of Embalmers and Funeral Directors regulates funeral directing and embalming under Arkansas Code Title 17, Chapter 32.
- Funeral director license requirements
- Must be 18+, have a high school diploma or GED, complete a mortuary science program, pass Arkansas law and national board exams, and complete a 12-month apprenticeship.
- Embalmer license requirements
- Must be 18+, have a high school diploma or GED, complete a mortuary science program, pass Arkansas law and national board exams, and complete a 12-month apprenticeship under a licensed embalmer.
- Establishment license requirements
- A funeral establishment must have a licensed funeral director in charge, a preparation room meeting board standards, and compliance with local zoning and health regulations.
- Continuing education requirement
- Funeral directors and embalmers must complete 12 hours of CE every two years, including at least 2 hours in Arkansas funeral law and 2 hours in ethics.
- License renewal cycle
- Licenses renew biennially by June 30 of odd-numbered years; late renewal incurs a penalty fee and may require reinstatement if lapsed over one year.
- Grounds for discipline
- Grounds include fraud, unlicensed practice, failure to maintain establishment standards, and conviction of a felony involving moral turpitude.
- Pre-need contract regulation
- Pre-need funeral contracts are governed by Arkansas Code § 23-14-101 et seq.; sellers must be licensed and funds must be placed in trust or insurance.
- Unprofessional conduct examples
- Soliciting business at a residence or hospital without invitation, paying or receiving commissions for referrals, and making false statements about services are prohibited.
- Board composition
- The Board consists of seven members appointed by the Governor: three licensed funeral directors, two licensed embalmers, one consumer member, and one member at large.
- Board meetings and quorum
- The Board meets at least quarterly; a quorum is a majority of members, and meetings are subject to the Arkansas Freedom of Information Act.
- License application process
- Applications must be submitted on board-approved forms with fees; incomplete applications are not processed and fees are non-refundable.
- Apprenticeship supervision
- The apprentice must be supervised by a licensed funeral director or embalmer, and the board must receive monthly reports of progress.
- Establishment inspections
- The board may conduct inspections of funeral establishments without prior notice to ensure compliance with preparation room and sanitation standards.
- Complaint filing procedure
- Complaints must be filed in writing and sworn; the board investigates and may hold a hearing under the Arkansas Administrative Procedure Act.
- Board penalties
- Penalties include reprimand, probation, suspension, revocation, and civil penalties up to $1,000 per violation.
- Advertising rules
- All advertising must include the name of the funeral establishment and may not be false or misleading; price lists must be available upon request.
- Recordkeeping requirements
- Establishments must maintain records of funerals, embalming, and pre-need contracts for at least five years and make them available to the board.
- License reciprocity
- The board may issue a license by reciprocity to an applicant licensed in another state with equivalent requirements, upon passing the Arkansas law exam.
- Temporary license
- Temporary licenses may be issued for a period not to exceed six months in cases of hardship, with board approval.
- Apprentice registration
- Must be filed with the board before the apprenticeship begins; the apprentice must be at least 18 and have a high school diploma or GED.
- Inactive license status
- A licensee may request inactive status and must pay a fee; inactive licensees may not practice and must meet CE requirements to reactivate.
- Display of licenses
- All licenses must be conspicuously displayed at the funeral establishment and available for inspection.
- Embalming requirement
- Embalming is required when the body will be publicly viewed, when required by law, or when transported across state lines by common carrier.
- Refrigeration alternative
- Refrigeration is an acceptable alternative to embalming if the body is held for less than 72 hours and not publicly viewed.
- Embalming authorization
- The funeral director must obtain a signed authorization for embalming and for disposition from the legally authorized person.
- General price list
- The funeral establishment must provide a written, itemized general price list at the beginning of any discussion of arrangements.
- Unclaimed remains
- The funeral director must follow Arkansas law, including holding remains for a specified period and attempting to contact next of kin before final disposition.
- Release of remains
- The funeral director must release the body to the legally authorized person upon request, subject to payment of outstanding charges for services already rendered.
- Confidentiality
- Funeral directors must maintain the confidentiality of all client information and may not disclose without consent, except as required by law.
- Professional conduct
- Funeral directors may not solicit business at hospitals or residences, may not pay referral fees, and must avoid conflicts of interest.
- Continuing education hours
- Licensees must complete 12 hours per biennium, including at least 2 hours in Arkansas funeral law and 2 hours in ethics.