Professional Ethics and Scope of Practice
Scope of practice is an ethics rule
The cleanest ethics questions on this exam are scope questions. A licensee may perform only the activities authorized by the license held:
- A funeral director may arrange and direct funerals but may not embalm unless also licensed as an embalmer.
- An embalmer may embalm but may not arrange or direct a funeral unless also licensed as a funeral director.
- A direct disposer may arrange direct disposition but may not embalm or conduct a funeral service, memorial service, or viewing.
- Interns may perform only supervised tasks; they cannot be the person in charge or hold themselves out as fully licensed.
Ethical duties
- Truthful advertising and pricing: no false claims about prices, services, or qualifications; itemize as required; disclose fees before work.
- Fiduciary handling: trust funds, prepaid funds, and client valuables must be safeguarded; no commingling and no unauthorized use.
- No kickbacks or referral fees. Paying a hospital, hospice, nursing home, or clergyperson for referrals improperly influences consumer choice and is prohibited.
- Informed authorization: embalming, cremation, and disposition require proper authorization from the legally authorized person; do not pressure a grieving family.
- Dignity and confidentiality: remains must be treated with respect; client information should be shared only as needed for the arrangement or as required by law.
- Do not aid unlicensed practice. Allowing an unlicensed employee to arrange funerals or embalm exposes both the employee and the licensee.
Worked example
A funeral home owner agrees to pay a hospice social worker $75 for each family referred to the home. The arrangement is an improper referral fee. The family's choice is being purchased, and the social worker's fiduciary role is compromised. Even if the family is satisfied, the payment violates the ethics standards and can support discipline for the funeral home and the licensee involved. The same analysis applies to marketing payments disguised as consulting fees if they are tied to referrals.
Traps
- Treating ethics as a list of opinions. The Board enforces unprofessional conduct as a disciplinary ground.
- Assuming a licensed funeral director can cover embalming by an unlicensed person. Supervision does not authorize unlicensed practice.
- Assuming a direct disposer can add a memorial service to increase revenue. That crosses the scope line.
- Ignoring the difference between a gift and a referral fee. The tie to a referral matters.