IA Funeral Juris flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Scope of funeral practice
- Iowa law covers embalming, funeral directing, arranging services, and selling funeral merchandise or services to the public, all requiring an active Iowa license.
- Unlicensed practice
- Performing funeral directing or embalming with a lapsed, suspended, or revoked license, or helping an unlicensed person do so, is a prohibited act.
- Solicitation prohibition
- Licensees may not approach families at the place of death, in hospitals, or before a provider is chosen in order to obtain funeral business.
- Trainee registration
- An apprentice must be registered with the Board and may practice only under direct supervision of a licensed Iowa funeral director or embalmer.
- Establishment license
- A funeral establishment needs a current Iowa establishment license, a designated licensed person in charge, and Board notice when that designation changes.
- Preparation room standards
- The room must have adequate ventilation, running water, drainage, and cleanable surfaces, and must be maintained in a sanitary condition.
- Inspection authority
- The Board or its inspector may enter a licensed establishment during business hours; refusing inspection is grounds for discipline.
- Ownership change notice
- A change of ownership, location, or establishment name requires Board notification and, where rules require, an amended or new license.
- Board rulemaking power
- The Iowa Board of Mortuary Science adopts rules on licensure, fees, standards, and discipline; filed rules carry the force of law.
- Contested case procedure
- Disciplinary hearings follow Iowa administrative procedure with notice, an opportunity to be heard, and a written decision containing findings and conclusions.
- Available sanctions
- The Board may reprimand, impose civil penalties, order probation or remedial education, suspend, or revoke a license.
- Duty to cooperate
- A licensee must respond to Board inquiries and subpoenas; failing to cooperate with an investigation is itself a disciplinary violation.
- Biennial renewal
- Funeral director and embalmer licenses renew every two years with an application, fee, and proof of required continuing education.
- CE documentation
- Licensees must keep continuing education certificates for the period set by rule and produce them on audit; missing proof can block renewal.
- Expired license practice
- Practicing after the expiration date is unlicensed practice even if a renewal application is later approved; the license must be current when services are performed.
- Reinstatement requirements
- Reinstating a lapsed or revoked license may require an application, fee, continuing education, and an examination or hearing ordered by the Board.
- Preneed contract defined
- A written agreement to provide funeral merchandise or services at need, paid for in advance by the purchaser or on the purchaser's behalf.
- Preneed disclosure duties
- The contract must identify the parties, itemize goods and services, state the total price, and disclose the funding method and earnings treatment.
- Guaranteed versus non-guaranteed
- The contract must state whether prices are guaranteed at need or whether additional charges may be collected when the services are actually provided.
- Preneed cancellation right
- The purchaser may cancel within the statutory period and receive a refund as required by law; cancellation terms must appear in the contract.
- Preneed fund handling
- Preneed money must be held in a trust or insurance arrangement permitted by Iowa law and may not be commingled with general business assets.
- Disposition priority order
- The right to control disposition follows a statutory order beginning with the surviving spouse and descending through other listed relatives.
- Written disposition authorization
- A signed authorization from the person with priority protects a funeral director who relies on it in good faith when arranging disposition.
- Dispute among claimants
- When persons with competing or equal rights disagree, the funeral director may require a court order or written agreement before proceeding.
- Pre-death declaration
- A person may record written wishes about disposition, and the funeral director follows them to the extent consistent with Iowa law and available resources.
- Death certificate filing
- The funeral director files the death certificate with the county registrar within the statutory time; the physician, examiner, or coroner completes the cause of death.
- Fetal death certificate
- A fetal death certificate is required at the gestational age and weight thresholds in Iowa vital records law, with medical and personal sections completed separately.
- Burial-transit permit
- A permit must be obtained before final disposition and must accompany the remains during transport to the place of burial or cremation.
- Vital record confidentiality
- Birth and death records are confidential; certified copies are issued only to persons with a legal right to request them under Iowa law.
- Embalming requirement triggers
- Embalming is generally required when remains are held beyond the statutory limit, shipped by common carrier, or when public health rules require it.
- Chain of custody
- Identity must be verified at each transfer, with a record kept from the place of death through final disposition.
- Funeral Rule disclosures
- Federal rules require a general price list, casket price list, and written statement of goods and services selected, and Iowa licensees must comply.