KS Funeral Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Funeral director in charge

A licensed funeral director designated as responsible for the daily operation and legal compliance of a specific licensed funeral establishment location. The Board must be notified of changes in this designation.

Separate embalmer license

Kentucky licenses embalmers and funeral directors as distinct credentials under KRS Chapter 316. A person may hold either or both, and each credential carries its own education, apprenticeship, and examination requirements.

License non-transferable

A Kentucky funeral director or embalmer license belongs to the individual and cannot be sold, assigned, or used by another person. Practicing on a lapsed or revoked license is a statutory violation.

Board disciplinary authority

KRS Chapter 316 authorizes the Board to deny, suspend, revoke, or condition a license for grounds such as fraud, unprofessional conduct, or practicing while impaired, and to hold administrative hearings.

Apprenticeship documentation

Applicants must complete supervised practical training under a licensed practitioner and document the hours for Board review. The regulation specifies the required hours and the records the supervisor must keep.

KAR regulation enforcement

A Board regulation is enforceable only after it is filed and effective through the administrative regulation process. Licensees are charged with knowledge of current 201 KAR Chapter 2 requirements.

Regulation violation as discipline

A violation of a Board regulation is independently grounds for discipline, even if the underlying statute does not address the specific conduct. Regulations implement and supplement the statute.

Continuing education requirement

Renewal requires continuing education hours set by Board regulation, earned from approved providers and documented. Falsifying CE records is itself a disciplinary violation subject to sanction.

Establishment license location-specific

Each funeral establishment location must be separately licensed and must have a licensed funeral director in charge. A branch providing funeral services requires its own license or registration.

Preparation room sanitation

Embalming rooms must have hot and cold running water, proper drainage, sanitizable surfaces, and adequate ventilation. PPE and universal precautions are required when handling human remains.

Cremation authorization

Cremation requires written authorization from the legally authorized person, confirmation of no known objection, and removal of pacemakers or hazardous implants before the remains enter the retort.

No commingling of ashes

Cremated remains of different decedents may not be combined without written consent. Each container must be labeled and an identification tag must accompany the remains through processing.

Board inspection authority

The Board may inspect a funeral establishment at reasonable times. Refusing inspection is grounds for discipline and may result in suspension or nonrenewal of the establishment license.

Preneed contract disclosures

A preneed contract must identify the provider, itemize goods and services, disclose funding arrangements, and state cancellation and refund rights in writing before the purchaser signs.

Preneed trust funding

Funds paid under a preneed contract must be deposited into trust or used to buy a qualifying insurance policy within the statutory time frame, with proof of funding given to the buyer.

Preneed cancellation rights

The purchaser generally may cancel within a statutory rescission period and receive a refund of amounts paid, less amounts permitted by law. The contract must disclose these rights.

Preneed trust commingling prohibited

Preneed trust funds may not be mixed with the funeral home's operating funds. Misrepresenting funding status or failing to deposit funds is prohibited and subject to discipline.

Disposition priority order

The right to control disposition follows a statutory order beginning with the surviving spouse, then adult children, parents, and siblings. A written designation by the decedent can change the order.

Death certificate filing

The funeral director completes personal and disposition data and files the death certificate with the local registrar within the statutory period. The medical certifier completes the cause-of-death section.

Disposition permit

A burial, cremation, or removal permit must be obtained from the local registrar before final disposition. The funeral establishment retains the permit number in its disposition records.

Fetal death certificate

A fetal death certificate is required at the statutory gestational threshold. Disposition of a fetus follows the same authorization framework as other human remains under Kentucky vital records law.

False certificate statements

Making false statements on a death certificate, disposition permit, or cremation authorization is prohibited and exposes the licensee to Board discipline and potential criminal referral.

Fiduciary handling of funds

Funds received for funeral goods and services are entrusted funds. The licensee must account for them properly and disclose any personal interest in vendors or service providers.

Prohibited solicitation

Soliciting funeral business at the scene of a death, in a hospital, or through uninvited contact with a bereaved family is prohibited. The licensee is responsible for agents and employees.

Scope of practice limits

A licensee may perform only activities within the licensed scope, such as embalming and directing dispositions. Performing services outside the license or aiding unlicensed practice is prohibited.

Impaired practice prohibition

A licensee must not practice while impaired by alcohol or drugs. Certain arrests and disciplinary actions must be reported to the Board as required by regulation.

Complaint intake process

Any person may file a complaint. The Board screens it, may investigate, may offer an agreed disposition, or may set the matter for a hearing with notice to the licensee.

Due process at hearing

The licensee is entitled to notice of charges and an opportunity to be heard. The Board's final order is subject to judicial review under the applicable administrative procedure statute.

Range of Board sanctions

Sanctions include reprimand, probation with conditions, suspension, revocation, civil penalty, and remedial education. The Board may also recover costs in specified circumstances.

FTC General Price List

The Funeral Rule requires a General Price List to be given to anyone who asks about prices in person, and an itemized statement of goods and services selected before services are performed.

OSHA formaldehyde standard

The standard sets permissible exposure limits, requires exposure monitoring, medical surveillance, and labeling of formaldehyde-containing products used in the preparation room, and mandates training.

OSHA bloodborne pathogens

The standard requires an exposure control plan, hepatitis B vaccination offered at no cost, PPE, and training for employees with occupational exposure to blood or other potentially infectious material.