KY Funeral Juris flashcards
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33 cards. Read the term and the definition here. The deck at the top of this page is optional.
- KRS Chapter 316
- The Kentucky statute chapter governing funeral directors, embalmers, apprentices, and funeral establishments, including licensure, practice standards, and disciplinary grounds.
- 201 KAR Chapter 3
- The administrative regulations issued under KRS Chapter 316 that set detailed requirements for licensure, apprenticeship, establishment standards, continuing education, and preneed contracts.
- Board of Embalmers and Funeral Directors
- The Kentucky state agency that licenses funeral directors and embalmers, licenses establishments, adopts regulations, and conducts disciplinary proceedings against licensees.
- Funeral director in charge
- The licensed funeral director designated as responsible for a funeral establishment's daily operation, staff supervision, recordkeeping, and compliance with statutes and regulations.
- Apprenticeship requirement
- A period of supervised training under a licensed funeral director or embalmer, documented and reported to the Board, required before licensure as a funeral director or embalmer.
- Licensure by endorsement
- A pathway allowing a licensee from another jurisdiction with substantially equivalent requirements to obtain a Kentucky license after Board review, sometimes with additional examination or conditions.
- Continuing education renewal
- The Board-set number of education hours a licensee must complete and document each renewal cycle to maintain an active funeral director or embalmer license.
- Establishment license
- A license issued separately from individual licenses that authorizes a funeral establishment to operate at a specific location under a licensed funeral director in charge.
- Preparation room standards
- Regulatory requirements for the room where embalming occurs, including washable surfaces, ventilation, running water, sanitation, and separation from public areas.
- Reporting ownership changes
- The requirement that a funeral establishment notify the Board within a set time when ownership, location, or the funeral director in charge changes.
- Board inspection authority
- The Board's power to inspect a funeral establishment and to suspend or revoke its license for unsanitary conditions or other violations of law.
- Establishment identification
- The requirement that a funeral establishment accurately identify itself in signage and advertising and display required licenses as regulations provide.
- Scope of embalming
- The chemical treatment and restoration of human remains, restricted to licensed embalmers and registered apprentices under the supervision required by regulation.
- Scope of funeral directing
- Arranging funerals, contracting for services and merchandise, directing services, and supervising custody and transportation of remains under a funeral director license.
- Universal precautions
- Infection-control practices requiring barriers and safe handling of blood and body fluids when preparing or handling human remains to prevent disease transmission.
- Dual licensure
- The requirement that a person hold both a funeral director license and an embalmer license to perform both functions, since each license covers a distinct scope.
- Preneed funeral contract
- A written agreement to provide funeral services or merchandise before a person's death, subject to disclosure, funding, and recordkeeping requirements.
- Preneed trust funding
- The requirement that money paid under a preneed contract be deposited in trust or used for permitted insurance, kept separate from the seller's operating funds.
- Preneed contract disclosures
- Required written information in a preneed contract, including itemized services, total price, financing terms, and cancellation, transfer, and refund rights.
- Preneed recordkeeping
- The seller's duty to keep records of each preneed contract and trust deposit and to make them available for Board examination.
- Right of disposition order
- The statutory priority determining who controls disposition of remains, beginning with the surviving spouse, then adult children, parents, and siblings.
- Burial-transit permit
- A permit required to move human remains out of the registration district, which must accompany the remains during transport.
- Death certificate filing
- The duty of the person in charge of disposition to complete and file the death certificate with medical certification by the physician or medical examiner.
- Cremation authorization
- The written permission required before cremation, obtained from the person with the right of disposition, together with identification and waiting-period compliance.
- Custody of remains
- The funeral director's responsibility for the remains from removal until final disposition, releasing them only to the authorized person or a licensed provider.
- Grounds for discipline
- Statutory bases for Board action, including fraud, misrepresentation, gross negligence, incompetence, unlicensed practice, and violations of statutes or regulations.
- Administrative hearing procedure
- The KRS Chapter 13B process giving a licensee notice and an opportunity to be heard before the Board imposes suspension, revocation, restriction, or a civil penalty.
- Emergency suspension order
- A Board order immediately suspending a license when public safety requires it, followed by a hearing within the statutory period.
- Duty to cooperate
- A licensee's obligation to respond to Board investigations and produce requested records, with refusal itself constituting a ground for discipline.
- Fiduciary duty
- The funeral director's obligation to act in the client's interest through honest pricing, accurate disclosure, and accounting for funds held on the client's behalf.
- Informed consent
- Explaining options, prices, and legal requirements so a consumer can make a voluntary, informed choice about funeral services and merchandise.
- Truthful advertising
- The ethical and regulatory requirement that advertising not mislead about prices, services, licensure, or affiliations of the funeral establishment or licensee.
- Confidentiality obligation
- The licensee's duty to protect client information, including medical information learned in handling remains and the details of preneed arrangements.