LA Funeral Juris flashcards

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

Board composition

The Louisiana Board of Embalmers and Funeral Directors includes licensed funeral director/embalmer members and consumer members appointed by the Governor, and it licenses and disciplines practitioners and establishments statewide.

Board rulemaking process

Board rules are adopted under the Louisiana Administrative Procedure Act: notice of the proposed rule, a public comment period, legislative oversight review, and publication in the Louisiana Register and Administrative Code.

Board disciplinary authority

The board may investigate complaints, subpoena records and witnesses, hold hearings, reprimand, impose probation, suspend or revoke licenses, refuse renewal, and assess civil fines and investigation costs.

Embalmer license requirements

An embalmer applicant must graduate from an accredited mortuary science program, complete a supervised apprenticeship registered with the board, and pass the board examination and any jurisprudence examination.

Apprentice registration rule

An apprentice must register with the board before beginning supervised training; hours are logged and attested by the supervising licensee, and the registration lapses if training stops.

License renewal and CE

Renewal occurs on the board's cycle with a late penalty for lapsed licenses; continuing education in board-approved subjects is required each period and documentation must be produced on audit.

Establishment license rule

A funeral establishment license is issued for a fixed location meeting board physical plant standards, is not transferable to a new owner or address without board approval, and requires inspection.

Preparation room standards

The preparation room must have impervious cleanable surfaces, adequate lighting and ventilation, running hot and cold water, and a sanitary method for disposing of blood and body fluids.

Branch establishment

A branch establishment is a separate location operating under the same ownership; it requires its own branch license and must meet applicable physical plant requirements unless the board grants an exemption.

Embalming scope of practice

Embalming is the licensed disinfection, preservation, and restoration of a dead human body by arterial injection or cavity treatment, performed only by a licensed embalmer or supervised registered apprentice.

Direct supervision defined

Direct supervision means the supervising licensee is physically present in the facility and available during the procedure; telephone availability alone is insufficient for apprentice embalming.

Unlicensed task limits

Unlicensed personnel may drive, set up, do clerical work, and perform custodial duties, but may not embalm, make funeral arrangements, or direct funeral services.

Preneed seller registration

A person selling preneed funeral contracts must be registered with the board before selling, and registration requires a surety bond or other financial assurance maintained while contracts remain outstanding.

Preneed contract content

A preneed contract must be written, identify purchaser and beneficiary, itemize goods and services, state the contract price, and disclose funding method and cancellation and refund terms.

Preneed trust segregation

Preneed trust funds must be held in a separate identifiable trust account with a trustee; commingling with the seller's operating funds is prohibited and records must reconcile to individual contracts.

General Price List trigger

A funeral provider must give the General Price List to anyone who asks in person about arrangements, and before discussing selections, with prices also available by telephone on request.

Casket and cremation rule

A provider may not require a package or casket purchase as a condition of direct cremation or immediate burial, and misrepresenting that a casket is legally required is prohibited.

Embalming disclosure rule

The provider must disclose that embalming is not required by law except in specific circumstances and must obtain prior approval before charging for embalming not expressly authorized.

Itemized statement requirement

At the conclusion of arrangements the provider must give an itemized Statement of Funeral Goods and Services Selected listing the goods and services chosen and their prices.

Right of disposition order

The right to control disposition belongs first to the surviving spouse, then adult children, parents, siblings, and other relatives in statutory order, unless the decedent left written instructions.

Burial-transit permit

A burial-transit or disposition permit issued by the local registrar is required before transporting remains out of the parish or before final disposition, and the funeral director obtains it.

Cremation authorization

Cremation requires a signed authorization from the person with the right of disposition and a waiting period under Louisiana law before the cremation may proceed.

Cremated remains scattering

Cremated remains may be buried, entombed, scattered on private land with the owner's permission, or scattered at sea subject to federal limits; public land needs agency permission.

Disinterment requirements

Disinterment requires a court order or the written consent of the person with the right of disposition, plus a permit from the local registrar before the remains are removed.

Disciplinary hearing rights

A charged licensee is entitled to notice of the charges, a hearing, representation by counsel, presentation of evidence, and a written decision containing findings of fact.

Unlicensed practice offense

Practicing funeral directing or embalming without a license is a criminal offense and grounds for board action; the board may seek injunctive relief to stop the operation.

Aiding unlicensed practice

Employing or aiding an unlicensed person to perform licensed functions subjects the licensed individual and the establishment to board discipline, including fines and license suspension.

Death certificate timing

A death certificate must be filed with the local registrar promptly, generally within five days of death, and before the remains are removed from the parish for disposition.

Death certificate certifier

The physician, coroner, or medical examiner completes the cause-of-death section, while the funeral director completes personal and disposition facts and obtains the certifier's signature.

Fetal death certificate

A fetal death certificate is required for a fetus of 20 weeks or more gestation, and a certificate of birth resulting in stillbirth may be issued on request.

Funeral record retention

The establishment must retain the contract, authorizations, permits, embalming records, and cremation chain-of-custody documents for the period set by board rule and produce them on request.

Death certificate correction

Corrections or amendments to a death certificate are made through the state vital records registry with an affidavit and supporting documentation, with the funeral director assisting the family.