MA Funeral Juris study materials
MA Funeral Juris study resources

MA Funeral Juris: Unprofessional Conduct, Discipline, and Enforcement

MA Funeral Juris · Work through your exam, one topic at a time.

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Unprofessional Conduct, Discipline, and Enforcement

This domain tests what gets a licensee disciplined and how the process unfolds.

Grounds

  • Fraud or deceit in obtaining a license, or in practice.
  • Negligence, incompetence, or gross misconduct in handling remains or in arranging services.
  • Practicing or aiding unlicensed practice; employing an unlicensed person to perform licensed functions.
  • Criminal conviction, violation of Board rules or orders, false advertising, fee splitting, and misappropriation of preneed or trust funds.
  • Falsifying certificates, permits, or records.

Process and sanctions

  • A complaint is investigated by DPL staff; if warranted, the Board issues an order to show cause and holds an adjudicatory hearing under c. 30A, with notice, the right to counsel, and the right to present evidence.
  • Sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and required continuing education. Collateral exposure includes c. 93A claims and criminal referral.

Worked example. A funeral director, running late, enters an earlier date of death on a certificate to meet the filing deadline. Even though the death is real and the certificate is otherwise accurate, the entry is a falsification. Intent to comply with one rule does not excuse violating another; the Board treats record falsification as unprofessional conduct and the correction must go through the proper amendment process.

Traps that cost marks. Assuming a private settlement with a family ends the Board's case; assuming a sealed or expunged criminal record erases the disciplinary history; ignoring probation conditions, which are independently enforceable.