NC Funeral Juris cheat sheet

NCGS Chapter 90, Article 13B governs funeral service licenses; the Board issues licenses for funeral directors, embalmers, funeral establishments, and preneed sales agents.

Funeral director and embalmer licenses require a minimum age of 18, a high school diploma or equivalent, completion of an accredited mortuary science program, passage of the Board examination, and a criminal record check.

A funeral director license authorizes arranging and directing funerals; an embalmer license authorizes embalming and restorative work; a person may hold both licenses concurrently.

Licenses renew annually on a schedule set by the Board; renewal requires continuing education hours set by Board rule and payment of the renewal fee before the expiration date.

Grounds for discipline include fraud or misrepresentation, unprofessional conduct, practicing on a lapsed license, and conviction of a crime involving moral turpitude; sanctions range from reprimand to revocation.

The Board may deny, suspend, or revoke a license after notice and an opportunity for a hearing; final agency decisions are subject to judicial review under NCGS Chapter 150B.

Unlicensed practice of funeral directing or embalming is a criminal offense; a licensed funeral director must be in charge of each funeral establishment.

A license is not transferable; a licensee must notify the Board of a change of name or address within the time set by Board rule.

Records of funerals, embalmings, and preneed contracts must be kept for the period the Board specifies and made available for Board inspection.

Obtain signed authorization before embalming, cremation, or other disposition; the legally recognized person with the right of disposition controls arrangements under NC law.

Order of priority for the right of disposition generally runs: surviving spouse, then adult children, then parents, then siblings, then other next of kin, subject to statutory exceptions such as a named agent.

A funeral director must present the General Price List before discussing selections and give the Statement of Funeral Goods and Services Selected at the conclusion of arrangements.

The FTC Funeral Rule requires itemized pricing, accurate disclosure of required purchases, and retention of price lists and signed statements for the required period.

Verify identity of the deceased at every transfer of custody and document the chain of custody from place of death to final disposition.

Disclose embalming is not required by law except in specific circumstances, and obtain consent before charging for it.

Coordinate with the attending physician or medical examiner when a death falls under medical examiner jurisdiction; do not embalm or cremate without required release.

Arrange clergy, music, pallbearers, and graveside logistics in a written schedule; confirm cemetery interment time and vault requirements with the cemetery.

Provide grief support referrals and follow up with the family after services; document all communications in the funeral record.

Arterial embalming injects preservative fluid into the arterial system while draining blood and fluid from veins, typically via the right common carotid artery and internal jugular vein or the femoral vessels.

A typical embalming fluid contains formaldehyde as the primary preservative, plus water, a humectant such as glycerin, and a buffer or anticoagulant; index indicates formaldehyde percentage.

Pre-embalming analysis assesses body condition, postmortem changes, edema, and cause of death to select fluid strength, volume, and injection/drainage technique.

Six signs of arterial injection include distribution of fluid, firming of tissue, bleaching, drying of mucous membranes, reduced swelling, and venous drainage.

Cavity embalming treats the thoracic and abdominopelvic cavities with concentrated cavity fluid after aspiration of contents, using a trocar through the abdominal wall.

Hypodermic embalming treats localized areas such as fingers, toes, and ears that arterial injection may not reach; surface embalming applies gel or cream to visible tissue.

Special conditions require modified technique: edema calls for restricted drainage and stronger fluid, dehydration calls for humectant-rich fluid, and jaundice calls for a bleaching or special fluid.

Universal precautions apply: treat all bodies as potentially infectious, use gloves, eye protection, and gowns, and disinfect instruments and surfaces after each case.

Document embalming authorization, fluid type and volume, vessels used, and any restorative work in the case record.

A preneed funeral contract is a written agreement to furnish funeral goods or services at a future date; NC law requires specific contract disclosures and funding methods.

Preneed contracts must be funded through a trust or an insurance-funded arrangement; funds must be deposited within the statutory timeframe after receipt.

Preneed sales agents must be licensed by the Board and may sell only for a licensed funeral establishment; agents must disclose the funding method and refund terms.

The contract must state the price of goods and services, whether prices are guaranteed, and how excess funds or shortfalls are handled at death.

Cancellation and refund rights must be disclosed in writing; the purchaser may cancel within the statutory period and receive a refund as specified by law.

Trust-funded preneed funds are held by a trustee and reported to the Board; the establishment must maintain records of each contract and its funding status.

Insurance-funded preneed contracts assign benefits to the funeral establishment; the establishment may not require the purchaser to buy insurance to obtain services.

Preneed funds are not the funeral establishment's operating money; commingling preneed trust funds with business funds is prohibited.

Annual reporting and audit obligations apply to preneed trust funds; failure to fund or report can result in Board discipline and criminal penalties.

Cremation requires written authorization from the person with the right of disposition and a permit from the medical examiner or registrar as required by law.

Confirm no implanted pacemaker, radioactive device, or other hazardous material remains before cremation; remove and dispose of devices according to protocol.

Cremation must occur in a licensed crematory; the establishment must maintain a written operating procedure and train operators.

Identify the deceased with a metal identification tag that remains with the remains through processing and until the container is sealed.

Commingling of cremated remains is prohibited unless the authorizing persons give written consent; keep remains separate at all times.

Cremated remains must be returned in a container; the establishment must document the chain of custody and delivery to the authorized recipient.

Alkaline hydrolysis is a licensed disposition method using a heated alkaline solution; effluent must be disposed of per permit and the remaining bone processed like cremated remains.

The crematory must retain authorization forms, permits, and identification records for the period required by Board rule.

Release remains only to the authorized person or a designated agent; verify identity and obtain a signed receipt at release.

A funeral establishment must hold a current license issued by the Board and must have a licensed funeral director in charge at all times.

The establishment must have a preparation room meeting Board standards for ventilation, plumbing, and sanitation, plus adequate space for arranging and holding remains.

Change of ownership, location, or name requires Board notification and, where applicable, a new or amended license before continuing operations.

The establishment must maintain a general price list, a casket price list, and an outer burial container price list available for inspection.

Advertising must not be false or misleading; the establishment name and license status must be accurately represented.

The establishment must comply with FTC Funeral Rule recordkeeping, including retaining price lists and signed statements for the required period.

Inspection by the Board may occur during business hours; refusal to permit inspection is grounds for discipline.

Maintain a written disaster and mass-fatality plan and coordinate with local authorities; document implementation when activated.

Display the establishment license conspicuously and keep preneed, embalming, and funeral records organized and retrievable for Board review.