NJ Funeral Juris flashcards
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- Mortuary Science Act citation
- The New Jersey statute governing funeral directing and embalming is N.J.S.A. 45:7-31 et seq., with implementing rules at N.J.A.C. 13:36.
- Practitioner license meaning
- A grandfathered New Jersey credential authorizing both funeral directing and embalming; new applicants are no longer admitted to this combined category.
- Intern supervision requirement
- A registered trainee may perform licensed functions only while a licensed funeral director or embalmer is physically present and directly supervising the work.
- Embalmer scope limit
- An embalmer may prepare and restore remains but may not independently make funeral arrangements or direct services without a funeral director license.
- Board of Mortuary Science placement
- The Board sits within the Division of Consumer Affairs in the Attorney General's office, which prosecutes disciplinary complaints the Board authorizes.
- Administrative discipline process
- Complaints proceed from investigation to an administrative complaint, then a hearing before an Administrative Law Judge, with the Board issuing the final order.
- Board sanction options
- Available penalties include reprimand, civil penalty, probation with monitoring, required continuing education, suspension, and revocation of the license.
- Establishment manager requirement
- Every licensed funeral establishment must designate a licensed New Jersey funeral director as manager, responsible for lawful operation of that location.
- Preparation room standards
- The room requires impervious cleanable surfaces, hot and cold running water, adequate ventilation, sanitary drainage, and an embalming table with instruments.
- Branch establishment licensing
- A separate location offering funeral services needs its own establishment license and its own designated licensed manager, meeting the same facility standards.
- Right of disposition order
- Priority begins with a written designee, then spouse or domestic partner, adult children, parents, siblings, and continues down the statutory list.
- Cremation authorization prerequisites
- Cremation requires signed authorization from the right-of-disposition holder, identity confirmation, any waiting period, and removal of pacemakers and hazardous implants.
- Anatomical gift binding effect
- A valid gift made by the donor before death or by an authorized person is legally binding, and the funeral director must act consistently with it.
- Death certificate filing location
- The death certificate is filed with the local registrar of the municipality where the death occurred, generally within 72 hours.
- Burial permit issuance
- The local registrar issues the burial, cremation, or removal permit after the death certificate is filed, and the permit accompanies the remains.
- Medical examiner reportable deaths
- Suspected homicide, suicide, accident, poisoning, unattended deaths, and deaths soon after admission without diagnosed cause must be reported before remains are moved.
- FTC Funeral Rule core duty
- Funeral providers must give an itemized general price list to anyone who asks in person, plus casket and outer container price lists.
- Direct cremation consumer right
- Consumers may not be required to purchase a package or a casket from the funeral home as a condition of direct cremation or immediate burial.
- Preneed contract required content
- A written preneed contract must disclose price, goods and services, funding method, and the consumer's cancellation and refund rights.
- Preneed trust funding rule
- Preneed funds paid in trust must be deposited into a qualifying trust account, with refunds on cancellation following statutory percentage and timing rules.
- Prohibited solicitation conduct
- Licensees may not make uninvited in-person solicitation of bereaved persons or pay commissions or kickbacks for referral of death calls.
- Commingling preneed funds
- Mixing client preneed money with the funeral home's operating funds, or converting those funds, is a serious violation supporting license discipline.
- Failure to cooperate
- Not responding to a Board inquiry or not producing requested records is a separate ground for discipline apart from the underlying complaint.
- Reinstatement after revocation
- Reinstatement is discretionary, not automatic; the petitioner must show rehabilitation and compliance before the Board will consider restoring the license.
- Universal precautions principle
- All blood and body fluids are treated as potentially infectious, requiring gloves, gowns, eye protection, and masks for splash or aerosol risk.
- Bloodborne pathogens plan elements
- OSHA requires a written exposure control plan, hepatitis B vaccination offered free, initial and annual training, and post-exposure medical evaluation.
- Hazard Communication requirements
- Employers must maintain a written program, safety data sheets, and labeled containers for embalming chemicals, formaldehyde, and disinfectants.
- Formaldehyde exposure control
- Formaldehyde is a regulated carcinogen; exposure is monitored and controlled through ventilation to stay within permissible and short-term exposure limits.
- Regulated medical waste handling
- Blood-soaked materials and sharps must be segregated, labeled, stored properly, and disposed of through a permitted medical waste transporter.
- Prion disease precautions
- Cases such as Creutzfeldt-Jakob disease require heightened precautions, and contaminated materials need specific inactivation procedures rather than routine disinfection.
- Change of establishment manager
- Changing the designated manager, owner, location, or licensed name requires prior notice to the Board and, where applicable, an amended or new license.
- License renewal cycle
- New Jersey funeral director and embalmer licenses renew biennially, with continuing education required and reinstatement conditions for lapsed licenses.