OK Funeral Juris flashcards
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34 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Funeral Services Licensing Act
- Oklahoma statute governing licensing and regulation of funeral directors, embalmers, funeral establishments, and embalming facilities, administered by the Oklahoma Funeral Board.
- Oklahoma Funeral Board
- State agency that licenses funeral service practitioners and establishments, adopts rules, inspects premises, investigates complaints, and imposes discipline under the Act.
- Funeral establishment defined
- A licensed place where human remains are prepared and funerals are conducted, requiring a separate license from the individual funeral director or embalmer license.
- Unlicensed practice
- Performing or offering funeral directing or embalming without a valid license, a violation subject to Board discipline and criminal penalty where provided by law.
- Embalmer qualifications
- Requires minimum age, good moral character, mortuary science education with embalming coursework, supervised embalming experience, examination passage, and fee payment.
- Licensure by endorsement
- Process allowing a licensee from another state to obtain an Oklahoma license when education and examination requirements are substantially equivalent, as determined by the Board.
- Pre-licensure inspection
- Inspection of a proposed funeral establishment confirming an arrangement room, preparation room, equipment, and sanitation before the establishment license is issued.
- Preparation room standards
- Nonporous washable surfaces, potable running water, sink, approved drainage, ventilation, adequate lighting, embalming table, instruments, and waste receptacles.
- Embalming location restriction
- Embalming may occur only in a licensed embalming facility or the preparation room of a licensed funeral establishment, never in a residence or unlicensed structure.
- Holding remains before disposition
- Unembalmed remains must be refrigerated or embalmed within rule-specified timeframes and kept in secure space not visible to the public.
- Transfer vehicle requirements
- Enclosed, clean vehicle used only for transporting human remains, with secure stretcher retention and separation from the driver where required by rule.
- Preneed contract content
- Written, signed agreement identifying goods, services, total price, funding method, trustee, cancellation rights, refund method, and guaranteed versus non-guaranteed pricing.
- Preneed trust deposit
- Funds paid under a preneed contract must be deposited into a qualified trust account within the statutory or rule deadline, with records identifying each purchaser's share.
- Preneed cancellation refund
- On cancellation before death, the purchaser generally recovers principal plus accrued earnings, less amounts permitted by statute for services actually rendered.
- Commingling preneed funds
- Mixing preneed trust money with a provider's operating funds or other purchasers' money, a prohibited practice and grounds for Board discipline.
- General price list
- Itemized list of funeral goods and services and their prices, given to anyone inquiring in person at the start of arrangements before selections are discussed.
- Statement of goods and services
- Written itemized statement of the goods and services selected with prices and total cost, provided to the purchaser before services are performed.
- Embalming disclosure
- Statement that embalming is not required by law except in specified circumstances, preventing providers from misrepresenting it as legally mandatory.
- Casket disclosure
- Written statement of whether a casket or outer container is required and the least expensive compliant option, plus the right to supply a casket purchased elsewhere.
- Deceptive trade practice
- Misrepresenting prices, falsely claiming a good or service is legally required, or charging for goods not provided, prohibited under the Act and consumer protection law.
- Legally authorized person
- Person with statutory priority to control disposition, whose signed authorization the funeral director obtains before proceeding with burial or cremation.
- Burial-transit permit
- Disposition permit issued by the local registrar or state vital records office that must be obtained before burial, cremation, or removal of remains from the state.
- Cremation authorization
- Signed document from the legally authorized person permitting cremation, confirming no known objection and no pending medical examiner investigation.
- Chain of custody
- Documentation recording each transfer of human remains from the place of death through final disposition, including releases signed by custodial persons.
- Disinterment authority
- Removal of buried remains requires a court order or authorization from the state registrar, and reinterment requires a new disposition permit.
- Death certificate filing
- The funeral director files the certificate with the local registrar or state vital records office within the statutory deadline, completing disposition information only.
- Cause-of-death section
- Portion of the death certificate completed by the attending physician or medical examiner; the funeral director may not alter or complete it.
- Contract file retention
- At-need and preneed contract files must be kept for the period set by statute or Board rule and made available for inspection on request.
- Vital record confidentiality
- Death certificate information may be disclosed only as authorized by law, generally to persons with a direct and tangible interest in the record.
- Grounds for discipline
- Unprofessional conduct, fraud, incompetence, unlicensed practice, violation of the Act or rules, and failure to comply with Board orders.
- Hearing rights
- A licensee facing discipline receives notice of charges and a hearing with the right to counsel, to present evidence, and to cross-examine witnesses.
- Board sanctions
- Disciplinary outcomes include reprimand, probation, suspension, revocation, administrative penalties, restitution, and required additional continuing education.
- Medical examiner jurisdiction
- Deaths by violence, accident, suicide, or without medical attendance fall under medical examiner authority, and remains may not be moved before notification.
- Vital records division
- State Department of Health office that registers deaths, issues disposition permits through local registrars, and maintains and amends death certificate records.