PA Funeral Juris cheat sheet

The Funeral Director Law (49 Pa. Code Chapter 13) is administered by the State Board of Funeral Directors within the Department of State's Bureau of Professional and Occupational Affairs.

Licensure requires meeting the education, examination, and supervised-training requirements set by the Board, plus payment of the biennial renewal fee before the license lapses.

Continuing education: licensees must complete the Board-mandated hours each biennial period, including the required ethics component, and retain certificates for audit.

License renewal runs on a two-year cycle; a lapsed license may be reactivated only after fulfilling the Board's reactivation requirements, which may include late fees and CE.

The Board may refuse, suspend, or revoke a license, or impose civil penalties, for violations including unlicensed practice, fraud, and gross incompetence.

Funeral establishments must be registered with the Board; a licensed funeral director must be in charge of each establishment and the premises must meet Board facility standards.

Unlicensed practice is prohibited; only a licensed funeral director may make arrangements, direct funerals, and supervise embalming and other regulated services.

The Board issues advisory opinions and interprets the Act; licensees are bound by both the statute and the Board's regulations, and violations of either are grounds for discipline.

Preneed funeral contracts are governed by Pennsylvania's preneed statutes and Board regulations; funds must be held in trust or insurance and are subject to disclosure and refund rules.

The Federal Trade Commission Funeral Rule (16 CFR Part 453) requires a General Price List, itemized price disclosures, and a Statement of Funeral Goods and Services Selected given to consumers.

The Funeral Rule requires price information by phone on request and prohibits misrepresentations about embalming, caskets, and legal requirements.

A death certificate must be filed with the local registrar; the funeral director typically completes the personal-data portion and obtains the physician's or coroner's certification of cause.

A burial-transit permit (disposition permit) is required before transporting a body for final disposition, and the funeral director must obtain it from the registrar.

Disinterment and reinterment require a court order or authorization from the local registrar, plus compliance with cemetery and Department of Health rules.

Reports of death to the coroner are mandatory for suspected homicide, suicide, accident, or unattended deaths; the coroner's jurisdiction supersedes routine handling.

Recordkeeping: the funeral director must retain signed contracts, authorizations, embalming records, and price lists for the period required by the Board and FTC rules.

Obtain written authorization before embalming, and document the identity of the deceased and the authorizing party on the embalming record.

Universal precautions apply: treat all human remains as potentially infectious, use PPE, and follow OSHA bloodborne-pathogen standards in the preparation room.

Custody and identification: verify identity at every transfer, tag the remains, and maintain a chain-of-custody record from removal through disposition.

Restorative art and cosmetology are performed to present the deceased for viewing; the standard is a natural, dignified appearance consistent with the family's wishes.

Arrangement conference elements: gather vital statistics, select merchandise and services, disclose prices, obtain signatures, and explain the GPL and selection statement.

Cremation requires written authorization, confirmation of the identity, removal of pacemakers and other hazardous implants, and compliance with the crematory's operating rules.

Handling of unclaimed or indigent remains follows statutory timeframes and county notification; the funeral director must document all attempts to locate next of kin.

Safety and sanitation: the preparation room must meet Board sanitation standards, and the funeral director is responsible for workplace safety and hazardous-waste disposal.

Fiduciary duty: funds held for preneed contracts or client services belong to the client or the estate and must never be commingled with the funeral home's operating funds.

Informed consent and truthful disclosure: the licensee must not misrepresent prices, legal requirements, or the necessity of embalming or a casket.

Confidentiality: client information and family disclosures are confidential and may be released only with authorization or as required by law.

Conflicts of interest, including undisclosed commissions or referral fees, are prohibited and are grounds for Board discipline.

Solicitation of the dying or bereaved (ambulance chasing) is unethical and prohibited; referrals must not be obtained through inducements.

Disciplinary process: complaints are investigated by the Board's prosecuting attorney, followed by a hearing, findings, and sanctions such as reprimand, suspension, revocation, or civil penalty.

Advertising must be truthful and not misleading; price advertising must be accurate and consistent with the General Price List.

Licensees must report certain convictions and disciplinary actions in other jurisdictions to the Board within the required timeframe.