state law

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state law
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  1. authorization to Embalm

    18.39.215
    no licensed embalmer shall embalm human remains w/o first having obtained authorization from individual(s) with right to control disposition
  2. is embalming required by WA state law

    18.39.215
    no except under certain conditions as determined by rule or by the state board of health
  3. refrigeration

    18.39.215
    refrigerate human remains upon receipt of remains. Violation is a gross misdemeanor
  4. what penalty is assessed for "kickbacks" or a discount for purchasing a share or interest in the business

    18.39.250
    Gross misdemeanor
  5. can a licensee provide financial advice

    18.39.231
    no. the crime is a gross misdemeanor and is ground for disciplinary action
  6. what percentage can a funeral home keep in a prearrangement contract

    18.39.250
    up to 10%
  7. deposits to the prearrangement funeral service trust shall be made not later than the ___ day of the month following receipt of each payment

    18.39.250
    20th
  8. all prearrangement funeral service trust moneys shall be deposited in ___?

    18.39.250
    deposited in an insured account in a commercial bank, trust company, mutual savings bank, savings and loan association, or credit union, whether state or federally chartered
  9. who owns the interest, dividends, or growth of a trust

    18.39.250
    the TRUST (beneficiaries)
  10. how much can be deducted per year from a trust for administration costs

    18.39.250
    1% of the amount in the trust
  11. what circumstances permit withdrawal of all funds plus accruals in a prearrangement contract

    18.39.250
    a funeral home files a verified statement with trustees that the prearranged merchandise and services were furnished b. funeral home files a verified statement that prearrangement contract was cancelled
  12. when can the prearrangement contracts be terminated by the board

    18.39.250
    funeral home goes out of business, becomes insolvent or bankrupt, makes an assignment for the benefit or creditors, has its prearrangement registration revoked, or cannot fulfill obligations in contract
  13. can prearrangement trust moneys be used directly or indirectly for the benefit of any funeral director etc?

    18.39.250
    no
  14. what is a contract defined as if the beneficiary is a recipient of public assistance or reasonably anticipates being so?

    18.39.250
    contract is irrevocable (the beneficiary thus remains eligible for assistance)
  15. why would DSHS contract a trust

    18.39.250
    if there is a claim on the estate for long-term care services. such notice shall be renewed every 3 yrs. (doesn't work like this in the real world)
  16. prearranged funeral service contracts funded through insurance shall contain language which:

    18.39.255
    • 1) states the amount of insurance
    • 2) states name of insurances company
    • 3) informs purchaser that amounts paid for insurance may not be refundable 
    • 4) informs that any funds not used for services may be subject to a claim for reimbursement for state long-term care
  17. to sell prearrangement contracts, a funeral home needs?

    18.39.260
    certificate of Registration
  18. how often does a funeral director need to file a statement of its financial condition and transactions involving prearrangement contracts for the preceding fiscal year

    18.39.320
    once per year
  19. any person who violates or fails to comply with or aids and abets any person in violation of prearrangement contracts, is guilty of ___

    18.39.350
    class C felony, unfair practice and is grounds for revocation
  20. unprofessional conduct includes

    18.39.410
    • 1) solicitation of human remains
    • 2) finders fees for impending deaths
    • 3) kickbacks from vendors (ex. cemeteries, florists)
    • 4) re-using a casket w/o written consent of person with right to control disposition
    • 5) violation of local laws re: handling human remains
    • 6) not promptly surrender remains to person with right to control disposition
    • 7) offering a discount for purchase of share or interest in business
    • 8) violation state or fed laws on funeral practice
    • 9) knowingly concealing a violation of Title
  21. who can complain to board about alleged unprofessional conduct

    18.39.420
    consumer, licensee, corporation, organization, and state and local governmental agency
  22. if a licensee defaults on a student loan, what happens

    18.39.465
    the director suspends the license after Brief Adjudicative Process, until the lending agency writes a release stating payments are being made
  23. what violation is it if one is unlicensed and a registration, endorsement, or permit is required

    18.39.530
    gross misdemeanor
  24. how soon can a hearing be scheduled if a licensee or applicant requests a hearing after service of a charge

    18.235.050
    not earlier than 30 days
  25. can a person whose license has been revoked petition to get it back

    18.235.100
    yes, and the disciplinary authority may require successful completion of the exam as condition for the reinstatement
  26. upon finding of unprofessional conduct, what can disciplinary authority do

    18.235.110
    • a) revoke license
    • b) suspend license
    • c) restrict or limit practice
    • d) remedial education or treatment
    • e) monitor practice
    • f) censure, reprimand
    • g) probation conditions
    • h) fine
    • I) denial to renew license
    • j) other
  27. if fine is ordered and not paid in timely manner, what can disciplinary authority do
    enforce the order for payment in superior court in county in which hearing was held
  28. unprofessional conduct can be this

    18.235.130
    advertising that is false, deceptive, or misleading
  29. unprofessional conduct can be this...

    18.235.130
    act of moral turpitude, dishonesty, or corruption relating to biz or profession... even if not a crime
  30. unprofessional conduct can be this...

    18.235.130
    misrepresentation or concealment of material fact in obtaining or renewing a license
  31. unprofessional conduct can be this...

    18.235.130
    incompetence, negligence, or malpractice that results in harm or danger to another to another or that creates an unreasonable risk or harm or damage to another
  32. unprofessional conduct can be this...

    18.235.130
    a suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction
  33. unprofessional conduct can be this...

    18.235.130
    failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law
  34. unprofessional conduct can be this...

    18.235.130
    failure to comply with an order by the disciplinary authority
  35. unprofessional conduct can be this...

    18.235.130
    violating any provisions as specified in RCW 18.235.020 (includes 118.39 and title 68)
  36. unprofessional conduct can be this....

    18.235.130
    aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required
  37. unprofessional conduct can be this...

    18235.130
    practice or operation of a business or profession beyond the scope of practice or operation as defined by the law or rule
  38. unprofessional conduct can be this...

    18.235.130
    misrepresentation in any aspect of the conduct or the business or profession
  39. unprofessional conduct can do this..

    18.235.130
    failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged
  40. unprofessional conduct can be this..

    18.235.130
    conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business
  41. unprofessional conduct can be this...

    18.235.130
    interference with an investigation by disciplinary authority
  42. unprofessional conduct can be this...

    18.235.130
    engaging in unlicensed practices as defined in RCW 18.235.010
  43. how much can the disciplinary authority fine an unlicensed person for performing licensed activities

    18.235.130
    a civil fine up to 1000 per day and may issue a cease and desist order
  44. how much can a fine be for a person or business that violates an injunction

    18.235.160
    up to 25,000$
  45. what is a person guilty of if attempting to obtain or maintain a license by willful or fraudulent misrepresentation
    gross misdemeanor
  46. how should pre-need contracts appear
    contracts must be written in language that can be easily understood by all parties and printed or typed in easily readable type size and style
  47. pre-need contracts need to contain 4 items on them, what are they
    • 1) the name of the purchaser and the beneficiary of the contract
    • 2) description of the services and merchandise to be provided
    • 3) the total purchase price to be paid under the contract and the manner and terms which will govern payment
    • 4) that all funds placed in trust plus net accruals are subject to refund
  48. who should date and sign the pre-need contract
    such contract shall be dates and be executed by the purchaser and by the funeral establishment through its owner, officer or managing agent
  49. such prearrangement funeral service trust agreements shall be btwn the funeral establishment and trustees designated by the funeral establishment. the agreement shall include language that provides for 8
    • a) a minimum of 2 trustees
    • b) duties and responsibilities of the trustees
    • c) method of removal of trustees
    • d) selection of depository(s)
    • e) details as to investment and administration of the trust
    • f) compensation of trustees and expenses to be used
    • h) provisions or amendment and termination of the trust agreement
  50. does  the board need to approve pre-need funeral trust agreements
    yes
  51. trust  fund depository agreement requirement
    • -set forth terms and conditions for deposits and withdrawals
    • -insured accounts or protected by fed
    • -conditions for termination or transfer of the trust
  52. annual statement requirements. how many days after fiscal yr has ended, does the funeral home have to make statement to board about its financial health
    90
  53. what does an annual statement for the funeral home include
    the statement shall include a balance sheet and profit and loss statement for the preceding fiscal year and/or other such fiscal documents as the board may requie
  54. the funeral establishment shall list any changes in its officers, directors, managers or partners or any change in ownership greater than ___ percent which have occurred in the preceding fiscal yr
    10%
  55. with respect to each prearrangement funeral service contract trust fund, the following information must be provided (8 ttl)
    • 1- depository name and acct #
    • 2- # contracts at fiscal yr beginning
    • 3- ttl amount paid by contract holders
    • 4- ttl amount deposit trust fund
    • 5- # new contrcts
    • 6- amount paid on new contracts
    • 7- withdrawals (includes principle and earnings)
    • 8- # outstanding contracts and amount in trust
  56. the annual report form must include a yr-end statement from the depository as to the amount of money held in funeral ____ ____ as of the reporting date
    prearrangement trust
  57. for the general welfare of the public and in order to protect the integrity of the funeral industry, the use of ___ ___ of prearrangements must be defined by the board
    telephonesolicitation
  58. "___ ___ " means an unsolicited telephone call to a person and conversation for the purpose of inducing the person to make funeral prearrangements made w/o previous invitation, expressed or implied, by the person called
    telephone solocitation
  59. time limits for telephone solicitation
    • more than 1x/6months
    • before 8am, after 9pm
  60. if  person called on a telephone solicitation requests not to be called put them on no call list...
    do not contact the callee for at least 1yr
  61. identification, w/I the first 30sec of the call, a telephone solicitor or salesperson shall:
    • a) identify herself, the company on whose behalf the solicitation is being made, the property, goods, or services being represented
    • b) terminate the telephone call w/I 10sec if the purchaser indicates he or she does not want the call
  62. retired status certificate of registration, how old do you have to be and what benefits does this confer
    • age 62
    • registration fee waived
    • no continuing
  63. in addition to the waiver of the renewal fee and continuing education, a retired registrant is permitted to
    • a) retain wall certificate
    • b) title funeral director supplement by "retire"
    • c) consultant services on funeral directors
    • d) provide referrals for persons seeking licensure
    • e) volunteer instructing on funeral directing
    • f) technical expert for court, or litigate
  64. can a retired funeral director/embalmer be active again
    yes, need to submit current licensing fee and written request to obtain license again
  65. care of human remains there are 7 requirements (1) is
    comply with all applicable Washington state laws, rules and regulations related to health or the handling, transportation or disposition of human remains
  66. care of human remains there are 7 requirements (2) is
    not perform any act which will tend to affect adversely the dignity, individual integrity or the respectful and reverential handling and burial or other customary disposition of human remains
  67. care of human remains there are 7 requirements 3 is
    upon receipt of remains, obtain ID of remains as set, by the institution, agency, or individual releasing remains and place an ID bracelet or tag on the ankle or wrist. if remains are in protective pouch due to condition, tag in/out of pouch
  68. care of human remains, there are 7 requirements 4 is
    follow the directions of the individual or individuals that has/have the right to control the disposition of the human remains
  69. care of the remains there are 7 requirements 5 is
    record this info, name, dod, pod, name and relationship of person(s) with right to control disposition, date and time of receipt of remains, date and time of refrigeration and/or embalming, method, date and location of disposition
  70. care of human remains, there are 7 requirements 6 is
    not separate any organs, viscera or appendages of a human remains from any portion of remains for separate disposition
  71. care of human remains, there 7 requirements 7 is
    the entire non cremated human remains that funeral homes has received and has poss. of must be maintained and disposed of as one entity
  72. care of human remains, there are 7 requirements, 7 is
    provide refrigerated holding of a human remains foe which embalming has not been authorized. in addition to these regulations, the handling and refrigeration of human remains shall be governed by chapter 246-500 WAC
  73. who can be present during prep, embalming or autopsy
    care and preparation for burial or disposition of all remains are private. no one allowed in embalming or prep rooms while remains are embalming or during autopsy except the licensee, authorized employees, and public officials in discharge of duties
  74. does a funeral home (fun establishment) need an exclusive area/office at an identified location for conducting the business which is accessible to the public
    yes, space must be made to the public
  75. provide private and secure area(s) for holding human remains which will include
    • -refrigerator with max temp of 48deg
    • -sink with hot/cold H2O
    • -covered receptacles for soiled linend, bandages, refuse and other waste materials which meet OSHA, WISHA, DOH and other applicable regulation
    • -chemicals for disinfecting remains
    • -chemicals storage
  76. does a funeral home need restrooms for public and staff
    yes
  77. what if the cooler is off-site
    provide the ID of the facility on request to board and individual(s) with right to control the disposition of the human remains where this establishment or branch provides for the holding and/or preparation of the human remains entrusted to its care
  78. when transporting human remains, how should vehicles provide privacy for human remains
    provide for the privacy of human remains in vehicles by screening, curtains, or adequately tinted windows
  79. what are requirements for embalming facilities
    • -surfaces tile or washable material
    • -light and ventilation
    • -hot and cold H2O, utility sink, and storage for instruments/supplies
    • -sewage and waste disposal and drainage
    • -entry door lab "Private", porous
    • -covered receptacles
  80. when does a licensee control remains
    no licensee will, directly or indirectly, assume control of any remains w/o having first obtained authority from the person(s) having the right the right to control the disposition of the remains under RCW 68.50.160
  81. what does "confidence" entail
    no licensee will remove, embalm, or perform prep of human remains when he/she has information indicating crime or violence in connection with the cause of death, until permission is obtained from coroner, medical examiner or other qualified official.

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