Term
| Any goods sold or offered for sale or rental directly to the public for use in connection with the final disposition of a dead human body. |
|
Definition
|
|
Term
| Any services sold or offered for sale directly to the public for use in connection with the final disposition of a dead human body. |
|
Definition
|
|
Term
| A cooperative association that sells or offers to sell funeral goods or services to its members. |
|
Definition
|
|
Term
| Any person who, for compensation, arranges, directs, or supervises funerals, memorial services, or graveside services, or engages in the business or practice of preparing dead human bodies for final disposition by means other than embalming. |
|
Definition
|
|
Term
| Any person that sells or offers to sell funeral goods, funeral services, burial site goods, or burial site services to the public. |
|
Definition
|
|
Term
| Does the term 'funeral provider' include monument builders who sell and install markers and headstones, with or without foundations, at retail to the public, but do not sell any other funeral good, funeral service, burial good, or burial site service? |
|
Definition
|
|
Term
| Any services which may be used to: (1) care for and prepare dead human bodies for burial, alkaline hydrolysis, cremation, or other final disposition; and (2) arrange, supervise, or conduct the funeral ceremony or the final disposition of dead human bodies. |
|
Definition
|
|
Term
| A service or rite, conducted at the place of interment, commemorating the deceased with the body present. |
|
Definition
|
|
Term
| Any person who, for compensation, practices the art of embalming and arranges, directs, or supervises funerals, memorial services, or graveside services, or engages in the business or practice of preparing dead human bodies for final disposition. |
|
Definition
|
|
Term
| The basic services of the funeral director or mortician and staff that are furnished by the funeral provider in arranging final disposition. The services include, but are not limited to, conducting the arrangement conference; planning visitations and the funeral, memorial service, or graveside service; arranging for final disposition by securing, preparing, and filing necessary permits and documents; and placing obituary notices. |
|
Definition
|
|
Term
| All manner of transportation via common carrier available to the general public including airlines, buses, railroads, and ships. |
|
Definition
|
|
Term
| Is a livery service providing transportation to private funeral establishments, alkaline hydrolysis facilities, or crematories considered public transportation? |
|
Definition
|
|
Term
| Person who handles provisions related to a funeral provider who is required to be licensed, registered, or issued a permit. |
|
Definition
|
|
Term
| Person who handles provisions related to insurance policies purchased by a preneed consumer to arrange for funeral goods, funeral services, burial site goods, or burial services. |
|
Definition
|
|
Term
| The commissioner shall enforce all laws and adopt and enforce rules relating to which 5 items? |
|
Definition
1. Removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies
2. Licensure and professional conduct of funeral directors, morticians, interns, practicum students, and clinical students
3. Licensing and operation of a funeral establishment
4. Licensing and operation of an alkaline hydrolysis facility
5. Licensing and operation of a crematory |
|
|
Term
| Does the commissioner provide copies of the requirements for licensure and permits to all applicants? |
|
Definition
|
|
Term
| Does the commissioner administer examinations and issue licenses and permits to qualified persons and other legal entities? |
|
Definition
|
|
Term
| Does the commissioner maintain a record of the name and location of all current licensees and interns? |
|
Definition
|
|
Term
| Does the commissioner perform periodic compliance reviews and premise inspections of licensees? |
|
Definition
|
|
Term
| Does the commissioner accept and investigate complaints relating to conduct governed by this chapter? |
|
Definition
|
|
Term
| Does the commissioner maintain a record of all current preneed arrangement trust accounts? |
|
Definition
|
|
Term
| Does the commissioner maintain a schedule of application, examination, permit, and licensure fees, initial and renewal, sufficient to cover all necessary operating expenses? |
|
Definition
|
|
Term
| Does the commissioner educate the public about the existence and content of the laws and rules for mortuary science licensing and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies to enable consumers to file complaints against licensees and others who may have violated those laws or rules? |
|
Definition
|
|
Term
| Does the commissioner evaluate the laws, rules, and procedures regulating the practice of mortuary science in order to refine the standards for licensing and to improve the regulatory and enforcement methods used? |
|
Definition
|
|
Term
| Does the commissioner initiate proceedings to address and remedy deficiencies and inconsistencies in the laws, rules, or procedures governing the practice of mortuary science and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies? |
|
Definition
|
|
Term
| A request for hearing must be in writing, delivered to the regulatory agency by certified mail within __ calendar days after the receipt of the correction order, and specifically state the reasons for seeking review of the order. |
|
Definition
|
|
Term
| The regulatory agency must initiate a hearing within __ calendar days from the date of receipt of the written request for hearing. |
|
Definition
|
|
Term
| A correction order must include which 4 items? |
|
Definition
1. A concise statement of the deficiencies alleged to constitute the violation
2. A reference to the section of law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that has been violated
3. A statement of the time by and the manner in which the violation must be corrected
4. A statement of the right to request a hearing |
|
|
Term
| An administrative penalty order must include which 4 items? |
|
Definition
1. A concise statement of the facts alleged to constitute a violation
2. A reference to the section of law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that has been violated
3. A statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based
4. A statement of the right to request a hearing |
|
|
Term
| When is an administrative penalty due when the subject of the order fails to provide information to the regulatory agency showing that the violation has been corrected or that appropriate steps have been taken toward correcting the violation? |
|
Definition
| On the 31st calendar day after the order was received |
|
|
Term
| When is an administrative penalty due when the regulatory agency has determined that the information provided is not sufficient to show that the violation has been corrected or that appropriate steps have been taken toward correcting the violation? |
|
Definition
| On the 20th day after the subject of the order receives the determination |
|
|
Term
| When is an administrative penalty due when the penalty is for repeated or serious violations and according to the order issued, the penalty will not be forgiven after corrective action is taken? |
|
Definition
| On the 31st day after the order was received |
|
|
Term
| The maximum amount of administrative penalty orders for each specific violation identified in an inspection, investigation, or compliance review |
|
Definition
|
|
Term
| In determining the amount of the administrative penalty, the regulatory agency shall consider the following 6 items. |
|
Definition
1. The willfulness of the violation
2. The gravity of the violation
3. The history of past violations
4. The number of violations
5. The economic benefit gained by the person allowing or committing the violation
6. other factors as justice may require, if the regulatory agency specifically identifies the additional factors in the regulatory agency's order |
|
|
Term
| In determining the amount of a penalty for a violation subsequent to an initial violation under paragraph (a), the regulatory agency shall also consider the following 3 items. |
|
Definition
1. The similarity of the most recent previous violation and the violation to be penalized
2. The time elapsed since the last violation
3. The response of the subject of the order to the most recent previous violation |
|
|
Term
| Once the regulatory agency issues a final order, any penalty due under that order shall be paid within __ calendar days after the date of the final order, unless review of the final order is requested. |
|
Definition
|
|
Term
| In addition to any other remedy provided by law, the regulatory agency may bring an action for ___ ___ in any district court in any district in Minnesota to restrain any person from violation or threatened violation of any law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit which the regulatory agency is empowered to enforce, regulate, or issue. |
|
Definition
|
|
Term
| In addition to any other remedy provided by law, the regulatory agency may issue a cease and desist order to accomplish 2 items. |
|
Definition
1. Stop a person from violating or threatening to violate any law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit which the regulatory agency is empowered to regulate, enforce, or issue
2. Prohibit a funeral provider from engaging in the sale of preneed funeral goods, funeral services, burial site goods, or burial site services if the funeral provider has been found in violation of any provision of this chapter |
|
|
Term
| Contents of a cease and desist order. |
|
Definition
| The cease and desist order must be in writing, state the specific reason for its issuance, and give notice of the right to request a hearing |
|
|
Term
| In the event of noncompliance with the cease and desist order, the regulatory agency may proceed with these 3 items. |
|
Definition
1. Institute a proceeding in any district court in any district in Minnesota to obtain injunctive relief
2. Impose an administrative penalty, pursuant to section 149A.06, for each separate violation
3. Revoke, suspend, limit, or condition the license or permit issued to the subject of the cease and desist order |
|
|
Term
| Does the issuance of a cease and desist order or injunctive relief relieve a person subject to regulation under this chapter from criminal prosecution by a competent authority? |
|
Definition
|
|
Term
| The regulatory agency may deny, refuse to renew, revoke, or suspend any license or permit applied for or issued pursuant to this chapter when the person subject to regulation under this chapter meets one of 11 conditions. |
|
Definition
1. Does not meet or fails to maintain the minimum qualification for holding a license or permit
2. Submits false or misleading material information to the regulatory agency in connection with a license or permit issued by the regulatory agency or the application for a license or permit
3. Violates any law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that regulates the removal, preparation, transportation, arrangements for disposition, or final disposition of dead human bodies in Minnesota or any other state in the U.S.
4. Is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the U.S.
5. Is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the U.S. that the regulatory agency determines is reasonably related to the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or the practice of mortuary science
6. Is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or mentally ill and dangerous to the public
7. Has a conservator or guardian appointed
8. Fails to comply with an order issued by the regulatory agency or fails to pay an administrative penalty imposed by the regulatory agency
9. Owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota Department of Revenue, or any other governmental agency authorized to collect taxes anywhere in the U.S.
10. Is in arrears on any court ordered family or child support obligations
11. Engages in any conduct that, in the determination of the regulatory agency, is unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit to practice mortuary science or to operate a funeral establishment or crematory |
|
|
Term
| Can the regulatory agency impose a fee on any person subject to regulation under this chapter to reimburse the Department of Health for all or part of the cost of contested case proceedings or civil action resulting in disciplinary action, including, but not limited to, the amount paid by the regulatory agency for services from the Office of Administrative Hearings, attorney fees, court reports, witnesses, reproduction of records, staff time, and other expenses? |
|
Definition
|
|
Term
| In a contested case proceeding or a civil action, the prevailing party other than the state, upon a showing that the position of the state was not substantially justified, shall be awarded _____. |
|
Definition
|
|
Term
| At least ___, the commissioner shall publish and make available to the public a description of all disciplinary measures or actions taken by the regulatory agencies. |
|
Definition
|
|
Term
| 3 educational requirements for licensure. |
|
Definition
1. Received a bachelor of science degree with a major in mortuary science from an accredited college or university
2. Received a bachelor of science or arts degree from an accredited college or university and completed a separate course of study in mortuary science from a college of funeral service education accredited by the American Board of Funeral Service Education
3. Completed credit hours at accredited colleges or universities that in the numerical aggregate and distribution are the functional equivalent of a bachelor of arts or science degree and have completed a separate course of study in mortuary science from a program of mortuary science accredited by the American Board of Funeral Service Education |
|
|
Term
| Which 2 items comprise an internship application? |
|
Definition
1. The appropriate fee
2. a registration form indicating the name and home address of the intern, the date the internship begins, and the name, license number, and business address of the supervising mortuary science licensee |
|
|
Term
| All information submitted to the commissioner by an applicant for licensure to practice mortuary science is classified as licensing data under section 13.41, with the exception of what? |
|
Definition
| The name and address of the applicant |
|
|
Term
| Upon issuance of a license to practice mortuary science, does all application information become licensing data? |
|
Definition
|
|
Term
| 3 CE hours are required in each of the following 3 areas. |
|
Definition
1. Body preparation, care, or handling
2. Professional practices
3. Regulation and ethics |
|
|
Term
| Licensees whose license ends in an odd number must report CE hours at renewal time every ___ year. |
|
Definition
|
|
Term
| A __ percent or more change in ownership or location of the funeral establishment automatically terminates the license. |
|
Definition
|
|
Term
| Are separate licenses required when two or more persons or other legal entities operating from the same location? |
|
Definition
|
|
Term
| In Minnesota no person shall, without being licensed by the commissioner of health perform which 3 items? |
|
Definition
1. Take charge of or remove a human body from the place of death
2. Prepare a dead human body for final disposition
3. Arrange, direct, or supervise a funeral, memorial service, or graveside |
|
|
Term
| 5 Exceptions to licensure. |
|
Definition
1. An anatomical bequest program located within an accredited school of medicine or an accredited college of mortuary science
2. A person engaged in the performance of duties prescribed by law relating to the conditions under which unclaimed dead human bodies are held subject to anatomical study
3. Authorized personnel from a licensed ambulance service in the performance of their duties
4. Licensed medical personnel in the performance of their duties
5. The coroner or medical examiner in the performance of the duties of their offices |
|
|
Term
| Are religious groups allowed to help prepare a dead human body for final disposition? |
|
Definition
|
|
Term
| Are unlicensed persons allowed to conduct a funeral/memorial service as long as the family knows they are unlicensed and approves? |
|
Definition
|
|
Term
| How often do funeral establishments need to be inspected? |
|
Definition
|
|
Term
| Can subpoenas be served upon any person named therein anywhere in the state by any person authorized to serve subpoenas or other processes in civil actions of the district courts? |
|
Definition
|
|
Term
| Does the regulatory agency encourage and promote cooperation between other state and federal authorities where there is overlapping enforcement or licensing jurisdiction? |
|
Definition
|
|
Term
| Will a failure to request a hearing constitute a waiver of the right to further judicial review of the final order? |
|
Definition
|
|
Term
| Can the regulatory agency place reasonable limitations or qualifications on the right to practice mortuary science or to operate a funeral establishment or crematory? |
|
Definition
|
|
Term
| Can the regulatory agency, where there is sufficient reason, restore a license or permit that has been revoked, reduce a period of suspension, or remove limitations or qualifications? |
|
Definition
|
|
Term
| The minimum age requirement to be licensed to practice mortuary science. |
|
Definition
|
|
Term
| 3 educational requirements for becoming a licensed funeral director in Minnesota. |
|
Definition
1. Received a bachelor of science degree with a major in mortuary science from an accredited college or university
2. Received a bachelor of science or arts degree from an accredited college or university and completed a separate course of study in mortuary science from a college of funeral service education accredited by the American Board of Funeral Service Education
3. Completed credit hours at accredited colleges or universities that in the numerical aggregate and distribution are the functional equivalent of a bachelor of arts or science degree and have completed a separate course of study in mortuary science from a program of mortuary science accredited by the American Board of Funeral Service Education |
|
|
Term
| If you are an intern at a funeral home in a different state, can you still obtain a MN license? |
|
Definition
| Yes, if the out-of-state internship supervisor has a valid MN license |
|
|
Term
| What is the minimum amount of internship hours required to be completed? |
|
Definition
|
|
Term
| Within how many years must you complete 2,080 internship hours? |
|
Definition
|
|
Term
| How many internship hours can be waived by the commissioner from satisfactory completion of a clinical in mortuary science (administered through the program at the UMN)? |
|
Definition
|
|
Term
| A complete application for an internship includes which 2 items? |
|
Definition
1. The appropriate fee
2. A registration form indicating:
-the name and home address of the intern -the date the internship begins
-the name, license number, and business address of the supervising mortuary science licensee |
|
|
Term
| A complete application for initial licensure includes which 6 items? |
|
Definition
1. A completed application form, as provided by the commissioner
2. Proof of age
3. An official transcript from each post high school educational institution attended, including colleges of funeral service education
4. Certification of a passing score on the National Board Examination from the commissioner of the Conference
5. A copy of the notification of a passing score on the state licensing examination
6. A signed, dated, and notarized affidavit from the licensee who supervised the Minnesota internship stating the date the internship began and ended and that both the applicant and the supervising licensee fulfilled the requirements under subdivision 6 |
|
|
Term
| The period of licensure for practitioners. |
|
Definition
| One calendar year, beginning on January 1 and ending on December 31 |
|
|
Term
| Any change of license information (including practitioners, funeral establishments, crematories, and alkaline hydrolysis facilities) must be reported to the commissioner, on forms provided by the commissioner, no later than __ calendar days after the change occurs. |
|
Definition
|
|
Term
| Any person who held a funeral director only license on which date may renew the license under the section 'Limited license; funeral director only'? Individuals practicing under a funeral director only license issued under this subdivision are prohibited from engaging in the practice of embalming a dead human body. |
|
Definition
|
|
Term
| A complete renewal for license application includes which 2 items? |
|
Definition
1. A completed renewal application form (as provided by the commissioner)
2. The appropriate renewal licensing fee |
|
|
Term
| Renewal applications received after the expiration date shall result in a late filing penalty (this includes practitioners, funeral establishments, crematories, and alkaline hydrolysis facilities.) When must the late filing penalty be paid? |
|
Definition
| No later than 31 calendar days after the expiration date of the license |
|
|
Term
| When will a license lapse (for a practitioner, funeral establishment, crematory, or alkaline hydrolysis facility)? |
|
Definition
| When a completed renewal application and renewal fee are not received by the commissioner within 31 calendar days after the expiration date of the license |
|
|
Term
| If your license is lapsed, what will the commissioner do? |
|
Definition
| The commissioner shall issue a cease and desist order to prevent the individual from engaging in the practice of mortuary science in Minnesota and may pursue any additional lawful remedies as justified by the case |
|
|
Term
| Can the commissioner restore a lapsed license? |
|
Definition
| Yes, upon receipt and review of a completed renewal application, renewal fee, and late filing penalty, provided that the receipt is made within one calendar year from the expiration date of the lapsed license and the person has not violated the cease and desist order issued by the commissioner |
|
|
Term
| The commissioner shall require 15 continuing education (CE) hours for renewal of a license to practice mortuary science every... |
|
Definition
|
|
Term
| How does someone get granted emeritus registration? |
|
Definition
1. If they have completed their career in good standing with the commissioner
2. Pays a onetime fee of $50 |
|
|
Term
| 3 requirements for a funeral establishment. |
|
Definition
1. Comply with preparation and embalming room requirements
2. Contain office space for making arrangements
3. Comply with applicable local and state building codes, zoning laws, and ordinances |
|
|
Term
| A complete license for a funeral establishment includes which 3 items? |
|
Definition
1. A completed application form, as provided by the commissioner
2. Proof of business form and ownership
3. Proof of liability insurance coverage or other financial documentation, as determined by the commissioner, that demonstrates the applicant's ability to respond in damages for liability arising from the ownership, maintenance, management, or operation of a funeral establishment |
|
|
Term
| Period of licensure for funeral establishments. |
|
Definition
| One calendar year beginning on July 1 and ending on June 30 |
|
|
Term
| Does the commissioner have to inspect the funeral establishment after receiving a license renewal application? |
|
Definition
|
|
Term
| A complete renewal license for a funeral establishment includes which 2 items? |
|
Definition
1. A completed renewal application form, as provided by the commissioner
2. Proof of liability insurance coverage or other financial documentation, as determined by the commissioner, that demonstrates the applicant's ability to respond in damages for liability arising from the ownership, maintenance, management, or operation of a funeral establishment |
|
|
Term
| 3 requirements for a crematory. |
|
Definition
1. A building or structure that complies with applicable local and state building codes, zoning laws and ordinances, and environmental standards, containing one or more cremation chambers or retorts for the cremation of dead human bodies
2. A motorized mechanical device for grinding, crushing, or pulverizing the cremated remains to a granulated appearance appropriate for final disposition
3. An appropriate holding facility for dead human bodies awaiting cremation |
|
|
Term
| Can a crematory also contain a display room for funeral goods? |
|
Definition
|
|
Term
| A complete application for a crematory license includes which 3 items? |
|
Definition
1. A completed application form, as provided by the commissioner
2. Proof of business form and ownership
3. Proof of liability insurance coverage or other financial documentation, as determined by the commissioner, that demonstrates the applicant's ability to respond in damages for liability arising from the ownership, maintenance, management, or operation of a crematory |
|
|
Term
| 5 requirements for an alkaline hydrolysis facility. |
|
Definition
1. A building or structure that complies with applicable local and state building codes, zoning laws and ordinances, and wastewater management and environmental standards, containing one or more alkaline hydrolysis vessels for the alkaline hydrolysis of dead human bodies
2. A method approved by the commissioner of health to dry the hydrolyzed remains and which is located within the licensed facility
3. A means approved by the commissioner of health for refrigeration of dead human bodies awaiting alkaline hydrolysis
4. An appropriate means of processing hydrolyzed remains to a granulated appearance appropriate for final disposition
5. An appropriate holding facility for dead human bodies awaiting alkaline hydrolysis |
|
|
Term
| Can an alkaline hydrolysis facility contain a display room for funeral goods? |
|
Definition
|
|
Term
| A complete application for an alkaline hydrolysis facility license includes which 4 items? |
|
Definition
1. A completed application form, as provided by the commissioner
2. Proof of business form and ownership
3. Proof of liability insurance coverage or other financial documentation, as determined by the commissioner, that demonstrates the applicant's ability to respond in damages for liability arising from the ownership, maintenance management, or operation of an alkaline hydrolysis facility
4. Copies of wastewater and other environmental regulatory permits and environmental regulatory licenses necessary to conduct operations |
|
|
Term
| If the licensee for an alkaline hydrolysis facility is operating under a wastewater or an environmental permit or license that is subsequently revoked, denied, or terminated, does the licensee have to notify the commissioner? |
|
Definition
|
|
Term
| Who can report conduct constituting grounds for disciplinary action relating to licensure, licensed activities or practices, or unlicensed activities? |
|
Definition
| Any person, agency, political subdivision, organization, or association that has knowledge of any conduct constituting grounds for disciplinary action relating to licensure, licensed activities or practices, or unlicensed activities |
|
|
Term
| An agency, political subdivision, or organization may report which 4 items regarding any conduct that might constitute grounds for disciplinary action? |
|
Definition
1. Any action taken to revoke, suspend, restrict, or condition a license issued by the agency, political subdivision, or organization
2. Any denial of privileges granted by the agency, political subdivision, or organization
3. The resignation of any licensee prior to the conclusion of any disciplinary action or proceeding for conduct that might constitute grounds for disciplinary action under this chapter
4. Any other disciplinary action taken by the agency, political subdivision, or organization for conduct that might constitute grounds for disciplinary action under this chapter |
|
|
Term
| Can a national, regional, state, or local professional society or association for licensees forward to the regulatory agency any complaint received concerning conduct or activity? |
|
Definition
|
|
Term
| Can a society or association report to the regulatory agency any disciplinary action taken against a member of that society or association? |
|
Definition
|
|
Term
| Can a licensee or intern report to the commissioner any conduct that the licensee or intern has personal knowledge of, and reasonably believes constitutes grounds for, disciplinary action? |
|
Definition
|
|
Term
| Who shall report to the commissioner any judgment or other determination of the court that adjudges or includes a finding that a licensee or intern is a person who is mentally ill, mentally incompetent, guilty of a felony or gross misdemeanor, guilty of violations of federal or state narcotics laws or controlled substances acts; appoints a guardian or conservator for the licensee or intern; or commits a licensee or intern? |
|
Definition
| The court administrator of district court or any court of competent jurisdiction |
|
|
Term
| What will be given to a complainant following an investigation? |
|
Definition
| The regulatory agency shall furnish to a complainant a statement of the result of an investigation of the complaint and a description of the activities and actions of the regulatory agency relating to the complaint |
|
|
Term
| Is any person, private agency, organization, society, association, licensee, or intern who, in good faith, submits information to a regulatory agency or otherwise reports violations or alleged violations of this chapter, immune from civil liability or criminal prosecution? |
|
Definition
| Yes, unless they are reporting on themselves |
|
|
Term
| What is the fee for the initial and renewal registration of a mortuary science intern? |
|
Definition
|
|
Term
| What is the fee for the mortuary science examination? |
|
Definition
|
|
Term
| What is the fee for the issuance of initial and renewal of mortuary science licenses? |
|
Definition
|
|
Term
| What is the late fee charge for a license renewal of a practitioner, funeral establishment, crematory, or alkaline hydrolysis facility? |
|
Definition
|
|
Term
| What is the fee for issuing a mortuary science license by endorsement (coming from another state to get an MN license)? |
|
Definition
|
|
Term
| What is the initial and renewal fee for funeral establishments/crematories/alkaline hydrolysis facilities? |
|
Definition
|
|
Term
| Where do the various fees for licensure go? |
|
Definition
| Fees are deposited in the state treasury and credited to the state government special revenue fund |
|
|
Term
| Do you need to have a valid license in order to call yourself a mortician/funeral director, funeral home, crematory, or alkaline hydrolysis facility? |
|
Definition
|
|
Term
| False, misleading, or deceptive advertising includes, but is not limited to which 4 items? |
|
Definition
1. Identifying, by using the names or pictures of, persons who are not licensed to practice mortuary science in a way that leads the public to believe that those persons will provide mortuary science services
2. Using any name other than the names under which the funeral establishment, alkaline hydrolysis facility, or crematory is known to or licensed by the commissioner
3. Using a surname not directly, actively, or presently associated with a licensed funeral establishment, alkaline hydrolysis facility, or crematory, unless the surname had been previously and continuously used by the licensed funeral establishment, alkaline hydrolysis facility, or crematory
4. Using a founding or establishing date or total years of service not directly or continuously related to a name under which the funeral establishment, alkaline hydrolysis facility, or crematory is currently or was previously licensed |
|
|
Term
| Does any advertising or other printed material that contains the names or pictures of persons affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory need to state the position held by the persons and identify each person who is licensed or unlicensed? |
|
Definition
|
|
Term
| Can a licensee directly or indirectly pay or cause to be paid any sum of money or other valuable consideration for the securing of business or for obtaining the authority to dispose of any dead human body? |
|
Definition
|
|
Term
| Can a licensee, clinical student, practicum student, or intern offer, solicit, or accept a commission, fee, bonus, rebate, or other reimbursement in consideration for recommending or causing a dead human body to be disposed of by a specific body donation program, funeral establishment, alkaline hydrolysis facility, crematory, mausoleum, or cemetery? |
|
Definition
|
|
Term
| 3 solicitations prohibited in certain situations for funeral providers or whole body donation programs. |
|
Definition
1. Call upon an individual at a grave site, in a hospital, nursing home, hospice, or similar institution or facility, or at a visitation, wake, or reviewal for the purpose of soliciting the sale of funeral goods, funeral services, burial site goods, or burial site services or for the purpose of making arrangements for a funeral or the final disposition of a dead human body, without a specific request for solicitation from that individual
2. Solicit the sale of funeral goods, funeral services, burial site goods, or burial site services from an individual whose impending death is readily apparent, without a specific request for solicitation from that individual
3. Engage in solicitation of an individual who has the right to control the final disposition of a dead human body within ten days after the death of the individual whose body is being disposed, without a specific request for solicitation from that individual |
|
|
Term
| Does the solicitation subdivision apply to communications between an individual and a funeral provider who is related to the individual by blood, adoption, or marriage? |
|
Definition
|
|
Term
| When can a licensee be personally assisted by a nonlicensed employee? |
|
Definition
| When removing a dead human body from the place of death and in the lifting of a dead human body at the funeral establishment |
|
|
Term
| Are funeral establishments and the individual licensee responsible for compliance and training of the nonlicensed employee? |
|
Definition
|
|
Term
| Unprofessional conduct includes, but is not limited to which 8 items? |
|
Definition
1. Harassing, abusing, or intimidating a customer, employee, or any other person encountered while within the scope of practice, employment, or business
2. Using profane, indecent, or obscene language within the immediate hearing of the family or relatives of the deceased
3. Failure to treat with dignity and respect the body of the deceased, any member of the family or relatives of the deceased, any employee, or any other person encountered while within the scope of practice, employment, or business
4. The habitual overindulgence in the use of or dependence on intoxicating liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering substances that substantially impair a person's work-related judgment or performance
5. Revealing personally identifiable facts, data, or information about a decedent, customer, member of the decedent's family, or employee acquired in the practice or business without the prior consent of the individual, except as authorized by law
6. Intentionally misleading or deceiving any customer in the sale of any goods or services provided by the licensee
7. Knowingly making a false statement in the procuring, preparation, or filing of any required permit or document
8. Knowingly making a false statement on a record of death |
|
|
Term
| Must all funeral establishments and funeral providers clearly state by whom they are owned on all price lists, business literature, stationery, websites, correspondence, and contracts? |
|
Definition
|
|
Term
| Does the disclosure of ownership subdivision apply to envelopes, business cards, newspaper advertisements, telephone book advertisements, billboard advertisements, or radio and television advertisements? |
|
Definition
|
|
Term
| If there is a change in ownership of a funeral establishment/provider, the new owners have how to notify all preneed consumers (by first class mail) within how many days? |
|
Definition
|
|
Term
| What does a change in ownership notification to preneed customers consist of? |
|
Definition
| The notification shall advise the preneed consumers of their right to transfer all preneed trust funds to a new funeral provider and shall advise all preneed consumers who have revocable preneed trusts of their right to terminate the trust and receive a refund of all principal paid into the trust, plus interest accrued |
|
|
Term
| Change of ownership can mean which 3 items? |
|
Definition
1. The sale or transfer of 50 percent or more of the controlling interest or assets of a funeral establishment or funeral provider
2. The sale or transfer of a controlling interest of a funeral establishment or funeral provider
3. The termination of the business of a funeral establishment or funeral provider where there is no transfer of assets or stock |
|
|
Term
| Controlling interest can mean which 2 items? |
|
Definition
1. An interest in a partnership of greater than 50 percent
2. Greater than 50 percent of the issued and outstanding shares of a stock of a corporation |
|
|
Term
| What size font must be used for a price list? |
|
Definition
|
|
Term
| 9 goods that require their own price list. |
|
Definition
1. Caskets
2. Alternative containers
3. Outer burial containers
4. Alkaline hydrolysis containers
5. Cremation containers
6. Hydrolyzed remains containers
7. Cremated remains containers
8. Markers
9. Headstones |
|
|
Term
| What must each separate price list contain? |
|
Definition
| The name of the funeral provider's place of business, address, and telephone number and a caption describing the list as a price list for one of the types of funeral goods or burial site goods |
|
|
Term
| When must the funeral provider offer a price list? |
|
Definition
| Upon beginning discussion of, but in any event before showing, the specific funeral goods or burial site goods and must provide a photocopy of the price list, for retention, if so asked by the consumer |
|
|
Term
| The separate price lists must contain which 3 items? |
|
Definition
1. The retail prices of all the specific funeral goods and burial site goods offered which do not require special ordering
2. Enough information to identify each
3. The effective date for the price list |
|
|
Term
| Are funeral providers required to make a specific price list available if the funeral providers place the information required by this paragraph on the general price list? |
|
Definition
|
|
Term
| Do funeral providers need to give a printed price list, for retention, to persons who inquire in person about the funeral goods, funeral services, burial site goods, or burial site services or prices offered by the funeral provider? |
|
Definition
| Yes, whether the discussion takes place in the funeral establishment or elsewhere |
|
|
Term
| Does an in-person request for authorization to embalm when the deceased is removed for transportation to the funeral establishment, by itself, trigger the requirement to offer the general price list? |
|
Definition
| No, as long as the provider, in making an in-person request for authorization to embalm, discloses that embalming is not required by law except in certain special cases |
|
|
Term
| The general price list must contain which 14 items? |
|
Definition
1. The name, address, and telephone number of the funeral provider's place of business
2. A caption describing the list as a "general price list"
3. The effective date for the price list
4. The retail prices, in any order, expressed either as a flat fee or as the prices per hour, mile, or other unit of computation
5. The price range for the caskets
6. The price range for the alternative containers
7. The price range for the outer burial containers
8. The price range for the alkaline hydrolysis container
9. The price range for the hydrolyzed remains container
10. The price range for the cremation containers
11. The price range for the cremated remains containers
12. The price for the basic services of funeral provider and staff, together with a list of the principal basic services provided for any quoted price
13. The price range for the markers and headstones
14. Any package priced funerals offered the funeral goods and services being offered, the price being charged for those goods and services, and the discounted savings |
|
|
Term
| The retail prices on the general price list include which 14 items? |
|
Definition
1. Forwarding of remains to another funeral establishment
2. Receiving remains from another funeral establishment
3. Separate prices for each alkaline hydrolysis or cremation offered by the funeral provider, with the price including an alternative container or alkaline hydrolysis or cremation container, any alkaline hydrolysis or crematory charges, and a description of the services and container included in the price, where applicable, and the price of alkaline hydrolysis or cremation where the purchaser provides the container
4. Separate prices for each immediate burial offered by the funeral provider, including a casket or alternative container, and a description of the services and container included in that price, and the price of immediate burial where the purchaser provides the casket or alternative container
5. Transfer of remains to the funeral establishment or other location
6. Embalming
7. Other preparation of the body
8. Use of facilities, equipment, or staff for viewing
9. Use of facilities, equipment, or staff for funeral ceremony
10. Use of facilities, equipment, or staff for memorial service
11. Use of equipment or staff for graveside service
12. Hearse or funeral coach
13. Limousine
14. Separate prices for all cemetery-specific goods and services, including all goods and services associated with interment and burial site goods and services and excluding markers and headstones |
|
|
Term
| Upon receiving actual notice of the death of an individual with whom a funeral provider has entered a preneed funeral agreement, does the funeral provider have to provide a copy of all preneed funeral agreement documents to the person who controls final disposition of the human remains or to the designee of the person controlling disposition? |
|
Definition
|
|
Term
| When must the preneed arrangement documents need to be provided to the person arranging the funeral? |
|
Definition
| The person controlling final disposition shall be provided with these documents at the time of the person's first in-person contact with the funeral provider, if the first contact occurs in person at a funeral establishment, alkaline hydrolysis facility, crematory, or other place of business of the funeral provider; If the contact occurs by other means or at another location, the documents must be provided within 24 hours of the first contact |
|
|
Term
| Does any funeral provider who sells or offers to sell funeral goods or burial site goods to the public, at all times, have to display the retail price of all displayed funeral goods or burial site goods in a conspicuous place on the goods? |
|
Definition
|
|
Term
| Any funeral provider who sells or offers to sell a casket, alternate container, alkaline hydrolysis container, hydrolyzed remains container, cremation container, or cremated remains container to the public must maintain a record of each sale that includes which 5 items? |
|
Definition
1. The name of the purchaser
2. The purchaser's mailing address
3. The name of the decedent
4. The date of the decedent's death
5. The place of death |
|
|
Term
| What does any funeral provider selling a casket, alternate container, or cremation container to the public, and not having charge of the final disposition of the dead human body need to provide? |
|
Definition
| A copy of the statutes and rules controlling the removal, preparation, transportation, arrangements for disposition, and final disposition of a dead human body (Does not apply to morticians, funeral directors, funeral establishments, crematories, or wholesale distributors of caskets, alternate containers, alkaline hydrolysis containers, or cremation containers) |
|
|
Term
| In selling or offering to sell funeral goods or funeral services to the public, is it a deceptive act or practice for a funeral provider to represent that state or local law requires that a dead human body be embalmed when that is not the case or to fail to disclose that embalming is not required by law except in certain cases? |
|
Definition
|
|
Term
| Embalming disclosure that must be displayed in immediate conjunction with the price shown for embalming. |
|
Definition
| Except in certain cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial or when refrigeration or use of dry ice is available |
|
|
Term
| In selling or offering to sell funeral goods or funeral services to the public, is it a deceptive act or practice for a funeral provider to represent that a casket is required for alkaline hydrolysis or cremations by state or local law or otherwise? |
|
Definition
|
|
Term
| Casket for alkaline hydrolysis disclosure that must be displayed in immediate conjunction with the prices shown for alkaline hydrolysis. |
|
Definition
| Minnesota law does not require you to purchase a casket for alkaline hydrolysis. If you want to arrange for alkaline hydrolysis, you can use an alkaline hydrolysis container. An alkaline hydrolysis container is a hydrolyzable or biodegradable closed container or pouch resistant to leakage of bodily fluids that encases the body and into which a dead human body is placed prior to insertion into an alkaline hydrolysis vessel. The containers we provide are (specify containers provided) |
|
|
Term
| Casket for cremation disclosure that must be displayed in immediate conjunction with the prices shown for cremations. |
|
Definition
| Minnesota law does not require you to purchase a casket for cremation. If you want to arrange a cremation, you can use a cremation container. A cremation container is a combustible, closed container that encases the body and can be made of materials like fiberboard or corrugated cardboard and into which a dead human body is placed prior to insertion into a cremation chamber for cremation. The containers we provide are (specify containers provided) |
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to fail to disclose that a casket has been used in a previous funeral ceremony when that is the case? |
|
Definition
|
|
Term
| Rental casket disclosure that must be displayed in immediate conjunction with the prices shown for funeral goods or funeral services where a casket may be rented rather than purchased. |
|
Definition
| If you choose a funeral service where a rental casket is provided, the casket used for the funeral service may have been used in a previous funeral service. If the casket has been used in a previous funeral service, the interior lining has either been replaced or thoroughly cleaned |
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to represent that state or local laws or regulations, or particular cemeteries, require outer burial containers when that is not the case or to fail to disclose to consumers arranging funerals that state law or local law does not require the purchase of an outer burial container? |
|
Definition
|
|
Term
| Outer burial container disclosure that must be displayed in immediate conjunction with those prices. |
|
Definition
| In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements |
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to represent that federal, state, or local laws, or particular cemeteries, alkaline hydrolysis facilities, or crematories require the purchase of any funeral goods, funeral services, burial site goods, or burial site services when that is not the case? |
|
Definition
|
|
Term
| n selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to represent that funeral goods, funeral services, burial site goods, or burial site services will delay the natural decomposition of human remains for a long term or indefinite time or to represent that funeral goods or burial site goods have protective features, beyond a lid sealing casket, or will protect the body from grave site substances, when that is not the case? |
|
Definition
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to represent that the price charged for a cash advance item is the same as the cost to the funeral provider for the item when that is not the case or to fail to disclose to the consumer arranging the funeral that the price charged for a cash advance item is not the same as the cost to the funeral provider when that is not the case? |
|
Definition
|
|
Term
| In what situation would you have to include the cash advance items disclosure on the statement of funeral goods and services selected? |
|
Definition
| If the funeral provider makes a charge upon, or receives and retains a rebate, commission, or trade or volume discount upon a cash advance item |
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to require that a casket be purchased for alkaline hydrolysis or cremation? |
|
Definition
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to condition the furnishing of any funeral good, funeral service, burial site good, or burial site service to a consumer arranging a funeral upon the purchase of any other funeral good, funeral service, burial site good, or burial site service, except as may be otherwise required by law or to charge any fee as a condition to furnishing any funeral goods, funeral services, burial site goods, or burial site services to a consumer arranging a funeral, other than the fees for services of funeral director and staff, other funeral services, funeral goods, burial site goods, and burial site services selected by the purchaser, and other funeral goods, funeral services, burial site goods, or burial site services required to be purchased, as explained on the itemized statement? |
|
Definition
|
|
Term
| In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, is it a deceptive act or practice for a funeral provider to charge an increased price for the handling, placing, or setting of a funeral good or burial site good based upon the fact that the good was not purchased from that funeral provider? |
|
Definition
|
|
Term
| Is it a deceptive act or practice for a funeral provider to require as a condition of providing any funeral good or burial site good that the funeral good or burial site good be purchased by a consumer when rental of the good is practicable? |
|
Definition
|
|
Term
| In selling or offering to sell funeral goods or funeral services to the public, is it a deceptive act or practice for any funeral provider to embalm a dead human body unless state or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which might be made, or prior approval for embalming has been obtained from an individual legally authorized to make such a decision? |
|
Definition
|
|
Term
| Is a funeral provider prohibited from interring a lined and sealed outer burial container until the death of the beneficiary? |
|
Definition
|
|
Term
| For how long is a funeral provider required to keep a copy of a price list? |
|
Definition
| A minimum of one calendar year after the date of their last distribution to customers |
|
|
Term
| Funeral providers must retain a copy of each statement of funeral goods, funeral services, burial site goods, and burial site services selected for how many years after the arrangement? |
|
Definition
| 3 years + 7 years in storage or reduced to microfilm, microfiche, laser disc, or any other method that can produce an accurate reproduction of the original record |
|
|
Term
| What can the funeral provider do with records after 10 years? |
|
Definition
| Destroy the records by shredding, incineration, or any other manner that protects the privacy of the individuals identified in the records |
|
|
Term
| Do disposition arrangements made by the decedent before their death need to be in writing and dated, signed, and witnessed? |
|
Definition
|
|
Term
| If disposition instructions are contained in a will, shall it be immediately carried out, regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date, subject to other provisions? |
|
Definition
|
|
Term
| The duty of final disposition of the dead human body in order of priority. |
|
Definition
1. The person appointed in a dated written instrument signed by the decedent
2. The spouse of the decedent
3. The adult child/the majority of the adult children of the decedent
4. The surviving parent(s) of the decedent (having equal authority)
5. The adult sibling or the majority of the adult siblings of the decedent
6. The adult grandchild or the majority of the adult grandchildren of the decedent
7. The grandparent or the grandparents of the decedent
8. The adult nieces and nephews of the decedent, or a majority of them
9. The person or persons who were acting as the guardians of the person of the decedent with authority to make health care decisions for the decedent at the time of death
10. An adult who exhibited special care and concern for the decedent
11. The person or persons respectively in the next degree of kinship in the order named by law to inherit the estate of the decedent
12. The appropriate public or court authority, as required by law |
|
|
Term
| Definition of 'estranged' |
|
Definition
| Having a relationship characterized by mutual enmity, hostility, or indifference |
|
|
Term
| If there is only one person in a degree of relationship to the decedent who is determined to be estranged at the time of death, the right to control and the duty of disposition shall devolve to whom? |
|
Definition
| The person in the next degree of relationship |
|
|
Term
| If a person refuses to accept or declines to act upon the right or duty to control disposition, who gets the right to control? |
|
Definition
| Another person or persons with the same degree of relationship to the decedent; then to the person or persons in the next degree of relationship to the decedent |
|
|
Term
| What can a mortician or funeral director do if there is a dispute regarding the right to control disposition? |
|
Definition
| File a petition in the district court in the county of residence of the decedent requesting that the court make a determination in the matter |
|
|
Term
| Should the right to control and duty of disposition devolve to more than one person with the same degree of relationship to the decedent and those persons cannot, by majority vote, make a decision regarding arrangements and final disposition and a district court has been petitioned to make a determination, the court shall consider which 4 factors in making its determination? |
|
Definition
1. The reasonableness, practicality, and resources available for payment of the proposed arrangements and final disposition
2. The degree of the personal relationship between the decedent and each of the persons in the same degree of relationship to the decedent
3. The expressed wishes and directions of the decedent and the extent to which the decedent has provided resources for the purpose of carrying out the wishes or directions
4. The degree to which the arrangements and final disposition will allow for participation by all who wish to pay respect to the decedent |
|
|
Term
| A funeral director or mortician shall have complete authority to control the final disposition and to proceed under this chapter to recover reasonable charges for the final disposition if which 2 conditions apply? |
|
Definition
1. The funeral director or mortician has actual knowledge that none of the persons described in subdivision 2, clauses (1) to (6), exist or that none of the persons so described can be found after reasonable inquiry or contacted by reasonable means
2. The appropriate public or court authority fails to assume responsibility for disposition of the remains within 36 hours after having been given written notice of the facts. Written notice may be delivered by hand, United States mail, facsimile transmission, or telegraph |
|
|
Term
| In addition to separate contractual obligations, the liability for the reasonable cost of final disposition devolves upon whom? |
|
Definition
| The estate of the decedent, regardless of whether testate or intestate, and the distributees of the estate |
|
|
Term
| In the case of persons who die without apparent financial means to provide for final disposition, who is responsible for disposition? |
|
Definition
| The county board of the county in which the death occurred |
|
|
Term
| In the case of unclaimed bodies delivered for dissection by the medical examiner and anatomical gifts of the entire body, subject to the terms of the gift, who has liability for transportation and final disposition? |
|
Definition
| The institution receiving the body |
|
|
Term
| Any person that arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, or who, without authority of law, obstructs or detains a person charged with the duty or engaged in the final disposition of a dead human body, or fails to release any dead human body upon the receipt of authorization for the release signed by a person or persons entitled to custody of the body is guilty of what? |
|
Definition
|
|
Term
| When the anatomical gift is of a part of a body, after procurement of the gift organ or organs, custody of the remainder of the body goes to whom? |
|
Definition
| The person or persons under legal obligation to dispose of the body |
|
|
Term
| When the gift is of the whole body, after it has served the purpose of the gift, subject to the terms of the gift, the body shall be decently buried in a public or private cemetery or cremated and disposed of in any lawful manner and the expense of transporting and burying or cremating the body shall be borne by whom? |
|
Definition
|
|
Term
| Where the donee takes immediate delivery of the body pursuant to the gift, does the donee need to complete and file the death record? |
|
Definition
|
|
Term
| Does a death record (certificate) need to be completed and filed for every known death by the mortician, funeral director, or other person lawfully in charge of the final disposition of the body? |
|
Definition
|
|
Term
| If the body is that of an individual whose identity is unknown, the person in charge of the final disposition of the body must do what? |
|
Definition
|
|
Term
| A certificate of removal must contain, at least, which 6 items? |
|
Definition
1. The name of the deceased, if known
2. The date and time of removal
3. A brief listing of the type and condition of any personal property removed with the body
4. The location to which the body is being taken
5. The name, business address, and license number of the individual making the removal
6. The signatures of the individual making the removal and, where possible, the individual or representative of the legal entity with physical or legal custody of the body at the death site |
|
|
Term
| A certificate of removal shall be retained by the individual making the removal and shall be kept on file, at the funeral establishment to which the body was taken, for how long? |
|
Definition
|
|
Term
| Before removal, how should the body be prepared? |
|
Definition
| The body shall be wrapped in a sheet or pouch that is impervious to liquids, covered in such a manner that the body cannot be viewed, and placed on a regulation ambulance cot or on an aircraft ambulance stretcher |
|
|
Term
| Any dead human body measuring __ inches or fewer in length may be removed after having been properly wrapped, covered, and encased, but does not need to be placed on an ambulance cot, aircraft ambulance stretcher, or rigid tray. |
|
Definition
|
|
Term
| A dead human body may be transported from the place of death by any vehicle that meets which 5 standards? |
|
Definition
1. Promotes respect for and preserves the dignity of the dead human body
2. Shields the body from being viewed from outside of the conveyance
3. Has ample enclosed area to accommodate a cot, stretcher, or rigid tray in a horizontal position
4. Is so designed to permit loading and unloading of the body without excessive tilting of the cot, stretcher, or rigid tray
5. If used for the transportation of more than one dead human body at one time, the vehicle must be designed so that a body or container does not rest directly on top of another body or container and that each body or container is secured to prevent the body or container from excessive movement within the conveyance |
|
|
Term
| A dead human body measuring 36 inches or fewer in length may be transported from the place of death by what? |
|
Definition
| A passenger automobile (a vehicle designed and used for carrying not more than ten persons; excludes motorcycles and motor scooters) |
|
|
Term
| No person shall be permitted to be present in the preparation room while a dead human body is being embalmed, washed, or otherwise prepared for final disposition, except which 4 people? |
|
Definition
1. Licensed morticians
2. Registered interns or students
3. Public officials or representatives in the discharge of their official duties
4. Licensed medical personnel |
|
|
Term
| Are licensed funeral homes allowed to have the decedent's family participate in washing and dressing the body in a private location other than the preparation room of the funeral home? |
|
Definition
|
|
Term
| A dead human body must be embalmed by a licensed mortician or registered intern or practicum student or clinical student, refrigerated, or packed in dry ice in which 4 circumstances? |
|
Definition
1. If the body will be transported by public transportation
2. If final disposition will not be accomplished within 72 hours after death or release of the body by a competent authority with jurisdiction over the body or the body will be lawfully stored for final disposition in the future
3. If the body will be publicly viewed
4. If so ordered by the commissioner of health for the control of infectious disease and the protection of the public health |
|
|
Term
| Dry ice may only be used when the dead human body is publicly viewed within ___ ___. |
|
Definition
|
|
Term
| A body may not be kept in refrigeration for a period that exceeds __ calendar days from the time and release of the body from the place of death or from the time of release from the coroner or medical examiner. |
|
Definition
|
|
Term
| A body may not be packed in dry ice for a period that exceeds __ calendar days from the time and release of the body from the place of death or from the time of release from the coroner or medical examiner. |
|
Definition
|
|
Term
| Oral permission to embalm shall constitute an effective authorization to embalm if the individual seeking permission does what? |
|
Definition
| Uses the word "embalm," briefly explains the nature of embalming, and briefly outlines the existing laws regulating the timing and reasons for embalming, and obtains written authorization as soon as is possible thereafter |
|
|
Term
| Shall predeath directives authorizing embalming, duly executed by the deceased, be given full legal effect and constitute an effective authorization to embalm? |
|
Definition
|
|
Term
| Does a copy of the embalming authorization need to be delivered to the person who has legal right to control the disposition or that person's legal designee? |
|
Definition
|
|
Term
| A written authorization to embalm must contain which 7 items? |
|
Definition
1. The date of the authorization
2. The name of the funeral establishment that will perform the embalming
3. The name, address, and relationship to the decedent of the person signing the authorization
4. An acknowledgment of the circumstances where embalming is required by law
5. A statement certifying that the person signing the authorization is the person with legal right to control the disposition of the body
6. The name and signature of the person requesting the authorization and that person's relationship to the funeral establishment where the procedure will be performed
7. The signature of the person who has the legal right to control the disposition or their legal designee |
|
|
Term
| Embalming of a dead human body shall be performed only by whom? |
|
Definition
| an individual holding a license to practice mortuary science in Minnesota, a registered intern, or a student registered for a practicum or clinical through an accredited college or university or a college of funeral service education accredited by the American Board of Funeral Service Education |
|
|
Term
| Can an individual who holds a funeral director only license engage in embalming a dead human body? |
|
Definition
|
|
Term
| Embalming fluids containing what ingredients are not allowed to be used or sold? |
|
Definition
| Compounds of arsenic, mercury, zinc, silver, or other poisonous metals |
|
|
Term
| All bodies awaiting final disposition shall be kept in an appropriate ___ ___ or preparation and embalming room. |
|
Definition
|
|
Term
| The holding facility must meet which 3 requirements? |
|
Definition
1. Be secure from access by anyone except the authorized personnel of the funeral establishment
2. Preserve the dignity and integrity of the body
3. Protect the health and safety of the personnel of the funeral establishment |
|
|
Term
| Every funeral establishment that causes a dead human body to be embalmed shall create and maintain on its premises or other business location in Minnesota an accurate record of every embalming performed. The record shall include which 8 items? |
|
Definition
1. The name of the decedent and the date of death
2. The date the funeral establishment took physical custody of the body and, if applicable, the name of the person releasing the body to the custody of the funeral establishment
3. The reason for embalming the body
4. The name, address, and relationship to the decedent of the person who authorized the embalming of the body
5. The date the body was embalmed, including the time begun and the time of completion
6. The name, license number, and signature of the mortician who performed or personally supervised the intern or student who performed the embalming
7. The name, permit number, if applicable, and signature of any intern or practicum student or clinical student that participates in the embalming of a body, whether the intern or practicum student or clinical student performs part or all of the embalming
8. The original written authorization to embalm and any other supporting documentation that establishes the legal right of the funeral establishment to physical custody of the body and to embalm the body |
|
|
Term
| Embalming records should be kept for how many years after the embalming of the body? |
|
Definition
|
|
Term
| Does a funeral establishment where no preparation and embalming is performed, but which conducts viewings, visitations, and services, or which holds human remains while awaiting final disposition have to have a preparation room? |
|
Definition
|
|
Term
| The preparation room shall be of sufficient size and dimensions to accommodate what 4 things? |
|
Definition
1. A preparation or embalming table
2. An approved flush bowl with water connections
3. A hand sink with water connections
4. An instrument table, cabinet, or shelves |
|
|
Term
| The preparation room shall be properly lit and ventilated with an exhaust fan that provides at least __ air changes per hour and is located so that air is drawn away from the person performing the preparation. |
|
Definition
|
|
Term
| Where a municipal system is not available, the building system must be discharged where? |
|
Definition
| Into an approved private system of waste disposal |
|
|
Term
| All preparation and embalming rooms shall have ___ flooring, so that a sanitary condition is provided. |
|
Definition
|
|
Term
| The walls and ceiling of the preparation and embalming room shall... |
|
Definition
| Run from floor to ceiling and be covered with tile, or by plaster or sheetrock painted with washable paint, or other appropriate material so that a sanitary condition is provided |
|
|
Term
| The doors, walls, ceiling, and windows in the preparation room shall be constructed to... |
|
Definition
| Prevent odors from entering any other part of the building |
|
|
Term
| The preparation and embalming room must have which 3 functional things? |
|
Definition
1. Aspirator
2. Eye wash
3. Quick drench shower |
|
|
Term
| The preparation and embalming table shall have a ___ top of rustproof metal or porcelain, with raised edges around the top of the entire table and a drain opening at the lower end. |
|
Definition
|
|
Term
| The preparation and embalming room and all fixtures, equipment, instruments, receptacles, clothing, and other appliances or supplies stored or used in the room must be maintained in what condition at all times? |
|
Definition
| A clean and sanitary condition |
|
|
Term
| Can a preparation and embalming room be used for any other purposes? |
|
Definition
|
|
Term
| Infectious and pathological waste generated in preparation of the body shall be handled and disposed of according to what? |
|
Definition
| Infectious Waste Control Act |
|
|
Term
| After removal from the place of death to any location where the body is held awaiting final disposition, further transportation of the body shall require what? |
|
Definition
|
|
Term
| A certificate of removal is required in which 3 circumstances? |
|
Definition
1. Legal and physical custody of the body is transferred
2. A body is transported by public transportation
3. a body is removed from the state |
|
|
Term
| The original certificate of removal shall accompany the remains... |
|
Definition
| To the legal entity to which custody is transferred |
|
|
Term
| Removal certificates must be kept for how many years following the date of the transfer of custody? |
|
Definition
|
|
Term
| No disposition permit shall be issued until... |
|
Definition
| A fact of death record has been completed and filed with the state registrar of vital records |
|
|
Term
| A disposition permit is required before a body can be... |
|
Definition
| Buried, entombed, alkaline hydrolyzed, or cremated |
|
|
Term
| Until the body is delivered for final disposition, the disposition permit shall be in possession of... |
|
Definition
| The person in physical or legal custody of the body, or attached to the transportation container which holds the body |
|
|
Term
| A dead human body may be transported by means of private vehicle or private aircraft, provided that the body must be encased in an appropriate container, that meets which 5 standards? |
|
Definition
1. Promotes respect for and preserves the dignity of the dead human body
2. Shields the body from being viewed from outside of the conveyance
3. Has ample enclosed area to accommodate a cot, stretcher, rigid tray, casket, alternative container, alkaline hydrolysis container, or cremation container in a horizontal position
4. Is designed to permit loading and unloading of the body without excessive tilting of the cot, stretcher, rigid tray, casket, alternative container, alkaline hydrolysis container, or cremation container
5. If used for the transportation of more than one dead human body at one time, the vehicle must be designed so that a body or container does not rest directly on top of another body or container and that each body or container is secured to prevent the body or container from excessive movement within the conveyance |
|
|
Term
| When a dead human body is transported by public transportation, it must be... |
|
Definition
| Properly embalmed and enclosed in a casket or alternative container and an appropriate outside shipping container |
|
|
Term
| When transportation is by any private vehicle or aircraft, what may be omitted? |
|
Definition
| The outside shipping container or the casket/alternative container and the outside container |
|
|
Term
| In the case of transporting a decedent and omitting the outside shipping container and the casket/alternative container, how should the body be prepared? |
|
Definition
| The body shall be wrapped in a sheet that is impervious to liquids, covered in such a manner that the body cannot be viewed, encased in a secure pouch, and placed on a cot, stretcher, or rigid tray |
|
|
Term
| Can a dead human body be transported by unlicensed personnel? |
|
Definition
|
|
Term
| A licensed mortician or funeral director who directs the transport of a dead human body by unlicensed personnel shall be held... |
|
Definition
| Strictly accountable for compliance |
|
|
Term
| The room where the alkaline hydrolysis vessel is located and the room where the chemical storage takes place shall be properly lit and ventilated with an exhaust fan that provides at least __ air changes per hour. |
|
Definition
|
|
Term
| The alkaline hydrolysis facility shall be equipped with a... |
|
Definition
| Functional sink with hot and cold running water |
|
|
Term
| Does an alkaline hydrolysis facility need to have a functional emergency eye wash and quick drench shower? |
|
Definition
|
|
Term
| 5 people allowed in the room where the alkaline hydrolysis vessel is located and the room where the chemical storage takes place. |
|
Definition
1. Licensed morticians
2. Registered interns or students
3. Public officials or representatives in the discharge of their official duties
4. Trained alkaline hydrolysis facility operators
5. The person or persons with the right to control the dead human body |
|
|
Term
| The written alkaline hydrolysis authorization must include which 8 items? |
|
Definition
1. The name of the deceased and the date of death of the deceased
2. A statement authorizing the alkaline hydrolysis facility to hydrolyze the body
3. The name, address, telephone number, relationship to the deceased, and signature of the person or persons with legal right to control final disposition or a legal designee
4. Directions for the disposition of any nonhydrolyzed materials or items recovered from the alkaline hydrolysis vessel
5. Acknowledgment that the hydrolyzed remains will be dried and mechanically reduced to a granulated appearance and placed in an appropriate container and authorization to place any hydrolyzed remains that a selected urn or container will not accommodate into a temporary container
6. Acknowledgment that, even with the exercise of reasonable care, it is not possible to recover all particles of the hydrolyzed remains and that some particles may inadvertently become commingled with particles of other hydrolyzed remains that remain in the alkaline hydrolysis vessel or other mechanical devices used to process the hydrolyzed remains
7. Directions for the ultimate disposition of the hydrolyzed remains
8. A statement that includes, but is not limited to, the following information: "During the alkaline hydrolysis process, chemical dissolution using heat, water, and an alkaline solution is used to chemically break down the human tissue and the hydrolyzable alkaline hydrolysis container. After the process is complete, the liquid effluent solution contains the chemical by-products of the alkaline hydrolysis process except for the deceased's bone fragments. The solution is cooled and released according to local environmental regulations. A water rinse is applied to the hydrolyzed remains which are then dried and processed to facilitate inurnment or scattering." |
|
|
Term
| No dead human body shall be accepted for final disposition by alkaline hydrolysis unless it meets which 3 conditions? |
|
Definition
1. Encased in an appropriate alkaline hydrolysis container
2. Accompanied by a disposition permit including a photocopy of the completed death record or a signed release authorizing alkaline hydrolysis of the body received from the coroner or medical examiner
3. Accompanied by an alkaline hydrolysis authorization |
|
|
Term
| An alkaline hydrolysis facility shall refuse to accept delivery of an alkaline hydrolysis container in which 4 situations? |
|
Definition
1. Evidence of leakage of fluids from the alkaline hydrolysis container
2. A known dispute concerning hydrolysis of the body delivered
3. A reasonable basis for questioning any of the representations made on the written authorization to hydrolyze
4. Any other lawful reason |
|
|
Term
| A dead human body must be hydrolyzed within __ hours of the alkaline hydrolysis facility accepting legal and physical custody of the body. |
|
Definition
|
|
Term
| Should all alkaline hydrolysis facility employees handling alkaline hydrolysis containers for dead human bodies use universal precautions? |
|
Definition
|
|
Term
| At an alkaline hydrolysis facility, can the dead human body be removed from the container in which it is delivered? |
|
Definition
|
|
Term
| After hydrolyzation, what should be placed within the hydrolyzed remains container before the hydrolyzed remains are released from the alkaline hydrolysis facility? |
|
Definition
| An identifying disk, tab, or other permanent label |
|
|
Term
| Except with the express written permission of the person with the legal right to control the disposition, no alkaline hydrolysis facility shall... |
|
Definition
| Hydrolyze more than one dead human body at the same time and in the same alkaline hydrolysis vessel, or introduce a second dead human body into an alkaline hydrolysis vessel until reasonable efforts have been employed to remove all fragments of the preceding hydrolyzed remains, or hydrolyze a dead human body and other human remains at the same time and in the same alkaline hydrolysis vessel |
|
|
Term
| Every person who removes or possesses dental gold or silver, jewelry, or mementos from any hydrolyzed remains without specific written permission of the person or persons having the right to control those remains is guilty of a what? |
|
Definition
|
|
Term
| Every alkaline hydrolysis facility shall provide for the removal and disposition in a dedicated cemetery of any... |
|
Definition
| Accumulated residue from any alkaline hydrolysis vessel, drying device, mechanical processor, container, or other equipment used in alkaline hydrolysis |
|
|
Term
| If the hydrolyzed remains are to be shipped, they must... |
|
Definition
| Be securely packaged and transported by a method which has an internal tracing system available and which provides for a receipt signed by the person accepting delivery |
|
|
Term
| What happens when there is a dispute over the disposition or release of hydrolyzed remains? |
|
Definition
| An alkaline hydrolysis facility may deposit the hydrolyzed remains with a court of competent jurisdiction pending resolution of the dispute or retain the hydrolyzed remains until the person with the legal right to control disposition presents satisfactory indication that the dispute is resolved |
|
|
Term
| If, after __ calendar days following the inurnment, the hydrolyzed remains are not claimed or disposed of according to the written authorization to hydrolyze, the alkaline hydrolysis facility or funeral establishment may give written notice, by certified mail, to the person with the legal right to control the final disposition or a legal designee, that the hydrolyzed remains are unclaimed and requesting further release directions. |
|
Definition
|
|
Term
| Should the hydrolyzed remains be unclaimed __ calendar days following the mailing of the written notification, the alkaline hydrolysis facility or funeral establishment may dispose of the hydrolyzed remains in any lawful manner deemed appropriate. |
|
Definition
|
|
Term
| Every alkaline hydrolysis facility shall create and maintain on its premises or other business location in Minnesota an accurate record of every hydrolyzation provided. The record shall include which 10 items? |
|
Definition
1. The name of the person or funeral establishment delivering the body for alkaline hydrolysis
2. The name of the deceased and the identification number assigned to the body
3. The date of acceptance of delivery
4. The names of the alkaline hydrolysis vessel, drying device, and mechanical processor operator
5. The time and date that the body was placed in and removed from the alkaline hydrolysis vessel
6. The time and date that processing and inurnment of the hydrolyzed remains was completed
7. The time, date, and manner of release of the hydrolyzed remains
8. The name and address of the person who signed the authorization to hydrolyze
9. All supporting documentation, including any transit or disposition permits, a photocopy of the death record, and the authorization to hydrolyze
10. The type of alkaline hydrolysis container |
|
|
Term
| Alkaline hydrolysis records must be kept for how many years after the release of the hydrolyzed remains? |
|
Definition
|
|
Term
| Can a licensed crematory employ unlicensed personnel? |
|
Definition
|
|
Term
| The written cremation authorization must include which 10 items? |
|
Definition
1. The name of the deceased and the date of death
2. A statement authorizing the crematory to cremate the body
3. The name, address, relationship to the deceased, and signature of the person or persons with legal right to control final disposition or a legal designee
4. Certification that the body does not contain any implanted mechanical or radioactive device, such as a heart pacemaker, that may create a hazard when placed in the cremation chamber
5. Authorization to remove the body from the container in which it was delivered, if that container is not appropriate for cremation, and to place the body in an appropriate cremation container and directions for the disposition of the original container
6. Authorization to open the cremation chamber and reposition the body to facilitate a thorough cremation and to remove from the cremation chamber and separate from the cremated remains, any noncombustible materials or items
7. Directions for the disposition of any noncombustible materials or items recovered from the cremation chamber
8. Acknowledgment that the cremated remains will be mechanically reduced to a granulated appearance and placed in an appropriate container and authorization to place any cremated remains that a selected urn or container will not accommodate into a temporary container
9. Acknowledgment that, even with the exercise of reasonable care, it is not possible to recover all particles of the cremated remains and that some particles may inadvertently become commingled with disintegrated chamber material and particles of other cremated remains that remain in the cremation chamber or other mechanical devices used to process the cremated remains
10. Directions for the ultimate disposition of the cremated remains |
|
|
Term
| A dead human body must be cremated within __ hours of the crematory accepting legal and physical custody of the body. |
|
Definition
|
|
Term
| If, after accepting delivery of a body for cremation, it is discovered that the body contains an implanted mechanical or radioactive device, what should happen? |
|
Definition
| That device must be removed from the body by a licensed mortician or physician prior to cremation |
|
|
Term
| The cremation records should include which 10 items? |
|
Definition
1. The name of the person or funeral establishment delivering the body for cremation
2. The name of the deceased and the identification number assigned to the body
3. The date of acceptance of delivery
4. The names of the cremation chamber and mechanical processor operator
5. The time and date that the body was placed in and removed from the cremation chamber
6. The time and date that processing and inurnment of the cremated remains was completed
7. The time, date, and manner of release of the cremated remains
8. The name and address of the person who signed the authorization to cremate
9. All supporting documentation, including any transit or disposition permits, a photocopy of the death record, and the authorization to cremate
10. The type of cremation container |
|
|
Term
| Cremation records must be kept for how many years after the release of the cremated remains? |
|
Definition
|
|
Term
| Except as provided in this section, no dead human body or human remains shall be disinterred and reinterred without... |
|
Definition
| The written authorization of the person or persons legally entitled to control the body or remains and a disinterment-reinterment permit properly issued by the commissioner or a licensed mortician |
|
|
Term
| Can the authorities in charge of a cemetery disinter and reinter a body or remains within the same dedicated cemetery upon receipt of the written and notarized authorization of the person or persons with the right to control the disposition? |
|
Definition
|
|
Term
| If the disinterment is opposed, no disinterment-reinterment permit shall be issued until... |
|
Definition
| The state registrar or licensed mortician receives a certified copy of a court order that specifically orders the disinterment and reinterment |
|
|
Term
| A district court in the district where the body or remains are interred shall consider which 8 factors when deciding whether reasonable cause for disinterment exists? |
|
Definition
1. The degree of relationship that the party seeking disinterment bears to the body or remains
2. The degree of relationship that the party seeking to prevent disinterment bears to the body or remains
3. If applicable, the expressed wishes of the decedent
4. The conduct of the party requesting disinterment, especially as it may relate to the circumstances of the original interment
5. The conduct of the party opposing disinterment, especially as it may relate to the circumstances of the original interment
6. The length of time that has elapsed since the original interment
7. The strength of the reasons offered both in favor of and in opposition to disinterment
8. The integrity and capacity of the party seeking disinterment to provide a secure and comparable resting place for the body or remains |
|
|
Term
| The cemetery where the body or remains were originally interred shall retain a copy of which documents? |
|
Definition
| The disinterment-reinterment permit, the authorization to disinter, and, if applicable, the court order showing reasonable cause to disinter |
|
|
Term
| For preneeds, who is the beneficiary? |
|
Definition
| The person for whose benefit the money was paid |
|
|
Term
| For preneeds, who is the purchaser? |
|
Definition
| The person or persons who paid the money |
|
|
Term
| For preneeds, who is the depositor? |
|
Definition
|
|
Term
| 12 requirements for preneed funeral agreements. |
|
Definition
1. Is written in clear, understandable language and printed in a type that is easy to read in size and style
2. Contains a complete, itemized description of the funeral goods, funeral services, burial site goods, or burial site services selected or purchased, including, when appropriate, manufacturer's name, model numbers, style numbers, and description of the type of material used in construction
3. Discloses clearly and conspicuously whether the prices of the goods and services selected are guaranteed
4. Discloses that funding options for a preneed funeral agreement consist of either prepayment to the funeral provider or the purchase of an insurance policy
5. Discloses whether the funds received from the purchaser are required to be placed in a trust and, if the funds are required to be placed in a trust, provides the following information:
-lists the location of the trust account, including the name, address, and telephone number of the institution where the money will be held and any identifying account numbers, the amount of money to be trusted, and the names of the trustees
-advises the purchaser as to the disposition of the interest from the trust and as to responsibility for taxes owed on the interest
6. Contains the names, addresses, and telephone numbers of the Minnesota Department of Health as the regulatory agency for preneed trust accounts and the Minnesota Attorney General's Office as the regulatory agency that handles consumer complaints
7. Discloses clearly and conspicuously that any person who makes payment under a preneed funeral agreement may cancel the agreement
8. Contains the preneed statement
9. For agreements with revocable trusts, contains the revocable trust statement
10. For agreements with irrevocable trusts, contains the irrevocable trust statement
11. Provides that if the particular funeral goods, funeral services, burial site goods, or burial site services specified in the agreement are unavailable at the time of delivery, the funeral provider must furnish goods and services similar in style and at least equal in quality to the material and workmanship of the goods or services specified and that the representative of the beneficiary has the right to choose the goods or services to be substituted
12. Contains an itemization of the sale of grave lots, spaces, lawn crypts, niches, or mausoleum crypts separate from all other goods and services selected |
|
|
Term
|
Definition
"Within 15 calendar days after receipt of any money required to be held in trust, all such money must be deposited in a banking institution, savings association, or credit union, organized under state or federal laws, the accounts of which are insured by an instrumentality of the federal government. The person for whose benefit the money was paid according to this agreement shall be known as the beneficiary; the person or persons who paid the money shall be known as the purchaser; and the funeral provider shall be known as the depositor. The money must be carried in a separate account with the names of the depositor and the purchaser as trustees for the beneficiary.
The preneed arrangement trust shall be considered an asset of the purchaser until the death of the beneficiary. At the death of the beneficiary, the money in the trust shall be considered an asset of the beneficiary's estate, to the extent that the value of the trust exceeds the actual value for the goods and services provided at-need. This does not alter any asset exclusion requirements that exist under federal law. The depositor as trustee must disclose in writing the location of the trust account, including the name and address of the institution where the money is being held and any identifying account numbers, to the beneficiary when the money is deposited and when there are any subsequent changes to the location of the trust account." |
|
|
Term
| Revocable trust statement. |
|
Definition
| The preneed arrangement trust being created by the purchaser is revocable. These trust funds, including all principal and accrued interest, are the purchaser's assets. The purchaser may withdraw the principal and accrued interest at any time prior to the death of the beneficiary. At the death of the beneficiary, the funds shall be distributed in their entirety, principal plus accrued interest, with no fees retained by the trustees as administrative fees. The funds shall be distributed for the payment of the at-need funeral goods, funeral services, burial site goods, or burial site services selected, with any excess funds distributed to the beneficiary's estate. At any time before or at the time of the beneficiary's death, the purchaser may transfer the preneed arrangements and related trust funds for use in the payment of funeral goods, funeral services, burial site goods, or burial site services. The purchaser may not be charged any fee in connection with the transfer of a preneed arrangement and trust funds |
|
|
Term
| Irrevocable trust statement. |
|
Definition
| A trust created to hold preneed arrangement funds is revocable in its entirety unless specifically limited by the purchaser. The purchaser has chosen to create an irrevocable trust in the amount of $ (insert the dollar amount of the purchaser's irrevocable trust). The revocable portion of this trust fund is limited to that amount that exceeds the allowable Supplemental Security Income asset exclusion used for determining eligibility for public assistance at the time the trust is created. The principal and accrued interest may not be withdrawn from the trust prior to the beneficiary's death, except to the extent that the trust funds exceed the irrevocable trust limitation. At the time of the beneficiary's death, the funds shall be distributed in their entirety, principal plus accrued interest, with no fees retained by the trustees as administrative fees. The funds shall be distributed for the payment of the at-need funeral goods, funeral services, burial site goods, or burial site services selected, with any excess funds distributed to the beneficiary's estate. At any time prior to or at the time of the beneficiary's death, the purchaser may transfer the preneed arrangements and trust funds for use in the payment of funeral goods, funeral services, burial site goods, or burial site services. The purchaser may not be charged any fee in connection with the transfer of a preneed arrangement and trust funds |
|
|
Term
| The purchaser, regardless of whether the funds held in trust are designated revocable or irrevocable, retains the right to designate who? |
|
Definition
|
|
Term
| At any time prior to the death of the beneficiary, can the purchaser designate a different trustee? |
|
Definition
|
|
Term
| Does the depositor have the right or power to designate another trustee prior to the death of the beneficiary or subsequent to such death? |
|
Definition
|
|
Term
| Can funeral providers assess finance charges on preneed arrangements? |
|
Definition
|
|
Term
| Within __ calendar days after receipt of any money required to be held in trust, all of the money must be deposited in a banking institution, savings or building and loan association, or credit union, organized under state or federal laws, the accounts of which are insured by an instrumentality of the federal government. |
|
Definition
|
|
Term
| The preneed arrangements trust shall be considered an asset of the ___ until the death of the beneficiary, whereupon the money shall be considered an asset of the estate of the beneficiary, to the extent that the value of the trust exceeds the actual value for the goods and services provided at-need. |
|
Definition
|
|
Term
| Does the depositor have to annually report to the beneficiary the amount of funds in the beneficiary's preneed arrangement trust account, including principal and accrued interest? |
|
Definition
| Yes, but the depositor may arrange for the banking institution, savings or building and loan association, or credit union to issue such reports |
|
|
Term
| What happens if there is still money in a preneed trust once all of the funeral expenses are paid? |
|
Definition
| Any excess funds are distributed to the estate of the decedent |
|
|
Term
| Can trustees retain funds from a preneed trust as administrative fees? |
|
Definition
|
|
Term
| f a purchaser cancels an agreement for an irrevocable trust for preneed arrangements at any time before midnight of the ___ business day after the date of the agreement, the purchaser shall receive a refund of all consideration paid according to the agreement. |
|
Definition
|
|
Term
| The refund for a preneed trust must be distributed to the purchaser within __ business days following receipt by the funeral provider of the cancellation notice from the purchaser. |
|
Definition
|
|
Term
| If the purchaser cancels an agreement for a revocable trust for preneed arrangements at any time after the date of the agreement, all funds held in a revocable trust, including all principal and accrued interest, must be distributed to the purchaser within __ business days following receipt by the funeral provider of the cancellation notice. |
|
Definition
|
|
Term
| Notice of cancellation, if given by mail, is effective upon... |
|
Definition
| Deposit in a mailbox, properly addressed to the funeral provider and postage prepaid |
|
|
Term
| Every funeral provider lawfully doing business in Minnesota that accepts funds under subdivision 2 must make a complete annual report to whom? |
|
Definition
|
|
Term
| What should the preneed report to the commissioner contain? |
|
Definition
| At least, identification and the state of each trust account, including all transactions involving principal and accrued interest |
|
|
Term
| The preneed report to the commissioner needs to be filed by what date? |
|
Definition
|
|
Term
| The filing fee for each preneed report to the commissioner. |
|
Definition
|
|
Term
| The commissioner may require a funeral provider reporting preneed trust accounts under this section to arrange for and pay an independent third-party auditing firm to complete an audit of the preneed trust accounts how frequently? |
|
Definition
|
|
Term
| Every funeral provider lawfully doing business in Minnesota that accepts funds under subdivision 2 must create and maintain on its premises or other business location in Minnesota an accurate record of every trust fund established with the funeral provider as trustee. The record must contain which 5 items? |
|
Definition
1. The names of the purchaser, beneficiary, and depositor
2. The date, location, identifying account numbers, and amount of the funds originally deposited
3. Any subsequent changes to the location of the account, identifying account number, or trustee designation
4. The date, amount, and payee of any distributions from the account
5. All supporting documentation, including a copy of the original trust agreement, copies of any contracts for the purchase of preneed goods and services, and any other appropriate documentation |
|
|
Term
| Preneed records must be kept for how many years after the release of the trust funds? |
|
Definition
|
|
