Texas State Law Exam Final Practice test #2

Prospective customer –
– a consumer who *enters* a funeral establishment and *inquires about* a funeral service, cremation, or merchandise

Purchase agreement –
– a written statement that *itemizes the cost* of funeral services or merchandise selected by a customer from the retail price list

Unit pricing –
– a method of pricing that offers a discount to a purchaser who buys various funeral services and merchandise *as a package*

How many members sit on the Texas Funeral Service Commission? (Facts)
7 members
– 2 are Lic FD/E for at least 5yrs
– 1 a registered cemetery owner/operator
– 4 represent the public

Who appoints the Commission?
The Governor, with the advice and consent of the Senate

What is the purpose of the unlicensed Commissioners?
To protect the public

What is the eligibility of public members?
– can *NOT* be married to a person in the FS business.
– Be employed by a FH or manage one.
– Nor receive any money from the commission.

How long is a Commissioner’s term and when does it expire?
– 6 years staggered w/ 1/3 members expire on odd number years

When can a Commissioner be removed?
1) FD/E license is revoked or suspended 2) Neglect of duty, fraud or dishonest
3) does not have OR keep the qualifications at the time of appointment 4) cannot perform their duties because of illness or disability
5) is absent for more than 1/2 of the regularly scheduled meetings unless there absences are excused by a majority vote

How are the officers of the Commission appointed?
– The Governor appoint 1 member, a 3 year term,
– alternating btw *public & non public* members

When and where does the Commission meet?
– In Austin, TX
– at least once each calendar quarter
*meets 4x’s a year*

When are funeral related establishments inspected?
– At least once every 2 years

If a violation is found during an inspection when will the establishment be inspected?
– Annually, until the violation has been corrected

How much must a person pay to renew their license prior to expiration?
– The renewal fee on or before expiration.

How much must a person pay to renew a 90 day expired license?
– 1.5 (1 1/2) times the renewal fee for 90 days or less

How much must a person pay to renew a license that has been expired between 90 days, but less than a year?
2x’s the fee

A person whose license has been expired for more than 1yr must?
1) Retake and pass the exam 2) Pay 2 x’s the renewal fee
3) Complete any continuing education requirements

A person who was licensed in Texas, moved to another state and was licensed for 2 years in that state must do what to renew in Texas?
– Pay 2 x’s the renewal fee
– no exams needed

How long in advance must the Commission send notice of license expiration?
– A written notice at least 30 days B4 the expiration date

How may a person whose license was suspended renew the license?
– Pay 2x’s the renewal fee & any penalty

What should Commission public brochures contain?
1) Explain matters relating to funerals
2) Describe the function of the commission
3) Procedure for filing and resolving a public complaint

Where will the Commission brochures be avaliable?
– Commission provide FH w/ the # of brochures needed, and make them available to public and state agencies.

Who may practice funeral directing?
– *Only* a licensed FD or a provisional or qualified mortuary student *under the supervision and direction* of a Lic FD

Who may practice embalming?
*Only* a licensed Emb or a provisional or qualified mortuary student *under the supervision and direction* of a Lic Emb

What are the requirements for general licensing?
1) Be at least 18
2) Graduate from an accredited high school and/or mortuary school
3) OR has worked w/ a Lic FD/E for more than 1yr
4) complete the written examination

An applicant may *not be* considered until they?
– Complete *ALL* requirements and have a grade of *75* or higher on the written examination

When will the commission issue a provisional license to another state’s licensee?
1) Been lic;d w/ good standing FD/E for 2yrs
2) passed a national exam
3) is sponsored by a Lic person who will practice at the same time.

When is the latest the commission can approve or deny a provisional license?
– No later than the 2yr period if the results of the exam are not recevd

How can a duplicate license be obtained?
1) must give an affidavit verifying:
– the lost of the Lic
– proof of ID
-any supporting Doc
2) Lic will be reissued after payment and Doc’s are recved.

How should a FD/E lic be displayed?
– Lic must be *displayed in plain view* in the place of business.

Who is eligible for *retired, inactive* or *retired, active* license status?
– A person who is *over the age of 65*
– Disabled at least *75%* or more
– If the person does not practice, they may not be charged a fee

A license that is revoked can be regained only when?
1) App must wait 3yrs to date before they may apply
2) A hearing to determine whether to reissue a lic
3) retake exams, pays 2x’s the fee and complete other requirements

When is a provisional license required?
– Must have a provisional Lic in order to practice w/ a Lic’d FD/E

How long is the provisional period and how many cases are needed?
– No less than 12 mon, no more than 24 months
– 60 cases are needed

How is a clinical instructor appointed?
– An accredited mortuary school may appoint a Lic FD/E who supervises as an clinical instructor

Mortuary School cases may also be counted for?
Provisional license cases

If a provisional licensee leaves a place of employment what must be done?
– An affidavit must be signed by the FD/E *showing the length of employment*
– The *number of cases completed* while employed

If a provisional license holder fails to timely pay the renewal fee the commission shall?
1) Impose a late payment penalty equal amount of lic fee
2) suspend Lic for nonpayment
3) notify the Pro-Lic holder of the suspension

When may a provisional license be renewed?
– *After the 2nd anniversary* of its issuance *only after* the commission *extends it based on hardship*

What does provisional supervision entail?
– The physical presence of the a Lic FD/E

What are the requirements of a funeral establishment?
1) Req to be Lic’d to operate, but owner *does not have to be lic’d*
2) Must apply and pay fee

Physical Requirements of a FH establishment?
1) Meet building, fire, health standards
2) A fixed location, is *not tax exempt*
3) Have facilities where funeral service may be conducted
4) Rolling stock at least 1 hearse
5) include prep room w/ equipment
6) Include other facilities that comply with sanitary codes
7) include a display for merchandise

What merchandise must be displayed?
– 5 adult caskets,
– 2 must be full sized and displayed

What are the requirements for the least expensive casket?
It must be full sized and displayed in the same manner as the other adult caskets

Commission may exempt FH from building requirements if?
– Owner submits a request in writing w/
– name & address
-located w/in 50 miles of the facility by the req’ing facility where NO Embalming are performed

What is a “Commercial Embalming Establishment” defined as?
1) Embalms for licensed funeral establishments
2) Does not sell directly to public
3) Meets the requirements for an embalmers license

Is a cemetery owner required to be licensed & When can they *not* conduct business?
– No
– If the facility is not licensed by the Commission

When must a cemetery license renewal be sent?
– No later than the 30th day before the license expires

Who must supervise a first call?
– Lic’d FD/E *Must* supervise

When can a body be transferred without a funeral director/embalmer present?
1) From FH to FH
2)FH to morgue w/ autopsy
3) from an airport, crematory, or both
4) in circumstances where there is no reasonable probability that an unlicensed person will encounter a family member

What must a funeral home do regaring the FDIC?
– Designate to Comm who FDIC will be
– Notify the Commission of any change
– FDIC is directly in charge of FD/E

When shall the Commission’s Consumer Brochure be given out?
– When FS are discussed

What must a Retail pricelist contain?
1) Transfer of remains
2) Embalming
3) Viewing
4) Funeral Service
5) Hearse
6) Limousine
7) Caskets
8) Outer Containers
9) filing a claim for life INS on behalf of Beneficiaries
10)other itemized services offered

What must the Retail price-list contain, aside from products?
– The name, address, telephone number of FH
– Effective dates for prices and a printed notice “Statement of goods and services”

What must a funeral purchase agreement state?
1) The contact info of FH/Est
2) the amount paid or owed to other persons
3) the printed notice
4) the commission contact info
5) a statement that complaints must be directed to the commission

In regards to a purchase agreement, what shall the cemetery operator do?
– Sign a purchase agreement for a cemetery

What must a mortuary school have to do to use a body for educational purposes?
– Written Signed consent by the authorized person

Fraudulent and Deceptive Acts include?
1) presents a license, certificate, illegally or fraud obtained
2) uses fraud or deception in passing exams
3) purchases, sells, barters, uses, or offers to purchase a license
4) alters, with fraudulent intent
5) uses a license that is fraudulently bought or altered
6) impersonates FD/E
7) permits another to use the license
8) presents a false certificate of work done as a provisional licensee

A person has shown lack of fitness to practice if they?
1) have been convicted of a misdemeanor or a felony related to FD/E 2) are unfit by reason of insanity by a court
3) unfit by reason of substance abuse

Unethical conduct regarding custody of a body includes?
1) takes custody w/out permission
2) refusal to promptly surrender
3) violation of any state law governing the transportation, storage, refrigeration, inurnment, interment, or disinterment

Unethical conduct regarding embalming includes?
1) Embalms w/out permission or have not made a reasonable attempt for 3 hours to get permission
2) Making an incision, inject chem,
3) allows student to be present w/out complying
4) Placing Chem in body w/out holding a Lic
*NOTE* If Pro-Lic does so under Lic’d FD/E direction; the Pro will NOT be penalized

The Commission will not initiate action against a funeral establishment if?
1) The complaint is based *on the conduct or employment*
– performed outside the scope of employment
– is against the instructions of the funeral establishment

How much is the ammount of an administrative penalty?
– Not less than *$100*,
– No more than *$5,000* for each violation

Regarding Criminal Penalties, a person commits an offense if the person?
1) acting as a FD/E w/out a Lic
2) makes a first call that violates
3) is a FD/E, or pro licensee and engages in a funeral practice that violates
4) violates chapter 154, Finance Code regardless if the banking or gov takes actions.

Cremation –
– the *irreversible process of reducing human remains* to bone fragments through direct flame, extreme heat, and evaporation

Crematory Establishment –
– a business licensed under this subchapter *to operate a crematory and to perform cremation services*

What must a person have in order to operate a crematory establishment?
– A Cem. FD/E Lic is req’d
– a F Est or commercial Embalmers
– Or owns a perpetual care cemetery

What must be done to receive a crematory license?
1) submit a written application
2) pay the application fee
3) provide proof that the owner or operator is trained and certified

What must be done to renew a crematory license?
1) Annually file a report that lists the number of cremations performed at the crematory during the previous year
2) pay the renewal fee
3) provide the information required or a written statement stating that the information has not changed

Authorizing agent
a person authorized to dispose of human remains

Cemetery
A place in which dead bodies and cremated remains are buried

Commission
Texas Funeral service commision

Cremated remains
The irreversible process of reducing human remains to bone fragments

Cremation chamber
An enclosed retort used or intended to be used for cremation

Cremation Interment container
A rigid container composed of concrete, steel, fiberglass or similar material

Cremation container
A casket or other container designed to transport a deceased human body

Crematory
A structure of containing a retort used or intended for cremation of human remains

Crematory establishment
A business that operators a crematory for which a licence is required

Scattering remains
an area designated for scattering cremated remains
A) mixed w/ or placed on top of the soil
B) Commingled and buried in a underground receptacle

Temporary container
A temporary container is a receptacle composed of cardboard, plastic or similar material designed to temporarily store cremated remains

Location of a crematory according to TX state law
– May be constructed or adjacent to a perpetual care cemetery or adjacent to a funeral home

A cemetery registered with the commision on Sept 1, 2003 must:
A) Must be adjacent to a perpetual care cemetery or FH
B) or be *owned* by a person that owns a perpetual care cemetery or FH or commercial embalming facility

Adjacent to:
a part of the property which the creamery is construed has a common boundary