Question 1: What states are you researching for these answers? This paper will be comparing the state laws that govern the funeral departments of the states of North Carolina and New York
Question 2: How does one get to be a Board member? In North Carolina some members are appointed by the Governor from nominees recommended by the North Carolina Funeral Directors Association, other members are members recommended by the Funeral Directors & Morticians Association of North Carolina, One member is appointed by the Governor who is licensed under this Article and who is not affiliated with any funeral service trade association. Another member is appointed by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate. One member appointed by the General Assembly, upon the recommendation of the Speaker of the House of Representatives.
The New York laws on the other hand state that in the department there should be a funeral directing advisory board consisting of ten members who shall be appointed by the commissioner of health
Question 3: How are the members distributed by occupational class? (How many must be funeral directors, embalmers, or a combination of both licenses?) The New York Laws state that there are three members should be representatives of consumer interests, they should have no connection directly or indirectly to any associations that are concerned with funeral services. Six members should be licensed funeral directors, undertakers or embalmers in this state. The laws however do not state how the different cadres should be distributed among the positions available
Question 4: How many members are on the Board? The North Carolina laws state that the Board shall have nine members while the New York laws state that the funeral directing advisory board will consist of ten members
Question 5: Is this a paid position with the Board? The Members of the New York advisory board are only entitled to receive their reasonable expenses actually and necessarily incurred in the performance of their duties. Other than that they are not to be compensated.
Question 6: Are there any public members on the Board? If so, how many? North Carolina law states that there are three members in the board who are not licensed under the 13A article
Question7: If there are public members, how are they chosen? Not provided
Question 8: How often are new members placed (or elected) to the Board of your state? The North Carolina laws state that the board Members of the Board shall serve three-year terms, ending on December 31 of the last year of the term or when a successor has been duly appointed. The maximum is two consecutive terms.
The New York law also stipulated that the term of each member serves three years or until a successor is appointed and vacancies shall be filled for the unexpired term only.
Question 9: How often does your state's Board have meetings? (stated meetings) The North Carolina Board of funeral services has four meetings in each year.
The New York funeral directing advisory board has at least once every three months. However both states have an allowance of more meeting as may be called by the departments in case of an urgent agenda.
Question 10: What positions with the Board are salaried positions? Not provided
Question 11: Does your Board control cemeteries, funeral homes, pre-need, crematories, casket stores, and the like? If not, which do they not control? All funeral service establishments should be inspected by the Board during normal hours of operation
Question 12: Define "funeral director" and "embalmer" according to your state's definitions: New York Law defines a funeral director as a person to whom a valid license as such has been duly issued.
Question 13: Define "funeral home" according to your state's definitions in your law book: The New York law defines a funeral home as a single physical location, address or premises used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes.
Question 14: Does "funeral directing" merely imply being present for the funeral service, or does it encompass more duties? If so- what are those duties or responsibilities? According to the New York laws Funeral directing is the care and disposal of a human body or the preserving, disinfecting and preparing by embalming or otherwise for funeral services, transportation, burial or cremation
Question 15: If I own a funeral home in a larger town, but I want to keep my market share in a nearby town, (20 miles away), must I have a funeral home there- or can I locate just a funeral chapel there? What are your state's laws concerning this? Not provided
Question 16: What are your state's requirements as to the manager of a funeral establishment? Not provided
Question 17: Does your state have any rules or regulations that control how a funeral home can/must be named? The name of any person who is not licensed should not be used in any way in the naming of a funeral establishment. It should not even be used in combination with another name.
Question 18: Does your state differentiate between a memorial service, funeral service, and graveside service? If so, what are the differences? No
Question 19: Does your state have an inspector to inspect funeral homes? The New York laws stipulate that there is a department inspector who is responsible of inspecting funeral establishments for law violations.
Question 20: If your state has an inspector, what type of professional license must this person have? None
Question 21: Your state has a list of "things that can cause me to either lose my license" or "things that I may do that can keep me from getting a license in your state". This may be an extenive list, but name each: If one is convicted of committing a crime.
Question 22: I wish to complete a resident traineeship or apprenticeship in your state- what are the requirements to be an apprentice in your state? Each trainee and the employer and funeral director school should provide all files and records that the department requires. They should also notify the department of any changes made in the school registration or in the employment field.
Question 23: How long does your state's apprenticeship last? Not specified
Question 24: Are there forms that must be completed and submitted to be Board of your state on a periodic basis? What are the forms? How often are they submitted? Not specified
Question 25: Who can be my preceptor (my teacher) at the funeral home where I wish to do my resident traineeship? Not specified
Question 26: How many resident trainees can each funeral home have? Not specified
Question 27: What are the requirements for me to be a licensed funeral director in your state? (If your state has a license specifically for funeral directing) In order to be licensed, an applicant has to pass a funeral directing examination prepared or approved by the department, has to be An American citizen, has to complete a course in funeral services in a college whose curriculum is approved by the department, has registered as a student with the department and finally has to have paid a registration fee of fifty dollars.
Question 28: What are the requirements for me to be a licensed embalmer in your state? (If your state has a license specifically for embalming) The same as those of a funeral director
Question 29: If your state has individual licenses for funeral directing and for embalming, does your state also combine these two licenses into ONE license for someone who wishes to have both licenses? The state of New York has different licenses for both but has not specified whether they can be combined and offered to a person as one.
Question 30: When one has a professional license with your state's Board, when exactly does that license expire each year? Not specified
Question 31: What if I am licensed in another state before wanting to located and be licensed in your state- what must I do to become licensed in your state? Present one’s license to the commissioner who may endorse the credentials without further examination provided that the certification of accreditation was issued by an accrediting organization which is recognized by the department of health and that the person has been in practice for at least three years. Payment of a fee of three hundred dollars has to be made if the above credentials are satisfactory
Question 32: Does your state require licensees to have continuing education hours each year as a condition to retaining licensure? If so, how many hours must they have? Minimum hours of continuing education are to renew for the first biennium, six hours within the current biennium and to renew for all subsequent biennia, twelve hours within each biennium,
Question 33: Does your state allow you to carry over excess continuing education hours into the next year? One may not carry forward continuing education hours to the subsequent year
Question 34: Does everyone that holds a license have to take continuing education hours each year, or are there any exceptions? Only those who have a certificate of registration and wish to renew it have continuing education.
Question 35: Are there any requirements as to WHO may own a funeral home? How does it vary between ownership types? (like sole proprietorship, partnership, or corporation) Not specified
Question 36: Does your state require any public official, physician, or professional-type person to procure permission from the spouse or next-of-kin before releasing the remains to a funeral establishment? If so- explain this law- There is no such requirement
Question 37: Does your state require caskets to have a price card in/on each casket? If so- explain this- Yes. Any provider of funeral services who offers a casket for sale, has to display the retail price on each casket, and also the composition and model number of the casket
Question 38: Are cemeteries allowed-by law- to sell outer burial containers in your state? Yes.
Question 39: Does your state have any special certification or card for mortuary school students? If so- what is it? No special certification for mortuary students
Question 40: What happens in your state if an individual has not kept their license current for a few years, but now has decided to become licensed again? The person has to complete twelve hours of Continuing education
Question 41: What are the requirements necessary for someone to open or start a funeral establishment in your state? Be specific- One has to be licensed; one also has to apply to the department for an appropriate certificate of registration, and finally write a report to show that he or she is honest and free of perjury. The report should state the name, residence address and title of each of its officers and directors and also the details of all the stockholders
Question 42: Does your state differentiate between a pre-arranged service and a pre-funded, pre-arranged service? What is a pre-need? No. they only provide for prefunded whereby one pays for funeral services or goods in advance.
Question 43: Explain how your state mandates the securing and safeguarding of monies given to a funeral home for a pre-need? (In order to protect the public). What has to be done with monies paid to a funeral home for a pre-need. What are a family's options? The family can ask for the money and the interest accrued before the occurrence of death or the money can be paid by the fulfillment of the prior agreement.
Question 44: If a funeral service is paid for in advance of the need, is the funeral director allowed to keep any part or portion of the total cost of the arrangements? (before the death has occurred) The funeral provider is not allowed to take any portion of the money
Question 45: Does your state allow families to take their monies from a pre-need account after it has been legally depositied according to state laws? Please explain- Yes, the families are allowed to demand their money and the interest it may have accrued at any time prior to the occurrence of the death.
Question 46: What happens to a client family's monies in a pre-need account if the funeral home goes out of business? The funeral home is still eligible to pay the family the whole amount of money inclusive of the accrued interest within thirty days of termination.
Question 47: In your state, can (or must) a licensed funeral director sell a pre-arranged and pre-funded funeral to a family? Yes. Any person who fails to provide the service as stipulated when demanded will be guilty of misdemeanor.
Question 48: What are the legal methods of disposing of cremated remains in your state? Not provided
Question 49: What are some examples of solicitation according to your state? Not provided
Question 50: Define who your state board protects in their practices, laws, and everyday business: The state board protects the public by regulating the services and prices and also the personnel in the funeral sector by regulating their jobs and protecting them from frauds.
Question 51: Does your state control crematories in your state? Yes, the board is in charge of all funeral service providers whether by burial or cremation
Question 52: Who may own a crematory in your state? Someone with a license in funeral directing and has similar qualifications as of that person qualified to own a funeral establishment.
Question 53: Who may manage or operate a crematory in your state? Funeral director
Question 54: Are remains allowed to be cremated without an outside container? If no, define what type of container must be used- Not provided
Question 55: Define "pulverization" or "processing" as defined by your state: Pulverization is the burning of all the bone elements so that they are not identifiable as skeletal tissue
Question 56: What is the order of preference as to arranging a family members cremation? (For instance, if an adult male dies, what is the sequence for survivors to control his disposition, i.e., mother, father, wife, grandparents, adult child, etc.) The head of the immediate family is mostly the one to give the final word
Question 57: Is there a waiting period in your state before a dead body can be cremated? Yes but it depends on the method the family chooses. If it is immediate then there is no waiting period
Question 58: What paperwork or documents must be completed before a body may be cremated? An autopsy has to be done and if the body is cleared of any suspicious or unlawful cause of death then cremation can take place.
Question 59: Define "alternative container" according to your state's definitions: Means a non-metal receptacle or enclosure designed for holding or transporting human remains
Question 60: Define solicitation in your state- (if it has been defined in your law book) Solicitation has not been defined
Question 61: What happens in your state if the family doesn't pick up the cremated remains from your funeral home? What is your legal recourse, if any? The containers in which the cremated remains are kept are not to be opened until authorized. The crematorium therefore stores them.
Question 62: Does your state require a crematory to also have refrigeration? Yes. In case the family does not choose immediate cremation
Question 63: Does your state require a certain type of crematory unit? No. but all crematoriums have general rules they have to follow
Question 64: If you were going to change something about your states' Board of Mortuary Science or Funeral Service, what would it be and WHY? I would change the procedures by which they work. This is because attaining funeral services has turned out to be a long process especially for the families that are not very well up and cannot afford advance payments. I would also try to intervene in the sector of education. Though it is not advisable to make the entry examination and employment too easy, I would suggest that the procedure to be trained in funeral establishment be made a little easier to access. This will encourage more people to get involved in the sector. Though the funeral establishments have invested somewhat significantly in the advertisement of their services, I would suggest that the department take the initiative of publishing their work more and the laws that govern the sector. This would help open up the society’s interest in these facts.
I think that New York has better services in this sector than North Carolina since it displays a lot of concern for the consumer to an extent of placing three members on the board just to air the concerns and needs of the consumers. This greatly promotes good will and loyalty from all the citizens of New York and also has a reputation building effect. North Carolina board of funeral services has a very efficient website compared to that of New York. It is very informative and gives all the aspects that the law encompasses about their work. The New York funeral service providers however are not far behind because they also display good knowledge of the laws and have availed their knowledge through interactive internet websites.
Works Cited
Legacy Funeral Services Provider. New York Funeral and Cremation State Statutes. 2012. Web. 18 November 2012
North Carolina Board of Funeral Services. Article 13A. 2012. Web. 18 November 2012
