Mortuary and Business Law Flashcards
7 cards from real BMS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Mortuary and Business Law flashcards as text
Under the FTC Funeral Rule, which document must be offered to any person who inquires in person about funeral arrangements?
Answer: General Price List
The FTC Funeral Rule requires funeral homes to offer a General Price List to anyone who inquires in person about funeral arrangements or the prices of funeral goods or services.
A funeral home licensee who also holds a separate embalming license in the same state is operating under what type of licensing structure?
Answer: Dual licensure
Dual licensure refers to holding two separate licenses — such as a funeral director license and an embalmer license — within the same jurisdiction.
Which legal doctrine holds a funeral home employer liable for the negligent acts of an employee performed within the scope of employment?
Answer: Respondeat superior
Respondeat superior ('let the master answer') makes employers vicariously liable for torts committed by employees acting within the scope of their employment.
A decedent's estate has insufficient assets to pay all debts. Which creditor class is generally paid FIRST under U.S. law?
Answer: Funeral and burial expenses
In most U.S. states, reasonable funeral and burial expenses are given priority and paid before most other unsecured debts from the decedent's estate.
Which federal agency enforces the Funeral Rule that regulates funeral industry pricing disclosures?
Answer: Federal Trade Commission (FTC)
The Federal Trade Commission enacted and enforces the Funeral Rule (16 CFR Part 453), which mandates itemized pricing disclosures in the funeral industry.
An embalmer discovers the deceased was HIV-positive after beginning the procedure. Under OSHA standards, what standard governs the required precautions?
Answer: Bloodborne Pathogens Standard (29 CFR 1910.1030)
OSHA's Bloodborne Pathogens Standard requires funeral homes to have exposure control plans, use universal precautions, and provide PPE when handling potentially infectious materials.
A funeral home advertises 'lowest prices in the county' without substantiation. Under the FTC Act, this could constitute:
Answer: Unfair or deceptive trade practice
Unsubstantiated superiority claims in advertising can constitute an unfair or deceptive act or practice under Section 5 of the FTC Act.