regulatory compliance Final
Recordkeeping
You must keep price lists for at least one (1) year from the date you last distributed them to consumers. You must also keep a copy of each completed Statement of Funeral Goods and Services Selected for at least one (1) year from the date of the arrangements conference. These items must be available for inspection by FTC representatives upon request!
Memorial Service
a ceremony commemorating the deceased without the body present.
Immediate Burial
a disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.
Direct Cremation
a disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.
triggering event for providing the GPL
a face to face meeting. This can occur anywhere, not just at the funeral home. (Employees should carry copies of the GPL with them when making home and/or institutional removals.)
Cremation
a heating process which incinerates human remains.
Casket
a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.
Funeral Ceremony
a service commemorating the deceased with the body present.
Physical Hazards
a substance which is scientifically proven to be combustible liquid, compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable, or water-reactive.
Alternative Container
an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.
Unfinished Wood Box
an unornamented casket made of wood which does not have a fixed interior lining
Outer burial container
any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners.
Cash advance items
any item of service or merchandise described to a purchaser as a "cash advance," "accommodation," "cash disbursement," or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honorarium; flowers; musicians or singers; nurses; obituary notices; gratuities; and death certificates.
Crematory
any person, partnership or corporation that performs cremation and sells funeral goods.
Funeral Provider
any person, partnership, or corporation that sells or offers to sell funeral goods and funeral services to the public.
Funeral Services
any services which may be used to: 1) care for and prepare decease human bodies for burial, cremation or other final disposition; and 2) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies.
Embalming Machine matience guidlines
embalming machines should be labeled with both a formaldehyde warning label and biohazard label the embalming machine should always be operated with a tight fitting lid after each use, the embalming machine should be thoroughly rinsed. No solution should remain in the tank. routinely inspect each embalming machine
Federal Trade Commission (FTC)
enacted the Funeral Industry Practices; Trade Regulation Rule, hereafter refered to as the Funeral Rule on September 24,1982.
Biohazard Labels, Tags, and Signs
flourescent organge or orange red symbols must be in a contrasting color
universal precautions
his means treating all human remains as infectious
embalming machine areas that need inspected
hoses hose connections guages pumps
Statement of Funeral Goods and Services Selected (Statement)
is an itemized list of the goods and services that the consumer has selected during the arrangements conference. This statement allows consumers to evaluate their selections and to make any desired changes. -does not require any specific form, heading or caption on the Statement.
biohazardous waste receptacle requirements
it must not be located anywhere where untrained employees and/or the general public can come in contact with it the receptacle must be disposed of by a licensed disposal company in accordance with federal, state, and local regulations all manifests from the licensed disposal company must be maintained to document proper disposal of biohazardous materials when inspected by a regulatory agency The receptacle must be labeled as biohazardous or color coded red in accordance with OSHA regulations.
Consumer product
means any tangible personal property which is distributed in commerce and which is normally used for personal, family or household purposes (including caskets, burial containers, urns, etc.)
Special Ordering
means purchasing a casket or container that is not in stock and not part of your regular offerings.
Embalming disclosure
relates to embalming and the need for prior approval. -If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below. -This information must be entered before the Statement is given to the consumer.
Religious Groups and Memorial Societies
same as goverment agencies, ,]7 TGFM mv j]juygty=[=66t
Legal Requirements disclosure
states that you will charge consumers only for the items they have selected and that you will explain any legal, cemetery, or crematory requirements in writing. -This information must be entered before the Statement is given to the consumer.
November 1972
the FTC begins to review current practices in the funeral industry
1976
the FTC conducts hearings on the proposed rule in New York, Chicago, Los Angeles, Atlanta, and Washington, DC.
1982
the FTC enacts the trade regulation rule for funeral service
1964
the FTC takes a look at funeral service and concludes that regulation is best handled at the state level
1914
the Federal Trade Commission created by an act of congress
November 1999
the Funeral Rule is currently under review.
1994
the Funeral Rule is revised and changes take effect
January 1, 1984
the Funeral Rule takes effect.
1974
the Magnuson-Moss Warranty Act and FTC Improvement Act gives the FTC the power to create Trade Regulation Rules. FTC also calls for complaints regarding funeral service (initially there were only 144 complaints registered with the FTC).
GENERAL PRICE LIST Identifying Information
the Name, Address, and Telephone Number of the funeral provider's place of business, including (where relevant) the address and telephone number for each branch The caption: General Price List The effective date of the GPL
1938
the Wheeler-Lea Ammendment adds to the scope of FTC responsiblities the expectation to investigate unfair or deceptive practices in commerce
Services of Funeral Director and Staff
the basic services, not to be included in prices of other categories, that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.
Funeral Goods
the goods which are sold or offered for sale directly to the public for use in connection with funeral services.
1975
the initial trade regulation rule regarding funeral service was published in the Federal Register
emergency shower station requirements
the station must be located within 25 feet of the workstation the station must be clearly marked, well lighted, and easily accessible (there should be no obstacles including doors or turns) the station should be a one step operation (i.e., push plate or pull) the water supply should be cool to cold (ideally 60o to 100 oF) the water supply must not be used for any other purpose stations should be checked on a regular basis to insure they are in proper working condition
eye was station requirements
the station must be located within 25 feet of the workstation the station must be clearly marked, well lighted, and easily accessible (there should be no obstacles including doors or turns) the station should be a one step operation (i.e., push plate or pull) the water supply should be cool to cold (ideally 60o to 100 oF) the water supply must not be used for any other purpose stations should be checked on a regular basis to insure they are in proper working condition
Cash Advance Items
you mark-up the charge on cash advance items or receive a commission, discount, or rebate that is not passed on to the consumer, you cannot state that the price charged for the cash advance item is the same as your cost. If there is an added charge, or if you receive and keep a rebate, commission, or trade or volume discount, you must tell the consumer that the price is not the same as your cost. (See mandatory disclosures) -The Rule does not prevent you from adding a service charge, nor does it require you to disclose the amount of that charge. However, some states may have laws or regulations that prohibit any mark-up on cash advance items.
alternative price list situation
Children and Infants Government Agencies Religious Groups and Memorial Societies
request authorization to embalm
Disclose that embalming is not required by law (except in special cases, if relevant) Refrain from further discussion about prices or the selection of funeral goods or services while you remove the deceased. Any further discussion of prices or the selection of goods or services at this time would trigger the requirement to provide a GPL.
Sharps Container
Every preparation room must have a sharps container for the safe disposal of non-reusable sharps. The requirements of sharps containers are... it should be located as close to the working area as possible (in the case of multiple work station preparation rooms, each work station should have a separate sharps container.) the container must be puncture-resistant, closeable, and leakproof on the sides and bottom sharps containers should either be color coded red or properly labeled with a biohazard label in order to prevent spillage, the lid of the container should be closed before handling or disposal in the larger bioharzardous waste container
July 1973
FTC initiates "non-public" investigation of the funeral industry
Federal Trade Commission adminisers
Federal Trade Commission Act Clayton Anti-trust Act Fair Packaging and Labeling Act Truth-in-Lending Act Fair Credit Reporting Robison-Patman Act Magnuson-Moss Warranty Act
LIVERY SERVICES
If a funeral home utilizes a livery service, the livery service must carry copies of that funeral homes GPL to be distributed to a family in the event they inquire about goods and services. If you routinely use a livery service, you are responsible to see that the livery service carries copies of the GPL for distribution.
Telephone Price Disclosures
If funeral arrangements are made over the telephone, a copy of the GPL must be mailed to the consumer prior to disposition.
Alternative Price Lists for Special Groups
In certain limited situations, you may use alternative price lists. Remember: Even if you use alternative price lists, you must still comply with all Rule provisions, including mandatory disclosures and itemized prices.
who is allowed in prep room
Only authorized persons who have received proper health and safety training (i.e. Hazard Communication, Formaldehyde, and Bloodborne Pathogen) are permitted in the funeral home preparation room. The door to the preparation room must be locked at all times. (The lock must prevent entry into the preparation room, but must allow for easy escape from inside in an emergency)
State Exemptions
Only state agencies may apply to the Commission for a statewide exemption from the Funeral Rule
Scissors, trochar tips, and other sharps instruments
Scissors, trocars, and other sharp instruments used in the preparation room should be placed in a leakproof container after decontamination. This container should be labeled Decontaminated.
1970's
Sunset legislation eliminates various regulatory boards at the state level (including boards that regulate funeral service)
Funeral Rule
The Funeral Rule went into effect on January 1, 1984. It was revised in January 1994, and these revisions took effect on July 19, 1994. Formerly known as the Funeral Industry Practices; Trade Regulation Rule, The FTC conssits of 5 commisssioners appointed by the president of the United States and serve for a seven year term
Disclosures required on GPL
The consumer's right to select only the goods and services desired Embalming Alternative Containers for direct cremation The Basic Services Fee The Casket Price List The Outer Burial Container Price List
GENERAL PRICE LIST Required Disclosures
The consumer's right to select only the goods and services desired Embalming Alternative Containers for direct cremation The Basic Services Fee The Casket Price List The Outer Burial Container Price List
Right of Selection
The first disclosure informs the consumer that they have the right to select only the items they want to buy, besides a non-declinable basic services fee. This disclosure should be placed immediately above the prices of goods and services offered.
Government Agencies
When entering into such arrangements, you must follow all Rule requirements, including giving price lists to the government agent at the time you make or discuss such arrangements. You can add the prices for these special situations to your regular price list or prepare a separate price list for these arrangements. If you prepare a separate price list, you do not need to make it available to anyone other than the government agency or persons who qualify for the special arrangements.
The Hazard Communicaton Standard (29 CFR 1910.1200)
- took effect on May 23, 198 -All employees have both a need and a right to know the hazards and identities of the chemicals to which they are exposed in the workplace. -. The goal is to establish safer working environments! -covers both the manufactuers of chemicals and the employers who use hazadous chemicals -employers (i.e. funeral homes) need only to focus on those aspects of the standard which establish a workplace program and communication of information to employees.
Telephone What you cannot do
--You cannot require callers to give their names, addresses, or phone numbers before you give them the requested information. You can ask callers to identify themselves, but even if they refuse, you must answer their questions. -You cannot require consumers to come to the funeral home in person to get price information.
Funeral Rule prohibits specific misrepresentations in six (6) areas:
-Embalming -Casket for Direct Cremaiton -Outer Burial Container -Legal and Cemetery Requirements -Preservative and Protective Value Claims -Cash Advanced Items
misrepresentations in six (6) areas:
-Embalming -Casket for Direct Cremaiton -Outer Burial Container -Legal and Cemetery Requirements -Preservative and Protective Value Claims -Cash Advanced Items
Soiled Laundry Container
-Every preparation room must have a sharps container for the safe disposal of non-reusable sharps. -The requirements of sharps containers are... -it should be located as close to the working area as possible (in the case of multiple work station preparation rooms, each work station should have a separate sharps container.) -the container must be puncture-resistant, closeable, and leakproof on the sides and bottom -sharps containers should either be color coded red or properly labeled with a biohazard label -in order to prevent spillage, the lid of the container should be closed before handling or disposal in the larger bioharzardous waste container
Magnuson-Moss Warranty Act
-Federal law that governs consumer product warranties -Passed by Congress in 1975 -Requires manufacturers and sellers to provide consumers with detailed information about warranty coverage
Magnuson-Moss Warranty Act reasons for passage
-The Act improves consumer's access to warranty information -The Act enables consumers to comparison shop for warranties -The Act encourages warranty competition -The Act promotes timely and complete performance of warranty obligations
Funeral Rule, Rationale for the Rule
-To ensure that funeral consumers have enough information to make informed choices in selecting only the goods and services they want. -To ensure that funeral consumers do not pay for a service or product that is not required by law or that is not requested. - To ensure that funeral providers do not misrepresent facts relative to funeral goods and/or services.
Telephone You are not required to:
-To send via mail a copy of your price list(s) when requested by phone. -To send via e-mail or other electronic telecommunications a copy of your price list(s) when requested either by phone or e-mail.
Ways to make the text of warranty available
-Warranties can be displayed on top of or inside a casket model, outer burial containers, urns, etc., so long as the warranty is clearly and conspicuously displayed. The consumer must be able to readily see the warranty -Warranties, or copies of warranties, can be filed in a binder. If needed, the funeral provider should write the warrantor for warranties on any funeral products with missing warranties -Warranties can be attached to the product container in an obvious place to be clearly read by the consumer -Funeral providers can display a "common warranty" for warrantors who use a generic warranty by placing one sign with the warranty terms as close as possible to the warranted products
Telephone What you can do
-You can use an answering machine and/or answering service to record incoming calls. However you must respond to questions from callers on an individual basis -You can have an employee answering phones who can respond to easier questions regarding prices and offerings from the printed price lists, but who refers more difficult questions to you. (If you are unavailable when the call comes in, the employee can take a message so that you can return the call later.) -You are not required to give price and other information after business hours. You can tell consumers who call during non-business hours that you will provide the information during regular business hours. -If you are in the middle of an arrangement conference you can take a message and return the call at a later time.
Preservative and Protective Value Claims
-You cannot make any representations to consumers that funeral goods or services will delay the natural decomposition of human remains for a long term or an indefinite time. -You cannot tell consumers that funeral goods (caskets, vaults) have protective features or will protect the body from gravesite substances when that is not true.
Embalming
-You cannot tell consumers that state or local law requires embalming if that is not true. If state law does require embalming, you may tell the family that embalming is required due to the specific circumstances. -You also must tell the consumer in writing that embalming is not required by law except in special circumstances.
Outer Burial Container
-You cannot tell consumers that state or local law requires them to buy an outer burial container, if that is not true. You must also tell consumers that state law does not require them to purchase an outer burial container -You may not tell consumers that a particular cemetery requires and outer burial container, if that is not true. You need to keep updated on the rules of local cemeteries to make sure that your information is accurate. If a cemetery does require a container, then you should explain this to the family.
Statement of funeral goods and sevices selected - when should they be given to consumer
-You must give each consumer a completed Statement at the end of the arrangements conference. -If arrangements are made over the telephone, you should give the consumer the Statement at the earliest possible date.
Hazardous Chemicals inventory list requirements
-a list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate MSDS. (This list may be compiled for the workplace as a whole or for the individual work areas.) -chemicals be listed in alphabetical order by manufacturer's identity (product name). -At the end of each year, a copy of the inventory list must be placed in a file labeled, Hazardous Chemicals Inventory List (specifiy year) and retained for a period of 30 years.
Cash advance items
-are described to a consumer as a "cash advance," "accommodation," "cash disbursement," or by any similar term -you obtain from a third party and pay for on the consumer's behalf
Label tags and sign guidelines
-employees must be informed to the meaning of the various labels, tags, and signs and the appropriate precautions which must be taken -The signal words (i.e., Danger, Caution) must be readable at a minimum distance of 5 feet and greater if the danger warrants a greater distance -labels, tags, and signs must be posted as closely as possible to the respective hazard and fastened in a permanent manner (e.g., string, wire, adhesive) -the label, tag, or sign must be presented in pictograph, written text, or both -laundry which is sent out for commercial cleaning should be appropriately labeled with both a biohazard tag and a tag which states, Danger: Formaldehyde - contaminated clothing. Avoid inhalation and skin contact.
Federal Trade Commission Purpose
-maintain free and fair competition in business -take action against monopoly, restraint of trade, and unfair or deceptive trade practices -prevent anti-competitive practices in the marketplace as an aid to consumers.
Cash Advance Items disclosure
-relates to your charges for your services in buying cash advance items. If you charge for purchasing a cash advance item, or if you receive and retain a rebate, commission, or trade or volume discount for a cash advance item, you must make the following disclosure: We charge you for our services in obtaining: (specify cash advance items) -This disclosure must be placed in immediate conjunction with the list of itemized cash advance items on your Statement and specify those cash advance items to which the disclosure applies.
Requirements of the Standard
-the development and implementation of a written hazard communication program. -the proper labeling and associated warnings on containers containing hazardous chemicals. -the acquisition and maintenance of Material Safety Data Sheets (MSDS). -the communication by the employer to the employee of hazards in the workplace through information and training
General Price List (GPL) Who Gets a GPL?
A GPL must be given to anyone who asks, in person, about funeral goods, funeral services, or the prices of such goods and services. A GPL must be given for retention by the consumer! If funeral arrangements are made over the telephone, a copy of the GPL must be mailed to the consumer prior to disposition. -The request for information does not have to come from a consumer or someone who wants to make funeral arrangements now or in the future. You must give a GPL to all persons who inquire about funeral arrangements. This may include competitors, journalists, and representatives of businesses, religious societies, government agencies, or consumer groups
Preventive Requirements
1. Telephone Price Disclosure 2. Casket Price List 3. Outer Burial Container Price List 4. General Price List 5. Statement of Funeral Goods and Services Selected
hazardous chemicals used in the funeral home
Acetone, Alkyl dimethylbenzyl ammonium chloride, Amaranth, Amitrole 2-Butoxyethanol Camphor, Chlorine salts, Chloroform, Cresol Diethanolamine, Diethylene glycol, Dimethylformamide Ethyl acetate, Ethyl alcohol, Ethylene dichloride, Ethylene glycol, Ethylene glycol monomethyl ether Formaldehyde, Formic acid Glutaraldehyde Hexylene glycol Isobutane, Isopropyl alcohol Methyl alcohol, Methyl ethyl ketone, 2,2'-Methylenebis (4-chlorophene), Methylene chloride, Mineral spirits, Molding plaster Nitrocellulose Orthodichlorobenzene, Oxalic acid Paradichlorobenzene, Paraformaldehyde, p-tert-Pentylphenol, Phenol, Propane, Propylene glycol Quartz, Quaternary ammonium compounds Sodium hypochlorite, Sodium pentachlorophenate Talc, Toluene, 1,1,1-Trichloroethane, Trichloroethylene
Syringe needles, suture needles, scalpels
After these instruments have been decontaminated, they should be pushed sharp edge first into the block of styrofoam. If the styrofoam block becomes dirty or bloody, it should be replaced immediately.
states with approved plans include
Alaska, Arizona, California, Connecticut, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, Wyoming.
Comprehension of Disclosures
All disclosures to consumers must be made in a clear and conspicuous manner. Your goal should be to present the information in reasonably understandable form. Disclosures must be legible!
Disclosures required to be on statement
Legal Requirements Embalming Cash Advanced items
Casket Price List Information to be included on
The name of your business The caption: Casket Price List The effective date for the Casket Price List The retail price of each casket and alternative container that does not require special ordering, with enough information to identify it
OBC Price List Information to be included on the
The name of your business The caption: Outer Burial Container Price List The effective date of the price list The retail price of each outer burial container you offer that does not require special ordering, with enough information to identify the container The following disclosure:
General price list, when to offer
You are not required to hand out the GPL as soon as someone walks into your funeral home. But you must offer the GPL when you begin to discuss any of the following: -The type of funeral or disposition that you can arrange -The specific goods and services that you offer -The prices of your goods and services
Children and Infants
You can set different prices for funeral arrangements for children and infants. You can list the different fees in two ways:You can place these items on your GPL, CPL, and OBC PL, along with your regular offerings, or you can prepare separate price lists for these arrangements. -If you prepare separate price lists you do not need to give them out to anyone other than those persons inquiring about a funeral for a child or infant.
Tying Arrangements
You cannot require consumers to buy unwanted or unneeded goods and services to get the items that they do want. Consumers must be able to choose only the goods and services they want, with certain limited exceptions.
Legal and Cemetery Requirements
You cannot tell consumers that any federal, state or local law or a particular cemetery or crematory requires them to buy a particular good or service, if that is not true. If you do tell a consumer that he or she must buy a particular item because of any legal, cemetery, or crematory requirement, you must identify and describe that particular requirement in writing on the Statement of Funeral Goods and Services Selected.
Casket for Direct Cremation
You cannot tell consumers that state or local law requires them to buy a casket if they are arranging a direct cremation. If you offer direct cremations, you must make an alternative container available and inform consumers that such containers are available for direct cremations.
