Regulations - FD

According to the California law, when does a competent surviving spouse relinquish his or her right to control disposition of the remains of a decedent if he or she fails to act, delegate, or be located? (H&S 7105)

10 days after the right devolved upon him or her

What is the maximum fee that can be imposed upon the revocation of a preneed funeral trust? (B&P 7735)

10% of the corpus of the trust.

What percent of the funds received by a funeral director for a preneed arrangement mst be held in trust? (B&P 7735)

100%

According to the Uniform Anatomical Gift Act, what is the minimum age that an individual may execute a document of gift? (H%S 7150.15)

15 years of age upon the written consent of a parent or guardian.

A "Certificate of religious belief" may prohibit the coroner from conducting an autopsy if it is executed by an individual of what minimum age? (Gov 27491.43)

18 years of age, or older

At least how many of the first 100 bodies shall an apprentice embalm in the presence of his or her designated supervising embalmer? (CCR 1229)

25

What is the penalty if a funeral establishment knowingly fails to present a copy of a preneed agreement to the survivor of the deceased or the responsible party? (B&P 7745)

A civil fine equal to three times the cost of the preneed, or $1,000, which ever is greater.

Which of the following criteria are requirements to be a licensed funeral director? (B&P 7619, 7619.2, 7622)

A passing funeral director's exam, 18 years of age, holding an associate of arts degree

Which of the following powers of attorney grant, via statute, the agent named therein with the authority to control the disposition of the remains of the principal? (Probate 4683)

A power of attorney for health care

What change in ownership requires an assignment of the funeral establishment license? (CCR 1213)

A single or series of transactions of more than 50% of equitable interest

What change in ownership requires an assignment of the funeral establishment license (CCR 1213)

A single or series of transactions of more than 50% of equitable interest.

In order to obtain a license, what room or rooms must a funeral establishment either maintain or legally share with another licensee? (B&P 7616)

A suitable room for storage of remains or a preparation room.

What may an applicant to assign a funeral establishment's license obtain if the applicant cannot submit an audit report regarding the accuracy of the preneed trust? (B&P 7630)

A surety bond in an amount equal to 50 percent greater than the corpus of the trust, if approved by the bureau.

Which of the following practices is illegal (B&P 7701)

Accepting a commissions for recommending a cemetery.

Which of the following constitutes "delivery of merchandise" as it relates to preneed funeral arrangements? (CCR 1262)

Actual personal delivery to a purchaser

When an apprentice embalms a body out of the presence of his or her suprvising embalmer, when shall the supervising embalmer sign the Death Certificate of the decedent? (CCR, 1229)

After he or she has made a personal inspection of the body in the presence of the apprentice.

According to the FTC Funeral Rule, what type of container must funeral providers make available if they arrange for direct cremations? (CFR 16, 453.4)

Alternative Containers

Paying any sum of money by a funeral director for securing business, after a death or while a death is impending, is an example of what? (B&P 7716)

An unlawful business practice

According to the Health and Safety Code, effective January 1, 2011, cremated remains may be kept in or on the real property of whom? (H&S 7054.6)

Any person with the permission of the person with the right to control disposition pursuant to Health and Safety Code Section 7100.

When must designated separate labeled areas be maintained within an storage room that has been approved by the Bureau to share its facility? (CCR 1223.1)

At all times.

When is a representative of a funeral establishment required to provide a written price list to an individual? (B&P 7685)

At the beginning of discussion of prices or funeral goods and services offered.

The Cemetery and Funeral Bureau shall require an applicant for an embalmer's license to pass which of the following: (B&P 7646)

Both an examination administered by the Cemetery and Funeral Bureau related to California laws and regulations pertaining to the funeral industry and an examination administered by the International Conference of Funeral Service Examining Boards

When an individual is pronounced dead by determining the individual has sustained an irreversible cessation of all functions of the brain, how shall confirmation be made? (H&S 7181)

By another physician.

In what matter must the "Consumer Guide to Funeral and Cemetery Purchases" be displayed and provided to consumers by a funeral establishment? (B&P 7685.5)

By both prominently displaying the guide and providing it for retention prior to drafting a contract for funeral services.

If a cremated remains container is of insufficient capacity to accommodate all the cremated remains of a given deceased, how shall the crematory dispose of the excess cremated remains? (H&S 8345)

By placing them in a secondary container, attached to the primary container.

California law prohibits a funeral director from charging a fee for obtaining which of the following cash advances items? (B&P 7633)

Certified Copies

Which one of the following practices is considered to be an unfair or deceptive act according to the FTC Funeral Rule? (CFR 16, 453.4)

Charging a casket handling fee for a third party provided casket.

According to the FTC Funeral Rule, which of the following "minimal services" or "package prices" must be included on the General Price List if offered for sale? (CFR 16, 453.2)

Direct cremation, forwarding of remains, receiving of remains, and immediate burial.

How must a funeral establishment include its name in all advertising? (CCR 1211)

Exactly as shown by the Board's [Bureau's] records

How shall cremated remains that are in a dis solvable urn be scattered at sea? (H&S 7117)

From a boat only

Which of the following within a funeral establishment require an individual to be licensed as a funeral director by the State of California? (B&P 7616.)

Funeral Establishment Manager

An individual enters your funeral establishment and asks the receptionist if you offer cremation services. What should the receptionist do? (CFR 16, 453.2(b)(4)(i))

Hand the individual a copy of the "General Price List"

Under what circumstances must an employee of, or a person seeking employement with, a funeral establishment, disclose that he or she has held a license that was issued by the Bureau which has been suspended, revoked, or placed on probation? (B&P 7636)

If suspended, revoked, or placed on probation within the past 10 years.

According to California regulations, when must all instruments, appliances and equipment used in embalming, preparation and handling of human remains be cleansed and disinfected? (CCR 1216)

Immediately upon the conclusion of a case.

How shall a body that cannot be embalmed be received for transportation by a common carrier? (H&S 7355)

In an airtight metal casket enclosed in a transportation case.

When may a preneed funeral trust be irrevocable? (B&P 7737)

In order for the trustor to become eligible for public social services.

When does an agent named under a power of attorney for health care have the authority to direct the disposition of the remains of the principal? (Probate 4683)

In the basense of any limitations in the power of attorney for health care.

Where must a Certificate of Fetal Death be registered? (H&S 102950)

In the district in which the fetal death was pronounced.

In what manner shall a crematory disclose that it prohibits viewing of the cremation process by the relatives of a decedent? (B&P 9784.5)

In writing, prior to having a contract signed.

For the purposes of scattering cremated remains, what does the term "at sea" include? (H&S 7117)

Inland navigable waters, exclusive of lakes and streams.

When is a "document of gift", executed on a California Driver's license, considered to be valid? (H&S 7150.20)

It is valid regardless of the license having been revoked, suspended, expired or cancelled.

According to State regulations, how shall the lining of a rental cakset that has come in contact with human remains be treated? (CCR 1258.2)

It must be disposed of with the rental casket insert and the human remains.

Which of the following characteristics is not legally required for a cremation container by the Health and Safety Code, but is frequently required by crematories? (H&S 7006.5)

It must be rigid.

Which of the following persons are exempt from the law requiring that an individual register as a Cremated Remains Disposer with Cemetery and Funeral Bureau prior to scattering cremated remains? (B&P 9740)

Licensed Funeral Directors.

Who is allowed in the embalming or storage room of a licensed funeral establishment when a body is being prepared for burial? (CCR 1221)

Licensed funeral directors, authorized employees, licensed embalmers, and registered apprentices.

According to the Welfare and Institutions Code, which of the following property is not considered as an available resource for the purpose of being eligible to receive public assistance? (W&I 11158)

Money placed into an irrevocable trust to pay for funeral goods and services.

According to the Health and Safety Code, at what temperature must a body be refrigerated? (H&S 8346)

No greater than 50 F

When is a funeral establishment required to notify the bureau of a change of more than 50% of the equitable ownership of a funeral establishment? (CCR 1213)

No later than 30 days prior of the effective date.

Who must approve a valid" document of gift" before it is honored at the time of death (H&S 7150.35)

No one

Where must the "sealing device disclosure" be displayed in cases where caskets are displayed in catalogs? (CCR 1258)

On a page at the beginning of the catalog

How often must a representative of a funeral establishment that meets with the families of deceased persons receive documented training on the applicable federal and state laws pertaining to the duties of a funeral director if they have not successfully passed the Funeral Directors Exam given by the State of California (B&P 7635)

One time only

How long, according to the FTC Funeral Rule, are funeral establishments required to retain a copy of amended General Price Lists? (CFR 16, 453.6)

One year after the date of its last distribution.

Assume you just received a license to operate a funeral establishment in California. According to statutes, what activities shall be conducted at the establishment? (B&P 7616)

Only activities incident, convenient, or related to the preparation and arrangements of human remains.

When may a physician delegate his or her authority to sign a certificate of death to another physician? (H&S 102825)

Only when the certifying physician has access to the decent's records.

How does California regulation require all caskets and alternative containers that are regularly offered for sale to be displayed? (CCR 1258.1)

Physically or photographically

When must the "Declaration of Preneed Disclosure" be presented? (B&P 7685.6)

Prior to drafting any at-need contract for funeral goods or services.

Assume the person with the right to control the disposition of a decedent in your care directs you to release the body to another funeral establishment. When must you surrender custody of the body? (B&P 7706)

Promptly

If an individual has not successfully passed the Funeral Director's Exam, what qualifications must one possess in order to consult with the family of a deceased person for the purpose of arranging for funeral services? (B&P 7635)

Received documented training on laws pertaining to funeral directing.

Assume that after obtaining the signature of the certifier on a Certificate of Death for a decedent in your care, you are presented with an express order by the person lawfully entitled to its custody releasing the body to another funeral home. What must you do with the Certificate of Death? (B&P 7706)

Release the certificate to the other funeral establishment.

Cremated remains may be scattered on private property provided which of the following is true? (H&S 7116)

The cremated remains are not in a container

When is a licensed physician's assistant authorized to sign a certificate of death? (H&S 102795)

The decedent was a patient in a skilled nursing facility at the time of death and the licensed physician's assistant visited the patient within 72 hours of the patient's death.

Who is responsible for ensuring compliance with the Funeral Directors and Embalmers Law, Title 16 of the California Code of Regulations, and the applicable provisions of the Health and Safety Code? (CCR 1204)

The designated managing funeral director.

The physician last in attendance is required, by State law, to state what information on the certificate of death? (H&S 102825)

The direct cause of death, antecedent conditions, and other conditions contributing to death.

Under what conditions is licensed funeral director permitted to legally manage more than one funeral establishment that are under common ownership? (CCR 1204)

The establishment are not more than 60 miles from the main office.

Under what conditions may two funeral establishments share a common preparation and/or storage room? (CCR 1223.1)

The firms are under common ownership or have a contractual agreement to share facilities.

Which of the following statements is true regarding the Authorization for Disposition With or Without Embalming form? (CCR1214)

The form must be used exactly as set forth, without any additions, substitutions, or amendments.

The FTC Funeral Rule considers it to be an unfair or deceptive practice to emblam a body for a fee unless which of the following is true (CFR 16, 453.5)

The funeral provider has received prior approval from a family member.

Who is responsible for notifying the funeral director for the death of any person caused by reportable disease? (H&S 1797.188)

The hospital facility or the county health officer

According to the Determination of Death Act, when is an individual considered to be dead? (H&S 7180(a))

The individual has sustained irreversible cessation of circulatory and respiratory functions

When an individual falsely represents him or herself as the person having the authority to order a cremation or interment, who is liable for any damages resulting form carrying out the disposition? (H&S 7110)

The individual making the misrepresentation

In assessing an administrative fine, which of the following factors need not be given due consideration by the Cemetery and Funeral Bureau? (CCR 12(b))

The length of time the person or entity has been licensed by the Bureau

Which of the following is required on a funeral establishment's print advertising? (CCR 1211)

The license number of the establishment

A funeral director knows a family member of a decedent that has the right to control the disposition of the decedent has been charged with murder in connection with the decedent's death. Under these circumstances, to whom is the right to control passed on to? (H&S 7100)

The next priority pursuant to Section 7100 of the Health and Safety Code

According to the Health and Safety Code, a body may not be embalmed without first receiving permission from whom? (H&S 7304)

The person who has the right to control pursuant to the Health and Safety Code.

For the purposes of preneed funeral trust law, what does the term "trustor" mean? (B&P 7737)

The person who pays for the preneed arrangements

Which of the following conditions would require a funeral director to establish a preneed trust? (B&P 7735)

The property or merchandise is not immediately required.

From what source shall the funeral director obtain the non-medical information required to complete a Certificate of Fetal Death? (H&S 102960)

The source best qualified to provide it.

Which one of the following persons has the highest priority to control the disposition of the remains of a deceased person? (H&S 7100)

The spouse of the deceased

Which one of the following person has the highest priority to control the disposition of the remains of a deceased person? (H&S 7100)

The spouse of the deceased.

Which of the following person or persons have the highest priority for the purpose of authorizing a deceased person to be removed from a plot in a cemetery (H&S 7525)

The surviving spouse

Who may revoke a preneed funeral trust, not otherwise made irrevocable pursuant to the Welfare and Instituions Code? (B&P 7737)

The trustor

Under what circumstances may a crematory make a rule requiring that human remains be placed in a casket before cremation? (H&S 8342)

Under no circumstances.

When does State law permit a funeral establishment to use or re-use a casket that has been previously used a receptacle for or in conjnction with a dead human body? (B&P 7702)

Under no condition may a casket be re-used.

How long is the coroner entitled to custody of the remains for which he or she is required to investigate? (H&S 7102)

Until the conclusion of the autopsy or medical investigation

According to California law, the definition of "cremation" does not include which of the following? (H&S 7010 & 7010.3)

Weighing the remains prior to incineration

According to the FTC Funeral Rule, when is a funeral provider required to give price information over the telephone? (CFR 16, 453.2(b))

When asked about the provider's offering or prices.

According to the FTC Funeral Rule, when is it permissible to require consumers to buy unwanted services in order to get the items they do want? (CFR 16, 453.4)

When by not doing so it would be excessively burdensome to provide them.

Under what conditions is it lawful to cremate the remains of more than one person at the same time in the same cremation chamber? (H&S 7054.7)

When express written permission has been given by the person or persons entitled to control the disposition of the remains.

When is the coroner prohibited by law from charging a fee for removing a body from the place of death? (Gov 27472)

When the body is that of an individual not more than 14 years of age.

What conditions require a consumer installment contract to the translated into Spanish? (Civil 1632)

When the contract is negotiated primarily in Spanish and the purchaser does not provide his or her own interpreter.

When may the unclaimed cremated remains of American veterans or dependents of American veterans be released to an authorized veteran's remains organization for interment? (Military & Veterans 952)

When the cremated remains have been in the possession of the entity at least 12 months.

When must any person selling or offering to sell preneed insurance give a prior written notice to an individual disclosing, among other things that the individual will receive a sales presentation? (INS 789.10)

When the offer will take place in the home of the person age 65 or older?

When may an out-of-state funeral establishment transport human remains out of the State of California without a permit for disposition? (H&S 7055(b) & 103050)

When the remains were found within 50 miles of the California border and the nearest funeral establishment is within 20 miles of the border in the adjacent state.

A decedent, prior to death, directed and paid for his funeral and burial expenses completely. Under what circumstance may the survivors alters the arrangements? (H&S 7100.1)

When there is a signed and dated statement in the directions allowing the arrangements to be changed.

Assume you have successfully passed the Funeral Director's Examination given by the State of California. When is the soonest you may hold yourself out as a funeral director? (B&P 7619.3)

When you are employed by a licensed funeral establishment.

Assume a licensed funeral establishment hieres a new licensed funeral director to manage the establishment. When must the funeral establishment notify the bureau of the change in designated managers? (CCR 1213)

Within 10 days after the effective date.

When must the person to whom the permit for disposition was issued sign the document and return copies to the appropriate registrar? (H&S 103060)

Within 10 days of the date of disposition.

Within how many days of receipt must a written request for revocation of a preneed trust be honored? (CCR 1264)

Within 15 calendar days.

Within how many days must each death be registered with the State? (H&S 102775)

Within 8 days of prior to any disposition.

Assume you are a funeral director assisting in making a removal from a residence and your encounter the family of the deceased? When must you present your General Price List? (CFR 16, 453.2)

You are required to offer the General Price List if there is a discussion about prices or the selection of funeral goods and services other than a request to embalm the body.