FSE2080 Funeral Law Study Guide 4.1
What offense may a funeral director be guilty of, if they fail to file the death certificate?
$1,000 per day until certificate is filed
What is the amount of the federal death gratuity for those members of the armed services who die on active duty?
$12,000
For a fetal death certificate to be issued, the baby had to reach what week of life, though not yet being born?
20th
A local physician hates it when his patients die. (So does the patient!!) The physician takes out his anger by charging the funeral home a fee of $10 to sign the death certificate. What offenses/penalty may the doctor be subject to?
2nd degree misdemeanor, imprisonment not exceeding 60 days, $500 fine
You, a funeral director are going to have an immediate burial for a deceased person in a small family cemetery which does not have a sexton. You choose to bury the deceased prior to obtaining the Buiral Permit. What offense/penalty may you be subject to?
2nd degree misdemeanor, imprisonment not exceeding 60 days, $500 fine
A family wishes to collect the insurance money from the death of their father. The father committed suicide which the insurance company will not pay for. The family obtains a copy of the Death Certificate and changes the cause of death to Myocardial infarction (Heart attack) and submits it to the insurance company. Other than insurance fraud, what offense/penalty may the family be subject to?
3rd degree felony, imprisonment not exceeding 5 years, $5000 fine
The St. Petersburg Times recently came into the possession of a copy of the death certificate of former Governor Lawton Chiles and intends to publish the Death Certificate in the newspaper. The newspaper obtained the copy giving $500 to a local registrar. What offense/penalty may the St. Pete Times be subject to?
3rd degree felony, imprisonment not exceeding 5 years, $5000 fine
The family does not want their loved one to have the stigma of having died of HIV/AIDS. They request and the physician grants their request not to list HIV/AIDS as a contributing factor in the cause of death. What offense/penalty may the physician be subject to?
3rd degree felony, imprisonment not exceeding 5 years, $5000 fine
How long is the extension for filing a death certificate, if the extension is approved by the registrar?
5 days
What entity determines if a presumptive death certificate is issued?
A court
Assuming there is no extension, when must a death certificate be filed by?
A death certificate is to be completed and filed within 5 days of death and prior to final disposition.
Which state department oversees death certificates?
Department of Health
Who may receive a certified copy of the "long form", that is a copy of the death certificate which includes the cause of death?
Family members
If a funeral director buries a body in a cemetery which has no sexton, what should the funeral director do with the burial-transit permit?
He should give it to whoever is in charge of the place of final disposition
List the benefits that a prisoner of war (POW) is entitled to, if they die in the custody of the US military.
Notification, preparation, clothing, casket, transportation and, interment
Which local registrar would issue the burial-transit permit if a person died in Pinellas County, had a visitation and funeral in Hillsborough County and was buried in Sarasota County?
Pinellas County
List the expenses which may be paid for by the Secretary of the Army for an Army serviceman who died while on active duty in the Middle East.
Recovery; Notification; Preparation of remains; furnishing uniform; furnishing a casket; hearse expenses; funeral director's services; transportation of remains; interment of remains and; Presentation of a flag.
If a baby is born in the 30th week and following birth the attending physician notices a single heart beat, which death certificate should be filed - Fetal Death Certificate or regular Death Certificate?
Regular Death Certificate
If a person dies in a National *Forest*, who is responsible for the expenses in transporting the deceased out of the forest?
Secretary of Agriculture
If a person dies in a national *park*, who is responsible for the expenses of transporting the deceased out of the national park?
Secretary of Interior
A person dies in a Public Health Service Hospital. (I do not know where these institutions exist, but assume they do since the US code covers deaths there.) Who is responsible for the reasonable burial expenses of the deceased?
Surgeon General
To whom does the funeral director give the Burial-Transit permit to if the body is buried?
The funeral director gives the burial-transit permit to the person in charge of final disposition, which may be the *cemetery personnel* or the crematory personnel. This must be presented to the person in charge prior to final disposition.
To whom does the funeral director give the Burial-Transit permit to if the body is to be cremated?
The funeral director gives the burial-transit permit to the person in charge of final disposition, which may be the cemetery personnel or the *crematory personnel*. This must be presented to the person in charge prior to final disposition.
How long after death does a funeral director have to obtain a burial-transit permit if there is no extension of time?
The funeral director who first assumes custody must obtain the burial-transit permit, prior to final disposition and *within 5 days of death*.
How long after receiving the death certificate from the funeral director, does the physician have to sign the DC listing the cause of death?
The medical certification portion of the death certificate must be completed by the medical examiner or physician *within 72 hours after receiving the death certificate*, unless there are pending reports. If a physician is unable to sign at the time, a 5 day extension may be granted for the physician to complete the report.
Define Dead Body.
a body or parts for which death occurred recently
List the methods of final disposition as described by the Department of Health.
burial, interment, cremation, removal from state
What information is confidential on a death certificate?
cause of death
What information is confidential on a fetal death certificate?
cause of death, parentage, marital status, medical information
Define Fetal Death.
death prior to 20th week of gestation
Assume you are in charge of a retort. Prior to cremation, you are given the burial-transit permits. What do you do with those permits that are given to you?
forward it to the local registrar within 10 days
Where are aliases listed on the death certificate?
if there is room, they are listed in the Name line of the death certificate, if there is not room, they are listed on the back of the certificate.
Is the scattering of cremated remains following cremation considered to be final disposition?
no
On the way to the cemetery, you realize that you do not have the Burial-transit permit with you. May the cemetery complete the service and burial and allow you to bring the permit to them later that day?
no, it is punishable as a 2nd degree misdemeanor
When must a burial-transit permit be given to the person in charge of the place of final disposition?
prior to the final disposition
Who is responsible for filing the death certificate?
the funeral director who first assumes custody of the body
