SC State Law Exam

An embalming room must have at least

100 square feet of working space excluding tables, cabinets and other equipment.

South Carolina State Board of Funeral Service consists of

11 members

Appointments to the South Carolina Board of Funeral Service are effective on this date

August fifteenth

Inspector

Employed by the Department of Labor, Licensing, and Regulation.

Crematory

Establishment in which the dead body is reduced to residue by intense heat.

Disposition

Final disposal of the body by earth interment, aboveground burial, cremation, burial at sea, or donation, or removal from the State pursuant to obtaining a burial transit permit.

Funeral Director

Licensed by the board to engage for hire or profit in the profession of arranging, direction, or supervising funerals.

Board

South Carolina State Board of Funeral Service

Cremation

The reduction of the dead body by intense heat to residue.

All recommendations to the South Carolina Board of Funeral Service must be made to the Governor by this date

The second of July in each year the term of office of a member expires.

Of the 11 members on the South Carolina State Board

Two must be from the general public and not connected with a funeral service establishment and the remaining members must have been licensed as a funeral director and embalmer for at least five years and residents of SC for five.

Cremation casket

a casket specifically designed for holding, viewing, transporting human remains and must be composed of readily combustible materials, resistant to leakage, rigid enough for handling, able to provide protection to crematory personnel.

The funds must not be paid by the financial institution until

a certified death certificate and certified statement that all of the terms and conditions of the agreements have been fully performed are furnished by the provider to the financial institution.

Trust account

a federally insured account where the funds shall be paid to a provider only when the provider furnishes the financial institution with a certified death certificate and certified statement that services have been performed and the merchandise has been delivered.

Provider

a funeral home licensed in this State which is the entity providing services and merchandise pursuant to a preneed funeral contract and is designated trustee of all funds

A manager must be

a licensed funeral director for at least one year, full time regular employee, and is responsible for and binding authority from the owner for the day-to-day management of funeral establishments or crematories.

All business conducted by the board must be by a positive majority vote which means

a majority vote of the entire membership of the board reduced by any vacancies existing at the time.

Contact hour

a minimum of fifty minutes of instruction

Apprentice

a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this state

The Board shall elect ANNUALLY from among its members

a president, vice president, secretary, treasurer, and other officers as the Board determines necessary.

Alternative Container

a receptacle other than a casket in which human remains are transported to a crematory and placed in a cremation chamber for cremation

A preparation room must be equipped with

a sanitary floor, necessary drainage, ventilation, approved tables, hot and cold running water, sink separate from table drainage, instruments and supplies for prep and embalming of the deceased

Common trust fund

a trust in which the proceeds of more than one funeral contract may be held by the trustee.

The funeral service establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are complete and before the time of rendering the service

a written statement signed by a representative of the funeral home and the person making the arrangements an itemized statement of price, and merchandise and services selected, and method of payment.

Branch Funeral Home

an establishment separate and apart from the licensed parent funeral home that has embalming facilities, a chapel, lay-out room, or a sales room, or any combination of these.

No permit to operate a funeral home may be given to a funeral home with the name of

an unlicensed person that appears in the name of the funeral home but does not apply to established funeral homes existing prior to July 1, 1969.

All permits and licenses may be renewed for a two year period by

applying within thirty days preceding or following expiration of the license or permit and payment of renewal fee set by the board.

Financial institution

bank, trust company, or savings and loan association authorized by law to do business in this state.

A LLR inspector must

be a licensed embalmer and funeral director with not fewer than five consecutive years experience as a licensee.

Pre need

before the beneficiary is deceased

Funeral Merchandise inclueds

caskets, cremation caskets, urns, and burial clothing

A funeral home must include

chapel or parlor, prep room, six adult caskets, and one motor hearse for transporting casketed human remains.

A funeral service establishment may not

charge a fee for the assignment to the funeral home of an insurance policy providing burial expenses EXCLUDING preneed contracts.

Funeral Home, Funeral Establishment, Mortuary

establishment where the practice of funeral service and embalming is practiced.

No license may be issued or renewed for a period

exceeding two years.

Advertisement does not include

funeral or death notices and obituaries

Memorial service

gathering of persons for a program in recognition of a death without the body present

All payments received by any establishment licensed for funeral merchandise being purchased must be held

in a trust account in a federally insured institution until the merchandise is delivered for use as provided in the contract.

The South Carolina Department of Consumer Affairs shall undertake

investigations, review the books, records, and accounts of any establishment and conduct hearings to determine if payments are being received in violation.

Embalmer

licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, through application of chemicals, fluids, or gasses, externally or internally and the restoration or attempted restoration of the appearance of the deceased.

Seller

licensed funeral director in the State who is directly employed by the provider.

Funeral Merchandise does not inclue

mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.

An amount deposited which is not payment in full

may be credited against the cost of merchandise or services contracted for by representatives of the deceased.

A crematory shall maintain a log which has

name of deceased, ID number, authorization of cremation, date body received, type of cremation container received, date cremated, date cremains delivered, to whom the cremains were delivered.

The provider may enter into a contract and guarantee to provide services and merchandise in accordance with a preneed funeral contract in the future at

no additional cost to the purchaser when the full contract price amount is paid to the provider.

All permits for funeral establishments, crematories, or retail sales outlets expire

on June thirteenth of each odd-numbered year.

All licenses and renewals expire

on the thirteenth day of June unless sooner revoked or canceled.

When a vault is sold preneed by a seller

one hundred percent of funds received by the seller at the time of payment must be held as trust funds and deposited in a financial institution.

The operation of a funeral establishment or crematory by partnership requires

one person to be licensed funeral director or must employ a full time manager. No partner shall hold himself out through advertising or otherwise as being a licensee unless that person is in fact licensed.

Other items required in an embalming room include

one scalpel, two aneurysm needles, assorted canulae, suture needles, trocar, antiseptic soap, twelve bottles of arterial fluid, and two bottles of cavity fluid.

A shortfall in the funds must be

paid by the next of kin or the estate of the beneficiary and any excess must be refunded to the estate of the beneficiary and all taxes must be paid.

Funeral service

period following death in which there are religious services or other rites or ceremonies with the body present

Practice of funeral service means

providing shelter, care, custody, preparing the human dead by embalming or other methods for burial or other disposition, funeral or memorial arrangements before or after death, financial or otherwise.

All payments made under the agreement, contract, or plan

remain trust funds with the financial institution until the death of the beneficiary and until the delivery of all merchandise and full performance of all services called for by the agreement, contract, or plan unless receipt of a written demand for refund is made by a purchaser within 30 days.

All interest, dividends, increases, or accretions of whatever nature earned by the funds deposited in a trust account must

remain with the principal of the account and become part of it, subject to all regulations concerning the principal of the fund.

Graveside service

rite or ceremony held only at graveside, not generally construed as the committal services

A full disclosure of all available services and merchandise must be made before

selection of the casket.

The South Carolina Funeral Directors Association may recommend this many board members

six

At need

the beneficiary is deceased

After death of the beneficiary, the principal and all accrued earnings must be applied to

the cost in effect at the time of death of the services and merchandise specified in the contract.

Preneed funeral contract

the furnishing or performance of funeral services or delivery of personal property, merchandise, or services of any nature in connection with the final disposition of the deceased to be furnished or delivered at a time of death of the person whose body is to be disposed of

The board must be notified within 30 days of death, resignation, or incapacity of

the manager of a funeral establishment or crematory.

Continuing education is not required if

the person has been licensed for thirty or more years or is sixty years old or older.

No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when

the person has information indication crime or violence of any sort in connection with the cause of death until permission from coroner or medical examiner.

Purchaser

the person who is obligated to make payments under a preneed funeral contract.

Beneficiary

the person who is to be the subject of the disposition, services, facilities, or merchandise described in a preneed funeral contract.

After death of the beneficiary of a guaranteed-price contract

the principal and all accrued earnings must be paid to the provider to cover the costs in effect at the time of death of the services and merchandise specified in the contract.

If the family requests removal of dental gold or other dental work prior to cremation

they shall be allowed to arrange for a licensed dentist of their choice to make removal and the crematory will allow access.

The South Carolina Morticians Association may recommend this many board members

three

Each licensee must attend a minimum of

three credit hours annually of continuing education.

A certificate of apprenticeship may not be renewed more than

three times

The provider receiving the payments is declared to be a

trustee of the payments, and shall deposit the payments in a financial institution.

Ventilation system in prep room should exchange the air

twelve times per hour to the outside

The Board shall meet

two times per year and at other times upon the call of the president or a majority of the Board members.

If convicted of a misdemeanor

upon conviction, must be fined not less that fine hundred dollars or more that twenty-fine hundred dollars or imprisoned for not more than six months, or both.

Before arrangements are completed, the licensee shall disclose fully

what is included in the funeral and identify other related expenses such as cemeteries and florists.

Retail sales outlet

where funeral merchandise is sold or provided, or both, to the general public. However it cannot arrange or perform funerals or preparation of the body.