BMS Bachelor of Mortuary Science Mortuary Law and Ethics Questions and Answers Flashcards

Under OSHA regulations, which standard specifically governs funeral home employees' exposure to formaldehyde during embalming?

Answer: 29 CFR 1910.1048 - Formaldehyde Standard

29 CFR 1910.1048 is the specific OSHA standard that sets permissible exposure limits and monitoring requirements for formaldehyde in the workplace.

A preneed funeral contract is funded through an irrevocable trust. What does 'irrevocable' mean for the consumer in this context?

Answer: The funds cannot be withdrawn or redirected by the purchaser once placed in trust

An irrevocable preneed trust means the purchaser cannot withdraw or redirect the deposited funds, which often helps protect assets for Medicaid eligibility purposes.

Which of the following scenarios would MOST likely constitute an unauthorized practice requiring disciplinary action against a funeral director's license?

Answer: Signing a death certificate as the certifying official without medical authority

Only physicians, medical examiners, or coroners have the legal authority to certify cause of death; a funeral director signing as the certifying official exceeds the scope of their license.

The Uniform Anatomical Gift Act (UAGA) establishes that a valid anatomical gift made by a donor before death can be revoked by family members after death. Is this statement true or false?

Answer: False, a valid anatomical gift by the donor takes precedence over family objections

Under the revised UAGA, a legally valid anatomical gift made by the donor cannot be revoked by family members after the donor's death.

What is the PRIMARY ethical obligation of a funeral director when serving families from diverse cultural or religious backgrounds?

Answer: Respecting and accommodating cultural and religious practices to the extent legally permissible

Funeral directors are ethically obligated to respect cultural and religious diversity and accommodate practices that do not conflict with applicable laws.

A funeral home fails to maintain proper refrigeration equipment, resulting in accelerated decomposition of remains before the scheduled viewing. Which area of law would MOST likely apply to a resulting lawsuit?

Answer: Negligence under tort law

Failure to maintain proper equipment causing damage to remains constitutes negligence, a tort claim based on the breach of the duty of care owed to the decedent's family.