BMS Funeral Service Law and Ethics 3 — Questions and Answers
Question 1: A funeral director embalms a body without family consent and without a state law requiring it. This is an example of:
- Standard professional practice
- Battery and an ethical violation (Correct answer)
- Acceptable if medically necessary
- Permitted under the FTC Funeral Rule
Correct answer: Battery and an ethical violation
Embalming without consent and without legal requirement constitutes battery and a serious ethical breach of the family's rights.
Question 2: Which of the following is NOT required to be disclosed on the FTC General Price List?
- Basic services fee
- Embalming charge
- The funeral director's personal salary (Correct answer)
- Forwarding remains to another funeral home
Correct answer: The funeral director's personal salary
The GPL must list prices for goods and services offered but does not require disclosure of individual employee compensation.
Question 3: What is the primary purpose of a Vital Statistics certificate in funeral service?
- To authorize cremation
- To document legal death for official record-keeping and disposition authorization (Correct answer)
- To notify insurance companies
- To establish preneed contracts
Correct answer: To document legal death for official record-keeping and disposition authorization
The death certificate is a legal document that certifies death and is required to authorize disposition and settle legal affairs.
Question 4: An embalmer discovers evidence of possible homicide during preparation. What is the proper ethical and legal action?
- Proceed with embalming and notify family
- Stop preparation and immediately notify law enforcement (Correct answer)
- Document findings and continue embalming
- Consult with funeral home owner before taking action
Correct answer: Stop preparation and immediately notify law enforcement
Suspected homicide requires immediate cessation of preparation and notification of law enforcement to preserve evidence.
Question 5: Which term describes the illegal practice of a funeral home steering families toward higher-cost options through deceptive sales techniques?
- Upselling
- Predatory merchandising (Correct answer)
- Price steering
- Casket substitution
Correct answer: Predatory merchandising
Predatory merchandising involves using deceptive psychological or sales tactics to pressure families into purchasing more expensive products.
Question 6: A funeral home charges a 'casket handling fee' for families who supply their own casket. Under the FTC Funeral Rule, this fee is:
- Prohibited entirely
- Permitted if listed on the GPL and disclosed to the family (Correct answer)
- Permitted only for third-party caskets
- Required to be waived for veteran families
Correct answer: Permitted if listed on the GPL and disclosed to the family
The FTC Funeral Rule allows a third-party casket handling fee only if it is listed on the General Price List and disclosed in advance.
Question 7: Which of the following actions would constitute a conflict of interest for a funeral director?
- Referring families to a grief counselor
- Owning a cemetery and directing families exclusively to it without disclosure (Correct answer)
- Offering package pricing
- Recommending embalming for a long-distance transport
Correct answer: Owning a cemetery and directing families exclusively to it without disclosure
Undisclosed financial interest in a related business that benefits from referrals creates an unethical conflict of interest.
A funeral director embalms a body without family consent and without a state law requiring it.
This is an example of: