BMS Mortuary Law and Ethics 3 — Questions and Answers
Question 1: A medical examiner orders an autopsy on a decedent whose family objects on religious grounds. What is the legal outcome?
- The medical examiner's order takes legal precedence over family religious objections (Correct answer)
- The family's religious objection automatically halts the autopsy
- A court order is always required to override religious objections
- The funeral director decides whether to comply
Correct answer: The medical examiner's order takes legal precedence over family religious objections
When a medical examiner has jurisdiction over a death, their authority to perform an autopsy generally supersedes family religious objections under state law.
Question 2: What is 'misrepresentation' in the context of the FTC Funeral Rule?
- Falsely implying that a legal requirement exists when it does not (Correct answer)
- Charging more than the listed price
- Failing to provide a price list
- Using deceptive advertising materials
Correct answer: Falsely implying that a legal requirement exists when it does not
The FTC Funeral Rule specifically prohibits misrepresentation, including falsely claiming that embalming or certain containers are legally required when they are not.
Question 3: Under OSHA's Bloodborne Pathogens Standard, funeral homes are required to offer which vaccine to employees who have occupational exposure to blood?
- Hepatitis B (Correct answer)
- Hepatitis A
- Influenza
- Tetanus
Correct answer: Hepatitis B
OSHA's Bloodborne Pathogens Standard (29 CFR 1910.1030) requires employers to offer the Hepatitis B vaccination series at no cost to employees with occupational exposure.
Question 4: Which term describes the legal process by which a state grants permission to operate a funeral home?
- Licensure (Correct answer)
- Certification
- Accreditation
- Registration
Correct answer: Licensure
Licensure is the state-granted legal permission required to operate a funeral home, issue licenses to funeral directors, and perform regulated mortuary services.
Question 5: A family from a different cultural background requests that their loved one's remains be prepared without embalming and placed in a simple shroud. The ethical response is to:
- Honor the request while ensuring legal requirements are met (Correct answer)
- Recommend embalming for sanitary reasons regardless of cultural beliefs
- Charge a higher fee for non-standard services
- Require written documentation before complying
Correct answer: Honor the request while ensuring legal requirements are met
Respecting cultural and religious diversity is a core ethical obligation; funeral directors should honor such requests as long as legal requirements are satisfied.
Question 6: What is the legal significance of a 'right of disposition' document in mortuary law?
- It legally designates who has authority to make funeral and disposition decisions (Correct answer)
- It grants the funeral home rights to sell pre-need contracts
- It transfers property rights of cemetery plots
- It authorizes the funeral director to act as estate executor
Correct answer: It legally designates who has authority to make funeral and disposition decisions
A right of disposition document legally establishes who among potential next of kin has the authority to make funeral arrangements and direct the disposition of remains.
Question 7: Which of the following best describes 'informed consent' in mortuary practice?
- A family's agreement to services after receiving complete and accurate information about them (Correct answer)
- Signed permission from next of kin for embalming obtained before death
- Consent given by the decedent in a pre-need arrangement
- Written authorization from a physician to release remains
Correct answer: A family's agreement to services after receiving complete and accurate information about them
Informed consent in mortuary practice means families agree to services only after receiving full, truthful information about procedures, costs, and alternatives.
BMS Mortuary Law and Ethics 3
A medical examiner orders an autopsy on a decedent whose family objects on religious grounds.
What is the legal outcome?