BMS Mortuary Law and Ethics 5 — Questions and Answers
Question 1: A funeral director uses social media to post a photo taken at an arrangement conference without family consent. Which ethical principle is most directly violated?
- Autonomy (Correct answer)
- Beneficence
- Non-maleficence
- Justice
Correct answer: Autonomy
Posting a photo without consent violates the family's autonomy and right to control their own private information and grief process.
Question 2: Under the Uniform Anatomical Gift Act (UAGA), which statement is correct about an individual's valid anatomical gift?
- Next of kin cannot revoke a valid anatomical gift made by the decedent (Correct answer)
- Family members may override a donor's documented wishes
- The funeral director must obtain family approval before honoring the gift
- Anatomical gifts require notarization to be legally valid
Correct answer: Next of kin cannot revoke a valid anatomical gift made by the decedent
Under the UAGA, a valid anatomical gift made by the decedent during life cannot be revoked by next of kin after death.
Question 3: What does 'right to die with dignity' legislation most directly affect in mortuary practice?
- Handling remains of individuals who chose medical aid in dying (Correct answer)
- Embalming requirements for hospice deaths
- Pricing structures for natural burial options
- Funeral director licensing requirements
Correct answer: Handling remains of individuals who chose medical aid in dying
Right-to-die laws, such as Death with Dignity Acts, affect how funeral directors handle and document deaths resulting from physician-assisted dying.
Question 4: Which act primarily governs the protection of workers' exposure to formaldehyde in funeral homes?
- OSHA Formaldehyde Standard (29 CFR 1910.1048) (Correct answer)
- FTC Funeral Rule
- EPA Clean Air Act
- NFDA Professional Standards Code
Correct answer: OSHA Formaldehyde Standard (29 CFR 1910.1048)
OSHA's Formaldehyde Standard (29 CFR 1910.1048) sets permissible exposure limits and requires protective measures for workers exposed to formaldehyde in mortuary settings.
Question 5: A funeral home advertises a 'complete funeral for $995' but adds numerous required fees at the arrangement conference. This practice violates which rule?
- FTC Funeral Rule's prohibition on deceptive pricing (Correct answer)
- State cemetery regulations
- OSHA labeling standards
- EPA waste disposal regulations
Correct answer: FTC Funeral Rule's prohibition on deceptive pricing
Advertising an artificially low price while adding undisclosed mandatory fees at the arrangement conference constitutes deceptive pricing under the FTC Funeral Rule.
Question 6: What is 'constructive trust' in the context of funeral pre-need funds?
- A legal obligation to hold pre-need funds in trust for the consumer's benefit (Correct answer)
- A verbal agreement between the funeral home and a bank regarding fund storage
- A state-authorized fund allowing funeral homes to use pre-need money for operations
- A type of insurance policy that backs pre-need funeral contracts
Correct answer: A legal obligation to hold pre-need funds in trust for the consumer's benefit
Constructive trust requires that pre-need funds be held solely for the consumer's benefit, preventing the funeral home from using these funds for operating expenses.
Question 7: Which scenario best illustrates a conflict of interest that a funeral director must disclose?
- The funeral director owns a financial interest in the cemetery where they recommend burial (Correct answer)
- The funeral director is certified in grief counseling
- The funeral director's family member works at the funeral home
- The funeral director belongs to a professional trade association
Correct answer: The funeral director owns a financial interest in the cemetery where they recommend burial
A financial interest in a cemetery creates a direct conflict of interest that must be disclosed to families so they can make unbiased decisions about burial locations.
BMS Mortuary Law and Ethics 5
A funeral director uses social media to post a photo taken at an arrangement conference without family consent.
Which ethical principle is most directly violated?