CMT Legal Compliance & Documentation in Funeral Services 3 — Questions and Answers
Question 1: Which OSHA standard primarily governs funeral home workers' exposure to bloodborne pathogens during embalming?
- 29 CFR 1910.132 (PPE Standard)
- 29 CFR 1910.1030 (Bloodborne Pathogens Standard) (Correct answer)
- 29 CFR 1910.1200 (Hazard Communication Standard)
- 29 CFR 1910.147 (Lockout/Tagout)
Correct answer: 29 CFR 1910.1030 (Bloodborne Pathogens Standard)
OSHA's Bloodborne Pathogens Standard (29 CFR 1910.1030) is the primary regulation governing occupational exposure to blood and other potentially infectious materials in funeral homes.
Question 2: What is 'disinterment' and what legal document is typically required to authorize it?
- Cremation of exhumed remains; burial permit
- Exhumation of buried remains; disinterment permit (Correct answer)
- Transfer of cremains; transit permit
- Re-interment of remains; death certificate amendment
Correct answer: Exhumation of buried remains; disinterment permit
Disinterment is the exhumation (removal) of buried human remains, and it typically requires a disinterment permit issued by the appropriate governmental authority.
Question 3: Under HIPAA, which of the following parties may a funeral director disclose protected health information (PHI) to without written authorization?
- Employers of the deceased
- Life insurance companies investigating a claim
- Family members for the purpose of disposition of remains (Correct answer)
- Newspaper obituary departments
Correct answer: Family members for the purpose of disposition of remains
HIPAA permits disclosure of PHI to authorized persons responsible for the care and disposition of a decedent's remains without written authorization.
Question 4: A consumer requests only direct cremation with no viewing. Under the FTC Funeral Rule, what is the funeral home required to provide?
- A full General Price List only
- A specific price for the direct cremation package (Correct answer)
- A casket selection room tour
- A signed embalming authorization even if waived
Correct answer: A specific price for the direct cremation package
When a consumer inquires about direct cremation, the FTC Funeral Rule requires the funeral home to provide the price for that specific package as listed on the GPL.
Question 5: Which document formally records who authorized the disposition of human remains, protecting the funeral home from liability?
- Statement of goods and services selected
- Authorization for disposition (Correct answer)
- Itemized price list
- Certificate of cremation
Correct answer: Authorization for disposition
The authorization for disposition is a signed legal document that records which person(s) authorized the final disposition and protects the funeral home from liability disputes.
Question 6: If a death occurs under suspicious circumstances, who typically takes legal jurisdiction over the remains before they can be released to a funeral home?
- The state board of funeral directors
- The attending physician
- The coroner or medical examiner (Correct answer)
- The next-of-kin
Correct answer: The coroner or medical examiner
When a death is sudden, unexpected, violent, or suspicious, the coroner or medical examiner assumes legal jurisdiction over the remains until an investigation is complete.
Question 7: What is the legal term for the right to control the disposition of human remains in the United States?
- Right of interment
- Sepulcher right
- Right of disposition (Correct answer)
- Custody jurisdiction
Correct answer: Right of disposition
The 'right of disposition' is the legal right to control what happens to a deceased person's remains, typically held by the next-of-kin in order of priority.
CMT Legal Compliance & Documentation in Funeral Services 3
Which OSHA standard primarily governs funeral home workers' exposure to bloodborne pathogens during embalming?