Funeral Service Test Funeral Service Funeral Service Law & Ethics 5 — Questions and Answers
Question 1: When a funeral home adds a 'service charge' to the retail price of a casket purchased from a third-party supplier, this practice is known as:
- A handling fee, which is prohibited by the FTC Funeral Rule (Correct answer)
- Price gouging under federal consumer protection law
- A legal surcharge allowed if disclosed
- A casket markup, regulated only by state law
Correct answer: A handling fee, which is prohibited by the FTC Funeral Rule
The FTC Funeral Rule prohibits funeral homes from charging a 'handling fee' or any surcharge on caskets purchased from third-party sellers as a condition of service.
Question 2: A funeral director in a small town is approached by a grieving widow who is clearly confused and signs a contract for services far more expensive than she can afford. The ethical principle most implicated is:
- Non-maleficence — the funeral director must avoid exploiting the vulnerable widow (Correct answer)
- Justice — all customers deserve equal pricing
- Autonomy — the widow signed willingly
- Beneficence — expensive services may better honor the deceased
Correct answer: Non-maleficence — the funeral director must avoid exploiting the vulnerable widow
Exploiting a grieving, vulnerable person violates non-maleficence; funeral directors have a heightened duty of care when families are emotionally compromised.
Question 3: Under the FTC Funeral Rule, which of the following is NOT required to be provided in writing?
- General Price List
- Casket Price List
- Outer Burial Container Price List
- Aftercare and grief support services list (Correct answer)
Correct answer: Aftercare and grief support services list
The FTC Funeral Rule mandates written price lists for the GPL, casket price list, and outer burial container price list, but does not require a written aftercare/grief services list.
Question 4: A state board of funeral directors has the authority to do which of the following?
- Prosecute funeral directors for criminal violations
- Suspend or revoke a funeral director's license for misconduct (Correct answer)
- Set federally mandated price ceilings for funeral goods
- Override FTC Funeral Rule requirements within the state
Correct answer: Suspend or revoke a funeral director's license for misconduct
State funeral service licensing boards can investigate complaints, hold hearings, and impose sanctions including suspension or revocation of licenses for professional misconduct.
Question 5: Which of the following actions constitutes 'unprofessional conduct' under most state funeral service practice acts?
- Offering package pricing for common funeral arrangements
- Advertising competitive pricing in local newspapers
- Willfully making false statements on vital records (Correct answer)
- Referring families to a grief counselor
Correct answer: Willfully making false statements on vital records
Deliberately falsifying vital records such as death certificates constitutes unprofessional conduct and is grounds for license revocation under virtually all state funeral practice acts.
Question 6: The legal concept of 'quasi-property right' in funeral service refers to:
- The funeral home's ownership of unclaimed remains after 30 days
- The next-of-kin's right to possess and control the disposition of the deceased's body (Correct answer)
- The state's authority to claim unclaimed bodies for medical research
- The decedent's estate's ownership of all personal effects
Correct answer: The next-of-kin's right to possess and control the disposition of the deceased's body
Courts recognize a 'quasi-property right' in the body held by the next-of-kin, meaning they have the legal right to possession for the purpose of burial or disposition.
Question 7: Under most state preneed regulations, what percentage of preneed funeral funds must typically be placed in trust?
- 50%
- 75%
- 90% or more (often 100%) (Correct answer)
- 25%
Correct answer: 90% or more (often 100%)
Most state preneed laws require that 90% to 100% of preneed funeral contract funds be deposited into a regulated trust to protect consumers.
Funeral Service Test Funeral Service Funeral Service Law & Ethics 5
When a funeral home adds a 'service charge' to the retail price of a casket purchased from a third-party supplier, this practice is known as: