MORTUARY LAW/FUNERAL SERVICE LAW
That branch of law which relates to matters concerned with the disposition of the dead.
SOURCES OF MORTUARY
... [Show More] LAW:
CONSTITUTION
STATUTES
COMMON LAW
CASE LAW
LAW
A rule of action prescribed by an authority able to enforce its will.
STATUTES
A particular law enacted by a legislative body (state law).
ORDINANCE
A law passed by a municipal governing body pertaining to matters not already covered by federal or state law. (Ordinances are made by a city or county. i.e. zoning, building, safety)
FTC - FEDERAL TRADE COMMISSION
The FTC's Funeral Rule was placed into effect in 1984 and revised in 1994.
Primary purposes of funeral rule:
◦ a.) gives consumers right to select funeral goods and services they wish to purchase
◦ b.) provides access to detailed, itemized price information prior to purchase decisions
◦ c.) prevents misrepresentations and unfair,
deceptive trade practices in sale of goods and
services
The Funeral Rule requires funeral directors
to distribute a series of price lists and
documents to consumers during various
stages of funeral arrangements.
Any entity that offers to sell or that does
sell funeral goods andfuneral services is
subject to FTC rules.
NOTE: If an entity sells only caskets and
vaults, it is not subject to the Rule.
FTC requires that at least sixteen goods and
services must be separately itemized on the
GPL.
Funeral homes are required to list only those
goods and services if they offer them for sale.
Otherwise, they may be deleted.
Likewise, if additional goods and services are
offered, they must be separately itemized. All
goods and services should be listed on the
GPL as a matter of practice.
FEDERAL LAW
The federal government has emerged as a major source of regulation for the funeral director. FTC- OSHA-ADA
OSHA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
Occupational Safety & Health
Administration
Enacted in 1970 by Congress.
Created a branch within the Dept. of Labor.
Implements safety and health programs to employees.
Institutes recording and recordkeeping
systems to track job-related injuries, illness.
Establishes training programs.
Develops and enforces mandatory job
standards.
Any person or business with employees is subject to OSHA.
OSHA does not cover self-employed persons.
In addition to general regulations, funeral homes are subject to three specific OSHA Standards:
1. Formaldehyde Exposure Standard
2. Hazard Communication Standard
3. Bloodborne Pathogen Standard
Each requires affirmative steps and programs the funeral home must undertake in order to maintain compliance. [Show Less]