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18.39.215
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18.39.215
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WA State Funeral Law
Question | Answer |
---|---|
Authorization to Embalm 18.39.215 | No licensed embalmer shall embalm human remains without first having obtained authorization from individual(s) with right to disposition. |
Is embalming required by WA state law? 18.39.215 | No except under certain conditions as determined by rule by the state board of health. |
Refrigeration 18.39.215 | Refrigerate human remains upon receipt of remains. Violation is a gross midsemeanor. |
What penalty is assessed for "kickbacks" or offering services for less than the price in the GPL? 18.39.220 | Gross misdemeanor |
Can a licensee provide financial advice? 18.39.231 | No. The crime is a gross demeanor and is grounds for disciplinary action. |
What percentage can a funeral home keep in a prearrangement contract? 18.39.250 | Up to 10% |
Deposits to the prearrangement funeral service trust shall be made not later than the ____ day of the month following receipt of each payment. 18.39.250 | 20th |
All prearrangement funeral service trust moneys shall be deposited in ___? 18.39.250 18.39.250 | a public depositary or shall be invested in instruments issued or insured by any agency or federal govt. |
Who owns the interest, dividends, or growth of a trust? 18.39.250 | The trust (beneficiaries) |
How much can be deducted per year from a trust for administration costs? 18.39.250 | 1% |
What circumstances permit withdrawal of all funds plus accruals in a prearrangement contract? 18.39.250 | a. FH files a veriefied statement w/ trustees that the prearranged merchandise and services were furnished b. FH files a verified statement that prearrangement contract was cancelled c. Revocable contract (subsequent to 30 day cancellation pd provided) |
When can the prearrangement contracts be terminated by the board? 18.39.250 | FH goes out of business, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors, has its prearrangement register revoked, or cannot fulfill obligations in contract. |
Can prearrangement trusts moneys be used directly or indirectly for the benefit of any FD etc? 18.39.250 | No |
What is a contract defined as if the beneficiary is a recipient of public assistance or reasonably anticipates being so? 18.39.250 | Contract is irrevocable (the beneficiary thus remains eligible for assistance) |
Why would DSHS contact a trust? 18.39.250 | If there is a claim on the estate for long-term care services. Such notice shall be renewed every 3 years. |
Prearranged funeral service contracts funded through insurance shall contain language which: 18.39.255 18.39.255 | 1. States the amount of ins. 2. States name of ins co 3. Informs purchaser that amounts paid for ins. may not be refundable 4. Informs that any funds not used for services may be subject to a claim for reimbursement for state long-term care. |
To do prearrangements, a FH needs? 18.239.260 | Certificate of Registration |
How often does a FH need to file a statement of its financial condition and transactions involving prearrangement contracts for the preceding fiscal year? 18.39.320 | Once per year |
Any person who violates or fails to comply with or aids and abets any person in violation of prearrangement contracts, is guilty of ___? 18.39.350 | Felony |
Unprofessional conduct includes: 18.39.410 | 1. Solicitation of human remains 2. Finder fees for impending deaths 3. Kickbacks from vendors (eg cemeteries,florists) 4. Using a casket repeatedly (exl rentals) 5-9 next |
Unprofessional conduct includes: 18.39.410 | 5. Violation of local laws re: handling human remains 6. Not prompt surrender remains to person lawfully with custody 7. Selling services for less than GPL 8. Violation state or fed laws on funeral practice 9. Knowingly concealing unprofessional condu |
Who can complain to board about alleged unprofessional conduct? 18.39.420 | Consumer, licensee, corporation, organization, and state and local governmental agency |
If a licensee defaults on a student loan, what happens? 18.39.465 | The director suspends the license until the lending agency writes a release stating payments are beig made. |
What violation is it if one is unlicensed and a registration, endorsement, or permit is required? 18.39.530 | Gross Misdemeanor |
How long is the minimum time if a licensee or applicant requests a hearing after service of a charge? 18.235.050 | Minimum 30 days |
Can a person whose license has been revoked petition to get it back? 18.235.100 | Yes and the disciplinary authority may require successful completion of the exam as condition for the reinstatement. |
Upon finding of unprofessional conduct, what can disciplinary authority do? 18.235.110 | a. Revoke license b. Suspend license c. Restrict or limit practice d. Remedial educ or treatment e. Monitor practice f. Censure, reprimand g. Probation conditions h. Fine i. Denial to renew license j. Other |
If fine is ordered and not paid in timely manner, what can disciplinary authority do? 18.235.120 | Order for payment in superior court in county in which hearing was held. |
Unprofessional conduct can be this... 18.235.130 | Act of moral turpitude, dishonesty, or corruption relating to biz or profession... even if not a crime. |
Unprofessional conduct can be this... 18.235.130 | Misrepresenation or concealment of material facet in obtaining or renewing a license. |
Unprofessional conduct can be this... 18.235.130 | Advertising that is false, deceptive or misleading |
Unprofessional conduct can be this... 18.235.130 | Incompetence, negligence, or malpractice that results in harm or danger to another or that creates an unreasonable risk or harm or damage to another |
Unprofessional conduct can be this... 18.235.130 | Suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. |
Unprofessional conduct can be this... 18.235.130 | Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law |
Unprofessional conduct can be this... 18.235.130 | Failure to comply with an order by the disciplinary authority |
Unprofessional conduct can be this... 18.235.130 | Violating any provisions in RCW 18.235.020 |
Unprofessional conduct can be this... 18.235.130 | Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required. |
Unprofessional conduct can be this... 18.235.130 | Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule |
Unprofessional conduct can be this... 18.235.130 | Misrepresentation in any aspect of the conduct of the business or profession |
Unprofessional conduct can be this... 18.235.130 | Failure to adequately supervise or oversee auxilary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged |
Unprofessional conduct can be this... 18.235.130 | Conviction of any gross misdemeanor or felony relating to the practice of te person's profession or operation of the person's business |
Unprofessional conduct can be this... 18.235.130 | Interference with an investigation by disciplinary authority |
Unprofessional conduct can be this... 18.235.130 | Engaging in unlicensed practices as defined in RCW 18.235.010 |
How much can the disciplinary authority fine an unlicensed person for performing licensed activities? 18.235.150 | $1000/day with a civil fine and a cease and desist order will occur |
How much can a fine be for a person or business that violates an injunction? 18.235.160 | $25,000 |
What is a person guilty of if attempting to obtain or maintain a license by willful or fraudulent misrepresentation? 18.235.170 | Gross misdemeanor (charged up to $3k) |
How should PN contracts appear? | Contracts must be written in language that can be easily understood by all parties and printed or typed in easily readable type size and style. |
PN Contracts need to contain 4 items. 1 is: | (a) The name of the purchaser and the beneficiary of the contract; |
PN Contracts need to contain 4 items. 1 is: | (b) Description of the services and merchandise to be provided |
PN Contracts need to contain 4 items. 1 is: | (c) The total purchase price to be paid under the contract and the manner and terms which will govern payment; |
PN Contracts need to contain 4 items. 1 is: | (d) That all funds placed in trust plus net accruals are subject to refund |
Who should date and sign the PN contract? | (3) Such contract shall be dated and be executed by the purchaser and by the funeral establishment through its owner, officer or managing agent. |
Such prearrangement funeral service trust agreements shall be between the funeral establishment and trustees designated by the funeral establishment. The agreement shall include language that provides for (4 of 8 requirements) | (a) A minimum of two trustees; (b) Duties and responsibilities of the trustees; (c) Method of removal of trustees; (d) Selection of depository(ies); |
Such prearrangement funeral service trust agreements shall be between the funeral establishment and trustees designated by the funeral establishment. The agreement shall include language that provides for (4 of 8 requirements) | (e) Details as to investment and administration of the trust; (f) Compensation of trustees and expenses to be incurred; (g) Accounting methods to be used; (h) Provisions for amendment and termination of the trust agreement. |
Does the board need to approve PN funeral trust agreements? | Yes |
Trust fund depository agreement requirements: | - set forth terms and conditions for deposits and withdrawals - insured accounts or protected by fed - |
Annual statement requirements. How many days after fiscal year has ended, does FH have to make statement to board about its financial health, transactions and affairs? | 90 |
What does an annual statement for the FH include? | The statement shall include a balance sheet and a profit and loss statement for the preceding fiscal year and/or other such fiscal documents as the board may require. |
(3) The funeral establishment shall list any changes in its officers, directors, managers or partners or any change in ownership greater than ____ percent which have occurred in the preceding fiscal year? | Ten (10) |
With respect to each prearrangement funeral service contract trust fund, the following information must be provided (8 total): | 1. Depository Name & Account Number 2. # contracts at fiscal yr beginning 3. Total amt paid by contract holders 4. Total amt dep in trust fund 5. # new contracts 6. amt paid on new contracts 7. Withdrawals (inc principal & earnings) 8. # outstandin |
The annual report form must include a year-end statement from the depository as to the amount of money held in funeral _______________ _______ as of the reporting date. | prearrangement trust |
For the general welfare of the public and in order to protect the integrity of the funeral industry, the use of ___________ _______________ of prearrangements must be defined by the board. | telephone solicitation |
"____________ ____________" means an unsolicited telephone call to a person and conversation for the purpose of inducing the person to make funeral prearrangements made without previous invitation, expressed or implied, by the person called. | Telephone Solicitation |
Time limits for telephone solicitation: | - more than 1x/6mos - before 8am, after 9pm |
If person called on a telephone solicitation sez to not call and put them on no call lists... | do not contact the callee for at least 1 year |
Identification. Within the first thirty seconds of the telephone call, a telephone solicitor or salesperson shall: | (a) Identify herself, the company on whose behalf the solicitation is being made, the property, goods, or services being represented b) Terminate the telephone call within 10 seconds if the purchaser indicates he or she does not want the call. |
Retired status certificate of registration. How old do you have to be and what benefits does this confer? | - Age 62 - Registration fee waived - No continuing ed |
In addition to the waiver of the renewal fee and continuing education, a retired registrant is permitted to: | a) Retain wall certificate b) Title funeral director supplemented by "retired" c) Consultant services on funeral dir d) Provide refs for persons seeking licensure e) Volunteer instructing on funeral directing f) Technical expert for court, or litigat |
Can a retired FD/embalmer be active again? | Yes. Need to submit current licensing fee and written request. |
Care of human remains. There are 6 requirements, (a) is: | (a) Comply with all applicable Washington state laws, rules and regulations related to health or the handling, transportation or disposition of human remains. |
Care of human remains. There are 6 requirements, (b) is: | (b) Not perform any act which will tend to affect adversely the dignity, individual integrity or the respectful and reverential handling and burial or other customary disposition of human remains. |
Care of human remains. There are 6 requirements, (c) is: | (c) Upon receipt of remains, obtain id of remains as est. by the institution, agency, or individual releasing remains and place an id bracelet or tag on the ankle or wrist. If remains are in protective pouch due to condition, tag in/out of pouch. |
Care of human remains. There are 6 requirements, (d) is: | (d) Follow the directions of the individual or individuals that has/have the right to control the disposition of the human remains. |
Care of human remains. There are 6 requirements, (e) is: | (e) Record this info: - Name of deceased - Date of death - Place of death - Name & relationship of person(s) with right to control disp. - Date & time of receipt of remains - Date & time of refrigeration &/or embalming - Method, date & loc. of disp |
Care of human remains. There are 6 requirements, (f) is: | (f) Not separate any organs, viscera or appendages of a human remains from any portion of remains for separate disposition. The entire noncremated human remains that FH has received and has poss. of must be maintained and disposed of as one entity. |
Care of human remains. There are 6 requirements, (g) is: | Provide refrigerated holding of a human remains for which embalming has not been authorized. In addition to these regulations, the handling and refrigeration of human remains shall be governed by chapter 246-500 WAC. |
Who can be present during prep, embalming or autopsy? | Care and preparation for burial or disposition of all remains are private. No one allowed in embalming or prep rooms while remains are embalmed or during autopsy except the licensee, employees, and public officials in discharge of duties. |
What are to be done with deceased's valuables? | Every licensee shall provide a written itemization of any property, money, jewelry, possessions or other items of significant value found on a human remains in the licensee's care, custody or control to the decedent's NOK or the proper authorities. |
Does a FH (fun establishment) need an exclusive area/office at an identified location for conducting the business which is accessible to the public? | Yes, space must be made to the public. |
Provide private and secure area(s) for holding human remains which will include: | - refrigerator w/ max temp of 48 deg - sink w/ hot/cold h2o - Covered receptacles for soiled linens, bandages, refuse and other waste materials which meet OSHA, WISHA, DOH & other applicable regulations - Chemicals for disinfecting remains - Chem stor |
Does a FH need restrooms for public and staff? | YES |
What if the cooler is off-site? | Provide the id of the facility on request to board and individua(s) with right to control the disposition of the human remains where this establishment or branch provides for the holding and/or preparation of the human remains entrusted to its care |
Should uncasketed bodies be displated? | No. Provide for the privacy of uncasketed human remains in vehicles used for transportation of the remains by screening, curtains, or adequately tinted windows. |
What are requirements for embalming facilities? | - surfaces tile or washable material - Light & ventilation - hot & cold h2o, utility sink, & storage for instruments & supp. - sewage & waste disposal & drainage - entry door lab. "Private", be locked - Emb/prep table non-porous - cov receptacles 4 |
When does a licensee control remains? | No licensee will, directly or indirectly, assume control of any remains w/o having first obtained authority from the person(s) having the right to control the disposition of the remains under RCW 68.50.160 |
What does "confidence" entail? | No licensee will divulge any information as to illness, cause of death, financial affairs or transactions, and any other information customarily considered confidential, obtained while serving in such licensed capacity. |
Against concealment of crime... what does this mainly mean? | No licensee will remove, embalm, or perform prep of a human remains when he/she has information indicating crime or violence in connection with the cause of death, until permission is obtained from coroner, medical examiner or other qualified official. |
Where are licenses displayed? | A licensee must display license in each location where employed. Legal duplicates provided by the dept at a fee to be determined by the director will be displayed when a licensee is employed at more than one location. The display of copies prohibited. |
How often are inspections of a FH or crematory? | Funeral establishments and crematories licensed under the provisions of chapter 18.39 RCW will be inspected at least once each year by the duly appointed department inspector. |
What do inspections cover? | Inspections shall cover compliance with applicable statutes and rules. |
Applicants for initial licensing as a funeral director or embalmer must submit: | (a) An application on a form prescribed by the board. (b) Official sealed college transcripts. (c) Official national board or other state board examination scores. (d) A nonrefundable application fee as defined in WAC 308-48-800. |
Applicants seeking reciprocity must submit: | a) Application on a form prescribed by board. b) Official verification of out-of-state licensure from out-of-state licensing board. c) Official sealed college transcripts, if licensed in another state for a period of < 5 years. d) Application fee |
Licensing Exam | (1) The board adopts grading of International Conference of Funeral Service Examining Boards (ICFSEB). 2) All applicants must pass a state law exam. In addition, applicants for funeral director licensing required to pass an exam in funeral arts. |
Course of training — Funeral director intern. | - 25 services, arrangements, dispositions - quarterly report signed by intern and sponsor - 1800 hrs training, not less than 1 calendar year |
Embalmer interns | - emabalm 50 human remains - 3600 hours, not less than 2 yrs - quarterly reports of intern and sponsor to DOL |
When is renewal of licenses, registrations, endorsements and permits? | Annually on licensee's DOB |
Report of internship registration, termination, transfer and credit is made by whom? | The responsibility for notifying the director, department of licensing of internship registration and termination rests with the employing funeral establishment. (so untrue...) |
Branches of an establishment may operate under the general license of the establishment, pursuant to RCW 18.39.145 and 18.39.148 and the following terms and conditions: | a) Branch(es) operate under same name as establ. b) Branch(es) display current branch license. c) Branch(es) have lic FD in employ and avail to provide services requiring pro skills of licensee. d) Branch fail 2 meet stand. of estab. may result in canc |
No FD shall bill or cause to be billed any item that is referred to as a "________ _____________" item unless the net amount paid for such item by the funeral director is the same amount as is billed to such funeral director. | Cash Advanced |
When arrngmts are done or prior service being rendered, a written, itemized stmt w/ price of merch & service that person making arragmts selected, the price of supplemental items of service and merch & the est amt of each item FH will adv $ as accom | Every licensed funeral director, his or her agent, or his or her employee shall give, or cause to be given, to the person making funeral arrangements or arranging for shipment, transportation, or other disposition of a deceased person: |
Anyone who sells, or offers for sale, any share, certificate, or interest in the biz of a FD or embalmer etc, promising to give to the purchaser a right to the services of the FD, embalmer,etc at a charge or cost less than GPL, is guilty of ____ ____. | Gross misdemeanor |
RCW 70.58.030 Duties of local registrars: | Make sure the DC is correct and then issue burial transit permit (in regards to death stuff) |
RCW 70.58.040 How much is a local registrar paid? | Local registrar shall be paid $1 for each birth, death, or fetal death certificate registered for his district which sum shall cover making out the burial-transit permit and record of the certificate to be filed and preserved in his office. |
RCW 70.58.065 Local registrar use of electronic databases: | They can use databases to get birth and death certificates. |
RCW 70.58.107 Fees charged by department and local registrars: | $20 per certified copy; $8 for a search of the files or records when no copy is made. |
RCW 70.58.107 (second part) When can a fee not be required for a certified DC? | for use in with a claim for compensation or pension from VA. No fee may be demanded or required for furnishing certified copies of a death certificate of a sex offender for use by a law enforcement agency in maintaining a registered sex offender database |
RCW 70.58.150 "Fetal death," "evidence of life," defined: | Any product of conception that shows no evidence of life after complete expulsion or extraction from its mother. "Evidence of life" include breathing, beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. |
RCW 70.58.160 Certificate of death or fetal death required: | ith the local registrar of the district in which the death or fetal death occurred within three business days after the occurrence is known; if unk, in district w/in 1 day... not req if <20 weeks |
RCW 70.58.170 Certificate of death or fetal death — By whom filed: | FD files with last seen doctor or, if unattended, the coroner or ME. |
RCW 70.58.175 Certificate of death — Domestic partnership information: | Yay! Needs to be on the DC. |
RCW 70.58.180 Certificate when no physician, physician's assistant, or advanced registered nurse practitioner in attendance — Legally accepted cause of death: | FD refers it immediately to coroner or ME. |
When does an FD call a the local health officer or his or her deputy, the coroner or medical examiner, and if none, the prosecuting attorney (or the sheriff's office)? | When death is unattended but there is not suspicion of it being unnatural. The "expected death list" means the ME/coroner was already notified. |
RCW 70.58.190 Permit to dispose of human remains when cause of death undetermined: | If cause of death undetermined, then there will be a "pending" on DC and FD can get it certified for a burial transit permit. The ME/coroner has to give written reason to registrar why it is delayed. |
RCW 70.58.230 Permits for burial, removal, etc., required — Removal to another district without permit, notice to registrar, fee (i.e. how soon is a burial transit needed?) | Within 3 biz days. |
When do you need a certificate of removal? | When moving a body from district to district w/o a burial transit. file with or mail to the local registrar of the district where the death occurred a notice of removal upon a blank to be furnished by the state registrar. |
RCW 70.58.240 Duties of funeral directors: | - Obtain a DC - Get a certified from local registrar - Get a burial permit - Get vitals from MRP - Get a doctor's sig on DC - put date & place of disposition on DC - keep the burial transit permit w/ deceased 'til disposition; deliver to disposition |
RCW 70.58.250 Burial-transit permit — Requisites. | Burial-transit permit contains stmt by local registrar that a satisfactory certificate of death having been filed with him or her, as required by law, permission is granted to inter, remove, or otherwise dispose of the body. |
RCW 70.58.260 Burial grounds... what to do w/ burial-transit permits. | - can't permit disposition w/o BTP - return BTP w/ endorsement and "no person in charge" to local registrar for public record - if no one there, FD duty to file BTP w/in 10 days w/ own signature |
RCW 70.58.280 IF an FD willfully mishandles BTP, what are they guilty of? | is guilty of a misdemeanor |
RCW 70.58.390 Certificates of presumed death. | Coroner or ME can file DC with presumed death if death probably happened in that county or waters contiguous. |
RCW 70.58.400 Certificate of death — Presence of methicillin-resistant staphylococcus aureus (MRSA) | The doctor has to put MRSA on DC |
WAC 246-500-020 Agency filings affecting this section Contact with human remains. (1) Funeral directors, embalmers, medical examiners, coroners, health care providers, and others directly handling or touching human remains must: | - wash hands - use barrier precautions - Not eat, drink, or smoke where handling of human remains or body fluids is - Use reasonable precautions to prevent spillage of body fluids - wash hands after gloves off - Disinfect area - Dispose of blood etc |
When handling human remains in an auto... | disinfect it after transporting human remains |
When can FDs delay refrigeration? | a) Embalming b) Transporting c) Cremating or burying d) ID View <1hr e) Washing, anointing, clothing, praying over, reading to, singing to, sitting with, guarding, viewing, or accompanying deceased for a period of time not > 24 hours |
WAC 246-500-040 A person transporting human remains must: | - use hygienic measures for pot infectious material - have a BTP |
WAC 246-500-040 For a common carrier transporting human remains, what must be done? | - Leak resistant container inside a leak-resistant shipping container - BTP in sturdy envelope attached to container - Give the BTP to crematory or sexton for disposition |
WAC 308-47-010 What is "pulverization"? | reduction of identifiable bone fragments to unidentifiable dimensions by manual or mechanical means following cremation. |
WAC 308-47-010 What is a "cremation chamber"? | the enclosed space in a crematory in which the cremation process takes place |
WAC 308-47-010 What is a "processing"? | removal of foreign objects from cremated human remains and may include pulverization |
WAC 308-47-010 What is a "cremation container"? | means the container in which the human remains must be enclosed before being placed in the cremation chamber for cremation. Has to be combustible, rigid, no spillage, and cover remains. |
WAC 308-47-010 What is a "sealable container"? | any container in which cremated human remains can be placed and closed to prevent leakage or spillage of cremated human remains. |
WAC 308-47-010 What is a "holding facility"? | area designated for the care, storage and holding of human remains prior to disposition. • Comply w/ public health laws. • Preserve the dignity of HR • Recognize health and safety of employees • Be secure from access by anyone except authorized person |
WAC 308-47-010 What is a "cadaver"? | human remains or any part thereof, which have been donated to science for medical research purposes. |
WAC 308-47-010 What are "body parts"? | limbs and other portions of human anatomy that have been removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy or medical research. |
WAC 308-47-010 What is "commingling"? | mixing of cremated human remains of more than one deceased person. |
WAC 308-47-010 What is "residue"? | he cremation products that may unavoidably remain in the cremation chamber after manual sweeping techniques are performed. |
WAC 308-47-020 Identification of human remains. What does a crematory need to do before accepting a body for cremation? | - Name of deceased - DOD - Place of death - Name and relationship of auth agent - name of firm engaging services - description of container - ID# on metal disk or tag for whole process |
WAC 308-47-030 Agency filings affecting this section Holding human remains for cremation. A crematory must not accept and hold human remains for cremation | - HR must be in cremation container - cannot accept if evidence of spillage or leakage - HR must be refrigerated in cooler below 48 degrees |
WAC 308-47-030 Holding human remains for cremation. Can a crematory hold remains w/o a cremation container? | A crematory must not accept and hold human remains for cremation unless the human remains are contained in a cremation container. |
Can a crematory accept human remains in a cremation container having evidence of body fluid leakage? | No |
What must be held only within a mechanically or commercially acceptable refrigerated facility of adequate capacity, with a maximum temperature of 48 degrees Fahrenheit? | Human remains that are not embalmed |
WAC 308-47-040 Cremation of human remains. | Cremation must not take place until the burial transit permit and authorization for cremation are obtained. |
How does a crematory operator id the body throughout the cremation process? | Immediately prior to being placed within the cremation chamber, the identification of the human remains must be verified by the crematory operator. And a metal disc/tag in the cremation chamber. |
Can two bodies be cremated at the same time? | Not permitted, unless written authorization is obtained from the authorizing agent of each human remains to be cremated simultaneously. This exempts crematory from all liability for commingling the products of the cremation process. |
Simultaneous cremation of more than one human remains within the same cremation chamber may be performed without the authorizations required in subsection (3) of this section, if: | • Equipment, techniques, and other devices are employed that keep the human remains separate and distinct, before and during the cremation process. • Recoverable cremated remains are kept separate and distinct after the cremation process. |
Can you cremate an animal in any ol' retort? | Crematories licensed by the state cemetery board or the board of funeral directors and embalmers, will only be used for the cremation of human remains, cadavers, or human body parts. |
WAC 308-47-050 Processing of cremated human remains. | - remove all but residue - no commingling - ID attached to container or tray - Process by legal req. - Processing or pulverization if CR placed in cemetery, mausoleum, columbarium, or where religious beliefs oppose - Remove/dispose prostheses etc |
WAC 308-47-060 Packaging and storage of cremated human remains. | - CR must be in sealable container - CR identified by metal tag or disc - If CR less than container, need packing material - If 2 containers needed, must be identified as being together |
WAC 308-47-070 Disposition of cremated human remains. A crematory must keep permanent record of: | - DOD - Date of BTP - Date of delivery of HR - Date of cremation - Name of crematory operator - Name of person packing etc - Date of release of CR - Date of disposition |
If CR are with a crematory or FH for longer than 90days, they must: | - attempts to contact authorizing agent (AA) via registered mail - Informs AA of procedures that will happen if no response in 60 days - Informs AA that recovery of CR may or may not be possible - Maintains a permanent record of disposition |
WAC 308-48-350 AIDS prevention and information education requirements. | A new licensee and to renew registration(?) must show 4 hrs of AIDS education of forms on prevention, transmission and treatment of AIDS. |
AIDS education documentation must: | i) Certify, on forms provided, that the minimum education and training ii) Keep records for 5yr documenting attendance and description iii) Be prepared to validate, through submission of these records, that attendance has taken place. |
Can AIDS education be counted for CE requirements? | The AIDS education requirement may be counted towards the fulfillment of the continuing education requirement. |
WAC 308-48-510 Continuing education requirements — Purpose. | CE, approved by the board, shall be required as a condition of renewal of funeral director and embalmer licenses and of funeral director intern and embalmer intern registration, in order to maintain and improve the quality of their services to the public. |
When do CE requirements take effect? | The effective date of the continuing education requirement will be two years after initial licensure as a funeral director and/or embalmer, or initial registration as a funeral director intern and/or embalmer intern. |
WAC 308-48-530 Continuing education basic requirement — Amount. | Every individual licensed as a funeral director and/or embalmer or registered as a funeral director intern and/or embalmer intern, shall be required to complete ten hours of approved CE every 2 years as a condition of renewal. |
Can CE hours be carried over if more than 10? | No |
Can a license be renewed if the CE hours are not documented and approved? | No |
WAC 308-48-550 Continuing education reporting requirement. | The licensee or registrant shall submit an affidavit certifying compliance with the continuing education requirement on the form provided by the board. The affidavit shall be submitted with license or registration renewal fee every two years. |
WAC 308-48-570 Continuing education discretionary exception for emergency situation. | In emergencies, such as personal or family sickness, the board may waive, for good cause shown, all or part of the continuing education requirement for a particular 2yr period for an individual licensee or registrant. Proof needed. |
WAC 308-48-590 Qualification for board approval of continuing education activities. | - activity must increase professional competency - must relate to mortuary science - CE must be conducted by people the board considers knowledgeable |
What is acceptable CE to the board? | The board may approve as CE courses, lectures, seminars, correspondence or homestudy programs which the board determines would be beneficial in improving the knowledge or service capability of licensees and registered interns. |
WAC 308-48-600 Procedure for obtaining board approval of continuing education activity. | - an application before CE starts; board will say how many hours count - board may require teaching material etc - board may monitor class and approve/disapprove |
WAC 308-48-780 Crematories — Inspections. How often are crematories inspected? | Crematories are subject to inspection at least once each year by the inspector of funeral directors and embalmers to ensure compliance with Washington state laws and regulations related to health or the handling or disposition of HR. |
WAC 308-48-810 Brief adjudicative proceedings — When they can be used. This is first half... | - can a licensee be reinstated - if a licensee can sit for exam - financial security(?) - are board-proposed sanctions ok - does person meet min requ to apply for licensure - has an applicant failed exam - does applicant have enough CE - investigat |
WAC 308-48-810 Brief adjudicative proceedings — When they can be used. This is second half... | - disqualifying crime - default on educ loans - disobeyed order of director - recordkeeping violations - trust acct violations - false advertsing - unlicensed practice - does educ meet board approval - if witness testimony is unecessary |
WAC 308-48-815 Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings. | A person has 5 days to request it goes from a brief adjudicative hearing to a formal one. |
How long do funeral director and embalmer interns have for an internship? | 5 years and then they must pass the test. |
WAC 308-48-850 Intern sponsors — Qualifications, limitations and responsibilities. Licensees who supervise interns: | • Must work and be at same lic. est. as intern: interns can work at mult. locations if req. • Supervise max. of 3 interns. • Must have a min. of 1yr of exp. as a lic. FD or embalmer in WA. • Sponsors responsible for work by their interns. |
WAC 308-48-870 Leave of absence — Interns. | - Intern submits an appeal to the board for a leave of absence. - enlists in military of the US or called to active duty and resumes internship w/in 1yr after service. - full-time student in a funeral service education program accredited by the ABFSE. |
Can HR be transported by someone unlicensed? | the board has determined that transportation of human remains may be performed by unregistered persons who are employed by licensed funeral establishments. |