NC Laws & Rules Exam Questions With
Rationales Answers
How many members are on the state board? - ANSWER-nine
How many board members are licensed? - ANSWER-seven
How are the licensed board members chosen? - ANSWER-four are appointed by the
governor from nominees recommended by the NCFDA; two are appointed by the
governor from nominees recommended by the FD & MA of NC; one is appointed by the
governor who is not affiliated with any funeral service trade association
how are the unlicensed board members chosen? - ANSWER-one is appointed by the
general assembly upon the recommendation of the president pro tempore of the senate
and another is appointed by the general assembly upon the recommendation of the
speaker of the house of representatives. they cannot be licensed or work for someone
licensed.
are board positions paid? - ANSWER-no, except for reimbursement for necessary travel
and other expenses
are there any public members on the board? if so, how many - ANSWER-yes, three
how long are the terms of board positions? - ANSWER-three year staggered terms
how many consecutive terms can a board member serve? - ANSWER-two
how often does the state board have meetings? - ANSWER-there must be at least four
meetings every year but more can be held as the board members see fit
what entities does the board control? - ANSWER-funeral homes, pre-need, crematories,
and cemeteries
does the board control casket stores? - ANSWER-casket stores are not technically
funeral providers so they are not governed by the board
every place or premises devoted to or used in the care, arrangement, and preparation
for the funeral and final disposition of dead human bodies and maintained for the
convenience of the public in connection with dead human bodies or as the place for
carrying on the practice of funeral service - ANSWER-funeral establishment
if I own a funeral home in a larger town, but I want to keep my market share in a nearby
town (20 miles away), must I have a funeral home there or can I locate just a funeral
chapel there? - ANSWER-any funeral home with a valid permit can operate a maximum
of two chapels within a 50 mile radius
,what are the state requirements regarding the manager of a funeral establishment? -
ANSWER-funeral providers must name a manager who possesses a funeral service
license. This must be the person who oversees the daily operations.
are there any rules or regulations that control how a funeral home can/must be named?
- ANSWER-yes, chapels cannot include the word "funeral" anywhere in its name or on
its signage or building
does the state have an inspector to inspect funeral homes? - ANSWER-yes; inspectors
can enter any establishment where funeral services are provided and look through any
files pertaining to said funeral service
what type of professional license must the inspector of the state board have? -
ANSWER-they must possess a funeral service license
Describe the actions that can lead to losing a license or prevent a person from obtaining
a license - ANSWER--any person/entity who has been convicted of a sexual offense
against a minor (including convictions of attempt, solicitation, or conspiracy to commit a
sexual offense against a minor and convictions of aiding and abetting any of these
crimes; this also includes any conviction for any of these crimes in another state which
would be convicted similarly if they had occurred in NC)
-any person/entity who had their license revoked, suspended, or was placed on
probation in another state due to a felony conviction other than those described above
-any person/entity who had their license revoked, suspended, or was placed on
probation because of conduct related to fitness to practice
What are the requirements to be an apprentice in the state? - ANSWER-paperwork that
states the applicant is at least 18 years old, of good moral character, a high school
graduate or the equivalent, and containing the license number of the licensee they will
be training under
how long does an apprenticeship last? - ANSWER-twelve months and 2000 hours of
work
how long must a person have their license before they can oversee an apprentice? -
ANSWER-five years
how many resident trainees can each funeral home have? what is the number based
on? - ANSWER-one apprentice per 100 calls in a calendar year
what are the requirements to be a licensed funeral director in NC (a license specifically
for funeral directing)? - ANSWER-the individual must
-be at least 18 years old
-be of good moral character
-possess a mortuary science degree or be a graduate from a funeral director program
,-have completed a 12 month apprenticeship as a funeral director within the previous
three years
-have obtained passing scores on the following exams
--arts (entry-level) exam
--state laws exam
--pathology exam
-have paid all applicable fees
what are the requirements to be a licensed embalmer in NC (a license specifically for
embalming)? - ANSWER-the individual must
-be at least 18 years old
-be of good moral character
-possess a mortuary science degree or be a graduate from a mortuary science program
-have completed a 12 month apprenticeship as an embalmer within the previous three
years
-have received a passing score within the previous three years on the following
subjects:
--embalming, restorative arts, chemistry, pathology, microbiology, and anatomy
--state laws exam
-have paid all applicable fees
when one has a professional license with the state board, when exactly does that
license expire? - ANSWER-each license expires at the end of the given calendar year
and the licensees have until february of the following year to renew
what are the requirements for a licensee wishing to relocate to NC and reciprocate their
license? - ANSWER-the individual must:
-hold an active, valid license in good standing as a funeral director, embalmer, or
funeral service licensee issued by a jurisdiction that will reciprocate a NC license. the
license, at the time of issuance, must have had equal or greater education, training, and
examination requirements
-have demonstrated knowledge of the laws and rules governing the profession in NC
through achieving a passing score on the laws and rules exam administered by the
board
-submit proof of good moral character
-have practiced with their license for at least three years in another jurisdiction
does NC require licensees to take continuing education classes in order to retain their
license? if so, how many hours must they have each year? - ANSWER-five hours
does NC allow continuing education hours to roll over into the next year? - ANSWER-
five continuing education hours, in addition to the five already turned in for the current
year, may be rolled over to the following year
does everyone that holds a license have to take continuing education hours each year,
or are there any exceptions? - ANSWER-the board can wave this requirement for those
, ill or under undue hardship, or those practicing outside of NC. Additionally, the board
can exempt any person who:
-was licensed on or before 12/31/2003 and has been licensed in NC for a continuous
period of 25 years or more
-was licensed on or after 1/1/2004 who has been licensed for a continuous period of 25
years or more and who has reached the age of 60
-at the time of renewal is a member of the General Assembly
does the state require any public official, physician, or professional-type person to
procure permission from the spouse or next-of-kin before releasing the remains to a
funeral establishment? If so, explain - ANSWER-yes, the location of the removal must
receive permission from the family to release to the funeral provider. If no release
permission occurs, the funeral provider may not retrieve the decedent
does the state have any special certification or card for mortuary school students? if so,
what? - ANSWER-yes, they are available upon request
what is the requirement for an inactive licensee to become active again? - ANSWER-
requesting renewal and submitting five CE hours for every year they were inactive
what are the requirements necessary for someone to open or start a funeral
establishment in NC? - ANSWER-the owner(s) must fill out an application, have it
notarized, and send it to the board, along with a $250 application fee. once the board
has received the fee and notarized application, an inspection will take place looking for
all required items on the new establishment checklist and upon satisfactory inspection,
they establishment will receive their permit number
how long does a preneed licensee have to deposit preneed funds in a bank account
with said licensee listed as the trustee? - ANSWER-five days
does the state allow families to take their money from a pre-need account after it has
been legally deposited according to the state laws? - ANSWER-yes, the family can take
their money from a preneed account after it has been deposited, but where the money
goes depends on if the preneed contract was revocable or irrevocable. revocable
contracts can be refunded fully to the family, while irrevocable contracts can only be
transferred to alternative funeral providers
what happens to a client family's money in a pre-need account if the funeral home goes
out of business? - ANSWER-the client family's money invested into their preneed
contract will be transferred to another preneed licensed institution
in NC, can a licensed funeral director sell a pre-arranged and pre-funded funeral to a
family? - ANSWER-not always. a special preneed license is required to sell preneed
contracts. a licensed funeral director/embalmer or funeral services licensee is not
automatically licensed to sell preneed contracts, nor is someone licensed to sell
