Wa Laws, Rules, Regulations Funeral director Exam Questions and Answers 2024

Wa Laws, Rules, Regulations Funeral director Exam Questions and Answers 2024 RCW 18.39.215 -Answer-Authorization To Embalm Authorization to Embalm -Answer-No licensed embalmer shall embalm human remains without first having obtained authorization from individual(s) with right of disposition. Is embalming required by Wa State law? -Answer-No, except under certain conditions as determined by rule by the state board of health. Refrigeration 18.39.215 (2)(a) -Answer-Any licensed authorized to dispose of human remains shall refrigerate or embalm the human remains upon receipt of the human remains. Or Gross Misdemeanor Can a licensee provide financial advice? -Answer-18.39.231 - no, it is gross misdemeanor and is grounds from disciplinary action. What percentage can a funeral home keep in a prearrangement contract? -Answer-18.39.250 - up to 10% Deposits to the prearrangement funeral services trust shall be made not later than the _______ day of the month following receipt of payment. -Answer-18.39.250 - 20th day All prearrangement funeral services trust moneys shall be deposited in _______? -Answer- 18.39.250 - A public depository or shall be invested in instruments issued or insured by an agency or federal government. Who owns the interest, dividends, or growth or a trust? -Answer-18.39.250 - The trust (beneficiaries) How much can be deducted per year from a trust for Administration costs? -Answer-18.39.250 - 1% What circumstances permit withdrawal of all funds plus accruals in a prearrangement contract? - Answer-18.39.250 - A) FH files a verified statement with Trustees that the prearranged merchandise and services were Furnished. b) FH files a verified statement that the prearrangement contract was cancelled. c) Revocable contract (subject to 30 day cancellation provided) When can the prearrangement contracts be terminated by the board? -Answer-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 -Answer-No What is a contract defined as if the beneficiary is a recipient of public assistance or reasonably anticipates being so? 18.39.250 -Answer-Contract is irrevocable (the beneficiary thus remains eligible for assistance) Why would DSHS contact a trust? 18.39.250 -Answer-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 -Answer-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 -Answer-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 -Answer-Once a 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 -Answer-Felony Unprofessional conduct includes: 18.39.410 -Answer-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 -Answer-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 -Answer- Consumer, licensee, corporation, organization, and state and local governmental agency If a licensee defaults on a student loan, what happens? 18.39.465 -Answer-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 -Answer-Gross Misdemeanor How long is the minimum time if a licensee or applicant requests a hearing after service of a charge? 18.235.050 -Answer-Minimum 30 days Can a person whose license has been revoked petition to get it back? 18.235.100 -Answer-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 - Answer-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 - Answer-Order for payment in superior court in county in which hearing was held. Unprofessional conduct can be this... 18.235.130 -Answer-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 -Answer-Misrepresenation or concealment of material facet in obtaining or renewing a license. Unprofessional conduct can be this... 18.235.130 -Answer-Advertising that is false, deceptive or misleading Unprofessional conduct can be this... 18.235.130 -Answer-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 -Answer-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 -Answer-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 -Answer-Failure to comply with an order by the disciplinary authority Unprofessional conduct can be this... 18.235.130 -Answer-Violating any provisions in RCW 18.235.020 Unprofessional conduct can be this... 18.235.130 -Answer-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 -Answer-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 -Answer-Misrepresentation in any aspect of the conduct of the business or profession Unprofessional conduct can be this... 18.235.130 -Answer-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 -Answer-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 -Answer-Interference with an investigation by disciplinary authority Unprofessional conduct can be this... 18.235.130 -Answer-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 -Answer-$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 - Answer-$25,000 What is a person guilty of if attempting to obtain or maintain a license by willful or fraudulent misrepresentation? 18.235.170 -Answer-Gross misdemeanor (charged up to $3k) How should PN contracts appear? -Answer-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. -Answer-(a) The name of the purchaser and the beneficiary of the contract;(b) Description of the services and merchandise to be provided;c) The total purchase price to be paid under the contract and the manner and terms which will govern payment;(d) That all funds placed in trust plus net accruals are subject to refund Who should date and sign the PN contract? -Answer-(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) -Answer-(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) -Answer-(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? -Answer-Yes Trust fund depository agreement requirements: -Answer-- 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? -Answer-90 What does an annual statement for the FH include? -Answer-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? -Answer-Ten