Actual custody
The physical possession of the dead human body or other property.
Administrative agency
A governmental body created by legislation empowered to regulate and
issue rules and regulations.
Administrative law
That body of law created by Federal and State administrative agencies
through implementation of powers and duties in the form of rules,
regulations, orders, and decisions.
Body parts
In the Uniform Anatomical Gift Act part is defined as organs,
tissues, eyes, bones, arteries, blood, other fluids, and other
portions of a human body for transplantation.
Brain death
Total and irreversible cessation of brain function as indicated by a
flat EEG reading.
Building code
Laws, ordinances, and government regulations setting forth
requirements for construction, maintenance, operation, occupancy, use
or appearance of buildings.
Burial
The act of placing the dead human body in the ground.
Cadaver
A dead human body intended solely for scientific study and dissection.
Case Law
Court decisions that establish precedented principles.
Clinical death/Legal death
Phase of somatic death lasting from 5-6 minutes during which life may
be restored.
Cohabitation
A living arrangement in which an unmarried couple lives together in a
long-term relationship that resembles a marriage.
Common Law
Non-legislated principles and rules of action predicated upon usages
and customs which the court considers binding on the community.
Common-law marriage
A union of two people not formalized in the customary manner as
prescribed by law but created by an agreement to marry followed by cohabitation.
Consanguinity
The blood relation of persons. For our purposes, consanguinity is the
term that determines who is the closest next of kin to a deceased person.
Constitution
The fundamental law that establishes the government, limits what
government can and cannot do, and states the underlying principles to
which the government will conform.
Constructive custody
The situation whereby one party has a right to acquire actual
custody/possession of the dead body although another party has actual
physical possession.
Coroner
A public officer whose duty it is to investigate cause of death when
the question of accident, suicide or homicide may be evident or where
there was no doctor in attendance.
Corpse
The body of a dead human being, deprived of life, but not yet
entirely disintegrated.
Cremated Remains
The final product remaining after completion of the entire
cremation/pulverization process.
Cremation
The reduction of a dead human body to inorganic bone fragments by
intense heat in a specifically designed retort chamber.
Crematory
The location of the retort/cremation chamber which will perform the
cremation process.
Crime (Criminal Acts)
An action in violation of constitution, statues, or ordinances.
Custodian
Status associated with funeral service practitioner/funeral
establishment who becomes legal protector of a dead human body from
time of removal until final disposition.
Dead human body
The body of a dead human being, deprived of life, but not yet
entirely disintegrated.
Death
The cessation of life; permanent cessations of all vital functions
and signs.
Degree of Kinship/Kindred
Relationship to decedent of his relatives; each generation is one
degree, counting to a common ancestor.
Doctrine of Stare decisis
A policy of courts to stand by a precedent and apply it to all future
cases where the facts are substantially the same. To stand by things decided.
Durable Power of Attorney
A situation in which one person appoints an agent; agent status which
will become or remain effective in the event the original part should
later become incapacitated.
Entombment
The placing of a human remains into a crypt in a mausoleum.
Estrangement
The physical and/or emotional separation for a period of time showing
the lack of affection, trust and regard.
Ethics
A set or moral principles or values governing individuals or groups;
conforming to accepted professional standards of conduct.
Expressed contract (aka explicit contract)
A contract in which the parties express their intentions, either
orally or in writing, at the time of the agreement.
Final disposition
The conclusive performance of services with respect to the dead human
body by one of the legally recognized methods.
General Power of Attorney
A written instrument authorizing one person to do anything for the principal.
Guardian
A judicial appointment of a person to administer the affairs of
another person who is incompetent by virtue of age or legal disability.
Householder
One who owns or controls real estate where a death occurs.
Implied contract
A contract in which the terms of the contract are implied by acts or
conduct of the parties.
Indeminification
The promise of one person to protect another person from a lawsuit.
Justice of the Peace
A public officer whose duties may include among other things the
investigation of death.
Kin
One's relatives collectively; referring to blood relationship
(legally, the surviving spouse is not a kin).
Law
Those rules of conduct commanding what is right and prohibiting what
is wrong.
Live birth
The complete expulsion or extraction from its mother of a product of
conception which, after such separation, breathes or shows any other
evidence of life.
Medical Examiner
A public officer whose duty it is to investigate questionable or
unattended deaths.
Moral turpitude
An act showing inherent baseness or vileness of principle or action;
shameful wickedness; depravity.
Morgue
A place where dead human bodies are kept until identified and/or
released for final disposition.
Mortuary Law
That branch of law which relates to matters concerned with the
disposal of the dead.
Non-property Theory
This belief holds that death is a spiritual matter, as such, the
church is the only entity entitled to possession of the dead human
body. (This is no longer practiced.)
Ordinance
A law passed by a local municipal governing body.
Paramount right
The highest right among other lesser rights.
Personal representative
Person who represents and settles the estate of deceased people.
Police power
The inherent power of every government to make reasonable laws to
protect the safety, health, morals, and general welfare of its citizens.
Precedent
A decision of a higher court which is thereafter followed as an
example of other courts.
Pre-emption
The right of the federal government to supersede a state or local
government if the two governments disagree on a particular issue.
Property Theory
The belief that the dead human body is the personal property of the
next of kin and therefore, the next of kin could sell the body if they
desired. (This has never been held as a valid property law.)
Quasi contract
A fictional contract created or implied by a Court for a person who
is unable to contract for himself; an obligation which law creates in
the absence of agreement; is invoked by courts where there is unjust
enrichment. Function of quasi contract is to raise obligation in law
where in fact the parties made no promises.
Quasi-Property Theory
The accepted theory of the legal status of a dead human body. Rights
associated with the body are as if it were property for the purpose of
disposition only.
Rules and regulations
Enactments by an administrative body governing the jurisdiction of
that agency.
Springing Power of Attorney
A written instrument authorizing one person to act as an agent for
another effective only upon a certain event occurring.
Stare decisis
A policy of courts to stand by a precedent and apply it to all future
cases where the facts are substantially the same; to stand by things decided.
Statute
A law enacted by a federal or state legislative body.
Statutory Law
Law created by legislative bodies in contrast to law generated by
judicial opinions (case law) and administrative bodies.
Uniform Anatomical Gift Act
A law permitting a person of legal age and sound mind to give all or
any part of his body to take effect upon his/her death or gives the
right to another.
Uniform Determination of Death Act
A model law intended to achieve uniformity among the states regarding
when/how a medical professional determines when death occurs.
Zoning Law
A law passed by a municipality by virtue of the police power which
regulates and prescribes the kind of building, residences, or
businesses that shall be built and used in different parts of the municipality.
Aftercare
Those appropriate and helpful acts of counseling, personal and/or
written contact that come after the funeral.
Agent
The party appointed by the principal to enter into a contract with a
third party on behalf of the principal.
Agent drivers
Those drivers under the directions and control of the funeral
establishment which is liable for the driver's negligent actions.
Apprentice/Intern
A person engaged in learning the practice of funeral directing and/or
embalming under instruction, direction or personal supervision of a
duly licensed funeral director and/or embalmer.
Bailee
A person who receives personal property from another as a bailment.
Bailment
A delivery of personal property by one person (the bailor) to another
(the bailee) who holds the property for a certain purpose under an
express or implied-in-fact contract.
Bailor
A person who delivers personal property to another as a bailment.
Cemetery
An area of ground set aside and dedicated for the final disposition
of dead human bodies.
Common carrier
Any carrier required by law to convey passengers or freight without
refusal if the approved fare or charge is paid.
Compensatory damages
Payment imposed by a court upon an individual or entity to be paid to
a harmed person to compensate for the loss the person suffered.
Covenants not to compete
A provision in a contract for sale of a business in which the seller
agrees not to compete in the same business for a period of years or in
the geographic area.
Disinterment
The removal of human remains from previous location of final disposition.
Due Diligence
The attention reasonably expected from, and ordinarily exercised by,
a person who seeks to satisfy a legal requirement or to discharge an obligation.
Eminent domain
The inherent power of a government to take private property for
public use. In the U.S. just compensation to the property owners is required.
Exhumation
The removal of human remains from previous location of final disposition.
Exigent Circumstances
Situation requiring immediate action or urgency: when exigent
circumstances exist the funeral provider might embalm without permission.
Fitness for a particular purpose
This implied warranty states that the product which is bought will
function in the specific way for which it was purchased.
Funeral director
A person properly licensed, engaged in, or conducting, or holding
himself out as being engaged in: (1)preparing, other than by
embalming, for the burial or disposition of dead human bodies, and (2)
maintaining or operating a funeral establishment for the preparation
and disposition, or for the care of dead human bodies.
Funeral establishment
A place of business used in the care and preparation for the funeral
and/or final disposition of dead human bodies.
General Price List (GPL)
A printed or typewritten list of goods and services offered for sale
by a funeral provider with retail prices. GPL is considered the
keystone of the Funeral Rule.
Liability
Responsibility for actions and/or other debts; the quality or state
of being legally obligated or accountable.
Lien
A claim or charge against property for payment of some debt.
Livery
Automotive equipment made available for hire.
Malpractice
Improper or negligent professional act by a professional person.
Mental anguish
Mental suffering resulting from grief, severe disappointment,
indignation, wounded pride, shame, public humiliation, despair, etc.
usually accompanied by physical injury or by an outrageous intentional
or grossly negligent act.
Merchantability
This implied warranty states that the product which is bought will
function in the ordinary way that the average consumer would expect it
to function.
Mutilation
Any altering or change made to a dead human body from the time of
death, other than by natural causes.
National Cemetery
A cemetery created and maintained under an Act of Congress for burial
of veterans of military service and their eligible family members.
Negligence
Failure to exercise ordinary care; omission to do something which a
reasonable prudent person would do under ordinary circumstances or the
doing of something which a reasonable and prudent person would not do;
the lack of due care (exercised by a wrongdoer who has not acted as a
reasonable person would).
Nominal damages
Payment imposed by a court upon an individual or entity to make the
statement that the person did commit a tort of some kind, but the tort
had no significant loss to the harmed person.
Nuisance
A landowner's use of property which interferes with the public or
another landowner's use of his property.
Nuisance in fact (aka Nuisance per accidens)
Acts, occupations or structures which are not nuisances per se, but
may become nuisances by circumstances of the location or manner in
which it is operated.
Nuisance per se
Acts, occupations or structures which are nuisances at all times and
under all circumstances. It may be prejudicial to public morals,
dangerous to life, or injurious to public rights.
Outrageous act
An act with complete disregard for proper conduct which transcends
the bounds of common decency
Person
Any individual, partnership, corporation, association, government or
governmental subdivision or agency, or other entity.
Personal service contract
Contract which involves such personal knowledge, skills or confidence
that it can only be performed by the person with whom it is made; a
contract whereby both parties should recognize that any breach will
usually cause anguish.
Preparation room
That portion or location in a funeral establishment especially
designed and equipped for embalming and otherwise prepare dead human bodies.
Private Carrier
Those who transport only in particular instances and only for those
they chose to contact with (funeral home vehicles and livery).
Punitive damages
Payment imposed by a court upon an individual or entity to punish the
individual (entity) for wrongdoing or gross negligence.
Reciprocity
The relationship existing between two states whereby each extends
privileges of licensure to licensees of the other state.
Replevin
An action to recover possession of wrongfully held personal property.
Restrictive covenants
Provision in a deed limiting the use of property and prohibiting
certain uses.
Statement of Goods and Services Selected
An itemized written statement provided for retention to each person
who arranges a funeral or other disposition. It must include the goods
and services selected and prices paid for each, itemization of cash
advance items and the total cost.
Tort
A private or civil wrong, other than breach of contract, for which
there may be action for damages.
Abatement
A proportional reduction of a legacy under a will when assets out of
which such legacy are payable are not sufficient to pay it in full.
Ademption
The extinction or withdrawal of an inheritance because decedent did
not own the named property at the time of death.
Administrator (Administratrix)
The man (woman) who is appointed by the court to settle the estate of
a decedent who died without a last Will and Testament.
Beneficiary
One who received property under a legal instrument, such as a will or
insurance policy.
Bequeath
To give personal property by will.
Bequest
A gift of personal property by will.
Codicil
An addition or amendment of a last will and testament executed with
the same formality as the will.
Creator
A person who enters into a contract with another entity.
Creditor's claim
A legal process used by one wishing to collect a debt from an estate.
Devise
A gift of real estate; the act/process of transferring ownership of
real property.
Devisee
The person who receives real property through the process of a devise.
Durable Power of Attorney
A situation in which one person appoints an agent; agent status which
will become or remain effective in the event the original party should
later become incapacitated.
Escheat
Forfeiture of a decedent's property to the state in the absence of heirs.
Estate
The property of a deceased person, both real and/or personal.
Executor (Executrix)
A man (woman) appointed by the will of a deceased person to carry out
the provisions thereof and settle the estate.
Guaranteed
An agreement whereby the funeral home promises that the services and
merchandise will be provided at the time of need (in the future) for a
sum not exceeding the original amount of the aforementioned contract
plus any accruals, regardless of the current prices associated with
providing the services and merchandise at the time of the funeral.
Heir
One who inherits, or is entitled to receive, property by the laws of
intestacy from the estate of a deceased person.
Holographic Will
A will written entirely by the hand of the testator/testatrix.
Homestead
The home and adjoining land with any buildings that that is occupied
usu. by a family as its principal residence.
Inherit
To receive (property) from an estate by operation of the laws of intestacy.
Inheritance
The estate which passes from the decedent to his/her heirs.
Insolvent
The condition of the estate of a deceased person which is unable to
pay the debts of the decedent and/or the estate.
Intestate
The state of condition of dying without having made a will.
Intestate succession
The method used to distribute property owned by a person who dies
without a valid will.
Inventory
Listing and valuation of decedent's assets by personal representative
of the estate.
Irrevocable
An agreement for future funeral services which cannot be terminated
or canceled prior to the death of the beneficiary.
Jointly liable
Each person signing a contract is responsible for his/her share, that
is, they each owe a portion of the contract. If there are 4 persons
signing, each owes 1/4 of the bill.
Legacy
A gift of personal property by will.
Legatee
One who inherits personal property under a will.
Master Trust Account
An entity created to hold assets for the benefit of numerous/multiple
persons or entities often utilized by multiple funeral homes to gain a
higher rate of return.
Mortgage
A secured loan on a parcel of real estate.
Non-Guaranteed
An agreement in which the funeral home promises to apply the amount
of pre-paid money plus any accruals to the balance due, though the
price of the funeral service will be based upon the current price at
the time of death.
Nuncupative Will
Oral will declared or dictated by testator during last illness before
appropriate witnesses to dispose of personal property and afterwards
reduced to writing.
Per Capita
The method of dividing an estate by which an equal share is given to
each of a number of persons, all of who stand in equal degree in the decedent.
Per stirpes
The method of proportionately diving an estate between beneficiaries
according to their deceased ancestor's share.
Personal property
Property that is movable but not including crops or other resources
still attached to land; property other than real property.
Personal representative
Person who represents and settles the estate of deceased people.
Pre-Arranged
Funeral arrangements made in advance of need that do not include
provisions for funding or prepayment.
Pre-funded funeral contract
Funeral arrangements made in advance of need that include provisions
for funding or prepayment.
Pre-need
Any funeral arrangements planned in advance of need whether or not
they include pre-payment. Generally divided into pre-arranged and pre-funded.
Probate
The process of preserving the estate, determining the validity of a
will and distributing the estate to the proper heirs.
Probate court
A court having jurisdiction over estates.
Real property
Property consisting of land, buildings, crops, or other resources
still attached to or within the land or improvements or fixtures
permanently attached to the land or a structure on it.
Revocable
Agreement which may be terminated by the purchaser at any time prior
to the death of the beneficiary with a refund of the monies paid on
the contract as prescribed by state law.
Revocation
The omission or cancellation of an instrument, act, license, or promise.
Secured claim
A debt which is supported by a pledge, mortgage, or lien on assets
belonging to the debtor.
Severally (separately) liable
Each person signing a contract is responsible for the entire
contract. If there are 4 persons signing, 1 person may be required to
pay the entire bill if the other 3 choose not to pay.
Soldier's and Sailor's Will
A nuncupative will, informal in nature, in which a soldier in the
field or sailor at sea may dispose of personal property only.
Solvent
An estate in which the assets exceed the liabilities.
Spousal Election
...
Testate
The condition of leaving a will at death.
Testator (testatrix)
A man (woman) who makes a valid will.
Trust
Account established by one individual to be held for the benefit of
another (as a method of payment of funeral expenses); creates a
fiduciary responsibility. Money paid to a funeral home for future
services is placed in an account with the funeral home as trustee for
the benefit of another.
Trustee
One who holds title to property or another position of trust to a
beneficiary; in funeral arrangements, the person who has right to
control funeral does so on behalf of all survivors.
Uniform Probate Code
A model law intended to achieve uniformity in probate proceedings
throughout the US.
Unsecured claim
A claim which is not supported by a pledge, mortgage, or lien on
other assets.
Will
An instrument executed with required formality, by a person making
disposition of their property to take effect upon their death.
Interstate
Between two or more states.
Intrastate
Within a state.
Acquired immunodeficiency syndrome (AIDS)
A specific group of diseases or conditions which are indicative of
severe immunosuppression related to infection with the human
immunodeficiency virus (HIV); persons dead having had AIDS may exhibit
conditions such as wasting syndrome, extrapulmonary tuberculosis, and
Kaposi's sarcoma.
Action level/AL (exposure limits)
This is established to ensure adequate protection of employees at
exposures below the OSHA limits and to minimize the compliance burdens
for employers whose employees have exposures below the 8 hour
permissible exposure limit (PEL). The action level for formaldehyde is
0.5 ppm.
Biohazard
Biological agent or condition that constitutes a hazard to humans.
Biohazardous waste (Infectious waste)
Bloodborne pathogens, blood or body fluids exposure, any potentially
infective, contaminated waste associated with the preparation of human
remains that constitutes a hazard to humans in the workplace.
Bloodborne Pathogen Standard
OSHA REGULATION (29 CFR 1910.1030) regulating the
employee's exposure to blood and other body fluids. OSHA DEFINITIONS:
Blood, human blood, human blood components, and products made from
human blood.
Bloodborne pathogens
Pathogenic microorganism that is present in human blood and can cause
disease in humans.
Carcinogen
A cancer-causing chemical or material.
Communicable disease
Disease that may be transmitted either directly or indirectly between
individuals by an infectious agent.
Contaminated
The presence or the reasonably anticipated presence of blood or other
potentially infectious materialson an item or surface.
Contaminated laundry
Laundry which has been solid with blood or other potentially
infectious materials or may contain sharps.
Contaminated sharps
Any contaminated object that can penetrate the skin including, but
not limited to, needles, scalpels, broken glass, and exposed ends of wires.
Drench shower
OSHA-required safety device for a release of a copious amount of
water in a short time.
Employee exposure record
A record that contains the following kinds of information:
environmental (workplace) monitoring of a toxic substance or harmful
physical agent; biological monitoring results which directly assess
the absorption of a toxic substance by body systems; safety data
sheets (SDS) indicating that the material may pose a hazard to human
health; a chemical inventory which reveals where and when used and the
identity of a toxic substance or harmful physical agent.
Employee medical record
A record concerning the health status of an employee which is made or
maintained by a physician, nurse, or other health care personnel, or
technician; may include medical/employement questionnaires, results of
medical exams and lab tests, medical opinions/diagnoses, first aid
records, descriptions of treatments and prescriptions, employee
medical complaints.
Engineering controls
Mechanical systems and devices designed to isolate or remove hazards
from the workplace; e.g. sharps disposal container, self-sheathing
needles, ventilation system (to remove formaldehyde fumes)
Exposure incident
A specific eye, mouth, other mucous membrane, non-intact skin, or
parenteral contact with blood or other potentially infectious
materials (OPIM) that results from the performance of an employee's duties.
Eyewash station
OSHA required emergency safety device providing a steady stream of
water for flushing the eye.
Formaldehyde Standard
OSHA REGULATION (29 CFR 1910.1048) limiting the
amount of occupational exposure to formaldehyde gas.
Globally Harmonized System (GHS)
GHS is a system for standardizing and harmonizing the classification
and labeling of chemicals.
Hazard Communication Standard
OSHA REGULATION (29 CFR 1910.1200) that deals with
identifying and limiting occupational exposure to hazardous substances
(e.g. chemicals); aka the "Right To Know" Act
Hazard statement
Standard phrases found on an SDS that are assigned to a hazard class
and category describimg the nature of the hazard; e.g.
"flammable, harmful if swallowed
Hazardous material
An agent or material exposing one to risk.
Hepatitis
Inflammation of the liver. It may be caused by a variety of agents,
including viral infections, bacterial invasion, and physical or
chemical agents. It is usually accompanied by fever, jaundice, and an
enlarged liver.
Hepatitis B Virus (HBV)
A severe infectious blood borne virus.
Human Immunodeficiency Virus (HIV)
A type of retrovirus that causes acquired immunodeficiency syndrome (AIDS).
Infectious disease
Disease caused by the growth of a pathogenic microorganism in the body.
National Institute for Occupational Safety & Health (NIOSH)
Governmental agency that tests and certifies respiratory protective
devices and air sampling detector tubes, recommends occupational
expsoure limits for various substances, and assists OSHA in
occupational safety and health investigations and research.
Occupational exposure
Reasonably anticipated skin, eye, mucous membrane, or parenteral,
contact with blood or other potentially infectious materials that may
result from the performance of an employee's duties.
Occupational Safety and Health Administration (OSHA)
Governmental agency with the responsibility for regulatory and
enforcement of safety and health matters for most United States employees
OPIM
Acronym for Other Potentially Infectious Material.
Parenteral
Piercing of the mucous membranes or the skin barrier; most commonly
occurs via needle stick.
Parts per million (PPM)
In contaminated air, the parts of vapor or gas (formaldehyde) per
million parts of air by volume; in solution the parts of chemical per
million parts of solution.
Permissible exposure limit (PEL)
The maximum legal limits established by OSHA for regulated
substances. These are based on employee exposures that are
time-weighted over an 8-hour work shift. When these limits are
exceeded, employers must take proper steps to reduce employee
exposure. For formaldehyde, the PEL is 0.75 ppm.
Personal protective equipment (PPE)
Those items of protection worn to minimize exposure to hazards; those
items worn by the embalmer to avoid contact with blood and other body fluids.
Pictogram
Graphic symbols used to communicate specific information about the
hazards of a chemical; a labeling element of the GHS.
Precautionary statement
The portion of an SDS that supplements the hazard statement by
briefly providing measures to be taken (e.g. first aid) to minimize or
prevent adverse effects from physical, health, or environmental hazards.
Safety Data Sheet (SDS)
OSHA-required form under the Hazard Communication Standard that must
accompany a hazardous product.
Sharps
Hypodermic needles, suture needles, injector needles, scalpel blades,
razor blades, pins and other items sharp enough to cause percutaneous injury.
Sharps container
OSHA-required puncture-resistant, leak-proof receptacle for proper
disposal of sharps.
Short term exposure limit (STEL)
Legal limits established by OSHA to which workers can be exposed
continuously for a short period of time without damage or injury; STEL
for formaldehyde is 2 ppm.
Signal word
An element of the GHS labeling system used to indicate the relative
level of severity of hazard; there are only two signal words:
Danger and Warning -
"Danger" is for more severe hazards and "Warning"
is for less severe hazards.
Time-weighted average (TWA)
An evaluation of HCHO exposure that is time-weighted over an 8-hour period.
Universal precuations
An approach to infection control in which ALL
human blood and certain human body fluids are treated as if
known to be infectious.
Work practice controls
Procedures that reduce the likelihood of exposure by altering the
manner in which a task is performed; e.g. prohibiting recapping of
needles or keeping the lid on the embalming machine during use to
reduce the amount of HCHO fumes escaping into the air.
Alternative container
An unfinished wood box or other non-metal receptacle or enclosure,
without ornamentation or a fixed interior lining, which is, designed
for the encasement of human remains and which is made of fiberboard,
pressed-wood, composition materials (with or without an outside
covering) or like materials.
Alternative price lists
Price lists which may be prepared for use in certain limited
situations such as children/infants, for government agencies to
provide for indigent persons, for agreements with religious groups,
burial or memorial societies for members of their group.
Cash advance items
Any item of service or merchandise described to a purchaser as a
"cash advance," "accommodation," "cash
disbursement," or similar term. A cash advance item is also any
item obtained from a third party and paid for by the funeral provider
on the purchaser's behalf. Cash advance items may include, but are not
limited to: cemetery or crematory services; pallbearers; public
transportation; clergy honoria; flowers; musicians or singers; nurses;
obituary notices; gratuities; and death certificates.
Casket
A rigid container which is deigned for the encasement of human
remains and which is usually constructed of wood, metal, fiberglass,
plastic, or like material, and ornamented and lined with fabric. (FTC definition.)
Casket handlin fee
Charge, fee or surcharge applied to consumers who purchase their
casket elsewhere (from a source other than the price list/funeral provider).
Casket Price List (CPL)
A printed or typewritten list of the casket and alternative
containers normally offered for sale by the funeral provider which do
not require special ordering. CPL must include retail price and enough
descriptive information to enable consumers to identify the merchandise.
Commission
The Federal Trade Commission.
Direct cremation
A disposition of human remains by cremation, without formal viewing,
visitation, or ceremony with the body present.
Effective date
Data that the specific Price List was put into use.
Exigent circumstances
Situation requiring immediate action or urgency: when exigent
circumstances exist the funeral provider might embalm without permission.
Federal Trade Commission (FTC)
An agency of federal government created in 1914 to promote free and
fair competition by prevention of trade restraints, price fixing,
false advertising, and other unfair methods of competition.
Forwarding of remains
One of the categories required to be itemized on the GPL (if the
funeral provider offers the service). This involves services of the
funeral provider in the locale where death occurs and preparation for
transfer to another funeral provider as selected by the family
(consumer). Funeral Rule requires package pricing of this service with
a description of the components included.
Free items
None of the 16 items required by the rule to be separately itemized
on the GPL can be listed as free or no charge. Items not required by
the rule can be listed as free or no charge. Items not required by the
rule can be listed as free.
Funeral ceremony
A service commemorating the deceased with the body present.
Funeral goods
A service commemorating the deceased with the body present.
Funeral provider
Any person, partnership or corporation that sells or offers to sell
funeral goods and funeral services.
Funeral services
Any services which may be used to: (1) care for and prepare deceased
human bodies for burial, cremation or other final disposition; and (2)
arrange, supervise or conduct the funeral ceremony or the final
disposition of deceased human bodies.
Graveside service
Ceremony commemorating the deceased at place of final disposition.
Immediate burial
A disposition of human remains by burial, without formal viewing,
visitation, or ceremony with the body present, except for a graveside service.
Itemization
The method of price quotation by which each unit of service and/or
merchandise is priced separately.
Mandatory disclosures
Statements required by the FTC rule which cannot be modified or
edited and must appear in a clear and conspicuous manner.
Memorial service
A ceremony commemorating the deceased without the body present.
Non-declinable service fee
Basic services is the only fee which the consumer cannot decline
(unless state or local law requires otherwise). Funeral Provider
should recover expenses for services, facilities or unallocated
overhead in this charge.
Outer burial container
Any container which is designed for placement in the grave around the
casket including, but not limited to, container commonly known as
burial vaults, grave boxes, and grave liners.
Outer Burial Container Price List (OBCPL)
Printed or typewritten list of outer burial containers normally
offered for sale by the funeral provider which do not require special
ordering. OBC PL must include retail price and enough descriptive
information to enable consumers to identify the merchandise.
Package funerals
Use of a single dollar amount to identify the charge for a group or
bundle of goods and/or services.
Receiving remains
One of the categories required to be itemized on the GPL (if the
funeral provider offers the service). This involves services of the
funeral provider after initial services have been provided by another
firm at the locale of death. Funeral Rule requires package pricing of
this service with a description of the components included.
Services of Funeral Director and Staff
The basic services, not to be included in prices of other categories
in Section 453.2(b)(4), that are furnished by a funeral provider in
arranging any funeral, such as conducting the arrangements conference,
planning the funeral, obtaining necessary permits, and placing
obituary notices.
Telephone price disclosure
Funeral provider must give consumers who call accurate information
from the price lists and answer questions about offerings and prices
with readily available information.
Triggering event
The occurrence of situation that requires certain action i.e., the
triggering event for giving out the GPL is face-to-face meeting.
Tying arrangements
Exists when a seller requires the purchase of unwanted items/services
in order to obtain the desired item/service.