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SC Funeral Board Law Exam:
Cremation Authorizations &
Procedures 2024-2025.
Questions & Correct Answers.
Graded A+
"Agent" or "decedent's agent" - ANSmeans a person legally entitled under this chapter to order the cremation and final disposition of specific human remains. "Board" - ANSmeans the South Carolina State Board of Funeral Service. "Body parts" - ANSmeans limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or a portion of bodies that have been donated to science for medical research purposes. "Burial transit permit" - ANSmeans a permit for disposition of a dead human body as required by law. "Casket" - ANSmeans a rigid container that is designed for the encasement of human remains. "Change of ownership" - ANSmeans a transfer of more than fifty percent of the stock or assets of a crematory authority. "Cremated remains" - ANSmeans all human remains recovered after the completion of a cremation. "Cremation casket" - ANSmeans a rigid wooden, corrugated, fiberboard, or "Cremation certificate" - ANSmeans a document certifying that
a decedent has been cremated and which includes the name of the decedent, the identification number, the date of cremation, the name, address, and phone number of the crematory, and the signature of the crematory authority. "Cremation chamber"
- ANSmeans the enclosed space within which the cremation takes place. "Cremation interment container" - ANSmeans a rigid outer container composed of concrete, steel, bronze, fiberglass or some similar material in which an urn is placed before being interred in the ground and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn. "Cremation room" - ANSmeans the room in which a cremation chamber is located. "Cremation" - ANSmeans the technical process using heat and flame that reduces human remains to bone fragments and which may include the pulverization of the bone fragments. "Crematory authority" - ANSmeans the legal entity or the authorized representative of the legal entity which is licensed by the South Carolina Funeral Service Board to operate a crematory or a licensed funeral director who performs cremations. "Crematory" - ANSmeans the building or portion of a building that houses the cremation room or the holding facility, or both. "Department" - ANSmeans the South Carolina Department of Health and Environmental Control. "Final disposition" - ANSmeans the burial, cremation, entombment or other
or mechanical means. "Scattering area" - ANSmeans an area which may be designated by a cemetery and located on dedicated cemetery property where cremated remains, which have been removed from their container, may be mixed with or placed on top of the soil or ground cover. A _____ for cremation arranged with a licensed funeral establishment and crematory authority shall specify the final disposition of the cremated remains in accordance with Section 32-8-345. If no different or inconsistent instructions are provided to the funeral establishment or the crematory authority by the agent at the time of death, the crematory authority shall release or dispose of the cremated remains as indicated in the preneed agreement. - ANSPreneed authorization A crematory authority and funeral establishment may require a decedent's agent to purchase an _____ to contain the human remains before cremation but may NOT require the agent to purchase a casket before cremation for viewing or the actual cremation. - ANSalternative container A crematory authority is not liable for damages arising from cremating the human remains designated by a cremation authorization form if the form complies with Section _____ and if the cremation is performed in accordance with this chapter. - ANSSection 32-8-325 A crematory authority is not liable for damages resulting from refusing to accept or cremate human remains or refusing to release or dispose of
cremated remains if the authority is _____ or if the authority has a reasonable basis for questioning a statement or representation made by the decedent's agent. - ANSaware of a dispute concerning the remains A crematory authority is not responsible or liable for valuables delivered with the human remains unless the crematory authority has received _____ in accordance with Section 32-8-325(A)(2)(j). - ANSwritten instructions A crematory authority may not _____ represent to a decedent's agent that a temporary container or an urn contains the cremated remains of a specific decedent when it does not. - ANSknowingly A crematory authority may not remove dental gold, body parts, organs, or any item of value before a cremation without previously having received specific _____ from the decedent's agent and written instructions on the delivery of these items to the agent. - ANSwritten authorization A crematory authority shall maintain an identification system that ensures identification of the human remains while in the authority's possession throughout _____ phases of the cremation process. - ANSall A crematory authority shall maintain at its place of business a permanent record of each cremation that took place at its facility. The record shall contain the _____. - ANSname of the decedent the date of the cremation and the final disposition of the cremated remains, if known. A crematory authority shall not cremate
the right to authorize the cremation of the decedent, as provided for in Section 32-8-320 and that the agent is not aware of a person who has a superior priority right to that of the agent or is not aware of a person of equal priority who disagrees with authorizing the cremation;(f) authorization from the agent and the funeral director or funeral establishment for the crematory authority to perform the cremation; (g) a statement that, to the best of the agent's knowledge, the human remains do not contain a pacemaker or any other material or implant that may be hazardous or cause damage to the cremation chamber or the person performing the cremation; (h) the name of the agent or funeral establishment authorized to receive the cremated remains; (i) the method by which disposition of the cremated remains is to take place, if known. If the authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, the form may indicate that the cremated remains are to be held by the crematory authority for thirty days before they are released, unless they are picked up by or shipped to the agent or funeral establishment before that time. At the end of thirty days, if fin A crematory authority shall not cremate human remains until it has received all of the following: - ANS(3) Completed and executed burial transit permit in accordance with Regulation 61-19, Section 23. (4) A cremation permit obtained in
accordance with Section 17-5-600 or Section 17-5-610. A crematory is required to have in its employ at least _____ who has been trained in performing cremations by the licensed crematory authority who is his employer, by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation of the board. Upon meeting the above requirements, this individual is considered to be sufficiently trained for purposes of this chapter. - ANSone individual A crematory may be constructed on the grounds of a funeral establishment and must be in compliance with _____. - ANSlocal zoning regulations. A funeral establishment or crematory authority in possession of remains cremated before_____, may dispose of them in accordance with this section. - ANSJuly 1, 1994 A person may _____ execute an authorization to cremate if a person in a _____ class is reasonably available to "make or object" to the execution of the authorization to cremate the decedent. - ANSNot Prior A person may authorize his or her own cremation and the final disposition of his or her cremated remains by executing a _____. A person has the right to revoke this authorization at any time by providing written notice to the funeral establishment which assisted the person in making these arrangements and the crematory authority designated to perform the cremation. - ANScremation authorization form
the cremation. - ANSpersonally and individually liable An alternative container or cremation casket must be: - ANS(a) composed of readily combustible materials suitable for cremation; (b) resistant to leakage or spillage; (c) rigid enough for handling with ease; (d) able to provide protection for the health, safety, and personal integrity of crematory personnel. At the time of death of a person who had executed a cremation authorization form, the person in _____ of the executed form and the person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of the executed form shall ensure that the decedent is cremated and that the final instructions contained on the authorization form are carried out. The _____ is required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form if the crematory authority has a completed authorization form, all permits, and certificates required by law, and the designated human remains. - ANSPossession. Crematory Authority. Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in a scattering area, or in any manner on the private property of a consenting owner. If cremated remains are disposed of on public lands or water, all _____ apply. - ANSstate and federal laws Except with the express written
permission of the decedent's agent, no person may: (1) dispose of cremated remains in a manner or in a location so that the cremated remains are _____. This does not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for the purpose of disposing of cremated remains; (2) place cremated remains of more than one person in the same temporary container or urn. - ANScommingled with those of another For purposes of this section, "alternative container" means a receptacle other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be: - ANS(a) composed of readily combustible materials suitable for cremation; (b) resistant to leakage or spillage; (c) rigid enough for handling with ease; (d) able to provide protection for the health, safety, and personal integrity of crematory personnel. Human remains may not be cremated before _____ hours have elapsed from the time of death as indicated on the attending physician's, medical examiner's, coroner's certificate of death, or an abstract of information from a filed death certificate available on the electronic vital records system. - ANStwenty-four If a crematory authority is unable or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory
good faith, rely on a _____ executed at the funeral home handling the funeral arrangements. - ANScremation authorization document If a person who may serve as a decedent's agent pursuant to Section 32-8-320 is not available in person to execute a cremation authorization form, the person shall send the funeral establishment a ______ that contains the person's signature, name, address, phone number, and relationship to the decedent. Upon receipt of the transmission, this person is authorized to serve as the decedent's agent. - ANSnotarized facsimile transmission If after a period of _____ from the date of cremation the decedent's agent has not instructed the funeral establishment or crematory authority to arrange for final disposition of the cremated remains or claimed the cremated remains, the funeral establishment or crematory authority may dispose of the cremated remains in any manner permitted by this section. The funeral establishment or crematory authority shall keep a permanent record identifying the site of _____. The agent is responsible for reimbursing all expenses incurred in disposing of the cremated remains. Upon disposing the cremated remains, the funeral establishment or crematory authority is discharged from any legal obligation or liability concerning the cremated remains. - ANSsixty days. final disposition. If all of the recovered cremated remains do NOT fit within the receptacle
that has been selected, the remainder of the cremated remains must be returned in a separate container to the decedent's agent. The crematory authority may not return to an agent _____ cremated remains than were removed from the cremation chamber. - ANSmore or less If there is more than one member of a class listed in subsection (A)(1), (3), (4), (5), (6), (7), or (9) entitled to authorize the cremation of the decedent, the authorization to cremate may be made by a member of the class unless the member knows of an objection by another member within the class. If an objection is known, the authorization to cremate only may be made by a _____ of the members of the class who are reasonably available. - ANSMajority In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation: - ANS(1) a person serving as executor or legal representative of the decedent's estate; (2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State; or (3) the adult who exhibited special care and concern for the decedent. No cemetery is liable for cremated remains that are dumped, scattered, or otherwise deposited on the cemetery in
authorization form subsequent to the death of the person who executed the form and the instructions for cremation and disposition of the cremated remains must be complied with UNLESS full payment for the cremation and disposition of the remains has not been _____. - ANSreceived or guaranteed. Only a _____ crematory may perform cremations of human remains in this State and only a licensed funeral director or a funeral establishment may sell _____ and at-need merchandise. - ANSlicensed. preneed. Persons who may serve as a decedent's agent; authorize cremation. In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent: - ANS(1) the person designated as agent for this purpose by the decedent in a will or other verified and attested document, or a person named in the decedent's United States Department of Defense Record of Emergency Data Form (DD Form 93), or its successor form, if the decedent died while serving in any branch of the United States Armed Services, as defined in 10 U.S.C. Section 1481, and there is no known designation in a will or other verified and attested document of the decedent; (2) the spouse of the decedent, unless the spouse and the decedent are separated pursuant to one of the following: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal
signing of a written property or marital settlement agreement; (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the spouse and the decedent; (3) the decedent's surviving adult children; (4) the decedent's surviving parents; (5) adult siblings of the decedent; (6) the adult grandchildren of the decedent; (7) the grandparents of the decedent; (8) the person appointed by the probate court as the guardian; and (9) any other person authorized or under obligation by law to dispose of the body. The _____ shall promulgate regulations to carry out the provisions of this chapter including, but not limited to, the regulation of crematories whether or not constructed on the grounds of a funeral establishment. - ANSSouth Carolina State Board of Funeral Service The _____ shall retain in its permanent records the signature and name of the representative of a funeral establishment OR the signature and name of the decedent's agent who received the cremated remains. It must show the name of the deceased, the date and time of the release, and the _____ of the crematory authority who released the cremated remains. If the release was to the United States Post Office, the crematory authority shall retain the _____. - ANScrematory authority. name of the representative. return receipt requested card. The agent or a
human remains to the crematory authority a _____ as prescribed by the board signed by the crematory authority or representative and the person who delivers the human remains. It MUST show the name of the decedent, the date and time of delivery, type casket or alternative container that was delivered, name of the person from whom the human remains were received, and the funeral establishment with whom the person is affiliated, and the name of the person who received the human remains on behalf of the crematory authority. - ANSreceipt The crematory authority shall maintain for _____ years a record of all cremated remains disposed of by the crematory authority. - ANSTen True/False: If it is known that the decedent had an infectious or dangerous disease and if the time requirement is waived in writing by the attending physician, medical examiner, or coroner in the county in which the death occurred, the remains may be cremated before twenty-four hours have elapsed. - ANStrue True/False: No crematory authority which cremated, released, or disposed of human remains is liable if the authority acted in accordance with chapter unless the crematory authority's actions were grossly negligent. - ANSTrue True/False: A crematory authority may not profit from taking or assisting in removal of valuables. - ANSTrue Upon completion of the cremation process, if the crematory authority has not been instructed to arrange for the
mailing, interment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver in person or mail the cremated remains accompanied by the cremation certificate to the ______ specified on the cremation authorization form. If no designee is specified, the cremated remains must be delivered in person or mailed to the decedent's agent. - ANSdesignee Upon completion of the cremation, the crematory authority shall file the _____ in accordance with department regulations. - ANSburial transit permit Upon the completion of a cremation, and insofar as is commercially reasonable, the cremated remains and foreign matter of the cremation process must be removed from the cremation chamber and devices used to process cremated remains. _____ must be disposed of as indicated on the authorization form signed by the decedent's agent and particulates and ambient dust must be governed by the department. - ANSForeign matter
