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Maryland Jurisprudence Practice study guide 2|| 155 Questions|| correct Answers|, Exams of Law

True or False: In general, the Board shall determine the qualifications necessary for an individual to lawfully engage in the practice of mortuary science or funeral direction and to operate a funeral establishment within the state. - ANSWER True True or False: Except as otherwise provided in Health Occupations Article Title 7, to qualify for a mortician or funeral director license, an applicant shall be an individual who meets the requirements of this section. - ANSWER True

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Maryland Jurisprudence

Practice study guide 2|| 155

Questions|| correct Answers|

True or False: In general, the Board shall determine the qualifications necessary for an individual to lawfully engage in the practice of mortuary science or funeral direction and to operate a funeral establishment within the state. - ANSWER True True or False: Except as otherwise provided in Health Occupations Article Title 7, to qualify for a mortician or funeral director license, an applicant shall be an individual who meets the requirements of this section. - ANSWER True The Board shall examne all applications for licensure for the practice of mortuary science or funeral direction and shall issue the mortician or funeral director license to an individual who: - ANSWER has completed not less than 1 year and not more than 4 years of licensed apprenticeship, unless the Board allowed extensions for additional 1-year terms. True or False: An individual with a Funeral Director's license may practice embalming. - ANSWER False True or False: The Board shall advise each applicant that a license issued under qualifications does not guaruntee that the applicant will be allowed to practice in any other state. - ANSWER True An applicant who otherwise qualifies for a mortician or funeral director license is entitled to be examined: - ANSWER 1) Holds an apprentice license or has completed the apprenticeship requirements. True or False: The Board has the Right to examination and shall give examinations to applicants twice each year, at the times and places that the Board determines and shall notify each qualified applicant of the time and place of examination. - ANSWER True

The written part of the exam that the Board shall give to applicants twice each year, at the times and places the Board determines are: - ANSWER 1) The general local laws of this State on the practice of mortuary science and the laws and regulations on infectious disease. The practical part of the exam that the Board shall give to applicants twice each year, at the times and places the Board determines are: - ANSWER providing a dead human body and be in the presence of at least one third of the licensed members of the Board, each applicant shall demonstrate the applicant's knowledge and skill in the preparation of dead human remains for final disposition. On termination of the sponsor-apprentice relationship, both the sponsor and the apprentice shall independently notify the Board in writing of; - ANSWER Date of termination The practical experience of an apprentice shall include participation in ______ funerals. - ANSWER 20 The practical experience of an apprentice shall include participation in: - ANSWER the preparation and embalming of at least 20 dead human bodies for final disposition. The Board shall issue a surviving spouse license to an applicant if the applicant: - ANSWER submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee and the application required by the Board and pays a fee set by the Board. True or False: Within 6 months of the issuance of the surviving spouse license, the applicant must take the written MD State law examination administered by the Board. - ANSWER True How many times does a surviving spouse have to pass the MD State law exam before it becomes null and void? - ANSWER two True or False: An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection. - ANSWER True True or False: A personal representative of a deceased mortician's or funeral director's estate shall be licensed by the Board before continuing operation of the mortuary science business. - ANSWER True

The Board shall issue an executor license to an applicant if the applicant: - ANSWER Is appointed personal representative of a deceased mortician's, funeral director's or surviving spouse's estate in accordance with the requirements established in Title 5 of the Estates and Trusts Article. The Board shall issue an executor license to an applicant if the applicant: - ANSWER within 14 days after the death of the licensed mortician, funeral director or surviving spouse submits to the board the name of a licensed funeral director or mortician who has agreed to apply for a pre-need trustee license. They also must pay a set fee to the board. While an executor license is effective, it authorizes the licensee to: - ANSWER 1) Continue operation of the mortuary science business that had been operated and wholly or partly owned by the deceased mortician or funeral director.

  1. Assist with the planning and conducting of funeral services for that mortuary science business. The Board may issue a license after selling a mortuary science business if: - ANSWER 1) The business is operated under the direct supervision of a licensed mortician or funeral director.
  2. The embalming services are provided by a licensed mortician. The term of an executor license may not be more than: - ANSWER 12 months An executor license may be renewed for how many additional _______________ period if a buyer of the funeral establishment has been identified and has entered into a sales contract, but the sale of the funeral establishment has not been completed. - ANSWER 3 month An executor license may be renewed for an additional 3 month period if: - ANSWER A pre-need account audit has not been completed and evidence is presented to the Board that failure to complete the audit is due to circumstances beyond the control of the funeral establishment or the Board determines that a renewal is needed due to unforseen circumstances. True or False: A personal representative who wishes to continue operation of a mortuary science business upon expiration of the executor license must qualify and be licensed as a mortician or a funeral director, or be the holder of a surviving spouse or corporation license. - ANSWER True

The Board shall issue a ________________________________ license to an applicant if the applicant applies to the Board on an application provided by the Board, has been actively licensed in good standing by the Board for a minimum of ____ years while working in a facility that has accepted pre- need contracts and who can provide proof the Board that these services have been provided by the applicant. - ANSWER pre-need trustee, 5 The Board shall issue a pre-need license to an applicant if the applicant: - ANSWER Has been appointed as a pre-need trustee by the holder of an executor license issued under the pre-need trustee license subtitle, is in good moral character and pays the required fee. True or False: While a pre-need trustee license is effective, the license authorizes the license holder to manage pre-need accounts held by a funeral establishment until the closing or sale of the funeral establishment. - ANSWER True A pre-need trustee license is vailid from: - ANSWER the date of issuance until the date of expiration of the license of the executor who appointed the license holder as a pre-need trustee. True or False: The holder of a pre-need trustee license may be the supervising mortician in a funeral establishment. - ANSWER True ____________________________________________ applies to a funeral establishment owned by a funeral director, mortician or surviving spouse who was the single owner and sole licensee of a funeral establishment. - ANSWER Application of section Within 7 days after the death of the single owner and sole licensee of a funeral establishment, the supervising mortician shall: - ANSWER Place an obituary for the deceased single owner and sole licensee in the death notices section of the newspaper with general circulation in the area of the funeral establishment. Within 7 days after the death of the single owner and sole licensee of a funeral establishment, the supervising mortician shall: - ANSWER Place a notice to the public of the death of the single owner and sole licensee on any web site maintained by the funeral establishment. Within ____________ days after the death of a single owner of a funeral establishment, the pre-need trustee licensed under "Death of single owner and sole licensee of funeral establishment" section shall

send a letter to all pre-need contract holders who have funds in trust with or an insurance product assigned to the funeral establishment stating the options. - ANSWER 90 The letter required to be sent to pre-need contract holders after the death of the single owner passes away shall be returned within______ days after receipt and shall include the full signature of the pre- need contract holder next to the option chosen from those available. - ANSWER 5 True or False: If an applicant fails the compentcy in embalmiong exam twice, the applicant may retake the examination if the applicant pays the appropriate fee. - ANSWER True If an applicant is from any other State, is the Board allowed to waive the examination and apprenticeship requirements of $ 7-313 and issue a mortician or funeral director license to an applicant who is licensed to practice mortuary science or funeral direction? - ANSWER Yes The Board may grant a waiver under the Title 7 MD Morticians and Funeral Directors act only if the applicant: - ANSWER 1) Pays the license fee required by the Board under $ 7 -303.

  1. Was a licensed mortician or funeral director in good standing in other state.
  2. Serves an apprenticeship consisting of 1,000 hours and passes the Maryland State written examination administered by the Board. The Board may grant a waiver only if the state in which the applicant is licensed: - ANSWER Grants a similar waiver to licensees of this State True or False: In the state of MD, the only acceptable sponsor would be a licensed Mortician. A Funeral Director isn't authorized to be an apprentice sponsor. - ANSWER False You must complete ______________ hours as an apprentice. - ANSWER 1, True or False: An apprentice can only have 1 sponsor. - ANSWER False When applying for license renewal, a licensed apprentice shall submit to the Board a letter from the director of the mortuary science program in which the licensed apprentice is enrolled that: - ANSWER Includes the seal of the school and verifies that the licensed apprentice is actively enrolled in the program.

In order to appear before the Board for an approval of an apprentice license, the individual shall be enrolled in or have graduated from a mortuary science program at a school accredited by the American Board of Funeral Service or approved by the Board with a ______ grade point average or higher. - ANSWER 2. Within ______ days after the death of a single owner and sole licensee of a funeral establishment, the pre-need trustee shall identify to the Board and the executor all pre-need bank trust money that has been deposited under the federal identification number of the funeral establishment or the Social Security number of the deceased single owner and sole licensee, instead of the Social Security number of the beneficiary or buyer of the pre-need contract. - ANSWER 90 True or False: The pre-need trustee shall make a claim against the estate of the deceased single owner and sole licensee of the establishment which the licensee previously owned for the money identified under the "Identification of pre-need bank trust money" section. - ANSWER True True or False: The executor shall transfer all pre-need bank trust money to the abandoned property office in the Office of the Comptroller in the proper name of the beneficiary or buyer of the pre-need contract. - ANSWER True Within _____ days of the death of a single owner of a funeral home establishment, the pre-need trustee shall send to the Board a list that includes the following three things. - ANSWER 90, the names of all funded pre-need contract holders, the amount of the funds entrusted to the funeral establishment through a bank account or insurance product and the location where the funds are currently maintained. Within 90 days after the death of the single owner of a funeral establishment, the pre-need trustee shall send to the Board a list of alls unclaimed remains including: - ANSWER 1) A copy of the filed death certificate for each cremated decedent and 2) the crematory certificate for each cremains. True or False: The Board shall work collaboratively with the State Anatomy Board to ensure proper disposition of remains. - ANSWER True The pre-need trustee shall submit to the Board a digital image on removable media or on cloud-based storage that includes: - ANSWER All signed pre-need contracts and any associated paperwork dating from the signing of the pre-need contract.

True or False: A corporation may operate a mortuary science business and the Board may issue a license to or list any corporation as licensed to operate a motuary science business. - ANSWER False The Board may renew only the license of a corporation that: - ANSWER 1) On June 1, 1945, held a license issued by this State.

  1. Has been renewed continuously since that date.
  2. Submits an application on a form required by the Board.
  3. Pays a fee set by the Board. True or False: Each application for renewal made by a corporation shall state the name and address of each officer and director of the corporation. - ANSWER True True or False: While a corporation license is effective, it authorizes a corporation to operate a mortuary science business only if any practice of mortuary science that is conducted for the corporation is practiced by a licensed individual. - ANSWER True True or False: A corporation may not operate a branch funeral establishment unless the branch funeral establishment was in operation on October 1, 1964. - ANSWER True If a corporation is sold, declares bankruptcy, or ceases to operate, written notice must be submitted to Board within ______ weeks of the occurrence, detailing the changes and the arrangements for carrying out the pre-need contracts and disbursement of the money held in escrow and: - ANSWER 2, the holders of pre-need contracts advising them of their opinions under Maryland law. True or False: A funeral establishment shall be licensed by the Board before the establishment may be used for the preparation of the remains, viewing or conducting of services. - ANSWER True True or False: The licensee may be restricted to operations as determined by the Board. - ANSWER True To apply for a funeral establishment license, an apllicant shall: - ANSWER Submit an application fee set by the Board and the fee for a funeral establishment license.

An application for a funeral establishment licensed shall be _______________________________________ who is not an apprentice but is the __________________ or _____________________________ of the establishment to be licensed. - ANSWER signed by a licensed individual, owner, co-owner The Board shall issue a funeral establishment license to a funeral establishment that has complied with all applicable State and local laws; and will be owned and operated by an individual who is or a group of individuals in which each individual is: - ANSWER 1) A licensed mortician

  1. A licensed funeral director
  2. A holder of a surviving spouse license. Owned and operated by a holder of a corporation license or operated by a holder of an executor license. The supervising mortician for a funeral establishment shall be held responsible for all activities performed on behalf of the funeral establishment with the knowledge or at the direction of the supervising mortician and - ANSWER one funeral establishment with an embalming facility and no more than three funeral establishments total that are within close enough proximity to each other to allow for oversight of each funeral establishment. The limits on the number of establishments a supervising mortician may supervise do not apply if a funeral establishment prepares for the disposition of less than ______ bodies in a calendar year. - ANSWER 75 True or False: If a supervising mortician for a funeral establishment relinquishes the supervising mortician's responsibility for any reason, the funeral establishment shall name an interim supervising mortician who shall be held responsible for all activities performed on behalf of the funeral establishment, with the knowledge or at the direction of the interim supervising mortician, until a new supervising mortician for the funeral establishment registers with the board. - ANSWER True True or False: A funeral establishment that uses a central preparation room at another funeral establishment is not required to have its own preparation room or holding room. - ANSWER True The Board may issue a courtesy card to a practitioner of mortuary science who: - ANSWER 1) Is licensed to practice mortuary science in another state.
  3. Maintains a license in good standing with that state.
  1. Files an application with the Board
  2. Pays to the Board a license fee set by the Board. What all does the courtesy card allow? - ANSWER It allows the holder of the courtesy card to make a removal of a dead human body in this State and to return the body to another state or country, to return a dead human body from another state or country to this State for final disposition, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science. Before a license expires, the licensee periodically may renew it for additional terms of the licensee: - ANSWER Submits to the Board satisfactory evidence of compliance with any continuing education requirements the Board may adopt by regulation and for the funeral establishment license, provides proof of any payment to the Board which is required. True or False: The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section. - ANSWER True Who may issue a renewal certificate during the interim between meetings of the Board? - ANSWER The secretary of the Board Before an apprentice license expires, how many additional years may the licensee renew it for? - ANSWER An additional 1 year term. An apprentice license may be renewed for an additional 1 year term only if the licensee: - ANSWER Submits to the Board a renewal application on the form that the Board requires, continues to participate in a training program and pays the Board a renewal fee set by the Board. How many times may an apprentice license be renewed? - ANSWER twice Before a courtesy card expires, the licensee may renew it for additional terms if the licensee: - ANSWER Submits to the Board a renewal application on the form that the Board requires, submits documentation to the Board that the out-of-state license is in good standing and pays to the Board a renewal fee set by the Board.

True or False: If, when the license of an individual otherwise would expire, the licensee is on active duty as a member of the armed forces but not on a career basis, the license is renewed automatically for a 1- year term without application or payment of a fee. - ANSWER True The Board shall reinstate the license of an individual who has failed to renew a mortician license or funeral director license for any reason if the individual: - ANSWER 1) Requests that the Board reinstate the license.

  1. Meets the appropriate renewal requirements of this subtitle.
  2. Pays to the Board a reinstatement fee set by the Board.
  3. Submits to the Board an affidavit stating that the individual did not practice mortuary science in this State while the license was expired.
  4. Applies to the Board for reinstatement of the license within 5 years after the license expires. True or False: The Board may not reinstate the license of a mortician or funeral director who fails to apply for reinstatement of the license within 5 years after the license expires unless the mortician or funeral director meets the terms and conditions established by the Board. - ANSWER True The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these

The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation or suspended or revoke any license if the applicant or licensee: - ANSWER All of these The Board may deny a license to an applicant for a funeral establishment license, reprimand the holder of a funeral establishment license, place the holder of a funeral establishment license on probation, or suspend or revoke a funeral establishment license if, with knowledge or at the direction of the funeral establishment: - ANSWER 1) An unlicensed individual practices mortuary science or funeral direction for or within the funeral establishment.

  1. An employee of the funeral establishment fails to comply with $ 5-513(b) and (d) of the Health-- General Article.
  2. An employee of the funeral establisment fails to comply with $ 7 -405 of this title. An action may be maintained in the name of the State or the Boards or enjoin: - ANSWER 1) The unauthorized practice of mortuary science
  3. Conduct that constitutes a ground for disciplinary action under $ 7 -315 of this subtitle. An action under this section may be brought by: The Board, The Attorney General or A State's Attorney - ANSWER Movants An action under this section shall be brought in the county where the defendant resides or engages in the practice of mortuary science. - ANSWER Venue

Proof of an actual damage or proof that a person will sustain damage if an injunction is not granted is not required for an action under this section. - ANSWER Damages Criminal prosecution for the unauthorized practice of mortuary science does not - ANSWER prohibit an action to enjoin under this section. If, after the Board brings an action under the "injunctions" section of this subtitle, the Board finds that there are grounds to place a licensee on probation or suspend or revoke a license, the Board may impose a penalty not exceeding $5,000: Instead of suspending or revoking a license; or in addition to placing the licensee on probation or suspending or revoking the license. - ANSWER NOTE The Board shall pay any penalty collected under this section into the: - ANSWER General Fund of the State Unless the Board agrees to accept the surrender of a license while the licensee is under investigation or while charges are pending against the licensee, a licensee may not: - ANSWER 1) Surrender the license

  1. Allow the license to lapse by operation of the law. True or False: The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender under the license. - ANSWER True True or False: Except as otherwise provided in the Administration Procedure Act, before the Board takes any action, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. - ANSWER True The Board shall give notice and hold the hearing in accordance with the - ANSWER Administration Procedure Act True or False: The person may be represented at the hearing by counsel. - ANSWER True

True or False: Over the signature of an officer or administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any audit or investigation and any hearings or proceedings before it. - ANSWER True True or False: If, without lawful excuse, a person disobeys a subpeona from the Bard or an order by the Board to take an oath or testify or answer a question, then, on petition of the Board, a court of competent jurisdiction shall compel compliance with the subpoena and may punish the person as for contempt of court. - ANSWER True True or False: If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. - ANSWER True If after a hearing an individual is found in violation, the individual shall: - ANSWER pay the hearing costs. True or False: If the Board orders the suspension of a license, the Board shall notify the licensee of the suspension within 48 hours after the Board makes the determination to order the suspension. - ANSWER True True or False: For an action against any health care professional, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. - ANSWER True True or False: Any health care professional aggrieved by a final decision of the Board may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. - ANSWER True Stay pending review- If a person notes an appeal from an order of suspension or revocation by the Board, the order - ANSWER is stayed. The Board shall place a licensee on inactive status if the licensee submits to the Board: - ANSWER 1) an application for inactive status on the form required by the Board.

  1. Pays the inactive status fee set by the Board.

A licensee on inactive status may reactivate the license when? - ANSWER At any time if the licensee complies with the continuing education requirements in effect for the year in which the licensee seeks to reactivate the license. Has not practiced mortuary science in the State while on an inactive status and pays the reactivation fee set by the board. The licensee shall take and pass the Maryland Morticians Law Exam administered by the Board if a license is inactive for more than _______ years. - ANSWER 5 True or False: Two or more licensed morticians or funeral directors may practice mortuary science as a partnership. - ANSWER True What does the courtesy card not allow? - ANSWER It does not allow the holder of the courtesy card to operate a funeral establishment, make funeral arrangements or conduct funerals in this State. True or False: A courtesy card issued by the Board are not transferable. - ANSWER True True or False: Any person who obtains a burial-transit permit is exempt from any requirement of Burial transit permits to be under the direction of a licensed mortician or licensed funeral director. - ANSWER True The Board shall issue the appropriate license to an applicant who - ANSWER meets the requirements of the Issuance and renewal of license title. The Board shall include on each license and renewal certificate that the Board issues; - ANSWER 1) The signature of the secretary of the Board

  1. The seal of the Board
  2. A designation of the kind of license
  3. If it is a corporation license, the name and address of each director and each officer. True or False: An issuance and renewal of a license by the Board is not transferable. - ANSWER True A licensed issued under this title expires on the date set by the Board, unless the license is renewed for an additional term. A license may not be renewed for a term longer than _____ years. - ANSWER 2

At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first-class mail to the last known electronic or physical address of the licensee, a renewal notice that states: - ANSWER The date on which the current license expires. The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires and the amount of the renewal fee. Before a license expires, the licensee periodically may renew it for additional terms of the licensee: - ANSWER Has met the qualifications for licensure and is not under a suspension or revocation order of the Board except as otherwise provided under this title, pays to the Board a renewal fee set by the Board. Submits to the Board a renewal application on the form that it requires. True or False: A partnership shall be conducted under the names of all the partners. - ANSWER True Before practicing as a partnership, the licensees shall: - ANSWER Notify the Board that they will be practicing as a partnership and submit to the Board the name and address of each partner. True or False: One or more licensed morticians or funeral directors may practice mortuary science as a professional association. - ANSWER True A professional association shall be conducted under the name authorized by the - ANSWER Department of Assessments and Taxation Applications- Before practicing as a professional association, the licensee shall: - ANSWER 1) Notify the Board

  1. Submit to the Board the name and address of each member of the professional association. The Board may establish a school to: - ANSWER 1) Teach mortuary science and gather and give information on Sanitation, Preservation of dead human bodies and Disinfection of dead human bodies, living areas, clothing and bedding when death results from infectious disease. The Board may adopt rules and regulations for: - ANSWER 1) The conduct of the school
  2. Payment of tuition fees
  1. Admission of students
  2. Issuance of diplomas The cost of operating the school shall be derived from: - ANSWER 1) Tuition fees
  3. License examination fees
  4. License fees
  5. Renewal Fees At the time a licensee makes funeral arrangements, the licensee shall give to the individual who requested the funeral arrangements a contract that includes: - ANSWER All of these True or False: The contract at funeral arrangements given to the client shall be in duplicate and contain signatures of the licensee, other than an apprentice, and the payor of the requested service. A copy of the signed contract shall be given to the payor at the time the arrangements are finalized. - ANSWER True True or False: In addition to the contract required, the licensee shall give to the individual who requested a funeral a similar written statement that reflects any change in the arrangements agreed to between the parties. - ANSWER True A person for whose benefit a pre-need contract is purchased and who will receive the merchandise or services offered under the contract. - ANSWER Beneficiary A person that purchases a pre-need contract. - ANSWER Buyer A written pre-need contract that is signed by the consumer and a licensee of a licensee of a licensed funeral establishment and guaruntees in whole the price of goods and services and cash advance items specified in the contract. - ANSWER Guaranteed contract Means a written pre-need contract that is signed by the consumer and a licensee of a licensed funeral establishment and guarantees in part the price of goods and services and cash advance items specified in the contract. - ANSWER Guarunteed in part contract

A written pre-need contract that is signed by the consumer and a licensee of a licensed funeral establishment that does not guarantee the price of any specific goods and services or cash advance items and for whch any funds or benefits paid under the contract are only a deposit or partial payment to be applied toward he final cost, determined at the time of death, of the goods, services or cash advance items. - ANSWER Nonguaranteed contract A person who agrees to provide services or merchandise, directly or indirectly under a pre-need contract. - ANSWER Seller A person that has responsibility for making pre-need arrangements in a manner that entitles the beneficiary to be eligible for benefits that restrict assets. - ANSWER Trustee True or False: Only a licensed mortician, a licensed funeral director or a holder of a surviving spouse license may offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract. - ANSWER True True or False: A licensed mortician or a licensed funeral director who is employed by a funeral establishment may execute pre-need contracts on behalf of the funeral establishment with which the mortician or funeral director is employed. - ANSWER True True or False: Any funeral establishment on whose behalf pre-need contracts are executed under this subsection must comply with the requirements of this section. (execution of contract) - ANSWER True A pre-need contract shall contain: - ANSWER All of these Disclosure statements as it pertains to pre-need contracts should clearly state - ANSWER 1) States that all funeral costs may not be covered under the pre-need contract.

  1. States that "not all charges that may be required to be paid at the time of need are listed in this contract."
  2. Informs a buyer of whether the contract is a guarunteed contract, a guarunteed in part contract, or nonguaranteed contract.
  1. In the contract is a guarunteed in part contract.

As it pertains to Disclosure statements, if the contract is a guarunteed in part contract it should list the funeral goods and services or cash advance items included in the guaruntee; and - ANSWER Identifies in at least 14 point bold face type above each section of the contract whether the section is fully guarunteed. True or False: Contents of contract shall contain, a line totaling 1) the guarunteed amount paid and 2) the amount for nonguaranteed items that are considered to be only a down payment toward future total cost and the method payment if disclosure is made. - ANSWER True If a disclosure is made in accordance with the contents of a pre-need contract, the contract may: - ANSWER be a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract and include cash advance irems or goods and services that are not guaranteed. True or False: Within the disclosure of a pre-need contract, a pre-need contract shall be executed in duplicate and be signed by each party. - ANSWER True True or False: Within the disclosure of a pre-need contract, the seller shall give one of the duplicate originals of the pre-need contract to the buyer. - ANSWER True A payment under a pre-need contract shall be deposited into an interest bearing, escrow or trust count within _____ days after receiving a payment. - ANSWER 10 True or False: Within 10 days after receiving a payment under a pre-need contract, the seller shall deposit into an interest bearing, escrow or trust account for services, 100% of the payment under the pre- need contract. - ANSWER True Within 10 days after receiving a payment under a pre-need contract, the seller shall deposit into an interest bearing, escrow or trust account: - ANSWER 100% of the payment that is for all goods under the pre-need contract. As it pertains to deposits of a pre-need contract, the interest bearing escrow or trust account shall be with: - ANSWER A banking institution that is insured by an agency of the federal government or a savings and loan association that is insured by an agency of the federal government.

A pre-need escrow or trust account may not be deemed an asset of: - ANSWER 1. The Individual licensee

  1. The licensed funeral establishment