WA State Funeral Law
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Authorization to Embalm 18.39.215 | show 🗑
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show | No except under certain conditions as determined by rule by the state board of health.
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Refrigeration 18.39.215 | show 🗑
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show | Gross misdemeanor
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show | No. The crime is a gross demeanor and is grounds for disciplinary action.
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show | Up to 10%
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show | 20th
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show | a public depositary or shall be invested in instruments issued or insured by any agency or federal govt.
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Who owns the interest, dividends, or growth of a trust? 18.39.250 | show 🗑
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show | 1%
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show | a. FH files a veriefied statement w/ trustees that the prearranged merchandise and services were furnished
b. FH files a verified statement that prearrangement contract was cancelled
c. Revocable contract (subsequent to 30 day cancellation pd provided)
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When can the prearrangement contracts be terminated by the board? 18.39.250 | show 🗑
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Can prearrangement trusts moneys be used directly or indirectly for the benefit of any FD etc? 18.39.250 | show 🗑
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show | Contract is irrevocable (the beneficiary thus remains eligible for assistance)
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show | If there is a claim on the estate for long-term care services. Such notice shall be renewed every 3 years.
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show | 1. States the amount of ins.
2. States name of ins co
3. Informs purchaser that amounts paid for ins. may not be refundable
4. Informs that any funds not used for services may be subject to a claim for reimbursement for state long-term care.
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To do prearrangements, a FH needs? 18.239.260 | show 🗑
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How often does a FH need to file a statement of its financial condition and transactions involving prearrangement contracts for the preceding fiscal year? 18.39.320 | show 🗑
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Any person who violates or fails to comply with or aids and abets any person in violation of prearrangement contracts, is guilty of ___? 18.39.350 | show 🗑
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Unprofessional conduct includes: 18.39.410 | show 🗑
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Unprofessional conduct includes: 18.39.410 | show 🗑
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show | Consumer, licensee, corporation, organization, and state and local governmental agency
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If a licensee defaults on a student loan, what happens? 18.39.465 | show 🗑
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show | Gross Misdemeanor
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How long is the minimum time if a licensee or applicant requests a hearing after service of a charge? 18.235.050 | show 🗑
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show | Yes and the disciplinary authority may require successful completion of the exam as condition for the reinstatement.
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show | a. Revoke license
b. Suspend license
c. Restrict or limit practice
d. Remedial educ or treatment
e. Monitor practice
f. Censure, reprimand
g. Probation conditions
h. Fine
i. Denial to renew license
j. Other
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If fine is ordered and not paid in timely manner, what can disciplinary authority do? 18.235.120 | show 🗑
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Unprofessional conduct can be this... 18.235.130 | show 🗑
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show | Misrepresenation or concealment of material facet in obtaining or renewing a license.
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show | Advertising that is false, deceptive or misleading
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show | Incompetence, negligence, or malpractice that results in harm or danger to another or that creates an unreasonable risk or harm or damage to another
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show | Suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction.
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Unprofessional conduct can be this... 18.235.130 | show 🗑
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Unprofessional conduct can be this... 18.235.130 | show 🗑
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show | Violating any provisions in RCW 18.235.020
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Unprofessional conduct can be this... 18.235.130 | show 🗑
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Unprofessional conduct can be this... 18.235.130 | show 🗑
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show | Misrepresentation in any aspect of the conduct of the business or profession
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show | Failure to adequately supervise or oversee auxilary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged
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show | Conviction of any gross misdemeanor or felony relating to the practice of te person's profession or operation of the person's business
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show | Interference with an investigation by disciplinary authority
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Unprofessional conduct can be this... 18.235.130 | show 🗑
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How much can the disciplinary authority fine an unlicensed person for performing licensed activities? 18.235.150 | show 🗑
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show | $25,000
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What is a person guilty of if attempting to obtain or maintain a license by willful or fraudulent misrepresentation? 18.235.170 | show 🗑
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How should PN contracts appear? | show 🗑
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show | (a) The name of the purchaser and the beneficiary of the contract;
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PN Contracts need to contain 4 items. 1 is: | show 🗑
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show | (c) The total purchase price to be paid under the contract and the manner and terms which will govern payment;
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PN Contracts need to contain 4 items. 1 is: | show 🗑
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show | (3) Such contract shall be dated and be executed by the purchaser and by the funeral establishment through its owner, officer or managing agent.
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Such prearrangement funeral service trust agreements shall be between the funeral establishment and trustees designated by the funeral establishment. The agreement shall include language that provides for (4 of 8 requirements) | show 🗑
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show | (e) Details as to investment and administration of the trust;
(f) Compensation of trustees and expenses to be incurred;
(g) Accounting methods to be used;
(h) Provisions for amendment and termination of the trust agreement.
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Does the board need to approve PN funeral trust agreements? | show 🗑
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Trust fund depository agreement requirements: | show 🗑
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show | 90
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What does an annual statement for the FH include? | show 🗑
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show | Ten (10)
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With respect to each prearrangement funeral service contract trust fund, the following information must be provided (8 total): | show 🗑
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The annual report form must include a year-end statement from the depository as to the amount of money held in funeral _______________ _______ as of the reporting date. | show 🗑
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For the general welfare of the public and in order to protect the integrity of the funeral industry, the use of ___________ _______________ of prearrangements must be defined by the board. | show 🗑
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"____________ ____________" means an unsolicited telephone call to a person and conversation for the purpose of inducing the person to make funeral prearrangements made without previous invitation, expressed or implied, by the person called. | show 🗑
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Time limits for telephone solicitation: | show 🗑
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If person called on a telephone solicitation sez to not call and put them on no call lists... | show 🗑
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Identification. Within the first thirty seconds of the telephone call, a telephone solicitor or salesperson shall: | show 🗑
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show | - Age 62
- Registration fee waived
- No continuing ed
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show | a) Retain wall certificate
b) Title funeral director supplemented by "retired"
c) Consultant services on funeral dir
d) Provide refs for persons seeking licensure
e) Volunteer instructing on funeral directing
f) Technical expert for court, or litigat
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show | Yes. Need to submit current licensing fee and written request.
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show | (a) Comply with all applicable Washington state laws, rules and regulations related to health or the handling, transportation or disposition of human remains.
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show | (b) Not perform any act which will tend to affect adversely the dignity, individual integrity or the respectful and reverential handling and burial or other customary disposition of human remains.
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show | (c) Upon receipt of remains, obtain id of remains as est. by the institution, agency, or individual releasing remains and place an id bracelet or tag on the ankle or wrist. If remains are in protective pouch due to condition, tag in/out of pouch.
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show | (d) Follow the directions of the individual or individuals that has/have the right to control the disposition of the human remains.
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Care of human remains. There are 6 requirements, (e) is: | show 🗑
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show | (f) Not separate any organs, viscera or appendages of a human remains from any portion of remains for separate disposition. The entire noncremated human remains that FH has received and has poss. of must be maintained and disposed of as one entity.
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show | Provide refrigerated holding of a human remains for which embalming has not been authorized. In addition to these regulations, the handling and refrigeration of human remains shall be governed by chapter 246-500 WAC.
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show | Care and preparation for burial or disposition of all remains are private. No one allowed in embalming or prep rooms while remains are embalmed or during autopsy except the licensee, employees, and public officials in discharge of duties.
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What are to be done with deceased's valuables? | show 🗑
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show | Yes, space must be made to the public.
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show | - refrigerator w/ max temp of 48 deg
- sink w/ hot/cold h2o
- Covered receptacles for soiled linens, bandages, refuse and other waste materials which meet OSHA, WISHA, DOH & other applicable regulations
- Chemicals for disinfecting remains
- Chem stor
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Does a FH need restrooms for public and staff? | show 🗑
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What if the cooler is off-site? | show 🗑
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Should uncasketed bodies be displated? | show 🗑
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What are requirements for embalming facilities? | show 🗑
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When does a licensee control remains? | show 🗑
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show | No licensee will divulge any information as to illness, cause of death, financial affairs or transactions, and any other information customarily considered confidential, obtained while serving in such licensed capacity.
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show | No licensee will remove, embalm, or perform prep of a human remains when he/she has information indicating crime or violence in connection with the cause of death, until permission is obtained from coroner, medical examiner or other qualified official.
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show | A licensee must display license in each location where employed. Legal duplicates provided by the dept at a fee to be determined by the director will be displayed when a licensee is employed at more than one location. The display of copies prohibited.
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How often are inspections of a FH or crematory? | show 🗑
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show | Inspections shall cover compliance with applicable statutes and rules.
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show | (a) An application on a form prescribed by the board.
(b) Official sealed college transcripts.
(c) Official national board or other state board examination scores.
(d) A nonrefundable application fee as defined in WAC 308-48-800.
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show | a) Application on a form prescribed by board.
b) Official verification of out-of-state licensure from out-of-state licensing board.
c) Official sealed college transcripts, if licensed in another state for a period of < 5 years.
d) Application fee
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show | (1) The board adopts grading of International Conference of Funeral Service Examining Boards (ICFSEB).
2) All applicants must pass a state law exam. In addition, applicants for funeral director licensing required to pass an exam in funeral arts.
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show | - 25 services, arrangements, dispositions
- quarterly report signed by intern and sponsor
- 1800 hrs training, not less than 1 calendar year
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show | - emabalm 50 human remains
- 3600 hours, not less than 2 yrs
- quarterly reports of intern and sponsor to DOL
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When is renewal of licenses, registrations, endorsements and permits? | show 🗑
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Report of internship registration, termination, transfer and credit is made by whom? | show 🗑
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Branches of an establishment may operate under the general license of the establishment, pursuant to RCW 18.39.145 and 18.39.148 and the following terms and conditions: | show 🗑
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show | Cash Advanced
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show | Every licensed funeral director, his or her agent, or his or her employee shall give, or cause to be given, to the person making funeral arrangements or arranging for shipment, transportation, or other disposition of a deceased person:
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show | Gross misdemeanor
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show | Make sure the DC is correct and then issue burial transit permit (in regards to death stuff)
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show | Local registrar shall be paid $1 for each birth, death, or fetal death certificate registered for his district which sum shall cover making out the burial-transit permit and record of the certificate to be filed and preserved in his office.
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RCW 70.58.065 Local registrar use of electronic databases: | show 🗑
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RCW 70.58.107 Fees charged by department and local registrars: | show 🗑
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RCW 70.58.107 (second part) When can a fee not be required for a certified DC? | show 🗑
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RCW 70.58.150 "Fetal death," "evidence of life," defined: | show 🗑
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show | ith the local registrar of the district in which the death or fetal death occurred within three business days after the occurrence is known; if unk, in district w/in 1 day... not req if <20 weeks
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RCW 70.58.170 Certificate of death or fetal death — By whom filed: | show 🗑
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RCW 70.58.175 Certificate of death — Domestic partnership information: | show 🗑
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RCW 70.58.180 Certificate when no physician, physician's assistant, or advanced registered nurse practitioner in attendance — Legally accepted cause of death: | show 🗑
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show | When death is unattended but there is not suspicion of it being unnatural. The "expected death list" means the ME/coroner was already notified.
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show | If cause of death undetermined, then there will be a "pending" on DC and FD can get it certified for a burial transit permit. The ME/coroner has to give written reason to registrar why it is delayed.
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RCW 70.58.230 Permits for burial, removal, etc., required — Removal to another district without permit, notice to registrar, fee (i.e. how soon is a burial transit needed?) | show 🗑
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When do you need a certificate of removal? | show 🗑
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show | - Obtain a DC
- Get a certified from local registrar
- Get a burial permit
- Get vitals from MRP
- Get a doctor's sig on DC
- put date & place of disposition on DC
- keep the burial transit permit w/ deceased 'til disposition; deliver to disposition
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show | Burial-transit permit contains stmt by local registrar that a satisfactory certificate of death having been filed with him or her, as required by law, permission is granted to inter, remove, or otherwise dispose of the body.
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RCW 70.58.260 Burial grounds... what to do w/ burial-transit permits. | show 🗑
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RCW 70.58.280 IF an FD willfully mishandles BTP, what are they guilty of? | show 🗑
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RCW 70.58.390 Certificates of presumed death. | show 🗑
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show | The doctor has to put MRSA on DC
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show | - wash hands
- use barrier precautions
- Not eat, drink, or smoke where handling of human remains or body fluids is
- Use reasonable precautions to prevent spillage of body fluids
- wash hands after gloves off
- Disinfect area
- Dispose of blood etc
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show | disinfect it after transporting human remains
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When can FDs delay refrigeration? | show 🗑
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WAC 246-500-040 A person transporting human remains must: | show 🗑
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show | - Leak resistant container inside a leak-resistant shipping container
- BTP in sturdy envelope attached to container
- Give the BTP to crematory or sexton for disposition
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show | reduction of identifiable bone fragments to unidentifiable dimensions by manual or mechanical means following cremation.
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show | the enclosed space in a crematory in which the cremation process takes place
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WAC 308-47-010 What is a "processing"? | show 🗑
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show | means the container in which the human remains must be enclosed before being placed in the cremation chamber for cremation. Has to be combustible, rigid, no spillage, and cover remains.
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show | any container in which cremated human remains can be placed and closed to prevent leakage or spillage of cremated human remains.
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show | area designated for the care, storage and holding of human remains prior to disposition.
• Comply w/ public health laws.
• Preserve the dignity of HR
• Recognize health and safety of employees
• Be secure from access by anyone except authorized person
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WAC 308-47-010 What is a "cadaver"? | show 🗑
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WAC 308-47-010 What are "body parts"? | show 🗑
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WAC 308-47-010 What is "commingling"? | show 🗑
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WAC 308-47-010 What is "residue"? | show 🗑
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show | - Name of deceased
- DOD
- Place of death
- Name and relationship of auth agent
- name of firm engaging services
- description of container
- ID# on metal disk or tag for whole process
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WAC 308-47-030 Agency filings affecting this section Holding human remains for cremation. A crematory must not accept and hold human remains for cremation | show 🗑
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show | A crematory must not accept and hold human remains for cremation unless the human remains are contained in a cremation container.
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show | No
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What must be held only within a mechanically or commercially acceptable refrigerated facility of adequate capacity, with a maximum temperature of 48 degrees Fahrenheit? | show 🗑
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show | Cremation must not take place until the burial transit permit and authorization for cremation are obtained.
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How does a crematory operator id the body throughout the cremation process? | show 🗑
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show | Not permitted, unless written authorization is obtained from the authorizing agent of each human remains to be cremated simultaneously. This exempts crematory from all liability for commingling the products of the cremation process.
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show | • Equipment, techniques, and other devices are employed that keep the human remains separate and distinct, before and during the cremation process. • Recoverable cremated remains are kept separate and distinct after the cremation process.
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Can you cremate an animal in any ol' retort? | show 🗑
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show | - remove all but residue - no commingling - ID attached to container or tray - Process by legal req. - Processing or pulverization if CR placed in cemetery, mausoleum, columbarium, or where religious beliefs oppose - Remove/dispose prostheses etc
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WAC 308-47-060 Packaging and storage of cremated human remains. | show 🗑
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WAC 308-47-070 Disposition of cremated human remains. A crematory must keep permanent record of: | show 🗑
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show | - attempts to contact authorizing agent (AA) via registered mail
- Informs AA of procedures that will happen if no response in 60 days
- Informs AA that recovery of CR may or may not be possible
- Maintains a permanent record of disposition
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WAC 308-48-350 AIDS prevention and information education requirements. | show 🗑
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AIDS education documentation must: | show 🗑
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show | The AIDS education requirement may be counted towards the fulfillment of the continuing education requirement.
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WAC 308-48-510 Continuing education requirements — Purpose. | show 🗑
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show | The effective date of the continuing education requirement will be two years after initial licensure as a funeral director and/or embalmer, or initial registration as a funeral director intern and/or embalmer intern.
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WAC 308-48-530 Continuing education basic requirement — Amount. | show 🗑
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Can CE hours be carried over if more than 10? | show 🗑
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Can a license be renewed if the CE hours are not documented and approved? | show 🗑
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show | The licensee or registrant shall submit an affidavit certifying compliance with the continuing education requirement on the form provided by the board. The affidavit shall be submitted with license or registration renewal fee every two years.
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WAC 308-48-570 Continuing education discretionary exception for emergency situation. | show 🗑
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show | - activity must increase professional competency
- must relate to mortuary science
- CE must be conducted by people the board considers knowledgeable
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What is acceptable CE to the board? | show 🗑
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show | - an application before CE starts; board will say how many hours count
- board may require teaching material etc
- board may monitor class and approve/disapprove
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WAC 308-48-780 Crematories — Inspections. How often are crematories inspected? | show 🗑
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WAC 308-48-810 Brief adjudicative proceedings — When they can be used. This is first half... | show 🗑
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show | - disqualifying crime
- default on educ loans
- disobeyed order of director
- recordkeeping violations
- trust acct violations
- false advertsing
- unlicensed practice
- does educ meet board approval
- if witness testimony is unecessary
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WAC 308-48-815 Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings. | show 🗑
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How long do funeral director and embalmer interns have for an internship? | show 🗑
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show | • Must work and be at same lic. est. as intern: interns can work at mult. locations if req.
• Supervise max. of 3 interns.
• Must have a min. of 1yr of exp. as a lic. FD or embalmer in WA.
• Sponsors responsible for work by their interns.
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WAC 308-48-870 Leave of absence — Interns. | show 🗑
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show | the board has determined that transportation of human remains may be performed by unregistered persons who are employed by licensed funeral establishments.
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