THE MONTEGO BAY COMMUNITY COLLEGE

OURSE NAME: Funeral Service Law, Regulation & Business Law

COURSE CODE: FUN 115
CREDITS: 3
CONTACT HOURS: 45 hours
PRE-REQUISITE(S):
CO-REQUISITE(S): None
SEMESTER:

COURSE DESCRIPTION:

This course is designed to introduce the student to rights, duties, and responsibilities of the
funeral service practitioner and funeral establishment; including but not limited to the national,
regional and international laws and regulations pertaining to funeral service. It will expose
students to areas of law including preneed, torts involving the dead human body and the funeral
service practitioner, wills, estates, probate and related matters, cemeteries, crematories and issues
related to final disposition. Sources of law, the legal status of the dead human body, the right to
control funeral arrangements and final disposition and liability for funeral expenses will be
emphasized in this course. Students must understand the legal aspects of being licensed to
practice in funeral service industry (funeral director, embalmer, etc.). The current legal and
regulatory framework for the funeral service and mortuary science in Jamaica will be analysed
and

COURSE OUTCOMES:

Upon successful completion of this course students will be able to:

1. analyze legal and ethical relationships, rights, duties and liabilities between funeral
directors/practitioners, the deceases and consumers
2. describe the entities that formulate laws, rules and regulations affecting funeral directors,
funeral homes and cemeteries.
3. examine the importance of completing proper documentation in funeral service
4. recognize the legal issues and importance of due diligence in funeral practices and
compliance to help minimize exposure and/or liability.
5. distinguish the legal, ethical and professional responsibilities surrounding various
methods of disposition
6. differentiate the various contracts used in funeral service and their appropriate use
 7. evaluate legal issues regarding agency, bailment and other business relationships
8. discuss the elements of estate planning and their legal implications for the consumer and
funeral director

Unit I: Introduction to Law 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. define law
2. explain the purpose of law
3. outline the historical sources of law
4. outline the contemporary sources of law
5. describe the classification and organization of written laws
6. describe the judicial process

Content:

1. Definition of law
2. Purpose of Law
3. Historical Sources of Law
4. Contemporary Sources of Law
5. Classification and Organization of Written Laws
6. The Judicial Process

Unit II- Mortuary Law and Disposition of the Dead 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. define mortuary law (funeral law)

2. describe the sources of funeral law
3. explain how a “dead body” is defined
4. explain the legal status of a dead body
5. describe methods of disposition

Content:

1. Definition of mortuary law/funeral law

2. Sources of mortuary law/funeral law – state laws and regulation, case law, common law,
 3. “Dead body” defined – human being, without life, not entirely disintegrated
4. Legal Status of a Dead Body
5. Methods of Disposition

Unit III: Rights Of Parties Undertaking Disposition 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. explain the right of custody

2. explain the right to control the funeral
3. explain the right to choose disposition
4. explain the right of the funeral director with right to disposition
5. outline components of a funeral contract

Content:

1. Explain the Right of Custody

2. Explain the Right to control the Funeral
3. Rights and Duty of Disposition
4. Rights of Parties Undertaking Disposition
5. Funeral Director with the Right of Disposition
6. Funeral Contract components – general, disclosures, contract terminologies
7.

Unit IV- Who has the Right to Disposition 3 Hours

Learner Outcomes:

Upon successful completion

1. define rights to disposition

2. examine right of disposition statutes
3. describe mechanism(s) in place to control disposition
4. outline the priority list as it relates to the right to disposition
5. outline factors that constitutes forfeiture of right to disposition
6. explain the anatomical gift act (or its Jamaican equivalent)

Content:

1. Definition Rights to Disposition

2. Right of disposition statutes
3. Mechanism(s) in place to control disposition –
 4. Priority list as it relates to the Right to Disposition – surviving spouse, adult children,
parents, adult siblings, grandparents, and other relatives in descending order of priority
5. Outline factors that constitutes Forfeiture of Right to Disposition
a. missing relatives
b. majority control
c. waiver of uncooperative relatives
d. homicide cases
6. Explain the anatomical gift act - body and organ donation

Unit IV- Duties of the Funeral Director 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. describe the statutory duties of the funeral director in his operations

2. explain the contractual obligations of the funeral director
3. explain tort liability in relation to the funeral director
4. discuss mental anguish in relation to the duties of the funeral director
5. discuss third party contracts and Assignments

Content:

1. Statutory duties of the Funeral Director in his operations – Permits, health laws and
regulations
2. Explain the contractual obligations of the funeral director
a. Negligent embalming
b. Negligent funeral directing
c. Safeguarding of the body
d. Privacy
e. Merchandise that is not defective
f. Transportation
g. Aftercare
h. Tort liability in relation to the Funeral Director - Wrongfully withholding body;
Loss of body; Mutilation of body; Injury to invitees; Injury to pallbearers and
clergy
i. Mental Anguish - Physical impact, intentional infliction of mental distress,
contractual breaches, negligent infliction of mental distress, punitive damages
3. Third Party Contracts and Assignments
Unit V – Funeral Service Pricing Disclosure and Methods 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. explain the funeral rule

2. outline a brief history of the Fair-Trading Commission (FTC) in Jamaica and Federal
trade Commission (FTC) in the USA
3. compare the role/purpose of the Fair-Trading Commission (FTC) in Jamaica and the
role/purpose of the Federal trade Commission (FTC) in the USA
4. examine the impact of the FTC on Funeral Service
5. outline the purpose and items on a general price list (GPL) of a Funeral Home
6. describe price list items used in the operations of a funeral home
7. describe the composition of the “Statement of Funeral Goods and Services Selected”
document.
8. describe the six specific areas the Funeral Rule prohibit misrepresentation

Content:

1. Explanation of the Funeral Rule

2. History of the Fair-Trading Commission (FTC) in Jamaica and Federal trade Commission
(FTC) in the USA
3. Comparison of role/purpose the Fair-Trading Commission (FTC) in Jamaica and
role/purpose of the Federal trade Commission (FTC) in the USA
4. Purpose of the general price list (GPL) of a Funeral Home
5. Items on the GPL of a funeral Home – Itemization of goods and services, funeral packages,
distribution of the GPL
6. Describe price list items used in the operations of a funeral home
a. casket price list
b. outer Burial Container Price List
7. Statement of Goods and Services selected document – Itemization entries, mandatory
disclosures, distribution statement
8. Describe the six specific areas the Funeral Rule prohibit misrepresentation:
a. embalming
b. caskets or direct cremation
c. outer burial containers
d. legal and cemetery requirements
e. preservation and protective claims
f. cash advance items

Unit VI – Pre-Need Funeral Contracts 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. Explain a pre-need funeral contract

2. Explain mechanisms in place to fulfill pre-need funeral contracts

Content:

1. Explanation of pre-need funeral contract

2. Explain mechanisms in place to fulfill pre-need funeral contracts
a. pre-need funding by trust
b. pre-need funding by insurance
c. taxation on pre-need Income

Unit VII – Wills and Estate Administration 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. define terms associated with estate administration – will, estate, intestate, probate, estate
planning, trust, Jamaica Inheritance tax, Estate (transfer) tax
2. describe the role of the Executor, Administrator
3. compare testate and intestate administration of assets
4. explain the role of trusts in estate planning
5. demonstrate the preparation of a will
6. explain what happens to debts/financial obligations of the deceased
7. describe type of advance directives
8. discuss Co-ownership of Real Property
9. Assess the procedure for handling the affairs of individuals after death

Content:

1. Definitions associated with estate administration – will, estate, intestate, probate, estate
planning, trust, Jamaica Inheritance tax, Estate (transfer) tax
2. The role of the Executor, Administrator
3. Comparison of testate and intestate administration of assets
4. The role of trusts in estate planning
5. Preparation of a will
6. debts/financial obligations of the deceased
 7. Type of advance directives – Living Will, Durable power of attorney for health
care/Medical power of attorney, POLST (Physician Orders for Life-Sustaining
Treatment), DNR (in hospital, out of hospital), organ and tissue donation
8. discuss Co-ownership of Real Property
9. Affairs of individuals after death - insurance policies, gifts, safety deposit boxes

Unit IX - Liability for Funeral Expenses 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. explain liability of the estate

2. explain liability for funeral expenses of dependent
3. explain liability of executor or administrator
4. explain the liability of the State

Content:

1. Liability of the estate – primary obligor, reasonableness of the funeral bill, collection
against an estate
2. Explain liability for funeral expenses of dependent – husband
3. Explain liability of Executor or Administrator
4. Liability of the State – public officials, indigent funerals

Unit X – Cremation and Disinterment 4 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. describe the concept of cremation

2. outline the authorization needed to cremate
3. describe other cremation forms used
4. outline the components involved in the due diligence investigation of third party
crematory by the funeral home
5. define disinterment
6. examine different categories of disinterment
7. explain unauthorized disinterment

Content:

1. Description of cremation
 2. Authorization needed to cremate - cremation authorization form, provisions for consent
include:
a. Identification of the decedent
b. Identifying of Authorizing agent
c. Medical devices
d. Authorization to cremate, process, pulverize
e. Disposition of personal property
f. Instructions of final disposition
g. Authority to dispose of unclaimed cremains
h. Recycling metal
i. Certification of indemnification
3. Other cremation forms used
4. Outline the components involved in the due diligence investigation of third-party
crematory by the funeral home
a. Crematory records request
b. Interview of crematory management
c. Crematory inspection
5. Definition disinterment
6. Different categories of disinterment – disinterment disfavored, disinterment in the public
interest, disinterment for private purposes
7. Unauthorized disinterment

Unit X – Funeral Homes 3 Hours

Learner Outcomes:

Upon successful completion of this unit, learners will be able to:

1. define funeral home

2. discuss the licensing and regulation for a funeral home
3. discuss factors that determine the location of a funeral home
4. explain protection for funeral homes in a Right for Disposition statute
5. Outline the Occupational Safety and Health Act standards/procedures and practices
applicable to Funeral Homes

Content:

1. definition funeral home

2. licensing and regulation for funeral home
3. discuss factors of location of a funeral home – Nuisance, zoning regulations, other
factors
 4. protection for funeral homes
5. specific OSHA Standards applicable to funeral home

METHOD OF DELIVERY

Lecture
Cooperative learning
Debates
Discussion
Simulations
Group Research
Group Discussion
Presentation

METHOD OF ASSESSMENT:
1. Course Work (40%)
Quizzes 5%
Tests 25%
Group Presentation 10%

2. Final Examination 60%

100%

TEXTBOOK REFERENCES AND LEARNING MATERIALS

Recommended Text
Stueve. Thomas F.H., Gilligan.T. Scott (2011). Mortuary Law. Cincinnati College of Mortuary
Science Supplemental

Saliba. Robert. The General Public’s Guide to New Jersey Wills, Estates, Taxes and
Planning. RGS Press

Internet Resource:

 Cremation Act - https://moj.gov.jm/laws/cremation-act

 Public Cemetary Management and Regulation Act - https://moj.gov.jm/laws/public-
cemetery-management-and-regulation-act
 Death Registration - https://www.rgd.gov.jm/images/Publication/Death.pdf
 Obtaining a death certificate - https://jis.gov.jm/information/faqs/obtaining-a-death-
certificate/
 National Insurance Scheme (NIS) Death Benefits - https://jis.gov.jm/information/get-the-
facts/get-the-facts-national-insurance-scheme-nis-death-related-benefits/
 American Board of Funeral Service Education - http://www.abfse.org/

Other online resources:

https://www.ebscohost.com
www.springerlink.com/books