NJ Jurisprudence Exam Questions and Answers 100% Pass
What should the FD do if the consumer refuses to sign the SFG&S? The practitioner shall note on the signature line of the SFG&S that the consumer refused to sign. The practitioner shall immediately provide a copy to the person for whom the Statement was prepared
Can purchaser authorize to change the SFG&S after it is completed? YES. Any change, addition or deletion authorized by the purchaser after the completion of the Statement of Funeral Goods and Services Selected shall be included on the final bill.
How long the funeral records be kept? 7 years
The funeral information should be recorded before or after the funeral? After the completion of each funeral
How oldest 6 years information be maintained? In a manner to be retrievable and readable within 2 weeks
How recent 1 year information be maintained? In a manner to be retrievable and readable immediately
The funeral record should include what information? Page 10, 11
The SFG&S should only be prepared for At-Need funeral services or it may be prepared for Pre-Need service too? Both
What should be the size of SFG&S? The statement shall be on a pre-printed, single-sided sheet of paper that is at least 8 ½ inches by 11 inches, but no more than 8 ½ inches by 14 inches
What information should be included in the SFG&S? Page 11, 12, 13, 14,15,16
How many and what disclosures are mandatory on the SFG&S? “TWO1. “”Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.”” and2. “”If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below.”
All charges relative to the funeral should broken down into how many categories? 5 Categories- Page 13,14,151. PROFESSIONAL SERVICES2. OTHER STAFF AND RELATED SERVICES3. TRANSPORTATION4. MERCHANDISE5. CASH DISBURSEMENTS
Can promissory notes, contracts, payment terms and other non-related items be included in the SFG&S? NO
The application for intern registration is requested by prospective intern or preceptor? Preceptor
How many cases should intern handle? 75 embalmings75 funerals25 funeral arrangements (whether pre-need or at-need)
The internship should be completed in how many years? Not to exceed 3 years
How frequently the license is renewed? Every two years
A licensee seeking reinstatement more than five years following the suspension of a license, should do the following * 25 embalmings, 25 arrangements and 25 funerals. * Successfully complete the internship. The internship shall be at least three months in length, but no longer than one year* Successfully complete Practical Exam* Successfully complete Jurisprudence exam
Notice of Intern’s change in address within 10 days after such change in address
Can Address be POST OFFICE BOX? No
Change of Ownership? Within 5 business days
No unlicensed person shall actively participate in any capacity in the actual preparation of dead human bodies except the following: 1. Interns2. Persons who perform religious and /or ritual preparations3. Unlicensed persons who perform tasks on behalf of the registered mortuary for which a license is not required
How many days a firm may operate under the supervision of a licensee in charge upon the death of sole proprietor? For a period not longer than 60 days to secure the services of a full-time licensed manager
How many times per calendar year a person who owns a New Jersey registered mortuary may use another New Jersey registered mortuary without obtaining a certificate of registration or complying with new funeral home installation requirements. Three times per calendar year
USE OF A REGISTERED MORTUARY OWNED BY ANOTHER – What information should be provided to the board? All parties involved in such a special use agreement shall immediately forward written notice to the Board before each use of the establishment. This notice shall include the following information:1) Title and address of the firm being used and the name of the manager2) The name and address of the firm using the establishment and the name of the licensee in charge3) Name of decedent4) The exact date(s) the establishment is to be used.
USE OF A REGISTERED MORTUARY OWNED BY ANOTHER What is the condition for inserting the name of the establishment using the facility in obituary and death notices? The name of the establishment using the facility is not to be inserted in obituary and death notices unless the name of the firm registered at that location is also inserted.
REQUIREMENTS FOR DISCLOSURE OF MANAGER NAME; POSTING OF MANAGER LICENSE “The name of the manager shall be conspicuously displayed with the title “”manager”” on a sign at or about the main entrance of the funeral establishment or on the firm sign, provided, however, that at the option of the firm, the term “”senior director”” or “”executive director”” maybe substituted for “”manager.”” The firm shall utilize one term only to refer to the manager and such designated term shall be used consistently on all firm communications consistent with the requirements of (b) below. The sign shall contain legible letters that are no less than 11/2 inches in height.(b) The name and license number of the manager shall appear with the designated title””manager,”” “”senior director”” or “”executive director”” on all stationery, billheads, advertising, price lists and in all other instances where the firm name is used,”
What should be the size of Manager name? The sign shall contain legible letters that are no less than 11/2 inches in height.
TRANSFERABILITY OF REGISTRATION CERTIFICATES; NEW LOCATION – Is the certificate of registration transferable? NO. A certificate of registration is not transferable. When a registered mortuary is discontinued at the registered address, the certificate shall be immediately returned to the Board office for cancellation.Whenever a registered mortuary is to be moved to a new location, the owner shall apply for a new certificate of registration and notify the Board, in writing, at least 15 business days in advance of the proposed date of opening at the new location. The new certificate of registration shall not be issued until all applicable requirements in this chapter and all relevant statutes, regulations and ordinances are satisfied. The registered mortuary shall notbegin operation at the new location until approval is granted by the Board
What are the requirements for the physical structure of Mortuary? One viewing roomEquipmentFacilitiesPrivate lavatoriesMaintained on floor levels which are separate and distinctfrom living quarters, kitchens or other rooms that are ordinarily a part of the domestic household unit
If the mortuary maintains a break room, can it be used by public? NO – If the registered mortuary maintains a break room, the room shall be separate and distinct from the preparation room and shall be inaccessible to the public.
Equipment Requirements Page 41
MULTIPLE FUNERAL ESTABLISHMENTS IN SAME LOCATION – What are the prices requirements? Page 43In the event a funeral establishment has the same or similar ownership of individuals, partnerships, limited liability partnerships, corporations, limited liability companies, or other business entities as the primary funeral establishment, prices quoted and charged toconsumers shall be the same for all funeral establishments in that location.
How many funeral establishments can operate in one facility? No more than 3 – No more than three funeral establishments shall operate in one facility unless, uponapplication, the Board in its discretion finds that permitting an additional establishment willbe in the best interest of consumers.
Where do the funeral establishment registered name be displayed? On a sign located reasonably near the main entrance or clearly visible from the street and the main entrance
All stationery/Advertisements should include the following: “1. Name of the mortuary as registered with the Board2. Address and telephone number of the mortuary3. Name of the Manager4. Title and license # of the Manager preceded by the phrase “”N.J. Lic. No. _.”””
What about Advertisement that makes reference to more than one registered mortuary? An advertisement that makes reference to more than one registered mortuary shall comply with (c) above regarding one mortuary provided that only the municipality where the mortuary is located and the true firm name as it is registered with the Board is disclosed for any additional mortuaries listed. If an advertisement for any additional mortuary discloses any further information than the municipality where the mortuary is located and the true firm name as it is registered with the Board, the advertisement shall satisfy the requirements of(c) above.
Telephone book listings of two lines or less or small novelty items where the space of advertising is limited shall disclose? a. Municipality where the registered mortuary is locatedb. True firm name as it is registered with the municipality
The unlicensed person must be clearly identified in the advertisement as: “””unlicensed and not qualified to make funeral arrangements, embalm or conduct funerals””The surname of an unlicensed person may appear in the title of a mortuary as registered with the Board.”
The advertised price reduction will remain affect for how many days? 30 days from the date of initial publication
Is it allowed to advertise the name, address and telephone number of a mortuary which does not exist, has not been completely constructed or is not currently open for business? NO
Can a mortuary claim professional superiority or superior quality of services or merchandise? YES,as long as such claim can be substantiated by the licensee upon demand by the Board.
An advertisement which refers to or sets forth a price shall disclose what? All services or merchandise which will be provided for that price.The name of the manufacturer and the model number of any casket which will be included for that price also shall be disclosed in the advertisement. Where a price is advertised, no additional charges shall be made for the advertised service or disposition unless the advertisement includes a specific delineation ofadditional services or merchandise which may be necessary. “Can advertisement include the name of an “”Inactive”” licensee?” “YES – An advertisement may include the name of an inactive licensee as defined in provided that the inactive licensee is not held out as the manager, and provided theinactive licensee does not use any title or designation that implies that he or she holds an active license from the Board. Inactive licensees shall use titles or designations that contain the word “”inactive””.” How long the copy of a printed advertisement and video or audio tape recording of each broadcast advertisement shall be retained by the licensee? For a period of three (3) years from the date of initial publication or dissemination What should the manager do when the mortuary files any form of bankruptcy? The manager shall, within 10 days of such filing, furnish the Board and the trustee in bankruptcy with a copy of the preneed ledger When the manager of an establishment is absent from practice for a period in excess of _days, the manager and the owner of the registered mortuary shall separately notify the Board in writing within five days of such absence 30 days How the body viscera be treated when in the disposition of human remains? Viscera shall be treated in the same manner as the remains and shall be disposed of with the remains Can a registered mortuary be used as a site for recovering organs and/or tissues from a decedent? No Can a registered mortuary be used as a site for the purpose of conducting examinations to determine the cause and/or manner of death of a decedent? YES The registered mortuary shall disclose on all general price lists, casket price lists, and outer burial container price lists, whether any owner of the registered mortuary also owns __ percent or greater interest in any other registered mortuary within the State. “50%If disclosure of ownership information is required, the following statement shall appear on all required price lists: “”A person who owns 50 percent or greater interest in this registered mortuary also owns 50 percent or greater interest in the following registered mortuaries inthe State of New Jersey:””. This disclosure shall include the municipality in which the registered mortuary is located and the mortuary’s true firm name as registered with theBoard.”
Can a funeral establishment deny funeral services of any deceased person based upon the cause of death? No
Can funeral establishment place any condition upon the provision of funeral services for any deceased personbased upon the cause of death? NO
Can a licensed practitioner lend his license to any other person? No
What minimum information must be included in the business card? “ Licensee’s name* Licensee’s title or position, such as Manager or Funeral Director* License number of the practitioner preceded by the phrase “”N.J. Lic. No.””NOTE: Mortuary name is not required”
Is an unlicensed person permitted to make funeral arrangements on behalf of licensed person? No – unlicensed person shall NOT be permitted to make funeral arrangements on behalf of any licensed practitioner of mortuary science, except that interns may make such arrangements
Who can quote prices to a consumer in connection with any funeral services and/or goods when funeral arrangements are being made? Only a duly licensed practitioner of mortuary science or an intern
Is MULTIPLE BURIALS allowed? YES – licensed practitioner of mortuary science shall place the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus in a coffin, casket, or other container for the purpose of interment or cremation, or cause the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus, to be interred or cremated together unless specific, written authorization to do so has been signed by a person charged with the duties of interment, as set forth in (b) below, for each decedent, or by a court of competent jurisdiction.
Is referral fees allowed? It shall be professional misconduct for a licensee to pay, offer to pay, or to receive from any person any fee or other form of compensation for the referral of a purchaser of goods and services.
What is the definition of funeral provider. “””Funeral provider”” means any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public and holds a certificate of registration to operate a mortuary in the State of New Jersey or is a licensed practitioner of mortuary science in the State of New Jersey.”
When CPL be provided? The funeral provider shall offer the list upon beginning discussion of, but in any event before showing, caskets. The list shall contain at least the retail prices of all caskets and alternative containers offered which do not require special ordering, enough information to identify each, and the effective date for the price list
Can price list contain any hand written information? NO
Review comparison of GPL, CPL, OBCPL and SFG&S See notes
Can cash advance items be marked up? NO
What are the document retention requirements? Price List – for at least three (3) years after the date of their last distribution to customersSFG&S – a copy of each Statement of Funeral Goods and Services Selected for at least seven (7) years from the date on which the statement was signed.
How many credit hours of CEU are required biennial license renewal? 10At least 2 credit hours – Pre-need funeral arrangements. In person attendance requiredAt least 3 credit hours – in funeral directing ethics and in New Jersey law and rules relating to the practice of mortuary science. The three credit hours shall require in-person attendance;A licensee may obtain no more than three credit hours in each biennial licensing period in courses or programs dealing with funeral merchandising, such as caskets, outer burial containers and clothing. A licensee shall not receive any continuing education credit for viewing exhibits at professional and/or technical meetings and conferences
Can CEU be carried over to succeeding biennial licensure period? No. Licensees shall not be permitted to carry over continuing education credit hours into a succeeding biennial licensure period.
P.O.D stands for Payable On Death
What should the funeral provider furnish for pre-paid funeral arrangement? 1. A prepaid funeral agreement2. A separate Statement of Funeral Goods and Services Selected for the intended funeral recipient describing and itemizing the prepaid funeral goods and services agreed upon, completed and signed in accordance with N.J.A.C. 13:36-1.9, whether or not the prepaid funeral agreement itself itemizes the funeral goods and services to be furnished at the time of need. A separate Statement of Funeral Goods and Services Selected shall also be completed and signed in accordance with N.J.A.C. 13:36-1.9 when at need funeral arrangements are made for the intended funeral recipient of the preneed funeralarrangement and when a revocable prepaid funeral agreement becomes an irrevocable funeral agreement and changes to the agreement are necessary to ensure compliance with the requirements of N.J.A.C. 13:36-11.6;3. The price lists as required by N.J.A.C. 13:36-9.5, 9.6 and 9.7 to be offered and provided to a purchaser at the time of an at need funeral arrangement.
Can a prepaid funeral agreement be verbal or must be in writing? Writing
Can a funeral Trust be converted to funeral insurance policy? YES – A provider shall not replace a funeral trust with a newly issued funeral insurance policy unless and until the provider obtains the written consent of the purchaser
Irrevocable Funeral Agreementsa funeral trust or a funeral insurance policy, is irrevocable during the lifetime of the intended funeral recipient, provided that the intended funeral recipient is:1) An aged, blind or disabled applicant for, or recipient of, benefits pursuant to the Supplemental Security Income program (SSI) (N.J.S.A. 44:7-85 et seq.), a Medicaidprogram (N.J.S.A. 30:4D-1 et seq.), or General Assistance (N.J.A.C. 10:85); or2) An aged, blind or disabled person who reasonably anticipates applying for, or receiving, the benefits provided by SSI, Medicaid or General Assistance within ___months of the date of the signing of the prepaid funeral agreement.No provider shall establish an irrevocable prepaid funeral agreement knowing that the intended funeral recipient:1) Is not, or shall not, become eligible to receive the public assistance referred to in (a) above; or2) Does not intend to apply for such public assistance. SIX Can the purchaser or intended funeral recipient withdraw money from the Pooled Trust funds? Yes Irrevocable funeral AgreementsA provider shall immediately notify in writing the appropriate social services agency or agencies if at, or subsequent to, the time of need the personal representative or estate of a funeral recipient, or if known by the provider the beneficiary, in the case of a funeralinsurance policy, receives a refund from an irrevocable prepaid funeral agreement in excess of ___ $500
Pooled Trust AccountAny such trust agreement shall conspicuously disclose in writing to the purchaser or intended funeral recipient, prior to the acceptance of any moneys by the trustees:1) The right to immediately withdraw on demand any moneys placed in such trust, plus accrued interest;2) That the purchaser or the intended funeral recipient shall receive periodic statements not less then once per year reflecting the amount of principal and accrued interest, if any, in the trust;3) The amount or rate of any commissions to be lawfully taken; 4) The identities and business addresses of each of the trustees of the pooled trust, except in the case of trustees selected by a bona-fide nonprofit organization, in which instance the notice of the availability of the trust document shall suffice
How much commission the trustees of a pooled trust fund can get? 1%The trustees of a pooled trust fund for the benefit of at least 200 purchasers or intended funeral recipients shall be entitled to a commission not to exceed one percent per annum of the corpus of the trust fund, which shall be paid out of any income, and in no event shall the trusteesinvade the corpus of the trust funds. Any expenses incurred in the administration of such a trust may be recouped from this commission, and such expenses shall not be deducted from any other earnings of the trust
CASH ADVANCE ITEMS; APPLICATION OF INTEREST INCOME:Where the surplus funds can be applied In a pre-paid guaranteed price agreement? If a prepaid funeral agreement is a guaranteed price agreement and the provider accepts funds for any cash disbursements at the time that the prepaid funeral agreement is made, then at the time of need, the provider shall first apply the interest earned by the prepaid cash disbursements to any increased costs of those disbursements, and shall refund any surplus funds or interest on the disbursements to the purchaser or legal representative of the intended funeral recipient or apply such surplus to any other use as directed by such persons.A provider shall not apply any surplus derived from the cash disbursement portion of a guaranteed price agreement to any other part of the agreement without the written consent of the purchaser or legal representative of the intended funeral recipient.
DEPOSIT OF PRENEED FUNDS; COMMINGLING OF FUNDSPROHIBITED; PROOF OF ESTABLISHMENT OF TRUST1. Can the provider temporarily deposit funds in another account?2. Can provider commingle the funds?3. Can provider apply principal or interest yo pay for any funeral goods or services or any other expenses? 1. Yes. A provider may temporarily deposit all moneys received in connection with the establishment of a prepaid funeral agreement in a separate non-interest bearing account established and used exclusively for the deposit of said moneys, until the moneys are transferred to the funeral trust or insurance company 2. No provider shall commingle any funds received in payment for a prepaid funeral agreement or preneed arrangement in any business or personal checking or banking account, or in any other place other than where authorized by (a) and (b) above.3. No provider shall apply any funds, whether principal or interest, from a prepaid funeral trust or funeral insurance policy to pay for any funeral goods or services or for any other expenses or use until the death of the intended funeral recipien
RETURN OF PREPAID MONEYS UPON REVOCATION ORIMPOSSIBILITY TO PERFORM; TRANSFER OF PRENEED ARRANGEMENTS OR PREPAID AGREEMENTS; PRESUMPTION OF INTENT1. Any request by a purchaser or other authorized person for revocation or for a refund of a funeral trust fund shall be fully complied with by the provider within __ days from receipt of the request 1. 14 days
RETURN OF PREPAID MONEYS UPON REVOCATION ORIMPOSSIBILITY TO PERFORM; TRANSFER OF PRENEED ARRANGEMENTS OR PREPAID AGREEMENTS; PRESUMPTION OF INTENTAny request by a purchaser or other authorized person for severing or cancellation of the funding of a newly issued funeral insurance policy shall be forwarded in writing by the provider to the appropriate insurance company no later than ________days from receipt of the request. 3 days
RETURN OF PREPAID MONEYS UPON REVOCATION ORIMPOSSIBILITY TO PERFORM; TRANSFER OF PRENEED ARRANGEMENTS OR PREPAID AGREEMENTS; PRESUMPTION OF INTENTAny request by a purchaser or other authorized person to assign or to transfer a preneed funeral arrangement or the funding for a prepaid funeral agreement to a new provider and registered mortuary shall be fully complied with by the provider within ________days of the request 10 days
Can a provider or it’s agents solicit directly or indirectly persons in hospital, rest homes, nursing homes? NO – Directly or indirectly solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
Can provider advertise rebates and discounts in the context of pre-paid funeral agreements? “No. No provider or person acting on behalf of a provider shall, in the context of prepaid funeral agreements or preneed arrangements, advertise “”discounts,”” “”rebates”” or other price reduction incentives:1) Which are not actual reductions of the retail prices of a provider’s current price lists; or2) Which are based solely on a funeral insurance policy’s premium rate tables.”
Where the pre-need ledgers be kept?Read page 88 – 93 “Every provider shall maintain in his. her or its registered mortuary, in a single identifiable and accessible location, a ledger of all active prepaid funeral arrangements (the “”Preneed Ledger””), provided, however, that any provider who operates more than one registered mortuary may keep all preneed ledgers so maintained in one location.”
FEES AND CHARGES Initial License fee:1. During the first year of a biennial renewal period = $2502. During the second year of a biennial renewal period=$125
Is optional package services mandatory on the SFG&S? “No – It shall not be mandatory for practitioners to includethe category of “”Optional Packaged Services”” on the Statement of Funeral Goods and Services Selected if they do not offer for sale the services of Direct Cremation, Immediate Burial, Forwarding of Remains and/or Receiving of Remains or to include the “”PackageReduction”” category, if this category is not utilized by practitioners.”
Can a practitioner include any charges for Category V cash disbursements in any Optional Packaged Services? No – A practitioner shall not include any charges for Category V cash disbursements in any Optional Packaged Services.
How to Calculate age of the deceased?Carl Trabosh died on June 15, 2013He was born on May 10, 1932How old was he? Years Months Days2013 6 151932 5 1081 1 5
How many types of DCs exist in NJ? “NJ has 5 different types of DCs? Two most common are:1. “”Regular”” DC2. “”Fetal DC”””
The time of death should be in which style? 24 hour style
Date and time of death is when the body is found or actual date and time of death? Location Modifier – Date and time of death when body is found, not actual date and time of death. So, if some is drowned and the body is found after 3 days, then the date and time of death will be 3 days later
Diabetes should be recorded in NJ DC or PA DC? NJ only
What must be included in NJ DC? County, Municipality of the deceased addressPA – Township or City/Boro
Information on DCInside City Limits In NJ always YES
When fetal DC must be used? 20 weeks or older, fetal DC must be used
In NJ, where the DC can be filed? o Can be filed in three different locations Municipality of death Municipality where the FH is Municipality where the body will be disposedPA – No restrictions on where to file
When DC must be filed? NJ – Must be filed before dispositionPA -Must be filed within 4 business days
Who issues the Burial permit in NJ? NJ – Issued from EDRSPA – Usually given to FD beforehand to be submitted with DC
Cost of DC and burial permit in NJ? DC – State is always $25 first copy, $2 / copy for additional copies Burial permit – $5, but based on municipilaty
In NJ, where do you submit correction to DC? Municipality of deathIf change is made within 24 hours, then local registrar can change it
Direct Supervision ONSITE and available to respond to consequence of treatment
General Supervision PT available by phone all times, offsite OK.Supervising PT ongoing assessment of PTA to perform directed interventions
PTs NOT authorized to…. diagnosis disease, practice medicine, surgery, chiro, OT, podiatry, prosthetics, dentistry
“””State Board”” is short for” State Board of NJ Examiners
Number members of Board? 11, must reside in NJ
Board Member Breakdown 2 public, 1 state executive, 6 PT ( 5+ yrs experience) 1 PTA ( 5+ yrs experience), 1 PM&R Physician
Who appoints members to state board? Governor with Senate advice/ consent
Length of Term of Board Members 3 years except PTs: 2 serve 3 yrs, 2 serve 2 yrs, 1 serves 1 yr
Number of Term Limits to Board? 2 terms
How is a Vacancy on Board filled? any PT/PTA submits recommendation to governor
Direct Access- when must a PT refer patient to a MD? no progress after 30 days from IE. stop care. To continue care after 30 days, refer to Health care provider of patients choice
Exception situations for License required to practice student, federal agency PTs, course instructors can demo, PTs with sports teams, governor declares emergency, if PT is forced to change residence due to declared emergency
How many PTAs can a PT supervise? 2, may apply to supervise more
When is a PT required to make an on sight visit of PTA? every 6 visits or 14 days, when PTA requests re-eval, change in POC is needed, prior to D/C and change in medical status
What are requirements for PT(A) Licensure? graduate accredited program, successful completion of written exam, 18+ yrs age, good moral character, MS degree ( BS if prior to Jan 03).
What are requirements for graduates of foreign school? equivalent course of study, pass written exam, grad of recognized college/ university
If fail written exam, what is deadline to retake it? How many attempts 2 years. 2 attempts, additional exams at boards discretion
Requirements for reciprocity for out of state license holders? Paperwork plus fee. no examination
PT’s can use the following designations PT, Physiotherapist, RPT (registered), LPT (licensed)
May employees of PT’s allowed to administer physical modalities? NO! includes UV light, electromagnetic rays, diathermy, US
In which situations is it unlawful practice to not refer to physician? PT constradicated, services outside scope of practice, suspect CNS condition or non- Musculoskeletal
Which situations are defined as unauthorized practice, a crime in 3rd degree? practice without a license (suspended or revoked), practice exceeding scope of practice established by the board, practice under a false/assumed name
The PT Licensure Compact is also known as “””the Compact”””
What is the purpose of the compact? interstate reciprocity, exchange disciplinary/license info amongst states, hold all states accountable to practice standards
Definition of Active Duty Military FT status including national guard and reserve in active duty
Definition of Adverse Action? disciplinary action resulting from misconduct or unacceptable performance
Definition of Alternative Program? program to monitor and/or remediate. ex… substance abuse
How is Continued Competence measured? License Renewal requiring education/professional activities
What is the data system? the Compact- system containing info in licensees, exam, licensure, investigative, compact privilege and adverse action
Definition of encumbered license license has been LIMITED by licensing board
What is a party state in the Compact? state the member holds license in , has compact privilege or is applying for compact privilege
What is a home state in the Compact? where the member RESIDES not is licensed
What is a remote state in the Compact? where the licensee is practicing or seeking privilege
What is the Commission in the Compact? national administrative body of all member states
Qualifications for Reciprocity per the Compact? license in home state, no adverse action within previous 2 years, pay fee, meet jurisprudence requirements, report any adverse actions within 30 days. Expires date of home license
Definition of the Commission Compact member states create joint public agency, each with 1 representative
Members of the commission’s executive board consists of 9 members, 7 voting members. 2 non voting include reps from APTA and a state board member
“The “”data system”” is developed and maintained by whom?” The Commission ( executive board of the Compact
How does a licensee protest a rule to be adopted by the Commission? 30 days +, file written notice on commission’s website, and each member state licensing board including date /location of meeting, reason for proposal rule, request for comments and written comments
How are Interim actions between Board meetings handled? Chairman hears applications. All actions go to board for review/ratification with written transcripts
License Fee PT(A), Biennial Renewal, Late Fee $125 PT/A$110 PT $100 PTA $100
Initial License Fee (new grad) year 1, year 2 PT, PTA $110, $55 PT$100, $50
Reinstatement Fee, Temporary Visiting License Fee $150 $100
Duplicate of Wall License, Registration $40 $25
Disability inability to engage in age specific roles in particular social context and physical environment
impairment loss of abnormality of physiological, psychological or anatomic structure/function
referral forwarding patient for professional services to another provider for professional service/care
wound care must communicate & document this with MD or podiatrist PRIOR to start of care. Removal of loosely adhered necrotic skin/nonviable tissue by PT to promote healing
Authorize Practice by PT consists of: licensed. monitor response to intervention & modify PRN, bill for appropriate evidence based diagnostic tests, document analysis of data and create appropriate objectives, goals/interventions
Outside Scope of Practice ==Disciplinary Action breast examinternal pelvic exam (except pelvic floor ms)xraysrepresenting PT as a cure/remedy for disease UNRELATED to PT diagnosis
Authorized role of PTA Treatment only, must be supervised, documents interventions, data for exam. Unable to eval, diagnose/prognose develop or modify POC. Note require PT review and cosignature
Tasks delegate to unlicensed person clean, maintain, schedule, complete forms, patient transport, patient positioning, assist dressing/undressing
Tasks ILLEGAL to delegate to unlicensed person advise/teach RE diagnosis, place/remove electrodes, apply/administer modalities, instruct/oversee ther ex, massage
PT MUST notify Health Care Provider with POC within 30 days of IE Violation= Professional Misconduct
Patient Records must ALSO include PT name and license number on EVERY page Document referrals to H.C.Provider
Discharge Summary must ALSO include reason for discharge outcomes relative to goals
Documentation Requirements for Group Setting (injury prevention, back school) name, date, license numbersummary of provided informationcopies of handouts
Time frame to release medical records, fees 15 days of written requests$1/page to $100may not withhold records for balances owedmust transcribe for illegible records
all bills submitted to patient/ins must include therapist name and license number
unable to bill for preparing insurance claimun kept appointment fee (unless notified PRIOR to IE)fee for undocumented exam/intervention
Mandatory Licensure/ Notifications “display of license in public Area in ALL offices BUTPT/A MAY carry registration in possession insteadmust provide name/license # per request””Division Consumer Affairs, address and phone numberprofessional fee schedule available upon request”
Notification Change of Address Written notification within 30 days specifying residential or business
Professional Misconduct Violations (13) Accepting fee or gift or commissioncharging fee for referral to other providercare outside scope of practicemaintenance level care but billing as therapeutic interventionperforming interventions PT deems as unnecessary. MUST notify referring MD writing termination and rationalefalsifying records payment for unrendered servicesaide/abet unlicensed carefailure of PT accurate billingFailure to refer to professional: PT contraindicated, no improvement in 30 days, requires care outside scope of practice
PT MUST submit POC within 30 days of IE
Terms to sever patient-therapist relationship written notice transfer of care or termination after 90 days after last PT session
Exam standards for Licensure applications submit proof education credentialsNPTE PT/A 600 (based 200-800)State Jurisprudence Score 80
International Countries exempt from TOEFL UK IrelandCanada (except Quebec)AustraliaNew Zealand
TOEFL passing requirements must pass within 2 years of applying for licensescore >200 ORTOEFL IBT: (internet based test)>24 written >26 speaking >18 listening > 21 reading
Changing Status Inactive to Active pay renewal30 credits CEU within 2 proceeding years
Reinstating a Suspended License certification working in another state or has not practiced PT.30 CEUs within 2 yearspay reinstatement fee and all past biennial renewal feesMORE THAN 5 years: RETAKE EXAM
Temporary Visiting License PT, PTA Restrictions good for 1 year, board may extend another yearRequires DIRECT supervision, POC updated every 30 days and documented it was reviewed/updated by PT
Change in PTA supervision Subsequent PT assumes responsibility and becomes designated supervisor
Restrictions for emergency situation, where a PTA can provide care in absence of supervision only those patients they have assisted in establishing POCevery effort must be made to obtain supervision
Restrictions on PT and PTA experience IN NJ for GENERAL supervision both supervising PT and PTA need minimum 1 year experience in NJ
Requirements of DIRECT Supervision PT in same building with constant electronic communicationPT documents, updates & reviews POC every 30 DAYS with PTA
Requirements of GENERAL Supervision PT offsite with constant phone accessPT documents, updates & reviews POC every 6 the visit (or 14 days) unless PTA requests reeval, change in POC needed, change in medical status or prior to discharge
Supervising PT must sign notes prior to next DOS Signature in record indicates compliance with review of POC
Supervising PT must review POC with PTA: before first visit with PTAbefore PTA implements new POCwhen changing supervising PT (on or before 1st visit)
Clinical Specialist completed APTA speciality and successfully passed written exam
Advertising considered Professional Misconduct “false, fraudulent deceptive statementclaim of superior services over “”typical”” PTpromote services beyond scope of practicerevealing patient identity without consentoffer fee to 3rd party for referrals guarantee of resultssolicitation of patients using agent, employee/representative”
approved solicitation of patients via education/materials at community service organizationoffer services to employers, union reps or ins carriers
advertising fees must be inclusive, no addt’l charges allowedif no expiration date listed, its 30 days from last ad publicationif its discounted, must list normal fee
advertising clinical specialities may not use abbreviations. Ex: OCS must be spelled out as Orthopedic Clinical Specialist
If you provide free service, may not charge for additional services within what timeframe 72 hours
Paid Testimonials must truthfully reflect actual patient experienceLicensee must be able to substantiate objective verifiable statements of factmust disclose compensation provided for this testimonial
Minimum content for ads (includes business cards) name license # of at least 1 principleaddress of practicephone number of practice
Advertising Professional Credentialing accurately represent education and trainingPT/A designation THEN educational degree if desiredonly include degrees from accredited academic institutions
Advertising Record Retention retain ads for 3 years from initial publicationdate and note place of ad publicationtestimonials retained 3 years including name, address, phone, type and value of compensation
CEU requirements: 1 CEU= minutes instructional time 60 minutes excludes all breaks, vendor exhibits
CEU: courses required for remediation/discipline DO NOT count towards mandatory CEU requirements
CEU’s: post grad course leading to DPT 15 credits per courseapplies for period when the course will be COMPLETED
CEU’s: entry level program course for PTA 15 credits per courseapplies for period when the course will be COMPLETED
CEU: successful completion of academic course Related to PT 15 credits per courseapplies for period when the course will be COMPLETED
CEU limitations for video/audio/internet/journal max 10 credits per course so 10/30 CEUs requiredmust include exam
CEU awarded prep and presented of board approved cont educ course 2 credits/hour to max 10subsequent teachings: 1 credit per hour of presentation with max 10
CEU: prep published scientific article 3 credits per article, as approved by the board
CEU: Textbook writing a chapter editing published textbook 3 credits per chapter up to 105 credits per book, max 10
CEUs for clinical speciality, APTA residency/fellowship 15 credits15 credits
CEUs for completion of FSBPT 3 credits
CEU’s earned supervising PT/A student 1 credit per 40 hour week, max 4
can APTA discount courses for members? YES and other dues paying organizations
How long must you keep CEU records? What info? 4 yearsname and license #course provider, date, location# CEU awardedsigned course completion certificate
Recording CEU for conferences , verifying attendance conference official signs or stamps session description in program book
Hardship examples where board may waive/extend/ modify CEU requirements illness, disability, active military service
Deadline for requesting CEU waiver submit in writing more than 60 days prior to end of licensure period
CEU Providers must submit to Board >45 days the following: course outlineCV of each lecturercourse objectives with learning outcomes and measurable objectivesbibliography including 5+ peer reviewed articles published in past 5 years
Does CEU provider require board approval prior to starting the program YES
CEU Provider Fees fee for new course during biennial licensing period
Continuing Education Requires: 10 hours every biennial renewal (by March 1st/odd years)
CEU Credit Requirements Max of 3 hrs in merchandising At least 2 hrs preneedAt least 3 hrs ethics & NJ L,R,RCourse or program on OSHA
Excess CEUs cannot be carried over to the next year. T or F True
Are CEUs required in 1st license renewal period? Nope
Courses approved by Board for CEUs college coursescont. ed. coursescorrespondence/tutorials seminars/workshops/prof. conferencesteachingpublished papers/articles/books
Preneed providers must monitor attendance and ensure completion of the lesson for credit. T or F True
How long must CEU records be kept? 5 years
What type of license no longer exists in NJ? Inactive
Will the board grant a waiver for failure to complete CEU’s? Up to their discretion, must apply in writing 3 months prior to expiration due to hardship, disability, illness or good cause
Are government employees allowed to actively engage in mortuary science? No– exempt from CEUs as wellAlso active military exempt
License reactivation requirements submit application, cert. of employment and fee for license, 10 CEUs from previous period unless have different states CEUs
License given to a fd
Certificate of Registration given to the establishment
NJ combo license Funeral Director and Embalmer
Cert. of Registration Fee $700 every biennial year (even years)$350 if initially registering during an odd year
License Fee $350 every biennial year (odd years) $175 if initially registered during an even year
Intern Registration Fee $125
Board consists of: 8 licensees4 public members 1 state gvt member
Board term lengths 3 years, can be reappointed 5 years experience required if licensed
Funeral Director must register annually where you practice. T or F True
A funeral director does not need to carry their license card on them at all times. T or F False– Treat it as an intern card
Change of Personal Address Contact state board within 10 days of moving
Change of FH ownership contact board within 5 days of ownership
Veterans death notification out of state veterans death reported to county official if nobody in charge and being buried in cemetery
License is required for IntermentsDisintermentsCremations
How long do you wait before cremation can take place? 24 hrs
How long to wait before disposition of unclaimed cremated remains? 1 year
How many days do you have to file a WFNJ-11 to get paid for welfare/Medicaid funerals? 30 days
What are the food restrictions? FHs can serve food and beverages if non-alcoholic and the food is not prepared in the fh. Food cannot be served where a body is prepared
Solicitation is prohibited in NJ. T or F True. Can only direct mail
Can more than 1 body be placed in a casket? must have NOK approval, decedent, and cemetery
Mortuary any place devoted to or use for practice of any branch of funeral directingany premises of any kind used for the practice of any branch of mortuary science used in preparation/care of the dead body for disposition and transportation
What constitutes a mortuary? 5 or more funerals a year except publicly owned buildings, places of worship, and fraternal organizations
What must anyone who owns, operates or maintains a mortuary have? Certificate of Registration Use name registered with BoardCorporate Designator
Can you collect a lock of hair for family, DNA via cheek swab, nail clippings, or blood? Yes
Can posts be done at fh? Yes
Corporate Designator Inc.Corp.Ltd.must use with mgr. requirements
Certificate of Registration is good for how many locations? 1
Are Cert. of Reg. transferable? Nope
NJ alternative manager titles must designate one of the following:Manager Senior Director Executive Director
How many Cert. of Registration do you need for a mortuary with a physical separation? 2
What must happen before a cert. of reg. is issued? new installation inspection
How many FH’s can operate out of one facility? Max of 3 with each owning their own cert. of reg., sign, phone, letterhead etc
Pricing Restrictions on Similar ownership of different mortuaries operating out of the same building pricing for each registered mortuary must be identical
What must a mortuary consist of? 1 viewing roomequipment, lavatories and facilities suitable for general publicseparate and distinct living quarterssignageprivate preparation room solely for that purpose
FH signage clearly visible from the street
Manager signage “at or about main entrance name/title must be letters 1.5″” high”
Can mgr info be on the FH sign? Yes
Closing a fh discontinue phone/account #discontinue advertising remove signreturn cert. of reg.send preneed ledger to SBcontact prepaid holders ASAP or at least 5 days before closing or bankruptcy evidence to SB the EDRS acct is closedinform SB of individuals in charge of records
FH Record Keeping keep last 7 years with first year available immediately and last 6 within 2 weeks
Proprietorship operate under surname of licensed owner-not a trade name
Partnership agreement signed by all partnersCC or partnership agreement cert of assumed name if any
Corporation cert of incorp. charter with appropriate clausename/address/tele # of officerscorp resolution designating mgrmgr letter accepting position
LLC managing/operating member name/address/tele #statement stating mgrmgr acceptance letter
Renting the FH 3x a year onlymanagers/owners write to SB before to get approval obit cannot included place using fh unless the fh allowing rental is included
Rental agreement send to board:firm and mgr namebeing used and userdecedent namedates of usereasonobit
Who can rent a FH? only the holder of the cert of reg
How is Manager used? on all stationary, Bill heads, advertising, where firm name is used ex. price lists, signage, social media
Embalming Requirements must be embalmed after 48 hrs
Refrigeration Requirements 45° although OSHA says 40°
Prohibited Embalming Compounds arsenic leadmercury zincsilverantimony chloralany poisonous alkaloidcoppercyanogen
Transportation must embalm if by common carrier and cannot reach destination under 24hrs or died of communicable disease cannot bring body into state after 48hrs if not embalmed (private carrier)
communicable disease smallpoxchloreayellow fevertyphus feverplague
Common Carrier Communicable Disease Requires hermetically sealed casketlicense for transportation embalming special DoH license and approval from DoH
Transport Human Remains DC & BP/Transit Permit required for burial in NJ and to remove from NJBP/Transit permit accepted if died out of state
Communicable Disease Disinterment only if hermetically sealed metallic case or if buried for more than 3 years and embalmed
Embalming Misc treat viscera and return with bodymark containers of embalming fluidcover body at all timesimpervious apron or smock
Who can be present for embalming? licensees and employees instructions teaching similar mort. science courseinternspublic officials in discharge of their duties doctors/nursesfamily or repreligious/ritual prep
Recordkeeping full accurate record kept by fh when conducted or participated in ANY mannerelectronic is OKnumber consecutively at time of arrangements madeannualized basis
Records to Include SFG&S and Funeral BillCemetery/Crematory ChargesClergy: Name/address, honorarium if fh paidName and Lic no. of embalmer/intern performing prep and religious prep with location performedname of removal personnel date of disposition copy of final billcopy of completed dcBP if out of state deathcopy of DC correctionsdisinternment permit if applicable
SFG&S I Profesional ServicesII Other Staff and Related Facilities III Transportation IV Merchandise V Cash DisbursementsOptional Pkg ServicesGrand Total
SFG&S Format FH infoName/address/tele #mgr w/ lic. nofuneral file no.deceased w/ name/address/sex/dobdate and place of deathperson making arrangements name/address/date of arrangements signature of licensee w/ license nodate arrangements madesignature of person making arrangements PROVIDE COPY TO CONSUMER IMMEDIATELY Must be on a single pageno contract, promissory note, payment terms or non related items
Cemetery Reccordkeeping name of deceasedplace of deathdate of burialname/address of fh
Crematory Recordkeeping Deceased name, last residence, age, place and date of death NOK name and address FD name and address Date of cremation Disposition of Cremated Remains (from crematory)
SB Inspector Inspect fh for cleanliness view bodies if necessary inspect licenses and cert. of regverify employment and credentials of internsvisit embalmings/funerals in progress (respectfully)visit cemetery/crematory/mausoleum to ensure compliance with lawother duties ordered by the board
Inspector Requirements NOT active licenseesemployed by Enforcement Division of AG Office
Interns 2 years75 embalmings75 funerals25 arrangements monthly reports sent and received by the 15th of month$125 registration feeapplication on SB website
Intern Academics 2 yr 60 credits= 2 yr internship3 yr 90 credits= 1 yr internship0 year concurrently working to 60 credits= 2yr internship3 year internship maxat least 8 credits a semester, 2.0 GPA and transcripts sent semesterly
Intern Absence report to board within 5 days if 30 more more days
To get Licensed pass NBEpass JPpass practical (need intern card)answer questions on app.
Preceptors cannot he convicted of a crime in 5 years which is moral turpitude related to fscannot have license revocation, suspension or surrender from any board
Can interns make funeral arrangements or give price quotations? yes on behalf of their preceptors and must have preceptor execute the SFG&S
How to pass the JP? 70% or better from scaled scoring
Practical after you pass jpwithin 90 days before or after internship endspay $75 feewait 30 days to retake if failed and repay
The JP results are good for how many years? 3
FH intern requirements must have case volume of 25 calls per year excluding stillbirth2 maximum per firm but 1 per license
Reciprocity NJ with NY and PA to take out funerals
NJ license by credentials at least 2 years in another state immediately priorsame education and experience credentialsgood status from all statespay fees jp
You cannot renew your license if failure to pay student loans? T or F True
Sanctions for Violations Up to $10,000 for first offenseUp to $20,000 for second offense and subsequent ones + payment of costs
Costs to Repay Include cost of investigationtime of investigatorsexpert witnessesattorney feestranscripts, etc
Restitution from the board: cannot make you repay more than three cost of service/merchandise
SB fines $1500 did not create at need SFG&S for preneed performed$350 OBCL disclosure missing$1000 SFG&S not in compliance$250 no CPL$100 no ventilation in prep room$250 no 50% disclosure statement$50 no mgr license displayed$600 no h/c wash basin in prep room$300 prep room lacking required instruments
Vital Statistics Department local board creates rules to regulate burials/disintermentsmay prohibit public funerals for communicable diseasesfine of $50BP cost $5
Modes of Disposition burialcremationdonationentombmentremoval from statedonation/burialdonation/cremationremoval from state/burialremoval from state/cremationother
Where to file DC? 3 places you can in town of FHtown of cemeteryplace of death municipality
Pronouncement of Death attending physician is expected amd sign DC within 24hrs (lol)doctor or RN canin every instance: written police report, describe circumstances, copy to physician asap
Where can RN’s pronounce a death? Home or residence of deceased long term care facility nursing homehospital
Depth of burial “at least 4ft of dirt3’6″” for infants shorter than 4ftdoes not apply when properly constructed private vault is used(basically when just caskets are used this requirement exists)”
Receiving Vaults unembalmed- 48hrs5ft below earth surface or to prevent escape of gases
Temporary Burial allowed up to 4 years BP marked temporary casket identified temp info on casketno disinterment if same cemetery or fd requiredreceptacle properly markedcemetery to notify in writing 7 days prior to move
Can you temporarily store a communicable disease death? Nope
Do you need a disinterment permit if marked a temporary burial? Nope
Disinterment requires direction of court or permit from local boardrequires consent from all in the grave space if multiple burialsto increase depth of burial when previous vaulted interment=no permit
Multi owner niche disinterment permit requires 1 signature
Professional Misconduct to: payoffer to payreceive any type of referral fees
Right to Control spouse (civil union partner or domestic)majority of childrenparentsmajority of brothers and sisters
NJ Welfare Cannot authorize cremation but will reimburse the expense
NJ annual SB meeting is Maythey elect a secretary and president
Can surname of unlicensed person appear in name of fh? Yes but its a tradename
Can any licensed physician perform an autopsy in NJ? Yup just need consent
Who can consent to autopsy? consent of 1 (thanks that really helps)
Preceptor Licensed Req. must be licensed at least 2 years and sign affidavit at end of internshipHave to give reason if not willing to sign
Transport Human Remains DC & BP/Transit permit required for burial in NJ and to remove from NJ
Telephone Price Disclosures must offer info on phone with accuracy from GPLMgr may designate employee if unlicensed to provide such infoAnything NOT on GPL must be referred to interns or licensee
How long to keep documents GPL 3 yearsCPL 3 yearsOBCPL 3 yearsSFG&S 7 years
NJ Only Required Formatting for Price lists address/telename/lic no/title of mgrmultiple ownership disclosure
NJ Only GPL Required words name of mgr/lic no50% ownership disclosure
SFG&S 2019 Changes “””This statement is subject to change by agreement of both parties””check boxes for sex removedsanitary care w/o embalming-> “”other prep of the body””use of facilities & staff for viewing to visitation (viewing)added to “”use of equipment and staff for graveside”” the line “”including accompaniment of remains to place of final disposition””receiving and forwarding remains on different lines””if an optional packaged service is selected, categories 1-3 are not applicable”” to “”if you select an optional package, see gpl for a list of included services””clergy/church-> officiant/place of worshipnewspaper notice to obituary chargespallbearers removedprice reduction removed but can be written above grand total”
NJ preneed must he revocable unless ssi/Medicaidcannot charge more for preneed than current gpldeposit funds within 30 days (not in fh acct)
Preneed ledger all active prepaid arrangementskeep at fhupdate monthlyinclude record of refundscertify records exist upon license renewal
Preneed Ledger to board change of ownership or mgrclosurebankruptcytransfer of locationdeath of owneralso send to new owners/mgr 10 days prior
Preneed Ledger Concepts notify holders for change in ownership or cert of reg they can transfer or obtain refundshave 30 days to do sorevoke anytime 14 daystransfer to another fh 10 dayssever insurance from arrangements 3 days to notify insurance co
Revocation of Preneed By purchaser prior to deathrecipient prior to deathnok after death
Insurance funded preneed need insurance license to sellreceipt of commission in boldcancelation will not result in refund of premium cancelation or lapse will leave insufficient fundswritten notice to change from trust to insurance co
Notify SS if refund of irrevocable $500 or more
advertisement any attempt, direct or indirect, by publication, dissemination, circulation or broadcast through the public media to indicate any person or entity to purchase or enter into an agreement to accept mortuary or funeral services or merchandise
Public Media newspapersmagazinesperiodicals professional journalstelephone directoriesbillboardssignstv & radioariel displayscirculars/handbils/flyerslettersanything to communicate to public
Ad Content must use name as registered with Board unless small novelty items which are 2 lines or less and must include town and name
What must an advertisement include? FH nameaddresstelephone #mgr w/ title and lic no
Rules of Ads all licensees who are principals, partners, or officers are responsible for content of ads
How long do you keep advertisements? 3 years and made upon request to board
Can you deceptively or mislead in any advertisement? Nope
Unlicensed Statement unlicensed and not qualified to make funeral arrangements, embalm or conduct funerals
Must a fh be open to advertise? Yes
Testimonials representative has to have personal experience with firm or licensee
Are you allowed to claim superiority? Nope
Price Advertising must include manufacturer and model #disclose all services includedno additional charges can be made unless specifically noted
Logo advertising signature
Do you subtract the fh logo from the price in an obit if you use one? Yes, family is not required to pay by law
Business Cards can be used by anyone and must state their position if unlicensed
What do business cards include? licensees name+title or position license # w phrase N.J. Lic. No.
Intern Business Card Registered InternN.J. Intern Registration No.
Fees Application $50Late Renewal $100Change of Mgr $35FH Name Change $40Duplicate Lic $25Replacement, embossed cert of reg $25Reinstatement $125Verification of Lic $25