Section l. SPHERE AND FUNCTION OF THE FUNERAL SERVICE PRACTITIONER

In the United States, where Judeo-Christian tradition has fostered respect for the human dead and considerations of public health require protection of the living against infection or contagion, the direction of funerals and the disposition of human remains is entrusted to a specialized group: funeral directors.

The funeral director serves his fellow man and woman during one of the most trying periods that human beings experience. He/she is called to serve because the bereaved family has neither the training nor the facilities required for the funeralization and disposition of the deceased and the many corollary responsibilities. These services require specialized knowledge in the mortuary arts and sciences. Moreover, in his/her ministration to the bereaved, the funeral director must be empathetic and have a true understanding of the psychology of grief and the mourning processes.

It is his/her responsibility to counsel the bereaved family and to conduct him/herself in a manner that subserves their best interests and, at the same time, conforms to their wishes. The manner in which each funeral director approaches this task determines not only his/her own success, but the esteem with which the public regards the profession.

Section 2. ETHICAL PRACTICE

Ethics is the science of rectitude and duty. Its subject is morality and its sphere is virtuous conduct. It treats of the various aspects of rights and obligations. In essence, ethics is a set of principles that governs conduct for the purpose of establishing harmony in all human relationships. For practical purposes, ethics is fair play.

In the absence of a specific set of rules by which humankind is governed or through which he learns to govern himself in his relations with others, he is dependent upon traditional customs and practices as rules of conduct. This manual, therefore, is intended to suggest some desirable uniform rules of conduct by which all funeral directors may be guided in the practice of their profession. No code or manual can specify all the duties of the funeral director in every circumstance that confronts him or her. The present manual is designed merely to serve as a guide in promoting professional attitudes and insuring ethical conduct in many of the situations where neither custom nor tradition have provided a standard of practice that best serves the interests of the public and the profession.

PART II

PROFESSIONAL RESPONSIBILITIES

In the many services rendered by the funeral director, contact is required not only with the family, but with numerous other individuals, groups and agencies. This article outlines some of the professional responsibilities that must be met in these contacts.

Section 1. RESPONSIBILITY TO THE FAMILY

Subsection 1. Judicious Counsel

Experience qualifies the funeral director to be of great value to those whom he or she serves and it is a professional obligation to give judicious counsel.

In accordance with the wishes of the family, the funeral director must inform them concerning the time, the place and numerous incidental details of the funeral. Arrangements with the minister and the cemetery are generally part of this responsibility. Careful consideration must be given to the religious beliefs and practices of the family.

In counseling the family in the selection of the service and furnishings, the ethical funeral director considers their financial limitations. When once a funeral director is called by the family or their representatives and as a result of such call removes the body, he shall provide the necessary services and merchandise in keeping with the wishes and finances of the family or their representative. To encourage or allow an expenditure beyond the means or wishes of a family is both unethical and unprofessional.

Before the family selects the funeral service, the funeral director should explain the various aspects of the funeral and the costs as to the services and the merchandise he or she provides and as to that obtained from others such as cemeteries, florists and so forth. In such explanation, the funeral director should make clear the range of prices for funerals available. Also, the funeral director should welcome any questions or discussions as to that which is or is not required by laws and/or regulations to such laws.

The funeral director should review for the family the various death benefits and/or burial allowances that may be available to them such as those involving Social Security, the Veterans Administration, armed forces, labor unions, fraternal and other organizations. He or she will assist in the preparation and filing of the necessary forms to secure these benefits and allowances for the family. Where further professional assistance is required, the funeral director should suggest that the families seek the advice of other professionals.

When a family decides on the kind of services and/or merchandise desired, the funeral director shall provide a Statement of Goods and Services for the family to approve and sign showing (1) the price of the services and/or merchandise that the family has selected and what is included therein; (2) the price of each of the supplemental items of service and/or merchandise requested; and (3) the amount involved for each of the items for which the funeral director will advance monies as an accommodation to the family.

Subsection 2. Factual Representation

Misrepresentation is unethical and unprofessional. Representations concerning any aspect of the services rendered or the funeral furnishings or disposition alternatives should be full and factual. The meeting of the minds is an essential requirement in any transaction. This cannot be accomplished on an unfactual basis.

Subsection 3. Fulfillment of Contractual Obligations

Whether verbal or written, the funeral director is obligated to fulfill his agreements and contracts in every detail. To do otherwise is unethical and unprofessional.

Subsection 4. Confidential Relationships

During the funeral director's service to a family, information of a confidential nature is frequently acquired. Facts concerning the cause of death, expenditures for the funeral, the source of funds, or other information of a personal nature should be discussed only with members of the family or their authorized representatives. Every confidence must be held inviolate. Failure of the funeral director or employees to exercise the utmost discretion in all confidential relationships reflects an unprofessional attitude.

Subsection 5. Custody of Property

By the very nature of his work, the funeral director often becomes the custodian of personal effects of the deceased or of members of the family. The custody of items that have either a monetary or sentimental value represents a temporary trusteeship. Disposition of these items should be made at the earliest opportunity and in accordance with the wishes of the family.

Subsection 6a. Attitude Toward Organ and Tissue Donation

Members are urged to support the wishes of families who choose to authorize organ and tissue donation, if the organ or tissue are necessary and medically acceptable.

Subsection 6b. Attitude Toward Body Donation

Members are urged to support the wishes of individuals or families who choose body donations, if the body is needed and medically acceptable.

Section 2. RESPONSIBILITY TO THE CLERGY

Subsection l. Respect for Religious Creeds and Customs

The funeral is an outgrowth of religious practice. Consideration for the customs and mourning habits of all religious creeds and denominations is, therefore, a paramount obligation of the funeral director. It is his duty to understand the religious practices of each family served and to adjust his services to conform with their beliefs and the associated rituals.

Subsection 2. Deference To The Clergy

Before any funeral arrangements are made, the funeral director should determine, if he does not know, who is the minister, priest or rabbi of the deceased and/or the family. The funeral director should ascertain if such clergyman has been notified of the death. If this has not been done, the funeral director should suggest it be done and should offer to do so for the family, if desired.

When a funeral service is conducted in a place other than the church of the clergyperson, his or her wishes and desires should be considered to whatever extent possible, except that the wishes of the clergyperson shall be subservient to those of the family except where dogma is involved.

When conducting a funeral in a church, the policy rules and regulations of that church must serve as the guide to the conduct of the service. Any exceptions to such procedures requested by the family should be cleared with the clergyman or proper authority well in advance of the time of their actual performance.

The funeral director should remain alert to the needs of the families served and when the need for religious or pastoral counseling is indicated, should make proper referrals whenever possible.

In the matter of the honorarium or the stipend, the personal wishes of the clergyman should be respected. When the funeral director assumes the responsibility for the honorarium at the direction of the family, it is desirable to use a check for the transaction for record keeping purposes. If the clergyman does not accept honoraria, the family should be so informed in order that they may express their appreciation in other ways.

Section 3. RESPONSIBILITIES TO MEDICAL AND HOSPITAL PERSONNEL

Subsection l. Conformity With Health Laws and Regulations

The funeral service practioner is licensed for the purpose of promoting public health. Conformity with health laws and regulations is a legal responsibility. In addition, he or she shares with all medical and hospital personnel the professional responsibility of cooperating with all groups and in supporting all measures that promote the health of the public. Courtesy, tact and discretion should characterize all of his professional transactions.

Subsection 2. Information Concerning The Cause of Death

The funeral director and the attending physician have the joint responsibility of completing and signing the certificate of death. It is a matter of professional courtesy to cooperate to the fullest possible extent in this matter.

The medical examiner, physician - or the coroner if he has jurisdiction - is the final authority in determining the cause of death. All questions relating to the cause of death, as well as other medical data, should be referred to him. Information contained on the death certificate is confidential and should be discussed only with the physician, with members of the family or with authorized officials. Indiscreet discussion of these matters is unprofessional and may be embarrassing as well as detrimental to the best interests of the family.

Subsection 3. Attitude Toward Autopsy

Post-mortem examination of the human body is an essential instrument in the advancement of medical knowledge. Unwarranted discouragement of autopsy by funeral directors is unprofessional.

It is true that the performance of autopsies will frequently cause delay and inconvenience to the family and to the funeral director. Nevertheless, these difficulties can be minimized through cooperation between funeral directors and pathologists in understanding each other's problems.

Questions relating to autopsy should be referred to the family physician, pathologist, coroner or medical examiner.

Subsection 4. Funeral Director-Coroner

A funeral director who is also a coroner is not relieved of any of the professional imperatives of this Code or Manual of Professional Practice. It is unethical for a funeral director whether or not he is a coroner to use the coroner's office in the furtherance of his interests in the practice of funeral directing when such use subverts a family's free choice or unduly influences their judgment in the selection of a funeral director.

Section 4. RESPONSIBILITY TO THE CEMETERY OR CREMATORY

The work of the funeral director is not done until he has completed necessary arrangements with the cemetery of the family's choice or the available crematory. Information regarding the time of service, the type of outer burial container to be used or other pertinent information should be given the cemetery in ample time to permit full preparation for the interment. When there will be a cremation, the crematory should be informed thereof so the time of the cremation can be set.

If a funeral director assumes financial responsibility for payment of cemetery or crematory charges, then it is his or her duty to make payment at the proper time so that no situation arises that may embarrass either the family or the funeral director.

Section 5. RESPONSIBILITIES TO GOVERNMENTAL

AND OTHER PUBLIC AGENCIES

Subsection 1. Relations With The Licensing Board

Funeral Directors and Embalmers Licensing and Disciplinary Board is established by law to regulate the practice of embalming and funeral directing in a manner that will best serve the public health and welfare. The rules and regulations of this board are as binding as the law itself. Respect for the licensing authority and conformity with its rules and regulations is not only a legal requirement but is an essential aspect of professional practice.

Subsection 2. Relations With Other Agencies

There are numerous other agencies with whom the funeral director must deal in the conduct of business and in serving families. It is the responsibility of the funeral director to be fully informed concerning the functions of these agencies as they pertain to funeral service, to observe their rules and regulations, to prepare and file necessary forms and to assist clients in their transactions; in so doing, it is unethical to encroach upon the prerogative of other professions.

Section 6. RESPONSIBILITY TO THE PRESS AND PUBLIC

Funeral directors should be available to discuss with anyone all matters relative to the conduct of a funeral. Whenever possible, the funeral director should assume active leadership in seminars or discussions which will bring a deeper understanding to all concerned about death, the funeral and bereavement.

Professional attitudes are frequently revealed in dealing with the press. It is important that the obituary provide news of human interest and yet not reveal information that a family would prefer not to have published. This often requires the utmost discretion and resourcefulness on the part of the funeral director.

Harm can be done by trying to make headlines. At the same time, omission of information that reflects credit to the deceased and high standing in the community denies the family of honorable mention. The funeral director enhances the appreciation of his families and the press by releasing full and factual information that permits proper public evaluation.

PART Ill

Section 1. RESPECT FOR THE DECEASED

In the preparation of the deceased, a good general rule to follow is to show the same care and consideration that would be given to a member of the embalmer's or funeral director's own family. The body entrusted to the care of the funeral firm represents the cherished remains of a person who, in life, held the love and esteem of a family and friends. The funeral director and all members of his staff must keep this fact in mind at all times.

Only the members of the funeral director's staff or those persons authorized by the family should be in attendance during the preparation of the body.

Section 2. OPERATION OF THE FUNERAL HOME

The funeral director is responsible for the operation and management of the funeral home. The law extends her that privilege and, at the same time, holds him or her accountable. It is her duty to so manage the affairs of the funeral home that the highest interest of society may be served and the standards of the profession maintained.

Subsection 1. Employer-Employee Relations

The funeral director and employees have the joint responsibility of fostering and maintaining a happy professional relationship. A friendly atmosphere is most conducive to effective and efficient public service.

Each member of the funeral director's staff contacts the public at times. It is their responsibility to insure that each employee is properly trained for their duties. Moreover, these duties will be performed more effectively if the employee has reasonable assurance of job security, is adequately compensated for services, and feels that there is opportunity for advancement and increased income as he or she qualifies to accept greater responsibilities.

In turn, the employee has definite obligations to the funeral director. As the representative of his employer in all public contacts, her actions reflect credit or discredit upon the funeral director. Her personal appearance and conduct should be beyond reproach. It is the duty of employees to be loyal to their employer, to be diligent and trustworthy and to perform her work in the best possible manner in accordance with the desires of the owner/manager.

Effective employer-employee relations are maintained through mutual respect and consideration of each for the welfare of the other.

It is unethical and unprofessional for either the employer or employee to use confidential information or records to the detriment of the other, either during or following the period of employment.

Subsection 2. Preceptor-Trainee Relations

The preceptor-trainee relationship is an employer-employee relationship of a special character. The mutual obligations of employer and employee as outlined in the preceding section apply here, too. In addition, there is the relationship of teacher to student that imposes additional responsibilities.

The traineeship is a definite and important part of the education of the prospective embalmer and funeral director. It is the responsibility of the preceptor to provide opportunity for experience in all phases of funeral service under competent supervision, and to permit the trainee to assume progressively increasing responsibilities. Moreover, the trainee should inspire ideals of ethical practice and public service.

The trainee should welcome the privilege of furthering his or her education by applying themselves diligently to all duties assigned. They should take every opportunity to participate in every phase of maintenance, operation and management of the funeral home. Menial tasks are often essential and should be accepted in the same spirit as other duties and responsibilities that are assigned.

Mutual respect and consideration between preceptor and trainee is a prime condition for an effective traineeship. It is unethical and unprofessional for the preceptor or trainee to shirk their respective obligations.

Subsection 3. Proper Maintenance of Facilities

It is a matter of good business and sound professional practice for the funeral director to maintain the funeral home in a condition that gains public acceptance and merits public esteem. In particular, the funeral director is obligated to observe all health regulations designated to safeguard the health of the staff and the public. Such regulations should be viewed as a basic standard that serves as a guide for higher standards.

Subsection 4. Accuracy In Records

All records should give a full and factual account of past transactions. It is unethical to withhold from or insert in any invoice or other book or record any statement or statements by reason of which omission or insertion a false record is made, wholly or in part, of any transaction represented on the face of such invoices, book or record with the purpose or effect of thereby misleading or deceiving any client, organization or government agency.

Subsection 5. Aiding Or Abetting Practice By Unlicensed Personnel

It is unethical and unprofessional for a funeral director to aid or abet an unlicensed person to represent himself as a licensed embalmer or funeral director or to engage in practices reserved to the holders of such licenses.

FEA Constitution
Manual of Professional Practice, Part II
Resolving Ethical Dilemmas
Example Examination
Mini Case Studies
Biblical References
Common Sense and Everyday Ethics, Part I
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