April 2012

Dear Members,

Beware of Interns! Funeral directors offering intern positions to graduating students need to know that if they are not in a position to offer permanent employment after the internship, they may be forced to pay unemployment compensation to the departing intern. A western Pennsylvania Funeral Home recently lost an appeal before the Unemployment Compensation Board of Review for an intern that was told at the onset of the internship that there would be no permanent position available. The intern served the internship, separated from the funeral home and filed for unemployment compensation. The Referee's findings concluded that because the employee was not separated due to willful misconduct or a voluntary quit, that unemployment compensation should be awarded.
Source: Kathleen Ryan, Esquire, PFDA General Counsel

New Member of the State Board William Harris was sworn in as a new member of the State Board of Funeral Directors at their March meeting. Bill is the owner and operator of the Harris Funeral Home in Johnstown and the Baker-Harris Funeral Chapel in Conemaugh. He is a former District 4 Governor and member of the PFDA Board of Governors. For many years, he served as a Cambria County Commissioner. Bill and his wife Deborah, have a son, John, who recently received his funeral director license.

Death Certificates for Active Duty Military, Veterans & Their Families In accordance with the Vital Statistics Law, 35 P.S. 450.807(c), the fee for certified copies for members of the armed forces of the United States and their dependents during their term of active service and for veterans with an honorable discharge shall be waived. Only the Division of Vital Records' central office and branch offices are authorized to issue certified copies free on military status. A Local Registrar may not issue Certified Copies of Death free on military status.

For Certified Copies of Death, the fee may be waived if the decedent was an Armed Forces member or related to the Armed Forces member as stated below:

• Surviving spouse of the Armed Forces member (unless he or she is remarried)
• Dependent child of the Armed Forces Member if he or she is unable to provide support for himself or is reported as a dependent on the Armed Forces member's Federal Income Tax Return. Documentation is required to prove dependency (example: copy of income tax return, copy of insurance waiver).
• Ex-spouse requesting on behalf of a minor child. Documentation is required.
• Executor or administrator of the veteran's estate or the veteran's deceased spouse's estate. Documentation is required if not surviving spouse.
• The funeral director listed on the death certificate.

Funeral Directors may request Certified Copies of Death issued free based on Military Status only for an eligible requestor as outlined above.

There are two ways to obtain Certified Copies of Death on military status. The first manner is the Funeral Director on record is eligible to submit an application for veteran copies at the time the death record is filed with a Local Registrar. The Funeral Director must complete an Application for Certified Copy of Death Record. Part 4 of the Application for Certified Copy must be completed indicating the Armed Forces Member identifying information. The Application and original death record will be mailed by the Local Registrar to the appropriate Division of Vital Records Branch Office for processing. The second means is the applications may also be processed in person at one of our five Public Offices. Note: The Harrisburg Public office will begin issuing 2012 death certificates later this year in conjunction with new computer software.
Source: Debra Romberger, RHIA/Director, Division of Vital Records

Legal Corner ....

Question: May we speak to an employee's doctor to understand more about the employee's disability and any accommodations that may be required?

Answer: If an employee requests an accommodation under the American with Disabilities Act as amended (ADAAA), the employer must know the nature of the disability so that possible accommodations may be sought. The employee (or applicant) must advise his/her physician to release relevant medical information to the employer. In this circumstance, employers may forward a job description to the physician to obtain a medical opinion regarding the
employee's (or applicant's) ability to perform the various duties of the job.

Question: When nursing homes or hospitals contact a funeral director to transfer deceased patients to their funeral home without first contacting the next-of-kin, and when there is no funeral home listed on the decedent's admission sheet, do they have the right to authorize removals?

Answer: Nursing homes, hospitals or other such facilities do not have the right to authorize the transfer of the deceased. For your own protection never let a facility staff intimidate you into making a removal. Wait until the appropriate party contacts you and authorizes you to take possession of the body. Remember, removal and authorization to embalm the remains must come from the person(s) with the legal right to disposition consent to do so. Under the State Board regulations at 49 Pa. Code §13.202 (11) - Unprofessional Conduct includes, "Furnishing embalming, other services or merchandise without having obtained written permission from a family member or other person authorized by law to make funeral arrangements for the deceased. Oral permission to embalm, followed by a confirmatory e-mail, fax, telex, telegram, mailgram or other written confirmation will be acceptable."

Employee Rights Notification Posting The National Labor Relations Board (NLRB) has announced that the effective date for posting its employee union rights notice is April 30, 2012. Private sector employers, including funeral firms, are required to post an 11" x 17" employee rights notice poster. The notice and posting requirements are available for free at the NLRB's website www.nlrb.gov.

FTC Report of Consumer Complaints Against Funeral Professionals in 2011 The Federal Trade Commission recently published its annual report of the top ten consumer complaints for 2011. Complaints against funeral professionals were included in the "other" category.

There were 1,228 complaints involving funeral service, which is 0.07% of total complaints. Although that number is statistically equivalent to zero, it is a sharp increase from the two previous years, when there were 280 and 408 funeral complaints respectively. To view the report visit http://www.ftc.gov/opa/2012/02/2011complaints.shtm.

Is More Federal Regulation Needed? In a report released in January 2012, the General Accountability Office (GAO) survey found that about three-quarters of all U.S. states either believe that existing federal oversight of the funeral/cemetery industry is sufficient or simply have no opinion on the matter. The GAO was asked to review the regulation of the death care industry following the introduction of the proposed Bereaved Consumer's Bill of Rights Act in 2011 by U. S. Representative Bobby Rush (D-IL). The proposed legislation, which was in response to various media reports of desecrated graves, misplaced bodies and mismanaged preneed funds, would require the FTC to establish rules governing cemeteries, crematories, preneed sellers and third party funeral merchandisers, in addition to funeral firms and directors.

The GAO report entitled "State Regulation of the Death Care Industry Varies and Officials Have Mixed Views on the Need for Federal Involvement" is an updated version of a similar study the agency conducted on death care regulations in 2003. This report discusses (1) how federal and state governments regulate the industry and how regulation has changed since 2003 and (2) state regulators' views on the need for additional regulation.

The GAO's 2011 study focused on five areas: preneed sales, funeral homes and directors, cemeteries, crematories, and third party providers. GAO is not making any recommendations in this report. To read the complete report, go to www.gov/assets/590/586972/pdf.

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PFDA Annual Convention & Expo
June 11-14, 2012
Holiday Inn Harrisburg/Hershey
Grantville, PA

Full convention details can be found at www.pfda.org.
Contact PFDA with questions or to register at 800-692-6068 or joann@pfda.org.

Common OSHA Violations by Funeral Homes According to OSHA, the most cited workplace violations by funeral homes continue to be hazard communication and respiratory protection. Funeral Directors also have been cited for violations involving the bloodborne pathogen standard, formaldehye standard, electrical wiring (including the non-permissible use of extension cords where permanent wiring should be used) as well as electrical grounding violations.

Seeking Entries for the female funeral director who has been practicing the longest in the funeral profession at a PFDA member firm We want to recognize your service to the funeral service profession at the PFDA convention and present you with an award at the Board of Governors dinner on Thursday, June 14, at the Hotel Hershey. Please complete the enclosed form and return it to the Association office by April 22.

REMINDER: Service of Remembrance Ceremony Presidents and Secretaries of local associations & PFDA members are reminded to submit the names of deceased members & immediate family members to be remembered at the Service of Remembrance at the PFDA convention on Please return the enclosed form to the association office by April 16.

Don't Miss Out on Your Milestone Anniversary Award! Please complete the enclosed forms to be honored for 25 or 50 years as a licensed funeral director, and to have your firm recognized for 50, 75, 100 or more years of service at the PFDA convention on Wednesday, June 13, at 11:00 a.m. in the Winners Circle Room.

Website Address Correction The correct address for the section on the PFDA website to obtain information and a sample Social Media Policy for your funeral home is www.pfda.org/pfda-social-media.

In Remembrance

John L. Confer, age 86, died February 28, 2012, at the Williamsport Home. His son, John, is a licensed funeral director and a member of the Central Pennsylvania Funeral Directors Association.

Paul S. Terry, Jr., died on March 7, 2012 in the Chestnut Hill Hospital. He was the former owner/operator of the Terry Funeral Home in Philadelphia.

Joseph J. Stutz, Jr., age 84, of Mount Carmel, died on February 23, 2012 at Emmanuel Nursing Center in Danville. He was a licensed funeral director for more than 61 years. He owned and operated the Joseph J. Stutz Funeral Home in Mount Carmel. His son, Joseph J. Stutz, III, purchased the business, and his father continued to work with him for many years at the funeral home.

John S. "Jack" Snyder, Jr., age 83, of Waynesboro, died at his home on February 23, 2012. He was the former owner and operator of the former John S. Snyder, Jr. Funeral Home in Waynesboro.
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Alexander D. (Ollie) Gubbiotti, age 52, of Exeter died on March 16, 2012. His sister, Marilyn Gubbiotti, is the District 5 Governor and serves on the PFDA Board of Governors. She is a member of the Luzerne County Funeral Directors Association.

Complete obituaries are available on the PFDA website at www.pfda.org

CLASSIFIEDS

PA LICENSED FUNERAL DIRECTOR Full time position available at Central PA funeral home with average call volume of 130/year. Funeral Director should be comfortable in the family conference setting as well as the preparation room. Competitive salary, paid vacation, and excellent scheduling. For more information, or to schedule an interview, please respond in confidence to File No. 2012-6, PFDA, 7441 Allentown Boulevard, Harrisburg, PA 17112

PA LICENSED RESIDENT INTERN OR NEWLY LICENSED FUNERAL DIRECTOR A three location, family-owned funeral home is looking for a resident intern or newly licensed funeral director. Possible long term employment opportunity and benefit package. Please mail or email your resume to Stradling Funeral Homes, Inc., P. O. Box 92, Ephrata, PA 17522 or info@stradlingfuneralhome.com.

SEEKING INTERN POSITION Recent mortuary school graduate is looking for an internship at a PA funeral home. Please respond in confidence to File No. 2012-7, PFDA, 7441 Allentown Boulevard, Harrisburg, PA 17112

SEEKING FUNERAL DIRECTOR POSITION PA licensee experienced in all aspects of the profession seeking a funeral director/embalmer position in the Pittsburgh area. I am also a Certified Crematory Operator. Please respond in confidence to File No. 2012-5, PFDA, 7441 Allentown Boulevard, Harrisburg, PA 17112

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