Third Ear Conflict Resolution

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The Intersection of Law & Ethics in the Funeral Profession

Attendees will develop a deeper understanding of why certain laws and ethical rules exist, connecting historical context with contemporary challenges and consequences. By the end of the course, funeral professionals will have knowledge needed to:

  • Develop policies that deter intentional and negligent errors, incorporating proactive conflict resolution techniques.
  • Identify and address common legal and ethical missteps, drawing lessons from recent industry cases.
  • Correct, punish, and make amends for errors that are not deterred, applying principles of accountability and restorative practices.

Contact hours:  1 Law

Course Outline

Introduction to Content and Presentation Goals

  • History of written laws or codes of conduct
  • Laws applicable to attendees
  • Profession-specific code of conduct (NYSFDA Code of Ethics)

Photo of people at a funeral exchanging documents

Key Presentation Points

History of Codes of Conduct

  1. Ur-Nammi Code
  2. Mosaic Code and Laws of Manu
  3. English Common Law and Magna Carta

Law

  1. General federal, state, and city or municipality laws
  2. Business and employment laws
  3. Profession-specific laws

Professional Ethics

  1. Originally applied to vows of religious order
  2. Around 1675, expanded to learned professions (e.g., divinity, law, medicine) and military
    • Honesty
    • Trustworthiness
    • Transparency
    • Accountability
    • Confidentiality
    • Objectivity
    • Compliant with laws
    • Loyalty and respect

Photo of funeral director placing a red rose on a casket

NYSFDA Code of Ethics

Obligations to the Family of the Decedent

  1. Cannot withhold release of the decedent’s body due to nonpayment (NYSFDA Code I-3, NFDA Code I-3)
  2. Must maintain confidentiality of protected information (NYSFDA Code I-5, NFDA Code I-6)
  3. Must exhibit competence and respect (NYSFDA Code I-6, NFDA Code I-7)
  4. Must maintain accurate accounting (NYSFDA Code I-7, NFDA Code I-8)
  5. Must exhibit integrity and professionalism (NYSFDA Code I-8, NFDA Code I-9)

Case Example (R.G. Ortiz):

    • Failure to ensure correct identification and transport of remains led to significant family distress and lawsuits
    • Allegations of remains left decaying due to delayed shipment, exploiting grieving families, misrepresenting prices, failing to provide services paid for

Care of the Decedent

  1. Must only use licensed embalmers (Public Health Law §3420, NYSFDA Code II-3, NFDA Code II-3, WCL §56
  2. Must follow the disposition agent document or laws regarding disposition (Public Health Law §4201(2), NYSFDA Code II-6, NFDA Code II-6 & 7)

Case Example (R.G. Ortiz):

    • Sending wrong remains internationally violates fundamental duties of care and disposition.

Obligations to the Public

  1. Conduct likely to defraud or deceive (NYSFDA Code III-1, NFDA Code III-1 & III-2)
  2. Soliciting human remains, even for a good cause (NYSFDA Code III-3, NFDA Code III-3)
  3. Managing alcohol or drug use, including prescription medication (NYSFDA Code III-5, NFDA Code III-5)
  4. Engaging in conduct that leads to felony conviction (NYSFDA Code III-6, NFDA Code III-6, WCL §114)

Obligations to the Government

  1. Licensure
  2. Compliance
  3. Cooperation

Case Examples:

    • FTC enforcement for Funeral Rule violations involving failure to provide casket price list (Blair-Mazzarella)
    • Fines, license suspension/revocation, significant lawsuits, large settlements (R.G. Ortiz)

Review of Key Presentation Points

    1. Codes of conduct, including laws, first have the intent to deter errors or harmful behavior.
    2. Because errors still occur, codes then seek to correct, punish, and restore those harmed to their pre-error condition (to the best of anyone’s ability).
    3. Codes also attempt to inspire effective behavior and rehabilitate those who err.