November 2003
The Director - Features
NFDA Code of Professional Conduct
Why did NFDA feel it was necessary to develop an enforceable Code of Professional Conduct?
NFDA’s goal is to raise the bar as to the meaning and value of NFDA membership, both to funeral directors and to the public, by holding its members to the
highest standards of professional and ethical conduct.
What does NFDA mean by “enforceable”?
Agreeing to comply with NFDA’s Code of Professional conduct will be a condition of membership. All complaints filed will be investigated and resolved, if possible. If necessary, action will be taken regarding the NFDA member.
How does the enforceable code protect consumers?
Consumers will know that NFDA members have pledged to conduct themselves as ethical, responsible and caring professionals. Additionally, NFDA members will be held accountable for their actions.
What kinds of negative actions by funeral director’s would NFDA find applicable to the enforcement aspect of the code?
NFDA’s Code of Professional Conduct addresses the obligations of funeral professionals in five key areas: obligations to the family, obligations for the care of the decedent, obligations to the public, obligations to the government, and obligations to NFDA. Each area begins with an ethical principle that sets forth the goals and ideals of the profession, which every funeral professional should strive to achieve. They serve as the justification for the specific requirements of the code.
Each ethical principle is followed by the applicable section of the code, which lists specific types of conduct either required or prohibited as a condition of membership in NFDA. For example, the ethical principle pertaining to service to families states: “Members have an ethical obligation to serve each family in a professional and caring manner, being respectful of their wishes and confidences, being honest and fair in all dealings with them, and being considerate of those of lesser means.” The first of nine specific practices addressed in the corresponding section of the code states: “Members shall provide funeral services to families without regard to religion, race, color, national origin, sex, sexual orientation or disability.”
NFDA’s Code of Professional Conduct addresses 32 specific practices, with which NFDA members will agree abide, beginning in January 2004. The complete code document is available within the membership information section of NFDA’s Website at www.nfda.org/membershipinformation.php.
Who developed NFDA’s Code of Professional Conduct?
The NFDA Executive Board created a task force in 2002 to draft the code, recommend enforcement procedures and recommend the changes necessary to NFDA’s Constitution & Bylaws to implement enforcement procedures. Recommendations adopted by the NFDA House of Delegates in 2002 included charging the NFDA Policy Board with the responsibility to approve the code and any subsequent changes over time, and charging the NFDA Executive Board with the responsibility of enforcing the code via a Code of Conduct Committee.
NFDA’s new code was considered over a six-month period by the Executive Board, the Policy Board and state associations. The NFDA Policy Board adopted the new code on October 19, 2002.
What is the enforcement process?
Detailed enforcement procedures will be published in next month’s issue of The Director, but here is a general overview of the process:
Following the filing of a complaint, the chair of the Code of Conduct Committee will make a preliminary determination that the complaint is directed against an NFDA member and alleges an act or omission that could be a violation of the NFDA Constitution, Bylaws or Code of Professional Conduct. If it does not, the chair will notify the complainant that the committee will not accept jurisdiction and explain the basis for the finding. The chair may also decline to take jurisdiction if the matter is also subject of a complaint filed with a state association.
Complaints within NFDA’s jurisdiction will be fully investigated by committee members, working in conjunction with NFDA staff, and a case report will be issued. Within 10 days of receipt of the case report, the chair will take one of the following actions: attempt to mediate the complaint, refer it to a hearing panel, or dismiss the complaint.
The hearing panel may decide to impose no disciplinary measures or decide to impose one or more of the following disciplinary measures: reprimand, probation, suspension, or termination.
Rights to appeal to the NFDA Executive Board are built-in throughout the process.
Who can file a complaint?
Anyone will be able to file a complaint, but they must do so in writing and sign the complaint. NFDA will make the complaint forms readily available via mail, fax and its Website.