Section R4-12-302. Deceptive practices prohibited

A.      In selling or offering to sell funeral goods or funeral services to funeral services consumers, it is a deceptive act or practice for a funeral establishment, funeral director, embalmer, or agents or employees of a funeral establishment:

1.        To advertise for or solicit business through the use of deceptive, misleading or inaccurate statements or other information.

2.        To display or represent funeral merchandise or services in a deceptive or misleading manner. Failure to display to or show funeral services consumers inexpensive caskets and containers regularly offered for sale and stocked by the funeral establishment is deemed to be a misleading dis- play practice. Display of inexpensive caskets or contain- ers, or photos or facsimiles thereof, under less favorable conditions or circumstances, including poor lighting, merchandise damage or defacement or conditions inhibit- ing the consumer’s free choice of merchandise is also deemed to be a misleading display practice.

3.        To embalm a deceased human body unless:

a.         State or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make; or

b.        Prior approval for embalming (expressly so described) has been obtained from a family member or other authorized person; or

c.         The funeral establishment is unable to contact a fam- ily member or other authorized person after exercis- ing due diligence, has no reason to believe the family does not want embalming performed, and obtains subsequent approval for embalming already performed (expressly so described). In seeking approval, the funeral establishment shall disclose that a fee will be charged if the family selects a funeral which requires embalming, such as a funeral with viewing, and that no fee will be charged if the family selects a service which does not require embalming, such as direct cremation or immediate burial.

4.        To fail to promptly release upon request, deceased human remains to a family member, representative of the family or other person authorized by the family to take posses- sion of the remains.

5.        To make any false, misleading or unsubstantiated state- ments or claims, or in any manner imply that natural decomposition or decay of human remains can be pre- vented by embalming, or certain caskets, vaults or other burial containers, or to otherwise make any false, mis- leading or unsubstantiated statements or claims of water- tightness or airtightness of caskets, vaults or other burial containers.

6.        To reuse a casket or container previously purchased by or delivered to another decedent’s family and intended for or used in connection with the burial, cremation or other final disposition of the previous decedent. This provision does not apply to the rental of caskets, containers, casket shells or other devices used in connection with the funeral services if the funeral services consumer is informed of the rental arrangement.

7.        To bill or otherwise charge a purchaser for merchandise or services not actually provided by or arranged through the funeral establishment.

8.        To represent that the price charged for a cash advance item is the same as the cost to the funeral establishment for the item when such is not the case, or to fail to dis- close to purchasers that the price being charged for a cash advance item is not the same as the cost to the funeral establishment for the item when such is the case.

9.        To make disparaging statements concerning the quality, utility, suitability or durability of inexpensive caskets or containers without basis in fact.

10.     To make false or misleading statements concerning or otherwise engage in deceptive, misleading or fraudulent practices in connection with the advertising, solicitation or sale of prearranged funeral plans.

11.     To make any misrepresentations or omissions of material fact concerning funeral services, prices or the merchan- dise and services included in a stated price.

12.     To represent or insinuate that a direct cremation, immedi- ate burial, inexpensive funeral arrangements or inexpen- sive casket, container or unfinished wood box would be disrespectful or inconsiderate to the decedent or family members, or friends, neighbors or associates of the dece- dent or family.

13.     To disrupt the funeral arrangement process or funeral ser- vice, intimidate, harass or coerce a family member, with the intent to prevent such family member from exercising existing contractual or legal rights.

B.       Failure to substantially comply with the provisions of this Sec- tion shall be deemed to be evidence of gross negligence, repeated or continuous negligence or other professional incompetence.

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Amended

effective January 2, 1985 (Supp. 85-1).