reasonable period after the information becomes available. E. A funeral director shall certify a statement of funeral goods and services with the funeral director’s license number and signature before conducting final services or within five days after the purchaser signs the statement, whichever is earlier. 32-1374. Price list requirement; exemption When a licensee or registrant makes arrangements by interstate telecommunications to perform services in this state with any person residing outside this state, the licensee or registrant is not required to provide the written price list required pursuant to section 32-1371. 32-1375. Price lists; telephone information A. A licensee or registrant shall provide accurate information about the retail prices of funeral goods or services readily available for sale at the establishment at which the licensee or registrant is employed to any person inquiring about these prices by telephone. B. If a person requests a price list by telephone, the establishment shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than two dollars. 32-1376. Consumer information pamphlet A. The board shall prepare and distribute to funeral establishments a consumer information pamphlet that provides the following information: 1. The meaning of terms used in funeral arrangements. 2. Legal requirements concerning funerals and the disposition of human remains. 3. A description of illegal practices. 4. A description of required disclosures to funeral consumers. 5. A description of the board’s responsibilities, including where complaints may be filed. 6. Other relevant information. B. A funeral establishment shall provide a copy of the consumer information pamphlet for retention to each person who personally inquires about funeral arrangements or funeral goods or services. 32-1377. Rules; relation to federal trade commission regulations Except as authorized by the provisions of this article, rules adopted by the board to implement this article shall be at least as stringent as federal trade commission regulations relating to funeral industry practices as authorized by the federal trade commission act as amended and in effect on July 19, 1994 (16 Code of Federal Regulations part 453). B. The board shall enter into an intergovernmental agreement with the department of financial institutions to examine and report on prearranged funeral trust accounts of funeral establishments and to review prearranged funeral trust sales and trust account forms and procedures used by funeral establishments. 32-1391.02. Prearranged funeral agreements; restrictions on sales A. A person shall not enter into a prearranged funeral agreement other than in accordance with the provisions of this article and the rules adopted pursuant to this article. B. The board shall adopt rules that require every funeral establishment that sells prearranged funeral agreements to give a standardized written or printed price list for retention to each person who personally inquires about prearranged funeral agreements.
professional services, and the charge for using automotive and other necessary equipment. 2. An itemization of charges for the casket or alternative container or alkaline hydrolysis container and any outer burial container. 3. An itemization of fees or charges and the total amount of cash advances made by the licensee or registrant for transportation, flowers, cemetery or crematory charges, newspaper notices, clergy honorarium, transcripts, telegrams, long-distance telephone calls, music and any other advances authorized by the purchaser. 4. The method of payment and any interest charges. 5. An itemization of any fees or charges not included in paragraphs 1 through 4 of this subsection. 6. The total amount of charges itemized and included pursuant to this subsection. 7. The location where the deceased will be held, embalmed or cremated or will undergo alkaline hydrolysis if the location is not the funeral establishment’s premises. 8. A statement containing the name, address and telephone number of any corporation, limited liability company, partnership or limited partnership that holds an ownership interest of ten percent or more in the funeral establishment or crematory. B. The statement of funeral goods and services delivered to the potential purchaser shall also contain a conspicuous statement informing the potential purchaser that a casket, outer burial container, alternative container used for cremation or covering used for alkaline hydrolysis may be purchased and used, at the option of the purchaser, in connection with the funeral services and final disposition of human remains, but that, except as provided pursuant to section 36-136, the purchase or use of caskets, outer burial containers, alternative containers used for cremation or coverings used for alkaline hydrolysis is not required by law. C. A licensee or registrant shall not bill or cause to be billed any item that is referred to as a cash advanced item unless the net amount paid for the item or items by the funeral establishment is the same as the amount billed by the funeral establishment. D. If the charge for any of the items prescribed in this section is not known at the time the contract is entered into, the licensee or registrant shall advise the purchaser of the charge for the item within a
Chapter 12, Article 5: Prearranged Funeral Agreements 32-1391.01. Powers and duties of the board A. The board shall adopt rules that: 1. Describe or define deceptive, misleading or
professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts. 2. Implement and interpret consumer disclosure requirements of this article to provide adequate information to purchasers of prearranged funerals. 3. Prescribe funeral establishment recordkeeping requirements concerning prearranged funeral trust sales and trust accounts and the handling and disposition of trust funds. 4. Define terms and develop forms and procedures to implement this article.
EliteLearning.com/Funeral
Book Code: FAZ0625
Page 13
Powered by FlippingBook