(i) Direct cremation; (ii) Immediate burial; or (iii) A closed casket funeral without viewing or visitation when refrigeration is available and when state or local law does not require embalming; and (B) Place the following disclosure on the general price list, required by §203.46(b)(5) of this title, in immediate conjunction with the price shown for embalming: “Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.” The phrase “except in certain special cases” need not be included in this disclosure if state or local law in the area(s) where the provider does business does not require embalming under any circumstances. (b) Casket for cremation provisions. (1) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to: (A) Represent that state or local law requires a casket for direct cremations; or (B) Represent that a casket is required for direct cremations. (2) To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in §203.49(a)(1) of this title, funeral providers must place the following disclosure in immediate conjunction with the price range shown for direct cremations: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers).” This disclosure only has to be placed on the general price list if the funeral provider arranges direct cremations. (c) Outer burial container provisions. (1) In selling or offering to sell funeral goods and funeral services to the public, it is a deceptive act or practice for a funeral provider to: (A) Represent that state or local laws or regulations, or particular cemeteries, require outer burial containers when such is not the case; or (B) Fail to disclose to persons arranging funerals that state law does not require the purchase of an outer burial container. (2) To prevent these deceptive acts or practices, funeral providers must place the following disclosure on the outer burial container price list, required by §203.46(b) (3)(A) of this title, or, if the prices of outer burial containers are listed on the general price list, required by §203.46(b)(5) of this title, in immediate conjunction with those prices: “In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements.” The phrase “in most areas of the country” need not be included in this disclosure if state or local law in the area(s) where the provider does business does not require a container to surround the casket in the grave. (d) General provisions on legal and cemetery requirements. (1) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for funeral providers to represent that federal, state,
(D) The services fee permitted by subparagraph (C) (iii)(I) or (II) of this paragraph is the only funeral provider fee for services, facilities, or unallocated overhead permitted by this part to be non- declinable, unless otherwise required by law. (6) Funeral providers may give persons any other price information, in any other format, in addition to that required by paragraphs (2) (5) of this subsection so long as the statement required by §203.47 of this title is provided when required. Rule 203.47 Purchase Agreement (Statement of Funeral Goods and Services Selected) (a) Funeral providers must give an itemized written statement for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. The Purchase Agreement must list at least the following information: (1) The funeral goods and funeral services selected by that person and the prices to be paid for each of them, unless there is a discounted package arrangement that itemizes the discount provided by the package arrangement; (2) Specifically itemized cash advance items. (These prices must be given to the extent then known or reasonably ascertainable. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given, and a written statement of the actual charges shall be provided before the final bill is paid.); (3) The total cost of the goods and services selected; (4) The complete description of all goods purchased as described in §203.46(2) (5) of this title. (b) The information required by this section may be included on any contract, statement, or other document which the funeral provider would otherwise provide at the conclusion of discussion of arrangements. (c) If a funeral provider’s graphically illustrated logo or a bold listing of the logo is included in an obituary, the funeral provider shall list separately the additional cost, if any, related to the inclusion of such logo in the cash advance portion of the Purchase Agreement. (d) If a funeral establishment receives a dead human body from another funeral establishment, the receiving funeral establishment shall include under cash advances on the purchase agreement any amount owed by the customer for services provided to but not paid for by the customer. The receiving funeral establishment shall remit the funds collected from the consumer to the transferring funeral establishment. Services that may be charged by the receiving funeral establishment on behalf of the transferring funeral establishment include the following: (1) Removal; (2) Refrigeration; (3) Embalming, if authorized; (4) Transportation; and (5) Casket, if used. Rule 203.48 Misrepresentations (a) Embalming provisions. (1) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to: (A) Represent that state or local law requires that a deceased person be embalmed when such is not the case; or (B) Fail to disclose that embalming is not required by law except in certain special cases, if any. (2) To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in §203.49(b)(1) of this title and §203.50(a) of this title, funeral providers must: (A) Not represent that a deceased person is required to be embalmed for:
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Book Code: FTX1624
EliteLearning.com/Funeral
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