○ You have no reason to believe that the family does not want embalming performed. ○ After embalming the body, you obtain subsequent approval. In seeking approval, you must tell the family that if they select a funeral where embalming would be required (such as a funeral with formal viewing), you will charge a fee, but that you will not charge a fee if they select a funeral where embalming would not be necessary (such as a direct cremation with a memorial service). If the family then expressly approves embalming or chooses a funeral where embalming is required, you may charge them for the embalming you performed. But, if the family chooses a funeral where no embalming would be required, you cannot charge for the embalming. Note : The required disclosure regarding embalming on the itemized Statement will let consumers know that they do not have to pay for embalming if you did not get their prior approval. Services Selected for at least one year from the date of the arrangements conference. You must make these documents available for inspection by FTC representatives upon request. Finally, your price lists cannot include any information that alters or contradicts the information the Rule requires you to give in those price lists. You can include other information on your price lists if you wish. But, this should not be done in such a way as to confuse or obscure the required information. enforces effectively the state requirement. An application for state exemption can be filed only by a state government agency. Funeral providers and trade associations cannot file for statewide exemption. If your state has obtained such an exemption, you only need to comply with your state regulations. If the Commission has not granted your state an exemption, you must comply with all state regulations, as well as the FTC Funeral Rule. You must comply with your state regulations, even if they are more stringent than the Funeral Rule.
On the Statement of Funeral Goods and Services Selected, you must explain the reason that you charged a fee for embalming. The reason may be that the family requested this service. However, if you tell a consumer that embalming is required for a specific reason (e.g., viewing or legal requirement), then you should list this specific reason on the Statement. Simply noting “family consent” for embalming does not convey the reason for embalming, only that the family has consented. 3. All of the following apply: ○ You are unable to contact a family member or other authorized person after exercising due diligence. In trying to contact the family, you must exhaust all means known, given the time constraints. Note : If refrigeration is available, you may be required to take more steps to contact the family and to obtain embalming authorization than if no refrigeration is available. Recordkeeping You must keep price lists for at least one year from the date you last distributed them to customers. You also must keep a copy of each completed Statement of Funeral Goods and Comprehension of disclosures You must make all the required disclosures to consumers in a clear and conspicuous manner. Your goal should be to present the information in a reasonably understandable form. In addition, the disclosures must be legible. The print or type must be large and prominent enough that consumers can easily notice and read the information. State exemption provisions State agencies may apply to the Commission for a statewide exemption from the Funeral Rule. The Commission may grant an exemption if it finds that: 1. There is a state requirement in effect that applies to the same transactions that the Funeral Rule covers; and 2. The state requirement provides an overall level of protection that is as great as, or greater than, the protection provided by the Funeral Rule. If granted, the exemption will be in effect, as specified by the Commission, for as long as the state administers and
SAMPLE PRICE LISTS
The FTC provides these sample price lists to help you understand the Funeral Rule’s requirements. You do not have to adopt these sample price lists. They are only examples. In addition, the fact that the FTC staff has
developed these price lists does not mean that this format is the only appropriate one. A variety of formats will satisfy the Rule’s requirements.
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Book Code: FTX1625
EliteLearning.com/Funeral
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