Texas Funeral Ebook Continuing Education

§ 453.2 Price Disclosures (a) Unfair or Deceptive Acts or Practices. In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for a funeral provider to fail to furnish accurate price information disclosing the cost to the purchaser for each of the specific funeral goods and funeral services used in connection with the disposition of deceased human bodies, including at least the price of embalming, transportation of remains, use of facilities, caskets, outer burial containers, immediate burials, or direct cremations, to persons inquiring about the purchase of funerals. Any funeral provider who complies with the preventive requirements in paragraph (b) of this section is not engaged in the unfair or deceptive acts or practices defined here. (b) Preventive Requirements. To prevent these unfair or deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in § 453.4(b)(1), funeral providers must:

however, that funeral providers do not have to make an outer burial container price list available if the funeral providers place on the general price list, specified in paragraph (b) (4) of this section, the information required by this paragraph. (ii) Place on the list, however produced, the name of the funeral provider’s place of business and a caption describing the list as an “outer burial container price list.” (A) Give a printed or typewritten price list for retention to persons who inquire in person about the funeral goods, funeral services, or prices of funeral goods or services offered by the funeral provider. The funeral provider must give the list upon beginning discussion of any of the following: (1) the prices of funeral goods or funeral services; (2) the overall type of funeral service or disposition; or (3) specific funeral goods or funeral services offered by the funeral provider. (B) The requirement in paragraph (b)(4)(i)

(4) General Price List. (i)

(1) Telephone Price Disclosure. Tell persons who ask by telephone about the funeral provider’s offerings or prices any accurate information from the price lists described in paragraphs (b)(2) through (4) of this section and any other readily available information that reasonably answers the question. (2) Casket Price List. (i) Give a printed or typewritten price list to

(A) of this section applies whether the discussion takes place in the funeral home or elsewhere. Provided, however, that when the deceased is removed for transportation to the funeral home, an in-person request at that time for authorization to embalm, required by § 453.5(a)(2), does not, by itself, trigger the requirement to offer the general price list if the provider in seeking prior embalming approval discloses that embalming is not required by law except in certain special cases, if any. Any other discussion during that time about prices or the selection of funeral goods or

people who inquire in person about the offerings or prices of caskets or alternative containers. The funeral provider must offer the list upon beginning discussion of, but in any event before showing caskets. The list must contain at least the retail prices of all caskets and alternative containers offered which do not require special ordering, enough information to identify each, and the effective date for the price list. In lieu of a written list, other formats, such as notebooks, brochures, or charts may be used if they contain the same information as would the printed or typewritten list, and display it in a clear and conspicuous manner. Provided, however, that funeral providers do not have to make a casket price list available if the funeral providers place on the general price

services triggers the requirement under paragraph (b)(4)(i)(A) of this section to give consumers a general price list. (C) The list required by paragraph (b)(4)(i)(A) of this section must contain at least the following information: (1) The name, address, and telephone number of the funeral provider’s place of business; (2) A caption describing the list as a “general price list”; and (3) The effective date for the price list; (ii) Include on the price list, in any order, the retail prices (expressed either as the flat fee, or as the price per hour, mile, or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale: (A) Forwarding of remains to another funeral home, together with a list of the services provided for any quoted price; (B) Receiving remains from another funeral home, together with a list of the services provided for any quoted price; (C) The price range for the direct cremations offered by the funeral provider, together with:

list, specified in paragraph (b)(4) of this section, the information required by this paragraph. (ii) Place on the list, however produced, the name of the funeral provider’s place of

business and a caption describing the list as a “casket price list.”

(3) Outer Burial Container Price List

(i) Give a printed or typewritten price list to

persons who inquire in person about outer burial container offerings or prices. The funeral provider must offer the list upon beginning discussion of, but in any event before showing the containers. The list must contain at least the retail prices of all outer burial containers offered which do not require special ordering, enough information to identify each container, and the effective date for the prices listed. In lieu of a written list, the funeral provider may use other formats, such as notebooks, brochures, or charts, if they contain the same information as the printed or typewritten list, and display it in a clear and conspicuous manner. Provided,

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Book Code: FTX1625

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