Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 12 - Board of Funeral Directors and Embalmers › Article 3 - REGULATORY PROVISIONS › Section R4-12-302 - Deceptive Practices Prohibited

Current through Register Vol. 30, No. 28, July 12, 2024
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 display practice. Display of
				inexpensive caskets or containers, or photos or facsimiles thereof, under less
				favorable conditions or circumstances, including poor lighting, merchandise
				damage or defacement or conditions inhibiting 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 family member or other authorized person after exercising 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 possession of the
				remains.
5. To make any false,
				misleading or unsubstantiated statements or claims, or in any manner imply that
				natural decomposition or decay of human remains can be prevented by embalming,
				or certain caskets, vaults or other burial containers, or to otherwise make any
				false, misleading or unsubstantiated statements or claims of watertightness 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 disclose 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 merchandise and services included in a stated price.
12. To represent or insinuate that a direct
				cremation, immediate burial, inexpensive funeral arrangements or inexpensive
				casket, container or unfinished wood box would be disrespectful or
				inconsiderate to the decedent or family members, or friends, neighbors or
				associates of the decedent or family.
13. To disrupt the funeral arrangement
				process or funeral service, intimidate, harass or coerce a family member, with
				the intent to prevent such family member from exercising existing contractual
				or legal rights.