reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.7 - General price list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funeral providers shall give a printed or typewritten price list for retention to persons who inquire in person about funeral arrangements or the prices of funeral goods or funeral services. The price list shall not contain any handwritten information. When people inquire in person about funeral arrangements or the prices of funeral goods or funeral services, the funeral provider shall offer them the list upon beginning discussion either of funeral arrangements or of the selection of any funeral goods or funeral services. The general price list shall contain at least the following information:
1. The name, address, and telephone number of the registered mortuary and the name, license number and title of the manager;
2. A caption describing the list as a "general price list";
3. The effective date of the price list; and
4. If applicable, a statement disclosing the ownership of other registered mortuaries, as required pursuant to 13:36-5.21.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.8 - Provision of Statement of Funeral Goods and Services Selected

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funeral providers shall provide a Statement of Funeral Goods and Services Selected for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. The Statement of Funeral Goods and Services Selected shall conform to the requirements of 13:36-1.9.
(b) The itemized cash advance prices shall be given to the extent known or reasonably ascertainable. If the cash advance 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.
(c) Funeral providers may give persons any other price information in any other format, in addition to that required by 13:36-9.5, 9.6 and 9.7 provided that the Statement of Funeral Goods and Services Selected required by this section is given when required.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.9 - Embalming provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In seeking or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:
1. Represent that State or local law requires that a deceased person be embalmed when such is not the case;
2. Fail to disclose that embalming is not required by law except in certain special cases.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.10 - Casket for cremation provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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:
1. Represent that State or local law requires a casket for direct cremations; and
2. Represent that a casket (other than an unfinished wood box or alternative container) is required for direct cremations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.11 - Outer burial container provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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:
1. Represent that State or local laws or regulations, or particular cemeteries, require outer burial containers when such is not the case;
2. Fail to disclose to persons arranging funerals that State law does not require the purchase of an outer burial container.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.12 - General provisions on legal and cemetery requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 or local laws, or particular cemeteries or crematories, require the purchase of any funeral goods or funeral services when such is not the case.
(b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the deceptive acts or practices identified in 13:36-9.9, 9.10 and 9.11, funeral providers shall identify and briefly describe in writing on the statement of funeral goods and services selected (required by 13:36-9.8 ) any legal, cemetery, or crematory requirement which the funeral provider represents to persons as compelling the purchase of funeral goods or funeral services for the funeral which that person is arranging.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.13 - Provisions on preservative and protective value claims

Current through Register Vol. 56, No. 14, July 15, 2024
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 represent that funeral goods have protective features or will protect the body from gravesite substances when such is not the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.14 - Cash advance provisions

Current through Register Vol. 56, No. 14, July 15, 2024
In selling or offering to sell funeral goods and funeral services to the public any cash advance items shall reflect the actual cost to the funeral provider.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.15 - Required purchase of caskets for direct cremations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 require that a casket other than an unfinished wood box or alternative container be purchased for direct cremation.
(b) To prevent the unfair or deceptive act or practice mentioned in (a) above, funeral providers must make an unfinished wood box or alternative container available for direct cremations, if they arrange direct cremations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.16 - Other required purchases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In selling or offering to sell funeral goods or funeral services, it is an unfair or deceptive act or practice for a funeral provider to condition the furnishing of any funeral good or funeral service to a person arranging a funeral upon the purchase of any other funeral good or funeral service, except as required by law or as otherwise permitted by this section.
(b) To prevent the unfair or deceptive act or practice mentioned in (a) above, funeral providers shall:
1. Provide the disclosure statement on the general price list required pursuant to 13:36-9.7(d)1; and
2. Provide the disclosure statement on the Statement of Funeral Goods and Services Selected, required by 13:36-1.9.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.17 - Embalming provided without prior approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for any provider to embalm a deceased human body for a fee unless:
1. State or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make; or
2. Prior approval for embalming (expressly so described) has been obtained from a family member or other authorized person; or
3. The funeral provider 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 provider shall disclose that a fee will be charged if the family selects a funeral which requires embalming, such as a funeral with a 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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.18 - Retention of documents

Current through Register Vol. 56, No. 14, July 15, 2024
To prevent the unfair or deceptive acts or practices specified in this subchapter, funeral providers shall retain and make available for inspection by Board officials true and accurate copies of the price lists specified in N.J.A.C. 13:36-9.5, 9.6, and 9.7, as applicable, for at least three years after the date of their last distribution to customers, and a copy of each Statement of Funeral Goods and Services Selected, as required by N.J.A.C. 13:36-1.9, for at least seven years from the date on which the statement was signed, in conformity with N.J.A.C. 13:36-1.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.19 - Comprehension of disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
To prevent the unfair or deceptive acts or practices specified in this subchapter, funeral providers shall make all disclosures required in a clear and conspicuous manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules established by this subchapter are designed to ensure that the practitioners of mortuary science maintain the highest degree of quality in their profession.
(b) The requirements set forth under this subchapter apply to all Board licensees practicing mortuary science in the State of New Jersey as a condition of biennial licensure, except where the rules provide for exemption or waiver.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Committee" means the Credentials Committee established by the Board pursuant to 13:36-10.6.
"Person" means any person as defined in 56:8-1.
"United States Armed Forces" means the United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.3 - Minimum credit hours for biennial license renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for biennial license renewal shall complete a minimum of 10 credit hours of continuing education during every biennial licensing period, consistent with the requirements of (b) and (c) below.
(b) A licensee shall obtain 10 credit hours of continuing education in courses or programs approved by the Board, consistent with the following requirements:
1. A licensee shall obtain at least two credit hours in each biennial licensing period in preneed funeral arrangements. The two credit hours shall require in-person attendance;
2. A licensee shall obtain at least three credit hours in each biennial licensing period in funeral directing ethics and in New Jersey law and rules relating to the practice of mortuary science. The three credit hours shall require in-person attendance;
3. A licensee may obtain no more than three credit hours in each biennial licensing period in courses or programs dealing with funeral merchandizing, such as caskets, outer burial containers and clothing. A licensee shall not receive any continuing education credit for viewing exhibits at professional and/or technical meetings and conferences;
4. A licensee shall receive training in applicable Occupational Safety and Health Administration (OSHA) laws and regulations as required by OSHA. Licensees who seek continuing education credit for such training must attend a course or program approved by the Board and may not count towards the biennial continuing education requirement more than three credit hours in such courses or programs in each biennial licensing period; and
5. A licensee may receive continuing education credit for a course or program one time only per biennial licensing period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.4 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person employed on a full-time basis by the Federal, State, county or municipal government who is not permitted by law or rule to actively engage in the practice of mortuary science shall be exempt from complying with the continuing education requirements of 13:36-10.3.
(b) A licensee who elects to be inactive pursuant to 13:36-4.14 shall be exempt from compliance with the continuing education requirements of 13:36-10.3 for any biennial period, or portion thereof, during which a licensee is inactive.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.5 - Waiver of continuing competency requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may, in its discretion, waive continuing education requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause shown.
(b) Any licensee seeking a waiver of the continuing education requirement must apply to the Board, in writing, no later than three months prior to the expiration of the biennial licensing period then in effect, and set forth with specificity the reasons for requesting the waiver. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the waiver request.
(c) A person licensed for the first time by the Board shall have all continuing education requirements waived solely for the remainder of that biennial licensing period.
(d) A licensee serving on active duty in the United States Armed Forces for a period of time exceeding 200 consecutive days in a biennial period shall have all continuing education requirements waived for that biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.6 - Credentials Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall appoint a Credentials Committee to assist it in establishing guidelines and criteria for the approval of continuing education courses and seminars.
(b) The Credentials Committee's responsibilities shall include:
1. Making recommendations to the Board regarding the approval of continuing education courses and seminars and the number of credit hours to be assigned to courses or seminars in satisfaction of the requirements of 13:36-10.3;
2. Developing procedures for the internal operation of the Committee; and
3. Maintaining substantive criteria for continuing education courses or seminars, which courses or seminars may include topics which:
i. Concern professional competency, ethics and legal developments relating to the practice of mortuary science;
ii. Examine and train licensees in the utilization and application of new techniques and scientific and clinical advances relating to mortuary science; and
iii. Deal with business management concepts as they relate to the delivery of efficient professional services to consumers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.7 - Criteria for continuing competency programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A course of acceptable subject matter shall directly and materially relate to the practice of mortuary science and shall be:
1. A formal course of learning which contributes directly to the maintenance of professional competence of a licensee;
2. At least one instructional hour in duration; and
3. Conducted by a qualified instructor or workshop leader.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.8 - Presumptive approval and list of approved courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall grant credit for successful completion of the following, provided that the course or program meets the criteria of 13:36-10.7 and that any other source of credit directly and materially relates to the practice of mortuary science:
1. College courses;
2. Continuing education courses;
3. Correspondence, televised, videotaped and other short courses/tutorials;
4. Seminars, in-house courses, workshops and technical programs at professional meetings and conferences;
5. Teaching or instruction of a new course or program as set forth in (a)1, 2 and 4 above. For purposes of this section, "new" means a course or program that the licensee has never taught before in an educational or practical setting. A licensee may obtain no more than three credits per biennial licensing period for teaching or instruction activities; and
6. Published papers, articles or books authored by the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.9 - Approval of course offerings; provider responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A continuing education provider may receive approval for a continuing education course or program pursuant to the provisions of 13:36-10.7. For purposes of this section, the "continuing education provider" means the person or entity that determines the time, date, location and speaker for a course or program. Board approval of a continuing education course or program shall be valid only for the biennial licensing period in which approval was obtained. The provider may apply for Board approval either prior to or no more than 60 days following the offering of a course or program.
(b) A licensee seeking to take a course or program, which the provider has not had pre-approved by the Board may apply to the Board for pre-approval or post-approval of the course or program offering no more than 60 days following the course or program offering. The licensee shall submit information similar to that which is required to be supplied by course providers pursuant to 13:36-10.7.
(c) An individual, group or association seeking course or program approval may impose a reasonable differential in course or program fees based upon membership within a group or association. However, in no event shall a sponsoring individual, group or association completely exclude from the course or program any licensee who is not a member of the group or association.
(d) A continuing education provider shall submit to the Board, in writing, any changes in course content, hours of instruction and/or lecturer for an approved course or program for review and re-approval by the Board. A continuing education provider shall notify the Board, in writing, of any changes in course date, time and location for an approved course or program.
(e) A continuing education provider shall maintain all records relating to approved courses or programs for two biennial licensing periods and shall provide such documentation to the Board upon request.
(f) A continuing education provider shall monitor attendance at, or ensure completion of, each approved program or course and issue certificates of completion or other comparable documentation to course or program attendees. Such certificates or documentation shall be printed with the following information:
1. Title of the course or program;
2. Date attended and location;
3. Credit hours earned;
4. Name of the provider; and
5. Name of the instructor or speaker.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 10 - CONTINUING EDUCATION › Section 13:36-10.10 - Credit hour reporting procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of application for biennial license renewal, a licensee shall provide, on a form approved by the Board, a signed statement certifying that the licensee has completed the required number of continuing education credits.
(b) Each licensee shall maintain all evidence, as set forth in (e) below, of completion of continuing education credit requirements for two biennial periods after completion and shall submit such documentation to the Board upon request.
(c) Failure to maintain records or falsification of any information submitted with the renewal application may result in an appearance before the Board and, upon notice to the licensee and the opportunity to be heard, the assessment of penalties and/or suspension of the license pursuant to 45:1-21 et seq.
(d) The Board shall review the records of licensees from time to time, on a random basis, to determine compliance with continuing education requirements.
(e) Documentation of continuing education requirements shall consist of the following:
1. A log showing the type and titles of courses, programs or seminars completed, the sponsoring organizations, the locations of the courses, programs or seminars, the duration of the courses, programs or seminars, the instructors or speakers names and the number of continuing education credits claimed.
2. Attendance verification records in the form of college transcripts, completion certificates, paid receipts, and any other documents supporting evidence of attendance;
3. For publications, submission of the published article; and
4. For teaching, a statement of appropriate authority verifying the activity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.2 - License and registration required; Statement of Funeral Goods and Services Selected and preneed arrangement required; price lists; compliance with at need laws

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person, firm or corporation shall sell, offer to sell, or make, or offer to make preneed funeral arrangements or prepaid funeral agreements unless that person, firm or corporation is licensed and registered pursuant to the Mortuary Science Act, 45:7-32, to engage in the business and practice of mortuary science.
(b) Only a provider whose business and practice is located within the physical confines of a mortuary registered by the Board may make prepaid funeral agreements or preneed funeral arrangements, although providers may make prepaid agreements or preneed arrangements outside the actual confines of a registered mortuary.
(c) This section shall not be construed to prohibit an otherwise qualified person, firm or corporation from acting as a provider operating under a trade name or other assumed name or through a subsidiary of a corporation duly licensed and registered pursuant to the Mortuary Science Act, 45:7-32, to engage in the business and practice of mortuary science.
(d) No provider shall offer, enter into or offer to enter into a prepaid funeral arrangement, whether funded by a funeral trust or funeral insurance policy, unless at the time of said transaction the provider furnishes the purchaser with:
1. A prepaid funeral agreement as defined and described by 13:36-11.1, 11.3 and 11.4;
2. A separate Statement of Funeral Goods and Services Selected for the intended funeral recipient describing and itemizing the prepaid funeral goods and services agreed upon, completed and signed in accordance with 13:36-1.9, whether or not the prepaid funeral agreement itself itemizes the funeral goods and services to be furnished at the time of need. A separate Statement of Funeral Goods and Services Selected shall also be completed and signed in accordance with 13:36-1.9 when at need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement and when a revocable prepaid funeral agreement becomes an irrevocable funeral agreement and changes to the agreement are necessary to ensure compliance with the requirements of 13:36-11.6; and
3. The price lists as required by 13:36-9.5, 9.6 and 9.7 to be offered and provided to a purchaser at the time of an at need funeral arrangement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.4 - Additional requirements of prepaid funeral agreements funded by funeral insurance policies; signing of insurance documents; providers not beneficiaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider who funds a prepaid funeral agreement by selling a newly issued funeral insurance policy shall conspicuously and in plain language disclose to the purchaser:
1. In boldface, that the provider will receive a commission or other remuneration based on the transaction;
2. That the provider is a duly licensed insurance producer in the State of New Jersey and is an agent of the insurance company issuing the policy;
3. The license number of the provider currently on file with the New Jersey Department of Banking and Insurance;
4. That cancellation of the prepaid funeral agreement shall not result in a refund of premiums paid;
5. That cancellation of the prepaid funeral agreement shall not cancel or otherwise invalidate the newly issued funeral insurance policy, although cancellation may not result in a refund of all premiums paid; and
6. That cancellation or lapse of the newly issued insurance policy, or withdrawals from, or loans against the proceeds or the cash value of the policy, may render the available funds inadequate to pay for the arrangements as originally intended and shall void any price guarantees.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.5 - Funeral trust converted to funeral insurance policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider shall not replace a funeral trust with a newly issued funeral insurance policy unless and until the provider obtains the written consent of the purchaser. The written consent shall be signed by the purchaser and shall thoroughly advise the purchaser in plain language of the material differences between the original funeral trust and newly issued funeral insurance policy. The written consent shall conspicuously disclose in boldface the provider's earning of a commission based upon the transaction.
(b) The provider shall maintain the documentation required by (a) above pursuant to 13:36-11.16.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.6 - Irrevocable funeral agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the provisions of N.J.A.C. 13:36-11.3(a)8, and in accordance with N.J.S.A. 2A:102-16.1, a prepaid funeral agreement may [page=892] provide that its funding, whether in the form of a funeral trust or a funeral insurance policy, is irrevocable during the lifetime of the intended funeral recipient, provided that the intended funeral recipient is:
1. An aged, blind, or disabled applicant for, or recipient of, benefits pursuant to the Supplemental Security Income program (SSI) (N.J.S.A. 44:7-85et seq.), [or] any Medicaid program (N.J.S.A. 30:4D-1et seq.), or General Assistance, or successor program(s); or
2. An aged, blind, or disabled person who reasonably anticipates applying for, or receiving, the benefits provided by SSI, [or] Medicaid, or General Assistance, or successor program(s) within six months of the date of the signing of the prepaid funeral agreement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.7 - Pooled trusts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Moneys used to fund prepaid funeral agreements may be deposited into a pooled trust account in a Federally insured State or Federally chartered bank, savings bank, or savings and loan association pursuant to a written trust agreement, the beneficiaries of which shall be the purchasers, or intended funeral recipients, if different persons. Any such trust agreement shall conspicuously disclose in writing to the purchaser or intended funeral recipient, prior to the acceptance of any moneys by the trustees:
1. The right to immediately withdraw on demand any moneys placed in such trust, plus accrued interest;
2. That the purchaser or the intended funeral recipient shall receive periodic statements not less than once per year reflecting the amount of principal and accrued interest, if any, in the trust;
3. The amount or rate of any commissions to be lawfully taken; and
4. The identities and business addresses of each of the trustees of the pooled trust, except in the case of trustees selected by a bona-fide nonprofit organization, in which instance the notice of the availability of the trust document shall suffice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.8 - Commissions for trustees of pooled trust

Current through Register Vol. 56, No. 14, July 15, 2024
The trustees of a pooled trust fund for the benefit of at least 200 purchasers or intended funeral recipients shall be entitled to a commission not to exceed one percent per annum of the corpus of the trust fund, which shall be paid out of any income, and in no event shall the trustees invade the corpus of the trust funds. Any expenses incurred in the administration of such a trust may be recouped from this commission, and such expenses shall not be deducted from any other earnings of the trust.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.9 - Cash advance items; application of interest income

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a prepaid funeral agreement is a guaranteed price agreement and the provider accepts funds for any cash disbursements at the time that the prepaid funeral agreement is made, then at the time of need, the provider shall first apply the interest earned by the prepaid cash disbursements to any increased costs of those disbursements, and shall refund any surplus funds or interest on the disbursements to the purchaser or legal representative of the intended funeral recipient or apply such surplus to any other use as directed by such persons.
(b) A provider shall not apply any surplus derived from the cash disbursement portion of a guaranteed price agreement to any other part of the agreement without the written consent of the purchaser or legal representative of the intended funeral recipient.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.10 - Periodic statements of status of funeral trusts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider shall immediately furnish to a purchaser any periodic statements received from the trustee of a funeral trust which reflect the amount of principal and accrued interest, if any, in the trust.
(b) For purposes of this section, with respect to the Preneed Ledger required pursuant to N.J.A.C. 13:36-11.16, a provider shall not be required to furnish the mortuary's complete Preneed Ledger, but shall provide the purchaser with his or her individual account information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.11 - Purchaser to sign completed documentation

Current through Register Vol. 56, No. 14, July 15, 2024
All documentation which is required to be signed by a purchaser of a prepaid funeral agreement shall be completed and signed by the provider prior to the purchaser signing such documentation. In no event shall such documentation be signed in blank by the purchaser.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.12 - Deposit of preneed funds; commingling of funds prohibited; proof of establishment of trust

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Providers shall deposit all moneys received in connection with the establishment of a prepaid funeral agreement in a funeral trust or with the appropriate insurance company within 30 days of the receipt of such moneys by the provider.
(b) A provider may temporarily deposit all moneys received in connection with the establishment of a prepaid funeral agreement in a separate non-interest bearing account established and used exclusively for the deposit of said moneys, until the moneys are transferred to the funeral trust or insurance company in accordance with the requirements of (a) above.
(c) No provider shall commingle any funds received in payment for a prepaid funeral agreement or preneed arrangement in any business or personal checking or banking account, or in any other place other than where authorized by (a) and (b) above.
(d) The provider shall forward to the purchaser evidence of the establishment of a funeral trust except when the funds have been deposited in a pooled trust which itself provides purchasers with notification of the establishment of a funeral trust.
(e) No provider shall apply any funds, whether principal or interest, from a prepaid funeral trust or funeral insurance policy to pay for any funeral goods or services or for any other expenses or use until the death of the intended funeral recipient except as provided by 3B:11-16 and 13:36-11.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.13 - Return of prepaid moneys upon revocation or impossibility to perform; transfer of preneed arrangements or prepaid agreements; presumption of intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any request by a purchaser or other authorized person for revocation or for a refund of a funeral trust fund shall be fully complied with by the provider within 14 days from receipt of the request.
(b) Any request by a purchaser or other authorized person for severing or cancellation of the funding of a newly issued funeral insurance policy shall be forwarded in writing by the provider to the appropriate insurance company no later than three days from receipt of the request.
(c) Any request by a purchaser or other authorized person to assign or to transfer a preneed funeral arrangement or the funding for a prepaid funeral agreement to a new provider and registered mortuary shall be fully complied with by the provider within 10 days of the request.
(d) The new provider (as described in (c) above) shall comply with all of the requirements of this subchapter and the preneed statutes regarding the establishment and maintenance of the preneed funeral agreement and preneed funeral arrangement, including the immediate making of a new prepaid funeral agreement and preneed funeral arrangement.
(e) If a provider is unable to furnish prepaid goods or services requested due to revocation of a prepaid funeral agreement or funding therefor, or is unable to perform due to the impossibility of performance:
1. The moneys used to fund a newly issued funeral insurance policy shall be paid to the named beneficiary of the policy; or
2. The moneys used to fund a funeral trust shall be refunded within 10 days to:
i. The purchaser, if alive; or
ii. The estate or personal representative of the deceased purchaser.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.14 - Other prohibited acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No provider or person, firm, or corporation acting on behalf of a provider, including solicitors, agents, canvassers, employees or other persons acting on behalf of such person, firm or corporation, for the purpose of selling, contracting or offering to sell prepaid funeral agreements or preneed funeral arrangements on behalf of said provider shall:
1. Directly or indirectly solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
2. Directly or indirectly employ any agent, employee, assistant, independent contractor or other person to solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
3. Solicit relatives of persons whose death is apparently impending or whose death has recently occurred for the purpose of providing any of those services for that person;
4. Solicit, accept, offer to pay or pay any commission, bonus or rebate in consideration of recommending or causing any person to use the services of a particular funeral director, or the services of a particular crematory, mausoleum or cemetery;
5. Solicit persons at their residences in person or by telephone unless that solicitation is in response to a previous request for or expression of interest in a funeral director's services made by the person solicited or by a member of that person's family; or
6. Accept any consideration for the establishment and deposit of any moneys in a funeral trust, including, but not limited to, a commission, rebate, discount, or direct or indirect price reduction on merchandise.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.15 - Presumption; aiding and abetting; vicarious liability; duty to report violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any provider shall be conclusively presumed to know his, her or its obligations relevant to the deposit, maintenance, application and refund of funeral trust funds and funeral insurance policies.
(b) Any provider or any person who knowingly aids, abets or otherwise assists any other person to violate any of the provisions of the preneed statutes or this subchapter, shall be equally as culpable as a principal, and shall be subject to discipline by the Board as a principal.
(c) Any provider shall be liable for any acts performed by any other person in any matter involving the preneed statutes or this subchapter, provided that the provider authorizes said person to act in his, her or its stead or holds out said other person to the public as apparently authorized to act in his, her or its stead.
(d) Any provider or licensee who has knowledge of any violation of this subchapter or of the preneed statutes by any licensee, person, firm or corporation, shall immediately report such violation to the Board and shall provide to the Board all evidence and knowledge of said violation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.16 - Preneed ledgers of active prepaid funeral agreements and preneed funeral arrangements; maintenance of records of prepaid agreements and preneed arrangements; compilation of preneed ledger; biennial registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every provider shall maintain in his, her or its registered mortuary, in a single identifiable and accessible location, a ledger of all active prepaid funeral arrangements (the "Preneed Ledger"), provided, however, that any provider who operates more than one registered mortuary may keep all preneed ledgers so maintained in one location.
(b) The Preneed Ledger may be kept manually or electronically.
(c) The Preneed Ledger shall contain current data and shall be revised and updated at least once per month. The Preneed Ledger shall, at a minimum, contain:
1. The name and address of each purchaser, and if different, the name and address of each intended funeral recipient;
2. The amount of moneys prepaid, including any periodic payments made by the purchaser and the dates of each payment;
3. An identification of the agreement as revocable or irrevocable;
4. The value and balance of each prepaid funeral trust fund or value of each funeral insurance policy, as of the most recent transaction, annual statement or accounting; and
5. The location of all prepaid funds, including:
i. The number of any bank account;
ii. The location of any passbook;
iii. The name of any insurance company receiving funds in payment for a funeral insurance policy; and
iv. The policy number, when available.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.17 - Records provided to the Board and to successors in interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A copy of the Preneed Ledger required to be maintained by N.J.A.C. 13:36-11.16(a) shall be provided to the Executive Director of the Board by the manager or owner of the registered mortuary immediately upon:
1. The discontinuation of business in accordance with 13:36-5.14;
2. Within 10 days of the death of a licensee or owner in accordance with 13:36-4.12; or
3. Within 10 days of filing of any form of bankruptcy by the provider or the owner of the registered mortuary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.18 - Notification of purchaser of transfer of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a provider or owner of the registered mortuary is required to obtain a new certificate of registration pursuant to 13:36-4.5, the new manager or owner of the registered mortuary shall notify in writing the owners of all prepaid funeral agreements then in effect of their options to elect to maintain their prepaid funeral agreements at the present location or to transfer or assign their prepaid funeral agreements and preneed funeral arrangements to a different mortuary within 30 days of the change of ownership, or death of a licensee or owner.
(b) The notice required by (a) above shall advise the owners of all prepaid funeral agreements that they may:
1. Request a refund of any prepaid moneys from a funeral trust, except in the case of irrevocable prepaid funeral arrangements; or
2. Sever the funding of a funeral insurance policy from a prepaid funeral agreement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS › Section 13:36-11.19 - Notification of dissolution or bankruptcy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a provider or owner of a registered mortuary discontinues business or files for bankruptcy, the manager or owner shall provide written notice of said discontinuation or bankruptcy to all purchasers of active prepaid funeral agreements.
(b) The notice required by (a) above shall advise the purchasers of the prepaid funeral agreements and preneed funeral arrangements that they may:
1. Revoke the funding of their prepaid agreements and receive a refund, except in the case of irrevocable funding;
2. Sever the funding of a funeral insurance policy from the prepaid agreement; or
3. Transfer or assign their prepaid agreements and preneed arrangements to another registered mortuary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 37 - NEW JERSEY BOARD OF NURSING › Subchapter 1 - PROGRAMS IN NURSING EDUCATION › Section 13:37-1.1 - Eligibility for accreditation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this subchapter, the term "accreditation" shall include the accreditation of professional nursing programs and the approval of practical nursing programs.
(b) The following educational institutions are eligible for accreditation to provide nursing programs:
1. A school, division or department of nursing authorized to operate by its own charter, articles of incorporation or resolution of the governing board of its sponsoring institution; or
2. Degree granting institutions licensed by the New Jersey Commission on Higher Education and accredited by a regional accrediting agency recognized by the United States Department of Education.