Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.202 - Unprofessional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
Unprofessional conduct includes the following:
(1) Aiding or assisting a funeral director
					 whose license has been suspended or revoked or an unlicensed person to engage
					 in an act or practice for which a license is required.
(2) Demonstrating disrespect toward or
					 mutilating the remains of the deceased person.
(3) Making a comment or public announcement
					 in defamation of another funeral director. This does not prohibit one licensee
					 from testifying against another licensee or from filing a bona fide complaint
					 with the Board.
(4) Participating
					 in the establishment of a business or professional relationship with or in the
					 operation of a burial association, mutual assessment association, burial
					 certificate plan, insurance company, lodge company, society or religious or
					 other organization whose plan or scheme of organization or operation limits or
					 interferes with the rights of a person entitled by law to dispose of the body
					 of a deceased member, policyholder or certificateholder.
(5) Paying or extending an offer to pay or
					 give to a person, agency or group a commission or a valuable consideration for
					 the solicitation or procurement of clientele.
(6) Offering, directly or indirectly, or
					 giving money or an item of value to an employee of the Commonwealth to directly
					 or indirectly influence the administration or enforcement of the act or this
					 chapter, except for the payment of fees required by the act and this
					 chapter.
(7) Failing to notify the
					 Bureau, in writing, of a demand, solicitation or attempted extortion of money
					 or an item of value, by or on behalf of an employee assigned to the
					 administrative jurisdiction of the Commissioner, and failing to furnish
					 additional information reasonably requested.
(8) Attempting to influence the judgment of
					 the family in the selection of a funeral director, funeral arrangements or
					 funeral merchandise when a family group is divided on these issues.
(9) Aiding or abetting another licensed
					 funeral director to violate the act or this chapter.
(10) Failure to fulfill the professional
					 responsibilities of a funeral director as described in the act or this
					 chapter.
(11) Furnishing embalming,
					 other services or merchandise without having obtained written permission from a
					 family member or other person authorized by law to make funeral arrangements
					 for the deceased. Oral permission to embalm, followed by a confirmatory e-mail,
					 fax, telex, telegram, mailgram or other written confirmation will be
					 acceptable.
(12) Renting or
					 exchanging funeral establishments by one or more funeral directors for the
					 purpose of creating a secondary location for funeral services. Renting of an
					 establishment for funeral services by a funeral director over 10 times a year
					 shall be evidence of attempting to create a secondary location.
(13) Retaining funds intended to pay for
					 funeral goods and services when the funeral director and funeral entity have
					 not provided any funeral goods and services or when the amount of funds
					 retained is in excess of the value of funeral goods and services actually
					 provided by the funeral director or funeral entity, as set forth on the general
					 price list in effect at the time the funeral goods and services are actually
					 provided. This paragraph does not apply to funds received under an agreement
					 entered into by the funeral director, or the funeral entity employing that
					 funeral director, while the decedent was still living to provide funeral goods
					 or services on behalf of the decedent when needed.
(14) Performing funeral services on behalf of
					 a funeral entity that the funeral director knew, or should have known, was not
					 in compliance with section 8 of the act (63 P. S. §
												479.8), regarding conduct of
					 business.
(15) Refusing to release
					 remains until consideration, whether earned or not, has been paid.
(16) Failing to comply with the regulations
					 of the Federal Trade Commission in 16 CFR Part 453 (relating to funeral
					 industry practices).
The provisions of this §
													13.202 amended under section
						  11(a)(5) of the Funeral Director Law (63 P. S. §
														479.11(a)(5)).