(a)

1. (1) Prior to the removal of any body from the place of death, authorization shall be obtained from the authorizing agent who will be responsible for the post death arrangements.
2. (2) The authorization may be obtained verbally, either in person or over the phone, or in writing.
3. (3) However, removal may be made without authorization where human dignity or the avoidance of a public nuisance requires.
4. (4) Such removal without authorization shall be made only pending required authorization from the authorizing agent, in cases when authorization can be obtained.
5. (5) If the funeral firm which has custody of the remains is not the one selected to provide funeral services, then such firm shall release the body to the funeral firm selected by the authorizing agent or agents as soon as possible, but no later than three (3) business days.
6. (6) The funeral establishment that performs the removal and the funeral establishment that receives the body shall each maintain a release form signed by the authorizing agent.
7. (7) The receiving funeral firm shall be responsible for the costs of services provided by the funeral firm that made removal.
8. (8) The cost of the provided services shall not exceed the prices for those services as listed on the removing funeral firm’s general price list.
9. (9) Payment of those costs shall be payable at the time of removal.
10. (10) If the initial removal was at the request of a public official, costs incurred in the removal, shelter, and temporary care of the body shall be paid by such public officials.

(b)

1. (1) When a funeral establishment has proper custody of a body, its personnel shall not proceed with any embalming procedures when there is any indication that embalming is not desired, provided, however, that washing and other public health procedures such as the closing of the orifices by placing cotton soaked in a disinfectant in such orifices until such authorization is received or refused, shall not be precluded.
2. (2) Further, if authorization cannot be obtained or denied from the authorizing agent within a reasonable time, then preparation of the remains by the normal and usual method of embalming, for purpose of preservation and viewing, will be assumed to be granted.

(c)

1. (1) The personnel of a funeral establishment whose services are desired shall make every reasonable attempt to fulfill the needs and desires of the deceased and the authorizing agent, both as to service and merchandise.
2. (2) A full disclosure of all the establishment’s available services and merchandise shall be made to the authorizing agent prior to selection of the merchandise and services.

(e)

1. (1) Any statements made of legal requirements shall be complete and factual, as shall any statements as to the conditions under which embalming is required or advisable.
2. (2) Representations as to the use of a casket or other receptacle and the necessity, if any, of an interment receptacle in connection with a funeral or an alternative thereto, or for final disposition, shall be truthful and shall disclose all legal and cemetery interment requirements.

(f)

1. (1) Prior to the delivery of the body, the establishment personnel shall explain, to the authorizing agent, next of kin, or whomever is responsible for postdeath arrangements, when such explanation is desired, the components of the prices for alternatives to a funeral service.
2. (2) Alternatives may include, but are not limited to, a memorial service, a graveside service, direct disposition, or body donation without any rites or ceremonies.
3. (3) The personnel shall explain the price, if any, of returning any residue or remains following body donation if that option is chosen.

(g)

1. (1) Each funeral establishment which has a casket selection room shall have a card or brochure in each casket therein setting forth the price of the service using said casket and listing the services and other merchandise included in the price, if any.
2. (2) Where there are separate prices for the casket, services, or for the use of facilities and equipment, such card should indicate the price of the casket and of the items separately priced.
3. (3) The price of the casket only may be displayed on such card in the casket, if all other separately priced items are provided in writing prior to the selection of the casket, provided, however, that such price be accompanied by language that the price quoted is for the casket only.

(i)

1. (1) When the services of two (2) funeral firms are necessary, the funeral firm engaged at the place of death (the removing firm) shall charge only for the professional services, facilities, and merchandise provided, and a representative thereof shall so notify the receiving funeral firm.
2. (2) The receiving funeral firm shall charge only for the professional services, facilities, and merchandise provided by it.
3. (3) There shall be a duplication of charges by the removing and receiving funeral firms only when there is a duplication of professional services, facilities, or merchandise pursuant to the request of the authorizing agent.

(j)

1. (1) Every funeral firm shall have available to the public before and at the time of need, factual information about immediate post death activities, including:

   1. (A) Funeral prices;
   2. (B) Alternative types of services; and
   3. (C) Their prices.
2. (2) Such information shall include the functions, services, and responsibilities of the funeral service firm.

(k)

1. (1) Establishments responsible for advertisements that refer to available services, such as a funeral, complete funeral, complete service, memorial service, or direct disposition, shall also provide factual information as to:

   1. (A) Professional services;
   2. (B) Facilities;
   3. (C) Equipment;
   4. (D) Merchandise; and
   5. (E) Miscellaneous items.
2. (2) This information should be easily obtainable from the establishment responsible for the advertisement.

(m)

1. (1) Any advertisement to offer to provide a service at a stipulated price shall be made in good faith.

2. (2) Further:

   1. (A) The merchandise to be used in the service shall be a part of the regular merchandise displayed by or for the funeral service firm; and
   2. (B) The desirability of such offer shall not be disparaged or otherwise discouraged.

(o)

1. (1) Licensees are prohibited from engaging in solicitation.
2. (2) Solicitation occurs when a funeral establishment contacts the next of kin or other authorizing agent, when the next of kin or authorizing agent did not initiate the contact with the funeral establishment.
3. (3) Licensees and their agents, assistants, and employees shall not solicit dead human bodies, either while death is impending, or after death.
4. (4) This prohibition does not prohibit general advertising.

5. (5) The following provisions also apply:

   1. (A) Licensees shall not directly or indirectly employ an apprentice, agent, assistant, employee, or other person on a part-time, full-time, or commission basis for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular establishment; and
   2. (B) Licensees shall not directly or indirectly pay or offer to pay a commission to another licensee or to the licensee’s own agents, assistants, or employees for the purpose of securing business.