(a) Service to families.

1. (1) When making arrangements, funeral directors, embalmers, and establishments (“licensees”) have a legal and ethical responsibility to provide fair, accurate, nonjudgmental information, and competent services.
2. (2) Licensees should be mindful of the emotional vulnerability of those wishing to make arrangements.

3. (3) Further, licensees must:

   1. (A) Provide the consumer, for his or her permanent use, a copy of the establishment’s general price list at the first meeting with the consumer;
   2. (B) Provide fair and consistent services to consumers without regard to:

(i) Religion;

1. (ii) Race;

   1. (iii) Color;

      1. (iv) National origin;
      2. (v) Sex;
      3. (vi) Sexual orientation; or
      4. (vii) Disability;
   2. (C) Provide funeral services with dignity and respect for the family, consumers, and the deceased;
   3. (D) Explain which products and services are required by law and which are optional;
   4. (E) State whether products offered for sale or use have been used before;
   5. (F) Ensure family decisions on all matters, including services, timing, and prices, have been fulfilled, whenever reasonable;
   6. (G) Explain any documents presented to a consumer, including any that require a signature, and provide the person with copies;
   7. (H) Explain the option of embalming and the consequences of delayed embalming, when applicable; and
   8. (I) Obtain written permission from the next of kin or authorizing agent to embalm or cremate.

(b) Service to the deceased.

1. (1) Licensees are trusted with the remains of deceased people, and there are legal and ethical responsibilities implicit in that trust.

2. (2) In matters regarding the deceased, licensees must:

   1. (A) Ensure that every deceased person is treated with care and dignity at the time of receipt, during all transportation, and all proceedings;
   2. (B) Treat all deceased persons in the preparation room with proper care and dignity, and properly cover them at all times;
   3. (C) Transport, hold, and carry out the disposition of human remains only when all required permits and authorizations are held; and

   4. (D) Dispose of parts of human remains that are received with the body in a manner that is consistent with the manner used for the final disposition of the body, or in a manner that is consistent with applicable laws.

      1. (c) Service to the public.
3. (1) Licensees have an ethical obligation to provide consumers and potential consumers of services and products with clear information to enable informed decision making.

4. (2) In matters regarding the consumers and potential consumers, a licensee must:

   1. (A) Provide complete and honest information about all services;
   2. (B) Provide, at the first meeting, a full written list of the prices of the services the consumer has selected; and

   3. (C) Ensure all advertising, including products, services and pricing, is:

      1. (i) Clear;
      2. (ii) Truthful; and
      3. (iii) Presented in a manner that is not misleading.
      4. (d) Compliance with the law and respect for the profession.

5. (1) Licensees have:

   1. (A) A legal and professional responsibility to comply with all applicable laws, rules, and regulations; and
   2. (B) An ethical responsibility to represent the profession in an honorable manner.

6. (2) In matters regarding the laws and profession, a licensee shall:

   1. (A) Comply with all licensing and permit requirements established by regulatory bodies;
   2. (B) Comply with all laws, rules, and regulations relating to the profession;
   3. (C) Respect the authority and oversight of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and comply with all requests to appear before the board;
   4. (D) Maintain a high level of professional courtesy by being respectful to, and positive about, colleagues;
   5. (E) Ensure all establishment employees are aware of, and comply with, the code of ethics at all times;
   6. (F) Refrain from engaging in any unfair or deceptive acts or practices defined in the Federal Trade Commission’s Funeral Rule, 16 C.F.R. pt. 453;
   7. (G) Comply with any preventive requirements specified in the Funeral Rule;
   8. (H) Refrain from engaging in any act, omission, or practice that is misleading or deceptive; and

   9. (I)

      1. (i) Disclose whether there is a markup on a cash advance item, and state whether the licensee has received a rebate, commission, or trade or volume discount when the price is not the same as the licensee’s cost.
      2. (ii) If there is a markup on a cash advance item or if the licensee receives a commission, discount, or rebate that is not passed on to the consumer, the licensee cannot state that the price charged for the item is the same as the licensee’s cost.

(e) Records.

1. (1) All records subject to inspection by Federal Trade Commission officials as provided in the Funeral Rule shall also be made available to the board and its representatives under the same terms.
2. (2) A licensee shall submit, upon request by the board or its representative, any records kept by the licensee in the normal course of business.