1. 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 to:

   1. 1. Represent that state or local law requires that a deceased person be embalmed when such is not the case, or fail to disclose that embalming is not required by law except where burial or cremation will not occur within 24 hours or where the body is not refrigerated immediately after death;
   2. 2. Represent that state or local law requires a casket for direct cremation, or represent that a casket (other than an unfinished wood box) is required for direct cremations;
   3. 3. Represent that state or local laws or regulations, or particular cemeteries require burial vaults, grave boxes, or grave liners when such is not the case, or fail to disclose to persons arranging funerals that state law does not require the purchase of an outside receptacle; or
   4. 4. 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.
2. B. Failure to substantially comply with the provisions of this Section shall be deemed to be evidence of gross negligence, repeated or continuous negligence, or other professional incompetence.

Historical Note

New Section R9-9B-306 recodified from R4-12-303 and amended at 32 A.A.R. 177 (January 9, 2026), effective January 1, 2026 (Supp. 25-4).