Viewing an earlier, undated versionView current (A) Any contract seller, provider, agent, employee, or person acting in behalf of one of these persons may not:
- (1) directly or indirectly call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by the person to do so;
- (2) directly or indirectly employ any agent, assistant, employee, independent contracting person, or any other person to call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by the person to do so;
- (3) solicit relatives of persons whose death is apparently pending or whose death has recently occurred for the purpose of providing funeral services, final disposition, burial, or funeral goods for the person;
- (4) solicit or accept or pay any consideration for recommending or causing a dead human body to be provided funeral services and funeral and burial goods by specific persons, or the services of a specific crematory, mausoleum, or cemetery except where the arrangement is the subject of a preneed funeral contract;
- (5) solicit by telephone call or by visit to a personal residence, unless the solicitation has been previously requested by the person solicited or by a family member residing at the residence.
- (B) Nothing in this chapter may be construed to restrict the right of a person to lawfully advertise, to use direct mail or otherwise communicate in a manner not within the above prohibition of solicitation or to solicit the business of anyone responding to the communication or otherwise initiating discussion of the goods or services being offered.
- (C) Nothing in this chapter may be construed to prohibit general advertising.
- (D) Anyone making a personal or written solicitation for a preneed funeral contract shall, as soon as possible, divulge the real reason for the contract or solicitation.
- (E) The board may adopt regulations regulating the solicitation of preneed contracts by sellers and providers and their agents and employees to protect the public from solicitation practices which utilize undue influence or which take undue advantage of a person's ignorance or emotional vulnerability.