At the time funeral arrangements are made, a funeral home representative shall give to the purchaser a written contract containing the following:

1. (1) Any service that has been or will be performed, including the removal of the body and transportation, any merchandise selected, and the itemized price for any service and merchandise;
2. (2) The supplemental items of service or merchandise requested and the price of each item;
3. (3) Insofar as it can be specified at that time, the items for which the funeral director will advance money as an accommodation; and

4. (4) The terms and method of payment.

   The funeral contract must be signed by the purchaser and a funeral home representative. A copy of the funeral contract must be given to the purchaser upon signing. A copy of the contract must also be retained by the funeral establishment for seven years after completing the contracted services.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 215, effective July 14, 2004 ; 50 SDR 157, effective July 2, 2024 .

General Authority: SDCL 36-19- 12.1 .

Law Implemented: SDCL 36-19- 38 (15) .

Prior versions effective: 2004-07-14.