Current through Register Vol. 30, No. 38, September 20, 2024
A. Any funeral director, embalmer, funeral
establishment or other person licensed by the Board shall comply with the
following general funeral service requirements:
1. Licensees shall deal with funeral services
consumers in an honest and truthful manner, and shall be responsive and
sensitive to particular requirements or needs concerning funeral arrangements.
Licensees shall not engage in any conduct which causes or results in disrespect
for the deceased person, disruption of the funeral services or any injury to
the decedent's family, contrary to the prevailing standards and practices of
the profession in this state.
2.
Licensees shall perform their respective responsibilities concerning the care,
handling, transportation and disposition of human remains and concerning all
transactions with funeral services consumers in a careful and competent manner
in accordance with the prevailing standards and practices of the profession in
this state.
3. Licensees shall
comply with all laws and regulations pertaining to their activities in the
care, handling, transportation and disposition of human remains including,
without limitation, the provisions of the Funeral Directors Act (A.R.S. §
32-1301 et
seq.), the Prearranged Funeral Plan Act (A.R.S. §
44-1721 et
seq.), and these rules. Licensees shall comply with all health laws and
regulations which pertain to the embalming and preparation of human remains.
The following health laws and rules should be reviewed and followed to the
extent applicable:
Subject
|
Law or Rule
|
Vital statistics
|
A.R.S. §
36-301 et
seq.
|
Health menaces
|
A.R.S. §
36-601
et seq.
|
Disposition of bodies
|
A.R.S. § 36-801 et seq.
|
Communicable diseases (Arizona Department of Health
Services rules)
|
A.A.C. R9-6-110 et seq.
|
Vital statistics (Arizona Department of Health
Services rules)
|
A.A.C.
R9-19-301
et seq.
|
4.
Licensees should also make reasonable efforts to cooperate with the customs of
all religions and creeds according to the desires of the decedent or his
family.
5. Licensees shall not make
statements nor engage in activities which foreseeably could result in needless
infliction of emotional distress on members of the decedent's family or result
in exposing the remains to unnecessary indignity, including without limitation:
a. Making statements to members of the family
designed to offend their sensibilities during grief, including unsolicited
comments concerning graphic details of the embalming, or of the condition,
decomposition or decay of the remains, except that statements which are
necessary under the circumstances to adequately inform the family concerning
the advisability of viewing the remains or having an open-casket funeral
ceremony are not prohibited by this subsection.
b. Permitting the remains to be exposed or
displayed to members of the family or the public in a manner not consistent
with public health.
c. Permitting
the remains to be exposed or displayed to members of the family or the public
in a manner designed to offend their sensibilities during grief, including
exposing or displaying the remains:
i. During
the embalming or preparation process;
ii. Without clothing or suitable covering of
the trunk and limbs of the remains;
iii. For any promotional or commercial
purpose;
iv. For photographs,
videotape or other reproductive process without clothing or suitable covering
or during the embalming or preparation process.
This subsection does not apply where public officials in the
discharge of their duties view or examine the remains.
6. Licensees shall not
disclose or divulge any privacy, secrecy, confidence or secret of the domestic
or private life of any deceased or the family thereof or of any home or circle
learned as a result of professional employment, unless such disclosure is
required by law, or is necessary to conduct the legitimate business of the
funeral establishment in accordance with law. Licensees shall not discuss facts
concerning the cause of death, expenditures for the funeral, the source of
funds, or other matters of a personal nature except with the members of the
family or their authorized representatives. Such information may be released to
the Board during an investigation or inspection if a release or other
permission is obtained or received from a family member or if pursuant to a
subpoena or other court or administrative directive.
7. Licensees shall not pay or cause to be
paid to any person including without limitation a nurse, attendant, doctor,
ambulance personnel, hospital personnel, health care facility personnel, clergy
or law enforcement officers, money or other valuable consideration to secure
business from or through such person.
B. Failure to substantially comply with the
provisions of this Section shall be deemed to be evidence of gross negligence,
repeated or continuing negligence or other professional incompetence.