Code of Massachusetts Regulations
239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING
Title 239 CMR 3.00 - Registration Requirements; Standards of Business and Professional Practice
Section 3.13 - Code of Conduct and Professional Ethics

Universal Citation: 239 MA Code of Regs 239.3

Current through Register 1531, September 27, 2024

(1) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall engage in, or hold any ownership interest in, any other business which is related to the disposition of human remains, including but not limited to any cemetery; crematorium; retail or wholesale casket, urn or vault sales or rental enterprise; monument sales enterprise; or other similar business; provided, however, that 3.13(1) shall not apply to registrants duly registered with the Board in inactive status pursuant to 239 CMR 3.02(5).

(2) All functions or services which fall within the scope of the Profession and Business of Embalming and Funeral Directing, as defined in 239 CMR 3.01 must be provided by or through one or more Licensed Funeral Establishments.

(3) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by a Licensed Funeral Establishment, shall establish, maintain, own or operate any corporation, partnership, limited liability company, limited liability partnership, society, association or other business entity, however named, for the purpose of referring members of the general public to Licensed Funeral Establishments in which he or she holds an ownership interest or is employed.

(4) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by a Licensed Funeral Establishment, shall make or cause to be made any representation which indicates that an organization or other entity which performs any function or service which falls within the scope of the "Profession and Business of Embalming and Funeral Directing" as defined in 239 CMR 3.01 is a not-for-profit organization or entity unless such organization or entity is, in fact, a not-for-profit organization or entity.

(5) A person who is registered with the Board, or who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall not, either directly or through any other person acting with his or her express or implied knowledge or consent:

(a) solicit for human remains (except through general advertising), or give anything of value to anyone who solicits or refers any business to him or her or to the Licensed Funeral Establishment in which he or she holds an ownership interest or is employed; or

(b) solicit or accept anything of value in exchange for recommending, referring any person to, or employing any business or service related to the disposition of human remains.

(6) A person who is registered with the Board, or who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall not, either directly or through another person acting with his or her express or implied knowledge or consent, recommend, refer any person to, or employ any business or service related to the disposition of human remains if that business or service is owned, operated or controlled by one or more of his or her relatives. For purposes of 239 CMR 3.13(6), a relative is a person's spouse, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother, half-sister, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, niece, nephew, aunt or uncle.

(7) A person who is registered with the Board, or who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall not disclose confidential or private information, such as causes of death, financial information, or other such personal information about a client or any member of any household or family which he or she serves, comment on the condition of any dead human body entrusted to his or her care, or engage in any other conduct adverse to the interests of that client based on information obtained in confidence. Notwithstanding the above, 239 CMR 3.13(7) shall not be interpreted to bar cooperation with a Board investigation or from making other disclosures as required by law or for purposes of insurance and debt collection activities.

(8) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall engage in any unfair or deceptive business practice, misrepresent merchandise in any manner, deceptively alter merchandise labels, or knowingly attempt to induce any person to spend more money on funeral arrangements than is commensurate with the means of the person liable for such expense.

(9) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall engage in any false, deceptive or misleading Advertising or marketing practices.

(10) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall:

(a) fail or refuse to give a general price list containing all information required by 16 CFR Part 453 to any person who requests one in person; or

(b) fail or refuse to give out accurate information from that general price list, and any other readily available information requested, to any person who contacts that person or Licensed Funeral Establishment by telephone, to the extent required by 16 CFR Part 453.

(11) No Type 3 or Type 6 who is employed in a Licensed Funeral Establishment shall fail or refuse to give an itemized written statement of funeral costs to any person making funeral arrangements or arranging for the shipment, transportation or other disposition of a deceased person, in accordance with the requirements of M.G.L. c. 112, § 84B.

(12) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall discriminate in any way against employees or present or prospective customers on the basis of race, color, religious creed, national origin, sex, sexual orientation, age, ancestry, marital status, status as a veteran or member of the armed forces, blindness, hearing impairment, or any physical or mental disability with respect to terms or conditions of employment or the availability, provision or performance of any function or service.

(13) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall provide or offer to provide grief or bereavement counseling services unless:

(a) the person actually providing such grief or bereavement counseling services is a Type 3 or Type 6; or

(b) the person actually providing such grief or bereavement counseling services is an independent contractor providing such services through an arms-length contractual agreement with one or more Licensed Funeral Establishments, and is duly licensed by the Commonwealth as a psychiatrist, clinical psychologist, social worker, psychiatric nurse mental health specialist, or allied mental health professional.

(14) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall solicit, receive or agree to receive any fee, monetary compensation or other valuable consideration in exchange for referring a customer or member of a deceased person's family to any person who provides grief and bereavement counseling services.

(15) Persons registered with the Board, and persons who hold an ownership interest in or are employed by any funeral establishment licensed by the Board, shall be fair with present or prospective customers with respect to quality of merchandise, freedom of choice, quality of service, and reasonableness of price, and shall not misrepresent any material fact with respect to such matters.

(16) Persons registered with the Board, and persons who hold an ownership interest in or are employed by any Licensed Funeral Establishment, shall be fair with competitors; shall respect contractual arrangements which those competitors have made with consumers; shall act equitably in forwarding or transferring cases; shall respect customary or contractual arrangements with employees of such competitors; and shall refrain from disparaging or defaming competitors with respect to price, service, merchandise or professional reputation.

(17) Persons registered with the Board, and persons who hold an ownership interest in any Licensed Funeral Establishment, shall provide safe and healthful working conditions for all employees; and shall comply with M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239 CMR.

(18) No person registered with the Board, nor any person who holds an ownership interest in or is employed by any Licensed Funeral Establishment, shall engage in, authorize, or aid or abet fraud, deceit, misrepresentation of any material fact, provision of any false or forged evidence, or bribery.

(19) The Board may take disciplinary action against any person registered with the Board who has been subjected to disciplinary action or denial of licensure by another jurisdiction.

(20) The Board may take disciplinary action against any person registered with the Board who has been convicted of, or who has pleaded guilty or no lo contendere to, any criminal offense.

(21) Violation of any provision of 239 CMR 3.14, any other provision of 239 CMR, any provision of M.G.L. c. 112, §§ 61 through 65A or 82 through 87, by any person registered with the Board shall be grounds for disciplinary action by the Board.

(22) The Type 3(s) to whom a funeral establishment certificate is issued shall be responsible for any and all acts or omissions of any person who holds an ownership interest in, or is employed by, that Licensed Funeral Establishment, and may be disciplined by the Board for any such acts or omissions which constitute violations of 239 CMR, M.G.L. c. 112, §§ 61 through 65A or 82 through 87.

(23) The Board may also, after hearing, suspend, revoke, or take other disciplinary action against, the funeral establishment certificate of any Licensed Funeral Establishment for any acts or omissions of any person who holds an ownership interest in, or is employed by, that Licensed Funeral Establishment if such acts or omissions constitute violations of 239 CMR 3.00, and M.G.L. c. 112, §§ 61 through 65A, 82 through 87.

(24) As described in M.G.L. c. 112, § 84, the Board may take disciplinary action against any person registered with the Board who engages in unprofessional conduct. Unprofessional conduct shall include, but not be limited to, failing to cooperate with a Board investigation, practicing or offering to practice beyond the scope of the Board issued license, accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform, and engaging in any course of conduct which constitutes a failure to conform to generally accepted standard(s) of professional conduct in the funeral industry.

(25) It shall be deemed outside the scope of registration and considered unregistered practice for an individual who is not a Type 3 or Type 6 to register a hearse with the Registry of Motor Vehicles. 239 CMR 3.13(25) shall not apply to non-funeral businesses that register hearses for the sole purpose of leasing the vehicles to properly Licensed Funeral Establishments.

(26) All Type 3s, Type 6s, and Apprentice Embalmers shall maintain complete embalming reports for all embalming performed by him or her. Said reports shall be retained as part of the consumer's record.

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