Current through Register Vol. 56, No. 18, September 16, 2024
(a) Funeral providers shall give a printed or
typewritten price list for retention to persons who inquire in person about funeral arrangements or the
prices of funeral goods or funeral services. The price list shall not contain any handwritten information.
When people inquire in person about funeral arrangements or the prices of funeral goods or funeral services,
the funeral provider shall offer them the list upon beginning discussion either of funeral arrangements or of
the selection of any funeral goods or funeral services. The general price list shall contain at least the
following information:
1. The name, address, and telephone number of the
registered mortuary and the name, license number and title of the manager;
2. A caption describing the list as a "general price list";
3. The effective date of the price list; and
4. If applicable, a statement disclosing the ownership of other registered
mortuaries, as required pursuant to 13:36-5.21.
(b) Funeral providers shall include on the price list, in any order, the
retail prices (expressed either as the flat fee, or as the price per hour, mile, or other unit of
computation) and the other information specified below for at least each of the following items, if offered
for sale:
1. Forwarding the remains to another funeral home, together with
a list of the services provided for any quoted price;
2.
Receiving remains from another funeral home, together with a list of the services provided for any quoted
price;
3. The price range for the direct cremations offered by
the funeral provider, together with a separate price for a direct cremation where the purchaser provides the
container; separate prices for each direct cremation offered including an unfinished wood box or alternative
container; and a description of the services and container (where applicable), included in each
price;
4. The price range for the immediate burials offered by
the funeral provider, together with a separate price for an immediate burial where the purchaser provides the
casket; separate prices for each immediate burial offered including a casket or alternative container; and a
description of the services and container (where applicable) included in that price;
5. Transfer of remains to funeral home;
6. Embalming;
7. Other
preparation of the body;
8. Use of facilities for
viewing;
9. Use of facilities for funeral ceremony;
10. Other use of facilities, together with a list of facilities provided by
any quoted price;
11. Hearse;
12. Limousine;
13. Other
automotive equipment, together with a description of the automotive equipment provided for any quoted price;
and
14. Acknowledgement cards; and
15. Individual items of merchandise of less than $ 400.00 each that are
offered together as a packaged item.
(c) Funeral
providers shall include on the price list in any order, the following information:
1. Either of the following:
i. The price
range for the caskets offered by the funeral provider, together with the statement: "A complete price list
will be provided at the funeral home."; or
ii. The prices of
individual caskets disclosed in the manner specified by
13:36-9.5; and
2. Either of the following:
i. The price
range for the outer burial containers offered by the funeral provider, together with the statement: "A
complete price list will be provided at the funeral home."; or
ii. The prices of individual outer burial containers, disclosed in the
manner specified by 13:36-9.6; and
3. The price for the services of funeral director and staff, together with
a list of the principal services provided for any quoted price and, if the charge cannot be declined by the
purchaser, the statement: "This fee for our services will be added to the total cost of the funeral
arrangements you select. (This fee is already included in our charges for direct cremations, immediate
burials, and forwarding or receiving remains.)"
(d)
Funeral providers shall include on the general price list the following disclosure statements:
1. In immediate conjunction with the price disclosures required by required
by (b) above, "The goods and services shown below are those we can provide to our customers. You may choose
only the items you desire. If legal or other requirements mean you must buy any items you did not
specifically ask for, we will explain the reason in writing on the statement we provide describing the
funeral goods and services you selected." Provided, however, that if the charge for "services of funeral
director and staff" cannot be declined by the purchaser, the statement shall include the sentence: "However,
any funeral arrangements you select will include a charge for our services" between the second and third
sentences of the statement specified above herein.
2. In
immediate conjunction with the price shown for embalming, "Except in certain special cases, embalming is not
required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a
funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that
does not require you to pay for it, such as direct cremation or immediate burial;" and "If you choose to have
an embalming performed, the decedent may be embalmed at a location other than this registered
mortuary."
3. In immediate conjunction with the price range shown
for direct cremations, "If you want to arrange a direct cremation, you can use an alternative container.
Alternative containers encase the body and can be made of materials like fiberboard or composition materials
(with or without an outside covering). The containers we provide are (specify containers)." This disclosure
shall only be placed on the general price list if the licensed practitioner of mortuary science arranges
direct cremations.
4. In immediate conjunction with the prices
shown for outer burial containers if such prices are included on the general price list, "In most areas of
the country, state or local law does not require that you buy a container to surround the casket in the
grave. However, many cemeteries require that you have such a container so that the grave will not sink in.
Either a burial vault or a grave liner will satisfy these requirements."