Current through Register Vol. 39, No. 6, September 16, 2024
(a) Individuals who
hold either an active funeral director's license or an active funeral service
license issued by the Board and who have taken three or more hours of
continuing education on preneed statutes and rules taught by Board staff within
the preceding three calendar years are eligible for initial licensure as a
preneed sales license upon application by a funeral establishment holding an
active preneed establishment permit, as set forth in Paragraph (d) of this
Rule.
(b) Only individuals who hold
an active preneed sales license issued by the Board or resident trainees in
funeral service or funeral directing registered with the Board as allowed by
21 NCAC
34B .0103 are permitted to engage in the
following preneed funeral planning activities:
(1) discuss with consumers written materials,
including price lists and photographs, descriptive of the funeral services,
funeral merchandise, the preneed funeral plan, or funeral contract being
offered;
(2) explain the various
types of funeral ceremonies and services and the qualities and characteristics
of various kinds of funeral merchandise;
(3) sell, on a preneed basis, funeral
services and merchandise;
(4)
record, on any form or otherwise, specific items of funeral services and
merchandise selected on a preneed basis;
(5) make funeral arrangements on a preneed
basis; and
(6) sign preneed
contracts; provided, however, that the resident trainee and his or her licensed
supervisor comply with
21 NCAC
34B .0103(e) when doing
so.
(c) No preneed sales
license is required for the sale of an insurance policy for which no funeral
establishment or its representative is listed as the beneficiary or assignee of
said policy. In connection with such a sale, the salesperson shall not be
deemed to have engaged in preneed funeral planning if the salesperson shows
only price lists of funeral services and merchandise to permit a prospective
purchaser to make an informed decision as to the amount of insurance
desired.
(d) An applicant shall
apply for, renew, or surrender a preneed sales license in accordance with the
following provisions:
(1) A funeral
establishment holding an active preneed establishment permit shall apply for,
or renew, a preneed sales license by submitting the following to the Board on
behalf of the applicant for a preneed sales license:
(A) the applicant's name, address, email
address, and telephone number;
(B)
the applicant's funeral director's or funeral service license number;
(C) the name, address, and preneed
establishment permit number of the preneed funeral establishment licensee or
licensees on whose behalf the applicant will sell preneed funeral
contracts;
(D) the applicant's
employment or agency relationship with the preneed establishment licensee or
licensees;
(E) the initial or
renewal application fee required by
21 NCAC
34A .0201(c) for each
preneed sales licensee;
(F) the
date on which the applicant has taken the continuing education course required
by Paragraph (a) of this Rule; and
(G) the applicant's signature and attestation
that he or she has read and will comply with the statutes and rules governing
the practice of preneed funeral service.
(2) Either the preneed sales licensee or the
preneed funeral establishment on whose behalf the preneed sales licensee is
engaged in preneed funeral planning activities may surrender a preneed sales
license by submitting notification of such surrender in writing to the
Board.
(e) If a preneed
sales licensee proposes to engage in preneed funeral planning activities on
behalf of multiple preneed funeral establishment licensees that are not wholly
owned by or affiliated with common ownership, the preneed sales licensee shall
submit the following to the Board:
(1) the
date on which the preneed sales licensee will begin engaging in preneed funeral
planning activities for multiple preneed funeral establishment
licensees;
(2) the date on which
the preneed sales licensee will stop engaging in preneed funeral planning
activities for multiple preneed funeral establishment licensees, if
known;
(3) the name, license
number, and signature of the preneed sales licensee;
(4) the name and signature of the licensed
manager of each preneed funeral establishment licensee for whom the preneed
sales licensee will engage in preneed funeral planning activities;
and
(5) an attestation from each of
the individuals identified in Subparagraphs (3) and (4) of this Paragraph that:
(A) he or she consents to the preneed sales
licensee engaging in preneed funeral planning activities on behalf of the
identified preneed funeral establishment licensees; and
(B) the preneed sales licensee and the
preneed funeral establishment licensee on whose behalf the preneed funeral
planning activities are to be conducted shall comply with the statutes and
rules governing preneed funeral planning activities.
(f) The Board shall issue to each
preneed sales licensee a pocket card as certification of the preneed sales
license. The preneed sales licensee shall carry the card while engaging in
preneed funeral planning.
(g) The
preneed sales licensee shall sign and affix his or her preneed sales license
number to each preneed funeral contract, which he or she sells, in the presence
of the purchaser of the contract at the time of sale.
Authority
G.S.
90-210.25(a)(4);
90-210.60(8);
90-210.67(a),(c);
90-210.69(a),
(c);
Eff. July 1,
1993;
Amended Eff. January 1, 1996; June 1, 1994;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. August 19, 2017;
Amended Eff.
January 1, 2023.
