§ 12-135-107 — Consumer protection

(1) A funeral establishment whose
services are purchased shall make every reasonable attempt to fulfill the
expressed needs and desires of the person with the right of final disposition, and
shall make a full disclosure of all its available services and merchandise to the
arrangers prior to selection of the casket.

(2) Before a person selects the funeral, the funeral establishment shall
provide a written itemized list of the prices of all available merchandise and
individual services at that funeral establishment. Full disclosure shall also be made
in the case of a memorial service and as to use of funeral merchandise and
facilities. In no event shall the person be required to purchase services or products
contained on the itemized list that are not desired for the funeral unless the
services or goods are required by law.

(3) Any statements of legal or practical requirements shall be complete and
accurate, including the conditions under which embalming is required or advisable.
Representations as to the use or necessity of a casket or alternative container in
connection with a funeral or alternatives for final disposition shall be truthful and
shall disclose all pertinent information.

(4) When quoting funeral prices, either orally, by use of a disclosure
statement, or by a final bill, the funeral establishment shall only list those items as
cash advances or accommodation items that are paid for or could be paid for by the
next of kin in the same amount that is paid by the funeral home.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, � 1, effective October 1.