§ 32 §1402 — Solicitation of prearranged funerals and funeral business prohibited

A funeral home, funeral establishment or person holding a license under this chapter may not as, or through, an agent or principal solicit a prearranged funeral service or plan for any person or persons. "Prearranged funeral service or plan" means any funeral service or plan that is arranged, planned or determined prior to the demise of a person or persons for whom the funeral service is to be performed. Funeral homes, funeral establishments and licensees under this chapter may enter into contracts or agreements for prearranged funeral services or plans, as long as they do not in any manner either as, or through, principals or agents solicit that contract or agreement. This section does not prohibit the sale of insurance, in compliance with section 1401, subsection 1‑B and Title 24‑A, section 2176‑A, to a consumer who has contacted a funeral home, funeral establishment or licensee under this chapter to prearrange a funeral.
No funeral home, funeral establishment or person licensed under this chapter shall pay or cause to be paid, directly or indirectly, any money or other thing of value to a person not responsible for payment for the funeral as a commission or gratuity for the securing of business for such funeral home, establishment or licensee.
Any person who violates this section is guilty of a Class E crime.

Legislative History

PL 1983, c. 413, §55 (AMD). PL 2025, c. 203, §7 (AMD).