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Arkansas State Board of Embalmers and Funeral Directors
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Rules and Regulations
Arkansas State Board of Embalmers & Funeral Directors
Rule XII Disclosure
(1) All funeral merchandise shall have a visible price card. The price card shall clearly state what merchandise and/or services are included in the quoted price.
(2) Every Funeral Firm and/or Funeral Director in this state shall give, or cause to be given, to the person or persons making funeral arrangements, or arranging for the disposition of a dead human body, at the time such arrangements are completed, and prior to the time of rendering the service, and/or providing the merchandise, A WRITTEN STATEMENT SHOWING TO THE EXTENT THEN KNOWN:
(a) The price of the service that the person or persons have selected and what is included therein;
(b) The price of each of the supplemental items of service and/or merchandise requested;
(c) The amount involved for each of the items for which the firm will advance monies as an accommodation to the family; and
(d) The method of payment.
(3) No funeral firm shall bill or cause to be billed any item that is referred to as a "Cash Advance" or "Cash Accommodation" item unless the net amount paid for such item or items by the Funeral Firm is the same as it is billed by the Funeral Firm.
Rule XIII Aged Licensees
(1) The Board shall waive the renewal fee for any Funeral Director and/or Embalmer License for any licensee who has retired and whose license has been in force and effect for fifty (50) or more years on the fiftieth (50th) anniversary of that license and a Lifetime License shall be issued by the Board to that licensee.
Rule XVI Funeral Service Practices
(1) Authorization shall be obtained from the arranger(s) who will be responsible for the post death arrangements before removal of any body from the place of death, provided, however, that removal may be made without authorization where human dignity or the avoidance of a public nuisance requires. Such removal without authorization shall be made only pending required authorization from the arranger(s) when it can be obtained. If the Funeral Firm, to whose establishment the body was removed, is not the one subsequently selected to provide the immediate post death activities, such firm shall release the body to the firm or individual selected by the arranger(s); provided, however, that if the initial removal was at the request of a public official or the arranger(s) who later decided to employ another firm, costs incurred in the removal, shelter and temporary care of the body shall be paid by such public officials or the arranger(s). However, such payment shall not be a prerequisite to release of the body.
(2) When a Funeral Establishment has proper custody of a body, its personnel shall not proceed with any of the actual embalming procedures, when there is any indication that embalming is not desired; provided, however, that washing and other public health procedures such as the closing of the orifices by placing cotton soaked in a disinfectant in such orifices until such authorization is received or refused, shall not be precluded; and further provided, that if authorization cannot be obtained or denied, from the arranger(s) within a reasonable time, then preparation of the remains by the normal and usual method of embalming, for purpose of preservation and viewing, will be assumed to be granted.
(3) The personnel of a Funeral Establishment whose services are desired shall make every reasonable attempt to fulfill the needs and desires of the deceased and/or the arranger(s), both as to service and merchandise, and a full disclosure of all its available services and merchandise shall be made to the arranger(s) prior to selection of the casket and services.
(4) Using any funeral merchandise previously used, in whole or in part, without prior written permission of the person selecting and/or paying for the use of the merchandise, is prohibited.
(5) The following methods of price quotation for professional funeral services are permissible under these Rules:
(a) Single Unit
(b) Bi-Unit
(c) Tri-Unit
(d) Multi-Unit
Provided, however, that when using any price quotation method, as above described, full disclosure shall be made of the Cash Advances or Cash Accommodations charged by others providing services and/or merchandise.
(6) Any statements of legal requirements shall be complete and factual, as shall statements as to the conditions under which embalming is required or advisable. Representations as to the use of a casket or other receptacle and the necessity, if any, of an interment receptacle in connection with a funeral or an alternative thereto or for final disposition shall be truthful and shall disclose all legal and/or cemetery interment requirements.
(7) The personnel shall explain, when such explanation is desired, the components of the prices for alternatives to a funeral such as the following:
(a) Memorial Service
(b) Graveside Service
(c) A Direct Disposition
(d) Body donation without any rites or ceremonies, prior to the delivery of the body, and prices of services if there is to be such after the residue has been removed following use thereof.
(8) Each Funeral Establishment which has a casket selection room shall have a card or brochure in each casket therein setting forth the price of the service using said casket and listing the services and other merchandise included in the price, if any. Where there are separate prices for the casket and/or services, and/or the use of facilities and/or equipment, such card should indicate the price of the casket and of the items separately priced. The price of the casket only may be displayed on such card in the casket, if all other separately priced items are provided in writing prior to the selection of the casket; provided, however, that such price be accompanied by language that the price quoted is for the casket only.
(9) Funeral Service Firms are required to make reasonable adjustments in their price when less than the quoted offering is utilized.
(10) When death occurs in a place other than where the funeral or other services or final disposition are to take place, and the services of two Funeral Firms are necessary, the Funeral Firm engaged at the place of death shall charge only for the professional services, facilities and merchandise provided, and a representative thereof shall so notify the Funeral Firm to which the body will be forwarded. The receiving Funeral Firm shall charge only for the professional services, facilities and merchandise provided by it. There shall be a duplication of charges by the forwarding and receiving Funeral Firms ONLY when there is a duplication of professional services, facilities or merchandise pursuant to the request of the arranger(s).
(11) Every Funeral Firm shall have available to the public, before and at the time of need, factual information about immediate post death activities, including funeral prices, alternative types of services and their prices. Such information shall include the functions, services and responsibilities of the Funeral Service Firm.
(12) In an advertisement, whenever references are made to a service available, such as "a funeral", "complete funeral", "complete service", "Memorial Service", or "direct disposition", factual information also shall be given as to professional services, facilities, equipment, merchandise and miscellaneous items including in said terminology and regularly obtainable from the firm(s) named in the advertisement.
(13) No Funeral Service Firm shall employ any form of "bait advertising", as described in this rule
(14) Any advertisement to offer to provide a service at a stipulated price shall be made in good faith, and
(a) The merchandise to be used in the service shall be a part of the regular merchandise displayed by or for the Funeral Service Firm; and
(b) The desirability of such offer shall not be disparaged or otherwise discouraged.
(15) No principal, employee, or agent of a Funeral Service Firm will make inaccurate statements concerning the prices charged or nature of services provided by other Funeral Service Firms.

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