R9-9B-306. Operations

A. A licensee shall ensure that the funeral establishment operates in compliance with requirements in 16 CFR 453, Federal Trade Commission Funeral Industry Practices (1994), which is incorporated by reference, is available at https://www.ftc.gov/ sites/default/files/16cfr453.pdf, is on file with the Department, and includes no future editions or amendments. B. If an individual contacts a funeral establishment by telephone and asks about terms, conditions, or prices of funeral goods or funeral services offered, a responsible funeral director shall ensure that: 1. The requested information is provided to the individual during the telephone call according to, as applicable, the current general price list as specified in subsection (C)(1), casket price list as specified in subsection (C)(3), and outer burial container price list as specified in subsection (C)(4); 2. If the requested information is contained on the funeral establishment’s website, the individual is provided with the web address; or 3. Within seven calendar days after the individual’s request, a general price list, as specified in subsection (C)(1), showing all the goods and services that may be provided, is sent to the individual by mail or to an email address provided by the individual. C. If an individual asks in-person about terms, conditions, or prices of the funeral goods and services offered, a responsible funeral director shall ensure that the individual is: 1. Given a general price list of all the funeral goods and services that may be provided by or on behalf of the funeral establishment, with the respective prices adjacent to the listing, that includes: a. The title “General Price List”; b. The name, address, and telephone number of the funeral establishment; c. The effective date of the price list; d. The right of selection, including: i. A statement of an individual’s right to select only the goods and services desired; and ii. The following disclosure immediately above the listing of funeral goods and services in subsections (C)(1)(e) through (t): “The funeral goods and services shown below are those we can provide to our customers. You may choose only the items you desire. However, any funeral arrangements you select will include a charge for our basic services and overhead. 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.”; e. A description about and the price of basic services of a funeral director and staff and, except as specified in subsection (D), if the fee cannot be declined, either of the following disclosures: i. “This fee for our basic 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.)”; or ii. “Please note that a fee of [specify dollar amount] for the use of our basic services is included in the price of our caskets. This same fee shall be added to the total cost of your funeral arrangements if you provide the casket. Our services include [specify].” placed immediately above the information required in subsection (C)(1)(d)(ii); f. The price for the forwarding of human remains to another funeral establishment, including a description of the services included in the price; g. The price for receiving human remains from another funeral establishment, including a description of the services included in the price; h. For direct cremations: i. A description and the price range for each method of direct cremation arranged through the funeral establishment if the purchaser provides the casket or other container; ii. A description and the price range for each method of direct cremation arranged through the funeral establishment with an alternative container; and iii. The following disclosure placed directly next to the price range for a direct cremation: “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].”; i. The price range for an immediate burial, including a description of the services included in each price, specifying: i. The price for an immediate burial for which the purchaser provides the casket; and ii. Separate prices for each immediate burial offered including a casket or an alternative container, other than a casket; j. If provided by or on behalf of the funeral establishment, the price for the transfer of human remains to the funeral establishment, including a description of the services included in the price; k. For embalming, if provided by or on behalf of the funeral establishment: i. The price for embalming, including a description of the services included in the price; and ii. The following disclosure placed directly next to the price for embalming: “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.”; l. If provided by or on behalf of the funeral establishment, the price for other preparation of the body, including a description of the services included in the price; m. If provided by or on behalf of the funeral establishment, the price for the use of the facilities and staff for viewing, including a description of the services included in the price; n. If provided by or on behalf of the funeral establishment, the price for the use of the facilities and staff for a memorial service, including a description of the services included in the price; o. If provided by or on behalf of the funeral establishment, the price for the use of the facilities and staff for a funeral ceremony, including a description of the services included in the price; p. If provided by or on behalf of the funeral establishment, the price for the use of equipment and staff for a graveside service, including a description of the services included in the price; q. If provided by or on behalf of the funeral establishment, the price for the use of a hearse, including a description of the services included in the price; r. If provided by or on behalf of the funeral establishment, the price for the use of a limousine, including a description of the services included in the price; s. For caskets or alternative containers, if provided by or on behalf of the funeral establishment, either: i. A description about and the price of individual caskets or alternative containers, or ii. The range of prices for caskets or alternative containers that appear on the casket price list in subsection (C)(3) and the following disclosure placed directly next to the range of casket prices: “A complete price list will be provided at the funeral establishment.”; t. For outer burial containers, if provided by or on behalf of the funeral establishment, either: i. A description about and the price of individual outer burial container prices and the following disclosure placed directly next to the prices: “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 grave liner or a burial vault will satisfy these requirements.”; or ii. The range of outer burial container prices that appear on the outer burial container price list in subsection (C)(4) and the following disclosure placed directly next to the range of prices: “A complete price list will be provided at the funeral establishment.” u. The prices for any other funeral goods and services offered, including a description of the funeral goods and services included in the price; and v. If provided by or on behalf of the funeral establishment, a list of any funeral packages offered by the funeral establishment, describing what funeral goods and services are included in each funeral package, and the price of the funeral package; 2. If the funeral establishment offers alternative price lists for specific groups of individuals, given an alternative price list that includes: a. The title “Price List for [Specify the specific group of individuals]”; and b. The information required in subsections (C)(1)(b) through (u) with the respective prices charged to specific groups of individuals; 3. If the price of individual caskets is not listed on the general price list specified in subsection (C)(1), provided, upon request, with a casket price list that includes: a. The name of the funeral establishment; b. The title “Casket Price List”; c. The effective date of the casket price list; d. Information about each casket available through the funeral establishment that does not require special ordering, including at least the following information: i. Manufacturer and model number or popular name; ii. Specific construction and type; iii. Interior fabric; iv. Special features, if any; and v. Casket retail price; and e. Information about and prices of alternative containers, other than caskets, that may be used for direct cremation; and 4. If the funeral establishment sells outer burial containers and the price of individual outer burial containers is not listed on the general price list specified in subsection (C)(1), provided, upon request, with an outer burial container price list that includes: a. The name of the funeral establishment; b. The title “Outer Burial Container Price List”; c. The effective date of the outer burial container price list; d. The following disclosure placed immediately above the list in subsection (C)(4)(e): “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 grave liner or a burial vault will satisfy these requirements.”; and e. A description and price of each outer burial container available through the funeral establishment that does not require special ordering. D. If the fee for basic services described in subsection (C)(1)(e) cannot be declined, a responsible funeral director may include in the required disclosure in subsection (C)(1)(e)(i) or (ii), as applicable, the phrase “and overhead” after the word “services.” E. A responsible funeral director shall ensure that: 1. A Statement of Funeral Goods and Services Selected or contract document includes: a. The name, address, and telephone number of the funeral establishment; b. The title “Statement of Funeral Goods and Services Selected”; c. An itemized list of funeral goods and services that a purchaser has chosen, which may include: i. Categories of funeral goods and services on the general price list in subsection (C)(1), alternative price list in subsection (C)(2), casket price list in subsection (C)(3), or outer burial container price list in subsection (C)(4), as applicable; and ii. Any cash advance items, such as pallbearers, transport, clergy, flowers, motorcycle escorts, hair dressers, barbers, nurses, obituary notices, or death certificates, together with a place to specify the number of each selected item, which are paid for by a funeral establishment on behalf of a purchaser and charged to the purchaser at the same amount as originally purchased; d. Adjacent to a listing for embalming services, the following disclosures: i. “If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct cremation or immediate burial. If we charged for embalming, we will explain why below.”; and ii. “Embalming may not be appropriate and may not be offered if you select a method of cremation other than cremation through combustion.”; e. The following disclosure about a purchaser being able to select only those funeral goods and services that the purchaser wants: “Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.”; f. A location to specify the total amount of the funeral goods and services selected by the purchaser; g. Information about the method and timing of payment and any terms and conditions related to the payment; h. The name and address of the location where a deceased individual would be held until final disposition if: i. The funeral establishment does not have a refrigerated holding area for human remains, ii. The funeral establishment does not provide embalming on site, or iii. The decease individual is to be cremated through combustion, alkaline hydrolysis, or natural organic reduction at a separate facility; i. A location for a purchaser to sign and date the Statement of Funeral Goods and Services Selected; j. A location for a funeral director to certify the Statement of Funeral Goods and Services Selected, according to A.R.S. § 32-1373(E); and k. A statement containing the name, address and telephone number of any entity owning ten percent or more of the funeral establishment; 2. During a discussion with a potential purchaser about the funeral arrangements of a deceased individual: a. The potential purchaser has a copy of the general price list in subsection (C)(1) or alternative price list in subsection (C)(2), as applicable; b. If the potential purchaser is considering a casket or outer burial container and the funeral establishment has a separate casket price list in subsection (C)(3) or outer burial container price list in subsection (C)(4), the potential purchaser has a copy of the applicable price list; c. If the potential purchaser is considering cremation, the potential purchaser is informed of the methods of cremation offered through the funeral establishment and any limitations in the: i. Method of cremation based on the funeral goods and services that the potential purchaser has selected and the characteristics of the deceased individual that could influence the choice of the method of cremation; and ii. Choice of embalming, caskets or alternative containers, and other funeral goods and services required by the method of cremation; d. A Statement of Funeral Goods and Services Selected in subsection (E)(1) is prepared for the potential purchaser, accurately indicating an itemized list of the funeral goods and services that the potential purchaser has selected during the discussion of funeral arrangements; e. Any questions asked by the potential purchaser are answered fully and accurately; f. The amount to be paid by the potential purchaser for each selected item listed on the Statement of Funeral Goods and Services Selected in subsection (E)(2)(d) is included, together with the total cost; and g. The Statement of Funeral Goods and Services Selected in subsection (E)(2)(d) is given to the potential purchaser at the earliest opportunity; 3. If the cost of any cash advance item specified according to subsection (E)(1)(c)(ii) is unknown at the time the Statement of Funeral Goods and Services Selected in subsection (E)(2)(d) is prepared for the potential purchaser, a written description of the actual charges is provided to a purchaser within 14 calendar days after the information becomes available; 4. Once the Statement of Funeral Goods and Services Selected in subsection (E)(2)(d) is signed and dated by a purchaser, a funeral director licensed under Article 2 of this Subchapter certifies the Statement of Funeral Goods and Services Selected, according to A.R.S. § 32-1373(E), with the funeral director’s license number, signature, and date of signing, before conducting final services or within seven calendar days after the purchaser signs the statement, whichever is earlier; and 5. When discussing funeral arrangements with an individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements for a deceased individual: a. The funeral establishment complies with requirements in A.A.C. R9-19-303(A)(1); b. If the funeral establishment learns that the deceased individual: i. Has any implanted devices, prosthetics, bridgework, or other implants, the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements provides instructions for the disposition of the implanted devices, prosthetics, bridgework, or other implants; and ii. Had any diagnostic or therapeutic procedure, within the previous two years, involving the infusion or implanting of a radioactive material, the funeral establishment contacts the part of the Department responsible for regulating sources of radiation to receive assistance and guidance; c. If the funeral services selected according to subsection (E)(2)(d) require embalming: i. Any issues or limitations to embalming, arising from the characteristics of the deceased individual or the information received according to subsection (E)(5)(b), are discussed with the individual authorized according to A.R.S. § 36- 831 to provide funeral and disposition arrangements; ii. If necessary, changes are made to the Statement of Funeral Goods and Services Selected in subsection (E)(2)(d) based on the discussion in subsection (E)(5)(c)(i); and iii. If authorization for embalming has not already been obtained according to R9-9B- 307(D)(3)(b), written authorization for embalming, containing the names of the deceased individual and the funeral establishment, is obtained from the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; d. If the authorization for embalming in subsection (E)(5)(c)(iii) is received orally, the oral authorization is documented and includes: i. The name of the individual authorizing the embalming, ii. The relation of the individual in subsection (E)(5)(d)(i) to the deceased individual, iii. The date and time that the authorization was given, and iv. The name of the funeral director or other individual designated by the funeral establishment who obtained the authorization; and e. If the funeral services selected according to subsection (E)(2)(d) require cremation: i. Any issues with or limitations to the selected method of cremation, arising from the characteristics of the deceased individual or the information received according to subsection (E)(5)(b), are discussed with the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; ii. If necessary, changes are made to the Statement of Funeral Goods and Services Selected in subsection (E)(2)(d) based on the discussion in subsection (E)(5)(e)(i); iii. If authorization for cremation has not already been obtained according to R9-9B- 307(D)(3)(c), written authorization for cremation, containing the names of the deceased individual and the funeral establishment, is obtained from the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; and iv. The individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements provides instructions for the disposition of the cremated remains and for any remnants after processing of the cremated remains. F. A responsible funeral director shall ensure that: 1. No monetary or other payment is made to an individual, such as ambulance attendant as defined in A.R.S. § 36- 2201, personnel member of a health care institution as defined in A.R.S. § 36-401, a member of the clergy, or law enforcement officer, to secure business for the funeral establishment; 2. Each casket or other goods offered for sale and stocked by the funeral establishment: a. Is displayed in a manner to enable a purchaser to make an informed choice; b. Has either of the following, placed as to enable an individual to read the displayed information: i. A price card on or near the casket or other goods that states the retail price of the casket or other goods; or ii. If the casket or other goods are not physically displayed, a photograph or printed picture of the casket of other goods that states the retail price of the casket or other goods; and c. For a casket or outer burial container, the price card in subsection (F)(2)(b)(i) or photograph or printed picture in subsection (F)(2)(b)(ii) also contains the information specified in subsection (C)(3)(d); 3. A casket or other container intended for or used in connection with the burial, cremation, or other final disposition of a deceased individual is not reused except if: a. The casket or other container had been rented in connection with funeral services, and b. A subsequent purchaser is informed of the rental arrangement; 4. Except as provided in subsection (G), no deceased individual is embalmed unless: a. Authorization for embalming is obtained according to subsection (E)(5)(c)(iii) or R9-9B-307(D)(3)(b); and b. If there is suspicion of a crime related to the cause of death of the deceased individual, permission is obtained from the applicable medical examiner or other official according to A.R.S. § 32-1365(A)(1); 5. No deceased individual is cremated unless: a. Authorization for cremation is obtained according to subsection (E)(5)(e)(iii) or R9-9B-307(D)(3)(c), and b. Permission for the cremation is obtained from the applicable medical examiner according to A.R.S. § 11-599; 6. A deceased individual’s human remains in the custody of the funeral establishment are released to a family member, representative of the family, or other person authorized by the family to take possession of the human remains upon the written request of the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; and 7. A purchaser is only charged for the funeral goods and services: a. Specified on the Statement of Funeral Goods and Services Selected given to the purchaser according to subsection (E)(2)(g) and signed by the purchaser, and b. Provided by or through the funeral establishment. G. A responsible funeral director shall ensure that a deceased individual in the custody of a funeral establishment is: 1. Refrigerated unless the human remains are: a. In transit or being prepared for embalming or a funeral service, or b. Embalmed; and 2. Refrigerated or embalmed if, within 24 hours after death: a. The funeral establishment is unable to contact an individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements, or b. The deceased individual will not be buried or cremated. H. A responsible funeral director shall ensure that access to the areas of the funeral establishment where human remains or cremated remains are prepared or kept, or where equipment or supplies to prepare or store human remains or cremated remains are stored is limited to individuals authorized by the responsible funeral director, according to policies and procedures, unless the individual is supervised by an employee of the funeral establishment authorized to access the area. I. A responsible funeral director shall ensure that: 1. When a deceased individual is to be embalmed: a. An embalmer licensed under Article 2 of this Subchapter is in the room for the preparation of human remains required in R9-9B-309(C)(1)(c) during the embalming process; b. All individuals engaged in the embalming process wear a clean smock or gown and disposable gloves that meet appropriate safety standards for handling embalming chemicals, such as butyl, neoprene, or nitrile gloves; c. All clothing is removed from the human remains and a visual inspection of the condition of the human remains is conducted; d. To the extent feasible under the circumstances, the entire human remains, including legs, arms, feet, hands and head, are washed with an antiseptic or detergent solution; e. Embalming is performed by: i. An embalmer licensed under Article 2 of this Subchapter, or ii. An employee on the pathway to licensure as an embalmer under the supervision of the licensed embalmer in subsection (I)(1)(a); f. Embalming solution is injected into the entire human remains in such dilutions and pressures as warranted by the condition of the human remains: i. If feasible, using the arterial injection technique; and ii. If the arterial circulation technique is not feasible for any portion of the human remains due to advanced decomposition or autopsy, trauma, or the developmental status of the human remains, using hypodermic injection or by surface embalming in those areas, as appropriate; g. The abdominal and thoracic cavities of the human remains are injected with a concentrated cavity chemical, after liquids and materials have been substantially removed through a trocar, so that the concentrated cavity chemical is thoroughly distributed in the cavities; and h. If the deceased individual’s body is to be viewed at a funeral service, cosmetic procedures are employed in accordance with the wishes of the family and current industry standards; 2. After a deceased individual is embalmed: a. The human remains are covered so as to maintain the privacy and dignity of the human remains; and b. Within 24 hours after the embalming procedure, the licensed embalmer in subsection (I)(1)(a) completes an embalming case report that: i. Includes the date and time of the deceased individual’s death; ii. Specifies the date and time the embalming procedure began; iii. Specifies the date and time the embalming procedure ended; iv. Describes the condition of the human remains before and after embalming and the embalming procedures used; and v. Is certified by the embalmer, according to A.R.S. § 32-1361(B), with the embalmer’s signature and license number and date signed; and 3. If a deceased individual is to be cremated, the preparation of the deceased individual’s human remains is consistent with the method of cremation. J. If the funeral establishment receives information that the human remains of a deceased individual has any implanted devices, prosthetics, bridgework, or other implants, based on subsection (E)(5)(b), a responsible funeral director shall ensure that, if appropriate, an item identified according to subsection (E)(5)(b)(i) is removed: 1. Except as provided in subsection (J)(2), by an embalmer licensed under Article 2 of this Subchapter; and 2. If the item identified according to subsection (E)(5)(b)(i) contains a radioactive material, according to instructions from the part of the Department responsible for regulating sources of radiation and, if applicable, the person that implanted the item.