Marketing of Pre-need Funeral Products

(1) No agent or employee of any Licensed Funeral Establishment shall visit or call upon any patient in a hospital, convalescent or nursing home, rest home, charitable home for the aged, infirmary maintained in a town, intermediate care facility for the mentally retarded, or other health care facility, for the purpose of soliciting or inducing such patient to enter into any Pre-need Funeral Contract, or for the purpose of soliciting or inducing such patient to establish a Funeral Trust Account or purchase a Pre-need Insurance Policy or Annuity, unless said agent or employee has been authorized to do so by the patient or his or her legal representative to do so prior to the visit. (2) A Licensed Funeral Establishment, or any agent or employee thereof, may utilize telephonic communications for the purpose of soliciting or inducing any person to enter into a Pre-need Funeral Contract, establish a Funeral Trust Account, or purchase any Pre-need Insurance Policy or Annuity, provided that: (a) The prospective customer is informed at the beginning of the telephonic communication that the telephonic communication is being made for the purpose of inducing him or her to enter into a Pre-need Funeral Contract, establish a Funeral Trust Account, or purchase a Pre-need Insurance Policy or Annuity; and (b) The telephonic communication is terminated immediately upon any request to do so from the prospective customer. (3) No agent or employee of any Licensed Funeral Establishment shall solicit or attempt to induce any person to enter into a Pre-need Funeral Contract, establish any Funeral Trust Account, or purchase any Pre-need Insurance Policy or Annuity by any method or means which is false, deceptive, misleading, coercive, intimidating or threatening. (4) No Licensed Funeral Establishment, nor any agent or employee thereof, shall knowingly induce or attempt to induce any person to cancel or revoke any pre-existing Pre-need Funeral Contract, Funeral Trust Account, or Pre-need Insurance Policy or Annuity. (5) Advertising of Pre-need Funeral Products. (a) Advertising of Pre-need Funeral Contracts, Funeral Trust Accounts and/or Pre-need insurance policies or annuities by any Licensed Funeral Establishment, or agent or employee thereof, shall not be false, deceptive or misleading. (b) All advertising of Pre-need Funeral Contracts, Funeral Trust Accounts and/or Pre-need insurance policies or annuities shall disclose all of the following information: 1. The type of product (e.g., Funeral Trust Account or Pre-need Insurance Policy or Annuity) which is to be, or may be, used to fund the Pre-need Funeral Contract; and 2. The nature of the relationship between the agent who solicits the purchase of the product, the funeral establishment which is to provide the Funeral Goods and/or Services, the Buyer, and the individual or institution which will receive and/or hold any funds paid by the Buyer in connection with the purchase of the product. (c) All advertising of Pre-need Funeral Contracts, Funeral Trust Accounts, and/or Pre-need insurance policies or annuities by a Licensed Funeral Establishment, or any agent or employee thereof, shall comply with all other applicable state and federal laws and regulations pertaining to such advertising.