| (a) In selling or offering to sell funeral goods or
funeral services to the public, it is an unfair or deceptive act or
practice for any provider to embalm a deceased human body for a fee
unless:
(1) state or local law or regulation requires embalming
in the particular circumstances regardless of any funeral choice which
the family might make;
(2) prior approval for embalming (expressly so described)
has been obtained from a family member or other authorized person;
or
(3) the funeral provider is unable to contact a family
member or other authorized person after exercising due diligence,
has no reason to believe the family does not want embalming performed,
and obtains subsequent approval for embalming already performed (expressly
so described). In seeking approval, the funeral provider must disclose
that a fee will be charged if the family selects a funeral which requires
embalming, such as a funeral with viewing, and that no fee will be
charged if the family selects a service which does not require embalming,
such as direct cremation or immediate burial.
(b) To prevent these unfair or deceptive acts or practices,
funeral providers must include on the itemized Purchase Agreement,
required by §203.47 of this title, the statement: "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 a direct
cremation or immediate burial. If we charged for embalming, we will
explain why below."
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