A. Each funeral establishment, funeral
director or embalmer shall give an itemized written or printed memorandum of
funeral goods and services ("statement") for retention to each potential
purchaser of funeral goods or services at the conclusion of the discussion of
any funeral arrangements and before the establishment enters into a contract
with a purchaser of funeral goods or services. The itemized statement shall
list at least the following information:
1.
The name and address of the funeral establishment;
2. A caption entitled "Statement of Funeral
Goods and Services Selected";
3.
The funeral goods and services selected by that person and the prices to be
paid for each item, specifically itemized cash advance items, the total cost of
the goods and services selected and other information contained in or indicated
by the "Statement of Funeral Goods and Services Selected" format in Appendices
B or C (following
R4-12-565) to these rules.
B. The
information required by this Section may be included on any contract, statement
or other document which the funeral establishment would otherwise provide at
the conclusion of discussion of arrangements. The itemized disclosures required
by this Section shall be made in a clear and conspicuous manner. The
establishment shall indicate immediately adjacent to the appropriate items
under the "funeral arrangements" and "automotive equipment" categories the
funeral services, facilities and automotive equipment items selected by the
purchaser. A funeral establishment may include additional itemized disclosures
on the statement concerning goods and services selected. If certain charges
required to be itemized on the statement are not known or reasonably
ascertainable at the time the contract is signed, a good faith estimate of the
charges shall be given on the statement and the establishment shall provide a
written description of the actual charges to the purchaser within fifteen (15)
days after the information becomes available to the establishment.
C. If an establishment uses the "statement of
funeral goods and services selected" as a final bill, the following disclosures
must be added to the statement, as shown in Appendix C to these rules:
"If you elected a funeral which requires embalming, such as a
funeral with a viewing, you may have to pay for the 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 in writing."
If an establishment does not use the "statement of funeral
goods and services selected" as a final bill, the disclosures concerning
embalming required by this subsection must be added to the final bill, contract
or other written evidence of the agreement or obligation given to the
purchaser, and the establishment may use the "statement of funeral goods and
services selected" format as shown in Appendix B. The establishment shall
disclose in writing to the purchaser on the statement any legal, cemetery or
crematory requirement which mandates that the consumer purchase a specific
funeral good or service. The establishment also shall disclose on the statement
the "Notice to Purchaser" concerning casket and container legal requirements
required by A.R.S. §
32-1373(B).
