(a) The following words and terms, when used
in this section, shall have the following meanings unless the context clearly
indicates otherwise:
"Advertisement" means any attempt, direct or indirect, by
publication, dissemination, circulation, or broadcast through the public media
or social media to induce any person or entity to purchase or enter into an
agreement to accept mortuary or funeral services or merchandise.
"Advertisement" includes business cards when business cards are used as copy in
an advertisement or are published, disseminated, circulated, or broadcast in
the public media, as defined below, or social media.
"Price reduction statement" means a statement, suggestion or
implication, direct or indirect, that a service or merchandise is being offered
or made available for sale at a price less than the advertiser's routine price.
The following words, terms and phrases or their substantial equivalent shall be
deemed to indicate a price reduction statement: sale, discount, savings, price
cut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate,
originally, formerly, at cost, below cost, wholesale.
"Public media" means newspapers, magazines, periodicals,
professional journals, telephone directories, circulars, handbills, flyers,
letters, billboards, aerial displays, signs, television, radio, internet and
any other similar item, document, publication or device used to communicate to
the general public or to a specific group. "Public media" does not include
manager signs which are subject to the requirements of
N.J.A.C.
13:36-5.1 or establishment signs which are
subject to the requirements of
N.J.A.C.
13:36-5.10.
"Testimonial" means a statement by a person referring to his
or her family's personal experience with a mortuary or licensee.
(b) All stationery shall indicate
the true firm name of the mortuary as registered with the Board, the address
and telephone number of the mortuary, and the name of the manager, and his or
her title and license number preceded by the phrase "N.J. Lic. No.
___."
(c) Advertisements shall
contain the true firm name, address, and telephone number of the mortuary as
registered with the Board. Advertisements shall also contain the name of the
manager and the license number of the practitioner preceded by the phrase "N.J.
Lic. No. ___."
(d) An advertisement
that makes reference to more than one registered mortuary shall comply with (c)
above regarding one mortuary provided that only the municipality where the
mortuary is located and the true firm name as it is registered with the Board
is disclosed for any additional mortuaries listed. If an advertisement for any
additional mortuary discloses any further information than the municipality
where the mortuary is located and the true firm name as it is registered with
the Board, the advertisement shall satisfy the requirements of (c)
above.
(e) Telephone book listings
of two lines or less or small novelty items where the space of advertising is
limited shall disclose the municipality where the registered mortuary is
located and the true firm name as it is registered with the Board.
(f) No licensee or owner of a mortuary shall
cause to be published, disseminated, circulated or broadcast any advertisement
which is false, fraudulent, deceptive or misleading or which misrepresents,
suppresses, conceals, obscures or distorts any material fact.
(g) In addition, it shall be deceptive and
misleading for any advertisement to contain the following:
1. The name of a person not licensed by the
Board in connection with the name of a mortuary in any manner whatsoever,
unless the unlicensed person is clearly and obviously identified in the
advertisement as such by the use of the phrase "unlicensed and not qualified to
make funeral arrangements, embalm or conduct funerals." The surname of an
unlicensed person may appear in the title of a mortuary as registered with the
Board.
i. The disclosure required pursuant to
(g)1 above shall not apply to an intern registered with the Board who is acting
under the supervision of a preceptor. If included in an advertisement, the name
of the intern, the title "Registered Intern," and the registration number of
the intern preceded by the phrase "N.J. Intern Registration No.______shall be
listed."
2. A price
reduction statement where the advertisement or current price is in fact no less
than the price at which the service or merchandise was offered for sale by the
advertiser for a reasonable period of time at least 30 days prior to the
advertisement. In the absence of the disclosure of the period during which an
advertised price reduction will remain in effect, the period shall be deemed to
be 30 days from the date of initial publication.
3. An offer of professional services or
merchandise where such services or merchandise are in fact not available from
the mortuary or are beyond the ability of the licensee to perform or
supply.
4. A license number which
has not been issued to the alleged licensee, has lapsed or has been revoked or
currently suspended.
5. The name,
address and telephone number of a mortuary which does not exist, has not been
completely constructed or is not currently open for business.
6. A claim of professional superiority or
superior quality of services or merchandise, unless such claim can be
substantiated by the licensee upon demand by the Board.
7. Intimidation, undue pressure or undue
influence.
(h) An
advertisement may contain either a lay or expert testimonial, provided that
such testimonial is based upon personal knowledge or experience obtained from a
provider relationship with the licensee or direct personal knowledge of the
subject matter of the testimonial. A lay person's testimonial shall not attest
to any technical matter beyond the testimonial giver's competence to comment
upon. An expert testimonial shall be rendered only by an individual possessing
specialized expertise sufficient to allow the rendering of a bona fide
statement or opinion. An advertiser shall be able to substantiate any
objective, verifiable statement of fact appearing in a testimonial, and the
failure to do so, if required by the Board, may be deemed occupational
misconduct.
1. The name of a person not
licensed by the Board when appearing in any testimonial for a mortuary shall be
accompanied by the following: "unlicensed and not qualified to make funeral
arrangements, embalm or conduct a funeral". The surname of an unlicensed person
may appear in the title of a mortuary as registered with the Board.
(i) An advertisement which refers
to or sets forth a price shall disclose all services or merchandise which will
be provided for that price. The name of the manufacturer and the model number
of any casket which will be included for that price also shall be disclosed in
the advertisement. Where a price is advertised, no additional charges shall be
made for the advertised service or disposition unless the advertisement
includes a specific delineation of additional services or merchandise which may
be necessary.
(j) The
responsibility for the form and content of any advertisement shall be joint and
several among all licensees who are principals, partners, or officers of the
mortuary identified in the advertisement.
(k) An advertisement may include the name of
an inactive licensee as defined in
N.J.A.C.
13:36-4.14 provided that the inactive
licensee is not held out as the manager, and provided the inactive licensee
does not use any title or designation that implies that he or she holds an
active license from the Board. Inactive licensees shall use titles or
designations that contain the word inactive.
(
l) A copy of each printed advertisement and a
video or audio tape recording of each broadcast advertisement shall be retained
by the licensee for a period of three years from the date of initial
publication or dissemination. Each such copy or tape shall be made available
for review upon request by the Board.
