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003.22.1-23. Standards of Service, Code of Ethics, and Professional Conduct

AR ADC 003.22.1-23Arkansas Administrative CodeEffective: December 12, 2021

West's Arkansas Administrative Code

Title 003. Department of Commerce

Division 22. Insurance Department

Rule 1. State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services--Rule Pertaining to Embalmers, Funeral Directors, Funeral Establishments, Crematories, Crematory Retort Operators, and Transport Services

Effective: December 12, 2021

Ark. Admin. Code 003.22.1-23

003.22.1-23. Standards of Service, Code of Ethics, and Professional Conduct

Currentness

A. Use of Outside Services. No funeral director, embalmer, or establishment shall utilize the services of an independent contractor, trade embalmer, or any other outside provider if the funeral director, embalmer, or establishment knows, or reasonably should know, that such independent contractor, trade embalmer, or other outside provider is in violation of any rule or statute pertaining to the Board.

B. All persons engaged in the profession of funeral directing, embalming, or the operation of a funeral establishment shall at all times act in a professional manner.

C. Minimum standards of service include the following:

1. Members of the public shall be treated in a respectful manner;

2. Establishments shall honor, in a timely manner, financial obligations to suppliers, distributors, or other persons with whom they conduct business;

3. Any person who has been assessed a fee pursuant to a statute or rule of the Board, shall submit payment of the fee within the required timeframe;

4. An establishment shall not unreasonably delay the filing of a certificate of death;

5. An embalmer shall make every reasonable effort to return the viscera to the body cavity for final disposition. In the event the embalmer is unable to return the viscera to the body cavity, the viscera shall be placed in a non-porous biohazard container, labeled as such, and disposed of in a manner consistent with the disposition of the remains; and

6. Licensees shall obey any lawful order entered by the Board pertaining to the licensee.

D. Code of Ethics and Professional Conduct

1. Service to Families. When making arrangements, funeral directors, embalmers, and establishments (“licensees”) have a legal and ethical responsibility to provide fair, accurate, non-judgmental information, and competent services. Licensees should be mindful of the emotional vulnerability of those wishing to make arrangements. Further, licensees must:

a. Provide the consumer, for his or her permanent use, a copy of the establishment's General Price List at the first meeting with the consumer;

b. Provide fair and consistent services to consumers without regard to religion, race, color, national origin, sex, sexual orientation or disability;

c. Provide funeral services with dignity and respect for the family, consumers, and the deceased;

d. Explain which products and services are required by law and which are optional;

e. State whether products offered for sale or use have been used before;

f. Ensure family decisions on all matters, including services, timing and prices, have been fulfilled, whenever reasonable;

g. Explain any documents presented to a consumer, including any that require a signature, and provide the person with copies;

h. Explain the option of embalming and the consequences of delayed embalming, when applicable; and

i. Obtain written permission from the next of kin or authorizing agent, to embalm or cremate.

2. Service to the Deceased. Licensees are trusted with the remains of deceased people, and there are legal and ethical responsibilities implicit in that trust. In matters regarding the deceased, licensees must:

a. Ensure that every deceased person is treated with care and dignity at the time of receipt, during all transportation, and all proceedings;

b. Treat all deceased persons in the preparation room with proper care and dignity, and properly cover them at all times;

c. Transport, hold and carry out the disposition of human remains only when all required permits and authorizations are held; and

d. Dispose of parts of human remains that are received with the body in a manner that is consistent with the manner used for the final disposition of the body, or in a manner that is consistent with applicable laws.

3. Service to the Public. Licensees have an ethical obligation to provide consumers and potential consumers of services and products with clear information to enable informed decision making. In matters regarding the consumers and potential consumers; a licensee must:

a. Provide complete and honest information about all services;

b. Provide, at the first meeting, a full written list of the prices of the services the consumer has selected; and

c. Ensure all advertising, including products, services and pricing, is clear, truthful and presented in a manner that is not misleading.

4. Compliance with the law and respect for the profession. Licensees have a legal and professional responsibility to comply with all applicable laws and regulations, and an ethical responsibility to represent the profession in an honorable manner. In matters regarding the laws and profession, a licensee shall:

a. Comply with all licensing and permit requirements established by regulatory bodies;

b. Comply with all laws and regulations relating to the profession;

c. Respect the authority and oversight of the Board, and comply with all requests to appear before the Board;

d. Maintain a high level of professional courtesy by being respectful to, and positive about, colleagues;

e. Ensure all establishment employees are aware of, and comply with, the code of ethics at all times;

f. Refrain from engaging in any unfair or deceptive acts or practices defined in the FTC's Funeral Rule;

g. Comply with any preventive requirements specified in the Funeral Rule;

h. Refrain from engaging in any act, omission, or practice that is misleading or deceptive; and

i. Disclose whether there is a markup on a cash advance item, and state whether the licensee has received a rebate, commission, or trade or volume discount when the price is not the same as the licensee's cost. If there is a markup on a cash advance item or if the licensee receives a commission, discount or rebate that is not passed on to the consumer, the licensee cannot state that the price charged for the item is the same as the licensee's cost.

5. Records

a. All records subject to inspection by FTC officials as provided in the Funeral Rule shall also be made available to the Board and its representatives under the same terms.

b. A licensee shall submit, upon request by the Board or its representative, any records kept by the licensee in the normal course of business.

This Rule is effective January 1, 2022.

Credits

Adopted Dec. 12, 2021.

Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.

Ark. Admin. Code 003.22.1-23, AR ADC 003.22.1-23

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