(1) A funeral establishment whose services are purchased shall make every reasonable attempt to fulfill the expressed needs and desires of the person with the right of final disposition, and shall make a full disclosure of all its available services and merchandise to the arrangers prior to selection of the casket.
Before a person selects the funeral, the funeral establishment shall provide a writtenitemized list of the prices of all available merchandise and individual services at that funeral establishment. Full disclosure shall also be made in the case of a memorial service and as to use of funeral merchandise and facilities. In no event shall the person be required to purchase services or products contained on the itemized list that are not desired for the funeral unless the services or goods are required by law.
Any statements of legal or practical requirements shall be complete and accurate,including the conditions under which embalming is required or advisable. Representations as to the use or necessity of a casket or alternative container in connection with a funeral or alternatives for final disposition shall be truthful and shall disclose all pertinent information.
When quoting funeral prices, either orally, by use of a disclosure statement, or by afinal bill, the funeral establishment shall only list those items as cash advances or accommodation items that are paid for or could be paid for by the next of kin in the same amount that is paid by the funeral home.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, § 1, effective October 1.
Editor's note: This section is similar to former § 12-54-106 as it existed prior to 2019.