Bill Text: NJ A323 | 2018-2019 | Regular Session | Introduced
Bill Title: Concerns practice of funeral directing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Regulated Professions Committee [A323 Detail]
Download: New_Jersey-2018-A323-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
SYNOPSIS
Concerns practice of funeral directing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the practice of funeral directing and revising various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 18 of P.L.1960, c.184 (C.45:7-65.3) is amended to read as follows:
18. a. No person, firm or corporation, or solicitors, agents, canvassers, employees or other persons acting on behalf of that person, firm or corporation, for the purpose of selling or contracting to sell or provide any service or services commonly furnished or performed by an embalmer or funeral director, including, but not limited to, prepaid funeral agreements and the making of at need or preneed funeral arrangements, shall:
(1) Directly or indirectly solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
(2) Directly or indirectly employ any agent, employee, assistant, independent contractor or other person to solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
(3) Solicit relatives of persons whose death is apparently pending or whose death has recently occurred for the purpose of providing any of those services for that person;
(4) Solicit, accept, offer to pay or pay any commission, bonus, cash advance or rebate in consideration of recommending or causing any person to use the services of a particular funeral director, or the services of a particular crematory, mausoleum or cemetery; or
(5) Solicit persons at their residences in person or by telephone unless that solicitation is in response to a previous request for or expression of interest in a funeral director's services made by the person solicited or by a member of that person's family.
b. Nothing in this section shall be construed to restrict the right of a funeral director or an agent or employee of the funeral director, to communicate, by direct mail or in any other way not specifically prohibited by this section, with persons or provide them with information regarding the services of the funeral director, or to solicit the business of any person responding to that communication and explicitly requesting further information by personal visit or telephone, or otherwise initiating further discussion of those services, or to provide services or information to persons in connection with services previously rendered.
c. Nothing in this section shall be construed to prohibit general advertising by a funeral director.
d. Nothing in this section shall be deemed to prohibit the payment of commissions, bonuses or other compensation to a licensed cemetery salesman for the sale of cemetery goods or services.
e. As used in this section, "at need funeral arrangements," "preneed funeral arrangements" and "prepaid funeral agreement" shall have the same meaning as they are defined in section 1 of P.L.1993, c.147 (C.45:7-82); and "cash advance" means any good or service arranged for or obtained by a funeral provider from a third party in connection with a funeral or disposition on a purchaser's behalf and itemized by the funeral provider on the statement of funeral goods and services as a "cash advance," "cash advance item," "cash disbursement" or similar term. A cash advance shall include, but not be limited to the following: fees charged by a cemetery or crematory; fees for the filing of death certificates and for certified copies of the same; fees for disposition, disinterment, and transit permits; fees for clergy honoraria, the use of places of worship and the provision of other religious services; and fees related to services for the determination and pronouncement of death.
f. Nothing in this section or P.L.1952, c.340 (C.45:7-32 et seq.), or in any rule or regulation adopted pursuant thereto, shall prohibit a mortuary or its employees or agents from the solicitation, acceptance, payment or receipt of any commission, bonus, cash advance or rebate, in consideration of recommending or causing any person to use or purchase any product or the services of any provider of goods or services, not otherwise specifically prohibited by this section.
g. No funeral provider shall make a charge for a cash advance to any purchaser that is greater than the amount charged to the funeral provider.
(cf: P.L.1993, c.147, s.15)
2. Section 16 of P.L.1960, c.184 (C.45:7-65.1) is repealed.
3. This act shall take effect immediately.
STATEMENT
This bill amends the "Mortuary Science Act," P.L.1952, c.340 (C.45:7-32 et seq.) to prohibit funeral providers from soliciting, accepting, offering to pay or paying any cash advance in consideration of recommending or causing any person to use any good or service. Current law prohibits funeral providers from soliciting, accepting, offering to pay or paying any commission, bonus or rebate in consideration of recommending or causing any person to use the services of a particular funeral director, or the services of a particular crematory, mausoleum or cemetery only. This bill extends the prohibition to cash advances as well.
The bill defines "cash advance" as any good or service arranged for or obtained by a funeral provider from a third party in connection with a funeral or disposition on a purchaser's behalf and itemized by the funeral provider on the statement of funeral goods and services as a "cash advance," "cash advance item," "cash disbursement" or similar term. Under the bill, the following items are to be classified as cash advances: fees charged by a cemetery or crematory; fees for the filing of death certificates and for certified copies of the same; fees for disposition, disinterment, and transit permits; fees for clergy honoraria, the use of places of worship and the provision of other religious services; and fees related to services for the determination and pronouncement of death.
The bill also provides that no other law, regulation or rule will prohibit a mortuary or its employees or agents from the solicitation, acceptance, payment or receipt of any commission, bonus, cash advance or rebate, in consideration of recommending or causing any person to use or purchase any product or the services of any provider of goods or services that are not otherwise prohibited by this statute.
Finally, the bill repeals section 16 of P.L.1960, c.184 (C.45:7-65.1), which prohibits a person who operates, maintains, or uses a mortuary from serving any food or refreshments in conjunction with any funeral or service offered for the preparation and disposal of dead human bodies. If this bill is enacted into law and the prohibition is lifted, food or refreshments could be served to or catered for the friends and family of the deceased on the premises of a mortuary or funeral home at the discretion of the funeral director.
