Statutes, codes, and regulations
Delaware Administrative Code
Title 24 - Regulated Professions and OccupationsDepartment of StateDivision of Professional Regulation
Board of Funeral Services
Section 3100-12.0 - Standards for Advertising by Funeral Directors

24 Del. Admin. Code § 3100-12.0

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 3100-12.0 - Standards for Advertising by Funeral Directors

The Purpose of these standards is to protect the general public and to prohibit false, misleading, untrue or deceptive advertising practices by licensees.

12.1 Definitions
12.1.1 "Advertise," "advertising," or "promotional medium" means the use of printed media, radio, television, billboards, the internet, stationary, contracts, price lists, calendars, fans, novelty items, or any other advertising method or medium.
12.1.2 For the purposes of this rule, "funeral establishment" means any licensed place used in the care and preparation of human remains for funeral services.
12.2 General Rule
12.2.1 A licensee may not make or cause to be made an inaccurate or deceptive statement, representation, guaranty, warranty, testimonial or endorsement through advertising or promotional medium.
12.2.2 A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.
12.2.3 A licensee who violates these regulations regarding advertising may be guilty of consumer fraud, deception, restraint of completion, or price fixing and may be disciplined pursuant to 24 Del.C. § 3112(a)(5) and subjected to the disciplinary sanctions set forth in 24 Del.C. § 3114.
12.3 Prohibitions
12.3.1 A licensee shall not use, publish or disseminate any false, misleading, untrue or deceptive advertising in any manner.
12.3.2 The contents of any advertising shall include the name of the funeral establishment, its address and its business phone number.
12.3.3 An advertisement shall not contain any representations that the licensee is willing to provide services which are illegal under the laws or regulations of the State of Delaware or the United States.
12.3.4 A licensee shall not engage in solicitation from a dying individual or the relatives of a dying individual other than through general advertising.
12.3.5 Any mention of fees in an advertisement shall disclose any relevant variables that would affect that fee so that the statement can not be misunderstood or deceptive to the general public.

24 Del. Admin. Code § 3100-12.0

5 DE Reg. 606 (09/01/01)
8 DE Reg. 1285 (03/01/05)
9 DE Reg. 262 (08/01/05)
10 DE Reg. 1154 (01/01/07)
12 DE Reg. 1335 (04/01/09)
16 DE Reg. 106 (07/01/12)
16 DE Reg. 655 (12/01/12)