N.J. Admin. Code § 13:36-11.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:36-11.2 - License and registration required; Statement of Funeral Goods and Services Selected and preneed arrangement required; price lists; compliance with at need laws

(a) No person, firm or corporation shall sell, offer to sell, or make, or offer to make preneed funeral arrangements or prepaid funeral agreements unless that person, firm or corporation is licensed and registered pursuant to the Mortuary Science Act, N.J.S.A. 45:7-32, to engage in the business and practice of mortuary science.

(b) Only a provider whose business and practice is located within the physical confines of a mortuary registered by the Board may make prepaid funeral agreements or preneed funeral arrangements, although providers may make prepaid agreements or preneed arrangements outside the actual confines of a registered mortuary.

(c) This section shall not be construed to prohibit an otherwise qualified person, firm or corporation from acting as a provider operating under a trade name or other assumed name or through a subsidiary of a corporation duly licensed and registered pursuant to the Mortuary Science Act, N.J.S.A. 45:7-32, to engage in the business and practice of mortuary science.

(d) No provider shall offer, enter into or offer to enter into a prepaid funeral arrangement, whether funded by a funeral trust or funeral insurance policy, unless at the time of said transaction the provider furnishes the purchaser with:

1. A prepaid funeral agreement as defined and described by N.J.A.C. 13:36-11.1, 11.3 and 11.4;

2. A separate Statement of Funeral Goods and Services Selected for the intended funeral recipient describing and itemizing the prepaid funeral goods and services agreed upon, completed and signed in accordance with N.J.A.C. 13:36-1.9, whether or not the prepaid funeral agreement itself itemizes the funeral goods and services to be furnished at the time of need. A separate Statement of Funeral Goods and Services Selected shall also be completed and signed in accordance with N.J.A.C. 13:36-1.9 when at need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement and when a revocable prepaid funeral agreement becomes an irrevocable funeral agreement and changes to the agreement are necessary to ensure compliance with the requirements of N.J.A.C. 13:36-11.6; and

3. The price lists as required by N.J.A.C. 13:36-9.5, 9.6 and 9.7 to be offered and provided to a purchaser at the time of an at need funeral arrangement.

(e) A provider shall comply with all of the requirements provided by statute and this subchapter for the making of an at need funeral arrangement when making or offering to make prepaid funerals or preneed funeral arrangements.

(f) All newly issued funeral insurance policies sold for the purpose of funding a prepaid funeral agreement shall:

1. Be sold by an individual who is licensed to sell insurance pursuant to N.J.S.A. 17:22A-1 et seq.; and

2. Fully comply with all relevant insurance laws of this State including but not limited to, N.J.S.A. 17B:17-5.1.

N.J. Admin. Code § 13:36-11.2

Amended by R.1999 d.355, effective 10/18/1999.
See: 31 N.J.R. 2133(a), 31 N.J.R. 3126(a).
In (a) and (c), deleted references to funeral directing.
Amended by R.2005 d.100, effective 4/4/2005.
See: 36 N.J.R. 4651(a), 37 N.J.R. 1036(b).
In (d), substituted "arrangement" for "agreement" in the introductory paragraph and rewrote 2.
Amended by R.2011 d.298, effective 12/19/2011.
See: 42 N.J.R. 2732(a), 43 N.J.R. 3367(c).
In the introductory paragraph of (d), deleted a comma following "into"; and in (d)2, inserted "and when a revocable prepaid funeral agreement becomes an irrevocable funeral agreement and changes to the agreement are necessary to ensure compliance with the requirements of N.J.A.C. 13:36-11.6".