2006 New York Code - Prohibited Practices.



 
    §  20-733 Prohibited practices.  It shall be unlawful for any provider
  of funeral services:
    a. to embalm without orally informing the customer that  embalming  is
  not  required  by  law  or  to  furnish  other  services  or merchandise
  including embalming, without having first  obtained  from  the  customer
  explicit written or oral authorization;
    b.  to  obtain  custody  of a deceased human body without having first
  received from the customer explicit written or oral authorization;
    c. to fail to promptly release a body or  give  information  regarding
  the care or whereabouts of a body upon request of a customer;
    d.  to misrepresent cremation needs including requiring a customer who
  expresses an interest in immediate cremation of deceased  human  remains
  to  purchase  a casket, or claiming expressly or impliedly that a casket
  is required by law, or failing to make available  to  such  customer  an
  alternative container;
    e.  to  misrepresent  the  law,  public  health necessity or religious
  requirements including the legal and health necessities for embalming, a
  casket, or an outer interment receptacle;
    f. to make false preservative value claims,  including  claiming  that
  decomposition  or decay of a deceased human body can be prevented by the
  use or purchase of embalming, a casket, a burial vault  or  other  outer
  interment receptacle;
    g.  to  charge in excess of the amount advanced, paid or owed to third
  parties on behalf of customers, or not passing along to the customer any
  discount, rebate or other benefit received from third  parties  for  any
  items  of  service  or  merchandise  described as "cash advances", "cash
  disbursements", "accommodations", or words of similar import.

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