Unprofessional conduct includes the following:
(1) Aiding or assisting a funeral director
whose license has been suspended or revoked or an unlicensed person to engage
in an act or practice for which a license is required.
(2) Demonstrating disrespect toward or
mutilating the remains of the deceased person.
(3) Making a comment or public announcement
in defamation of another funeral director. This does not prohibit one licensee
from testifying against another licensee or from filing a bona fide complaint
with the Board.
in the establishment of a business or professional relationship with or in the
operation of a burial association, mutual assessment association, burial
certificate plan, insurance company, lodge company, society or religious or
other organization whose plan or scheme of organization or operation limits or
interferes with the rights of a person entitled by law to dispose of the body
of a deceased member, policyholder or certificateholder.
(5) Paying or extending an offer to pay or
give to a person, agency or group a commission or a valuable consideration for
the solicitation or procurement of clientele.
(6) Offering, directly or indirectly, or
giving money or an item of value to an employee of the Commonwealth to directly
or indirectly influence the administration or enforcement of the act or this
chapter, except for the payment of fees required by the act and this
(7) Failing to notify the
Bureau, in writing, of a demand, solicitation or attempted extortion of money
or an item of value, by or on behalf of an employee assigned to the
administrative jurisdiction of the Commissioner, and failing to furnish
additional information reasonably requested.
(8) Attempting to influence the judgment of
the family in the selection of a funeral director, funeral arrangements or
funeral merchandise when a family group is divided on these issues.
(9) Aiding or abetting another licensed
funeral director to violate the act or this chapter.
(10) Failure to fulfill the professional
responsibilities of a funeral director as described in the act or this
(11) Furnishing embalming,
other services or merchandise without having obtained written permission from a
family member or other person authorized by law to make funeral arrangements
for the deceased. Oral permission to embalm, followed by a confirmatory e-mail,
fax, telex, telegram, mailgram or other written confirmation will be
(12) Renting or
exchanging funeral establishments by one or more funeral directors for the
purpose of creating a secondary location for funeral services. Renting of an
establishment for funeral services by a funeral director over 10 times a year
shall be evidence of attempting to create a secondary location.
(13) Retaining funds intended to pay for
funeral goods and services when the funeral director and funeral entity have
not provided any funeral goods and services or when the amount of funds
retained is in excess of the value of funeral goods and services actually
provided by the funeral director or funeral entity, as set forth on the general
price list in effect at the time the funeral goods and services are actually
provided. This paragraph does not apply to funds received under an agreement
entered into by the funeral director, or the funeral entity employing that
funeral director, while the decedent was still living to provide funeral goods
or services on behalf of the decedent when needed.
(14) Performing funeral services on behalf of
a funeral entity that the funeral director knew, or should have known, was not
in compliance with section 8 of the act (63 P. S. §
479.8), regarding conduct of
(15) Refusing to release
remains until consideration, whether earned or not, has been paid.
Failing to comply with the regulations
of the Federal Trade Commission in 16 CFR Part 453
(relating to funeral