S.D. Admin. R. 20:45:02:06 - Prearranged funeral contracts

A prearranged funeral contract includes any transaction in which a person, or someone on the person's behalf, before the person's death, contracts with a funeral establishment for the purchase or rental of personal property or professional services for the final disposition of the person's body. A prearranged funeral shall be contracted for on a form prepared by the funeral establishment. The form shall comply with SDCL chapter 55-11 and shall be in triplicate. One copy shall be kept in the funeral establishment. One copy shall be delivered to the purchaser or beneficiary of the fund. One copy shall be delivered to the bank, federal credit union, or savings and loan association, if applicable. Any funeral establishment and licensee, who is a party to a prearranged funeral contract, must be knowledgeable of and must fully comply with SDCL chapter 55-11, and any violation of SDCL chapter 55-11 is grounds for revocation of a license. Any prearranged funeral contract funded by an insurance policy purchased from or through a funeral establishment for the purpose of paying, in whole or in part, for the purchase or rental of personal property and professional services for the final disposition of a body requires the funeral establishment to prepare a form itemizing such property and services and to deliver a copy to the purchaser or beneficiary of the contract and to retain a copy.

Notes

S.D. Admin. R. 20:45:02:06
SL 1975, ch 16,

General Authority: SDCL 36-19-9(5).

Law Implemented: SDCL 36-19-9(5).

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