April 21, 2003Rule AdoptionDivision Of Consumer... -
[Cached Version]
Last Visited: 3/2/2005
6. Maryann Carroll, Director of Government and Public Affairs, New Jersey State Funeral Directors Association, Manasquan, N.J.;
...
COMMENT: Ms. Carroll, on behalf of the New Jersey State Funeral Directors Association ("the Association") stated that the Association supports the Board's mission to protect New Jersey funeral consumers and notes that the Association believes that the proposed new rule requiring disclosure of ownership information is targeted at fewer than 30 funeral establishments in New Jersey which are owned by publicly traded corporations.
RESPONSE: The Board thanks the Association for its support but notes that the proposed new rule requiring disclosure of ownership was not intended to target publicly traded establishments.Rather, the Board's intention in proposing the new rule is to provide consumers with relevant and useful information concerning the ownership of funeral establishments so that consumers will be better able to compare prices for funeral services.Whether a funeral establishment is a publicly traded or privately owned corporation, or whether it is organized in some other manner, is irrelevant to the disclosure required by the new rule.
COMMENT: Ms. Carroll stated that proposed new rule N.J.A.C. 13:36-5.21, which requires a funeral establishment to disclose if the business is owned by a person who owns another funeral establishment in New Jersey, does not require disclosure of who actually owns the funeral establishment.
...
COMMENT: Ms. Carroll suggests that if the Board accepts the Association's proposed amendment to subsection (a) of N.J.A.C. 13:36-5.21 to require actual disclosure of the persons who own the registered mortuary, then subsection (b) should be further amended to require disclosure on the general price list only.
...
COMMENT: Ms. Carroll suggests that if the Board accepts the Association's proposed amendments to subsection (a) of N.J.A.C. 13:36-5.21 to require actual disclosure of the persons who own the registered mortuary, then in order to prevent repetitive information from appearing on the general price lists, the proposal should be further amended to provide that when the name of the funeral establishment and the owner(s) are substantially identical, ownership disclosure should not be required.For example, if the John Doe Funeral Home is owned by John Doe Funeral Home Inc., ownership disclosure would be unnecessary.The Association also suggests that if the Board requires actual disclosure of ownership, them the new rule should be amended further to provide that if ownership disclosure results in the disclosure of the name of an unlicensed owner, the unlicensed owner's name should be followed by a notation that he or she is not a licensed funeral director.
...
COMMENT: Ms. Carroll stated that the Association supports the proposed amendment to N.J.A.C. 13:36-9.9(b)2ii, which requires disclosure to funeral service purchasers concerning where a decedent may be embalmed.
RESPONSE: The Board thanks the New Jersey State Funeral Directors Association for its support of the amendments to N.J.A.C. 13:36-9.9.
COMMENT: Ms. Carroll requested that the Board establish a reasonable effective date for the proposed amendments and new rule so as to allow funeral establishments time to reprint their price lists, and redesign establish signs, if necessary.