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What is NYC AC § 20-733?

Quick Answer

This section prohibits funeral service providers from engaging in certain deceptive practices, including failing to inform customers about the non-requirement of embalming, misrepresenting cremation needs, and not promptly releasing a body upon request. Applies to funeral service providers and their interactions with customers.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-733 Prohibited practices.

AC § 20-733

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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