Any person, partnership, association, corporation, or other form of organization, or any agent or representative thereof, who violates any of the provisions of this chapter is guilty of a misdemeanor.
Cemetery and Funeral ActPenal Provisions
Section § 7715
If anyone or any type of business or their representatives break any rules in this chapter, they can be charged with a misdemeanor, which is a type of crime.
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Section § 7716
This law makes it illegal for funeral homes, funeral directors, embalmers, or their representatives to pay or offer any kind of money or valuable item to secure business when someone has died or is about to die. Doing so is considered a misdemeanor, which is a type of criminal offense.
Every funeral establishment, funeral director or embalmer, or the agents or representatives thereof, who, after a death or while a death is impending, pays, offers to pay or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business is guilty of a misdemeanor.
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Section § 7717
This law makes it a misdemeanor to give, offer, or arrange any commission, bonus, rebate, or valuable item to funeral homes, directors, embalmers, or their associates as a reward for recommending or arranging for the burial or cremation of a deceased person at a specific location like a crematory, mausoleum, or cemetery.
Every person, who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery, is guilty of a misdemeanor.
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Section § 7717.5
It's illegal for anyone to give or offer rewards to a funeral home or its staff for recommending a specific florist for funeral services. However, this doesn't apply if the funeral home owns the flower shop.
Every person who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, is guilty of a misdemeanor; provided, that this section shall not apply to a funeral establishment or funeral director who owns or operates a flower shop as a part of his, her or its funeral business, or to his, her or its agents or employees.
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Section § 7718
This law makes it a misdemeanor for anyone to take money or valuable items from a funeral business or its representatives to steer business their way after someone dies or is about to die.
Every person who, after a death or while a death is impending, solicits or accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral establishment, funeral director or embalmer, his, her, or its agent or representative, in order that the funeral establishment, funeral director or embalmer might obtain business, is guilty of a misdemeanor.
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Section § 7718.5
If you claim to be a funeral director without having the proper license, whether on your own, as part of a business, or working for a company, you are committing a misdemeanor.
Every person as an individual, as a partner in a partnership or as an officer or employee of a corporation, association or other organization, who, without a license, holds himself or herself out as a funeral director, is guilty of a misdemeanor.
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Section § 7719
If someone commits a misdemeanor under this section, they can be sentenced to up to six months in county jail, fined up to $1,000, or both.
Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
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