A licensee or intern embalmer may not publish or disseminate false, misleading, or deceptive advertising. False, misleading, or deceptive advertising includes:
1. Identifying, by using the names or pictures of, persons who are not licensed to practice funeral service in a way that leads the public to believe those persons will provide funeral service; 2. Using any name other than the names under which the funeral establishment or crematory is known to or licensed by the board; 3. Using a surname not directly, actively, or presently associated with a licensed funeral establishment or crematory, unless the surname had been previously and continuously used by the licensed funeral establishment or crematory; and 4. Using a founding or establishing date or total years of service not directly or continuously related to a name under which the funeral establishment or crematory is currently or was previously licensed. Any advertising or other printed material that contains the names or pictures of persons affiliated with a funeral establishment or crematory must state the position held by the persons and must identify each person who is licensed or unlicensed.
N.D. Admin Code 25-08-02-02
General Authority: NDCC 43-10-05
Law Implemented: NDCC 43-10-05