Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-1-10 - Advertising10.1. All advertising shall comply with the requirements set forth in W. Va. Code §§ 30-6-1 et. seq.10.2. A licensee, apprentice or any other person, persons or business organization associated or in any way connected with a funeral establishment shall not use or sponsor the use of any false, misleading, untrue or deceptive advertising in any manner. 10.2.1. If the words "Free," "Without Charge" or other words with similar connotations have the effect of misleading the public, the Board may consider the advertisement to be false and misleading.10.2.2. A licensee, apprentice or any other person, persons or business organization associated or in any way connected with a funeral establishment shall not solicit business or offer any inducement, pecuniary or otherwise, for employing solicitors, agents, canvassers or other persons for the purpose of securing or attempting to secure business. These persons shall not call upon, telephone, write or cause, directly or indirectly, advertising literature to be sent to a sick or dying person as would tend to be considered non-general, selective or soliciting advertisements. A licensee, apprentice or any other person, persons or business organization associated or in any way connected with a funeral establishment shall not offer or accept bribes or kickbacks, direct or indirect.10.2.3. All advertising shall have no limit as to size providing the advertising is not in any way false, misleading, untrue or deceptive. The contents of the advertising shall include the name of the funeral establishment, its address and telephone number and the name of the licensed funeral director in charge. It may also include a description of the types of services available and prices and the service facilities of the advertiser as well as general information pertaining to his or her business. 10.2.3.a. A funeral establishment may advertise an individual casket price or prices; provided, mat the advertisement contains both the casket price or prices and a disclosure which informs the public there is an additional charge for the funeral services. The Board shall not require that the exact charges for such services be included. The cemetery costs, opening grave costs, vault costs or excess mileage costs are not considered necessary to constitute a complete funeral.10.2.3.b. Any funeral director advertising any merchandise used in connection with his or her business shall carry in his stock a sample of the merchandise for a period of not less than thirty (30) days after advertisement publication and must be able to meet any and all demands for such items, with no increase in price, for the stated period of not less man thirty (30) days.10.3. Exceptions to subsection 10.2.3. of this section.10.3.1. Advertising medium which is notably small in size is exempt from subsection 10.2.3 of this rule, including but not limited to pens, pencils, pins or other items smaller than 1.5 inches in diameter.10.3.2. Registered trade mark logos are exempt from subsection 10.2.3 of this rule.10.3.3. A licensee may request additional exemptions based on the size of the advertising medium by filing a written request in the Board office, before ordering the items. The Board shall approve or deny the request within thirty (30) days of receipt of the request.10.3.4. A business card is exempt from this rule.