Section 1250.205  Advertising

a)         Persons licensed to practice funeral directing and embalming in the State of Illinois may advertise in any medium or other form of public communication in a manner that is truthful and is not fraudulent, deceptive, inherently misleading or proven to be misleading in practice. Such advertising shall contain all information necessary to make the communication not misleading and shall not contain any false or misleading statement or otherwise operate to deceive.  The form of such communication shall be designed to communicate the information contained therein to the public in a direct, dignified and readily comprehensive manner.

b)         Information that may be contained in such advertising includes:

1)         Licensee's name, address, business hours and telephone number;

2)         Schools attended;

3)         Announcement of the opening of, change of, or return to practice;

4)         Announcement of additions to or deletions from professional staff;

5)         Availability of pre-need arrangements;

6)         Professional society memberships;

7)         Credit arrangements;

8)         Foreign language ability;

9)         Fees for professional services and merchandise which must include a statement that fees may be adjusted due to unforeseen circumstances;

10)         Description of the establishment in which the licensee practices, e.g., accessibility to the handicapped, chapel facilities on the premises, convenience of parking; and

11)         Other information about the licensee, the licensee's practice, or the types of practice in which the licensee will accept employment, which a reasonable person might regard as relevant in determining whether to seek the licensee's services.

c)         If an advertisement is communicated to the public over television or radio, it shall be prerecorded and approved for broadcast by the licensee, and a recording of the actual transmission, including videotape, shall be retained by the licensee for a period of at least 5 years.

d)         Information that may be untruthful, fraudulent, deceptive, inherently misleading, or has proven to be misleading in practice, includes that which:

1)         Contains a misrepresentation of fact or omits a material fact required to prevent deception;

2)         Takes advantage of the potential client's fears, anxieties, vanities or other emotions;

3)         Contains testimonials and/or exaggerations pertaining to the quality of funeral services;

4)         Describes as available products or services that are not permitted by the laws of this State and/or applicable Federal laws; and

5)         Advertises professional services that the licensee is not licensed to render.

e)         The solicitation of funeral services at the residence of a client or prospective client, or any health care institution in which the client or prospective client is confined, which is uninvited and which has not been previously agreed to by the client or prospective client, is prohibited.  A licensee, or his or her representative, may initiate contact with a client, or prospective client, in the following manner:

1)         Through general advertising;

2)         By direct mail;

3)         By telephone; or

4)         As an invitee of a charitable, social, civic, religious, fraternal or employee or trade organization.

f)          A licensee or his or her representative shall not initiate contact with a client or prospective client if:

1)         The licensee, or his or her representative, reasonably should know that the physical, emotional or mental state of the person solicited is such that the person could not exercise reasonable judgment;

2)         The person solicited has made known a desire not to receive the communication; or

3)         The solicitation involves coercion, duress or harassment.

(Source:  Amended at 28 Ill. Reg. 4911, effective March 3, 2004)