32-1391.01. Powers and duties of department

A. The department shall adopt rules that:

1. Describe or define deceptive, misleading or professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts.

2. Implement and interpret consumer disclosure requirements of this article to provide adequate information to purchasers of prearranged funerals.

3. Prescribe funeral establishment recordkeeping requirements concerning prearranged funeral trust sales and prearranged funeral trust accounts and the handling and disposition of trust funds.

4. Define terms and develop forms and procedures to implement this article.

B. The department of health services shall enter into an intergovernmental agreement with the department of insurance and financial institutions to examine and report on prearranged funeral trust accounts of funeral establishments and to review prearranged funeral trust sales and trust account forms and procedures used by funeral establishments.