20:45:02:06Prearranged funeral contracts.

A prearranged funeral must be contracted for on a form prepared by the funeral establishment. The form must comply with SDCL chapter 55-11 and must be in triplicate. One copy must be kept in the funeral establishment. One copy must be delivered to the purchaser or beneficiary of the fund. One copy must be left with the depository as directed by SDCL 55-11-3. Any funeral establishment and licensee, who is a party to a prearranged funeral contract, must be knowledgeable of and must fully comply with SDCL chapter 55-11. Any violation of SDCL chapter 55-11 is grounds for revocation or suspension of a license. Any prearranged funeral contract funded by an insurance policy purchased from or through a funeral establishment for the purpose of paying, in whole or in part, for the purchase or rental of personal property and professional services for the final disposition of a body requires the funeral establishment to prepare a form itemizing the property and services and to deliver a copy to the purchaser or beneficiary of the contract. A copy of the contract must also be retained by the funeral establishment for seven years after completing the contracted services.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.