Section 13.193. Advertising media to include licensed individual

In order that the public knows the name of a licensed person who will serve them, an establishment which is maintained under a pre-1935 corporation, restricted business corporation, widow, widower or estate license shall indicate the name of the permanent supervisor in advertising media.

The provisions of this § 13.193 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143313).

Notation

Notes of Decisions

Constitutionality

This regulation does not unconstitutionally restrict the funeral establishment supervisor’s right to freedom of commercial speech, where indicating the name of a supervisor in all advertisements lessens the possibility that the consumer may be deceived at little or no inconvenience to the funeral director. Kleese v. State Board of Funeral Directors, 738 A.2d 523 (Pa. Cmwlth. 1999).

Cross References

This section cited in 49 Pa. Code § 43b.6 (relating to schedule of civil penalties—funeral directors and funeral establishments).