Section 13.252. Profession of funeral directing—statement of policy

(a) Since the enactment of the act, the Board, the Bureau and the Bureau of Enforcement and Investigation have interpreted ‘‘profession’’ as used in section 2(1) of the act (63 P. S. § 479.2(1)) to exclude:

(1) An individual engaged in the performance of the ceremonies, customs, religious rites or religion of any people, denomination or sect as constituting the practice or observance of religion in accordance with Pa. Const. Art. I, § 3 and U.S. Const. amend. I.

(2) A religious denomination or sect, or a body composed of members of a denomination, when the acts of the religious denomination or sect constitute the practice or observance of religion under Pa. Const. Art. I, § 3 and U.S. Const. amend. I.

(3) A committee of a church, meeting, mosque, synagogue, temple or other congregation of religious believers in the handling, transporting, preparing and disposition of deceased human bodies in accordance with the practice or observance of religion under Pa. Const. Art. I, § 3 and U.S. Const. amend. I.

(b) The exclusion of religious practices and observances in subsection (a) from the term ‘‘profession’’ does not extend to a person, whether or not that person is a religious body, denomination or sect, a member of a religious body, denomination or sect, has been ordained as a member of the clergy of a religious body, denomination or sect, or commits the act in connection with a religious practice or observance, who performs any of the following acts:

(1) Advertises as a funeral director.

(2) Holds himself out as a funeral director.

(3) Embalms or performs the scientific preparation of human remains.

(4) Engages in ‘‘trade’’ or ‘‘commerce’’ as defined in section 2 of the Unfair Trade Practices and Consumer Protection Law (73 P. S. § 201-2) when trade or commerce involves either of the following:

(i) Funeral services for profit.

(ii) Funeral services and funeral merchandise incidental to funeral services for profit.

The provisions of this § 13.252 adopted March 15, 2013, effective March 16, 2013, 43 Pa.B. 1422.