New Jersey § 45:7-65

§ 45:7-65.

a. No person, firm or corporation , or solicitors, agents , canvassers , employees or other persons acting on behalf of that person, firm or corporation, for the purpose of selling or contracting to sell or provide any service or services

commonly furnished or performed by an embalmer or funeral director , including, but not limited to, prepaid funeral agreements and the making of at need

or preneed funeral arrangements, shall: (1) Directly or indirectly solicit persons in hospitals, rest homes, nursing homes

or similar health care facilities by telephone or in person without first having been

specifically requested to do so by that person; (2) Directly or indirectly employ any agent, employee, assistant, independent contractor

or other person to solicit persons in hospitals, rest homes, nursing homes or similar

health care facilities by telephone or in person without first having been specifically

requested to do so by that person; (3) Solicit relatives of persons whose death is apparently pending or whose death

has recently occurred for the purpose of providing any of those services for that

person; (4) Solicit, accept, offer to pay or pay any commission, bonus or rebate in consideration

of recommending or causing any person to use the services of a particular funeral

director, or the services of a particular crematory, mausoleum or cemetery; or (5) Solicit persons at their residences in person or by telephone unless that solicitation

is in response to a previous request for or expression of interest in a funeral director's

services made by the person solicited or by a member of that person's family. b. Nothing in this section shall be construed to restrict the right of a funeral director

or an agent or employee of the funeral director, to communicate, by direct mail or

in any other way not specifically prohibited by this section, with persons or provide

them with information regarding the services of the funeral director, or to solicit

the business of any person responding to that communication and explicitly requesting

further information by personal visit or telephone, or otherwise initiating further

discussion of those services, or to provide services or information to persons in

connection with services previously rendered. c. Nothing in this section shall be construed to prohibit general advertising by a

funeral director. d. Nothing in this section shall be deemed to prohibit the payment of commissions,

bonuses or other compensation to a licensed cemetery salesman for the sale of cemetery

goods or services. e. As used in this section, “ at need funeral arrangements, ” “ preneed funeral arrangements ” and “ prepaid funeral agreement ” shall have the same meaning as they are defined in section 1 of P.L.1993, c. 147 ( C. 45:7-82 ).