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Guardians
An ICFA newsletter published semi-annually, Guardians is distributed to regional and state cemetery and funeral trade associations, federal officials, elected representatives and selected media. Each issue highlights recent ICFA activities on a variety of projects, including government relations, public service and consumer education.
Spring/Summer 2002
ICFA Circulates Cremation Procedure Guidelines
ICFA Submits Comments on Recent Events in Two States
ICFA Supports Objective Investigation by GAO of Alleged Misconduct
ICFA Responds to News Magazine Report on Cemetery Practices
Compliance with ICFA Code of Ethics is Mandatory for Members
ICFA Circulates Cremation Procedure Guidelines
Earlier this year, events at a Georgia crematory heightened interest in the proper handling of processing human remains for cremation. The ICFA responded to numerous inquiries it received by circulating its "Recommended Procedures for Handling Dead Human Bodies for Cremation by Mortuaries, Cemeteries and Crematories," a document that the Association had originally published in 1985 and has republished each year thereafter in its Membership Directory. These procedures were originally developed by the Cremation Association of North America and were modified by the ICFA prior to its endorsement.
The ICFA has also circulated two of its 28 "Model Guidelines for State Laws and Regulations" that deal with cremation issues. The two guidelines are, "Handling of Human Remains in Conjunction with the Cremation Process" and "Handling of Human Remains in Conjunction with Final Disposition." These guidelines highlight the fact, among other things, that cremation is a processing of human remains and is not a final disposition of the remains. Originally published three years ago, the ICFA model guidelines for state laws have been circulated to federal and state government agencies, consumer organizations and trade associations including the Federal Trade Commission and AARP.
In addition, the ICFA provided its members with model contracts for use when arranging for cremation services with third party providers. The model contracts specify the respective duties and obligations of each party to the agreement and providers for unannounced inspections by funeral homes and cemeteries that employ third party crematories. The various ICFA model guidelines and contracts can be viewed on the association's web page at www.icfa.org/cremation_guides.htm.
The Association also provides extensive consumer information on cremation and related topics involving funerals, burials and memorialization. This material can be accessed on the ICFA Web page at www.icfa.org/cremation.htm.
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ICFA Submits Comments on Recent Events in Two States
The ICFA submitted comments to the Senate Health, Education, Labor and Pensions Subcommittee on Children and Families concerning the recent burial and cremation incidents in Florida and Georgia. The Subcommittee, under the chairmanship of Senator Chris Dodd, held a two and a half hour hearing on April 26th to discuss the issues raised in both cases.
In its comments, the ICFA stated that it shared the Subcommittee's concern over recent events "and the effect these events may have on public confidence in the allied funeral, interment and memorialization industries.... The root cause of the cremation scandal in Georgia involved the lack of on-site inspection. The allegations involving the Florida cemetery raise issues of unauthorized disinterments, multiple selling of the same cemetery lot, and a lack of adequate record keeping." A representative of the Federal Trade Commission who testified at the hearing observed that, to the extent that criminal acts may be involved in either state, the FTC already has the statutory authority to intervene through Section 5 of the FTC Act. Also, since the hearing Georgia has enacted a new law requiring the inspection of all crematories by the state.
The ICFA comments reviewed the Association's "Model Guidelines for State Laws and regulations" that were published during 1998 and 1999 as part of its advocacy for uniform state laws coupled with strict enforcement efforts. Earlier this year, the ICFA Board of Directors approved a twenty-eighth model guideline dealing with mandatory written price disclosures.
The ICFA also serves as national coordinator of the Cemetery Consumer Service Council (CCSC) since its inception in 1979. The CCSC is an industry-sponsored organization that assists consumers without charge by answering their inquiries about industry policies and practices, and also informally mediates complaints by consumers against cemeteries. Although the CCSC cannot force the settlement of any complaint, it has resolved most of the complaints that it receives through the voluntary cooperation between the cemetery and the consumer involved. The Council annually reports its activities to the Federal trade Commission, state attorney general offices, the Better Business Bureaus, and other interested parties.
The ICFA had a follow-up meeting with Subcommittee staff and pledged it cooperation and assistance. The full text of the ICFA comments to the Subcommittee can be viewed at www.icfa.org/government.htm.
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ICFA Supports Objective Investigation
By GAO of Alleged Misconduct
In late February, the ICFA publicly announced its support of an impartial and objective investigation to explore allegations of misconduct in response to the recent cremation scandal in Georgia. ICFA President Gregory J. Easley, CCE, stated, "Given the emotionally charged atmosphere caused by the Georgia scandal, a fair and impartial investigation at this time will help address the concerns of the public. The ICFA believes that the U.S. General Accounting Office (GAO), the investigative arm of Congress, is perhaps the best resource for conducting an investigation, given its reputation for objective fact-finding and for placing the issues into context. The ICFA supported a related GAO investigation in 1999, which proved helpful in clearing the air and separating fact from innuendo. We believe that if a similar high standard of objectivity is practiced today, all parties will be satisfied." The ICFA has pledged its full cooperation in any Congressional investigation.
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ICFA Responds to News Magazine
Report on Cemetery Practices
The March 11th issue of U.S. News and World Report published a story alleging misconduct involving cemeteries in various areas. After investigating the claims made in the story, ICFA External Chief Operating Officer and General Counsel Robert M. Fells sent the following letter to the editor, portions of which were subsequently published by the magazine:
It is with regret we note that "Yellow Journalism" is alive and well in the pages of your publication. The article, "Burial Plots," by Kit R. Roane, juxtaposes some highly anecdotal accounts with some general comments by state regulators and - presto - a national scandal is fabricated. Even the objective findings by the U.S. General Accounting Office (GAO) citing the low volume of consumer complaints against cemeteries and funeral homes is manipulated to sound ominous. The GAO noted that there was no central repository of complaints, concluding that the low complaint volume could be overstated as well as understated. Your coverage seriously skewed those findings by abbreviating them.
Perhaps the most glaring error is the statement, "Mortuaries, cemeteries, and crematories are notoriously underregulated." As this Association has stated in testimony submitted to the Federal Trade Commission, relevant state laws regulating the industry number approximately 10,000 pages in length, and a summary of citations to those laws numbers about 30 pages. In addition, a simple listing of citations to the federal laws and regulations applicable to cemeteries, funeral homes, and crematories runs almost three pages in length. Whatever the problem, to claim that industry members are underregulated is just plain wrong.
The real focus should center on the level of enforcement by state agencies and the need to fill gaps in laws and regulations. The Georgia cremation scandal is an inspection issue that industry model laws and guidelines have long addressed. For example, this Association published twenty-seven Model Guidelines for State Laws and Regulations some years ago and continues to circulate these documents to governmental agencies and officials. The Guidelines address a variety of consumer protection issues on a straightforward and practical level including a state-administered Consumer Guarantee Fund. The difference between our respective publications is that ours advocates solutions, yours promotes fear-mongering. Your readers deserve better than that.
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Compliance with ICFA Code of Ethics
Is Mandatory for Members
Adherence to the ICFA Code of Ethics has been a condition of membership in the Association for decades, both for new members and for maintaining existing membership in good standing. The Ethics and Inquiry Committee, composed of past presidents of the ICFA, reviews any complaints involving member conduct. In addition, the ICFA bylaws provide for due process in the investigation of any complaint lodged against a member. In 1999, the Board of Directors approved the strengthening of the Code of Ethics to address new issues that have developed in recent years.
ICFA CODE OF ETHICS
We, the members of the International Cemetery and Funeral Association, are ever mindful of the need for sensitivity when serving individuals during their time of grieving. We are aware of the professional nature of service we render to our community. Therefore, we pledge:
- To acknowledge that ours is a business of remembrance and memorialization. Our primary mission is to help families maintain and enhance memories of their loved ones.
- To serve with compassion, fairness, and honesty, being ever mindful of our customers' emotional state and the sensitive nature of our service.
- To respectfully accommodate all races, creeds, and ethnic customs, within our ability to do so.
- To provide consumers with useful and accurate price information.
- To provide our customers with plain language contracts that explain our mutual rights and obligations; to clearly describe in our contracts the services, merchandise, and interment spaces purchased.
- To ensure that our customers have a full understanding of the pricing, terms and conditions affecting the services, merchandise, and interment spaces purchased from us.
- To reserve adequate funds from the preneed sale of services, merchandise, and interment spaces to assure performance or delivery at the time of need. Preneed contracts should clearly disclose the nature of the transaction and should contain a written explanation of how the customer's rights will be protected, which should include whether the prices are guaranteed, the disposition of any excess prepaid funds, and what happens if the selected merchandise or interment spaces are not available at the time of need and substitution is necessary.
- To clearly disclose in our preneed contracts whether the opening and closing/ entombment fee has been paid in advance and whether an outer burial container will be required at the time of need.
- Not to mischaracterize the preneed purchase of services, merchandise, and interment spaces as a form of financial investment whereby the purchaser will realize a monetary profit.
- Not to state or imply that an offer referred to in an advertisement, sales promotion, or presentation is connected with a government agency or other organization when that is not the case.
- Not to misuse the term "free" in advertisements, sales promotions, or presentations. If an allowance is offered, it will be bona fide and the comparative prices for non-qualifying persons will be disclosed. Any such allowance or discount shall not be made by adjusting upward the prices of other items offered in connection with the purchase.
- To use due diligence in the hiring process and in training of all staff prior to their serving the public to ensure that all information they provide is accurate, reliable and complete.
- To promptly investigate any allegations of misconduct involving our staff or agents or complaints involving our facilities, and to take appropriate action.
- To support and assist the Association in its investigation of complaints lodged against any member involving a violation of this Code, including the prompt discipline of any member found guilty of such violation. Additionally, any member found in violation of this Code may be reported to state and federal authorities for possible prosecution under applicable laws.
- To properly maintain our cemetery grounds in acknowledgment of our mission as guardians of a nation's heritage.
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Click here to see Fall/Winter 2001 edition.
Click here to see Spring 2001 edition
Click here to see Fall 2000 edition
Click here to see August 1999 edition
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