Ferguson v. Pennsylvania State Board Of Funeral Directors

The suspension of a funeral director's license and the fine assessed against an insurance agent were upheld because an agreement between the two for the sale of insurance to pay for pre-arranged funeral services and merchandise amounted to the insurance agent's engaging in the unlicensed practice of funeral directing.

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ARGUED: December 6, 2000

Andrew D. Ferguson, III (Ferguson) petitions for review from the April 6, 2000 order of the Pennsylvania State Board of Funeral Directors (Board) that suspended his funeral director’s license for a period of two years and levied a civil penalty against him in the amount of $4,000.00 for four violations of Section 11(a)(5) of the Funeral Director Law (Law). *fn1 ,*fn2 Section 11(a)(5) provides that the Board may suspend any licensee for “gross incompetency, negligence or misconduct in the carrying on of the profession.” 63 P.S. �479.11(a)(5). Ferguson’s suspension, the origin of which is that he aided and assisted insurance agents in the unlicensed practice of funeral directing, was dependent upon the Board’s decision that Faye Morey (Morey) violated the Law.*fn3

Morey petitions for review from the October 4, 2000 order of the Board that ordered her to cease and desist from all sales activity involving pre- arranged funeral merchandise and services and levied a civil penalty against her in the amount of $4,000.00 for four violations each of Sections 13(a) and 13(c) of the Law. Section 13(a) provides that “[n]o person shall practice as a funeral director as defined herein, . . . unless he holds a valid license to do so as provided in this act.” 63 P.S. �479.13(a). Section 13(c) provides, in pertinent part, that “no person other than a licensed funeral director shall, directly or indirectly, or through an agent, offer to or enter into a contract with a living person to render funeral services to such person when needed.” 63 P.S. �479.13(c). For the reasons that follow, we affirm both Board orders. *fn4

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