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The Bureau examines candidates for licensure to practice funeral directing, inspects funeral establishments and investigates complaints about providers. To learn more, visit the Bureau’s website.
Legal Requirements
In order to operate as a funeral director or embalmer, you must be licensed. The license requirements are:
A funeral director must have an associate degree from a mortuary science program accredited by the Bureau or pass the Bureau exam. An embalmer must have graduated from a mortuary science program accredited in this state by the American Board of Funeral Service Education or have passed the national embalming examination of the American Board of Embalmers.
You must offer consumers a General Price List. This can be in the form of a printed or electronic copy and it must be physically available for consumer inspection. You cannot tell them that the GPL is available or merely show it to them in a binder or booklet.
Some funeral providers have agreements with groups, such as a religious organization or burial societies, to arrange a particular type of funeral at a special price for members. Even if you have such an agreement, the Rule requires that you still comply with the disclosure and pricing requirements.
Licensing
In the United States, funeral homes must be licensed to operate. The licensing process usually includes passing a state exam, taking classes at a mortuary school and serving an internship.
NFDA members can get everything from legal forms and free legal consultation to studies, reports and model laws. Getting this kind of information is consistently rated among the most valued benefits of membership.
The Bureau regulates more than 1800 funeral firms; 4000 practitioners; 90 registered residents (individuals in training); and 400 funeral directing students. Its statutory authority includes the formulation of necessary rules and regulations; examinations of consumers/provider complaints related to the practice of funeral directing; and inspections and registration of funeral firms, as well as the licensing, investigation, and prosecution of practitioners.
The Bureau also licenses funeral establishments; funeral directors and embalmers; intern funeral directors; cemetery brokers/branch offices and salespersons; crematory managers, and hydrolysis facilities. In addition, the Bureau investigates consumer complaints against 13 different licensure categories encompassing approximately 13,500 licensees in California.
Regulation
The Federal Trade Commission’s Funeral Rule requires that funeral homes give consumers accurate, itemized price information and various other disclosures. Some states have their own regulations that provide the same or greater protection than the FTC rule. If your state has its own requirement, you must comply with it.
You must provide a General Price List (GPL) to anyone who requests it, whether the person wants to make arrangements now or in the future, and regardless of whether they intend to purchase your goods or services. You also must give the GPL to people who visit your funeral home to inspect the premises.
The GPL must include a basic services fee for your funeral director and staff. You can also charge a non-declinable fee for overhead. You must disclose this fee on your Statement of Funeral Goods and Services Selected. You can offer packages, but you must describe the items and their prices individually on your Statement.
Consumer Protection
Every funeral home that sells both merchandise and services must comply with the Federal Trade Commission’s Funeral Rule. This includes not only funeral directors and firms, but also mortuary science students and apprentices; embalmers; and cemetery brokers, salespersons and managers.
The Rule requires you to give consumers a general price list for all your merchandise and services when they make arrangements with you, either in person or over the telephone. You must also disclose on the list whether you have a casket-only policy or allow you to handle caskets bought elsewhere, and tell consumers that state and local laws may require purchase of certain items.
You must disclose any other charges you may have on cash advance items such as a charge to file the death certificate or get it medically certified. You must not misrepresent any goods or services, and you cannot make representations that a good or service will delay the natural decomposition of human remains for a long period or an indefinite amount of time.