Funerals are deeply personal, but they are also regulated by a range of laws to protect consumers, ensure transparency, and maintain public health. In the U.S., funeral services are regulated by both federal and state authorities. The Federal Trade Commission (FTC) enforces basic consumer protections, while individual states regulate the licensing and operation of funeral homes, crematories, and related services. This guide breaks down funeral regulations by state, highlighting the relevant state agencies responsible for overseeing these services.
National-Level Oversight
Federal Trade Commission (FTC) and the Funeral Rule
The Federal Trade Commission’s Funeral Rule provides essential protections for consumers by ensuring transparency and preventing unfair practices in the funeral industry. The Funeral Rule requires funeral providers to:
- Offer an itemized price list.
- Inform consumers that embalming is not legally required in most cases.
- Provide consumers with the option to choose only the goods and services they want.
You can learn more about the FTC Funeral Rule here.
Occupational Safety and Health Administration (OSHA)
OSHA establishes safety standards for handling remains, particularly for those involved in embalming, cremation, and body preparation. These regulations help protect workers and maintain public health standards.
State-Level Regulation
While the FTC offers nationwide protection, the day-to-day regulation of funeral services is handled by individual states. State funeral boards or health departments often oversee licensing, consumer complaints, and standards for funeral homes, crematories, and cemeteries.
State-by-State Breakdown of Funeral Regulations
The table below provides a comprehensive look at the primary regulatory bodies in each state, including links to relevant websites for further details.
State | Regulatory Body | Licensing Agency | Link to Regulator |
---|---|---|---|
Alabama | Alabama Board of Funeral Service | Alabama Board of Funeral Service | Alabama Board |
Alaska | Alaska Department of Commerce, Community, and Economic Development | Division of Corporations, Business, and Professional Licensing | Alaska Licensing |
Arizona | Arizona State Board of Funeral Directors and Embalmers | Arizona Board of Funeral Directors and Embalmers | Arizona Board |
Arkansas | Arkansas State Board of Embalmers and Funeral Directors | Arkansas Department of Health | Arkansas Board |
California | California Cemetery and Funeral Bureau | California Department of Consumer Affairs | California Bureau |
Colorado | Colorado Office of Funeral Home and Crematory Registration | Colorado Department of Regulatory Agencies | Colorado DORA |
Connecticut | Connecticut Department of Public Health | Connecticut State Department of Public Health | CT DPH |
Delaware | Delaware Board of Funeral Services | Division of Professional Regulation | Delaware Board |
Florida | Florida Department of Financial Services | Division of Funeral, Cemetery, and Consumer Services | Florida DFS |
Georgia | Georgia Board of Funeral Service | Georgia Secretary of State | Georgia Board |
Hawaii | Hawaii Department of Commerce and Consumer Affairs | Hawaii Department of Health | Hawaii DCCA |
Idaho | Idaho State Board of Morticians | Idaho Division of Occupational and Professional Licenses | Idaho Board |
Illinois | Illinois Department of Financial and Professional Regulation | Division of Funeral Directors and Embalmers | Illinois DFPR |
Indiana | Indiana Professional Licensing Agency | State Board of Funeral and Cemetery Service | Indiana Board |
Iowa | Iowa Department of Public Health | Bureau of Professional Licensure | Iowa DPH |
Kansas | Kansas State Board of Mortuary Arts | Kansas State Board of Mortuary Arts | Kansas Board |
Kentucky | Kentucky Board of Embalmers and Funeral Directors | Kentucky Board of Embalmers and Funeral Directors | Kentucky Board |
Louisiana | Louisiana State Board of Embalmers and Funeral Directors | Louisiana Department of Health | Louisiana Board |
Maine | Maine Board of Funeral Service | Maine Department of Professional and Financial Regulation | Maine Board |
Maryland | Maryland Board of Morticians and Funeral Directors | Maryland Department of Health | Maryland Board |
Massachusetts | Massachusetts Board of Registration in Embalming and Funeral Directing | Division of Professional Licensure | Massachusetts Board |
Michigan | Michigan Board of Mortuary Science | Michigan Department of Licensing and Regulatory Affairs (LARA) | Michigan LARA |
Minnesota | Minnesota Department of Health | Minnesota Department of Health | Minnesota DPH |
Mississippi | Mississippi State Board of Funeral Service | Mississippi Department of Health | Mississippi Board |
Missouri | Missouri Board of Embalmers and Funeral Directors | Missouri Division of Professional Registration | Missouri Board |
Montana | Montana Board of Funeral Service | Montana Department of Labor and Industry | Montana Board |
Nebraska | Nebraska Board of Funeral Directors and Embalmers | Nebraska Department of Health and Human Services | Nebraska DHHS |
Nevada | Nevada State Funeral Board | Nevada Funeral and Cemetery Services Board | Nevada Board |
New Hampshire | New Hampshire Board of Funeral Directors and Embalmers | New Hampshire Office of Professional Licensure and Certification | NH Board |
New Jersey | New Jersey Board of Mortuary Science | New Jersey Division of Consumer Affairs | New Jersey Board |
New Mexico | New Mexico Board of Funeral Services | New Mexico Regulation and Licensing Department | New Mexico Board |
New York | New York Department of Health | New York Bureau of Funeral Directing | NY DOH |
North Carolina | North Carolina Board of Funeral Service | North Carolina Department of Insurance | NC Board |
North Dakota | North Dakota State Board of Funeral Service | North Dakota Department of Health | North Dakota Board |
Ohio | Ohio Board of Embalmers and Funeral Directors | Ohio Department of Commerce | Ohio Board |
Oklahoma | Oklahoma Funeral Board | Oklahoma State Department of Health | Oklahoma Board |
Oregon | Oregon Mortuary and Cemetery Board | Oregon Department of Consumer and Business Services | Oregon Board |
Pennsylvania | Pennsylvania State Board of Funeral Directors | Pennsylvania Department of State | PA Board |
Rhode Island | Rhode Island Board of Funeral Directors and Embalmers | Rhode Island Department of Health | Rhode Island DOH |
South Carolina | South Carolina Board of Funeral Service | South Carolina Department of Labor, Licensing and Regulation | SC Board |
South Dakota | South Dakota Board of Funeral Service | South Dakota Department of Health | South Dakota Board |
Tennessee | Tennessee Board of Funeral Directors and Embalmers | Tennessee Department of Commerce and Insurance | [ |
Tennessee Board](https://www.tn.gov/commerce/regboards/funeral.html) |
| Texas | Texas Funeral Service Commission | Texas Department of Licensing and Regulation | Texas Commission |
| Utah | Utah Division of Occupational and Professional Licensing | Utah Department of Commerce | Utah DOPL |
| Vermont | Vermont Board of Funeral Service | Vermont Secretary of State | Vermont Board |
| Virginia | Virginia Board of Funeral Directors and Embalmers | Virginia Department of Health Professions | Virginia Board |
| Washington | Washington State Department of Licensing | Washington State Department of Licensing | Washington DOL |
| West Virginia | West Virginia Board of Funeral Service Examiners | West Virginia Department of Health and Human Resources | West Virginia Board |
| Wisconsin | Wisconsin Funeral Directors Examining Board | Wisconsin Department of Safety and Professional Services | Wisconsin Board |
| Wyoming | Wyoming Board of Embalming | Wyoming Department of Health | Wyoming Board |
Trends in State Regulations
Cremation and Aquamation
Cremation has become a popular choice in many states, but each state has its own rules regarding cremation practices. Some, like New York, require explicit authorizations, while others allow more flexibility. Meanwhile, aquamation (alkaline hydrolysis) is gaining legal acceptance but is only permitted in a handful of states, including California, Maine, and Minnesota. See more here.
Green Burials
As environmental awareness grows, several states, like California and Washington, have begun facilitating green burials, which emphasize minimal environmental impact. These states allow biodegradable materials and prohibit embalming fluids, making the process more eco-friendly.
How Consumers Can Navigate Funeral Regulations
Know Your Rights
Funeral regulations vary by state, and it’s important to understand the laws where you live. Consumers should always ask for an itemized price list and understand that embalming is not always required.
File Complaints
If you believe your rights have been violated, or a funeral home is not complying with the law, you can file a complaint with your state’s funeral board or the Federal Trade Commission.