Understanding the laws and regulations of any industry is important to both workers and customers. This can be difficult in the funeral industry as federal laws and regulations are constantly changing. Another factor that complicates understanding the laws and regulations in the funeral industry is the fact that each state has its own set that may differ or even contradict federal ones. On top of that, funeral homes, crematoriums, and cemeteries all have their own regulations in addition to state and federal laws. This can seem overwhelming when considering all of the different factors at play, but it does not need to be if people can understand the very basics of the funeral industry. This understanding benefits both workers in the industry, and those using its services. A few important laws and regulations most heavily affect the interactions of those within the funeral industry and will be discussed in more detail below.
The Funeral Rule
The Funeral Rule was introduced and is enforced by the Federal Trade Commission (FTC). The Funeral Rule outlines customers rights and protects them from being taken advantage of while planning a funeral either for themselves or a loved one. The rules outlined in the Funeral Rule must be followed by funeral home, but cemeteries do not have to abide by the same rules. The specific rights outlined by the Funeral Rule are as follows:
- The customer only has to buy only the funeral arrangements they want. Many funeral homes offer a package deal, but the customer does not have to buy everything in that packet deal if they do not want to.
- The customer can get price information over the phone. However, the funeral home does not legally have to list price information online, but it is a good practice to do so.
- The customer can see a written casket price list before they see the actual caskets. Many funeral homes do not display the cheapest caskets, so customers can see what all pricing options are before going into the display room.
- The customer can see a written outer burial container price list. Some cemeteries require an outer burial container to prevent the grave from caving in. If this is the case, the funeral home must provide a price list before the customer views the container options.
- The customer can receive a written statement after they decide what they want, before they pay. This statement should show exactly what the customer is purchasing and the costs of each individual thing that they are purchasing.
- The customer can get an explanation in the form of a written statement that explains any crematorium or cemetery rules. This addresses any legal requirements if a customer is required to purchase something.
- The customer can use an alternative container for cremation instead of a casket. Funeral homes must tell customers what containers are offered for cremation. Some customers may choose a lower cost casket for cremation, if they choose one at all. Cremation does not require a container.
- The customer can provide the funeral home with an urn or casket they buy elsewhere. The customer does not have to pay an extra fee for using an urn or casket purchased elsewhere, and the funeral home cannot require the customer to be present when it is delivered. The funeral home also cannot refuse an urn or casket that is purchased somewhere other than that home.
- Funeral arrangements can be made without embalming. Some states require embalming or refrigeration if the body is not buried within a specific amount of time after death, but if the burial does not require further preservation, the customer can refuse it. As the state laws do differ, it is wise to check the specific state’s laws regarding this topic.
Other Rights
There are other rights of customers not covered in the Funeral Rule that both customers and those working in the industry should understand. These rights pertain to interactions with both funeral homes and cemeteries and are listed below:
- Funeral Planning—The customer has the right to appoint an agent to carry out their wishes if they do not think that their next-of-kin will do so. The customer also has the right to not use a funeral home altogether if they choose to plan the funeral themselves or with a religious group.
- Cremation—The family can scatter the ashes on private or public property, as long as they are discreet. The family can also scatter ashes at sea if they are 3 miles outland. Cremated remains can be shipped through the US Postal Service, but they must be kept in a secure inner container within the shipping container.
- Burial—Cemeteries do not have to follow the Funeral Rule, so customers should check with the cemeteries before the burial to understand any additional fees. Cemeteries also have their own rules and regulations regarding headstones and grave markers, and should be checked with before purchasing any. While most states do allow for home burial, families should check with their city zoning restrictions before considering this option.
The many different laws and regulations regarding the funeral industry can be quite confusing at times, however, it is important to understand these as someone who is working in the funeral industry or someone who is planning a funeral. Understanding rights as a customer could save money and hassle, while understandings the customer’s right as a worker in the industry could help the worker create a reliable and reputable business. While the laws and regulations outlined above are not all of the laws someone may encounter when planning a funeral, they are helpful to understand and cover the general basics in funeral planning.
Blog Resources
http://boards.bsd.dli.mt.gov/fnr
http://www.nfda.org/advocacy/current-legislative-regulatory-issues
https://www.consumer.ftc.gov/articles/0300-ftc-funeral-rule
https://en.m.wikipedia.org/wiki/Funeral
https://www.bankrate.com/finance/jobs-careers/things-funeral-directors-dont-want-you-to-know.aspx