Funeral Regulations in North America

State by State and Province by Province

The simplicity and caring of the Muslim rituals and the focus on a natural return to the earth have universal appeal. But due to the law of the land some rituals are compromised, due to the strong lobby of the Funeral Industries the cost to bury the dead has risen tremendously. Also due to the limited knowledge of the natural law, certain type of deaths are dealt differently when preparing the body to be buried.

In Communicable Disease Report Review of U.K. vol.5 April 28, 1995 it is mentioned that during a plague when dead bodies were buried in a mass grave without any casket, the nature took care of decomposition. Those who were laid to rest in the casket, germs were detected later on.

The Islamic Centers in your town may be fully aware of the State or Provincial laws that will make the burial process easy. Yet when certain Islamic rituals are compromised the best method to change the policy is to present the case to the Funeral Services Regulatory Board and work with them. Insha'Allah one day very soon the Muslim Community will be able to bury their loved one's exactly by the method taught to us by the Noble Messenger (upon him be peace).

In this section we have used information from "Caring for the Dead" by Lisa Carlson published by Upper Access Inc, Hinesburg Vt. 05461 800-310-8320 / 800-765-0107

ALSO IN EVERY STATES THERE ARE NONPROFIT FUNERAL CONSUMER INFORMATION SOCIETIES-YOU MAY CALL FUNERAL AND MEMORIAL SOCIETIES OF AMERICA (FAMSA) OFFICE 800-765-0107 OR CHECK THE INTERNET www.funerals.org/famsa

Very Important: Person who choose to handle death privately must take great care to follow all state and local regulations. The requirements are not complex but failure to meet them can lead to unpleasant situations and create a climate in which professionals become less willing to work with families.

Death Certificate: Great care must be taken in completing the death certificate. Whiteout or other corrections are not usually permitted. If an error is made, you may have to start over again with a new certificate. A death certificate signed by a doctor stating the cause of death must be filed-usually in the county or district where death occurs, or where a body is found, or where a body is removed from a public conveyance or vehicle.

Fetal Deaths and Miscarriages: A special death certificate, or fetal death report, is required in all but two states for fetal deaths. Eleven states seem to require registration of all fetal deaths. In a majority of states, a fetal death must be registered if it occurs after 20 weeks of pregnancy. In Hawaii, the requirement goes into effect after 24 weeks.

Dealing with a Coroner/ Medical Examiner's Office-Autopsy: Autopsies are generally required when cause of death is violent, unexpected, uncertain, or "unusual," including suicide. Death from a contagious disease may also necessitate involvement with a coroner or local health officer.
Generally, the funeral director a family has chosen picks up an autopsied body from the coroner's office. Nevertheless, in several states, the state is obligated to cover all costs of returning a body to a family if asked to do so.

Home death, Home Visitation: Many persons are able to die at home in familiar surroundings, near familiar faces. In some states, an "expected" death can be certified by an attending nurse. A home death can allow the family additional time to obtain permits and make necessary arrangements. Turning off the heat in a room or turning on an air-conditioner can make it reasonable to contain a body without further action for 24 to 72 hours or more depending on the weather. People often ask, " Doesn't the body smell?" No, not usually for the first two or three days, but each situation must be considered individually quite apart from the weather and ambient temperature.

Nursing Home Death: When death is anticipated in nursing home, it will be important to work out your plans with the nursing home staff ahead of time. If the deceased has had only a semi-private room, for example, the nursing home may have no other location to hold the body while paperwork and other errands are done. Staff members are accustomed to calling a funeral director, regardless of the hour, and expect the removal within a very short time. Out of consideration for other residents, it may not be feasible for the nursing home personnel to allow a long delay while permits, a container, and vehicle are obtained.

Hospital Death: Some hospitals may be reluctant to release a body directly to a family without the use of funeral director. If the death involved is an " expected" death, advising the hospital staff of your intentions ahead of time may be helpful. If personnel are confused or misinformed about their obligations. A telephone call from your lawyer may be in order.
It is important for families to recognize the legitimate needs of hospitals. Some hospitals may have no storage facilities for the dead bodies while permits are obtained and may insist on calling a funeral director for immediate removal after death if there is to be any significant delay.

Embalming: No state requires routine embalming of all bodies. Special circumstances-such as an extended time death and disposition- may make it necessary under state law. Interstate transportation by a common carrier may also necessitate embalming, although most airlines will waive that requirement if there are religious objections. Refrigeration or dry ice can take the place of embalming in many instances. In some states, embalming may be required by law if the person has died of a communicable disease, although this is a seriously flawed requirement.
Moving A Body: Never move a body without a permit (or medical permission) ! Always call ahead before moving a body even if you have a permit. By calling first to make arrangements at the destination, you will be expected and prepared.

Out-of-state Disposition: All states honor the properly acquired permits of other states when a body is to be moved from one state to another. There may be local regulations with regard to disposition, however. Check by telephone before setting out for the destination.

Burial: In some states, when burial will be outside the county or town where death occurred, you will need an additional permit to inter (whether on private land or a cemetery) from local registrar in that area. The statutes and regulations of some states include depth requirements for burial; these are listed below in state-by-state information. Standard practice in many states places the top of the coffin at least three feet below the natural surface of the earth. A burial location should be 150 feet or more from a water supply and outside the easement for any utility or power lines.

Alaska

No Alaska statute requires the use of a funeral director for body disposition. Indeed, AS 08.42.021© states that unlicensed persons may be granted a permit to dispose the dead if no embalming is required.

Death Certificate: The family doctor or local medical examiner will supply and sign the death certificate within 24 hours.
Transporting and Disposition Permit: The local registrar will issue a burial-transit permit.
Burial : Check with the county or town registrar for local zoning laws regarding home burial.
Other Requirements: When the body will not reach its destination within 24 hours after death embalming is required.

Alaska has no state funeral board. The Dept. of Commerce and Economic Development, Division of Occupational Licensing issues the license to a funeral director.

Arizona

Persons in Arizona may care for their own dead. The legal authority to do so is found in:

Title 36-831-A: The duty of burying the body of a dead person devolves in the following order:
1: If the dead person was married, upon the surviving spouse…..[ goes on to other next-of-kin ]
There are no other statutes that require you to use a funeral director.

Death Certificate: The family doctor or a local medical examiner will supply and sign the death certificate within 72 hours, stating the cause of death.
Transporting and Disposition Permit: The local registrar will issue a burial-transit permit. If the death occurred after usual business hours, a funeral director may be asked to supply the permit. The death certificate must be obtained first.
Burial: Local zoning law regarding home burial: Title 36-333 reads, “ Any person who inters dead human remains in a burial ground where there is no person in charge shall endorse, sign and file the permit and write across the face of the permit the words ‘ No person in charge'.
Other Requirements: If disposition does not occur within 24 hours, the body must be embalmed or refrigerated.

The Arizona State Board of Funeral Directors and Embalmers has seven members. Three are consumer representatives. Cemeteries are supposed to be regulated by the Real Estate Commission.
Nonprofit Funeral Consumers Information Societies: In Phoenix the # is 602-929-9659, in Tucson the # is 602-721-0230 and Prescott the # 520-778-3000.

Arkansas

Person in Arkansas may care for their own dead. Wording for such is found in the following statute:
Title 20-18-601(b): The funeral director or person acting as such who first assumes custody of the dead body shall file the death certificate.

However, Rule 11 promulgated by the Board of Embalmers and Funeral Directors states:

Every funeral conducted within the State of Arkansas must be under the personal supervision and direction and in charge of A funeral Director who holds a valid license from this board.

Death Certificate: The family doctor, a local medical examiner or coroner will sign the death certificate within 24 hours, stating the cause of death.
Transporting and Disposition Permit: A body may be moved with the consent of a physician, medical examiner or county coroner. A burial-transit permit, obtained from the local registrar, is required when a body is transported into or out of state. No burial-transit permit is required for burial within the state.
Burial: Family graveyards are exempt from taxation and must be registered with the county clerk.
Other Requirements: When disposition has not occurred within 24 hours, the body must be embalmed or refrigerated.

The Arkansas State Board of Embalmers and Funeral Directors has seven members. There are two consumer representatives, including one senior citizen.
Nonprofit Funeral Consumer Information Societies: In Fayetteville the # is 501-443-1404.

California

Person in California may care for their own dead. The legal authority to do so is in the California statutes, chapter 3, section 7100-1003

The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, vest in ….(a) the surviving spouse, (b) the surviving adult child or adult children the decedent, (c) the surviving parent or parents of the decedent, (d) the person or persons respectively in the next degree of kindred…

There are no other statutes that require you to use a funeral director.

Death Certificate: The family doctor will sign the death certificate within 15 hours, stating the cause of death. A coroner will supply a death certificate within three days.
Transporting and Disposition Permit: Upon presentation of a death certificate, the local registrar in the county health department will issue the permit for disposition. This must specify the destination.
Burial: Burial must be in established cemetery. Local municipalities are given jurisdiction over cemetery matters, and it will be up to local officials to okay home burial in rural areas.
Other Requirements: California has no other requirements controlling the time schedule for the disposition of unembalmed bodies.

The Consumers Affairs Division of the Attorney General's Office handles funeral and cemetery issues.

Nonprofit Funeral Consumer Information Societies: Call 800-765-0107 of FAMSA or go to internet directory- www.funerals.org/famsa for complete listing. The number in LA is 626-683-3545, in San Diego is 619-293-0926

Colorado

Persons in Colorado may care for their own dead. The legal authority to do so is found in:
Title 25-2-110 (3) The funeral director or person acting as such who first assumes custody of a dead body or dead fetus shall be responsible for the filing of death certificate.

Title 12-54-119 [ re statutes regulating the funeral profession ] (2) This part shall not apply to, nor in any way interfere with, any custom or rite of any religious sect in the burial of its dead, and the members and the followers of such religious sect may continue to care for, prepare, and bury the body of deceased members….

Death Certificate: The family doctor or a local medical examiner will supply and sign the death certificate within 48 hours, stating the cause of death.
Transporting and Disposition Permit: The county registrar or coroner will issue a disposition permit.
Burial: Check with the county registrar for local zoning laws regarding home burial.
Other Requirements: If disposition does not occur within 24 hours, the body must be embalmed or refrigerated. A body to be transported by common carrier must be prepared by a mortuary science practitioner.

The Funeral Board for the State of Colorado no longer exists. Therefore, anyone may make funeral arrangements in Colorado provided the death certificate is in order.

Nonprofit Funeral Consumers Information Societies: In Denver the number is 303-759-2800

Connecticut

Title 45a-318 Custody of remains of deceased persons, (a) The custody and control of the remains of deceased shall belong to the surviving spouse. If the surviving spouse had abandoned, and at the time of death was living apart from, the deceased, or if there is no spouse surviving, then such custody and control shall belong to the next of kin, unless the decedent, in a duly acknowledged writing, designated another person to have custody and control of his remains.

Title 7-62 b Death Certificates. (b) The licensed funeral director in charge of the deceased person shall complete the death certificate.

Title 7-64. Disposal of bodies. The body of each person who dies in this state shall be buried, removed within a reasonable time after death. The person to whom the custody and control of the remains of any deceased person are granted by law shall see that the certificate of death required by law has been completed and filed…..

Title 7-69. Removal of a body from one town to another….No person except a licensed embalmer or funeral director licensed by the Connecticut board of examiners of embalmers shall remove the body of a deceased person from one town to another…

Death Certificate: The death certificate must be signed by a doctor within 24 hours and filed, prior to disposition, in the town where death occurred.
Transporting and Disposition Permit: The local registrar will issue a burial permit or a removal permit-to a funeral director only-when disposition is planned outside the town or state.
Burial: A burial permit must be obtained from the registrar of the town in which burial will occur.

The Department of Public Health and Addiction Services is the agency that is given responsibility to license and inspect funeral homes.

Nonprofit Funeral Consumers Information Societies: The # in Bridgewater, CT is 860-350-4921

Delaware

Religious groups and residents in Delaware who might wish to care for their dead may be faced with growing difficulty if they are not vigilant

Title 16 3123 Registration of Deaths….(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistic…(b) The funeral director who assumes custody of the dead body shall file certificate of death.

Death Certificate: The family doctor or medical examiner will supply and sign the death certificate within 72 hours, stating the cause of death.
Transporting and Disposition Permit: A body may be moved with medical permission. Copy three of the death certificate must be retained as a burial –transit permit.
Burial: Home burial is permissible outside town limits in Kent and Sussex counties. Check with the local registrar or health officer.
Other Requirements: Body disposition must be accomplished within five days. If disposition does not occur within 24 hours, the body must be embalmed or refrigerated.

The Delaware Board of Funeral Services has seven members, three of whom are public members, not connected with funeral services. “ Such public members shall be accessible to complaints, inquiries and comments from general public.”

Nonprofit Funeral Consumers Information Societies: The # in Bethesda, Maryland is 800-564-0017 and it serves Delaware

District of Columbia

Persons in DC may care for their own dead. The legal authority to do so is found in:

Title 6-211: The funeral director or person acting as such who first takes custody of the dead body shall file a certificate of death.

There are no other statutes that might require you to use a funeral director when no embalming is desired.

Death Certificate: The family doctor or a local medical examiner will supply and sign the death certificate within 48 hours stating the cause of death.
Transporting and Disposition Permit: A body may be moved with the consent of physician or medical examiner certifying death. The next-of-kin must authorize final disposition.
Burial: Because of the metropolitan nature of the District of Columbia, home burial generally is not feasible. When cemetery burial is arranged, the family member acting as the funeral director must sign the authorization for disposition and file it with the mayor by the end of the month.
Other Requirements: Disposition of a body must occur within one week.

The District of Columbia Funeral Board has five members. Three are funeral directors, one is the director of Department of Human Services, and one is a consumer representative.

Nonprofit Funeral Consumer Information Societies: The # in DC is 202-234-7777

Florida

New statutes :FS 382.006 Burial-transit permit-(1) The funeral director who first assumes custody of a dead body must obtain a burial-transit permit…. The application for burial-transit permit must be signed by the funeral director and include the funeral director's license drive.
Chapter 382.002(7) “ Funeral Director” means a licensed funeral director disposer licensed pursuant to Chapter 470 or other person who first assumes custody of or effects the final disposition of a dead body .

Therefore, next-to-kin and designated death care agent claiming custody of the body may care for their own dead in Florida.

Death Certificate: The attending physician or district medical examiner will sign the death certificate within 72 hours after presentation.
Transporting and Disposition Permit: The local registrar in the county health department will issue the burial-transit permit after you file the death certificate.
Burial: Check with the county zoning commission regarding home burial. Cemeteries of less than five acres do not need to be registered with the state Board of Funeral and Cemetery Services.
Other Requirements: Refrigeration or embalming is required after 24 hours.

The Board of Funeral Directors and Embalmers is under the Department of Business and Professional Regulation.

Nonprofit Funeral Consumer Information Societies: The # in Orlando is 407-677-5009, in Tallahassee is 850-224-2082 ,in Palm Beach is 561-659-4881

Georgia

Persons in Georgia may care for their own dead. The legal authority to do so is found in:

Title 31-10-15 (b) The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death…..

There are no other statutes that might require you to use a funeral director

Death Certificate: The family doctor or local medical examiner will supply and sign the death certificate within 48 hours, stating the cause of death.
Transporting and Disposition Permit: After receiving the death certificate, the local registrar will issue a final disposition permit. No burial-transit permit is required by statute for in-state burial, although a local ordinance may require one.
Burial: Check with the county or town registrar for local zoning laws regarding home burial.

The Georgia Board of Funeral Service has seven members-six funeral directors and embalmers and one consumer representative. Cemeteries are regulated by the Secretary of State.

Nonprofit Funeral Consumer Information Societies: The number in Atlanta is 800-840-4339 and in Macon is 912-477-1691

Hawaii

Persons in Hawaii may care for their own dead. The legal authority to do so is found in:

Chapter 338-1 “ Person in charge of disposition of the body” means any person who…..disposes thereof.
Chapter 338-9 (a) The person in charge of disposition of the body shall file with the department of health in Honolulu or with the local agent…a certificate of death.

There are no other statutes which might require you to use a funeral director

Death Certificate: The family doctor or a medical examiner will supply and sign the death certificate within 24 hours, stating the cause of death.
Transporting and Disposition Permit: A burial-transit permit must be obtained within 72 hours of death from the local registrar prior to the final disposition of the body.
Burial: Check with local registrar for zoning laws regarding home burial. Burial must be on land approved as cemetery by the county council.
Other Requirements: A body shall be embalmed or buried within 30 hours after death or release by medical examiner or placed in a refrigerated storage in a state-approved hospital.

Bodies dead from the following diseases may not be embalmed: plague, Asiatic cholera, small pox, epidemic typhus fever, yellow fever, or louse-borne relapsing fever. This is the only U.S. state that has recognized the potential hazard from embalming.

There is no Hawaii State Funeral Board. Cemeteries are regulated by the Department of Health.

Nonprofit Funeral Consumer Information Societies: The # in Honolulu is 808-946-6822

Idaho

Persons and religious groups in Idaho may care for their own dead. The legal authority to do so is found in :

Title 39-260: (re death registration )….the person in charge of interment or of removal of the body from the district shall be responsible for obtaining and filing the certificate.

Title 54-1104: Exemptions from provisions of act ( re licensing of morticians)… Any duly authorized representative of any religious or other association or organization honoring the dead who performs a funeral or other religious service…..

There are no other statutes that might require you to use a funeral director.
Death Certificate: The family doctor or local medical examiner will supply and sign the death certificate within 72 hours, stating the cause of death.
Transporting and Disposition Permit: It is necessary to have a physician's or coroner's authorization before removing a body from the state.
Burial: Home burial is permissible in Idaho. Check with the county or town clerk for local zoning.
Other Requirements: Embalming is no longer required. Bodies transported by commercial carrier must be embalmed.

Nonprofit Funeral Consumer Information Societies: The # in Boise is 208-426-0032

Illinois

Religious groups and families in Illinois may care for their own dead: The legal authority to do so is found in:

55 ILCS 5/3-3021. [Coroner] Public policy-Release of body to next of kin. As a guide to the interpretation and application of this Division it is declared that the public policy of the State of Illinois is as follows:
That as so as many be consistent with the performance of his duties under the Division of coroner shall release the body of the decedent to the decedent's next of kin, personal representative, friends, or to the person designated in writing by the decedent or to the funeral director selected by such persons, as the case may be , for burial, and none of the duties or powers of coroners enumerated in this Division shall be construed to interfere with the right of such persons to the custody and burial of the decedent upon completion of the coroner's investigation.
410 ILCS 535/21 (1). The funeral director or person acting as such who first assumes the custody shall make a written report to the registrar of the district in which death occurred.

Death Certificate: The attending physician, medical examiner, or coroner will supply and sign the death certificate within 24 hours, stating the cause of death.
Transporting and Disposition Permit: The local registrar will issue a permit for disposition once the death certificate has been filed.
Burial: Home burial may be permissible in Illinois and an additional permit may be required. Check with the county registrar for zoning laws and burial procedures.
Other Requirements: Illinois has no other requirements controlling the time schedule for the disposition of unembalmed bodies. When death occurs due to contagious or communicable disease, embalming is required. In death due to small pox, cholera, or plague, the local health officer must sign the “Permit for Disposition.”

The Illinois State Funeral Board has five members. There are no consumer representatives.

Nonprofit Funeral Consumer Information Societies: The address in Chicago:
Chicago Memorial Association P.O.Box 2923 Ill 60690

Indiana

Indiana laws do recognize the rights of families to control the disposition of a body, one statute stands out in conflict, inviting a court challenge. This one was surely passed to benefit the special interests of the mortuary industry and is buried in the Embalmers and Funeral Directors section of the code:

IC 25-15-8-25. A local health officer may issue a [ disposition ] permit under IC 16-37-3-10 only to a funeral director…….

Even under the funeral directors statutes a family's rights are acknowledged:

IC 25-15-9-18. The following persons, in the order of priority indicated, have the authority to designate the manner, type, and selection of the final disposition and interment of human remains:
(1) The decedent's surviving spouse.
(2) The decedent's surviving adult child or children. However if the children cannot agree on the manner of final disposition, the personal representative of the decedent's estate.
(3) The decedent's surviving parents.
(4) The personal representative of the decedent's estate

Death Certificate: The family doctor or a local health officer will sign the death certificate, stating the cause of death.
Transporting and Disposition Permit: The local health officer will issue the authorization for disposition upon the receipt of a properly executed death certificate.
Burial: Burial in Indiana must occur in an “ established cemetery .”
Other Requirements: Disposition must occur within a reasonable time after death.

There are eleven members on the Funeral and Cemetery Board-four funeral directors, four cemeterians, two consumers members, and one member from the public health department.

Nonprofit Funeral Consumer Information Societies: The # in Bloomington is 812-332-3695. In Indianapolis: Indianapolis Memorial Society 5805 E. 56th st. 46226 and in Valpariso is 219-464-3024

Iowa

Families and religious groups in Iowa may care for their own dead when no communicable disease is involved. The legal authority to do so is found in :

Title 144.27 ( re filing a death certificate )- When a person other than a funeral director assumes custody of a dead body, the person shall be responsible for carrying out the provisions of this section.

Death Certificate: The family doctor or a local medical examiner will supply and sign the death certificate within 24 hours stating the cause of death. The death certificate must be filed with the local registrar within three days and before final disposition.
Transporting and Disposition Permit: The local registrar, medical examiner, or a funeral director will issue the burial-transit permit. This authorization must be obtained before moving the body from the place of death.
Burial: Check with the county registrar for local zoning laws regarding home burial. When burial is arranged, the family member acting as the funeral director must sign the burial-transit permit and return within 10 days to the issuing registrar.
Other Requirements: Embalming is required if disposition will not occur within 48 hours. Embalming is required if death was from a communicable disease. Only a funeral director may handle such deaths.

The Iowa Board of Mortuary Science Examiners has seven members. Two are consumer representatives.

Nonprofit Funeral Consumer Information Societies: There is one nonprofit society in Iowa: Memorial Society Of Iowa River Valley 120 N. Dubuque St Iowa City, IA 52245 319-338-2637

Kansas

Persons in Kansas may care for their own dead. The legal authority to do so is found in:

Title 65-1713b. Every funeral service or interment, or part thereof, hereafter conducted in this state must be in the actual charge and under the supervision of a Kansas licensed funeral director or of the duly licensed assistant funeral director. Provided, however, that this shall not prevent a family from burying its own dead where death did not result from a contagious infectious or communicable disease, nor shall it prevent a religious group or sect whose religious beliefs require that burial of its own dead from conducting such services where death did not result from a contagious, infectious or communicable disease.

Death Certificate: The family doctor ( or a coroner ) will supply and sign the death certificate within 24 hours, stating the cause of death. The remaining information must be supplied, typewritten or in black ink. The death certificate must be filed with the state registrar within three days and before final disposition.
Transporting and Disposition Permit: A body may be moved with medical permission. If out-of-state disposition is planned, the state registrar will issue a transit permit.
Burial: Home burial is permissible in Kansas. Check with the county or town for local zoning laws regarding home burial.
Other Requirements: If disposition will not take place within 24 hours, embalming or refrigeration is required. A reasonable extension of this may be permitted if no health hazard or nuisance will result.

The Kansas State Board of Mortuary Arts has five members. Two are consumer representatives.

Nonprofit Funeral Consumer Information Societies: There are no memorial societies in Kansas, but the society in Kansas City, Missouri can be contacted.
Funeral and Memorial Society of Greater KC, 4500 Warnick Blvd., Kansas City, MO 64111