Funeral Directors Licensing Reform Amendment Act of 2025

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ligtlh—‘ChairmanPhilMendelson
A BILL.
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
ToamendtheDistrictofColumbiaFuneralServicesRegulatoryActof1984toprovide
definitionsofembalmingandembalmer;toamendtherequirementsforafuneral
director'slicense;tocreateanembalmer’slicense;toprescriberequirementsforafuneral
directingorembalminginternship;andtomakeconformingamendments.
BEITENACTEDBY THECOUNCILOFTHEDISTRICTOFCOLUMBIA,Thatthis
actmaybecitedasthe“FuneralDirectorsLicensingReformAmendmentActof2025”.
Sec.2.TheDistrictofColumbiaFuneralServicesRegulatoryActof1984,effective
May22,1984(D.C.Law5-84;D.C.OfficialCode§3-401efseq.),isamendedasfollows:
(a)Strikethesectiondesignation“§3-407.Termsandconditionsofapprenticeship.”and
insertthesectiondesignation“§3-407.Internships.”initsplace.
(b)StrikethesectiondesignationҤ3-414,Servicesrequiringdirectsupervisionby
funeraldirector.”andinsertthesectiondesignation“§3-414.Servicesrequiringdirect
supervisionbyembalmer.”initsplace.
(©)Strikethesectiondesignation“§3-421.Servicesrequiringimmediatesupervisionby
afuneraldirector.”andinsertthesectiondesignation“§3-421.Servicesrequiringimmediate
supervision.”initsplace.
(d)Section3 (D.C.OfficialCode § 3-402)isamended as follows:
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(1) Paragraph (2) is repealed. 35
(2) New paragraphs (7A) and (7B) are added to read as follows: 36
“(7A) “Embalmer” means any person engaged in the practice of embalming. 37
“(7B) “Embalming” means the process of chemically treating the dead human 38
body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to 39
reduce the presence and growth of microorganisms to temporarily retard organic 40
decomposition.”. 41
(3) A new paragraph (8A) is added to read as follows: 42
“(8A) “Funeral directing” means the for-profit profession of directing or 43
supervising funerals, preparing human dead for burial by means other than embalming, or 44
making arrangements for funeral services or the financing of funeral services.”. 45
(4) Paragraph (9) is amended to read as follows: 46
“(9) “Funeral director” means any person licensed by the District to perform the 47
practice of funeral directing.”. 48
(5) Paragraph (14) is amended to read as follows: 49
“(14) “License” means an authority from the District which entitles the holder to 50
practice in the District as a funeral director or an embalmer, or an authority from the District 51
which entitles the holder to own and operate a funeral services establishment.”. 52
(6) Paragraph (18) is amended to read as follows: 53
“(18) “Practice of funeral services” means engaging in the care and disposition of 54
the human dead, the preparation of the human dead for the funeral service, burial or cremation, 55
the making of arrangements for the funeral service or for the financing of the funeral service and 56
the selling or making of financial arrangements for the sale of funeral supplies to the public.”. 57
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(e) Section 6 (D.C. Official Code § 3-405) is amended as follows: 58
(1) Subsection (a) is amended to read as follows: 59
“(a) Funeral director’s license. — Except as provided in subsections (b) and (c) of this 60
section, an applicant for licensure as a funeral director shall furnish satisfactory proof to the 61
Mayor that he or she: 62
“(1) Is at least 18 years of age; 63
“(2) Has completed a funeral director internship; 64
“(3) Is a graduate of a school of mortuary science or funeral service accredited by 65
the American Board of Funeral Service Education, Incorporated or have completed an associate's 66
degree or its equivalent, which consists of at least 60 credit hours of coursework, of which at 67
least 30 hours shall be from a funeral directing program approved by the board; 68
“(4) Has passed the National Board Examination in Sciences or State Board 69
Examination in Sciences of the International Conference of Funeral Service Examining Boards; 70
“(5) Is fully acquainted with District and federal laws relating to the practice of 71
funeral directing, in a manner to be determined by the Mayor; 72
“(6) Has paid all required fees; and 73
“(7) Has met all additional requirements set by the Mayor. 74
(2) Subsection (d) is repealed. 75
(3) New subsection (d-1) and (d-2) is added to read as follows: 76
“(d-1) Embalmer’s license – An applicant for licensure as an embalmer must furnish 77
proof satisfactory to the Mayor that he or she: 78
“(1) Is at least 18 years of age; 79
“(2) Has completed an embalming internship; 80
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“(3) Is a graduate of a school of mortuary science or funeral service accredited by 81
the American Board of Funeral Service Education, Incorporated or have completed an 82
embalming program approved by the board; 83
“(4) Has passed the National Board Examination in Sciences or State Board 84
Examination in Sciences of the International Conference of Funeral Service Examining Boards; 85
“(5) Is fully acquainted with District and federal laws relating to the practice of 86
embalming. 87
“(6) Has paid all required fees; and 88
“(7) Has met all additional requirements set by the Mayor. 89
“(d-2) Persons licensed as funeral directors prior to the effective date of the Funeral 90
Directors Licensing Reform Amendment Act of 2023 shall automatically receive an embalmer’s 91
license.”. 92
(4) Subsection (e)(5) is amended to read as follows: 93
“(5) The Board shall provide the Office of the Chief Medical Examiner and all 94
facilities and agencies, as defined in § 44-501(c), with a list of all funeral services establishments 95
and a list of funeral directors, embalmers, certified interns and courtesy card holders authorized 96
to receive human remains for care or preparation in accordance with this chapter. The list shall: 97
“(A) Consist only of funeral services establishments licensed and 98
operating in the District of Columbia pursuant to this subsection; 99
“(B) Include the funeral services establishment license number; and 100
“(C) Be updated annually.”. 101
(5) Subsection (g) is amended as follows: 102
(A) Paragraph (2) is amended to read as follows: 103
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“(2) Each application for a funeral director’s, embalmer’s license, or certificate of 104
internship shall be accompanied by a recent photograph of the applicant’s face, measuring 105
approximately 1” x 11/2”.”. 106
(B) Paragraph (7) is amended to read as follows: 107
“(7) Procedures governing applications for a funeral director’s license, an 108
embalmer’s license, a certificate of internship, a surviving spouse license, and a license to 109
operate a funeral services establishment shall be prescribed in rules and regulations issued by the 110
Mayor pursuant to § 3-420.”. 111
(6) Subsection (i) is amended to read as follows: 112
“(i)(1) The Board may issue a license to: 113
“(A) Practice as a funeral director in the District to an applicant who is 114
licensed by another state by waiver of the examination and internship requirements of subsection 115
(a) of this section; or 116
“(B) Practice as an embalmer in the District to an applicant who is 117
licensed by another state by waiver of the examination and internship requirements of subsection 118
(d-1) of this section. 119
“(2) An applicant for a license to practice as a funeral director or embalmer in the 120
District shall furnish proof to the Board that he or she: 121
“(A) Is currently in good standing as a funeral director or embalmer in a 122
state or territory of the United States with requirements for licensure that are substantially similar 123
to those in effect in the District; 124
“(B) Has practiced continuously in the state or territory of licensure for at 125
least 5 years preceding his or her application; and 126
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“(C) Meets the following the requirements: 127
“(i) Is at least 18 years of age; 128
“(ii) Has paid all required fees; 129
“(iii) Is fully acquainted with District and federal laws relating to 130
the license sought.”. 131
(f) Section 7(a) (D.C. Official Code § 3–406(a)) is amended to read as follows: 132
“(a) A license to practice in the District as either a funeral director or embalmer, or to 133
operate a funeral services establishment shall be issued to each applicant who meets all of the 134
requirements for licensure.”. 135
(g) Section 8 (D.C. Official Code § 3–407) is amended to read as follows: 136
“§ 3–407. Internships. 137
“(a)(1) A person desiring to become a funeral director or embalmer shall serve as an 138
intern under the direct supervision of a funeral director or embalmer licensed in the District. 139
“(2) Notwithstanding paragraph (1) of this subsection, an intern who is required to 140
serve a 2-year minimum internship may serve up to 1 year of the internship outside of the 141
District, if the period of internship served outside of the District is served under the supervision 142
of an individual who has passed a national approved examination for the internship in question. 143
The Mayor shall issue rules and regulations to implement this subsection pursuant to § 3-420. 144
“(b) The applicant shall furnish proof that he or she is: 145
“(1) Is at least 18 years of age; 146
“(2) Holds a high school diploma or its equivalent, or higher. 147
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“(c) An internship for funeral directing or embalming shall consist of at least 2,000 hours 148
of training to be completed in no more than 2 years; provided, that an internship may be 149
extended, for good cause, to a total period of no more than 5 years. 150
“(d) A funeral directing intern shall receive training in all areas of funeral directing, 151
including assisting at least 25 funerals, 25 arrangement conferences, as well as visitations and 152
financing of funeral services. 153
“(e) An embalming intern shall receive training in all aspects of embalming practice, 154
including assisting in at least 25 embalmings, as well as treatment, restorative art, safety and 155
sanitation, and organ, tissue, or anatomical donation. 156
“(f)(1) The intern and the licensee supervising the intern shall submit a written report at 157
the end of every 1,000 hours of training that specifies the period of time in which the 1,000 hours 158
has been completed and verify that the intern has actually served in the required capacity during 159
the preceding period. The report shall be submitted no more than 30 days following the 160
completion of 1,000 hours. 161
“(2) An intern shall not receive credit for training hours on a new 1,000-hour 162
report until the previous 1,000-hour report has been approved. 163
“(g) Every intern employed pursuant to this section shall, within 5 days after terminating 164
his or her employment, notify the Mayor of the termination, indicating the date on which 165
employment ceased. 166
“(h) Every intern whose employment under the supervision of a funeral director or 167
embalmer is terminated shall, immediately upon being employed to work under the supervision 168
of another funeral director or embalmer, notify the Mayor of the change of employment, 169
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indicating the name, address, and license number of the funeral director or embalmer under 170
whose supervision the intern is continuing his or her internship. 171
“(i) A funeral director or embalmer shall, upon employing an intern or terminating the 172
employment of an intern, notify the Mayor in writing accordingly. The notification shall contain 173
the name, address, and license number of the intern, as well as the date on which the intern was 174
employed or terminated. 175
“(j) The Mayor shall issue rules and regulations, including the establishment of fees for 176
internship applications, to implement this section pursuant to § 3-420.”. 177
(h) Section 9 (D.C. Official Code § 3–408) is amended as follows: 178
(1) Subsection (a) is amended as follows: 179
(A) The lead-in language for subsection (a) is amended to read as follows: 180
“(a) The Mayor may refuse to approve or issue a renewal of a license, or may order 181
restrictions, impose a fine, impose conditions on the practice of funeral directing or embalming, 182
or suspend or revoke the license of any applicant or licensee if the Mayor finds that the applicant 183
or licensee has:”. 184
(B) Paragraph (8) is amended to read as follows: 185
“(8) Engaged in misrepresentation or fraud in the conduct of the business of a 186
funeral services establishment as a funeral director, embalmer, or intern;”. 187
(i) Section 12 (D.C. Official Code § 3–411) is amended as follows: 188
(1) Subsection (a) is amended to read as follows; 189
“(a) No person shall engage in the practice of funeral directing or embalming in the 190
District of Columbia without being licensed in accordance with this chapter.”. 191
(2) Subsection (b) is amended to read as follows: 192
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“(b) No funeral services establishment licensee shall engage in, or permit any employee 193
or agent to engage in, the practice of funeral directing unless the person performing these duties 194
is a funeral director licensed pursuant to this chapter or an intern approved pursuant to this 195
chapter and under the direct or immediate supervision of a licensed funeral director as required 196
by this chapter. The direct or immediate supervision requirement shall not extend to employees 197
whose duties are limited to the business management activities of the establishment.”. 198
(3) Subsection (e) is amended to read as follows: 199
“(e) No person licensed as a funeral director embalmer, approved for internship, or 200
licensed to operate a funeral services establishment shall allow any other person to use or 201
practice under his or her license.”. 202
(j) Section 15 (D.C. Official Code § 3–414) is amended to read as follows: 203
“Sec. 3–414. Services requiring direct supervision by an embalmer. 204
“The handling, preparation, or embalming of human remains which carried infectious or 205
contagious diseases must at all times be done by a licensed embalmer, or in the case of an 206
embalming intern, under the direct supervision of a licensed embalmer.”. 207
(k) Section 17(a) (D.C. Official Code § 3–416(a)) is amended to read as follows: 208
“(a) Any person holding a funeral director’s license or an embalmer’s license, or any 209
person approved for an internship, shall, within 5 days after any change of business or residence 210
address, notify the Mayor in writing of the change.”. 211
(l) Section 20 (D.C. Official Code § 3–419) is amended by striking the phrase “the 212
unlawful practice of funeral directing or apprentice funeral directing,” and inserting the phrase 213
“the unlawful practice of funeral directing, embalming, or interning,”.” 214
(m) Section 22 (D.C. Official Code § 3–421) is amended to read as follows: 215
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“Sec. 3–421. Services requiring immediate supervision. 216
“(a) A funeral directing intern shall not perform the following services unless he or she is 217
under the immediate supervision of a licensed funeral director: 218
“(1) Conducting or directing a funeral; or 219
“(2) Advising consumers making arrangements for the care and disposition of 220
human remains, including arrangements made prior to the death of a person. 221
“(b) An embalming intern shall not perform the following services unless he or she is 222
under the immediate supervision of a licensed embalmer: 223
“(1) The handling, preparation, or embalming of human remains; or 224
“(2) The removal or transport of human remains.”. 225
Sec. 3. Fiscal impact statement. 226
The Council adopts the fiscal impact statement in the committee report as the fiscal 227
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 228
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 229
Sec. 4. Effective date. 230
This act shall take effect following approval by the Mayor (or in the event of veto by the 231
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 232
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 233
24, 1973 (87 Stat. 813; D.C. Official Code § 1 206.02(c)(1)), and publication in the District of 234
Columbia Register. 235
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