subject: Is Embalming Required By Law? [print this page] One of the most frequently asked questions I receive as a funeral director is "Is embalming required by law?" The answer is, in most cases, no.
While many funeral homes will require embalming if you choose to have an open casket service such as a viewing or visitation, embalming is not always necessary nor is it legally required if a body is being buried or cremated shortly after death. This is especially true because most bodies are refrigerated after death at the funeral home. Eliminating embalming from the services a funeral home provides can not only save you hundreds of dollars, it can avoid the use of harmful, formaldehyde based embalming fluids.
Kraft-Sussman Funeral Services in Las Vegas, NV, http://kraftsussman.com, along with a number of other ecologically-minded funeral homes around the country choose to be part of the green burial movement. While embalming is provided for families who desire that service, we do not include it automatically in all of our services.
The Federal Trade Commission regulates funeral homes with a document called the Funeral Rule. Under the Funeral Rule, http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro19.shtm, a funeral provider:
may not provide embalming services without permission.
may not falsely state that embalming is required by law.
must disclose in writing that embalming is not required by law, except in certain special cases.
may not charge a fee for unauthorized embalming unless embalming is required by state law.
must disclose in writing that you usually have the right to choose a disposition, such as direct cremation or immediate burial, that does not require embalming if you do not want this service.
must disclose in writing that some funeral arrangements, such as a funeral with viewing, may make embalming a practical necessity and, if so, a required purchase.
Be sure you know your rights as a consumer when considering the options you choose for your funeral or the funeral of a loved one.
