MississippiHB 13162025 Regular SessionHouseWALLET

State Board of Funeral Services; extend repealer on.

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 4 benefits, 4 costs, 8 mixed.

Funeral licensees face fines and suspension

The board can deny, restrict, suspend, or revoke licenses for fraud, unlicensed work, unlawful solicitation, noncooperation, and other misconduct. Discipline generally requires a hearing; immediate suspension without one requires clear, competent, unequivocal evidence of imminent public danger. Covered violations carry discretionary fines up to $500 first, $1,000 second, and $5,000 for third or later violations. The board can also charge reasonable investigation and proceeding costs. Licensees out of compliance with support orders can face suspension through the separate support-enforcement procedures, including appeal and reinstatement rules.

Funeral businesses and workers pay licensing fees

The board sets fees by rule within statutory limits, reviewing funding needs by October 1 each year. Listed establishment fees are $500 for new or ownership-change applications and $300 for renewals; funeral establishment inspections cost $75. Individual funeral service and director fees are $50 initially and $200 for reciprocity; renewals are $125 and $100, respectively. Individual work permits cost $50; special work permits cost $150. Crematory operator initial licenses and renewals each cost $100; trainee applications and renewals each cost $50. Certification costs $50, duplicate licenses $25, and public records $1 per page. Late and reinstatement fees equal the applicable license or trainee fee when payment misses the receipt or postmark deadline.

Families control body removal and preparation

Beginning July 1, 2025, funeral providers need a proper request before responding to a death call. Taking custody requires permission from next of kin or an authorized representative in the law's priority order. Pickup requires a licensed director or practitioner, or someone under their direction; the licensee remains responsible. Embalming or cremation requires prior written or spoken consent for each body from the legally authorized person. Spoken consent records must identify the person's name and relationship, consent date and time, and who obtained it. Homes accepting bodies from specified officials, institutions, or professionals must first ask and follow the authorized person's wishes. Violating that inquiry rule bars charges before directed delivery, except removal and necessary services after accidental or violent death before notification.

Families get cremation records and safeguards

Beginning July 1, 2025, crematories must give families a cremation certificate and keep a matching log. Operators cannot knowingly misidentify remains, except for tiny amounts of another person's remains. Recoverable residue must be removed after each cremation and separately contained when practical to prevent mixing. Dividing cremated remains requires prior written consent from the person entitled to control them. The arranger must get that person's written acknowledgment containing the required explanation about disposition. Whoever disposes of or inters the remains must keep that acknowledgment for at least 3 years.

Families get funeral prices before services

Before services begin, funeral licensees must give those authorizing and paying for services the current general price list. They must also provide casket and outer container price lists and a statement of goods and services. Disclosures must follow the Federal Trade Commission's Funeral Rule, including future disclosure changes. Anyone can request the general price list.

Mississippi extends funeral oversight through 2028

The law keeps the Mississippi State Board of Funeral Service and its regulatory powers in place. It extends the repeal date for the funeral service laws from July 1, 2025, to July 1, 2028.

Unclaimed ashes can be scattered after year

Beginning July 1, 2025, crematories and funeral establishments may scatter or bury unclaimed cremated remains. The family must have left them unclaimed for 12 months after cremation. Disposal can limit the family's ability to claim the remains later.

Specialized funeral businesses face service limits

Commercial mortuary-service businesses may embalm and transport bodies for licensed funeral homes, but cannot sell directly to the public. They cannot arrange or conduct funerals or direct burials. Their direct-cremation arrangements and transport must serve a full-service or branch establishment, or follow a responsible public official's direction. Crematory-only businesses may cremate and transport bodies but cannot otherwise prepare bodies, embalm, conduct ceremonies, or sell funeral goods. They also cannot make funeral or cremation arrangements with unlicensed people or parties.

Families get funeral choices and deadlines

Residents can direct their remains through a written Self-Directed Disposition Authorization, which overrides next of kin. Without written directions, the law ranks who decides; anyone not exercising or contesting that right within 5 days waives it. Conflicting written consents within the highest-priority group follow the majority; ties favor the earlier consent. A later consent requires a court order filed and paid for by the family within 20 days after death. Someone finally found by a court at fault for the death cannot decide; a judge can name the next eligible person. During a related criminal case, the judge may require the person requesting that change to post a $5,000 bond.

Unclaimed bodies get arrangements and cost rules

The coroner or designated person may authorize disposition when no listed party consents within 10 days after death. That authority also applies when none of those parties can afford disposition. If nobody takes responsibility and the public official fails to act within 7 days after written notice, the funeral provider can act. It can recover costs using the least costly, most environmentally sound lawful method consistent with the deceased person's known wishes. The authorizing person or entity and/or the estate owes reasonable costs; the county pays when its supervisors control disposition. Providers following lawful instructions in good faith receive protection from civil liability and criminal prosecution.

Unpaid family burials keep licensing exceptions

Funeral services and burials generally must be under a licensed funeral director's or funeral service licensee's actual supervision. Families can bury their own dead without charge without violating that rule. The chapter protects religious ceremonies and unpaid preparation or burial by churches, families, friends, and neighbors. The board cannot regulate cemeteries or cemetery chapels, except funeral establishments operated by cemeteries.

Funeral trainees get supervised training pathway

The board can issue trainee certificates after the supervising licensee verifies the application. Training lasts 12 to 18 months at a Mississippi-licensed funeral establishment under an actively practicing Mississippi licensee's direct supervision. Certificates last 1 year and can be renewed while training requirements remain satisfied. Applications and renewals each cost $50. Trainees cannot claim licensed director, practitioner, or embalmer status and may work only under an approved supervisor.

Crematories face safeguards and broader location options

Beginning July 1, 2025, each crematory needs its own displayed license, and only certified operators may run cremation equipment. Crematories may locate on or beside cemeteries or funeral homes, or elsewhere when local zoning allows. Licensed facilities cannot cremate animals and must receive inspection during every license period, with additional inspections allowed as needed. Operators finding equipment needs repair must stop using it and notify the board by phone and writing within 48 hours. Use can resume only after the board receives satisfactory proof of repair. Unlicensed operation or other violations of the crematory section are felonies; conviction can also lead to license revocation.

Funeral homes need licenses and inspections

Funeral homes and branches generally need separate, displayed, nontransferable licenses lasting 2 years, with exceptions for specified service venues. New licenses require inspection, fees, and an interview with the licensee in charge and/or owners. Expired licenses require an application, inspection, and fees for reinstatement. Facilities must meet supervision, sanitation, equipment, and space standards; branch supervision has a stated exception. New homes need inspection before opening, and all homes need inspection during each license period. Cited violations must be corrected to the board's satisfaction within 30 days after the inspection report is filed.

Prepaid funeral buyers get seller safeguards

Retail casket sellers not licensed under the funeral law must register annually; the board shares registrants' names on request during business hours. Failure to register is subject to the board's discipline and penalties. Registered casket sellers offering prepaid casket contracts must follow the listed prepaid funeral contract laws, including sales through agents. Funeral homes and directors can lose or face restrictions on their licenses for taking prepaid money without registration. Discipline also covers failing to place money in required trusts or send consumer insurance premiums to insurers on time.

Unlicensed funeral work faces repayment and fines

Regulated funeral work and advertising require a current license in good standing. With reasonable cause, the board can pursue unlicensed activity, order corrective action or restitution, and fine up to $5,000 per violation. It can also recover reasonable investigation and prosecution costs. Emergency orders take effect when served and generally last through proceedings unless a court orders otherwise; a complaint must follow within 10 days. The chapter's general misdemeanor penalty allows a $5,000 fine, up to 6 months in county jail, or both after conviction.

Sponsors & Cosponsors

Sponsor

Fred Shanks
Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 163 • No: 0

Senate vote • 3/6/2025

Passed

Yes: 50 • No: 0

House vote • 2/10/2025