New JerseyA3940220th Legislature (2024-2025)HouseWALLET

Modifies regulation of mortuary science and establishes oversight of mortuary and embalming science.*

Sponsored By: Pou, Nellie, Gary S. Schaer (Democratic), Shanique Speight (Democratic), Sterley S. Stanley (Democratic), Andrew Zwicker (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 3 benefits, 1 costs, 5 mixed.

Licensing paths for out-of-state funeral professionals

Beginning November 1, 2026, out-of-state practitioners can seek either New Jersey license through the board. Applicants must pay a fee, pass the state law exam, meet substantially equivalent education and experience requirements, and hold a valid license. They must have practiced under that license for the two years immediately before applying. The board can waive specified practical training for otherwise-qualified applicants with at least five years of practice immediately before applying. The board can also make agreements allowing cross-border body removal, transport, burial, and funeral directing, but not establishments, advertising, or holding out as a practitioner in the other state.

Funeral professionals get two license tracks

Beginning November 1, 2026, funeral professionals must hold an active license, unless working as registered interns under direct supervision. A mortuary science license covers funeral directing but not embalming; a mortuary and embalming science license covers both. People licensed in mortuary science before May 8, 2025, receive the combined license upon later renewals. Funeral-directing rules also cover making or offering funeral plans, whether before or after death. They also cover offering prepaid funeral agreements.

Funeral trainees face school and practice rules

Beginning November 1, 2026, applicants must be at least 18, show good moral character, and have six months of U.S. citizenship before examination. The standard path requires two academic years of approved college study, one year of approved funeral-service education, and a two-year internship. Three academic years of college plus one year of funeral-service education reduce the internship to one year. Applicants take separate exams for the two licenses; the non-embalming exam excludes embalming, and the National Board Exam is not required. Intern registration costs $50, and the supervising licensee must handle at least 25 cases annually. Embalming applicants must assist in embalming at least 50 bodies. Interns need personal instruction and supervision; non-embalming trainees working under combined-license holders must focus only on funeral directing. An establishment may have one intern, or two with board permission when at least two licensees work there.

Limits protect families from funeral solicitation

Beginning November 1, 2026, the law bars specified funeral-service solicitation in hospitals, nursing homes, and similar facilities unless specifically requested. It also bars solicitation of relatives when death is pending or recent. Residential solicitation requires a prior request or expression of interest from the person or a family member. Referral commissions and rebates are prohibited, while general advertising and permitted requested contacts remain allowed. Licensed cemetery sales staff can still receive compensation for cemetery goods or services.

Funeral professionals must report contagious cases

Beginning November 1, 2026, mortuary professionals must report each contagious case they attend to the local health officer. Reports are due within 12 hours after death, or as soon as practicable after the professional is called.

Funeral professionals need ongoing license education

Beginning November 1, 2026, mortuary professionals must complete continuing education to renew their licenses every two years. The board sets course standards and required credits. It can waive some or all of the requirement for a licensing period.

Written permission guides burial decisions

Beginning November 1, 2026, mortuary professionals can rely on written permission from someone believed to control funeral, disinterment, or disposition decisions. When no living relatives are known, they can rely on someone acting in good faith for the deceased. Signers warrant that their identity and authority claims are true. Professionals and cemeteries are protected from liability unless reasonably notified that the permission is unauthorized or false. Sharing one burial container requires written directions from the deceased, a court, or relatives in this order: spouse, majority of children, parents, majority of siblings, then other next of kin.

Funeral homes need registration and supervision

Beginning November 1, 2026, mortuary rules cover places used to care for, prepare, transport, or dispose of human remains. They also cover places where more than five funerals may occur in a calendar year. Public buildings, places of worship, and fraternal meeting places are exempt from that funeral-count rule. Mortuaries must register annually, visibly display registration certificates and practitioner licenses, and operate under a licensed practitioner's immediate personal supervision. Funeral directing needs that supervision too; branch mortuaries specifically need personal oversight by a licensed mortuary and embalming practitioner.

New board oversees New Jersey funerals

Beginning November 1, 2026, a new State Board of Mortuary Science replaces the Board of Embalmers and Funeral Directors. Its 13 members include eight practitioners, four public members, and one state department member. Governor-appointed members serve three-year terms, with no more than two terms in a row. One public member must be at least 62. Practitioner members must be U.S. citizens, New Jersey residents, and licensed, with five consecutive years of New Jersey practice immediately before appointment. The board can set rules for funeral businesses, preparation rooms, trainees, and professional conduct, and discipline licensees.

Sponsors & Cosponsors

Cosponsors

Rosaura Bagolie
Democratic • House
Tennille R. McCoy
Democratic • House
Robert W. Singer
Republican • Senate
Benjie E. Wimberly
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 182 • No: 6

Senate vote • 3/24/2025

3RDG FINAL PASSAGE

Yes: 39 • No: 0

House vote • 3/24/2025

CONCUR IN SA

Yes: 69 • No: 5 • Other: 1

House vote • 10/28/2024