SB535 Alabama 2010 Session

Summary

Primary Sponsor

Zeb Little

Democrat

Session

Regular Session 2010

Title

Funeral Service, Board of, mortuary service regulated, diversity in board membership, fees and fines increased, authorized agent and liability of funeral director substantially revised, Secs. 34-13-1, 34-13-7, 34-13-9, 34-13-11, 34-13-12, 34-13-20, 34-13-22, 34-13-23, 34-13-26, 34-13-50, 34-13-51, 34-13-53, 34-13-55, 34-13-56, 34-13-70, 34-13-72, 34-13-73, 34-13-74, 34-13-90, 34-13-111, 34-13-113, 34-13-114, 34-13-115, 34-13-116, 34-13-120 am'd.; Secs. 34-13-150, 34-13-151, 34-13-152 repealed

Summary

The bill rewrites Alabama’s funeral service laws by overhauling the Board, expanding licensing rules and fees, and tightening regulation of mortuary and cremation services, including preneed contracts and authorized agents.

What This Bill Does

It updates definitions for mortuary service and related roles, clarifying who can act as an authorizing agent for disposition and how those directions are carried out. It increases and broadens various fees (licensing, exams, renewals, inspections, name changes, and other permits) and requires pricing for funeral services to follow FTC rules. It strengthens Board governance and enforcement (diversity, exam administration, per diem, complaint procedures, and disciplinary actions) and adds licensing, inspection, and operational requirements for mortuary services and crematories, while repealing donor eye enucleation licenses.

Who It Affects

• Funeral directors and embalmers: new licensure rules, higher application/examination/renewal fees, potential temporary work permits, and revised liability rules related to acting on directions from an authorized agent.
• Funeral establishments and mortuary services: updated definitions, new licensing requirements, inspection regimes with higher fees, and rules for name changes, relocations, and operational contents.
• Preneed contract participants and authorizing agents: clarified who may be an authorizing agent, consent requirements for cremation, and rules governing disposition directions.
• Public and families: requirements for price disclosures and transparency in funeral service pricing, and protections around disposition decisions when disputes arise.
• Crematories and cremationists: licensing and inspection mandates, training/tracking requirements, and annual unannounced inspections; prohibition on cremating deceased animals.
• State regulatory framework and donors eye enucleation licensees: governance changes for the Board, including diversity rules, and repeal of donor eye enucleation licensing provisions.

Key Provisions

• Redefines mortuary service, mortuary establishment, and related facilities, including space and equipment requirements.
• Raises penalties for operating funeral services without a license and requires pricing to conform to FTC rules for funeral service, cemetery service, and funeral merchandise.
• Specifies who may enter into preneed contracts and substantially revises the law governing authorizing agents for disposition directions and funeral arrangements.
• Revamps the liability rule so a funeral director’s good-faith reliance on an authorized agent limits liability, with stronger grounds for revocation or refusal to renew licenses for non-cooperation or other violations.
• Expands board composition to improve diversity and authorizes delegation of license examinations; increases per diem days for board members.
• Establishes formal complaint filing and due-process procedures, including investigations, hearings, and timely board decisions; allows temporary suspensions in certain cases.
• Requires licensure as a funeral director to include graduation from an accredited school, with specified examination subjects and passing criteria; increases reciprocal licensing limits and allows temporary work permits.
• Implements higher initial and renewal fee schedules for funeral directors, embalmers, and operators; expands fees for special operating permits, name changes, and license reinstatement.
• Sets contents and inspection requirements for funeral establishments, mortuary services, and mortuary service facilities; requires inspections and annual reporting; allows transfer and branch-location fees.
• Creates a new framework for mortuary service licensing, including application contents, facility descriptions, and inspection processes.
• Strengthens regulation of crematories, requires health and environmental compliance, annual unannounced inspections, and record-keeping; prohibits cremation of animals by board-licensed crematories.
• Repeals donor eye enucleation licensing provisions and fixes an effective date of October 1, 2010.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Funeral Service, Board of