District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0047 Compare Versions

Only one version of the bill is available at this time.
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2626 ligtlh—
2727 ‘ChairmanPhilMendelson
2828 ABILL.
2929 INTHECOUNCILOFTHEDISTRICTOFCOLUMBIA
3030 ToamendtheDistrictofColumbiaFuneralServicesRegulatoryActof1984toprovide
3131 definitionsofembalmingandembalmer;toamendtherequirementsforafuneral
3232 director'slicense;tocreateanembalmer’slicense;toprescriberequirementsforafuneral
3333 directingorembalminginternship;andtomakeconformingamendments.
3434 BEITENACTEDBYTHECOUNCILOFTHEDISTRICTOFCOLUMBIA,Thatthis
3535 actmaybecitedasthe“FuneralDirectorsLicensingReformAmendmentActof2025”.
3636 Sec.2.TheDistrictofColumbiaFuneralServicesRegulatoryActof1984,effective
3737 May22,1984(D.C.Law5-84;D.C.OfficialCode§3-401efseq.),isamendedasfollows:
3838 (a)Strikethesectiondesignation“§3-407.Termsandconditionsofapprenticeship.”and
3939 insertthesectiondesignation“§3-407.Internships.”initsplace.
4040 (b)Strikethesectiondesignation“§3-414,Servicesrequiringdirectsupervisionby
4141 funeraldirector.”andinsertthesectiondesignation“§3-414.Servicesrequiringdirect
4242 supervisionbyembalmer.”initsplace.
4343 (©)Strikethesectiondesignation“§3-421.Servicesrequiringimmediatesupervisionby
4444 afuneraldirector.”andinsertthesectiondesignation“§3-421.Servicesrequiringimmediate
4545 supervision.”initsplace.
4646 (d)Section3(D.C.OfficialCode§3-402)isamendedasfollows:
4747 1
4848 2
4949
5050 (1) Paragraph (2) is repealed. 35
5151 (2) New paragraphs (7A) and (7B) are added to read as follows: 36
5252 “(7A) “Embalmer” means any person engaged in the practice of embalming. 37
5353 “(7B) “Embalming” means the process of chemically treating the dead human 38
5454 body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to 39
5555 reduce the presence and growth of microorganisms to temporarily retard organic 40
5656 decomposition.”. 41
5757 (3) A new paragraph (8A) is added to read as follows: 42
5858 “(8A) “Funeral directing” means the for -profit profession of directing or 43
5959 supervising funerals, preparing human dead for burial by means other than embalming, or 44
6060 making arrangements for funeral services or the financing of funeral services.”. 45
6161 (4) Paragraph (9) is amended to read as follows: 46
6262 “(9) “Funeral director” means any person licensed by the District to perform the 47
6363 practice of funeral directing.”. 48
6464 (5) Paragraph (14) is amended to read as follows: 49
6565 “(14) “License” means an authority from the District which entitles the holder to 50
6666 practice in the District as a funeral director or an embalmer, or an authority from the District 51
6767 which entitles the holder to own and operate a funeral services establishment.” . 52
6868 (6) Paragraph (18) is amended to read as follows: 53
6969 “(18) “Practice of funeral services ” means engaging in the care and disposition of 54
7070 the human dead, the preparation of the human dead for the funeral service, burial or cremation, 55
7171 the making of arrangements for the funeral service or for the financing of the funeral service and 56
7272 the selling or making of financial arrangements for the sale of funeral supplies to the public.”. 57 3
7373
7474 (e) Section 6 (D.C. Official Code § 3- 405) is amended as follows: 58
7575 (1) Subsection (a) is amended to read as follows: 59
7676 “(a) Funeral director’s license. — Except as provided in subsections (b) and (c) of this 60
7777 section, an applicant for licensure as a funeral director shall furnish satisfactory proof to the 61
7878 Mayor that he or she: 62
7979 “(1) Is at least 18 years of age; 63
8080 “(2) Has completed a funeral director internship; 64
8181 “(3) Is a graduate of a school of mortuary science or funeral service accredited by 65
8282 the American Board of Funeral Service Education, Incorporated or have completed an associate's 66
8383 degree or its equivalent, which consists of at least 60 credit hours of coursework, of which at 67
8484 least 30 hours shall be from a funeral directing program approved by the board; 68
8585 “(4) Has passed the National Board Examination in Sciences or State Board 69
8686 Examination in Sciences of the International Conference of Funeral Service Examining Boards; 70
8787 “(5) Is fully acquainted with District and federal laws relating to the practice of 71
8888 funeral directing, in a manner to be determined by the Mayor; 72
8989 “(6) Has paid all required fees; and 73
9090 “(7) Has met all additional requirements set by the Mayor. 74
9191 (2) Subsection (d) is repealed. 75
9292 (3) New subsection (d- 1) and (d- 2) is added to read as follows: 76
9393 “(d-1) Embalmer’s license – An applicant for licensure as an embalmer must furnish 77
9494 proof satisfactory to the Mayor that he or she: 78
9595 “(1) Is at least 18 years of age; 79
9696 “(2) Has completed an embalming internship; 80 4
9797
9898 “(3) Is a graduate of a school of mortuary science or funeral service accredited by 81
9999 the American Board of Funeral Service Education, Incorporated or have completed an 82
100100 embalming program approved by the board; 83
101101 “(4) Has passed the National Board Examination in Sciences or State Board 84
102102 Examination in Sciences of the International Conference of Funeral Service Examining Boards; 85
103103 “(5) Is fully acquainted with District and federal laws relating to the practice of 86
104104 embalming. 87
105105 “(6) Has paid all required fees; and 88
106106 “(7) Has met all additional requirements set by the Mayor. 89
107107 “(d-2) Persons licensed as funeral directors prior to the effective date of the Funeral 90
108108 Directors Licensing Reform Amendment Act of 2023 shall automatically receive an embalmer’s 91
109109 license.”. 92
110110 (4) Subsection (e)(5) is amended to read as follows: 93
111111 “(5) The Board shall provide the Office of the Chief Medical Examiner and all 94
112112 facilities and agencies, as defined in § 44-501(c), with a list of all funeral services establishments 95
113113 and a list of funeral directors, embalmers , certified interns and courtesy card holders authorized 96
114114 to receive human remains for care or preparation in accordance with this chapter. The list shall: 97
115115 “(A) Consist only of funeral services establishments licensed and 98
116116 operating in the District of Columbia pursuant to this subsection; 99
117117 “(B) Include the funeral services establishment license number; and 100
118118 “(C) Be updated annually.”. 101
119119 (5) Subsection (g) is amended as follows: 102
120120 (A) Paragraph (2) is amended to read as follows: 103 5
121121
122122 “(2) Each application for a funeral director’s, embalmer’s license, or certificate of 104
123123 internship shall be accompanied by a recent photograph of the applicant’s face, measuring 105
124124 approximately 1” x 11/2”.”. 106
125125 (B) Paragraph (7) is amended to read as follows: 107
126126 “(7) Procedures governing applications for a funeral director’s license, an 108
127127 embalmer’s license, a certificate of internship, a surviving spouse license, and a license to 109
128128 operate a funeral services establishment shall be prescribed in rules and regulations issued by the 110
129129 Mayor pursuant to § 3- 420.”. 111
130130 (6) Subsection (i) is amended to read as follows: 112
131131 “(i)(1) The Board may issue a license to: 113
132132 “(A) Practice as a funeral director in the District to an applicant who is 114
133133 licensed by another state by waiver of the examination and internship requirements of subsection 115
134134 (a) of this section; or 116
135135 “(B) Practice as an embalmer in the District to an applicant who is 117
136136 licensed by another state by waiver of the examination and internship requirements of subsection 118
137137 (d-1) of this section. 119
138138 “(2) An applicant for a license to practice as a funeral director or embalmer in the 120
139139 District shall furnish proof to the Board that he or she: 121
140140 “(A) Is currently in good standing as a funeral director or embalmer in a 122
141141 state or territory of the United States with requirements for licensure that are substantially similar 123
142142 to those in effect in the District; 124
143143 “(B) Has practiced continuously in the state or territory of licensure for at 125
144144 least 5 years preceding his or her application; and 126 6
145145
146146 “(C) Meets the following the requirements: 127
147147 “(i) Is at least 18 years of age; 128
148148 “(ii) Has paid all required fees; 129
149149 “(iii) Is fully acquainted with District and federal laws relating to 130
150150 the license sought.”. 131
151151 (f) Section 7(a) (D.C. Official Code § 3–406(a)) is amended to read as follows: 132
152152 “(a) A license to practice in the District as either a funeral director or embalmer, or to 133
153153 operate a funeral services establishment shall be issued to each applicant who meets all of the 134
154154 requirements for licensure.”. 135
155155 (g) Section 8 (D.C. Official Code § 3–407) is amended to read as follows: 136
156156 “§ 3–407. Internships. 137
157157 “(a)(1) A person desiring to become a funeral director or embalmer shall serve as an 138
158158 intern under the direct supervision of a funeral director or embalmer licensed in the District. 139
159159 “(2) Notwithstanding paragraph (1) of this subsection, an intern who is required to 140
160160 serve a 2-year minimum internship may serve up to 1 year of the internship outside of the 141
161161 District, if the period of internship served outside of the District is served under the supervision 142
162162 of an individual who has passed a national approved examination for the internship in question. 143
163163 The Mayor shall issue rules and regulations to implement this subsection pursuant to § 3- 420. 144
164164 “(b) The applicant shall furnish proof that he or she is: 145
165165 “(1) Is at least 18 years of age; 146
166166 “(2) Holds a high school diploma or its equivalent, or higher. 147 7
167167
168168 “(c) An internship for funeral directing or embalming shall consist of at least 2,000 hours 148
169169 of training to be completed in no more than 2 years; provided, that an internship may be 149
170170 extended, for good cause, to a total period of no more than 5 years. 150
171171 “(d) A funeral directing intern shall receive training in all areas of funeral directing, 151
172172 including assisting at least 25 funerals, 25 arrangement conferences, as well as visitations and 152
173173 financing of funeral services. 153
174174 “(e) An embalming intern shall receive training in all aspects of embalming practice, 154
175175 including assisting in at least 25 embalmings, as well as treatment, restorative art, safety and 155
176176 sanitation, and organ, tissue, or anatomical donation. 156
177177 “(f)(1) The intern and the licensee supervising the intern shall submit a written report at 157
178178 the end of every 1,000 hours of training that specifies the period of time in which the 1,000 hours 158
179179 has been completed and verify that the intern has actually served in the required capacity during 159
180180 the preceding period. The report shall be submitted no more than 30 days following the 160
181181 completion of 1,000 hours. 161
182182 “(2) An intern shall not receive credit for training hours on a new 1,000-hour 162
183183 report until the previous 1,000- hour report has been approved. 163
184184 “(g) Every intern employed pursuant to this section shall, within 5 days after terminating 164
185185 his or her employment, notify the Mayor of the termination, indicating the date on which 165
186186 employment ceased. 166
187187 “(h) Every intern whose employment under the supervision of a funeral director or 167
188188 embalmer is terminated shall, immediately upon being employed to work under the supervision 168
189189 of another funeral director or embalmer, notify the Mayor of the change of employment, 169 8
190190
191191 indicating the name, address, and license number of the funeral director or embalmer under 170
192192 whose supervision the intern is continuing his or her internship. 171
193193 “(i) A funeral director or embalmer shall, upon employing an intern or terminating the 172
194194 employment of an intern , notify the Mayor in writing accordingly. The notification shall contain 173
195195 the name, address, and license number of the intern , as well as the date on which the intern was 174
196196 employed or terminated. 175
197197 “(j) The Mayor shall issue rules and regulations, including the establishment of fees for 176
198198 internship applications, to implement this section pursuant to § 3- 420.”. 177
199199 (h) Section 9 (D.C. Official Code § 3–408) is amended as follows: 178
200200 (1) Subsection (a) is amended as follows: 179
201201 (A) The lead-in language for subsection (a) is amended to read as follows: 180
202202 “(a) The Mayor may refuse to approve or issue a renewal of a license, or may order 181
203203 restrictions, impose a fine, impose conditions on the practice of funeral directing or embalming , 182
204204 or suspend or revoke the license of any applicant or licensee if the Mayor finds that the applicant 183
205205 or licensee has:”. 184
206206 (B) Paragraph (8) is amended to read as follows: 185
207207 “(8) Engaged in misrepresentation or fraud in the conduct of the business of a 186
208208 funeral services establishment as a funeral director, embalmer, or intern; ”. 187
209209 (i) Section 12 (D.C. Official Code § 3–411) is amended as follows: 188
210210 (1) Subsection (a) is amended to read as follows; 189
211211 “(a) No person shall engage in the practice of funeral directing or embalming in the 190
212212 District of Columbia without being licensed in accordance with this chapter.”. 191
213213 (2) Subsection (b) is amended to read as follows: 192 9
214214
215215 “(b) No funeral services establishment licensee shall engage in, or permit any employee 193
216216 or agent to engage in, the practice of funeral directing unless the person performing these duties 194
217217 is a funeral director licensed pursuant to this chapter or an intern approved pursuant to this 195
218218 chapter and under the direct or immediate supervision of a licensed funeral director as required 196
219219 by this chapter. The direct or immediate supervision requirement shall not extend to employees 197
220220 whose duties are limited to the business management activities of the establishment.”. 198
221221 (3) Subsection (e) is amended to read as follows: 199
222222 “(e) No person licensed as a funeral director embalmer, approved for intern ship, or 200
223223 licensed to operate a funeral services establishment shall allow any other person to use or 201
224224 practice under his or her license.”. 202
225225 (j) Section 15 (D.C. Official Code § 3–414) is amended to read as follows: 203
226226 “Sec. 3–414. Services requiring direct supervision by an embalmer . 204
227227 “The handling, preparation, or embalming of human remains which carried infectious or 205
228228 contagious diseases must at all times be done by a licensed embalmer , or in the case of an 206
229229 embalming intern, under the direct supervision of a licensed embalmer.”. 207
230230 (k) Section 17(a) (D.C. Official Code § 3–416(a)) is amended to read as follows: 208
231231 “(a) Any person holding a funeral director’s license or an embalmer’s license, or any 209
232232 person approved for an internship, shall, within 5 days after any change of business or residence 210
233233 address, notify the Mayor in writing of the change.”. 211
234234 (l) Section 20 (D.C. Official Code § 3–419) is amended by striking the phrase “the 212
235235 unlawful practice of funeral directing or apprentice funeral directing,” and inserting the phrase 213
236236 “the unlawful practice of funeral directing, embalming, or interning,”.” 214
237237 (m) Section 22 (D.C. Official Code § 3–421) is amended to read as follows: 215 10
238238
239239 “Sec. 3–421. Services requiring immediate supervision. 216
240240 “(a) A funeral directing intern shall not perform the following services unless he or she is 217
241241 under the immediate supervision of a licensed funeral director: 218
242242 “(1) Conducting or directing a funeral; or 219
243243 “(2) Advising consumers making arrangements for the care and disposition of 220
244244 human remains, including arrangements made prior to the death of a person. 221
245245 “(b) An embalming intern shall not perform the following services unless he or she is 222
246246 under the immediate supervision of a licensed embalmer: 223
247247 “(1) The handling, preparation, or embalming of human remains; or 224
248248 “(2) The removal or transport of human remains.”. 225
249249 Sec. 3. Fiscal impact statement. 226
250250 The Council adopts the fiscal impact statement in the committee report as the fiscal 227
251251 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 228
252252 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 229
253253 Sec. 4. Effective date. 230
254254 This act shall take effect following approval by the Mayor (or in the event of veto by the 231
255255 Mayor, action by the Council to override the veto), a 30- day period of Congressional review as 232
256256 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 233
257257 24, 1973 (87 Stat. 813; D.C. Official Code § 1 206.02(c)(1)), and publication in the District of 234
258258 Columbia Register. 235
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