Arizona State Board of Funeral Directors and Embalmers

Revision Date: 
Tuesday, September 19, 2023

Agency Contact Information

Funeral Services Licensing- Arizona Department of Health Services

Authority- Transferred

In 2023, the authority, powers, duties, and responsibilities of the Board were transferred to the Arizona Department of Health Services.

Regulation of practices related to the disposition of human remains began in 1909 with the establishment of the State Board of Embalming. The State Board of Funeral Directors and Embalmers was established in 1945.

Statutory provisions governing funeral services are found at A.R.S. §§32-1301 through 32-1399. The State Real Estate Department issues licenses for cemetery brokers and has regulatory responsibilities for cemetery development and sale of plots. Statutory provisions are found at A.R.S. §§32-2194 through 32-2194.33. Regulatory rules are found at A.A.C. R4-12-101 et seq.

Function

Until 2023, the Board had oversight of people and businesses engaged in the final disposition of human remains. Its responsibilities included licensure and regulation of persons involved in funeral services, preparation of bodies for burial, and cremation including the work of funeral directors, cremationists, alkaline hydrolysis operators, and persons working under their supervision. The Board had oversight of funeral establishments, crematories, alkaline hydrolysis facilities, and also governed prearranged funeral agreements, consumer information, and property and services sold or provided in connection with the final disposition of human remains. The Board had been authorized to establish fees for alkaline hydrolysis operators and facilities.

Until 2023, the Board was comprised of seven members appointed to four-year terms by the Governor. The Board appointed an executive director and hired employees. Monies collected from licensing fees were deposited into the Board of Funeral Directors and Embalmers Fund. Ninety percent of the monies were deposited into the Fund and the remaining ten percent was deposited in the state General Fund.

History

Laws 1909, Chapter 45 established the Territorial Board of Embalming and provided for licensing and regulation of practices related to the disposition of human remains. Provisions regarding its successor, the State Board of Embalming, were found at 48 R.S., 1913, Chapter IV, Sections 3779-4792.

Until 1945, statutes relating to the Board were found at 1939 A.C.A., Sections 67-1001 through 67-1005. Laws 1945, Chapter 36 repealed and renumbered the provisions as Title 32, Chapter 12; outlined requirements to obtain a certificate to conduct business; established the application and examination process for funeral directors, embalmers, apprentice embalmers, and assistant funeral directors; outlined requirements for funeral establishments; and addressed unlawful practices, disciplinary actions, hearings, appeals, and penalties. The measure established the State Board of Funeral Directors and Embalmers to administer the act and authorized the Board to adopt administrative rules. The Board consisted of three members appointed by the Governor to two-year terms.

Laws 1957, Chapter 44 authorized banks to accept and hold payments for prearranged funeral agreements.

Laws 1972, Chapter 131 increased the number of Board members to five and added provisions setting certificate standards for funeral directors.

Laws 1976, Chapter 149 increased the number of Board members to six, adding an additional lay member and added Article 3.1 to Title 32, Chapter 12, Arizona Revised Statutes, relating to funeral practices. The measure also established the Subdivision Recovery Fund, administered by the state Real Estate Commissioner. The Fund consists of fees collected for real estate and cemetery broker's licenses and is used to compensate persons defrauded in the course of real estate or cemetery transactions. The State Real Estate Department issues licenses for real estate, cemetery lots and membership campground sales. See related history elsewhere in this collection.

Laws 1989, Chapter 236 established regulations for cremating human remains and outlined regulatory and licensing requirements for crematories. The Board was required to obtain the advice of the Real Estate Commissioner before adopting standards for crematories and cremation. Crematories licensed as part of a cemetery were also subject to regulations adopted by the Board.

Laws 1998, Chapter 62 repealed and reorganized Board statutes. The omnibus measure addressed Board responsibilities; licensing requirements; regulation and enforcement; prearranged funeral agreements; cremation and crematories; and cemeteries. An advisory committee was established to review cemetery business practices and provide a report to the Governor and Legislature by November 15, 1998 with recommendations for legislation to protect the public health, safety and welfare.

Laws 2002, Chapter 168 outlined disciplinary actions and modified crematory standards of practice. A second measure enacted in 2002 (Chapter 190) established licensing requirements for cremationists.

Laws 2013, Chapter 249 eliminated references to apprentice embalmers, added provisions authorizing intern trainees at funeral establishments and outlined requirements for that position.

Laws 2019, Chapter 90 modifies the requirement to obtain a license as a funeral director by requiring an applicant for licensure as a funeral director to have held a license as an intern, rather than an embalmer, for at least one year. The measure also revises the definition of 'intern.' Note: The identical provision is also found in Laws 2019, Chapter 172.

Laws 2020, Chapter 75 modified the composition of the Board to include three members representing the profession, rather than four, and increased the number of public members from three to four. The measure includes similar provisions relating to four other boards.

Laws 2022, Chapter 257 defines alkaline hydrolysis, establishes regulation and licensing requirements for alkaline hydrolysis facilities and operators, and authorizes the Board to establish fees for facility and operator licenses. The measure also classifies placing human remains of one person in a location that is on top of the remains of another person as a class 2 misdemeanor.

Laws 2022, Chapter 279 continues the State Board of Funeral Directors and Embalmers until March 31, 2023. An intent clause explains the Legislature continued the Board until March 2023 in order to allow for consideration and transference of responsibilities of the Board. Legislative Council staff is required to prepare proposed legislation for consideration in 2023. See Legislative Committee of Reference report, dated January 2022, regarding the sunset review of the Board. See Arizona Auditor General Report 20-110: Arizona Board of Funeral Directors and Embalmers, Performance Audit and Sunset Review, November 2020.

The Senate Commerce and House of Representative Commerce Committee of Reference (COR) recommended the State Board of Funeral Directors and Embalmers be terminated and the Board powers and duties be transferred to the Arizona Department of Health Services (ADHS). See January 10, 2023 COR Report.

Laws 2023, Chapter 194 repealed the Board of Funeral Directors and Embalmers and transferred the authority, powers, duties, and responsibilities of the Board to ADHS, effective April 1, 2023. Administrative rules and orders of the Board continue in effect; all administrative matters, contracts and judicial actions are transferred and retain the same status with ADHS; all certificates, licenses, and registrations issued by the Board retain their validity for the duration of their terms; all equipment, records, furnishings, other property, and unexpended funds are transferred to ADHS; and all personnel employed by the Board are transferred to ADHS. The measure establishes a seven-member advisory committee, appointed by the Governor, to assist the ADHS Director with duties associated with funeral services.

Sources

  • Arizona Revised Statutes - Title 32, Chapter 12 and Chapter 20
  • Arizona Administrative Code, R4-12-101 et seq.
  • Territorial Laws 1909, Chapter 45
  • 1939 Arizona Code Annotated, §§67-1001
  • Session Laws
    • Laws 1945, Chapter 36
    • Laws 1957, Chapter 44
    • Laws 1972, Chapter 131
    • Laws 1976, Chapter 149
    • Laws 1989, Chapter 236
    • Laws 1998, Chapter 62
    • Laws 2002, Chapters 168 and 190
    • Laws 2013, Chapter 249
    • Laws 2019, Chapter 90 and Chapter 172
    • Laws 2020, Chapter 75
    • Laws 2022, Chapter 257 and Chapter 279
    • Laws 2023, Chapter 194

Funeral Services Licensing website

Arizona Memory Project Arizona State Board of Funeral Directors and Embalmers agency collection

Arizona Memory Project Arizona State Board of Embalming agency collection

Sunset review of the Arizona State Board of Funeral Directors and Embalmers, 2022

Sunset review of the Arizona State Board of Funeral Directors and Embalmers, 2023

Performance audit and sunset review, Arizona State Board of Funeral Directors and Embalmers, 2013

Performance audit and sunset review, Arizona State Board of Funeral Directors and Embalmers, 2020

Related Collections at Arizona State Archives

  • Record Group 46 – Board of Funeral Directors and Embalmers, 1909-1984
  • Manuscript Group 52 – Phoenix Pioneer Cemetery
  • Manuscript Group 69 – A.L. Moore Mortuary
  • Manuscript Group 70 – H.H. McClellan Mortuary