I request the Utah Legislature amend Utah Funeral Code Sections:
26-2-2 Definitions, 26-2-13 Death cert registration requirements, 26-2-16 Death cert filing which used to allow any person to file a death certificate and care for the dead but since Feb 2006 states: a certificate of death shall be signed and filed only by a custodial funeral service director or an agent of the custodial funeral service director, defining a custodial funeral service director as: a funeral service director who (a) is employed by a licensed funeral establishment; and (b) has custody of a dead body.

Before 2006 the law defined a "Funeral director or person acting as funeral director" to be: the person who takes possession of a dead body or prepares it and arranges for its final disposition, and includes:(a) a licensed funeral director; (b) a representative of a hospital which is making final disposition; or (c) another person assuming responsibility for the final disposition of the remains.
(see Attachment B (below) to see where the right to not face a funeral salesman and carry out our own care of the dead used to be deliberately protected in multiple sections of utah code, as well as others states)

In 2006 the Utah Funeral Directors Association (UFDA) tricked the Legislature into passing new wording, which the UFDA knew but did not reveal, would interfere with families, friends, committees and congregations caring for their own dead, a basic right of citizenship still protected in 44 states in our country. (see Attachment C for the transcription of the audio of bill 172 as it was addressed on the Feb 2006 Consent Calendar.) I am sure that the entire legislature and DOPL (Dept of Professional Licensing) assumed that “person acting as funeral director” referred to unlicensed employees of a funeral service director.

The 2006 change in wording inappropriately puts funeral service directors in a position of authority over private citizens - and forces families to pay for it. This is astonishing, since the law is normally used to safeguard consumers and the public from predatory business practices, not to force unwilling consumers to pay for "supervision" of a professional salesperson. I liken this to being required to hire a hairdresser whenever I go to cut my kids hair.

Attachment B

At the Capitol bldg during the 2004 session, I, Joyce Mitchell, handed out a flyer similar to that below to legislators

Can Family Act as Funeral Director?
Utah law (and most every state in the U.S) says YES!! :

26-2 Definitions
(4) "Funeral director" or "person acting as the funeral director" means the person who takes possession of a dead body or dead fetus, prepares the dead body or dead fetus and arranges for its final disposition, and includes: (a) a licensed funeral director; (b) a representative of a hospital which is making final disposition; or (c) another person assuming responsibility for the final disposition of the remains.

26-2-16 Death Certificate
(1) “The funeral director or person acting as funeral director shall file a certificate of death prior to any disposition of a dead body.. The funeral director or person acting as funeral director shall present the certificate to the attending physician…The funeral director, or person acting as funeral director, shall: (a) provide the address of the funeral director or person acting as funeral director; (b) certify the date and place of burial; and (c) file the certificate with the state or local registrar.
2) A funeral director, embalmer, or other person who removes from the place of death or transports or is in charge of final disposal of a dead body…

26-2-13 Certificate of death -- Execution and registration requirements. (1) (a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the district in which the death occurs, or as otherwise directed by the state registrar, within five days after death and prior to the decedent's interment, any other disposal, or removal from the registration district where the death occurred. (4) (a) The funeral director or person acting as funeral director, who first assumes custody of the decedent shall file the certificate of death. He shall obtain the personal data from the next of kin or the best qualified person or source available. (5) (a) The medical section of the certificate shall be completed, signed, and returned to the funeral director within 72 hours after death by the physician who was in charge of the decedent's care for the illness or condition which resulted in death, except when inquiry is required by Title 26, Chapter 4, Utah Medical Examiner Act. Amended by Chapter 202, 1995 General Session1995

26-2-17 Death Certificate -- Registration prerequisite to interment -- Burial-transit permits - (3) A burial-transit permit shall be issued by the local registrar of the district where the certificate of death or fetal death is registered: (a) for dead bodies or fetuses to be transported out of the state for final disposition; or (b) when disposition is made by a person other than a licensed funeral director.
Amended by Chapter 202, 1995 General Session (this law still stands)
53B-17-301 Unclaimed dead bodies -- Notice to School of Medicine -- Preservation of dead bodies. (1) Any person who has charge over an unclaimed dead body that is to be buried at public expense shall notify the dean of the School of Medicine at the University of Utah within 24 hours after taking charge of the body.… (4) The delivered body shall be properly embalmed and preserved for not less than 60 days. If a personal friend or relative of the deceased person requests the body for a private burial, during this time period, the person is given possession of the body. Enacted by Chapter 167, 1987 General Session (this law still stands)

10-8-63 Burial of dead -- Vital statistics. They may regulate the burial of the dead, consistent with Title 8, Chapter 5, Municipal Cemeteries, the registration of births and deaths, direct the returning and keeping of bills of mortality, and impose penalties on physicians, sextons, and others for any default therein. (this law still stands)

Tennessee code 62-5-102:
Nothing herein shall be constituted to prevent or interfere with the ceremonies, customs, religious rites, or religion of any people, denomination, or sect, or to prevent or interfere with any religious denomination, sect, any body composed of persons of a denomination, or to prevent or interfere with any church or synagogue from having its committee or committees prepare human bodies for burial or to the families, friends or neighbors of deceased persons who prepare and bury their dead without charge

Mississippi also recognizes this right in two places. In 73-11-63 The language was added effective 2002 and is almost exactly the same as Tennessee’s. From Mississippi code 73-11-65 we read:

Every funeral service or interment, or part thereof that is conducted in Mississippi must be in the actual charge and under the supervision of a funeral director or funeral service licensee who is licensed under this chapter. However, this section shall not prevent a family from burying its own dead without charge [emphasis added].

New Hampshire—A reversal of statute, similar to what we are seeking in Utah, went into effect in January 2000 permitting next-of-kin or designated agents to care for their own dead. Officials have stated there have been no problems reported. From NH Revised Statutes Online:
Title I 5-C:62 Death Registration Forms. – I. For every death that occurs in the state of New Hampshire, a death record shall be filed electronically by a funeral director, certifying physician or ARNP [Advanced registered nurse practitioner], next of kin, designated agent, or clerk of the town or city with the division within 36 hours of death and prior to final disposition or entombment. II. The funeral director, next of kin, or designated agent pursuant to RSA 290:1 shall provide the following information for the death record:

Attachment C

Transcription of the audio testimony of Bill 172 during the general legislative Consent Calendar session Feb 3 2006:

Senator Hatch: "Thank you Mr President, uh Senate Bill 172 changes the definition of Funeral Service Director in the Vital Statistics Act to match the definition found in uh funeral licensing, Funeral Servicing Licensing Act under DOPL so that, [inaudible]. They currently contradict each other and so it makes them consistent. It, it also defines a custodial funeral director as the person who is, is employed by the funeral establishment that actually has possession of the body and, and the person that is authorized to sign the death certificate, so, uh, some technical amendments, but more clarification than anything else."

It passed unanimously.

House Rep Dee: “Thank you Mr Speaker. Representative this bill uh does a few technical changes. It changes the definition of the Funeral Service Director in the Vital Statistics Act to match the definitions as found in the Funeral Service Licensing At 58-9-102 so that they , so that they do not contradict each other. It also makes changes to uh meet the DOPL requirements uh for licenses, that only those that are licensed through DOPL can legally use the title -Funeral- Service- Director- (said with emphasis). In May through June the state Vital Records will be starting a program of electronic filing of the death certificates, and these changes will assist them in this particular electronic filing.”

It passed unanimously.
Side note on the logic of the bills’ actual intent: Citizens (“or person acting as funeral director”) shouldn’t have been removed just because the UFDA were amending professional licensing definitions.
Funeral Service Directors do need licenses, not because there have been problems with citizens handling their own dead or filing our own death certificates but, to regulate themselves.
Side note on the electronic filing issue brought up in the House: The issue of filing electronically, The Daily Herald article in Appendix E quotes Jeff Duncan, director of the Utah Office of Vital Records as saying,
" [families filing the death certificate themselves] was not a big problem," he said. "We probably got 10 a year where the family had signed it."
"They typically did have problems," he added, such as missing information or not filing in time. But it happened so rarely, he said, that it wasn't a much of an issue.
Still, he supports the new law because it makes filing more efficient. The office is also introducing electronic filing of death certificates and only licensed funeral directors will be able to log on to that system, although paper filing still will be available.

So paper filing is still possible! However I would hope somehow the funeral consumer could gain access to the system rather than manually driving all around for the needed signatures. If New Hampshire is able to let their citizens access their electronic filing system why can’t we? From their code: Title I 5-C:62 For every death that occurs in the state of New Hampshire, a death record shall be filed electronically by a funeral director, certifying physician or ARNP [Advanced registered nurse practitioner], next of kin, designated agent, or clerk of the town or city with the division within 36 hours of death and prior to final disposition or entombment.