On Leap Day 2024, CANA joined Wake Forest Law Review for an opportunity that comes around even more rarely than February 29: this gathering of thought leaders from across the death care spectrum — practitioners, reformers, lawyers, advocates, and more--to talk about the biggest legal and regulatory topics in the profession. While the Law Review hosts similar events annually, the topic varies and this happened to be a banner year to talk about changes to death care. The goal was to develop scholarly content and discussion on legal and regulatory topics in death care. This was a law symposium after all, and there are myriad legal questions related to disposition, licensure and the Funeral Rule that are in the news--and sometimes in dispute--right now. If you were unable to attend in person or via livestream, recordings are available. Additionally, the Symposium will be covered in an issue of the Wake Forest School of Law Review to be published in fall 2024. This post will be updated with a link at that time. The result of our day together was discussion that covered familiar, progressive ideas from the profession and new takeaways from reformers. Panelists were passionate about their topics and outright disagreements surfaced around licensure and the Funeral Rule, but arguments were thoughtfully presented and everyone walked away with new ideas to consider. When I reflect on my involvement in planning, implementing and presenting during the Symposium, I have identified a number of takeaways and questions that remain. Let this post capture some of those thoughts and questions and serve as fodder for future conversation. New Ideas with Roots in Funeral HistoryCaitlin Doughty served as keynote for the day and delivered a thoughtful, researched and provocative assessment the historical influences on the modern funeral profession and death-curious community. I won’t attempt to summarize her talk in this post, but invite you to listen to the recording. Funeral service as a profession has been stubbornly gendered since its inception in the mid-19th century. It was a gentleman’s profession that embraced embalming and developed many of the customs and traditions that endure today. There are parallels to this trend within cremation and in cemeteries. Women have always been involved in caring for the dead but, until the last decade, were not well represented among licensed funeral directors and embalmers or cemeterians. Professional funeral service is now proving attractive to women, and 80% of new mortuary school and funeral service graduates are female in 2024. When other professions, such as teaching, nursing, librarianship, have shifted from largely male to female, it has resulted in lower pay or a diminished reputation for its workers. There is such a shortage of licensed funeral directors currently that this seems unlikely, but the danger remains. While many women enter traditional mortuary science and funeral service programs as students, many others are carving out their own studies and career paths to become death doulas, death educators and consumer advocates. Both groups cite leaders like Caitlin as inspiration to embrace caring for the dead. Can we, the death care profession, provide a career path for new workers to satisfy their impulse to serve? Irreconcilable Differences?It may seem counterintuitive that funeral reformers and practitioners could find common ground, but we managed to agree on some of the elements of the most controversial topics in death care today. LicensureIf the more than 700 registered attendees at Wake Forest, in the overflow room, and on the livestream are any indication, interest in death care is high. But for those uninterested or unwilling to pursue licensure as a funeral director, a career path is unclear. The profession is experiencing a workforce crisis. The number of new licensed funeral directors has held steady in recent years, but that is not sufficient to offset the higher rate of baby boomer retirees and, eventually, baby boomer deaths. Discussions during the Symposium continued to come back to this topic and raised questions without easy answers: Do licensure requirements accommodate and support new dispositions and prevent scandals? The assertion from reformers and some practitioners is that the current licensure system is somehow insufficient. That is true in the sense that criminals will ignore laws and regulations and will be stopped by enforcement. Licensure and regulations are designed to create barriers to entry and establish minimum levels of competency to promote public safety. This is a good thing, but also up for interpretation as to the nature of those barriers and definitions of competency. The path to legalization of new forms of disposition is not without barriers, but our elected officials and the funeral profession are responding positively to consumer interest in greener technologies. End-of-life care is evolving, are current laws and regulations keeping up? Why is it important for a funeral director to also be an embalmer? Roughly half the states allow one license for a funeral director and another for embalmers, while the other half require a funeral director to do both to be licensed. There was much discussion about “ready to embalm” requirements, including licensure and specific equipment at establishments, that raise costs for businesses and barriers for entry into the profession for new professionals and companies. For businesses that offer embalming, it is logical to have trained professionals, equipment and facilities to offer embalming. But for an increasing number of establishments that offer direct cremation, arrangements only, or new forms of disposition, a requirement to be “ready to embalm” runs counter to their business practice. Is discussing funeral arrangements a matter of free speech or consumer protection? A recent lawsuit in California and an ongoing lawsuit in Indiana raise this question in relation to the work of death doulas. The answer will impact the future of licensure for funeral professionals as well as career paths for death doulas and educators. Can we find a way to meet in the middle and identify a path to employment for death curious people, as well as future funeral directors, embalmers and cemeterians? MoneyThe Funeral Consumers Alliance is dedicated to lowering costs for consumers and is promoting revision of the Funeral Rule to require online price posting to accomplish this goal. Funeral professionals remember that the original Funeral Rule implementation did not result in lower prices overall and any new Rule provisions or revisions are unlikely to do so. More regulation increases costs for businesses that are passed on to consumers. Funeral poverty is a real concern and any funeral home owner knows it as they scan through their accounts receivable. What the public does not see is the common practice of discounting services for veterans, children or victims of crimes. There is a larger societal pattern of lower savings and insufficient financial planning for retirement or common emergencies. If the average American does not have enough savings or credit to pay for a flat tire, will they be able to afford an unexpected death? This reality was on full display during the pandemic and resulted in discussions about potential solutions. Dr. Victoria Haneman shared the strongest argument for preplanning and preneed that I have ever heard from industry insurance and trust professionals. Dr. Haneman then laid out her proposed solutions, centered around income tax and savings incentives. These ideas are fascinating and likely to proceed as expansions of HSA or 529 plans. The NFDA has sponsored a bill that has attracted bipartisan support and would represent progress toward addressing saving for end of life expenses. Public TrustThe Funeral Consumers Alliance asserts that the funeral profession is routinely harming consumers via high prices and confusing practices; however, there is little evidence of harm as measured by complaint volume at federal or state level or via consumer ratings and feedback. Funeral practitioners have high online ratings and positive customer feedback survey results. The FTC identified funeral related complaints to be #29 in their rankings. This disparity in experiences is hard to reconcile, but we must continue to communicate the value of funeral service. Posting pricing online is a current practice for many practitioners, and may soon be required by the Federal Trade Commission. No one likes to be told what to do or how to run their businesses, hence the opposition to this requirement. Practitioners also know that price posting alone will not increase consumer knowledge about end-of-life planning or make it easier. Price is only part of the equation. When choosing an end-of-life provider (death doula or funeral director), trust is more important than price for most people. Scandals also undermine public trust. Caitlin Doughty asserted that additional regulation and licensure may not be the solution to avoid scandals as we have seen in recent headlines. She suggested instead that inspections and enforcement of existing laws could have a major impact. This dynamic is playing out in Colorado right now with a bill to require individual licensure under consideration as well as debate around funding enforcement of existing laws. What did we leave out?Whether intentionally or not, we lacked the time to cover every death care topic of interest to participants. We didn’t convene a panel about green burial or burial conservation trusts. These are established dispositions with fewer outstanding legal questions. But are they viable dispositions in the future of death care? Absolutely! We hoped that the Symposium would bring together passionate people who don’t often interact and we succeeded. The following is a quote one participant shared in the post-event evaluation: I appreciate that the symposium included views from the legal community and what I would consider funeral-adjacent professions and organizations. We don't often get outside of ourselves at funeral association classes/meetings/conventions, and at times risk becoming echo chambers. But there is so much to learn from other professional communities. I would love to hear more from professionals in the hospitality industry (which I consider funeral-adjacent, as we're all just creating experiences) that have been transformative in their businesses and industries. Thank you, for creating the opportunity to hear new--and sometimes uncomfortable--perspectives through this symposium. I share this hope that these conversations continue and we satisfy our mutual interests to advance death and end of life care. The Wake Forest Law Review is a student-run organization that publishes five issues annually. The Law Review also sponsors symposia. In 2024, the Symposium arranged their Spring Symposium on The Future of Death Care in America. Through the publication of articles, notes, comments, and empirical legal studies, the Law Review provides the profession with timely evaluations of current problems in the law and serves students as a valuable educational tool. The Spring Symposium was livestreamed and recordings can be watched here with students' publications on the topics to be published soon. When planning the Symposium, we knew that Professor Terry Brock’s research and work on abandoned cemeteries did not fit neatly in the theme, however we recognized that if we don’t study our history, we are destined to repeat it. Look for a future post to CANA's Cremation Logs blog on this interesting and important research.
It’s no secret that consumers’ increasing preference for cremation is impacting the traditional funeral home business model. Because cremation services generally produce lower revenue, many funeral home owners are expanding their product and service offerings. Others are discovering ways to serve the needs of new groups within their communities. As reported in IBISWorld industry research and echoed in the NFDA’s 2023 Cremation & Burial Report, “It is predicted that funeral homes will continue to expand their array of extra services offered to families; increase their focus on niche markets to differentiate themselves; and draw attention to their value-added services, such as … serving groups with diverse cultural and religious preferences.” Cultural differences play a significant role in funeral practices and the better we understand the religious and cultural diversity of our communities, the greater our opportunity to serve those groups. Ask yourself three questions:
Breaking Down Cultural BarriersIn Orange County California, for example, our team at The Omega Society was contacted by a writer for Orange Network, the monthly magazine of the Orange County Japanese American Association. She was writing a story to inform and educate the local Japanese American community to the range of funeral, cremation and burial options available from the Society. Southern California has the largest Japanese American population in North America, and many adhere to the beliefs of the Shinto faith. She told us that in Shintoism, terminal illness, dying and death are considered “impure,” making frank discussions of death and dying very difficult and even taboo. The result is a population with insufficient knowledge of end-of-life care and local resources available to assist them when the need arises. Our Omega Society location leader met with this writer for a tour of our facility and a wide-ranging discussion that included cremation options, costs, the advantages of prepayment, and options for the disposition of cremated remains. The resulting article did a great deal to shed light on this important subject and positioned The Omega Society as a caring local partner with professionals ready to assist the Japanese American community with all their funeral service needs. This is just one example of funeral professionals who are filling unmet community needs and finding new markets among diverse cultural and religious communities. Honoring Buddhist TraditionsLocated 20 miles southeast of downtown Portland, the city of Happy Valley is one of the most diverse communities in Oregon, including an Asian population of more than 22 percent. Our Sunnyside Funeral, Cremation and Memorial Gardens has worked with local Buddhist temples to serve this community for more than 60 years. Buddhists believe that the soul is reincarnated; death is not the end, so it is not to be dreaded. Most Buddhist societies cremate their dead to purify and free the soul, and aid in the attainment of enlightenment -- just as The Buddha himself was cremated. “Although funeral services can vary by sect of Buddhism, all are beautiful, meaningful celebrations in which family members participate over a two-day period,” said Sunnyside General Manager Samantha Haxton. “Common elements include an invocation to the Buddha, offerings of food and flowers, readings from Buddhist scriptures and a procession of monks. The body of the deceased is transported to our crematory on the second day, where final chanting and praying proceed cremation. Some of our Buddhist families choose to permanently memorialize their loved ones by interring their cremated remains at their temple and many are placed at our Sunnyside Memorial Garden near a large statue of Buddha.” Cultural and Religious Diversity are Here to StayThe shift in ethnicities and increasingly diverse funeral traditions across the United States will only accelerate in the years ahead. As funeral professionals, it’s our job to learn about and appreciate the different cultures and religions present in our communities. We need to make ourselves seen in these communities and let families know we are available and ready to serve them in keeping with their unique customs and rituals surrounding death and mourning. Do your research, build relationships and provide support to all segments of your changing community. Differentiating your funeral home by understanding and accommodating all types of funerals will help you remain a trusted service leader for years to come. May is designated as Asian American, Native Hawaiian and Pacific Islander Heritage Month to recognize the contributions and influence of these communities to the history, culture, and achievements of the United States. As experts in service, expanding your cultural IQ not only helps you serve your whole community, but also helps them to know they can turn to you when in need. Take some time in May – and year-round – to learn something new about the people in your community.
Catch CANA and Foundation Partners this week at 2024 ICCFA Annual Convention & Expo for a session on Preserving Celebrations in a Cremation-Centric World!
This post excerpted from an article of the same title published in The Cremationist volume 60, issue 1. Members can read the full article by logging in to the CANA website. Not a member yet? See the full benefits of membership and join today!
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