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4/12/06 —The Governor signed HB 1046, which requires funeral homes to deposit 85 percent of consumers' prepaid funeral money into a trust account. The prior law only required 50 percent deposit, which was the lowest requirement in the country.While it's not enough to truly protect consumers from problems with prepaid funerals, this is a good first step.


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Massachusetts Legislature home page.

Board of Registration in Embalming and Funeral Directing site with links to relevant statutes and regulations.

Preneed Funeral Contract Regulations

A major redraft of the regulations for preneed funeral contracts was approved by the Board of Registration on December 9, 2003 and will be published February 27, 2004 in the Massachusetts Register and be enforced as of April 30, 2004.

As posted on the Division of Professional Licensure web site:

Press release from Office of Consumer Affairs: New Regulations For Pre-Need Funeral Arrangements Better Protect Consumers


  • Present preneed regulations adopted in 1992. (see attachment below)
  • The proposed text was published on June 24, 2003, and went to public hearing on September 9 in Boston and September 10 in Worcester.
    (see attachment below)
    Both of the above are in markup form, with strikethrough of deleted text and bolded inserted text.
  • The above proposal reformatted to just show the text as it would be after revision:
    (see attachment below)
  • Cover memo by Board of Registration explaining the proposed revisions:
    (see attachment below)
  • Massachusetts Funeral Directors Association comment letter:
    (see attachment below)
  • Massachusetts Funeral Directors Association redraft:
    (see attachment below)
  • Robert M. Folsom comment: (see attachment below)
  • Funeral Consumers Alliance of E. Mass. comment: (see attachment below)
Download this file (comment0.pdf)comment0.pdf[Funeral Consumers Alliance of E. Mass. comment]18 Kbm/j/Y
Download this file (draft41D.doc)draft41D.doc[Text as it would be after revision]91 Kbm/j/Y
Download this file (empreneedregrev41.doc)empreneedregrev41.doc[The proposed text was published on June 24, 2003]144 Kbm/j/Y
Download this file (empreneedregrevclean2.doc)empreneedregrevclean2.doc[Final version as approved by the Board on December 9]99 Kbm/j/Y
Download this file (folsom.pdf)folsom.pdf[Robert M. Folsom comment]53 Kbm/j/Y
Download this file (MFDA-cover-letter.doc)MFDA-cover-letter.doc[Massachusetts Funeral Directors Association comment letter]41 Kbm/j/Y
Download this file (MFDA-redraft.doc)MFDA-redraft.doc[Massachusetts Funeral Directors Association redraft]115 Kbm/j/Y
Download this file (regcklstempreneed03.doc)regcklstempreneed03.doc[Cover memo by Board of Registration explaining the proposed revisions]59 Kbm/j/Y
Download this file (Rules and Regulations_ CMR 239-4.pdf)Rules and Regulations_ CMR 239-4.pdf[Present preneed regulations adopted in 1992]51 Kbm/j/Y
Last Updated ( Tuesday, 04 December 2007 15:53 )


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5/24/06 — Kentuckians can thank their lawmakers for selling them up the river. The legislature caved to the funeral industry's demands to pass House Bill 232 (see below), a protectionist scheme to keep existing funeral home profits high while denying families lower-cost options. The only concession consumers were able to eke out were a grandfather clause allowing currently existing low-cost, low-overhead funeral homes to keep operating, and a clarification that the state won't try to stop families from caring for their own dead. But anyone who wants to bring simple, low-cost funerals directly to the public can forget about doing it in the Bluegrass State.

1/13/06 — House Bill 232, backed by the funeral industry, would shut down low-cost, competitive funeral homes and raise prices for families. It could also take away families' constitutional right to care for their own dead! To find out more, and to see what you can do about it, click here!.



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To check the full text or present legislative status of bills, here is a link to Indiana's legislative page.

Legislators and contact information (including some e-mail).


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5/24/06 - Demonstrating a lack of Aloha spirit, the state legislature failed to tighten Hawaii's prepaid trusting laws for the second year in a row - SB 60 failed. This, despite the fact that the state is suing the islands' largest funeral business for improperly diverting more than $20 million in consumers' prepaid money. Hawaii now shares the honor of being tied with Florida and for the most anti-consumer prepaid funeral trusting deposit laws in the country. Way to go, Hawaii.

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