Frequently asked questions: Funeral and cemeteries

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Funeral directors

Do I need to complete mortuary school to get a funeral director license?
No. You may either get an Associate of Arts degree in mortuary science or complete 2 years in an accredited college. For complete information about education requirements, see How to get your license. If you aren’t sure you have completed the proper courses, send us a photocopy of your transcript for evaluation.
How many hours of continuing education do I need?
Ten hours every 2 years. If you are a new licensee or intern, your first 10 hours must include at least 4 hours of AIDS education and training unless you have completed AIDS training or completed mortuary school since January 1, 1987.
As a continuing education provider, how can I get approval of a course or seminar I am offering?
Send us an outline, agenda, or brief summary of the course or seminar and the instructor information. It must contain enough information for us to determine the value of the course, and the number of clock hours of credit you’re asking for. Please submit this information as early as possible so we have enough time to respond before the course begins.
Does the Department of Licensing maintain a list of funeral homes looking for new employees?
No. Many funeral homes will contact the Washington State Funeral Directors Association job referral service. Phone them for details at 253-588-7111 or fax 253-588-7444.

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Funeral establishments and cemeteries

I am considering buying a cemetery plot and paying all the funeral costs now. Is this a good idea?
Prearranging your funeral, burial, or cremation, may ease the burden on your survivors in a time of grief. Funeral homes and cemeteries that sell prearrangement funeral service contracts are licensed to do so by the Department of Licensing. When you purchase a contract, they are required to deposit or invest a percentage of the money you pay in an insured account to protect your investment. In addition, we monitor the status of prearrangement trust funds.
A certain cemetery isn’t being maintained properly. Can you help me make the cemetery water or mow the grass, cut the brush, pick up trash, etc.?
No, there is no state law or rule regarding the appropriate level of cemetery maintenance.
We planted a tree, bush, or flowers on the grave of our loved one. The cemetery removed it. Is this legal?
Yes, cemeteries are allowed by law to create their own rules for the operation of the cemetery, including rules regarding the planting of trees, bushes, and flowers. You should always check first with cemetery management before planting anything on a grave.

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Cremations and cremated remains

Who can authorize cremations?
You can preauthorize cremation of your own remains with a written document you have signed in the presence of a witness. If you don’t make prearrangements, a cremation may be authorized after your death by the following (in the order given):
  • Your spouse
  • Your adult children
  • Your parents
  • Your siblings
  • A person acting as your representative under your signed authorization
What if none of these family members can be located?
If the funeral home or cemetery is unable to locate the next of kin after making a good faith effort to find them, the most responsible person available may authorize a cremation or alternate disposition. (See RCW 68.50.160.)
Where can I scatter cremated remains in Washington?
You may scatter cremated remains on:
  • National parks, after receiving permission from the Chief Park Ranger.
  • State trust uplands, after receiving permission from the regional manager for each scattering. However, scattering by commercial scattering services isn’t permitted.
  • Public navigable waters under state control, including Puget Sound, the Pacific Ocean within the 3-mile limit, rivers, streams, and lakes.
  • The Pacific Ocean beyond the 3-mile limit. These scatterings must be reported within 30 days to the Regional Administrator of the U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Seattle, WA 98101.
  • Private land, with the permission of the land owner.
What is the proper way to scatter cremated remains?
Don’t drop or throw the urn containing the cremated remains. Scatter only the contents. Pour the cremated remains out of the container and dispose of the container separately. There is usually a second identification label and/or a numbered metal disc inside the container. Keep this and dispose of it separately with the container.

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Embalming and burial

Is embalming always required?
Embalming isn’t required, but all human remains must be either embalmed or refrigerated upon receipt unless disposition of the body has been made. Remains can’t be embalmed without authorization from a family member or representative of the deceased (see RCW 18.39.215). If refrigerated, human remains may only be removed from refrigeration for 24 hours or less to perform the activities listed in WAC 246-500-030(2)(e). Otherwise, the remains must remain in refrigeration until final disposition or transport.
Can I bury someone on private property?
Only if you create a cemetery on that property, following all the licensing requirements. It is a misdemeanor to bury any human remains anywhere except inside a cemetery or a building dedicated exclusively for religious purposes. This doesn’t apply to scattering or burial of cremated remains.(RCW 68.50.130)
Can I bury a fetus on private property?
A fetus of less than 20 weeks gestation isn’t considered by the law to be human remains, and may be buried on private property. However, a fetus of 20 weeks or more gestation is considered to be human remains and must be disposed of in a lawful manner according to state health laws.

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Complaints

How can I file a complaint against a funeral home or cemetery?
You can file a complaint by:
  • Sending a completed Funeral and Cemetery Complaint with copies of all substantiating documents to:
    Funeral and Cemetery Licensing Office
    Department of Licensing
    PO Box 9012
    Olympia, WA 98507-9012
    Email: funerals@dol.wa.gov
    Fax: 360-570-7098
  • Calling us at 360-664-1555. (In most cases you will still be asked to send a written complaint.)
What happens when I file a complaint?
  1. We review your written complaint and documentation. Except in rare cases, we also notify the person or business of the complaint against them and ask for a response.
  2. Your written complaint and the response from the service provider is assigned to a case manager, a member of the board, for review.
  3. The case manager consults with board staff to determine if any violations of the laws and rules governing funeral and cemetery practice have occurred.
  4. The case manager and board staff decide one of the following:
    • To close the complaint for lack of jurisdiction.
    • The conduct was proper and there are no apparent violations.
    • To request an investigation if there are possible violations.
  5. If an investigation is requested, it is assigned to an investigator who acts as an impartial fact-finding third party and doesn’t represent you, the board, or the service provider. There is no set time frame that determines how long an investigation will take.
  6. After the investigation, the case is returned to the case manager and board staff for additional review and evaluation.
    • If the evidence shows violations have occurred, the case manager and the board staff consult with the prosecuting attorney general, and disciplinary action may be started or the case may be closed without action.
    • If the evidence shows there was no violation of the laws or rules, the case is recommended for closure without action. The recommendation must be approved by the full board at the next board meeting.
What type of remedy can I expect as a result of my complaint?

The type of disciplinary action varies depending on the severity of the violation. There are several possible disciplinary actions against a service provider, including a reprimand, a fine, suspension or revocation of a license, or any combination of these.

We don’t have the authority to recover funds, award damages, or make judicial determinations and our decisions don’t constitute legal opinion. If you wish to pursue these types of remedies, you should seek legal advice.

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