4/20/2009 - Reads like a headline from The Onion, doesn't it? Senate Bill 796, a bill that purports to better regulate the changing funeral industry, contains a remarkable provision:

“An individual may not practice as a death care consultant unless the individual is licensed as a death care consultant under section 4 of this 2009 Act. Regardless of any title used by the individual, an individual practices as a death care consultant if the individual offers, for payment, consultations or workshops to individuals or groups regarding funeral or final disposition services.”

Plain English ™ Translation - Consumer advocates, home funeral guides, or anyone else has to pass a test and get a license from the state before charging even a dollar to give a workshop on anything to do with funerals or funeral planning. And what creeping menace will this protect the funeral-buying public from? Private citizens (mostly women, some known as death midwives, others as home funeral guides or consultants) who teach people practical, common-sense ways to take on the final care of a dead relative in the home, by the family, mortuary-free. Yes, it's perfectly legal to do so, though we suspect there are some in the commercial funeral business that dearly wish it weren't.

The bill was introduced by Oregon Senator Vicki Walker. Here's FCA's letter opposing the unconstitutional provisions of SB 796. If you care about free speech and the right to free choice in funerals, contact your Oregon legislator. And if you appreciate what FCA does as the only nonprofit consumer watchdog on these issues, please consider supporting us. Without your donations, we wouldn't be here.

UPDATE 4/3/2009 - Boulder Weekly ran a feature story on the bill, highlighting the sponsor's consultation with industry - but not consumer groups - in drafting this bill. FCA did have a productive conversation with the executive director of the Colorado Funeral Director's Association, which resulted in many areas of agreement on possible amendments (though not total agreement). Here's the letter we sent to Rep. Nancy Todd with suggested amendments. She appears to be refusing to communicate with us; why a lawmaker would ignore pleas from a consumer group while drafting "consumer protection" legislation with the aid of a business lobbying group is a mystery.

3/5/09 --- An anti-consumer bill is working its way through the Colorado legislature, and FCA is fighting back with the help of its Colorado chapter, the Funeral Consumer Society of Colorado. HB 1202 purports to better protect consumers by requiring regulation and standards for funeral businesses, but the bill's sloppy language would outlaw private, family-directed funerals and stifle competition that could bring lower-cost funerals and cremations to Colorado families. The bill looks to be the handiwork of the Colorado Funeral Directors Association, and it has all the hallmarks of a lobbying group using lawmakers to circle the hearses to protect funeral industry profits.

Click here to read FCA's critique of the bill.

FCA Executive Director Joshua Slocum will discuss the bill on KGNU Community Radio on March 5, 2009. Click here to stream the live broadcast at 8:00 a.m. Mountain Time.

3/30/2009 - The Federal Trade Commission issued a press release about its 2008 "sweeps," undercover shopping trips to see if mortuaries are complying with the Funeral Rule. The Rule, in place since 1984, requires funeral homes to give consumers printed, itemized price lists and disclosures at the very beginning of any funeral arrangments discussion. Sounds pretty simple, right? So then why did 26 of the 104 funeral homes secret-shopped last year not do it?