TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Fast-Track Regulation

Title of Regulation: 18VAC65-20. Regulations Governing the Practice of Funeral Services (amending 18VAC65-20-540, 18VAC65-20-580).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 1, 2026.

Effective Date: July 16, 2026.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4479, fax (804) 527-4471, or email fanbd@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Funeral Directors and Embalmers to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because the General Assembly has determined that the provision of funeral services must be regulated by the board in order to protect the health, safety, and welfare of the public.

Rationale for Using Fast-Track Rulemaking Action: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the amendments reduce requirements for establishments that do not perform certain services, making compliance with board regulations easier.

Substance: The amendments (i) exempt funeral establishments where embalming is not performed from maintaining certain items used exclusively for embalming in preparation rooms; (ii) clarify that funeral establishments with more than one location are not required to maintain more than one preparation room; (iii) require rubber gloves for all individuals in the preparation room; and (iv) clean up language.

Issues: The primary advantage to the public is increased choice in funeral establishments and services. More funeral establishments may be licensed because of this change, since not equipping a preparation room with embalming equipment currently constitutes an inspection violation. The disadvantage to the public is that not all funeral homes will be equipped to embalm bodies. There are no primary advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to a petition for rulemaking,² the Board of Funeral Directors and Embalmers (board) proposes to no longer require funeral establishments, where embalming services are not offered, to maintain preparation room supplies and equipment related exclusively to the practice of embalming.

Background. Under the current regulations, all funeral establishments are required to maintain preparation room supplies and equipment related exclusively to the practice of embalming, regardless of whether they perform embalming. However, the petitioner notes that some funeral homes do not practice embalming under their religious guidelines, and there may be cremation only establishments. In response to the petition, the board proposes to exempt establishments that do not perform embalming services from the preparation room equipment requirements related to the practice of embalming (i.e., 18VAC65-20-580).

Estimated Benefits and Costs. Under the proposal, funeral establishments that do not offer embalming services would no longer be required to maintain preparation room supplies and equipment for embalming. The establishments that do not offer embalming services, but currently have preparation room supplies and equipment dedicated to embalming, would be able to dispose of or repurpose such supplies and equipment. Those establishments that do not offer embalming but are currently required but also are out of compliance with this requirement; or those that would obtain licensure in the future would not be forced to incur costs related to preparation room supplies and equipment. However, there are no data on the number of funeral establishments that may benefit from this change, nor is there any estimates on the magnitude of potential benefits for no longer requiring embalming room supplies and equipment from those establishments that do not offer embalming.

Businesses and Other Entities Affected. The proposed changes apply to 433 licensed funeral establishments in the Commonwealth.³ There are no data on the number of funeral establishments that do not offer embalming. No regulated entity is expected to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ The proposal is expected to benefit funeral establishments that do not offer embalming services. Since there is no expected increase in costs nor a reduction in benefits for any entity, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not appear to adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments are neither expected to introduce costs for localities nor to affect any locality disproportionately.

Projected Impact on Employment. The proposed amendments are not expected to affect total employment.

Effects on the Use and Value of Private Property. The reduced compliance costs from no longer being required to maintain preparation room supplies and equipment for embalming should add to asset values of funeral establishments that do not offer embalming. No impact on real estate development costs is expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://townhall.virginia.gov/L/ViewPetition.cfm?petitionId=416.

³ See Page 4 at https://www.dhp.virginia.gov/about/stats/2026Q2/04CurrentLicenseCountQ2FY2026.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Funeral Directors and Embalmers concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments exempt certain funeral establishments where embalming services are not performed from certain preparation room requirements related exclusively to the practice of embalming. The action also clarifies that a funeral establishment with multiple locations is not required to maintain more than one preparation room.

18VAC65-20-540. Preparation room requirements.

A. Every A funeral service establishment at which embalming of dead human bodies is performed shall have at least one room used exclusively for embalming or preparation of the body for burial, transportation, or other disposition.

B. The following are required of the a preparation room or rooms:

1. The walls shall extend floor to ceiling;

2. The floor and wall surfaces shall be of a material or covered by a material impervious to water; and

3. The material shall extend from wall to wall with all joints tight and sanitary.

C. All functions connected with embalming shall be performed within the preparation room.

D. A funeral service establishment with more than one location at which it performs funeral services shall not be required to maintain more than one preparation room.

18VAC65-20-580. Preparation room equipment.

A. The preparation room or rooms shall be equipped with:

1. A ventilation system which that operates and is appropriate to the size and function of the room;

2. Running hot and cold water;

3. Flush or slop sink connected with public sewer or with septic tank where no public sewer is available;

4. Metal, fiberglass, or porcelain morgue table;

5. Covered waste container;

6. Instruments and apparatus for the embalming process;

7. A means or method for the sterilization or disinfection of reusable instruments by chemical bath or soak;, autoclave (steam);, or ultraviolet light;

8. Disinfectants and antiseptic solutions;

9. Clean gowns or aprons, preferably impervious to water;

10. Rubber gloves for each embalmer, intern, or student individual using the room;

11. An electric aspirator or hydroaspirator equipped with a vacuum breaker;

12. An eye wash station that is readily accessible; and

13. A standard first aid kit, that is immediately accessible, either in the preparation room or outside the door to the preparation room.

B. A funeral service establishment at which no embalming of dead human bodies is performed is not required to maintain embalming supplies or equip the preparation room with the items in subdivision A 6 of this section.