SB239: SB239 Funeral Directors and Establishments; funeral directors be licensed embalmers; remove the requirement

Under current Georgia law, a person cannot become a licensed funeral director without first being a licensed embalmer. This bill rewrites Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated to separate the two professions, creating distinct education, examination, and apprenticeship tracks for funeral directors and for embalmers, while still allowing someone to hold both licenses. The bill also restructures the State Board of Funeral Service, expanding it from six to seven members with three funeral director and embalmer seats, three embalmer seats, and one consumer member, and adds four year terms with a two term limit. It updates definitions to reflect organic human reduction (a form of body disposition sometimes called green burial or human composting), changes reciprocity rules for out of state licensees, and requires that the funeral director who is in full and continuous charge of a funeral establishment still be licensed as both a funeral director and an embalmer. New recordkeeping and pricing disclosure rules for funeral establishments would also take effect, along with updated cremation and organic human reduction remains disposal procedures, generally effective July 1, 2026.

• Removes the requirement that every licensed funeral director must first be a licensed embalmer, creating separate education, exam, and apprenticeship paths for each license (Code Section 43-18-41).
• Still requires that the funeral director designated as being in full and continuous charge of a funeral establishment hold both a funeral director's and an embalmer's license (Code Section 43-18-71).
• Restructures the State Board of Funeral Service from six to seven members, splitting seats between dual licensees, embalmer only members, and one consumer representative, and adds four year terms with a two term limit (Code Section 43-18-21).
• Requires funeral establishments to keep and provide the board with a general price list and 12 months of invoices and contracts for funeral services and merchandise (Code Section 43-18-70).
• Updates rules for handling unclaimed cremated or organically reduced remains, including a 60 day then 30 day notice process before a facility may dispose of remains, capping disposal costs charged to the authorizing agent at $100 (Code Section 43-18-80).
• Revises reciprocity rules so out of state funeral directors or embalmers can more clearly qualify for a Georgia license based on equivalent requirements or three years of active practice elsewhere (Code Section 43-18-42).

Licensed and prospective funeral directors and embalmers in Georgia, funeral establishments, organic human reduction facilities and crematories, the State Board of Funeral Service, apprentices training in the field, and consumers who arrange funeral, cremation, or organic human reduction services.

People who want to work only as embalmers or only as funeral directors could pursue a shorter, more specific licensing path instead of qualifying for both, potentially easing entry into the field, while funeral homes would still need someone dually licensed running day to day operations, and consumers would gain new price disclosure and remains disposal protections.

• Section 1 rewrites definitions in Code Section 43-18-1, including new terms for organic human reduction, organic human reduction facilities, and organically reduced remains.
• Section 4 expands the State Board of Funeral Service to seven members, separates seats for dual license holders and embalmer only members, and sets four year terms with a two term limit (Code Section 43-18-21).
• Section 7 creates separate qualification, examination, and 3,120 hour apprenticeship tracks for embalmer applicants and funeral director applicants, removing the prior requirement that funeral director applicants already hold an embalmer's license (Code Section 43-18-41).
• Section 8 revises reciprocity standards allowing out of state licensees to qualify in Georgia based on equivalent requirements or three years of active practice (Code Section 43-18-42).
• Section 12 adds a new recordkeeping requirement in Code Section 43-18-70 requiring funeral establishments to maintain price lists and 12 months of transaction records for board inspection.
• Section 13 requires that the funeral director in full and continuous charge of a funeral establishment be licensed as both a funeral director and an embalmer, and makes the establishment and that director responsible for all funeral services provided (Code Section 43-18-71).
• Section 14 updates the process for disposing of unclaimed cremated or organically reduced remains, including notice deadlines and a $100.00 cap on disposal costs charged to the authorizing agent (Code Section 43-18-80).

1. 2026-03-12House Passed/Adopted By Substitute (House)
2. 2026-03-12House Third Readers (House)
3. 2026-03-10House Postponed (House)
4. 2026-02-24House Committee Favorably Reported By Substitute (House)
5. 2026-02-09House Second Readers (House)
6. 2026-02-06House First Readers (House)
7. 2026-02-05Senate Passed/Adopted By Substitute (Senate)
8. 2026-02-05Senate Third Read (Senate)

• Larry Walker (R, SD-020)Primary sponsor
• Randy Robertson (R, SD-029)
• Marty Harbin (R, SD-016)
• Derek Mallow (D, SD-002)
• Ricky Williams (R, SD-025)
• Alan Powell (R, HD-033)

1. PassedSenate voteFebruary 5, 2026

   50 yea, 0 nay (0 not voting, 4 absent)

   Passage By Substitute: Senate Vote #519

2. PassedHouse voteMarch 12, 2026

   148 yea, 6 nay (7 not voting, 15 absent)

   Passage: House Vote #701

• funeral director licensing
• embalmer licensing
• funeral homes
• cremation and organic human reduction
• occupational licensing boards