Senate · Engrossed · 2025-2026 Regular Session
SB 239: Funeral Directors and Establishments; funeral directors be licensed embalmers; remove the requirement
Last action March 12, 2026 · House Passed/Adopted By Substitute
A Georgia Senate bill, as substituted by the House, would let people become licensed funeral directors without also being licensed embalmers, while restructuring the state board that oversees funeral homes, embalmers, and crematories.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law, a funeral director must also hold an embalmer's license, even though the two jobs involve different skills: funeral directing covers arranging services and dealing with families, while embalming covers preparing bodies. This bill splits the two licenses apart. Applicants can now qualify for either license on its own, with separate education tracks, separate licensing exams, and separate 3,120-hour apprenticeships, though people can pursue both at once or add the other license later with reduced apprenticeship hours. The bill also restructures the State Board of Funeral Service to have seven members instead of six (three funeral directors, three embalmers, and one consumer-interest member), caps board terms at four years with a two-term limit, and gives the board subpoena power to investigate unlicensed practice. It removes the previous $100 cap on costs charged to families for handling unclaimed cremated or organically reduced remains, and requires funeral establishments to keep price lists and service records available for the board to inspect. A person acting as the licensed funeral director in charge of a funeral home must still hold both licenses.
What the bill does
- Removes the current requirement that anyone licensed as a funeral director must also be a licensed embalmer, creating two separate license paths.
- Sets distinct education, examination, and apprenticeship requirements for funeral director applicants and embalmer applicants, while allowing combined apprenticeships.
- Expands the State Board of Funeral Service from six to seven members, sets four-year terms with a two-term limit, and adds subpoena power to investigate unlicensed practice.
- Requires the specific funeral director placed in full and continuous charge of a funeral establishment to hold both a funeral director and an embalmer license.
- Removes the $100 cap on costs a family can be charged for the disposition of unclaimed cremated or organically reduced remains.
- Requires funeral establishments to keep a general price list and 12 months of service invoices and contracts available for the board to inspect.
Who it affects
The bill affects people seeking careers as funeral directors or embalmers in Georgia, current license holders needing renewal or reciprocity from other states, funeral homes and crematories and their owners, the seven-member State Board of Funeral Service, and families arranging funerals or handling unclaimed cremated remains.
Why it matters
Splitting the licenses could open the funeral director career to people who do not want to train in embalming, potentially easing staffing at funeral homes, while still requiring the person running a funeral home day to day to hold both credentials. Families could face uncapped fees for handling unclaimed remains and funeral homes face new recordkeeping duties.
Key provisions
- Section 1 rewrites definitions in O.C.G.A. § 43-18-1, including narrowing who counts as an 'embalmer' or 'funeral director' and broadening the definition of 'funeral merchandise'.
- Section 2 (O.C.G.A. § 43-18-3) makes it illegal to use the titles 'funeral director,' 'embalmer,' 'undertaker,' or 'mortician' without the matching license, and applies existing civil penalties to violators.
- Section 3 (O.C.G.A. § 43-18-4) lets a plaintiff who wins an injunction against unlicensed funeral practice recover their costs and attorney's fees.
- Section 4 (O.C.G.A. § 43-18-21) expands the board to seven members split evenly between funeral directors and embalmers plus one consumer member, and limits members to four-year terms with a two-term cap.
- Section 7 (O.C.G.A. § 43-18-41) creates separate education, exam, and 3,120-hour apprenticeship tracks for embalmer and funeral director applicants, while letting applicants combine both.
- Section 13 (O.C.G.A. § 43-18-71) requires the funeral director in full and continuous charge of a funeral establishment to hold both licenses and makes the establishment responsible for all funeral services it provides.
- Section 14 (O.C.G.A. § 43-18-80) removes the prior $100 cap on the cost charged to a family for entombing, interring, scattering, or storing unclaimed cremated or organically reduced remains.
From the bill
“It shall be unlawful for any person to use in connection with such person's name or with a picture of such person: (1) The words 'funeral director' or 'licensed funeral director' without being a licensed funeral director under the terms of this article”
“If serving as a funeral director in full and continuous charge of a funeral establishment, be licensed as both a funeral director and an embalmer.”
Discussed in meetings (15)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Regulated Industries and Utilities Committee, January 27, 2026
From 0:46:31 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would allow funeral directors to be licensed without also becoming embalmers, while retaining both licenses for the person in full and continuous charge of a funeral home. The sponsor said the change would reflect growing cremation use and help licensed funeral directors, including military spouses, move to Georgia from other states. Asked about cremation training and ashes, the sponsor said crematory operators need training but not either license, and families may choose what to do with returned ashes. A witness representing a large death-care provider supported the bill, citing Cremation Association of North America data that about 55% of Georgia families selected cremation in 2024. That witness also cited religious objections to embalming and said 26 states did not require both licenses. A witness for A.S. Turner & Sons said apprenticeships and mortuary schooling would remain, with counseling or business coursework replacing embalming courses for funeral directors. That witness said separate paths would help recruit family-service staff. Asked about association support, the sponsor reported no opposition from the Georgia Funeral Practitioners Association, but no formal association endorsement was presented. The committee unanimously updated a 2025 date to 2026 and unanimously recommended passage as amended.
Senate Rules Committee, January 29, 2026
From 0:04:22 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said SB 239 would separate funeral director and embalmer licensing so that funeral directors would no longer have to be licensed embalmers. The presenter said 26 other states already use this arrangement and that the change would help licensed funeral directors moving to Georgia obtain a license through recognition of their out-of-state credentials. No questions were asked. The vice chair later selected the bill for Monday’s floor calendar, and the committee unanimously approved it together with two other measures.
Senate floor session, February 2, 2026 (legislative day 10)
From 1:54:23 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The clerk read SB 239 and a committee substitute described as removing the requirement that funeral directors also be licensed embalmers. An amendment was offered to change the substitute's introductory description to address responsibility for funeral services at funeral establishments, organic human reduction facilities and crematories, and provisions concerning cremated remains. The amendment's full substantive changes were not explained. A senator moved to return the bill to the Rules Committee and declined to speak further on the motion. The Senate agreed without objection, with no vote on passage or adoption of the amendment.
Senate Rules Committee, February 3, 2026
From 0:09:13 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill had passed a few days earlier but needed a correction to account for human-composting legislation passed last session. The sponsor explained that the substitute adds human composting as a method of disposition. The chair said a floor amendment to make the correction would have been long enough to send the bill back to committee anyway, so addressing it now would save floor time. The underlying bill's broader provisions were not explained. No public testimony was offered, and the committee unanimously approved the substitute.
Senate Rules Committee, February 4, 2026
From 0:14:40 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor described SB 239 as splitting a license, using an analogy about allowing a family practitioner rather than requiring a surgeon. The chair said the bill had previously reached the floor but was pulled back for an amendment the day before. The amendment's contents were not explained. Later, a committee member requested the bill for the floor calendar, and the committee unanimously approved sending it to the floor along with two other bills.
Senate floor session, February 5, 2026 (legislative day 13)
From 1:59:16 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The floor presenter said SB 239 would separate funeral director and embalmer licenses without reducing either license's requirements. The presenter said Georgia's combined requirement prevented funeral directors licensed elsewhere from working in Georgia unless they were also embalmers. The presenter said all neighboring states and 26 states overall had separate licenses, and argued that increasing cremation made the combined requirement outdated. One senator expressed support while asking lighthearted questions about references to dead human bodies and training requirements. The presenter said the training concerned what to do with the bodies. The Rules Committee substitute was read as removing the embalmer requirement and adding definitions. The Senate adopted it without objection and passed the bill by substitute, 50-0.
House Rules Committee, February 25, 2026
From 1:20:25 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 239 would separate funeral director and embalmer licenses so a funeral director would no longer have to qualify as an embalmer. The sponsor said neighboring states already have separate licenses and described the existing requirement as an employment barrier for people moving to Georgia, including military families. No questions or scheduling decision followed.
House Rules Committee, March 9, 2026
From 0:27:32 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2375
Summary by Georgia Commons: The committee placed SB 239 on the next day's floor calendar under modified structured rules after a motion and second, with no voiced opposition. There was no discussion of the bill's substance.
House floor session, March 10, 2026 (legislative day 30)
From 2:22:37 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Postponed)
Summary by Georgia Commons: The chair announced that the bill on the calendar would be postponed until the next legislative day, Thursday. No presentation, debate or passage vote occurred.
House floor session, March 12, 2026 (legislative day 31)
From 1:36:12 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2596
Summary by Georgia Commons: The presenter said SB 239 would separate funeral director and embalmer licenses, which were currently combined. The presenter explained that some people want to direct funerals without embalming, while others prefer embalming work. The presenter also said the bill would add one board member and provide representation for funeral directors, embalmers and someone holding both licenses. No questions were asked. The House adopted the committee substitute without objection and passed the bill, 148 to 6.
- Read aloud: Senate floor session, January 28, 2026 (legislative day 8), 0:28:51
- Read aloud: Senate floor session, February 4, 2026 (legislative day 12), 0:26:39
- Read aloud: House floor session, February 6, 2026 (legislative day 14), 0:48:44
- Read aloud: House floor session, February 9, 2026 (legislative day 15), 0:37:50
- Read aloud: House floor session, February 24, 2026 (legislative day 23), 0:54:53
Status timeline
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Postponed (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
Show full history (19 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Recommitted (Senate)
- Senate Third Read (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Recommitted (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Larry Walker, III (R, SD-20)
- Randy Robertson (R, SD-29)
- Marty Harbin (R, SD-16)
- Derek Mallow (D, SD-2)
- Rick Williams (R, SD-25)
- Alan Powell (R, HD-33)
Votes
- Senate voteFebruary 5, 2026
50 yea, 0 nay (0 not voting, 4 excused)
- House voteMarch 12, 2026
148 yea, 6 nay (7 not voting, 15 excused)
Topics
- funeral director licensing
- embalmer licensing
- funeral establishment regulation
- cremation and remains disposal
- State Board of Funeral Service