****If you choose to have a home funeral it is very important that you educate yourself regarding the law and follow all rules and regulations set forth by the state of Arkansas. By not following the law, you may create additional stress during an already stressful time and/or alienate the funeral industry from working with families wishing to have family - directed home funerals. ***
IS A HOME FUNERAL LEGAL?
Home funerals are legal in the state of Arkansas. You are not required to hire the services of a funeral director provided all permits and other health regulations are in compliance. Responsibilities may include obtaining and filing the death certificate, preparation of the body for viewing, transportation of the body, and final disposition of the body. There are two sections of law/regulations that allow family to care for their own dead:
1. Ark. Code § 20-18-601(b) (2011) "The funeral director or the person acting as the funeral director who first assumes custody of the dead body shall: (1) File the death certificate and fact of death record; (2) Obtain the personal data from the next of kin or the best qualified person or source available; (3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and (4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier."
2. Rule II promulgated by the Arkansas Funeral Board and Embalmers: Licensee in charge of funeral directing and embalming
"Every funeral conducted within the State of Arkansas must be under the personal supervision, direction, and charge of a funeral director who holds a valid license from this Board. To conduct a funeral shall require the direct personal supervision of a licensed funeral director until final disposition is completed. "
Rule II mandate gives the Funeral Board authority only to those individuals in funeral –related business. This rule, which would limit the activities of private citizens, is outside the Board's authority. As stated previously, a person in Arkansas may care for their own death provided all permits and other health regulations are in compliance. (Carlson, L. 1998)
1. Ark. Code § 20-18-601(b) (2011) "The funeral director or the person acting as the funeral director who first assumes custody of the dead body shall: (1) File the death certificate and fact of death record; (2) Obtain the personal data from the next of kin or the best qualified person or source available; (3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and (4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier."
2. Rule II promulgated by the Arkansas Funeral Board and Embalmers: Licensee in charge of funeral directing and embalming
"Every funeral conducted within the State of Arkansas must be under the personal supervision, direction, and charge of a funeral director who holds a valid license from this Board. To conduct a funeral shall require the direct personal supervision of a licensed funeral director until final disposition is completed. "
Rule II mandate gives the Funeral Board authority only to those individuals in funeral –related business. This rule, which would limit the activities of private citizens, is outside the Board's authority. As stated previously, a person in Arkansas may care for their own death provided all permits and other health regulations are in compliance. (Carlson, L. 1998)
HOW DO I OBTAIN A DEATH CERTIFICATE?
A doctor, local medical examiner /coroner, or hospice nurse will sign the death certificate within 24 hours of death stating the cause of death. If you do not hire a funeral director, you will be responsible for completing the additional fields of the death certificate and filing with the local registrar within ten days and before the body is buried or cremated (Ark. Code § 20-18-601(b) (2011)(Carlson, L. 1998).
A separate fetal death certificate is required for a death that occurs after 20 weeks of gestation or when the weight is 350 grams or more. The certificate may be prepared by the physician or other person in attendance, the father , or the mother. If the pregnancy has reached 28 completed weeks, the cause of death must be certified by a physician. The fetal death certificate must be filed within five days. (Carlson, L. 1998). See Arkansas Department of Health decision tree and Arkansas Code ACA
Arkansas has begun to implement an Electronic Death Registration system. Private individuals will not have access to the system.
A separate fetal death certificate is required for a death that occurs after 20 weeks of gestation or when the weight is 350 grams or more. The certificate may be prepared by the physician or other person in attendance, the father , or the mother. If the pregnancy has reached 28 completed weeks, the cause of death must be certified by a physician. The fetal death certificate must be filed within five days. (Carlson, L. 1998). See Arkansas Department of Health decision tree and Arkansas Code ACA
Arkansas has begun to implement an Electronic Death Registration system. Private individuals will not have access to the system.
IS EMBALMING REQUIRED?
Embalming is not required in most cases. A body must be either embalmed or refrigerated if the body is not going to be buried within 24 hours, or cremated within 48 hours. See Regulation 8.1 Preservation of Dead Bodies, scroll to page 15. A body placed in refrigeration or on dry ice can preserve the body for 72 hours. Examples of instances where embalming might be required: transfer to another state (crossing borders); the person died of a communicable disease; legality regarding ownership of the body.
DO I NEED A PERMIT TO TRANSPORT THE BODY?
A body may be moved with the permission of a physician, medical examiner or county coroner. A burial - transit permit is only required for a body if it is cremated or if it is transported out of the State. The burial-transit permit is issued by the State Registrar and/or designated representative of the district where the death occurred. Unclear if this is a funeral director at no charge. See Regulation 7.1 Burial Transit Permit , Scroll to page 13. Utilizing a simple covered box provides some dignity for all persons involved in handling and moving of the body. Inexpensive cardboard caskets are available for purchase from funeral homes and the internet. Please see the Resources section for additional information.
What do I do if a death occurs in the hospital?
If death is imminent, it is best to notify the hospital of your plans to have the body released directly to the family. Most hospitals are going to be hesitant to release the body to family and are going to insist on making arrangements with a funeral director for removal of the body. A call to your lawyer to notify the hospital of the law may be required. A.C.A. § 20-18-604 (2011) . You will need to be sure to obtain the signed death certificate from the attending physician prior to leaving the hospital.
What do I do if a death occurs at home when patient is under hospice care?
Probably the most" ideal" situation is when a death occurs at home when a patient has been at home on hospice. Hospice at home can make the death transition easier on both the family and the loved one. The hospice nurse will sign the death certificate at the home.
What do I do if a death occurs at a nursing home ?
What do I do if a death occurs in the hospital?
If death is imminent, it is best to notify the hospital of your plans to have the body released directly to the family. Most hospitals are going to be hesitant to release the body to family and are going to insist on making arrangements with a funeral director for removal of the body. A call to your lawyer to notify the hospital of the law may be required. A.C.A. § 20-18-604 (2011) . You will need to be sure to obtain the signed death certificate from the attending physician prior to leaving the hospital.
What do I do if a death occurs at home when patient is under hospice care?
Probably the most" ideal" situation is when a death occurs at home when a patient has been at home on hospice. Hospice at home can make the death transition easier on both the family and the loved one. The hospice nurse will sign the death certificate at the home.
What do I do if a death occurs at a nursing home ?
DO I NEED A PERMIT FOR CREMATION?
Yes. A Cremation Authorization can be submitted by the person who has the right to control disposition of the body. If the death required investigation by the coroner or medical examiner, the Cremation Authorization must be obtained from that person.
If you are planning ahead for your own cremation, you may complete your own Cremation Authorization Form. This is called the Final Disposition Rights Form.
If you are planning ahead for your own cremation, you may complete your own Cremation Authorization Form. This is called the Final Disposition Rights Form.
WHAT ABOUT ORGAN DONATION?
IS A CASKET REQUIRED FOR BURIAL OR CREMATION?
There is no law requiring a casket for burial (only for transportation). However, most public cemeteries have rules requiring a container. For cremation, an "alternative container" is allowed but when reading the regulation it looks like a shroud would not be allowed. Need to contact crematoriums to clarify Cremation Container Definition See page 1
IS A VAULT REQUIRED FOR BURIAL?
A vault is not required by law. However, many cemeteries require a vault for burial and include the price as part of required burial fees. The main purpose of a burial vault is to protect the ground from caving in and around a casket; basically, a very expensive landscaping tool.
MAY I ATTEND A CREMATION?
No. Arkansas law states a consumer is not allowed to witness cremation. Contact the local crematorium for additional information and advice.
Arkansas does not allow a private individual to have a private contract with a crematorium. This means you have to go through a funeral director. However, if you are in the Northwest Arkansas area, you can join the Funeral Consumer Alliance of Northwest Arkansas (FCANW). Membership includes access to FCANW agreements with four area mortuaries for their one-day immediate burial ($1424 cost in 2008) or two-day direct cremation ($950) services, but members are not required to select these options.
Arkansas does not allow a private individual to have a private contract with a crematorium. This means you have to go through a funeral director. However, if you are in the Northwest Arkansas area, you can join the Funeral Consumer Alliance of Northwest Arkansas (FCANW). Membership includes access to FCANW agreements with four area mortuaries for their one-day immediate burial ($1424 cost in 2008) or two-day direct cremation ($950) services, but members are not required to select these options.
IS A HOME BURIAL LEGAL?
Arkansas requires that bodies be buried in an established cemetery. However, the Arkansas Annotated Code (A.C.A § 5-39-212) states:
(2) As used in this subsection, "cemetery" is not intended to apply to any private family burial plot that:
(A) Contains fewer than six (6) commercial grave markers;
(B) Has not been used for a burial purpose for at least twenty-five (25) years; and
(C) Has not had an access road to the burial plot for at least thirty (30) years."
.
Unclear if must you meet all three requirements?
Family graveyards must be registered with the county clerk before burial. There are no burial requirements regarding distance from a water source or depth. In the book, Caring for the Dead, guidelines suggest 150 feet from a water source and three feet of earth on top. Check local/county ordinance laws before proceeding.**Need to research
(2) As used in this subsection, "cemetery" is not intended to apply to any private family burial plot that:
(A) Contains fewer than six (6) commercial grave markers;
(B) Has not been used for a burial purpose for at least twenty-five (25) years; and
(C) Has not had an access road to the burial plot for at least thirty (30) years."
.
Unclear if must you meet all three requirements?
Family graveyards must be registered with the county clerk before burial. There are no burial requirements regarding distance from a water source or depth. In the book, Caring for the Dead, guidelines suggest 150 feet from a water source and three feet of earth on top. Check local/county ordinance laws before proceeding.**Need to research
IS IT DIFFICULT TO ARRANGE A HOME FUNERAL?
State wide education and outreach activities are needed to inform the general public and funeral directors of the growing home funeral movement. This means you, as the consumer, will need to know your legal rights and the laws and regulations governing after-death care of the body. It means you may be making phone calls to the hospital, the coroner, and your local vital records office to educate them about after-death care rights. You will be calling funeral directors to find out if they are willing to offer 'a la carte' services or reduced basic services fee, also known as 'non-declinable services charges'. You have many resources and how- to guides available online through the National Home Funeral Alliance. I am also available as as a resource in helping to navigate obstacles when planning a home funeral.
REFERENCES
Arkansas Code Annotated. Arkansas State Board of Health. A.C.A. § 20-18-202 (2014) Rules and Regulations for the Administration of Vital Health Records .
Arkansas Code Annotated. Arkansas State Board of Funeral Directors and Embalmers. A.C.A. § 17-29-201 (2015) Chapter 29 for Embalmers and Funeral Directors Law
Arkansas Code Annotated A.C.A. Cemeteries § 5-39-212 Arkansas Code Annotated
Arkansas Rules and Regulations. Arkansas State Board of Funeral Directors and Embalmers Definitions and Rules
Arkansas Code Unannotated. Arkansas State Board of Health (Must scroll down to find Title 20, Subtitle 2, Several applicable sections.
Carlson, L. (1998). Caring for the Dead. Your Final Act of Love A complete guide for those making funeral arrangmens with or without a funeral director. Upper Access, Inc. Hinsburg, VT
Funeral Ethics Organization, Your Funeral Consumer Rights in Arkansas
Irving, Shae, Arkansas Home Funeral Laws. Learn the rules that govern home funerals in Arkansas . NOLO
Irving, Shae, Funeral Arrangements in Arkansas
Arkansas Code Annotated. Arkansas State Board of Funeral Directors and Embalmers. A.C.A. § 17-29-201 (2015) Chapter 29 for Embalmers and Funeral Directors Law
Arkansas Code Annotated A.C.A. Cemeteries § 5-39-212 Arkansas Code Annotated
Arkansas Rules and Regulations. Arkansas State Board of Funeral Directors and Embalmers Definitions and Rules
Arkansas Code Unannotated. Arkansas State Board of Health (Must scroll down to find Title 20, Subtitle 2, Several applicable sections.
Carlson, L. (1998). Caring for the Dead. Your Final Act of Love A complete guide for those making funeral arrangmens with or without a funeral director. Upper Access, Inc. Hinsburg, VT
Funeral Ethics Organization, Your Funeral Consumer Rights in Arkansas
Irving, Shae, Arkansas Home Funeral Laws. Learn the rules that govern home funerals in Arkansas . NOLO
Irving, Shae, Funeral Arrangements in Arkansas
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Legal information is not legal advice. I am not a lawyer. There are still many obstacles facing Arkansas families wishing to care for their own dead. I have done my best to provide the most accurate answers to the most common questions. I will update /modify answers as needed. If you encounter information that you believe to be incorrect, please notify me so I may research the issue. THANK YOU FOR YOUR SUPPORT!
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