National Home Funeral Alliance Legislative Committee Conference Call
Sunday March 29, 2015
(Committee members on the call: Peg Lorenz, Sarah Crews, Lucy Basler, Jerrigrace Lyons, Sandy
Booth)
35 Members attended representing about 22 states and Canada.
Intro. Peg Lorenz introduced the topic, Electronic Death Registration in the various states. The
bottom line is that state policies must comply with the law. The law says that families can care for their
loved ones after death. Policies cannot be put in place that make that illegal. Those agencies could be
subject to lawsuits if they don’t rectify their language. She described the situation in Massachusetts. It
began with her impromptu meeting with a funeral director, who said that electronic death registration
(EDRS) was coming to Mass. Through Peg's state senator she found a contact person in the state health
dept/vital records whom she could work with about the state EDRS website. The problem was that the
website said nothing about families registering a death. It took about a year of very collaborative
emails back and forth to establish wording that was clear about the process for families to work with
the town clerk, filing a death record.
Peg said she thought it was effective to cc. others on all of these emails, including the Mass. FCA
representative, local funeral guides, a prominent minister, state senator/representative, etc. Show these
government agencies that many others in the community are watching. Peg encouraged anyone who
pursues this issue in his or her individual state to firmly insist on family rights. She said that there is
information at the NHFA website, under “Legislation” that will show how each state ranks with respect
to EDRS. She mentioned that there still is a problem with awkward language at the Mass. EDRS
website but that families’ rights are at least prominently recognized and addressed.
Question: Freddie from Florida asked if families work with the town clerk in Mass. Peg answered
“yes” to this. Of course, it's different in every state.
Sarah Crews: In Kansas records are filed through the health dept. in the capitol, Topeka. KS has had
an EDRS running for several years. Funeral directors have access to the system. Sarah spoke with
someone at the state health dept. and got to talking about how home births are registered, and deaths.
Health dept. person said families can fill out a worksheet with Sarah. Sarah said this wouldn't work for
all home funeral families; the system isn't accessible to them. Funeral homes have the worksheets that
could be used, but others like hospitals don't have the worksheet. Sarah said she needs to continue the
conversation, and will do this.
Peg: suggested a strategy for Sarah – emails to state health dept. person could include links to the good
Vermont and New Hampshire language. Let them know that other states have done this.
Lucy Basler: Wisconsin has had EDRS for several years. You go to the County/Vital Statistics in
Madison, the capitol. A woman there has been helpful. She described how to file, but it didn't work.
There isn't a way to find information on the website yet, under “Family Burial of Remains” - wording
is confusing at present and Lucy will pursue this.
Minnesota is a breeze. In 2011 a booklet called “Choices” was put together by the MN Dept of Health,
Mortuary Science Section. See the NHFA website for the direct link.
Jim Bates (Texas): He and Sandy Booth attended a meeting in February with Bureau of Vital Statistics
about a new EDRS system being worked on, (to replace an old one that is more than ten years old). It
will allow a “green burial” process, i.e a process for home funeral families. NHFA and FCA are now
established as 'stakeholders' in this, and will be kept informed as the system is developed. Roll out date
is 2018.
Peg: no matter at what level you are coming into with respect to EDRS in your state, you can make
changes.
Jerrigrace Lyons (CA): The CA Dept. of Consumer Affairs, Cemetery and Funeral Bureau put out a
“Consumer Guide to Funeral and Cemetery Purchases” put out a brochure that describes home death
care on p.7 They made the wording clear. Filing the death certificate has to go through Dept. of Public
Health. They are helpful in Sonoma Co., but not all of the offices of vital records in the state have been
helpful, some are even uncooperative.
Peg: Her comment about only having phone numbers to call officials directly. There are obvious
problems with this. What happens if the person you reach doesn’t have the correct information? What if
they bring their own, personal prejudices and misconceptions to the call? What if there is turnover and
where one worker knows the information the next one may not?
Bodhi Be: in Hawaii anyone has the right to file a death certificate, but body has to be buried within 30
hours, have to connect with funeral director for refrigeration. Bodhi is now a licensed funeral director.
Problem with body burial (at sea?). Hadn't been done for 50 years, so personnel had to be trained.
Biggest problems for families relate to the 30 hour rule.
Sarah Crews: Do cooling techniques now used extend the 30 hour limitation?
Bodhi: In Hawaii need state certified refrigeration.
Peg: In every other part of the country Techni ice gel packs are being used. They were invented to act
as refrigerants and, in my direct experience, they have adequately cooled a body for up to five days. I
believe that a case can be made that these gel packs, when used properly, qualify as a complete
refrigerant and therefore would extend any 30 hour rule.
Bodhi: In Hawaii EDRS access only with showing proper refrigeration.
Pashta: EDRS in British Columbia is in place, but can also file with a paper process. Question about
how EDRS can be managed with death occurring on a weekend. A rural home funeral guide had a
problem with the authorities, after operating for a long time, was said to be “breaking the law”.
Question about access to EDRS for private individuals.
Peg: Families don’t have direct access to EDRS . The information must be filed by an official at some
point, a primary care doctor, medical examiner, town clerk or other official. A funeral director who the
family is required to pay should not be necessary. Death on a weekend is always a problem. Peg has
usually waited with a family until Monday.
Lucy: advice from an official in WI - if death is anticipated, go on Friday to get the transit permit, and
then continue with the rest on Monday.
Jerrigrace; coroner put out a message – in case of emergency, on the weekend, exception was made
for Jewish family. Go to coroner to get special emergency permit for burial. Will issue other form after
death occurs.
Pashta: death in residential care – how to get permit to transport back home? Can't get permit over the
weekend to transport.
Lucy: special from to remove the body in Wisconsin
Jerrigrace: don't need to have form filed before moving
Joyce Mitchell (Utah): can contact state registrar to file early - $300.
Dave Robles (Idaho): home funerals in state since 2002. Since they are close to Utah they have used a
funeral home in Utah if death happens in that state – Funeral home prepares the forms. In Idaho there is
a paper system – transport permit and Death Certificate – can fill out form ahead.
Dave has worked with Joyce, they have worked with state officials when EDRs was being developed in
Utah.
Idaho – problem that they didn't want to add language about families because they didn't have the
money to enlarge the website.
Peg: if this information isn't accessible to individuals on state websites, then families are denied their
rights to care for their loved ones after death. Peg mentioned nolo.com, law for all. Try entering terms
“Nolo death certificate and your state” to see what comes up. Some states have great information,
others not so good. You can contact Nolo if you see incomplete or wrong information.
Proposal: check NHFA legislation page online, see if your state is listed and where it is in ranking.
Challenge: help move your state from one level to one higher. We are encouraging everyone in each
state to pursue this. Families need our help. It’s a social justice issue. Everyone deserves a choice and
everyone needs accurate, accessible information to make that choice.
Tom Long(CA): on CA website for EDRS you can find “EDRS modification request”. Try making a
request. Peg says that she can only find that “modification request” in CA.
Bodhi Be: many families want help from a funeral home, not everyone wants to do it all themselves.
Peg acknowledges this is sometimes the case. She is grateful that funeral homes are there for those
families that need them.
Olivia (CA): Thank you for doing this. Others seconded her.
Peg: we feel your support. Give us feedback, and suggestions for future topics. Stay in touch.
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