DEPARTMENT OF STATE
Division of Professional Regulation
Board of Funeral Services
GENERAL NOTICE
NOTICE
3100 Board of Funeral Services
Pursuant to 24 Del.C. §3105(a)(1), the Delaware Board of Funeral Services (“Board”) has proposed revisions to its Rules and Regulations. This proposed amendment is required by 84 Del. Laws, c. 261 §§15-16 (requiring the Board to promulgate regulation concerning the practice of human natural organic reduction). See also, 24 Del.C. §3105(a)(17).
The Delaware General Assembly passed, and on May 16, 2024 Governor John Carney signed, 84 Del. Laws, c. 261 (formerly House substitute no. 1 for House bill no. 162 as amended by House amendment no. 5). That action requires the Board to promulgate regulations, within 1 year of May 16, 2024. This law requires the Board to define those practices that are necessary to establish the practice of the natural organic reduction of human remains and the operation of facilities offering the service of the natural organic reduction of human remains and to coordinate with other relevant State agencies and instrumentalities to reach a conclusion. Amendments proposed to Sections 4.0, 13.0, and 14.0 respond to the requirement established by law to do so.
Other amendments, in Sections 13.0 and 14.0, are intended to clarify and improve the Board’s inspection program of funeral establishments. That program was created pursuant to 24 Del.C. §3105(a)(15).
Further amendments in Section 4.0 define and clarify the Board’s requirements for funeral establishments and branch funeral establishments, each of which are permitted pursuant to 24 Del.C. §3117. These proposed amendments include requirements for obtaining permits for funeral establishments and branch funeral establishments. The proposed amendments also provide the way permitted establishments shall be required to identify their facilities to the Board. The proposed amendments also set forth the required disclosures to be made to the Board concerning the facilities available at permitted establishments and branch establishments as well as the requirements for decommissioning previously available facilities.
Amendments to Section 7.0 propose to delete outdated provisions that are no longer relevant to the Board or its licensees and permit holders.
The other proposed amendments reflect technical and style changes consistent with the Delaware Administrative Code Drafting and Style Manual.
These proposed amendments were published on page 660 of the March 1, 2025 issue of the Delaware Register of Regulations (28 DE Reg. 660 (3/1/25)). The Board planned to hold a hearing on March 25, 2025, but the hearing was cancelled due to an error in the required newspaper publication. As a result, the Board will now hold a public hearing on the proposed regulation changes on April 24, 2025, at 10:00 a.m. in the second-floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Funeral Services, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address or to Pamela.Zickafoose@delaware.gov.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be May 9, 2025. The Board will deliberate on all public comments at its next meeting thereafter, currently scheduled for May 27, 2025.
