WeVote
Log In

Bill

Bill

LB 418

Allow a nonlicensed funeral director and embalmer to officiate at a funeral ceremony

109th Legislature (2025-2026) Introduced by Dan Lonowski

Permits nonlicensed funeral directors/embalmers to officiate funerals, preserves disciplinary framework, and aligns with Burial Pre-Need Sale Act.

Lonowski MO25 prevailed
0
WeVote Research Nonpartisan
Bill Summary · LB 418

Summary of Nebraska LB 418 (2025)

Overview

Nebraska Legislative Bill 418, introduced January 17, 2025, seeks to amend the Funeral Directing and Embalming Practice Act. The bill’s primary purpose is to allow a nonlicensed funeral director and embalmer to officiate at a funeral ceremony, while repealing the current version of the relevant statute and updating disciplinary rules accordingly. The bill was introduced in the 109th Legislature (First Session) and advanced under the committee on Health and Human Services. The status indicates that Lonowski’s motion MO25 prevailed, suggesting a procedural disposition favorable to the bill’s progression.

What the bill would change (Key provisions)

  • Main change in Section 1 (amendment to § 38-1424):

    • The act would explicitly allow a nonlicensed funeral director and embalmer to officiate at a funeral ceremony. This is a notable expansion of who may conduct the ceremony, beyond licensed professionals.
    • The bill continues to regulate misconduct and disciplinary actions through existing and revised grounds for credential denial, suspension, or other discipline, as detailed in the amended section.
    • The broad disciplinary framework remains in place for violations such as solicitation of bodies, improper compensation practices, indecent language around the deceased, improper handling of caskets, improper handling or transportation of bodies, fraud or misrepresentation, and willful malpractice. These provisions are maintained and clarified under the amended statute.

  • Disciplinary provisions (existing grounds carried forward/clarified):

    • Grounds for disciplinary actions include unethical solicitation, improper compensation schemes, inappropriate conduct around the deceased or families, mishandling of bodies or caskets, violations of related laws or regulations, and improper business practices.
    • Penalties include potential denial or suspension of credentials, and Class II misdemeanor status for specified prohibited acts.

  • Practical exception (section 4 reference):

    • The bill includes an explicit acknowledgment that licensed funeral directors and embalmers may continue activities such as funeral goods/services sales under the Burial Pre-Need Sale Act, and that a nonlicensed funeral director/embalmer can officiate at a funeral ceremony. This clarifies that allowing nonlicensed individuals to officiate does not prohibit licensed professionals from engaging in related activities.

  • Repeal and reenactment:

    • The original § 38-1424 is repealed and replaced with the amended version, effectively rewriting the statute to implement the new officiant provision and updated disciplinary language.

Who and what is affected

  • Primary beneficiaries/affected parties:
    • Families and funeral service providers may have more flexibility in who can officiate at funeral ceremonies.
    • Nonlicensed individuals who meet certain criteria may be authorized to officiate, expanding the pool of potential officiants.
    • Licensed funeral directors and embalmers remain subject to existing professional disciplinary standards and penalties.

Procedural and timeline aspects

  • Introduced: January 17, 2025
  • Committee: Health and Human Services
  • Status indicator: Lonowski MO25 prevailed (procedural status suggesting movement forward of the measure)
  • Next steps (typical for similar bills): Committee review, potential amendments, floor debate by the Legislature, and final vote. If advanced, the bill would proceed through the legislative process toward enactment or defeat.

Potential impacts to monitor

  • Increase in staffing options for funeral ceremonies due to nonlicensed officiants.
  • Needs for standards or qualifications for nonlicensed officiants (not explicitly detailed in the text provided) to ensure professional appropriateness.
  • Interaction with existing licensing, disciplinary, and pre-need sale frameworks.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.