Funeral Director License Defense
Representation Before the State Board of Funeral Directors
The State Board of Funeral Directors licenses funeral directors and funeral establishments, registers resident interns, student trainees and supervisors, and regulates the handling of money paid in advance for funeral services. The Board's inspectors, who are themselves experienced funeral directors, inspect establishments and investigate complaints.
Board matters frequently arise from family complaints about services or charges, inspection findings, the handling of pre-need funds and allegations of improper solicitation or referral arrangements. Because pre-need money must be held in trust or escrow, an accounting question may quickly become a question about the license.
Mimm Law, LLC represents funeral directors and establishments at every stage of a Board matter, from the initial inquiry or inspection through final order.
Governing Law
- Board
- State Board of Funeral Directors
- Statute
- Funeral Director Law, 63 P.S. § 479.1 et seq.
- Regulations
- 49 Pa. Code Chapter 13
- Licensees
- Funeral directors and establishments
- Renewal
- Biennial; licenses expire February 1 of even-numbered years
Who the Board Regulates
- Funeral director license
- Funeral establishment license and branch place of practice
- Restricted business corporation and professional corporation licenses
- Resident intern, student trainee and full-time supervisor registrations
Grounds for Discipline
Section 11 of the Funeral Director Law (63 P.S. § 479.11) authorizes the Board to discipline a licensee for, among other things:
- Fraud or deceit in obtaining a license
- Violation of the Commonwealth's health laws
- Conviction of, or a guilty or nolo contendere plea to, a crime involving moral turpitude
- Misleading advertising
- Gross incompetency, negligence or misconduct in practice
- Lending, borrowing or using the license of another
- Improper solicitation of business, including paying commissions or gratuities to obtain it
- Accepting payment for referring families to a crematory, mausoleum or cemetery
- Violation of the Law or the Board's regulations
Sanctions the Board May Impose
The Board may refuse to issue or renew, suspend or revoke a license. A licensee whose license is revoked ordinarily may not reapply for five years. The Law authorizes civil penalties and provides criminal penalties for certain violations.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Pre-Need Funds
Money received for funeral services to be provided in the future must be placed promptly in escrow or trust with a Pennsylvania financial institution and may be withdrawn only for its intended purpose. The Board's regulations govern the funding, reporting and documentation of pre-need contracts.
Inspections and Facilities
Establishments must be approved before opening and must maintain the facilities the Law requires. Board inspectors may enter any establishment to inspect or to investigate a complaint.
Supervision of Interns
Each location requires a full-time supervisor, and a preceptor may supervise resident interns only in the ratio the regulations permit. Continuing education of six hours each biennial period, including child abuse recognition, is also required.
Matters We Handle
- Family complaints concerning services or charges
- Pre-need contracts and trust account handling
- Findings from establishment inspections
- Supervision of staff and trainees
- Continuing education audits
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
A family disputes the charges on a statement. How should I respond?
Assemble the general price list, the itemized statement, any pre-need contract and the authorizations signed by the family. Many complaints concern disclosure rather than the charges themselves, and a clear, documented account is often the most effective response.
What records will the Board want for a pre-need contract?
Ordinarily the contract, the trust or escrow account records, deposit confirmations and any withdrawals. The Board will examine whether funds were deposited promptly and withdrawn only for the purpose for which they were paid.
Can I be disciplined for an arrangement with a cemetery or crematory?
Yes, if the arrangement involves payment or other consideration for referring families. Such arrangements are an express ground for discipline and should be reviewed before they are entered into.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.