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Man can give funeral advice without license PDF Print E-mail
Written by DeadGirl   
Saturday, 17 June 2006
KELLY WIESE
Associated Press
JEFFERSON CITY, Mo. - A man who sells caskets and gives advice on how people can save money on funerals can continue to do so but cannot handle funeral services, under an agreement reached in a Dallas County court.

The state Board of Embalmers and Funeral Directors sued Larry Gegner, of Buffalo, last year alleging he was performing funeral services without a license. The board is dominated by licensed funeral directors and embalmers. Gegner claimed the activities the board was trying to prevent aren't covered by the state law on funeral practices.

A consent judgment was approved in Dallas County Circuit Court in May.

The ruling bars Gegner from handling funerals without a license - an activity he claims he never wanted to do anyway. It also specifically allows him to sell caskets and to advise others on cheaper ways to conduct funerals - without relying on a funeral director. The judgment said those activities aren't barred by the funeral licensing law.

The Institute for Justice, which helped represent Gegner, publicized the ruling Wednesday and called it a victory for consumers by helping keep funeral costs down.

"It's an example of regulatory capture where the boards are controlled by licensed funeral directors in the business and in the industry," said Valerie Bayham, an attorney with the Arlington, Va.-based libertarian advocacy group who worked on the case. "They have an interest in making sure their pockets continue to be protected."

The state board is working to change state regulations, Bayham said, to explicitly allow people to sell caskets without a funeral license and to make clear that individuals can conduct private burials for family members without funeral directors.

The board's executive director was not in the office Wednesday and did not return a call seeking comment. A spokeswoman for the agency that oversees professional boards had no further information.

Bayham said Gegner was just being a consumer advocate, providing free advice on private burials. He discusses issues such as whether to buy a casket from the funeral director or from a retail outlet, to embalm or use dry ice, and how to deal directly with a local cemetery to arrange a burial.

"I want the people of Missouri to know that they don't have to be intimidated by licensed funeral directors," Gegner said in a written statement.

ON THE NET

Case is State Board of Embalmers & Funeral Directors v. Gegner, #05DA-CC00024.


 
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Taphophilia?

taphophilia (taf′ō-fil′ē-ă)

ORIGIN:
From the Greek words taphos, meaning "tomb" or "sepulcher" and philia, meaning "attraction or affinity to something, in particular the love or obsession with something"

DEFINITION: 1. An excessive interest in graves and cemeteries. 2. A love or fondness for funerals, graves, and cemeteries. 3. In psychiatry, a morbid attraction to graves and cemeteries

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