Embalming: A Historical Perspective On Its Legal Mandate

Embalming has been practised in various forms for thousands of years, but it was during the American Civil War that embalming became a common practice in the United States. The turning point came when President Abraham Lincoln was embalmed after his assassination in 1865. As his body was taken on a national funeral procession, embalming was necessary to preserve his remains. This was the first time many Americans had seen an embalmed body, and it soon became a popular practice. Following the Civil War, laws were enacted to ensure that only licensed embalmers could offer their services. By 1900, 24 states had enacted statutes regulating licensing, education requirements, and technical preparation.

The American Civil War and embalming

The American Civil War played a significant role in the popularisation of embalming, which was previously a niche practice. During the war, many soldiers died far from home, and their families wanted to bring their bodies back for burial. However, transporting the bodies over long distances by train, especially in the summer heat, posed a challenge for preserving the deceased.

Embalming emerged as a solution to this problem. Dr Thomas Holmes, considered the "father of modern embalming", embalmed the bodies of fallen Union soldiers, charging $100 per body. Abraham Lincoln eventually sanctioned embalming for all fallen soldiers and officers. Holmes is believed to have embalmed several thousand bodies, although the exact figure is disputed.

The first military fatality of the war, Colonel Elmer Ephraim Ellsworth, was embalmed by Holmes and laid in state at the Executive Mansion before being taken to New York City, where he lay in state for several days. Lincoln, who knew Ellsworth personally, was devastated by his death. This incident brought embalming into the spotlight and demonstrated its potential to preserve bodies for viewing and transportation.

The demand for embalming services during the Civil War led to the emergence of entrepreneurial surgeons who offered their embalming expertise for a price. They advertised their services outside their tents, displaying embalmed unknown soldiers standing at attention in caskets. As the death toll rose, embalming fees inflated, particularly for higher-ranking soldiers. This prompted the War Department to issue General Order 39, requiring embalmers to obtain a special license to practice on deceased soldiers and establishing a scale of prices.

The widespread use of embalming during the Civil War played a pivotal role in its acceptance as a standard funeral practice in the United States. It also contributed to the birth of the funeral industry, creating new professional roles such as embalmers, funeral directors, and morticians. However, it is important to note that embalming was still not widely used during the war, with estimates suggesting that only about 40,000 out of the 600,000+ soldiers who died were embalmed.

Abraham Lincoln's embalmed body

Embalming became popular in the US after President Abraham Lincoln's body was embalmed following his assassination in 1865. His body was taken on a two-week funeral procession from Washington, D.C. to Springfield, Illinois, his final resting place.

After his assassination on April 14, 1865, Lincoln's body was embalmed by Dr. Thomas Holmes, considered the "father of modern-day embalming". Lincoln's body was then taken on a 13-day, 1,654-mile funeral procession by train from Washington, D.C. to Springfield, Illinois, his final resting place. The journey included several stops in principal cities and state capitals, where mourners could view his body.

To preserve Lincoln's body for the long trip, it was re-embalmed at every city stop. By the end of the route, his body was essentially mummified. This was the first time that most Americans had seen an embalmed body, and Lincoln's lifelike appearance made a strong impression on those who viewed him.

Lincoln's body was touched up several times during the journey, and there is still debate over whether these touch-ups involved re-embalming or simply re-applying cosmetics. When Lincoln's body was exhumed and examined 36 years later, his features were still totally recognisable.

Lincoln's body was not the first to be embalmed by Dr. Holmes; he had previously embalmed the body of Colonel Elmer Ellsworth, a friend of Lincoln's and the first casualty of the Civil War. Lincoln had requested that Ellsworth's body be laid in state in the East Room of the White House, where it was viewed by Mary Lincoln, the president's wife. The results of this embalming were widely reported in Washington, D.C. newspapers, and demand for Holmes' services grew.

The use of embalming to preserve bodies became more common during the Civil War, as a way to preserve the bodies of soldiers who had died far from home so that they could be returned to their families. However, it was Lincoln's embalmed body that brought the practice into the mainstream and led to the birth of the modern funeral industry.

The birth of the funeral industry

The birth of the modern American funeral industry is generally considered to have taken place in the nineteenth century. During this time, towns grew into cities, which quickly became severely overcrowded. As local cemeteries ran out of burial space, the rural park cemetery emerged. Located far from the city, coffin makers began to offer additional services like carriage rentals and hearse transportation to the gravesite.

These coffin makers, who began to be known as "undertakers", gradually took on more responsibilities related to death care. In addition to selling coffins, they offered mourning wear, burial clothes, flowers, and preparation of the body. They also coordinated the entire funeral service.

The emergence of the undertaker profession was further influenced by the American Civil War, which created a demand for embalming services. Soldiers wanted to avoid being buried on enemy soil, and families wanted the remains of their loved ones returned to them. Embalming, a process of treating a body with chemicals to slow decomposition, became a popular solution.

Dr. Thomas Holmes, known as the "father of modern embalming", embalmed the bodies of fallen Union soldiers and later offered his services to the public. Other surgeons followed suit, advertising their embalming expertise. This led to the creation of new professional roles like embalmers, funeral directors, and morticians.

The death of President Abraham Lincoln in 1865 further contributed to the growing acceptance of embalming. As Lincoln's body was taken on a national funeral procession, embalming was necessary to preserve his remains. For many Americans, this was the first time they had seen an embalmed body, and it left a lasting impression.

The increasing popularity of embalming led to the establishment of regulations and licensing requirements. States began to pass laws governing the practice, with Virginia establishing the first state board of embalming in 1894. The emergence of embalming as a regulated profession solidified the role of funeral professionals and marked the birth of the funeral industry.

State laws regulating embalming

The practice of embalming gained popularity in the United States during the 19th century, particularly during the Civil War. However, it was the death of President Abraham Lincoln in 1865 that made embalming a widely accepted practice for funerals. Following his assassination, Lincoln's body was embalmed and taken on a two-week national funeral procession from Washington, D.C., to his final resting place in Springfield, Illinois. This was the first time many Americans had seen an embalmed body, and it left an impression on the public.

As embalming gained popularity, laws were enacted to ensure that only properly licensed embalmers could offer their services. The first state to pass laws regulating embalming was Virginia in 1894. The state established a board of embalming to protect public health, prevent the spread of contagious diseases, and regulate the practice of embalming. By 1900, 24 states had followed suit, enacting similar statutes that regulated licensing, education requirements, and technical preparation for embalming.

Today, embalming laws vary from state to state. For example, in California, there are specific regulations in place regarding the process of embalming. According to the California Health and Safety Code, embalmers are required to obtain permission from the coroner in certain situations, such as when the cause of death is unknown or when a death is suspected to be related to a crime. Embalmers are also mandated to report contagious cases to local health officers.

The requirement for embalming varies across states. While some states mandate embalming when bodies are being transported or when there is an interval of more than 48 hours between death and burial, other states may have different requirements or none at all. It is important to refer to the specific laws of each state to understand the regulations governing embalming.

The FTC Funeral Rule

Embalming became a common practice in the United States following the death of President Abraham Lincoln in 1865. As his body was taken on a two-week national funeral procession, embalming was necessary to preserve his remains. This was the first time many Americans saw an embalmed body, and it soon became a popular practice.

Itemized Pricing and Disclosure:

Funeral homes are required to provide consumers with an itemized General Price List (GPL) that outlines the prices of all the goods and services they offer. This list must be provided upon request, either in person or over the phone, without requiring any personal information from the consumer. Funeral directors cannot refuse to provide price information over the phone.

Right to Choose:

The Funeral Rule gives consumers the right to choose only the goods and services they want or need. Consumers can buy separate goods, such as caskets, and services, such as embalming or a memorial service, without having to accept a package that may include unwanted items.

Casket and Container Pricing:

Funeral homes must provide a written casket price list before displaying the actual caskets. This allows consumers to be aware of all price options, including lower-priced products that may not be on display. Similarly, if the funeral home sells outer burial containers, consumers have the right to view a separate container price list.

Alternative Containers for Cremation:

Funeral homes that offer cremations must inform consumers that alternative containers, made from materials like unfinished wood or cardboard, are available as an option instead of a casket.

Handling of Caskets or Urns from Third-Party Sellers:

Funeral providers cannot refuse to handle or charge a fee for caskets or urns purchased from a third-party seller. They are required to accept and handle these items without any additional fees or requirements for the consumer to be present during delivery.

No Mandatory Embalming:

The Funeral Rule clarifies that no state law requires routine embalming for every death. While some states have specific requirements for embalming or refrigeration in certain circumstances, most states do not mandate embalming for public viewings. Refrigeration is usually an acceptable alternative, and consumers can choose direct cremation or immediate burial, which do not require any form of preservation.

Written Statement of Selected Goods and Services:

After a consumer has decided on their desired goods and services, the funeral home must provide a written statement listing each item, its price, and the total cost. This statement must be provided immediately after the arrangements are made.

Compliance Monitoring:

The FTC conducts yearly undercover inspections of funeral homes to ensure compliance with the Funeral Rule. As of 2020, the civil penalty for violating the Rule is $43,280 per violation.

Frequently asked questions