Findings, declarations related to the Mortuary Science Act

1. The Legislature finds and declares that: a. The statutory framework for the licensure in funeral services dates back to the "Mortuary Science Act," P.L.1952, c.340 (C.45:7-32 et seq.), in an era when New Jersey was very different from the culturally and religiously diverse State that exists today, when consumers had far less choice in all aspects of daily life, including funerals. b. While prior to the enactment of the "Mortuary Science Act," individuals had options to be licensed as funeral directors, embalmers, or both, the law enacted in 1952 established a unified licensing system, under which licensed funeral service professionals, defined as practitioners of mortuary science, were to be proficient in both funeral arts and funeral science. c. While the current licensing system serves the State's traditional but declining demographic well, for religious, cultural, environmental, and philosophical reasons, an increasing number of funerals center around disposition without embalming. d. The existing licensing system, requiring proficiency in embalming for licensure as a practitioner of mortuary science, may be one of several reasons that discourage entry into funeral service by persons who are reluctant to practice embalming, but would be eager to serve their communities. e. The current multiple tests and examinations required for licensure are also discouraging entry into the field by requiring an applicant to successfully complete studies and test out of an approved program, then to be reassessed on a standardized nationally recognized exam in funeral arts and sciences, then to successfully pass another examination specific to New Jersey jurisprudence, and finally to demonstrate embalming proficiency on human remains. f. During the last several years, particularly since the COVID 19 pandemic, there has been a shortage of mortuary practitioners in New Jersey, a problem which, in part, could be remedied by removing outmoded barriers to entering the profession. g. Therefore, it is in the public interest to revise the existing system of licensure to accommodate religious, cultural, environmental, and philosophical beliefs more readily as well as to promote consumer choice by providing for a delineation of the all-encompassing licensure of practitioners of mortuary science into "Practitioner of Mortuary and Embalming Science" and "Practitioner of Mortuary Science."