Could a Louisiana funeral home refrigerate an unembalmed body for more than thirty hours?

Plain-English summary

A state representative asked whether Louisiana's funeral-home statute conflicted with Sanitary Code rules discussing refrigeration of bodies held longer than thirty hours. In Opinion 03-0065, the Attorney General said there was no conflict. Under La. R.S. 37:848(D)(2), a funeral home could not hold a body longer than thirty hours without embalming, even if the body was refrigerated.

The AG read the Sanitary Code's extended refrigeration rules as applying to Louisiana licensed hospitals, medical schools, the Anatomical Board, and certified coroners. He said those rules did not apply to funeral homes. The letter also quoted statutory exemptions for the Anatomical Board and accredited mortuary schools; its conclusion about funeral homes did not erase those separate provisions.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Funeral home operators

The opinion rejected refrigeration as a substitute for embalming when a funeral home held a body beyond the thirty-hour period under the statute quoted. It distinguished those businesses from the institutions specifically addressed by the Sanitary Code rule.

Families and hospital staff

The AG's answer concerned which custodians the cited rules governed. It did not decide arrangements for a particular death or alter the separate hospital and medical-school exceptions quoted in the letter.

Common questions

Q: Could a funeral home keep an unembalmed body refrigerated past thirty hours? A: The AG said no under the statute he analyzed. Refrigeration alone did not satisfy the funeral-home rule.

Q: Why did the Sanitary Code discuss refrigeration beyond thirty hours? A: The opinion read that language as governing specified institutions such as licensed hospitals, medical schools, the Anatomical Board, and certified coroners, rather than funeral homes.

Background and statutory framework

The opinion quoted La. R.S. 37:848, including subsection (D)(2)'s embalming rule and other provisions on disposition and named institutional exceptions. It then quoted Sanitary Code provisions 26:003-1 and 26:003-2 and explained why they did not change the funeral-home rule. The source's first-page date is OCR-damaged, so the exact issue date is blank.

Citations and references

Authorities in the opinion: La. R.S. 37:848 and La. R.S. 37:848(D)(2); Louisiana Sanitary Code 26:003-1 and 26:003-2.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0065

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL
430 FANNIN ST.
RICHARD P. IEYOUB
ATTORNEY GENERAL ~hr~eporl, ~oui~i~na ROOM 309
TELEPHONE: (318) 227-3790
71101-5537
FAX. (318) 226-7144

MAR 1 ZOO3
OPINION NO. 03-0065
OPINION NO. 03-0065

108 - A STATE BOARD OF
EMBALMING & FUNERAL DIRECTING
The Honorable Daniel T. Flavin
Louisiana State Representative
La. R.S. 37:848

District 36
Funeral homes which offer refrigeration
3221 Ryan Street
services as an alternative to embalming
Lake Charles, LA 70601
may not hold a body, even if it is
refrigerated, for more than thirty hours
Dear Representative Flavin: without embalming.

Your request for an Attorney General’s Opinion has been forwarded to me for research and response.

Specifically, you ask if there is a conflict between Louisiana Revised Statutes 37:848(D)(2), (3) and (5) and regulations 26:003-1 and 26:003-2 from the Louisiana Sanitary Code?

The pertinent parts of La. R. S. 37:848 are reproduced below:

La. R. S. 37:848. Unlawful practice

D. (2) If the body is to be held longer than thirty hours, it shall be embalmed.

(3) If the body is not embalmed, it shall be buried, cremated, or otherwise disposed of within thirty hours after death or as soon as possible after its Release by the proper authorities.

(5) Every dead human body shall be disposed of and prepared through a funeral establishment and under the supervision of a licensed funeral home or embalmer.

(6) Notwithstanding any provision of this Part to the contrary, a licensed hospital or medical school may hold a body for more than thirty hours without having the body embalmed and a licensed hospital, medical school, or the Bureau of Anatomical Services may dispose of any tissues or organs according to accepted procedures.

Page 2

Representative Daniel T. Flavin
OPINION NO. 03-0065
Page - 2 -

E. The provisions of R.S. 37:848(D)(1) through (5) shall not apply to the Anatomical Board (R.S. 17:2271-2280).

F. The provisions of R.S. 37:848(D)(1) through (5) shall not apply to accredited schools of mortuary science or funeral service.

Also reproduced are the pertinent regulations from the Louisiana Sanitary Code which are found in Louisiana Administrative Code, Title 51, Part 26:

26:003-1 Embalming of dead human bodies shall be performed in accordance with LSA-R.S. 37:831-861 relating to embalming.

26:003-2 If the body is to be held longer than thirty hours without refrigeration as specified, it shall be embalmed. If a dead human body is to be held longer than thirty hours in the custody of a Louisiana licensed hospital, Louisiana medical school, the Louisiana Anatomical Board or a certified coroner, it shall be refrigerated at all times at a temperature not to exceed 45° prior to its release to the authorized licensed funeral establishment for final disposition under LSA-R.S. 37, Chapter 10. If the body is not refrigerated or embalmed, it shall be buried, cremated, or otherwise disposed of within thirty hours after death or as soon as possible after its release to the authorized licensed funeral establishment.

After review of La. R.S. 37:848 and the Louisiana Sanitary Code, Title 51, Part 26, it is apparent that there is no conflict between the provisions. The statutes found in Louisiana Revised Statutes, Title 37, set out the laws governing embalming and funeral directors. According to La. R.S. 37:848(D)(2), "If the body is to be held longer than thirty hours, it shall be embalmed." There is nothing in this statute that allows funeral homes to hold a body for more than thirty hours unless it is embalmed. Further, funeral homes which offer refrigeration services as an alternative to embalming may not hold a body, even if it is refrigerated, for more than thirty hours.

You cite regulations from the Sanitary Code as being in conflict with Revised Statutes, Title 37, since the Sanitary Code regulations discuss requirement of refrigeration of a body held more than thirty hours.

It is the opinion of this office that the Sanitary Code regulations which are reproduced above refer to Louisiana licensed hospitals, Louisiana medical schools, the Louisiana Anatomical Board or a certified coroner. It is clear that these regulations do not refer to funeral homes.

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Representative Daniel T. Flavin
OPINION NO. 03-0065
Page - 3 -

I trust your question has been adequately answered. However, if you should need anything further do not hesitate to contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

FRANCES J. I:q~I’M/~N
ASSISTANT ATTORNEY GENERAL

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cc: Mr. Eaton L. Kittrell