Could Louisiana's funeral licensing board send disciplinary decisions to a national regulator database?

Plain-English summary

In 2005, the Louisiana Board of Embalmers and Funeral Directors asked whether it could contribute disciplinary decisions to the International Conference of Funeral Service Examining Boards' database for other member regulatory agencies. The Attorney General concluded that this fell within the board's regulatory authority. The permission had two stated limits: the disciplinary action had to be final and nonappealable before sharing, and the board could share only information in which the person had no expectation of privacy.

The opinion tied that conclusion to the board's powers to refuse, suspend, or revoke licenses, seek injunctions against unauthorized practice, and administer and enforce the funeral-service licensing chapter. It did not describe a separate public-release policy or determine whether a particular disciplinary record was private.

Currency note

This opinion was issued in 2005. 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.

Common questions

Could the funeral board report an appealable disciplinary decision to the database?

The AG's permission applied only after the board's disciplinary action was final and nonappealable. The opinion did not authorize reporting while an appeal remained available.

Could the board send every detail from a disciplinary file?

No blanket permission appeared in the opinion. The AG limited sharing to information in which the person had no expectation of privacy. It did not classify particular file contents.

Who was supposed to use the national database?

The request described a database operated with the International Conference of Funeral Service Examining Boards and available to its member regulatory agencies. The opinion did not address publication to the general public.

Background and statutory framework

The board already belonged to the International Conference and used its examinations in licensing. The AG cited the board's licensing and enforcement powers under La. R.S. 37:831, La. R.S. 37:846, La. R.S. 37:849, and La. R.S. 37:840. It treated sharing final, nonprivate disciplinary information with other member regulators as within those powers.

Citations

• La. R.S. 37:831 (licensing chapter referenced by the opinion).
• La. R.S. 37:846 (licensing discipline powers).
• La. R.S. 37:849 (authority to enjoin unauthorized practice).
• La. R.S. 37:840 (powers necessary to administer and enforce the chapter).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0111

Original opinion text

August 5, 2005
OPINION NUMBER 05-0111

108-A STATE BOARD OF EMBALMERS & FUNERAL
Mr. Michael H. Rasch
DIRECTORS
Louisiana State Board of Embalmers The Louisiana State Board of Embalmers and Funeral
and Funeral Directors
Directors may provide final disciplinary decision information
P. O. Box 8757
for national database purposes.
Metairie, LA 70011

Dear Mr. Rasch:

As general counsel for the Louisiana State Board of Embalmers and Funeral Directors, you have requested an opinion from our office concerning the propriety of the Board participating in a disciplinary database program with the International Conference of Funeral Service Examining Boards. You advise that the Board has been a member of the International Conference of Funeral Service Examining Boards and makes use of the organization’s examination packages to comply with its duties and obligation to test various applicants for licensure.

The Louisiana State Board of Embalmers and Funeral Directors is a licensing and regulatory agency having its powers conferred under the provisions of La. R.S. 37:831, et seq. The Board has the power to refuse to grant or renew licenses, as well as revoke or suspend such licenses. (La. R.S. 37:846). The Board has been given the power to enjoin persons or establishments from practicing the science of embalming or conducting the business of funeral directing or operating a funeral establishment (La. R.S. 37:849), as well as having the power to provide penalties for such violations. Further, under the provisions of La. R.S. 37:840, “the board shall have all the powers necessary for administering and enforcing the provisions of this Chapter…”.

It is the opinion of this office that the Louisiana State Board of Embalmers and Funeral Directors has within its power and duties the right to make disciplinary information available to the International Conference of Funeral Service Examining Boards for placement in a nationwide database which would be available to other member regulatory agencies. It should be understood that prior to providing the information the disciplinary action of the Board be final and

Page 2

Opinion No. 05-0111
Mr. Michael H. Rasch
General Counsel
Louisiana State Board of Embalmers
and Funeral Directors
Page: -2-

non-appealable and that the Board share only such information in which the person does not have an expectation of privacy.

I believe the above has sufficiently answered your concerns. Should you have any questions please do not hesitate to contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./sfj

Page 3

SYLLABUS
OPINION NUMBER 05-0111

108-A STATE BOARD OF EMBALMERS & FUNERAL DIRECTORS

The Louisiana State Board of Embalmers and Funeral Directors may provide final disciplinary decision information for national database purposes.

Mr. Michael H. Rasch
General Counsel
Louisiana State Board of Embalmers and Funeral Directors
P. O. Box 8757
Metairie, LA 70011

DATE RECEIVED:

DATE RELEASED: August 5, 2005

Charles H. Braud, Jr.
Assistant Attorney General