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New Hampshire set to overturn embalming law

New Hampshire has a unique law that no other state has. It says:

“Deceased Human Bodies Exposed. – No dead human body shall be exposed to the public for a period in excess of 24 hours unless said body is properly embalmed.”

House Bill 1320 would delete this unnecessary requirement. FCA and New Hampshire consumer advocates testified in support of HB 1320, sponsored by state senator Jerry Knirk. We noted that the current law is ambiguous. Does it mean a body can’t be publicly viewed without embalming once 24 hours have past since death? Or, does it mean the body can’t be publicly viewed for a cumulative total of 24 hours without embalming?

In either case, it’s an unnecessary requirement that restricts family choice, imposes a mandatory purchase on consumers, and disregards philosophical and religious objections to embalming. The funeral industry’s advocates would like to keep the law, and they point to non-existent “public health” concerns in their testimony.

As of February 2022, the Committee on Health, Human Services, and Elderly Affairs, recommended passage of the bill 20-0. It’s likely the legislature will pass the bill this spring.

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