Episode 43: Regulating the Funeral Industry

In this episode of the Death Esq. podcast, Professor Marsh welcomes Jay Doshi to discuss the outdated regulatory structures of the American funeral industry. Doshi explains how the industry stubbornly protects traditional, full-service embalmed funerals while consumer preference is rapidly shifting toward cremation and non-traditional burials. This disconnect is largely fueled by outdated single-license frameworks that force funeral directors to become licensed embalmers, creating significant barriers to entry. Doshi highlights how expensive mortuary school tuition and low-wage apprenticeships have led to an employment crisis, with only 1,600 graduates available to fill 5,700 annual job openings. To revitalize the industry, Doshi discusses pragmatic solutions like dual-licensing frameworks and externship programs. He even advocates for the complete elimination of occupational licensing requirements, arguing that a market-driven approach would lower consumer costs, spark innovation in deathcare, and naturally weed out bad actors through reputation and tort liability.