Indiana Death Doula Decision Clarifies Roles & Opens Up Opportunities

How would you define the term “funeral director?” Most people would probably use phrases like “someone who helps families with the celebration, disposition, and memorialization of a deceased loved one” — or something similar. No matter the words, the description would surely include the support and guidance deathcare professionals provide to families in addition to caring for the deceased. 

Death, definitions, and disclaimers

Over the past two years, the definition of “funeral director” has been the topic of constitutional and regulatory debate in the state of Indiana. In 2023, an anonymous complaint was filed by someone in the deathcare profession against death doula Lauren Richwine, proprietor of Death Done Differently. At issue was whether her work—providing non-medical emotional and logistical support to individuals approaching the end of life—should require a funeral director’s license under Indiana law.

Richwine is quite open and forthcoming about the services she offers — as well as those she does not. She doesn’t claim to be a funeral director.  In fact, a disclaimer on her website reads: “Death Done Differently is an educational consulting organization and is in no way considered a funeral establishment.” Even so, the complaint filed with the Indiana Public Licensing Agency alleged that Richwine was practicing funeral services without a license.

In 2023, Indiana’s State Board of Funeral & Cemetery Service issued a cease-and-desist order against Richwine, asserting that her services fell under the definition of “funeral practice,” as she offered guidance on final disposition, planning, and support. The state argued that she needed a funeral director license and to operate from a licensed funeral home—requirements Richwine found impractical. Indeed, to comply, she would need formal mortuary education, internship, and an embalming facility she would not use. 

She fought the law … and she won

As Richwine’s website states, “She did not agree to their terms. Instead, she fought back.” Supported by the Institute for Justice, among others, Richwine filed a federal lawsuit against the state “challenging the Indiana funeral code and defending the work of death doulas in the Midwest.”

She countered that her work was distinct, speech-based counseling—not regulated funeral services—and that the licensing requirement violated her First Amendment rights. A federal district court agreed, granting her a preliminary injunction that allowed her to resume operations while her lawsuit moved forward.

Last month, the Seventh Circuit Court affirmed that decision. The appellate judges ruled that Indiana’s attempt to regulate Richwine’s activity—simply talking about and planning for death—overstepped constitutional bounds. They emphasized that while the state has legitimate regulations over physical services like embalming or body disposition, speech-based support falls under protected expression.

The court noted that Indiana offered exceptions allowing non-licensed individuals to conduct some memorial services provided a licensed funeral director handled legal disposition, underlining that licensed regulation of speech was unnecessary.

Implications for deathcare

So what impact should the court’s decision have on deathcare? This case helps delineate the scope of funeral-directed duties versus companion-based support. The distinction between regulated tasks (embalming, body handling, official filings) and emotional/logistical guidance is now legally reinforced. In essence, the decision confirms that doulas like Richwine do not replace funeral homes — instead, they complement them. 

Death doulas can be valuable, trusted partners for deathcare professionals. Doulas can help to guide individuals facing end-of-life and their families emotionally, as well as offer neutral, non-commercial advice about options like legacy letters, advanced directives, and even what methods of disposition might be available for them. 

There’s a reason death doulas are often called “end-of-life” doulas — they’re there with the deceased and the family in those final days. They hold their hands, listen to them as they speak their last words, and prepare the family for their loved one’s final moments. Just like deathcare professionals, the job of a death doula requires a very special person with empathy, strength of character, and a big compassionate heart.

The Fort Wayne case underscores the fact that speech and counseling around death are constitutionally protected, even if they occur outside licensure. For deathcare professionals, it opens a path toward greater collaboration, transparency, and client-centered care—without fear of overregulation.

Historic Cemeteries, Modern Opportunities

CANA Convention Highlights Cremation Memorialization with Mount Auburn’s Regina Harrison

As it has steadily become the most popular form of disposition in the US and Canada, cremation has an unearned reputation as a no-frills alternative to burial. Members of the Cremation Association of North America(CANA)believe this could not be further from the truth. They know cremation offers opportunity for creativity and personalization, even in the most historic spaces. At CANA’s 107th Annual Cremation Innovation Convention in Phoenix this August 6-8, 2025,you can see how Mount Auburn Cemetery is seizing this cultural moment to think creatively and sustainably about cremation as permanent memorialization—and communicate this to the families it serves.

Founded in 1831,Mount Auburn Cemetery in Cambridge and Watertown, Massachusetts, pre-dates the use of modern cremation–but that doesn’t mean the organization has been restrained by past tradition. In her session, Historic Cemeteries Facing the Future(sponsored by Passages International), Mount Auburn’s Director of Sales, Regina Harrison, shares how the cemetery offers a wide selection of cremation burial options. These range from simple, unmarked direct-earth interment to centrally located premium graves, meeting a variety of customer needs and budgets. She’ll show you how these solutions can work for you and your families, too.

“Memorialization is a deeply personal choice, and there are many reasons why a family might have chosen to set a monument, to share a monument with others, or to forego a monument altogether,” Regina notes. “People are often surprised that historic cemeteries still have space available, but the growing popularity of cremation provides the perfect opening to introduce unique burial and memorialization opportunities.”

With over 15 years at Mount Auburn Cemetery. Regina’s background in anthropology and natural preservation informs her service to families and engagement with the community. She leads cultural change by bringing her experience on meeting customer needs and enhancing cemetery landscape, balancing ideas about sustainability and grave maintenance with the concept of perpetuity. She will share preliminary results of Mount Auburn’s research into the impact of various forms of disposition, burial, and memorialization as they look to the future.

Finding creative solutions for your organization’s continued growth takes center stage in every session:

• In the keynote, Joan Fox, President of Inspired Solutions, asks Are You Creating or Killing Customer Loyalty?, and shares why customer satisfaction is an inadequate goal, how company culture and customer loyalty are connected, and what strategies measure customer loyalty to grow your business.
• Take a close look at Ethics in Cremation: A Colorado Case Study with Faith Haug, Program Director of Arapahoe Community College Mortuary Science Program, and explore three pivotal cremation cases and how they directly influenced Colorado’s funeral service laws and public trust.
• Two experts take the stage to share Data-Driven Digital Marketing Fundamentals with advice to build your business. Scott Jensen, Co-owner of FirstCall Marketing, offers Steps to Take to Know If Your Marketing is Working or Not. Then, Zack Moy, Co-founder/CTO of Afterword, guides you through The Efficient Funeral Home: A Data-Driven Look at Technology Implementation.
• Succession planning and driving enterprise value should always be top of mind, so Jake Johnson, President & CEO of Johnson Consulting, will show how to Exit with Success: Succession Planning and Your Business.
• Barbara Kemmis, Executive Director of the Cremation Association of North America and Chance Parker, Chief Research Officer of Fortitude Research + Marketing, present the Cremation Practitioner Benchmarking Study of insights into current practice and provides strategies to address future challenges.

Reimagined Exhibit Hall at ICCFA Experience 2025: More Opportunities for Engagement

STERLING, Va. (Feb 19, 2025) – Do you own a business that provides deathcare services or products? The International Cemetery, Cremation & Funeral Association (ICCFA) invites you to attend the ICCFA Experience 2025 from April 30 to May 3, 2025, at the Mandalay Bay Resort & Casino in Las Vegas, Nevada. This year’s event introduces a reimagined Expo Hall under the theme “Three Stages: One Experience,” offering a new platform with opportunities for exhibitors and attendees alike.

A Transformed Expo Hall

The ICCFA has revamped the Expo Hall to enhance engagement and provide more opportunities for connection. Key features include:

• Two-Day Exhibition: The Expo Hall will be open for two full days. Continuing education sessions will be held across three stages directly on the floor.
• Extended Show Floor Hours: Attendees and exhibitors will benefit from an additional seven hours on the show floor, which will facilitate deeper interactions and networking. 
• Dedicated Networking Lunches: From 12:00 PM to 2:00 PM on Thursday, May 1, and Friday, May 2, the centralized ICCFA Food & Beverage Lounge within the Expo Hall will host dedicated lunch hours, allowing for relaxed networking opportunities. 

Exhibitor Opportunities

Exhibitors can showcase their latest products and services to an engaged audience of deathcare professionals eager to discover innovative solutions and industry-leading advancements. To reserve a booth, complete the 2025 Prospectus & Booth Application. Each 10×10 booth includes three free exhibit staff registrations, with additional registrations available for purchase online until Wednesday, April 23rd.

Live Virtual Floor Plan

Want to explore the exhibit hall layout or check the availability of booth spaces in real-time? The Live Virtual Floor Plan is an excellent tool for just that! It lets you view the exhibit space and check if your booth is near competitors. When you’re ready to secure your booth, ICCFA’s Supplier Relations Manager, Rick Platter, will work with you using the virtual floor plan to lock it in the best location.

Offer Your Clients FREE Day Passes to Visit Your Booth in Vegas!

Exhibitors can offer up to 10 free Expo Hall Day passes to clients to visit their Mandalay Bay Resort & Casino booth. Passes can be claimed online by April 23, 2025, by providing the unique promo code sent to exhibitors by email. Additional passes are available for $350 each.  

Hotel Accommodations

The ICCFA Experience 2025 will be held entirely at the Mandalay Bay Resort & Casino, offering convenience and exclusive rates for attendees. Room rates start at $238 per night, plus taxes and a reduced $37 resort fee. Alternative accommodation is available at W Las Vegas (formerly Delano), with rates starting at $268 per night. The ICCFA blocks close on April 4, 2025, at 11:59 PM EDT. 

Join Us in Shaping the Future of Deathcare

Don’t miss your chance to participate in this event! The ICCFA Experience 2025 promises to be a landmark event, offering educational sessions, unparalleled networking opportunities, and a vibrant Expo Hall. 

For those interested in exhibiting, please contact ICCFA’s Supplier Relations Manager, Rick Platter, at rplatter@iccfa.com or 571.323.2985. For more information about The Experience, please visit ICCFA Annual. 

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Founded in 1887, the International Cemetery, Cremation, and Funeral Association is the only international trade association representing all segments of the cemetery, cremation, funeral, and memorialization profession. The association is comprised of more than 10,000 members in the cemetery, funeral home, and crematory industries, as well as supplier and related businesses worldwide.

Let’s accept it. The only time we willingly discuss cemeteries is where we are supposed to go when a friend or family member dies and we are to attend a service following the funeral. Most of us know where two of the local cemeteries, but can you name how many cemeteries have plots available to purchase? Or do you know how much it costs to acquire one?

One of the best investments you can make is that of a little time and interest in finding a final resting place either for yourself or for loved ones, even if the concept of their passing is decades away. In fact, it’s one purchase you can make today that will only appreciate as time goes on because a plot is land, and land only improves in value.

Many of you are aware that on September 8, the College Station City Cemetery received an official

from the Brazos County Historical Commission noting the 75

th

anniversary of this historic cemetery. Officials and historians were in attendance for the occasion and as it turns out, there are no more spaces available should you wish to be buried here. This is the location on 2530 Texas Avenue S., which faces the strip center that once held Lack’s furniture and still holds Brown’s Shoe Fit. Twenty years ago, spaces were available and sold for $600 each.

Population has skyrocketed in the Brazos Valley, especially in College Station, and this cemetery filled up. Only a few infant spaces are available for sale from the City of College Station, at a cost of $220.

The historic plaque notes: “…Five of the six original City Council members, four presidents of the university, highly decorated World War II Hero, General James Earl Rudder, 24-year mayor of College Station Ernest K. Langford…National Square and Round Dance Hall of Famer Manning F. Smith, and…Gussie Wilborn, humanitarian and descendant of early African American pioneers who won the ‘Outstanding Woman of Brazos County Award in 1985.’”

So much like the international and multicultural composition of Texas A&M itself, “tombstones reflect a variety of fraternal associations, including Woodmen of the World, Eastern Star, and Masons, and represent many different cultures with languages such as Chinese, Spanish, Czech, and Arabic lined with trees and maintained by the city…a testament to the rich heritage of the community.”

For those who don’t usually read historic markers, this one in particular invites a special feeling of solemn reverence as you pause to think of how this wonderful community has been built by hours and hours of unseen hands spending time in service to community and civic organizations, primarily comprised of talented individuals who care about where they live and want to provide for generations who come after them.

In addition to this location, the newer cemetery is the College Station City Cemetery with one section known as the

, comprising 20 of the 56 acres there. Prices are different for the two sections. For example, a standard space in the Municipal section is $1,750 and a single Columbaria niche is $825. On the Aggie Field of Honor side, the standard space is $3,250 and a single Columbaria niche is $1,650. Anyone who loves Texas A&M can be buried on the Aggie Field of Honor side; no degree status is required.

Over in the Bryan City Cemetery at 1109 N. Texas Avenue you’ll find about 67 acres of land, with the newest section of the cemetery located at the end of Washington St., which runs parallel to the entrances to the older, original cemetery location. The beautiful older trees line the roads that meander all the way through each of the sections. As you might imagine, people bought plots for their families in segments of anywhere between 6-8 family members, which took into account when a child would one day grow up and marry adding to the family size.

Planning that far ahead served families well as they got to choose their space from a large group of attractive sites, and the price back then was substantially less expensive. Now in the newest section of the Bryan City Cemetery, one of the most attractive features includes many comfortable iron benches placed throughout the cemetery, which invites visitors to come and sit a while and reflect on their loved ones.

A special Veterans section is already designated in the new cemetery section. It’s a special sight to see the headstones reflecting loved ones’ military service there. Trees have been planted, and it’s just a matter of time before you see major shade sections appearing with each year.

There are numerous other cemeteries in Bryan, and one more we’ll focus on here is Restever Cemetery by Callaway-Jones. It is the only perpetual care cemetery in Bryan-College Station; that means that your loved ones’ monuments and the grounds around them will always be maintained by private funds that are built up when a burial site is purchased. City funds from municipal taxes take care of the city cemeteries over the years.

A typical burial space at

costs a one-time price of $920, which is $800 for the space and $120 for perpetual care. There are six sections there, located at 5103 N. Texas Avenue and only one section is entirely completed, and a new section is coming online very soon.

Each cemetery has local rules by which they operate and control the types of monuments you can erect, whether or not you can have live or plastic flowers, how long flowers can remain on the

Located in Bryan-College Station as well are several other cemeteries within a 5-10 mile radius, including Grandview, Oakwood, Yellow Fever Cemetery, and Boonville Cemetery. There are specific rules for being a member of a particular specialized cemetery and membership fees are what keep the individual cemeteries up to a beautiful standard. So much history exists in each cemetery. In future columns, we’ll explore a few more that are here in the Brazos Valley that you might have driven by but never known their history before.

In the meantime, remember that the sooner you decide on a final resting place for you and your loved ones, whether or not you make any funeral plans at this time, it is always wise to secure a gravesite or Columbaria space as soon as possible. If you have questions, please feel free to call me at (979) 822-3717 or come by for a cup of coffee and learn more.