VFDA Legislative Advocacy

2026 GENERAL ASSEMBLY SINE DIE UPDATE

The Virginia General Assembly adjourned Sine Die March 14, 2026, as scheduled and the Virginia Funeral Directors Association has had a successful legislative session. Our 2026 VFDA Legislative Agenda was fully supported by the Virginia General Assembly.

We also had great participation and support from VFDA during the legislative session with members showing up for the 2026 VFDA Legislative Day and to testify before sub- and full committees on behalf of all VFDA members. Special thanks go out to: Gregg Faulkner, Chas Faulkner, Daniel Woodfin, Krystina Diman, Larry Phillips, Margaret Edie, Trey Finch, Bobby Gardner, and Bree Bremser. We look forward to having more participation in the coming months and years.

Our 2026 VFDA Legislative Agenda included three bills (two were companion bills) to address our members’ concerns as presented to the VFDA Legislative Committee. Those concerns were timely signing of death certificates and expedited service of petition and court order to the State Registrar for more efficient amendments to death certificates.

TIMELY SIGNING OF DEATH CERTIFICATES – SB194 and HB156

Timely signing of death certificates has long been an issue for funeral service licensees. Prior to implementation of the Electronic Death Registration System, (EDRS), funeral service licensees took to the road and sat in doctors’ offices to wait for a physician to medically certify (or sign) the death certificate. Once the EDRS went online in 2014, the VFDA and other funeral associations had hoped that there would be less of an issue; however, the problem persisted.

In response, we sought legislation that phased in mandated use of EDRS. Funeral service licensees and hospices were first required to use the EDRS in 2018. In 2019, hospitalists, emergency physicians, and nursing home directors (July) and all other medical specialties (December) were also mandated to use the EDRS. Unfortunately, the problem continues nearly twelve years after the implementation of the program.

Over the years, VFDA has worked with the Medical Society of Virginia (MSV) and others to push out information to those authorized and obligated to medically certify, as well as educating them as the issue arose. This is not sustainable.

Prior to the 2025 General Assembly session, Senator Angelia Williams Graves proposed a bill that would penalize those who failed to medically certify a death certificate in a timely manner. She was asked by MSV to wait a year and if the situation was not better, to come back with legislation.

The situation did not get better and the VFDA asked Senator Angelia Williams Graves and Delegate Paul Krizek to patron legislation that would require the medical professionals who are authorized and obligated to medically certify death certificates to confirm whether the scope of their practice would include the signing of death certificates and if so, to attest when renewing their license that they have reviewed the EDRS training as provided by the Office of Vital Records.

Ultimately, SB194 and HB156 each passed the General Assembly unanimously with a promise from Senator Williams Graves in subcommittee that if it does not improve by the 2027 General Assembly session, she will come back with a bill that includes penalties for those who do not sign in a timely manner. The bills have been communicated to Governor Spanberger, and she must act on them by April 13, 2026 (sign, amend, or veto).

Amending Death Certificates – HB756

A VFDA member requested that the Legislative Committee pursue legislation that would allow funeral service licensees who use the EDRS to request court-ordered amendments to death certificates be allowed to use the EDRS for service to the State Registrar as well.

HB756 was patroned by Delegate Chris Runion. While funeral service licensees who use the EDRS to amend death certificates are still required to provide the State Registrar with the petition and the court order, they will no longer have to perform physical service if the case was initiated through the EDRS. Instead, service of these documents through the EDRS to the State Registrar now satisfies the legal requirement for service, making the process faster and entirely digital. The bill passed both bodies unanimously and is awaiting action by Governor Spanberger by April 13, 2026.

Other Legislation VFDA Followed

HB381; Investigation or autopsy of dead bodies; Office of the Chief Medical Examiner; notification of retention of whole organ. 

Senator Elizabeth Bennett Parker, (formerly Delegate Bennett Parker – she won a special election during the 2026 General Assembly session for former Senator Adam Ebbin’s seat), contacted VFDA lobbyists in early January. VFDA leadership and lobbyists were asked to join Delegate Bennett Parker and the OCME’s office to discuss the proposed legislation. The legislation stemmed from a constituent situation in which the OCME had returned their child’s body for burial and did not share that they had sent her heart to California for testing.

OCME stated in the discussion with the patron and VFDA that the OCME would have to put a fiscal impact statement on the bill for at least one full-time employee to handled calling the next of kin themselves and that this was the only way that such a bill would not have a “hit” on the budget. The patron would clearly move the bill, forcing the action of notification of next of kin to funeral service establishments and funeral service licensees. We were able to secure immunity from liability for funeral service licensees and funeral service establishments. It is interesting to note that twice during testimony to two different committees, other legislators noted that they had heard from constituents where the same thing had occurred to them. Governor Spanberger has until April 13 to act on the bill.

HB450: Office of Vital Records; fees for certified copies.

Delegate Rodney Willett patroned legislation that would increase the price of vital records from $12 to $17 dollars per copy. This concept had been presented to VFDA’s lobbyists by Office of Vital Records and provided for discussion by VFDA leadership in late 2025.

The bill itself had not been requested by OVR; however, they did invite Delegate Willett to their new offices and during their tour with him talked about the need. It was a surprise to OVR when it was introduced.

HB450 made it through the appropriate House sub- and full committees and the Senate Education and Health sub- and full committee and met a little resistance in full Senate Finance, despite not costing the Commonwealth funds. It was re-referred to Senate Resources Subcommittee where it was amended to an increase from $12 to $15 and included some reporting requirements of OVR. Ultimately, on March 11, it passed the Senate along party lines in a 21/19 vote.

Please Note that OVR has very recently updated EDRS to remind those in the medical profession who are obligated to medically certify a death certificate to do so every 24 hours until signed, once a death certificate is submitted.

Additionally, in the last six years (including 2026), 13 bills have passed that have costs to OVR to execute. In addition, when the General Assembly passes a salary increase for state employees (almost all these 6 years), they are not funded by General Funds because OVR is 100% revenue funded (the cost of vital records is what covers the costs of operating OVR). Also, inflation also affects government operations – in the last ten years, the required security paper upon which vital records / certificates are printed upon have increased over 40%. They also have VITA, office lease, and general office supplies have gone up.

The Budget. The major piece of legislation that affects the entire state did not meet the Sine Die deadline for passage due to the wildly different approaches of each of the House and Senate bodies. A special session will be held to address that impasse, and it is possible that it will occur on or near the Reconvene (VETO) Session on April 22.

Our Patrons. The VFDA president, Gregg Faulkner, has sent thank you letters to each of our patrons for their support of VFDA’s issues. We ask that all VFDA members consider reaching out to them and to your representatives to thank them for their support of our 2026 VFDA Legislative Agenda. You can find your legislators at Who’s My Legislator. There you will find their email addresses, local and Richmond office addresses and phone numbers and information on legislation they patroned and votes they cast.

Your Lobbyists. The VFDA lobbyists, Angie Bezik and Cindy DiFranco, are proud to represent the association and to work with the members who join them for efforts before the General Assembly, regulatory bodies, Administration, meetings with other funeral service associations and at stakeholder meetings to discuss how to create better policies and relationships with all of them. We look forward to continuing to assist the VFDA in being a successful association for your members for the next 130+ years!