Massachusetts General Laws

Mass. Gen. Laws ch. 112, § 87 (2026)

Unlawful embalming; engaging in business of funeral directing without registration; penalty

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Section 87. Whoever, not being registered as an embalmer under section eighty-three or corresponding provisions of earlier laws, shall engage in the profession of embalming dead human bodies, or whoever not being registered as a funeral director under section eighty-three and licensed as a funeral director under section forty-nine of chapter one hundred and fourteen shall engage in the business or profession of funeral directing, or shall hold himself out as such, shall, except as otherwise provided by law, be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both; but this shall not be deemed to prohibit the employment of apprentice embalmers serving under the personal supervision of a registered embalmer, or the employment of assistants in funeral directing under the personal supervision of a registered and licensed funeral director, nor shall it be deemed to prohibit a corporation or partnership, if not engaged in any other business, from engaging in the business of funeral directing, if a duly registered and licensed funeral director is in charge of the business of said corporation or partnership and his name is presented to public view and in all advertising. If such corporation or partnership engages in general advertising for the purpose of advertising funeral services, then all the individuals whose names shall appear on such advertisement shall also be duly registered and licensed funeral directors, and all active members of said corporation or partnership, together with those individuals whose names shall appear, or be used in connection with the name of the corporation or partnership in the regular course of its business in the conduct of funerals and for the purpose of advertising funeral services, shall also be duly registered and licensed funeral directors. No person engaged in embalming or funeral directing or serving as an apprentice shall act or be employed as a caretaker or supervisor at any cemetery.

Notes of Decisions
Cited in 5 cases, 1969–1982 · leading case: Blue Hills Cemetery, Inc. v. Bd. of Reg. in Embalming & Funeral Directing, 398 N.E.2d 471 (Mass. 1979).
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Blue Hills Cemetery, Inc. v. Bd. of Reg. in Embalming & Funeral Directing, 398 N.E.2d 471 (Mass. 1979). · cites it 2× “G. L. c. 112, § 87. 3 The plaintiffs contend that this restriction violates the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution as well as Part II, c.”
Rao v. Bd. of Reg. of Real Est. Brokers & Salesmen, 13 Mass. App. Ct. 922 (Mass. App. Ct. 1982). “726, § 2, and, after hearing, the board suspended their licenses for two weeks on the ground that Rao “knowingly made [a] substantial misrepresentation” as to the true owner of the property. On review under G. L. c. 112, § 87BBB(C), and upon cross motions for summary judgment,…”
A. F. Reagan Realty Co. v. McMurtray, 54 Mass. App. Dec. 14 (Mass. Dist. Ct., App. Div. 1974). ““I find that the plaintiff has not established a prima facie case by its failure to prove that it was duly licensed under GLL. c. 112, § 87 RR.” Notices were not sent out by the clerk’s office of the justice’s rulings and finding until July 5,1972.”
Bonde Realty Assocs., Inc. v. Davidoff, 41 Mass. App. Dec. 22 (Mass. Dist. Ct., App. Div. 1969). “See G.L. c. 112, § 87 PP which deals with the licensing of real estate brokers and salesmen.”
Hayward v. Berger, 41 Mass. App. Dec. 46 (Mass. Dist. Ct., App. Div. 1969). “The defendants ’ answer was a general denial and that the plaintiff was not duly licensed in accordance with the requirements of G.L. c. 112, § 87 RR. At a re-trial of this case on this sole issue, ordered by the Appellate Division, evidence was introduced that the plaintiff was…”
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