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.
