End-of-life doulas provide dying people and grieving families with advice and comfort as they navigate the complicated world of the funeral industry. Although these alternative funeral arrangements are beneficial, state governments around the country are trying to regulate and cease and desist them out of existence. So far, end-of-life doulas in Indiana and California have proven successful in keeping their businesses open against this effort to close them down, but the problem remains that statutory definitions of the practice of funeral services and hefty licensure requirements remain a barrier to end-of-life doulas’ comforting work. This Essay considers the anticompetitive and likely unconstitutional statutes that make up the funeral service industry and proposes solutions that maintain public health while allowing end-of-life doulas to continue their businesses.
