Deaths in hospital and the choice of funeral directors
Uses and malpractices of medical directors

The choice of the funeral company to be entrusted with the funeral service must be 'always absolutely free', and this also applies to deaths that occur in healthcare facilities.

Hospitals manage particularly delicate and complex moments in people's lives. One of these is the management of corpses, which is linked to all the regulations in force, but also to the customs and needs of families who in particular circumstances need to be protected in their confidentiality, as well as in their grief. Although mortuaries and mortuary chambers, which are present in all hospitals, are regulated by precise company regulations and behavioural guidelines, and even though they 'should' have posted on their premises the lists of funeral parlours operating in their territory, which relatives and/or relatives 'should' directly contact, today, as in the past, there are cases of abuse that have often been dealt with by the judicial authorities. Among these we find, at a large number of health facilities, as a consolidated practice, the issuing by the morgue operators, in addition to the information letter and condolences from the Health Directorate, of a proxy in which the relatives of the deceased must indicate the name of the funeral company to which they are to entrust the service.

Issuing and having this document signed for the funeral service is, in fact, an operation for which a public security licence is required, which is not held by health professionals who submit it to the mourners, but which Funeral Agencies possess. Only these, as business agencies governed therefore by Article 115 of the TULPS and, they alone, by proxy of the family, signed on the premises of the funeral agency itself, can deal with all the practices inherent in the death because they are intermediaries in the hiring and handling of other people's business. The funeral agency operates within the limits set by mortuary police regulations, and is subject to administrative authorisations to trade within the competence of the municipality and to public safety authorisations within the competence of the ASL.

In light of what is continually emerging, I renew my appeal to members, colleagues, or anyone who is aware that a similar procedure/interference in the choice of funeral home is in force in healthcare facilities, to promptly notify the Federation, which continues to take charge of the numerous reports received, intervening decisively with the Health Directorates involved.

Any action taken by anyone to steer, to condition or to hasten the family on such a delicate decision is illegitimate and is punished by the competent institutions. I would also remind you that for any other kind of abuse or looting of any kind that you are aware of, only with written reports from the citizens involved can the judiciary open an enquiry and carry out the necessary investigations.

Only in this way can we ensure that legality is restored.

To sum up.

The Funeral Home is chosen and commissioned by proxy by the family of the deceased, and the commissioning must take place within the premises of the Funeral Home itself. Any other way of operating is contrary to the law regulating the sector.

Legal references
Art. 115 R.D. 18/06/1931, no. 773 "Testo Unico delle Leggi di Pubblica Sicurezza" (TULPS)

Dr. Catassi Katia
President Feder.Co.F.It Toscana