During the 2022 Session, the General Assembly directed the Virginia Board of Funeral Directors and Embalmers (Board) to study how to regulate and implement the process of alkaline hydrolysis in the Commonwealth. Specifically, the Board was directed to convene a workgroup consisting of relevant stakeholders to determine the following:

(i) regulatory and statutory changes needed to legalize, implement, and regulate the process of alkaline hydrolysis in the Commonwealth;

(ii) necessary qualifications to enable a person to engage in the practice of alkaline hydrolysis;

(iii) proper standards for the operation of a facility containing a pressure vessel for alkaline hydrolysis; and

(iv) proper requirements for licensure as an owner or operator of such a facility.

The workgroup was further tasked with considering “any necessary environmental precautions and safety measures to ensure proper (a) regulation and implementation of the alkaline hydrolysis process and (b) regulation and inspection of facilities where alkaline hydrolysis is conducted in the Commonwealth." (Ch. 191, 2022 Acts of Assembly)

In July and August 2022, the Board convened a workgroup to compile recommendations regarding the statutory and regulatory structure needed to support the implementation and appropriate oversight of alkaline hydrolysis as a means of disposition of human remains. The Workgroup made four recommendations:

1. Inclusion of alkaline hydrolysis as an accepted means of final disposition of human remains in the Code

2. Definition of “alkaline hydrolysis" as a separate and distinct process within the Code, using broad terminology

3. Creation of a regulatory structure for alkaline hydrolysis that appropriately reflects and accounts for both the differences and similarities in the processes for alkaline hydrolysis and cremation

4. Inclusion of licensure/registration requirements for alkaline hydrolysis facilities or operators that include appropriate consultation, authorization, and/or permitting from state and local wastewater treatment authorities and/or health departments.