34-26A CREMATORIES AND CREMATIONS
CREMATORIES AND CREMATIONS
Definition of terms.
Authorizing agent defined--Public official or institutional representative as
Construction and maintenance of crematory--Operation under licensed funeral
director or establishment--Exception--Building and zoning regulations.
Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership.
Cremation prohibited except in licensed crematory--Violation as misdemeanor.
Documentation required for cremation--Cremation authorization form--Burial
permit--Other local documentation.
Delegation of authority of authorizing agent--Reliance on authorization form without
Receipt upon receiving human remains--Contents--Signatures.
Record of cremations.
Acceptance of unidentified human remains prohibited--Identification on exterior of
Filing of burial permit on completion of cremation.
Casket not to be required by crematory authority--Cremation container to be
cremated absent written instructions to the contrary.
When cremation may take place--Investigation by coroner--Waiver of time
Notification of coroner by crematory authority in certain cases--Investigation--Authorization to cremate.
Removal of pacemaker or hazardous implants.
Holding human remains before cremation--Refrigeration--Leaking cremation
container need not be accepted.
Unauthorized persons not permitted in crematory area.
Simultaneous cremations forbidden absent written authorization--Authorization as
exemption from liability for commingling.
Verification of identification before cremation.
Removal and processing of residue.
Packing of cremated remains--Temporary container--Shipping.
Statement by authorizing agent specifying disposition of cremated remains--Retention of copy.
Responsibility of authorizing agent for disposition--Disposal of unclaimed remains--Reimbursement--Record--Discharge from liability.
Where cremated remains may be disposed of--Consent of property owner.
Commingling of cremated remains prohibited--Exceptions.
Delivery of cremated remains--Receipt--Transportation of remains.
Scattering of cremated remains--Filing of statement with local registrar--Release of
remains by crematory authority--Violation as misdemeanor.
Cremation authorization form as warranty of identity, authority, etc.--Liability of
person signing form.
Right of crematory authority to cremate on receipt of authorization form--Immunity
Crematory authority not responsible for valuables.
Refusal to accept body or perform cremation--When crematory authority not liable--
Court order or resolution of dispute.
Refusal to release cremated remains--When crematory authority not liable--Court
order or resolution of dispute.
Promulgation of rules by department--Contents--Adoption of rules by crematory
Maintenance of crematory in violation of chapter as nuisance--Abatement.
Holding self out as crematory authority without license or performing cremation
without authorization form as misdemeanor.
Knowingly signing false authorization form as misdemeanor.
Pre-need contract to specify ultimate disposition of cremated remains--Compliance
with contract absent different instructions at time of death--Release from liability.
Right to authorize one's own cremation on pre-need basis--Witnesses--Designation
of crematory authority--Transfer or cancellation--Notice to department and crematory
Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements.
Crematory authority to comply with pre-need authorization form--Immunity from
Employment of licensed funeral director.