(1) This part 1 shall not apply to, or in
any way interfere with, the duties of the following persons:
(a) An officer of a public institution;
(b) An officer of a medical college, county medical society, anatomical
association, or college of embalming; or
(c) A person acting under the authority of part 3 of article 19 of title 15.
(2) (a) This part 1 does not apply to, nor in any way interfere with, any custom
or rite of any religious sect in the final disposition of its dead, and the members and
followers of the religious sect may continue to provide memorial services for, care
for, prepare, and provide for the final disposition of the bodies of deceased
members of the religious sect, free from any term, condition, or provision of this
part 1, and are not subject to this part 1, so long as the human remains are
refrigerated, frozen, embalmed, interred, or cremated within seven days after death
or the process of natural reduction is begun within seven days after death.
(b) If human remains are refrigerated or embalmed under subsection (2)(a) of
this section, the body must be interred within, frozen within, or cremated within
thirty days after death or the process of natural reduction must begin within thirty
days after death; except that the coroner may authorize otherwise in writing. The
coroner shall not permit an exception to this subsection (2)(b) unless the applicant
can demonstrate a legitimate delay caused by unforeseen uncontrollable
circumstances or by a criminal investigation.
(c) Notwithstanding this subsection (2), upon the receipt of evidence that the
human remains likely contained a serious contagious disease, the state department
of public health and environment, the state board of health, or a local department
of health may issue an order overruling this subsection (2).
(3) A person who sells or offers to sell caskets, urns, or other funeral goods,
but does not provide funeral services, shall not be subject to this article 135.
(4) If a funeral director, mortuary science practitioner, or embalmer has
acted in good faith, the funeral director, mortuary science practitioner, or embalmer
may rely on a signed statement from a person with the right of final disposition
under section 15-19-106 that:
(a) The person knows of no document expressing the deceased's wishes for
final disposition that qualifies to direct the final disposition under section 15-19-104;
(b) The person has made a reasonable effort under section 15-19-106 to
contact each person with the right of final disposition and to learn each person's
wishes; and
(c) The person knows of no objections to the final disposition.
(5) (a) (I) A funeral establishment, funeral director, or mortuary science
practitioner may dispose of cremated or naturally reduced remains at the expense
of the person with the right of final disposition one hundred eighty days after
cremation or natural reduction if the person was given clear prior notice of this
subsection (5)(a) and a reasonable opportunity to collect the remains, the exact
location of the final disposition and the costs associated with the final disposition
are recorded, and the recovery of the remains is possible. Recovery of costs is
limited to a reasonable amount of the costs actually expended by the funeral
establishment, funeral director, or mortuary science practitioner.
(II) A funeral establishment, funeral director, or mortuary science
practitioner may comply with this subsection (5)(a) by transferring the cremated or
naturally reduced remains and the records showing the funeral establishment and
the deceased's name, date of birth, and next of kin for final disposition to a facility
or place normally used for final disposition if the new custodian can comply with
this subsection (5)(a).
(III) If cremated remains are not claimed by the person with the right of final
disposition within three years after cremation, a funeral establishment, funeral
director, or mortuary science practitioner may dispose of the remains in an
unrecoverable manner by placing the remains in an ossuary or by scattering the
remains in a dedicated cemetery, scattering garden, or consecrated ground used
exclusively for these purposes.
(IV) The custodian is not liable for the loss or destruction of records required
to be kept by this subsection (5)(a) if the loss or destruction was not caused by the
custodian's negligence.
(V) If naturally reduced remains are not claimed by the person with the right
of final disposition within one hundred eighty days after natural reduction, a funeral
establishment, funeral director, or mortuary science practitioner may dispose of the
remains in an unrecoverable manner by returning the remains to the earth in a
respectful manner.
(b) If the person was cremated prior to July 1, 2003, and the funeral director
or mortuary science practitioner reasonably attempts to notify the person with the
right of final disposition of the provisions of this subsection (5), the cremated
remains may be disposed of in accordance with this subsection (5) notwithstanding
a failure to provide the notice of the provisions of this subsection (5) to the person
with the right of final disposition prior to disposing of the remains.
(6) This part 1 does not apply to or interfere with cryonic preservation of
human remains if done pursuant to rule.