§ 12-135-307 — Standards of practice - cremating

(1) A crematory shall:

(a) Maintain a retort or crematory chamber that is operated at all times in a
safe and sanitary manner;

(b) Employ reasonable care to minimize the risk of transmitting
communicable diseases from human remains;

(c) Be equipped with instruments and supplies necessary to protect the
health and safety of the public and employees of the crematory; and

(d) Transport human remains in a safe and sanitary manner.

(2) (a) A crematory shall not cremate human remains unless the crematory
has obtained a statement containing the following from a funeral establishment,
funeral director, mortuary science practitioner, or the person with the right of final
disposition:

(I) The identity of the decedent;

(II) The date of death;

(III) Authorization to cremate the human remains;

(IV) The name of the person authorizing cremation and an affidavit or other
document in compliance with article 19 of title 15 that the authorization complies
with article 19 of title 15;

(V) A statement that the human remains do not contain an implanted device;

(VI) The name of the person authorized to receive the cremains;

(VII) A list of items delivered to the crematory along with the human remains;

(VIII) A statement as to whether the next of kin has made arrangements for a
viewing or service before cremation and the date and time of any viewing or service;

(IX) A copy of the disposition permit; and

(X) A signature of a representative of any funeral establishment or the next
of kin making arrangements for cremation that the representative has no actual
knowledge that contradicts any information required by this subsection (2)(a).

(b) A person who signs the statement required by subsection (2)(a) of this
section shall warrant the truthfulness of the facts contained therein. A person who
signs the statement with actual knowledge to the contrary shall be civilly liable.

(3) (a) The crematory shall hold human remains in a cremation container and
shall not remove the remains.

(b) The crematory shall cremate the human remains in a cremation container.

(c) A cremation container must:

(I) Be composed of materials suitable for cremation;

(II) Be able to be closed in order to provide a complete covering for the
human remains;

(III) Be resistant to leaking or spilling;

(IV) Be rigid enough to handle with ease;

(V) Provide reasonable protection for the health and safety of crematory
employees; and

(VI) Be used exclusively for the cremation of human remains.

(4) A crematory shall not cremate the human remains of more than one
person within the same cremation chamber or otherwise commingle the cremains of
multiple human remains unless the next of kin has signed a written authorization.
No crematory is civilly liable for commingling the cremains of human remains if the
next of kin has signed the written authorization.

(5) (a) A crematory shall use a tag to identify human remains and cremains.
The tag must be verified, removed, and placed near the cremation chamber control
panel prior to cremation. The tag must remain next to the cremation chamber until
the cremation is complete.

(b) Upon the completion of each cremation, the cremationist shall remove all
of the recoverable residue, insofar as is practicable, of the cremation process from
the crematory and place the residue in a separate container so that the residue
does not commingle with the cremated remains of other individuals. The
cremationist shall dispose of accumulated residue in accordance with the
regulations of a cemetery with a defined area to scatter remains and residue and
any applicable local ordinances. For the purposes of this subsection (5)(b), residue
does not include human ashes, bone fragments, prostheses, and disintegrated
material in the chamber that is imbedded in cracks and uneven spaces of a
cremation chamber and that cannot be removed through reasonable manual
contact with sweeping or scraping equipment.

(c) The processed cremains shall be placed in a temporary container or urn.
Any cremains that do not fit within the enclosure shall be placed in a separate
temporary container or urn. Each container shall be marked with the decedent's
identity and the name of the crematory. If a temporary container is used, the
crematory shall disclose that the temporary container should not be used for
permanent storage.

(d) If cremated remains are shipped, the crematory shall use a method that
employs an internal tracking system and obtains a signed receipt from the person
accepting delivery.

(6) Cremains shall not be commingled with other cremains in final disposition
or scattering without written authorization from the next of kin unless the
disposition or scattering occurs within a dedicated cemetery or consecrated
grounds used exclusively for those purposes.

(7) (a) A crematory shall not cremate human remains containing an
implanted device. If the funeral establishment that had control of the human
remains failed to ensure that a device was removed, the funeral establishment is
responsible for removing the device.

(b) If the person authorizing cremation fails to inform the crematory of the
presence of an implanted device, the person shall be solely liable for any resulting
damage to the crematory.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 955, � 1, effective October 1. L. 2024: (5)(b) amended, (HB 24-1335), ch. 242, p. 1602, � 16, effective May 24.