§ 12-135-308 — Custody and responsibility - rules

(1) A crematory shall not,
through its managers, employees, contractors, or agents, take custody of human
remains without an attestation of positive identification on a form promulgated by
the director by rule by:

(a) The next of kin;

(b) The county coroner or the county coroner's designee; or

(c) An authorized person at the care facility where the deceased died.

(2) A crematory is responsible for identifying and tracking human remains
from the time it takes custody of human remains until the:

(a) Final disposition has occurred or the remains are returned to the person
who has the right of final disposition;

(b) Human remains are released in accordance with the instructions given by
the person who has the right of final disposition; or

(c) Remains are released to a funeral establishment, another crematory,
repository, or entity as authorized by the person who has the right of final
disposition.

(3) The director shall adopt rules implementing this section that:

(a) Establish what constitutes custody;

(b) Define care facility, repository, and entity;

(c) Establish who is authorized to identify human remains at a care facility
for a funeral establishment; and

(d) Prescribe the minimum standards for the positive identification and chain
of custody of human remains. A crematory may use the crematory's own
procedures if the procedures meet or exceed the minimum standards of the rule
promulgated by the director.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 957, � 1, effective October 1.