§ 3159 — Permit for cremation or natural organic reduction; issuance, retention, and inspection [For application of this section, see 84 Del. Laws, c. 261, § 16]

(a) A body may be cremated or subjected to natural organic reduction only after the preparation of a special cremation or natural organic reduction permit signed by the chief medical examiner or an assistant or deputy medical examiner. In the presentation of the cremation or natural organic reduction permit to the chief medical examiner or the chief medical examiner’s representative for signature, the permit must be accompanied by a death certificate signed by the attending physician and by a cremation or natural organic reduction authorization signed by the next-of-kin or legal representative of the deceased. The signature of the chief medical examiner or the chief medical examiner’s representative to the cremation or natural organic reduction permit constitutes an affirmation that there is no medical reason why the cremation or natural organic reduction should not take place. The chief medical examiner or an assistant or deputy medical examiner has the authority to hold the remains of the deceased pending any investigation into the cause and manner of death.

(b) One copy of the cremation or natural organic reduction permit must be retained by the person, firm, corporation, or association conducting the cremation or natural organic reduction, and must be produced for inspection or other purposes when asked for by the inspecting authority. A second copy of the cremation or natural organic reduction permit must accompany the death certificate when it is filed in the Office of Vital Statistics.

Legislative History

25 Del. Laws, c. 66, § 9 ; 27 Del. Laws, c. 84, § 14 ; 27 Del. Laws, c. 85, § 15 ; Code 1915, § 818; Code 1935, § 801; 44 Del. Laws, c. 69, § 1 ; 16 Del. C. 1953, § 3162; 65 Del. Laws, c. 413, § 1 ; 68 Del. Laws, c. 164, § 1 ; 68 Del. Laws, c. 274, § 1 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 261, § 3