§ 37:879 — Cremation procedures; pacemakers; cremation retorts; refusal to accept a cremation

§879. Cremation procedures; pacemakers; cremation retorts; refusal to accept a cremation
container; unauthorized persons in crematory; simultaneous cremation of the human
remains of multiple persons; cremation residue; packaging and delivery of cremated
human remains
A. If an authorizing agent informs the funeral director and the cremation authority
on the cremation authorization form of the presence of a pacemaker or other hazardous
implants in the human remains, then the funeral establishment and the funeral director shall
also be responsible for ensuring that all necessary steps have been taken to remove the
pacemaker or other hazardous implants before delivering the human remains to the
crematory.
B. Cremation retorts in licensed crematories operating in this state shall be used
exclusively for the cremation of human remains.
C. The human remains shall not be received by the crematory authority for cremation
until all authorization documents as required by R.S. 37:877 to cremate have been received
in writing from the authorizing agent.
D. A crematory authority shall not be required to accept for cremation a cremation
container or a casket from which there is evidence of leakage of the body fluids from the
human remains therein.
E. No unauthorized person, as determined by the crematory authority, shall be
permitted in a crematory while any human remains are in the crematory awaiting cremation,
being cremated, or being removed from the cremation retort. However, nothing in this
Section shall preclude attendance at the cremation, if specific practices and beliefs of
religious groups dictate participation in the cremation process.
F. The simultaneous cremation of the human remains of more than one adult person
within the same cremation retort is prohibited.
G. The simultaneous cremation of the human remains of one adult and one or more
children shall not be performed, unless the crematory authority has received specific written
authorization from all authorizing agents for the human remains to be so cremated. For those
cremations performed pursuant to a written authorization as authorized by this Subsection,
the written authorization shall exempt the crematory authority from all liability for
commingling of the cremated human remains during the cremation process.
H. Each crematory authority shall maintain proper identification of the remains.
I. Upon completion of the cremation, all of the recoverable residue of the cremation
process shall be removed from the cremation retort. All residue of the cremation process
shall then be separated from anything other than bone fragments, and such bone fragments
shall then be processed to reduce them to unidentifiable particles. Anything other than the
unidentifiable particles shall be removed from the cremated residuals and shall be properly
disposed of by the crematory authority, unless otherwise directed by the authorizing agent.
J. Cremated human remains shall be packaged according to the following provisions
of this Subsection:
(1) If proper authorization has been obtained from the authorizing agent, the properly
identified cremated human remains shall be placed within the temporary container or urn
ordered by the authorizing agent. The temporary container or urn contents shall be packaged
in clean packing materials and shall not be contaminated with any other object, unless
specific authorization has been received from the authorizing agent.
(2) When a temporary container is used to return the cremated human remains, the
outside of the container shall be clearly identified with the name of the deceased person
whose cremated human remains are contained therein, the name of the crematory authority,
and an indication the container is a temporary container.
(3) If the cremated human remains will not fit within the dimensions of a temporary
container or urn, the remainder of the cremated human remains shall be returned to the
authorizing agent or his representative in a separate container attached together with the first
container or urn with both being marked as being together.
(4) If the cremated human remains are to be shipped, the temporary container or
designated receptacle ordered by the authorizing agent shall be packed securely in a suitable,
sturdy, and pressure resistant container which is not fragile and is secured properly.
Cremated human remains shall be shipped by a shipper who agrees to ship cremated remains
and only by a method which has an internal tracing system available and which provides a
receipt signed by the person accepting delivery.
K. Cremated human remains shall be made available by the funeral establishment
or the crematory authority to the person or legal entity specified on the cremation
authorization form. A representative of the funeral establishment or crematory authority and
the person or representative of the legal entity receiving the cremated human remains shall
sign a receipt indicating the name of the deceased, the date, time, and place of the person's
or representative's receipt of the cremated human remains, and any other information set out
in the rules and regulations governing crematories to establish a chain of custody. A copy
of the receipt shall be retained by the funeral establishment or crematory authority whose
respective representative delivers the cremated human remains to the person or representative
of the legal entity specified on the cremation authorization form. After this delivery, the
cremated human remains may be transported in any manner in this state, with a copy of the
burial-transit permit, and disposed of in accordance with the provisions of this Chapter.

Legislative History

Acts 2003, No. 1243, §2; Acts 2016, No. 143, §2, eff. May 19, 2016.