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34-26A CREMATORIES AND CREMATIONS
CHAPTER 34-26A

CREMATORIES AND CREMATIONS

34-26A-1      Definition of terms.
34-26A-2      Authorizing agent defined--Public official or institutional representative as authorizing agent.
34-26A-3      Construction and maintenance of crematory--Operation under licensed funeral director or establishment--Exception--Building and zoning regulations.
34-26A-4      Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership.
34-26A-5      Cremation prohibited except in licensed crematory--Violation as misdemeanor.
34-26A-6      Documentation required for cremation--Cremation authorization form--Burial permit--Other local documentation.
34-26A-7      Delegation of authority of authorizing agent--Reliance on authorization form without liability.
34-26A-8      Receipt upon receiving human remains--Contents--Signatures.
34-26A-9      Record of cremations.
34-26A-10      Acceptance of unidentified human remains prohibited--Identification on exterior of cremation container.
34-26A-11      Filing of burial permit on completion of cremation.
34-26A-12      Casket not to be required by crematory authority--Cremation container to be cremated absent written instructions to the contrary.
34-26A-13      When cremation may take place--Investigation by coroner--Waiver of time requirement.
34-26A-14      Notification of coroner by crematory authority in certain cases--Investigation--Authorization to cremate.
34-26A-15      Removal of pacemaker or hazardous implants.
34-26A-16      Holding human remains before cremation--Refrigeration--Leaking cremation container need not be accepted.
34-26A-17      Unauthorized persons not permitted in crematory area.
34-26A-18      Simultaneous cremations forbidden absent written authorization--Authorization as exemption from liability for commingling.
34-26A-19      Verification of identification before cremation.
34-26A-20      Removal and processing of residue.
34-26A-21      Packing of cremated remains--Temporary container--Shipping.
34-26A-22      Statement by authorizing agent specifying disposition of cremated remains--Retention of copy.
34-26A-23      Responsibility of authorizing agent for disposition--Disposal of unclaimed remains--Reimbursement--Record--Discharge from liability.
34-26A-24      Where cremated remains may be disposed of--Consent of property owner.
34-26A-25      Commingling of cremated remains prohibited--Exceptions.
34-26A-26      Delivery of cremated remains--Receipt--Transportation of remains.
34-26A-27      Scattering of cremated remains--Filing of statement with local registrar--Release of remains by crematory authority--Violation as misdemeanor.
34-26A-28      Cremation authorization form as warranty of identity, authority, etc.--Liability of person signing form.
34-26A-29      Right of crematory authority to cremate on receipt of authorization form--Immunity from liability--Exception.
34-26A-30      Crematory authority not responsible for valuables.
34-26A-31      Refusal to accept body or perform cremation--When crematory authority not liable-- Court order or resolution of dispute.
34-26A-32      Refusal to release cremated remains--When crematory authority not liable--Court order or resolution of dispute.
34-26A-33      Promulgation of rules by department--Contents--Adoption of rules by crematory authority.
34-26A-34      Maintenance of crematory in violation of chapter as nuisance--Abatement.
34-26A-35      Holding self out as crematory authority without license or performing cremation without authorization form as misdemeanor.
34-26A-36      Knowingly signing false authorization form as misdemeanor.
34-26A-37      Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability.
34-26A-38      Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of crematory authority--Transfer or cancellation--Notice to department and crematory authority.
34-26A-39      Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements.
34-26A-40      Crematory authority to comply with pre-need authorization form--Immunity from liability.
34-26A-41      Employment of licensed funeral director.


34-26A-1 Definition of terms.
     34-26A-1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Board," the State Board of Funeral Service;
             (1A)      "Casket," a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, or like material and ornamented and lined with fabric;
             (2)      "Closed container," any container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of cremated remains or the entrance of foreign material;
             (3)      "Cremated remains," all human remains recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions;
             (4)      "Cremation," the technical process, using heat, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation;
             (5)      "Cremation chamber," the enclosed space within which the cremation process takes place. Cremation chambers covered by these procedures shall be used exclusively for the cremation of human remains;
             (6)      "Cremation container," the container in which the human remains are placed in the cremation chamber for a cremation. A cremation container shall be composed of readily combustible materials suitable for cremation, be able to be closed in order to provide a complete covering for the human remains, be resistant to leakage or spillage, be rigid enough for handling with ease, and be able to provide protection for the health, safety, and personal integrity of crematory personnel;
             (7)      "Crematory authority," the legal entity or the authorized representative of the legal entity which is licensed by the board to operate a crematory and perform cremation;
             (8)      "Crematory," the building or portion of a building that houses the cremation chamber and the holding facility;
             (9)      "Holding facility," an area within or adjacent to the crematory facility designated for the retention of human remains prior to cremation that complies with any applicable public health law, preserves the dignity of the human remains, recognizes the integrity, health, and safety of the crematory authority personnel operating the crematory, and is secure from access by anyone other than authority personnel;
             (10)      "Human remains," the body of a deceased person, not including pathological waste;
             (11)      "Niche," a compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains;
             (12)      "Pathological waste," human tissues, organs, and blood or body fluids, in liquid or semiliquid form, that are removed from a person for medical purposes during treatment, surgery, biopsy, or autopsy;
             (13)      "Scattering area," a designated area for the scattering of cremated remains;
             (14)      "Temporary container," a receptacle for cremated remains usually made of cardboard, plastic film, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired; and
             (15)      "Urn," a receptacle designed to permanently encase the cremated remains.

Source: SL 1988, ch 283, § 1; SL 1989, ch 298, §§ 1, 2; SL 1998, ch 211, §§ 1 to 3.


34-26A-2 Authorizing agent defined--Public official or institutional representative as authorizing ...
     34-26A-2.   Authorizing agent defined--Public official or institutional representative as authorizing agent. The authorizing agent is any person according to the priority established in § 34-26-16 legally entitled to order the cremation of human remains including a spouse, a parent, a child, or a close relative of the deceased, or in the absence of any of these, a friend of the deceased. For an indigent or any other individual whose final disposition is the responsibility of the state, a public official charged with arranging the final disposition of the deceased may serve as the authorizing agent. For an individual who has donated his body to science, or whose death occurred in a private institution, and in which the institution is charged with making arrangements for the final disposition of the deceased, a representative of the institution may serve as the authorizing agent.

Source: SL 1988, ch 283, § 2.


34-26A-3 Construction and maintenance of crematory--Operation under licensed funeral director or es...
     34-26A-3.   Construction and maintenance of crematory--Operation under licensed funeral director or establishment--Exception--Building and zoning regulations. Any resident of this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity may erect, maintain, and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with this chapter. The operation of any crematory in this state shall be under the direction and supervision of a licensed funeral director and a licensed funeral establishment, each licensed pursuant to chapter 36-19. However, any medical facility cremating either whole or specific body parts does not need to be under the direction and supervision of a licensed funeral director and licensed funeral establishment. A crematory shall conform with all local building codes and environmental standards, and it may be constructed on, or adjacent to, any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or at any other location consistent with local zoning regulations.

Source: SL 1988, ch 283, § 3; SL 2014, ch 170, § 1.


34-26A-4 Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on ...
     34-26A-4.   Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership. An application for licensure or renewal of a license as a crematory authority shall be on forms furnished and prescribed by the board. Applications shall be in writing, accompanied by a license or renewal fee of one hundred dollars and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory, and any other information the board may reasonably require. The board shall annually examine the premises and structure to be used as a crematory and shall issue a license or renew a license for the crematory authority, if the applicant meets all requirements of this chapter. If a change of ownership of a crematory occurs, within thirty days of the change, the crematory authority shall provide the board with the names and addresses of the new owners.

Source: SL 1988, ch 283, § 4; SL 1998, ch 211, § 4.


34-26A-5 Cremation prohibited except in licensed crematory--Violation as misdemeanor.
     34-26A-5.   Cremation prohibited except in licensed crematory--Violation as misdemeanor. No person may cremate any human remains, except in a crematory licensed for this express purpose and under the limitations provided in this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SL 1988, ch 283, § 5; SL 2000, ch 173, § 1.


34-26A-6 Documentation required for cremation--Cremation authorization form--Burial permit--Other l...
     34-26A-6.   Documentation required for cremation--Cremation authorization form--Burial permit--Other local documentation. Except as otherwise provided in this chapter, no crematory authority may cremate human remains until it has received:
             (1)      A cremation authorization form signed by an authorizing agent and the crematory authority. The cremation authorization form shall be provided by the crematory authority and shall contain the identity of the human remains, the name of the authorizing agent and the relationship between the authorizing agent and the deceased, authorization for the crematory authority to cremate the human remains, a representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains, and the name of the person authorized to claim the cremated remains from the crematory authority;
             (2)      A completed and executed burial permit, as provided in § 34-25-24, indicating that the human remains are to be cremated; and
             (3)      Any other documentation required by the county or municipality.

Source: SL 1988, ch 283, § 6.


34-26A-7 Delegation of authority of authorizing agent--Reliance on authorization form without liabi...
     34-26A-7.   Delegation of authority of authorizing agent--Reliance on authorization form without liability. If an authorizing agent is not available to execute the cremation authorization form, he may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a telegram that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated. Upon receipt of the written delegation document or a copy of this telegram, this individual may serve as the authorizing agent and execute the cremation authorization form, and the crematory authority may rely upon the cremation authorization form without liability.

Source: SL 1988, ch 283, § 7.


34-26A-8 Receipt upon receiving human remains--Contents--Signatures.
     34-26A-8.   Receipt upon receiving human remains--Contents--Signatures. Upon the receipt of human remains, the crematory authority shall furnish to the person who delivers the human remains a receipt signed by both the crematory authority and the person who delivers the human remains showing the date of delivery, the name of the person from whom the human remains were received and that person's employer, the name of the person who received the human remains on behalf of the crematory authority, and the name and license number of the crematory authority, and the name of the deceased. The crematory authority shall retain a copy of this receipt.

Source: SL 1988, ch 283, § 8.


34-26A-9 Record of cremations.
     34-26A-9.   Record of cremations. A crematory authority shall retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in §§ 34-26A-6 to 34-26A-8, inclusive, and the date the cremation and disposition of the cremated remains took place.

Source: SL 1988, ch 283, § 9.


34-26A-10 Acceptance of unidentified human remains prohibited--Identification on exterior of cremati...
     34-26A-10.   Acceptance of unidentified human remains prohibited--Identification on exterior of cremation container. No crematory authority may accept unidentified human remains. If the crematory authority takes custody subsequent to the human remains being placed within a cremation container, the crematory authority shall place appropriate identification upon the exterior of the cremation container.

Source: SL 1988, ch 283, § 10.


34-26A-11 Filing of burial permit on completion of cremation.
     34-26A-11.   Filing of burial permit on completion of cremation. Upon completion of the cremation, the crematory authority shall file the burial permit with the local registrar of vital records pursuant to § 34-25-24.

Source: SL 1988, ch 283, § 11.


34-26A-12 Casket not to be required by crematory authority--Cremation container to be cremated absen...
     34-26A-12.   Casket not to be required by crematory authority--Cremation container to be cremated absent written instructions to the contrary. Except as provided in this section no crematory authority may make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor may the crematory refuse to accept human remains for cremation for the reason that the human remains are not in a casket. No human remains delivered to a crematory may be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the crematory authority has been provided with written instructions to the contrary by the authorizing agent.

Source: SL 1988, ch 283, § 12.


34-26A-13 When cremation may take place--Investigation by coroner--Waiver of time requirement.
     34-26A-13.   When cremation may take place--Investigation by coroner--Waiver of time requirement. No human remains may be cremated within twenty-four hours after the time of death, as indicated on the medical certificate of death, or the coroner's certificate. If the death is such as is to be investigated by a coroner, the human remains may not be cremated by the crematory authority until the coroner has completed his investigation and authorization to cremate has been received in writing from the coroner of the county in which the death occurred. In no instance may the lapse of time between the death and any cremation be less than twenty-four hours, unless the death was a result of an infectious, contagious, or communicable and dangerous disease, and the time requirement is waived in writing by the coroner or the attending physician where the death occurred.

Source: SL 1988, ch 283, § 13.


34-26A-14 Notification of coroner by crematory authority in certain cases--Investigation--Authorizat...
     34-26A-14.   Notification of coroner by crematory authority in certain cases--Investigation--Authorization to cremate. If the crematory authority receives the human remains of a deceased person who the crematory authority has reason to believe may have died by unlawful means or is subject to investigation under § 23-14-18, the crematory authority shall notify the coroner of the county where the death occurred of this belief. After this notice, the human remains may not be cremated until the coroner has completed his investigation, if any, and authorization to cremate has been received in writing from the coroner by the crematory authority.

Source: SL 1988, ch 283, § 14.


34-26A-15 Removal of pacemaker or hazardous implants.
     34-26A-15.   Removal of pacemaker or hazardous implants. No body may be cremated with a pacemaker in place. The party that authorizes the cremation of the human remains shall be responsible for taking all necessary steps to ensure that any pacemakers or hazardous implants are removed before cremation.

Source: SL 1988, ch 283, § 15.


34-26A-16 Holding human remains before cremation--Refrigeration--Leaking cremation container need no...
     34-26A-16.   Holding human remains before cremation--Refrigeration--Leaking cremation container need not be accepted. A crematory authority may hold human remains, before the cremation of the remains, according to the following subdivisions:
             (1)      If a crematory authority is unable to cremate the human remains immediately upon taking custody of the remains, the crematory authority shall place the unembalmed human remains in a refrigerated holding facility;
             (2)      No crematory authority may be required to accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein; and
             (3)      Human remains that are not embalmed shall be held within a refrigerated facility.

Source: SL 1988, ch 283, § 16.


34-26A-17 Unauthorized persons not permitted in crematory area.
     34-26A-17.   Unauthorized persons not permitted in crematory area. No unauthorized person may be permitted in the crematory area while any human remains are in the crematory area awaiting cremation, being cremated, or being removed from the cremation chamber.

Source: SL 1988, ch 283, § 17.


34-26A-18 Simultaneous cremations forbidden absent written authorization--Authorization as exemption...
     34-26A-18.   Simultaneous cremations forbidden absent written authorization--Authorization as exemption from liability for commingling. The unauthorized, simultaneous cremation of the human remains of more than one person within the same cremation chamber is forbidden, unless the crematory authority has received specific written authorization to do so from all authorizing agents for the human remains to be so cremated. A written authorization exempts the crematory authority from all liability for commingling of the product of the cremation process.

Source: SL 1988, ch 283, § 18.


34-26A-19 Verification of identification before cremation.
     34-26A-19.   Verification of identification before cremation. Immediately before being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be verified by the crematory authority and the identification shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete.

Source: SL 1988, ch 283, § 19.


34-26A-20 Removal and processing of residue.
     34-26A-20.   Removal and processing of residue. Upon completion of the cremation, in so far as is possible, all of the recoverable residue of the cremation process shall be removed from the cremation chamber. In so far as possible, all residual of the cremation process shall be separated from anything other than bone fragments and then be processed so as to reduce them to an unidentifiable particle. Anything other than the particles shall be removed from the cremated residuals and shall be disposed of by the crematory authority.

Source: SL 1988, ch 283, § 20.


34-26A-21 Packing of cremated remains--Temporary container--Shipping.
     34-26A-21.   Packing of cremated remains--Temporary container--Shipping. Cremated remains shall be packed according to the following subdivisions:
             (1)      The cremated remains with proper identification shall be placed in a temporary container or urn. The temporary container or urn contents may not be contaminated with any other object, unless specific authorization has been received from the authorizing agent;
             (2)      The cremated remains with proper identification shall be placed within the temporary container or urn ordered by the authorizing agent. If the cremated remains within the temporary container or urn do not adequately fill its interior dimensions, the extra space may be filled with shredded paper, clean, absorbent cotton or comparable material, and the lid or top securely closed;
             (3)      If the cremated remains will not fit within the dimensions of a temporary container or urn the remainder of the cremated remains shall be returned to the authorizing agent or its representative in a separate container;
             (4)      If a temporary container is used to return the cremated remains, the container shall be placed in a suitable box and all box seams taped closed to increase the security and integrity of the container. The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained therein and the name of the cremation authority; and
             (5)      If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be packed securely in a suitable cardboard box and all seams taped closed to increase the security and integrity of the container. Cremated remains shall be shipped only by a method which has an internal tracing system available and which provides a receipt signed by the person accepting delivery.

Source: SL 1988, ch 283, § 21.


34-26A-22 Statement by authorizing agent specifying disposition of cremated remains--Retention of co...
     34-26A-22.   Statement by authorizing agent specifying disposition of cremated remains--Retention of copy. The authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the ultimate disposition of the cremated remains. A copy of this statement shall be retained by the crematory authority.

Source: SL 1988, ch 283, § 22.


34-26A-23 Responsibility of authorizing agent for disposition--Disposal of unclaimed remains--Reimbu...
     34-26A-23.   Responsibility of authorizing agent for disposition--Disposal of unclaimed remains--Reimbursement--Record--Discharge from liability. The authorizing agent is responsible for the disposition of the cremated remains. If, after a period of thirty days from the date of cremation, the authorizing agent has not specified the ultimate disposition or claimed the cremated remains, the crematory authority or the person in possession of the cremated remains may dispose of the cremated remains in any manner permitted by law. The authorizing agent is responsible for reimbursing the crematory authority for all reasonable expenses incurred in disposing of the cremated remains pursuant to this section. A record of such disposition shall be made and kept by the person making the disposition. Upon disposing of cremated remains under this section, the crematory authority or person in possession of the cremated remains is discharged from any legal obligation or liability concerning the cremated remains. This provision applies to all cremated remains currently in the possession of a crematory authority or other party.

Source: SL 1988, ch 283, § 23.


34-26A-24 Where cremated remains may be disposed of--Consent of property owner.
     34-26A-24.   Where cremated remains may be disposed of--Consent of property owner. In addition to disposing of cremated remains in a crypt, niche, grave, or scattering garden located in a dedicated cemetery, or by scattering over the sea or other public waterways pursuant to § 34-26A-27, cremated remains may be disposed of in any manner on the private property of a consenting owner, upon direction of the authorizing agent. If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the crematory authority, with the written consent of the property owner and the legal description of the property.

Source: SL 1988, ch 283, § 24.


34-26A-25 Commingling of cremated remains prohibited--Exceptions.
     34-26A-25.   Commingling of cremated remains prohibited--Exceptions. Except with the express written permission of the authorizing agent, no person may:
             (1)      Dispose of or scatter cremated remains in such a manner or in such a location that the cremated remains are commingled with those of another person. The provisions of this subdivision do not apply to the scattering of cremated remains at sea or by air from individual closed containers or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for such purposes; or
             (2)      Place cremated remains of more than one person in the same closed container. This subdivision does not apply to placing the cremated remains of members of the same family in a common closed container designed for the cremated remains of more than one person.

Source: SL 1988, ch 283, § 25.


34-26A-26 Delivery of cremated remains--Receipt--Transportation of remains.
     34-26A-26.   Delivery of cremated remains--Receipt--Transportation of remains. Cremated remains shall be delivered by the crematory authority to the individual specified by the authorizing agent on the cremation authorization form. The representative of the crematory authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased, and the date, time, and place of receipt. The crematory authority shall retain a copy of this receipt. After this delivery, the cremated remains may be transported in any manner in this state, without a permit, and disposed of in accordance with the provisions of this chapter.

Source: SL 1988, ch 283, § 26.


34-26A-27 Scattering of cremated remains--Filing of statement with local registrar--Release of remai...
     34-26A-27.   Scattering of cremated remains--Filing of statement with local registrar--Release of remains by crematory authority--Violation as misdemeanor. Cremated remains may be scattered over a public waterway or sea, or on the private property of a consenting owner pursuant to the provisions of this chapter, if they are reduced to a particle size of one-eighth inch or less. A person may utilize a boat or airplane to perform the scattering. Cremated remains shall be removed from their closed container before they are scattered. Any person who scatters human remains, pursuant to this section, shall file with the local registrar of births and deaths, in the county nearest the point where the cremated remains are to be scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains are to be scattered, and any other information that the local registrar of births and deaths may require. If cremated remains are to be scattered pursuant to this section, the crematory authority may not release the cremated remains to the authorizing agent until the crematory authority has been provided with a receipt indicating that the proper filing has been made with the local registrar of births and deaths. The scattering of cremated remains in violation of this section is a Class 2 misdemeanor.

Source: SL 1988, ch 283, § 27; SL 2000, ch 173, § 2; SL 2013, ch 160, § 1.


34-26A-28 Cremation authorization form as warranty of identity, authority, etc.--Liability of person...
     34-26A-28.   Cremation authorization form as warranty of identity, authority, etc.--Liability of person signing form. Any person signing a cremation authorization form is deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that person's authority to order the cremation. Any person signing a cremation authorization form is personally and individually liable for all damage occasioned thereby and resulting therefrom.

Source: SL 1988, ch 283, § 28.


34-26A-29 Right of crematory authority to cremate on receipt of authorization form--Immunity from li...
     34-26A-29.   Right of crematory authority to cremate on receipt of authorization form--Immunity from liability--Exception. A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. No crematory authority that cremates human remains pursuant to an authorization or that releases or disposes of the cremated remains pursuant to an authorization, unless the crematory authority has actual knowledge that the representations contained in the cremation authorization form were untrue, is liable for such cremation.

Source: SL 1988, ch 283, § 29.


34-26A-30 Crematory authority not responsible for valuables.
     34-26A-30.   Crematory authority not responsible for valuables. No crematory authority is responsible or liable for any valuables delivered to the crematory authority with human remains.

Source: SL 1988, ch 283, § 30.


34-26A-31 Refusal to accept body or perform cremation--When crematory authority not liable--Court or...
     34-26A-31.   Refusal to accept body or perform cremation--When crematory authority not liable--Court order or resolution of dispute. No crematory authority is liable for refusing to accept a body or to perform a cremation until it receives a court order or other suitable confirmation that a dispute has been settled if:
             (1)      It is aware of any dispute concerning the cremation of human remains;
             (2)      It has a reasonable basis for questioning any of the representations made by the authorizing agent; or
             (3)      For any other lawful reason.

Source: SL 1988, ch 283, § 31.


34-26A-32 Refusal to release cremated remains--When crematory authority not liable--Court order or r...
     34-26A-32.   Refusal to release cremated remains--When crematory authority not liable--Court order or resolution of dispute. If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release of disposition of the cremated remains. A crematory authority is not liable for refusing to release or dispose of cremated remains in accordance with this section.

Source: SL 1988, ch 283, § 32.


34-26A-33 Promulgation of rules by department--Contents--Adoption of rules by crematory authority.
     34-26A-33.   Promulgation of rules by department--Contents--Adoption of rules by crematory authority. The board shall promulgate reasonable rules pursuant to chapter 1-26 as may be consistent with this chapter governing the cremation of human remains. The rules specifically shall include the minimum standards of sanitation, refrigeration, required equipment, and fire protection for all crematories which the board may deem necessary for the protection of the public. A crematory authority may adopt reasonable rules, not inconsistent with this chapter, for the management and operation of a crematory.

Source: SL 1988, ch 283, § 33; SL 1998, ch 211, § 5.


34-26A-34 Maintenance of crematory in violation of chapter as nuisance--Abatement.
     34-26A-34.   Maintenance of crematory in violation of chapter as nuisance--Abatement. Maintenance or operation of a building or structure within this state as a crematory in violation of the provisions of this chapter or the rules of the department adopted pursuant thereto is a public nuisance and may be abated as provided by law.

Source: SL 1988, ch 283, § 34.


34-26A-35 Holding self out as crematory authority without license or performing cremation without au...
     34-26A-35.   Holding self out as crematory authority without license or performing cremation without authorization form as misdemeanor. Holding oneself out to the public as a crematory authority without being licensed under this chapter, or performing a cremation without a cremation authorization form signed by an authorizing agent is a Class 1 misdemeanor.

Source: SL 1988, ch 283, § 35.


34-26A-36 Knowingly signing false authorization form as misdemeanor.
     34-26A-36.   Knowingly signing false authorization form as misdemeanor. Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information is a Class 1 misdemeanor.

Source: SL 1988, ch 283, § 36.


34-26A-37 Pre-need contract to specify ultimate disposition of cremated remains--Compliance with con...
     34-26A-37.   Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability. Any pre-need contract sold by, or pre-need arrangements made with, a cemetery, funeral establishment, or any other party, that includes a cremation, shall specify the ultimate disposition of the cremated remains, and that portion of the agreement shall be initialed by the individual making the arrangements. If no additional or different instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority may release or dispose of the cremated remains as indicated in the pre-need agreement. Upon compliance with the terms of the pre-need agreement, the crematory authority is released from any liability concerning the disposition of the cremated remains.

Source: SL 1988, ch 283, § 37.


34-26A-38 Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of cremat...
     34-26A-38.   Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of crematory authority--Transfer or cancellation--Notice to department and crematory authority. Any person, on a pre-need basis, may authorize his own cremation and the disposition of his cremated remains, on a pre-need cremation authorization and signed by the person as authorizing agent and by two witnesses. The person may designate the crematory authority. A copy of this form shall be retained by the person and a copy sent to the crematory authority, if designated. The person may transfer or cancel this cremation authorization at any time before his death, by providing written notice to the department and crematory authority, if applicable.

Source: SL 1988, ch 283, § 38.


34-26A-39 Disposition of remains of deceased in accordance with pre-need authorization form--Best ef...
     34-26A-39.   Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements. At the time of a person's death, any person in possession of an executed pre-need cremation authorization form and any person charged with making arrangements for the final disposition of the deceased who has knowledge of the existence of an executed pre-need cremation authorization form, shall use his best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form.

Source: SL 1988, ch 283, § 39.


34-26A-40 Crematory authority to comply with pre-need authorization form--Immunity from liability.
     34-26A-40.   Crematory authority to comply with pre-need authorization form--Immunity from liability. If a completed pre-need cremation authorization form is in the possession of, or is provided to, a crematory authority and the crematory authority is in possession of the designated human remains, the crematory authority shall cremate the human remains and dispose of the cremated remains pursuant to the instructions contained on the pre-need cremation authorization form, and may do so without any liability.

Source: SL 1988, ch 283, § 40.


34-26A-41 Employment of licensed funeral director.
     34-26A-41.   Employment of licensed funeral director. A crematory authority may employ a licensed funeral director for the purpose of arranging cremations with the general public, transporting human remains to the crematory, and processing all necessary paperwork.

Source: SL 1988, ch 283, § 41; SL 2014, ch 170, § 2.


Title 34

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