32-1398

32-1398. Crematories; disciplinary action;
acts of crematory

A. The board may take disciplinary action against a crematory or an agent or
employee of a crematory for any of the following acts:

1. Unless otherwise permitted by law, selling or offering to sell a cremation that
is not arranged by a funeral establishment licensed pursuant to article 4 of this
chapter. This paragraph does not prohibit charging a cremation fee.

2. Unless otherwise permitted by law, selling or offering to sell any funeral goods
or services other than cremation.

3. Cremating or causing the cremation of a dead human body before obtaining
certification from the county medical examiner or person performing the duties of the
county medical examiner pursuant to section 11-599 and, if the deceased person did not
execute a document authorizing the deceased person's cremation pursuant to section
32-1365.01, before obtaining express written consent to cremate the body from the
authorizing agent pursuant to section 32-1365.02.

4. Using a retort for any purpose other than the cremation of human remains.

5. Cremating more than one dead human body at the same time in the same retort
without the express written consent of the authorizing agents.

6. Introducing a second dead human body into a retort before reasonable efforts
have been made to remove all fragments of the cremated remains from the preceding
cremation without the express written consent of the authorizing agents. Incidental and
unavoidable residue remaining in a retort after a cremation does not constitute a
violation of this paragraph.

7. Introducing the cremated human remains of a second dead human body into a
processor before the termination of the processing of the cremated human remains that
were previously in the processor and before reasonable efforts have been made to remove
all fragments of cremated remains from the preceding processing without the express
written consent of the authorizing agents. Incidental and unavoidable residue remaining
in a processor after a processing does not constitute a violation of this paragraph.

8. Retaining any accumulated human residue from any retort, processor, container or
other equipment used in cremation. A crematory shall dispose of all accumulated human
residue in a cemetery in accordance with the rules of the cemetery and any applicable
local ordinances.

9. Selling or offering for sale anything of value obtained as a result of the
cremation process.

10. Violating any provision of this chapter or a rule adopted pursuant to this
chapter.

B. The acts of an agent or employee of a crematory that violate this chapter or
rules adopted pursuant to this chapter shall be deemed to be acts of the crematory.