32-1399

32-1399. Crematories; standards of
practice

The board shall adopt rules that establish standards equivalent to section 32-1307,
subsection A, paragraph 5 for the regulation of crematories and cremation and that
include the following:

1. A crematory shall develop, implement and maintain a written procedure for the
identification of human remains that ensures that remains can be identified from the time
that a crematory accepts the delivery of the remains until the cremated remains are
released to the authorizing agent. The identification procedures shall require the
crematory to comply with the requirements of this section. The crematory shall not open a
container containing human remains, except under the personal supervision of a licensed
funeral director or embalmer. After taking custody of human remains, a crematory shall
immediately verify the identification attached to the casket or cremation container and
assign an identification number. The crematory shall not accept unidentified caskets or
cremation containers. The identification shall include the name and address of the
deceased, the name and relationship of the authorizing agent, the name of the person or
entity engaging the crematory services, a valid cremation permit issued by a government
agency and a metal cremation disk containing the identification number. The disk shall be
placed with the deceased during cremation.

2. If a crematory is unable to cremate the human remains immediately after taking
custody, the crematory shall store the remains in a holding facility that is secure from
access by anyone other than employees of the crematory and public officials in the
performance of their duty and that complies with applicable public health laws, preserves
the dignity of the human remains and protects the health of employees of the crematory.

3. A crematory shall not accept a casket or cremation container from which there is
evidence of leakage of body fluids from the human remains and shall not hold human
remains for cremation unless they are contained in an individual, closed casket or rigid
cremation container of combustible material that preserves the dignity of the human
remains and that protects the health of employees of the crematory. Human remains that
are not embalmed shall be held by the crematory in a refrigerated holding facility or in
compliance with applicable public health laws.

4. All body prostheses, bridgework or similar items removed from the cremated
remains shall be disposed of by the crematory unless an alternative disposition is agreed
to in the authorization to cremate.

5. After cremation, the crematory as far as practicable shall remove visible parts
of the residual of the cremation process from the retort, shall not combine the cremated
or processed remains with other cremated or processed remains and shall attach the
identification of the cremated or processed remains to the temporary container or urn
into which the remains are placed.

6. The crematory shall place cremated or processed remains in a temporary container
or urn. Extra space may be filled with clean packing material that will not combine with
the cremated or processed remains. The lid or top shall be securely closed. Any cremated
or processed remains that do not fit in the temporary container or urn shall be returned
in a separate container or, with permission of the authorizing agent, disposed of by the
crematory.

7. A crematory may dispose of cremated or processed remains in any legal manner
directed by a document prepared pursuant to section 32-1365.01 or agreed to by the
authorizing agent. If the authorizing agent agrees to take possession and does not take
possession of the remains within thirty days after cremation or on an agreed date, the
crematory shall send written notice to the last known address of the authorizing agent to
take possession. Ninety days after the notification is sent or delivered, the crematory
may dispose of the cremated or processed remains in any legal manner.

8. Unless the deceased has prepared a document pursuant to section 32-1365.01, the
crematory shall obtain an authorization to cremate from the authorizing agent that shall
contain a provision holding the crematory harmless for the disposition of unclaimed
cremated or processed remains.

9. All employees of the crematory who handle dead human bodies shall use universal
precautions and shall otherwise exercise reasonable care to minimize the risk of
transmitting any communicable disease from a dead human body.

10. Unless the deceased has prepared a document pursuant to section 32-1365.01,
employees of the crematory shall not remove a dead human body from the container in which
it is delivered to the crematory without the express written consent of the authorizing
agent. If, after accepting a dead human body for cremation, employees of a crematory
discover that a mechanical or radioactive device is implanted in the body, an embalmer
licensed pursuant to article 2 of this chapter shall remove the device from the body
before cremation takes place.

11. A crematory shall keep an accurate record of all cremations performed, including
dispositions of cremated and processed remains, for not fewer than five years after the
cremation.