ยง338-25.5 - Disinterment of human bodies.
ยง338-25.5ย Disinterment of human bodies.ย (a)ย No corpse, nor the remains of any dead human body, exclusive of ashes,shall be exposed, disturbed, or removed from its place of burial, nor shall thereceptacle, container, or coffin holding the remains or corpse be opened,removed, or disturbed after due interment, except upon written application madeto the director of health for a permit therefor and upon the issuance andaccording to the terms of a permit granted therefor by the director.ย After anyremoval or disturbance the grave shall be filled at once and restored to itsformer condition.
(b)ย Notwithstanding the provisions ofsubsection (a), the department of land and natural resources pursuant tosections 6E-43 and 6E-43.6 may authorize exposure, removal, disinterment, orany other act without obtaining a permit from the department of health. [L1921, c 111, ยง1; RL 1925, ยง4493; RL 1935, ยง5800; am L 1937, c 195, ยง1; RL 1945,ยง11200; RL 1955, ยง276-1; am L Sp 1959 2d, c 1, ยง19; HRS ยง734-1; ren L 1972, c9, pt of ยง1; am L 1990, c 306, ยง14]