State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_125

§ 90‑210.125.  Authorization to cremate.

(a)        A crematory licensee shall not cremate human remains untilit has received a cremation authorization form signed by an authorizing agent.The cremation authorization form shall be prescribed by the Board and shallcontain at a minimum the following information:

(1)        The identity of the human remains and confirmation that thehuman remains are in fact the individual so named.

(2)        The time and date of death of the decedent.

(3)        The name and address of the funeral establishment and/or thefuneral director that obtained the cremation authorization.

(4)        The name and address of the crematory to be in receipt ofthe human remains for the purpose of cremation.

(5)        The name and address of the authorizing agent, the relationshipbetween the authorizing agent and the decedent, and the date and time ofsignature of the authorizing agent.

(6)        A representation that the authorizing agent does in facthave the right to authorize the cremation of the decedent and that theauthorizing agent is not aware of any living person who has a superior priorityright to that of the authorizing agent, as set forth in G.S. 90‑210.124.Or, in the event that there is another living person who does have a superiorpriority right to that of the authorizing agent, a representation that theauthorizing agent has made all reasonable efforts to contact such person, hasbeen unable to do so, and has no reason to believe that such person wouldobject to the cremation of the decedent.

(7)        A representation that the authorizing agent has eitherdisclosed the location of all living persons with an equal right to that of theauthorizing agent, as set forth in G.S. 90‑210.124, or does not know thelocation of any other living person with an equal right to that of theauthorizing agent.

(8)        Authorization for the crematory to cremate the humanremains, including authorization to process or pulverize the cremated remains.

(9)        A representation that the human remains do not contain apacemaker or any other material or implant that may be potentially hazardous tothe person performing the cremation.

(10)      The name of the person authorized to receive the crematedremains from the crematory licensee.

(11)      The manner in which final disposition of the cremated remainsis to take place, if known. If the cremation authorization form does notspecify final disposition in a grave, crypt, niche, or scattering area, thenthe form shall indicate that the cremated remains will be held by the crematorylicensee for 30 days before they are disposed of, unless they are received fromthe crematory licensee prior to that time, in person, by the authorizing agentor his designee.

(12)      The signature of the authorizing agent attesting to theaccuracy of all representations contained on the cremation authorization form,except as set forth in subsection (b) of this section.

(13)      If a cremation authorization form is being executed on apreneed basis, the cremation authorization form shall contain the disclosurerequired by G.S. 90‑210.126. The authorizing agent may specify in writingreligious practices that conflict with Article 13 of this Chapter. Thecrematory licensee and funeral director shall observe those religious practicesexcept where they interfere with cremation in a licensed crematory as specifiedunder G.S. 90‑210.123 or the required documentation and record keeping.

(14)      A licensed funeral director of the funeral establishment orcrematory licensee that received the cremation authorization form shall alsosign the cremation authorization form. Such individual shall not be responsiblefor any of the representations made by the authorizing agent, unless suchindividual has actual knowledge to the contrary, except for the informationrequested by subdivisions (a)(1), (2), (3), (4), and (9) of this section, whichshall be considered to be representations of the individual. In addition, thefuneral director shall warrant to the crematory that the human remainsdelivered to the crematory licensee are the human remains identified on thecremation authorization form with any other documentation required by thisState, any county, or any municipality.

(b)        An authorizing agent who signs a cremation authorizationform shall be deemed to warrant the truthfulness of any facts set forth on thecremation authorization form, including that person's authority to order thecremation, except for the information required by subdivisions (a)(4) and (9)of this section, unless the authorizing agent has actual knowledge to thecontrary. An authorizing agent signing a cremation authorization form shall bepersonally and individually liable for all damages occasioned thereby andresulting therefrom.

(c)        A crematory licensee shall have the legal right to crematehuman remains upon the receipt of a cremation authorization form signed by anauthorizing agent. There shall be no liability for a crematory licensee thatcremates human remains pursuant to such authorization, or that releases ordisposes of the cremated remains pursuant to such authorization, except for suchcrematory licensee's gross negligence, provided that the crematory licenseeperforms such functions in compliance with the provisions of this Article.There shall be no liability for a funeral establishment or licensee thereofthat causes a crematory licensee to cremate human remains pursuant to suchauthorization, except for gross negligence, provided that the funeralestablishment and licensee thereof and crematory licensee perform theirrespective functions in compliance with the provisions of this section.

(d)        After the authorizing agent has executed a cremationauthorization form and prior to the commencement of the cremation, theauthorizing agent may revoke the authorization and instruct the crematorylicensee to cancel the cremation and to release or deliver the human remains toanother crematory licensee or funeral establishment. Such instructions shall beprovided to the crematory licensee in writing. A crematory licensee shall honorany instructions given to it by an authorizing agent under this section,provided that it receives such instructions prior to commencement of thecremation of the human remains. (2003‑420, s.2.)