State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_134

§ 90‑210.134.  Rulemaking, applicability,violations, and prohibitions of Article.

(a)        The Board is authorized to adopt and promulgate such rulesfor the carrying out and enforcement of the provisions of this Article as maybe necessary and as are consistent with the laws of this State and of theUnited States. The Board may develop a Standard Cremation Authorization Formand procedures for its execution that shall be used by the crematory licenseesubject to this Article, unless a crematory has its own form approved by theBoard. A crematory licensee that uses its own approved cremation authorizationform must have the cremation authorization form reapproved if changed or afteramendments are made to this Article or the rules adopted by the Board related tocremation authorization forms. The Board may perform such other acts andexercise such other powers and duties as may be provided in this Article, inArticle 13A of this Chapter, and otherwise by law and as may be necessary tocarry out the powers herein conferred.

(b)        The provisions of this Article shall not apply to thecremation of medical waste performed by the North Carolina AnatomicalCommission, licensed hospitals and medical schools, and the office of the ChiefMedical Examiner when the disposition of such medical waste is the legalresponsibility of the institutions.

(c)        A violation of any of the provisions of this Article is aClass 2 misdemeanor.

(d)        No person, firm, or corporation may request or authorizecremation or cremate human remains when the person, firm, or corporation hasinformation indicating a crime or violence of any sort in connection with thecause of death unless such information has been conveyed to the State or countymedical examiner and permission from the State or county medical examiner tocremate the human remains has thereafter been obtained. (1989 (Reg. Sess., 1990), c. 988, s. 1; 1993, c. 539, s. 640; 1994 Ex.Sess., c. 24, s. 14(c); 2003‑420, s. 2.)