Current through Register Vol. 28, No. 3, September 1, 2024
13.1
Definitions
"Certified Crematory Operator" means a natural person who
has received official certification as a crematory operator from CANA, ICCFA or
another officially recognized certification agency approved by the
Board.
"Cremated Human Remains/Cremains" means all particulate
matter of a deceased human body following the cremation and subsequent
mechanical pulverization of the remains.
"Cremation Process" means the procedure necessary to render
a human remains to a particulate and ash consistency using extreme heat, cold,
direct fire or any other type of thermal process.
"Cremator/Retort" means the mechanical combustion chamber
in which cremation of a deceased human body takes place.
"Crematory/Crematorium" means a facility which houses the
mechanical equipment and appurtenances used during the cremation of a deceased
human body.
"Offsite crematory/crematorium" means a facility which
houses the mechanical equipment and appurtenances used during the cremation of
a deceased human body and is not located within the confines of a funeral
establishment or adjacent to the funeral establishment.
"Onsite funeral home crematory/crematorium" means a
facility which houses the mechanical equipment and appurtenances used in the
cremation of a deceased human body when the facility is located within the
confines of funeral establishment or adjacent to the funeral
establishment.
13.2
Cremation
13.2.1 An identifying label, tag or
other bracelet shall be used and placed on the decedent at the time of
identification if one has not already been affixed at the time of transfer to
the care of the funeral home. At the conclusion of cremation, a delivery
receipt to the receiving party of the cremated remains shall be signed and
maintained by the crematory/crematorium of record along with a copy of the
formal identification of the decedent by the funeral home of record.
13.2.2 All portions of cremated remains shall
have identification with the name of the decedent and name of the crematory
performing cremation affixed to the outside of the vessel in some fashion as
well as the inside of the vessel, with the exception of cremation jewelry.
Labeling shall be present on the outside of the box or container holding the
cremation jewelry.
13.2.3 A metal
cremation identification disc shall be utilized in the cremation chamber and
throughout the cremation process and shall be attached with the largest primary
portion of cremated remains.
13.2.4
No cremation of other than deceased human remains shall occur in any cremation
chamber at any time nor shall any processing equipment be utilized for any
other purposes other than for deceased human remains.
13.2.5 No cremation of more than 1 deceased
human remains shall occur in any cremation chamber at any time.
13.2.6 Comingling of cremated remains shall
only occur with formal written authorization by the legal next of
kin.
13.2.7 Following cremation,
the cremated human remains must be returned to the responsible party in a
secure container or vessel of no less construction than that of a minimum metal
material, ridged plastic material or heavy grade corrugated material. Any
container, if used, or any type of cremation urn shall be clearly affixed with
a label clearly identifying the contents, which shall include the name of
decedent, date of passing, date of cremation, name of funeral home and name,
address and phone number of the crematory of record.
13.2.8 All electronic and radio active
devices or implants, including pacemakers, defibrillators or radioactive pain
management seedings, shall be removed prior to cremation.
13.2.9 No funeral home licensed in this state
shall publicize themselves as a crematorium or crematory unless they have that
facility on premise or have a financial interest in a third party
crematory.
13.2.10 All Authority to
Cremate forms shall indicate the name and address of the cremation as well as
the location of refrigeration of the decedent prior to cremation, if the time
parameters require refrigeration.
13.2.11 All crematories and crematoriums
which are not part of a licensed funeral home operation must register with the
Board for an official establishment permit. The establishment shall meet the
requirements set forth by the Board in their regulations. No viewing of
decedents would be permitted at these types of crematories or
crematoriums.
13.2.12 Crematories
and Crematoriums which are part of a licensed funeral home operation and within
its confines or on an adjacent property to the immediate funeral home facility
would be considered an integral part of the operation and would not require
separate registration with the Board. The facility shall, however, be subject
to inspection at the time of the funeral home inspection. The crematorium
location shall be noted on the funeral home establishment permit at time of
licensing or renewal.
13.2.13
Crematories and crematoriums shall have a certified crematory operator on the
premises during the process of cremation.
13.2.14 Crematories and crematoriums shall
abide by all regulations and rules put forth by any state or federal agency
regarding emissions created from the act of cremation.
13.2.15 All individuals assisting in
crematory or crematorium operations, and hired after the effective date of
these regulations, must have a minimum of a GED.
13.2.16 Third party crematories and
crematoriums shall not hold un-embalmed human remains after their delivery to
their facility for a period longer than 6 hours prior to cremation unless the
facility has the capability to storage in refrigeration on premises at a
temperature not to exceed 38 degrees. Third party crematories and crematoriums
may only hold in refrigeration those human remains which have been delivered to
them along with all the necessary documentation for cremation for a period not
to exceed 24 hours. Third party crematories and crematoriums are not a
registered funeral home establishment; therefore, they shall not extend the
services of being a depository for the process of refrigeration. The
refrigeration system shall have its own secure locking system. The presence and
location of refrigeration shall be noted on the Crematory Establishment License
in the case of offsite crematory or the Funeral Home Establishment License in
the case of onsite funeral home crematory.
13.2.17 No third party crematory may hold
itself out to offer services direct to the public unless the facility meets all
the requirements of a funeral establishment.
13.2.18 No members of the general public may
permitted to witness the placement of a cremation container or casket into a
cremation chamber unless the crematory of record has this procedure as a
general company policy.
