Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA
Section 144-227-5 - CREMATION PROCEDURES

Universal Citation: 10 ME Code Rules ยง 144-227-5

Current through 2024-38, September 18, 2024

A.Unless otherwise provided by law, human remains may not be cremated within 48 hours after the time of death, as indicated on the medical certificate of death. In the event that such death is under the authority of the Office of Chief Medical Examiner, the Crematorium Authority may only receive the human remains after that Office authorizes such cremation in writing.

(1) In no instance may the lapse of time between the death and any cremation be less than 48 hours, unless such death was a result of an infectious, contagious or communicable and dangerous disease, and such time requirement is waived in writing by the medical examiner, pursuant to 32 M.R.S.A. §1405.

(2) Human remains must be delivered to a crematorium in a cremation container. Human remains may not be removed from the cremation container, and the cremation container must be cremated with the human remains, unless the Crematorium Authority has been provided with written instructions to the contrary by the authorized person.

B.No human remains may be cremated with a pacemaker or other potentially hazardous implant in place. The authorized person is ultimately responsible for ensuring that any pacemakers or hazardous implants are removed, prior to cremation.

C.A Crematorium Authority must hold human remains prior to their cremation, according to the following provisions of this Subsection:

(1) Whenever storage of human remains at the licensed facility is necessary, the Crematorium Authority must store the human remains in a manner that ensures the health and safety of the facility operators and employees. The human remains must be stored in a cool environment, unless the human remains were embalmed.

(2) A Crematorium Authority is not required to accept a cremation container for holding from which there is evidence of leakage of the body fluids from the human remains therein.

D.No unauthorized person is permitted in the crematorium area while any human remains are in the crematorium area awaiting cremation, being cremated or being removed from the cremation chamber.

E.The unauthorized, simultaneous cremation of the human remains of more than one adult person within the same cremation chamber is prohibited, unless the Crematorium Authority has received specific written authorization to do so from all authorized persons for the human remains to be so cremated. The simultaneous cremation of the human remains of one adult and one or more children is prohibited, unless the Crematorium Authority has received specific written authorization to do so from all authorized persons for the human remains to be so cremated.

F.Immediately prior to being placed within the cremation chamber, the Crematorium Authority must verify the identity of the human remains, as indicated on the cremation container, and the identification must be removed from the cremation container and placed near the cremation chamber control panel where it must remain in place until the cremation process is complete.

G.Upon completion of the cremation, all recoverable residue of the cremation process must be removed from the cremation chamber, if possible. The Crematorium Authority must also, if possible, separate all residual of the cremation process from anything other than bone fragments. The bone fragments must then be processed to reduce them to an unidentifiable particle. Anything other than the particles must be removed from the cremated residuals as thoroughly as possible and disposed of by the Crematorium Authority.

H.Cremated remains must be packed according to the following provisions of this Subsection:

(1) The cremated remains with proper identification must be placed in a temporary container or urn. The temporary container or urn contents must be packed in clean packing materials to avoid contamination by any other object, unless specific authorization has been received from the authorized person or as provided in Section 5(H) (2) of these Rules. The temporary container must contain a label disclosing that the temporary container may not be used for permanent storage of the cremated remains in a niche, crypt, cremation interment container or interment space.

(2) The cremated remains with proper identification must be placed within the temporary container or urn ordered by the authorized person.

(3) If the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains must be returned in a separate container to the authorized person or a representative thereof. This separate container must be attached to the first container or urn, with both containers being marked as together.

(4) When a temporary container is used to return the cremated remains, that container must be placed in a suitable box and all box seams taped closed to increase the integrity of that container. The outside of the container must be clearly identified with the name of the deceased person whose cremated remains are contained therein, the name of the Crematorium Authority and wording that the container is a temporary container.

(5) If the cremated remains are being shipped, the temporary container or designated receptacle ordered by the authorized person must be packed securely in a suitable, sturdy and pressure-resistant container, which is sealed properly. Cremated remains must be shipped only by a method which has an internal tracking system available and which provides a receipt signed by the person accepting delivery.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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