Current through Register Vol. 46, No. 12, March 20, 2024
(a) Every
crematory shall maintain a cremation log which shall set forth for each
delivery of human remains received by the crematory:
(1) the name of the deceased;
(2) the place of death and the estimated
combined weight of the remains and the container;
(3) the date and time the remains arrived at
the crematory;
(4) the cremation
number;
(5) the name of the funeral
director, undertaker or registered resident delivering the human remains and
the name and address of the funeral firm which the funeral director, undertaker
or registered resident represents;
(6) the date and time the remains were
cremated;
(7) if the remains were
cremated more than 48 hours from the time the crematory accepted delivery of
the remains, a detailed explanation showing good cause for the delay;
(8) the retort number in which the remains
were cremated; and
(9) the type of
container in which the remains were received and in which the remains were
cremated.
(b) The
cremation log shall be retained in the permanent file of the
crematory.
(c) The cremation
authorization form required by Not-for-Profit Corporation Law section
1517(c)(1) shall be in a form established by the director of the Division of
Cemeteries; shall not be more than three sheets single-sided; shall not be
larger than 8 1/2 by 11 inches; and shall contain the following information:
(1) The name and address of the
crematory;
(2) A clear, concise
description of the cremation process, a statement that cremation is an
irreversible and final process, and a statement that cremated remains generally
are pulverized until no single fragment is recognizable as skeletal
tissue;
(3) The name of the
deceased as it appears on the cremation permit and the date, and place of
death;
(4) The last address, age,
sex and approximate weight of the deceased and type of container in which the
remains of the deceased were delivered;
(5) The name of the funeral director and
funeral firm that provided the cremation authorization to the crematory and the
funeral director's registration number;
(6) The name of the person in control of
disposition of the remains of the deceased and the relationship between said
person and the deceased;
(7) A
statement attesting that the person in control of disposition has the right to
authorize cremation of the remains of the deceased pursuant to section
4201 of the Public Health Law;
(8) Authorization for the crematory to
cremate the remains of the deceased;
(9) A statement that the body of the deceased
does not contain a battery, battery pack, power cell, radioactive implant, or
radioactive device and that any such materials were removed prior to the
execution of the cremation authorization form;
(10) The name of the person authorized to
receive the cremains from the crematory;
(11) A declaration of intent with respect to
the disposition of the cremains of the decedent and notification that the
crematory may dispose of the cremains in an irretrievable manner if they are
not claimed by any authorized person within 120 days of the cremation in
accordance with section 1517(i) of the Not-for- Profit Corporation
Law;
(12) The signature of the
person in control of disposition attesting to the accuracy and completeness of
the information and representations contained in the cremation authorization
form; and
(13) The signature of the
licensed, registered funeral director who obtained the cremation authorization
as a witness to the execution of the cremation authorization form.
(d) The completed cremation
authorization form shall be retained in the permanent file of the
crematory.
(e) All crematory
records, including records required by any federal, state or local government
law or agency, as well as price lists, authorizations, crematory rules and
regulations and other documents related to the practice of cremation, shall be
open and available for inspection and copying during regular business hours by
the Division of Cemeteries or its authorized representatives, in the discharge
of their official duties.
