New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 203 - Crematory Regulations
Section 203.4 - Identification of deceased human beings

Current through Register Vol. 44, No. 38, September 21, 2022

(a) No crematory shall accept the remains of any deceased human being without a cremation permit and a cremation authorization form as provided in section 203.13(c) of this Part. The cremation permit shall constitute presumptive evidence of the identity of the remains.

(b) If a crematory has a reasonable, well-grounded basis to doubt the identity of the remains, the cremation shall not commence until reasonable confirmation of the identity of the deceased human being has been made.

(c) The crematory shall, by a written plan available for inspection by the Division of Cemeteries, assure that the identification of the deceased, as established by the cremation permit or subsequent confirming document, accompanies the remains of the deceased human being until the identity of the deceased is accurately and legibly inscribed on the containers in which the cremains are placed. From the time the crematory accepts delivery of the remains of a deceased human being until the time the crematory delivers the cremains as directed, the crematory shall be responsible for the remains of the deceased human being and for maintaining the identification of the remains.

(d) If a document confirming the identity of the deceased is required, it shall be provided by the person in control of disposition and may be in the form of, but not limited to:

(1) a signed affidavit from a licensed physician, a member of the family of the deceased human being, or the person in control of disposition; or

(2) a court order from the State Supreme Court within the county of the crematory.

(e) A copy of the cremation permit and the document confirming the identity of the deceased shall be retained in the permanent file of the crematory.

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