New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 203 - Crematory Regulations
Section 203.6 - Opening container or removing or transferring remains

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 203.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The container holding the remains of the deceased human being shall be opened after delivery to the crematory only for the following purposes and only after the crematory first receives signed authorization for such action:

(1) to confirm the identity of the deceased;

(2) to assure that no material is enclosed which might cause injury to employees or damage to crematory property;

(3) to transfer the remains to a cremation container;

(4) to comply with any reasonable demand by members of the immediate family or the person in control of disposition; or

(5) to comply with the demand of a public officer in the discharge of the officer's statutory duty.

(b) After delivery of the remains of a deceased human being to a crematory, any opening of the container or transfer or removal of remains may only be conducted by the licensed, registered funeral director, undertaker or registered resident delivering the remains of the deceased human being with the assistance of crematory personnel if necessary. The opening, transfer, or removal shall be performed in the presence of a witness who may be an employee or representative of the crematory. A record shall be made of the action taken, which record shall include the reason for such action, the signature of the person authorizing the action, the names of the persons conducting the opening, transfer or removal and the names of the witnesses thereof. In the case of a transfer of remains, the record shall also set forth the manner of disposition of the original container. The record shall be retained in the permanent file of the crematory.

(c) The person providing the signed authorization must be someone other than an employee, officer, trustee or other representative of the crematory. In the case of a removal of remains, the signed authorization shall be provided by the person in control of disposition or by a public officer discharging the officer's statutory duty.

(d) The opening of a container or the transfer or removal of remains shall be conducted in privacy with dignity and respect and shall comply with all rules and regulations intended to protect the health and safety of crematory personnel.

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