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authority shall retain a copy of the burial transit permit and shall send the permit, along with the cremated remains, to the cemetery, which shall file the permit with the interment, entombment, inurnment, or scattering has taken place. F. All cemeteries shall maintain a record of all cremated remains that are disposed of on their property, provided that the cremated remains were properly transferred to the cemetery and the cemetery issued a receipt acknowledging the transfer of cremated remains. Explanation Document Retention and Destruction policies are important tools to encourage to support this section. State or provincial legislators should also consider allowing the scanning and digital storage of documents and future adoption of new technologies. PART 6: CREMATION CONTAINERS A. Human remains must be delivered to a crematory in a cremation container. Human remains shall not be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the Crematory Authority has been provided with written instructions to the contrary by the Authorizing Agent. No Crematory Authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor shall the crematory refuse to accept human remains for cremation for the reason that they are not in a casket. PART 7: CREMATION PROCEDURES A. Human remains shall not be cremated until all civil and state or provincial requirements have been met. Explanation Cremation is an irreversible process and occasionally it may be necessary for legal reasons to delay cremations in order for legal authorities to examine a body or for proper identification. Accordingly, a cremation should be delayed for a reasonable period to allow for the legal authorities to act. B. No human remains shall be knowingly cremated with battery-operated implant or other potentially hazardous implant in place. Exceptions can be made with written authorization by equipment manufacturers stating their process allowing for implants will not cause any hazards to the operator’s safety or the equipment. The Authorizing Agent for the cremation of the human remains shall be responsible for informing the funeral director about a pacemaker or other potentially hazardous implant. The Authorizing Agent shall be ultimately responsible to ensure that any pacemakers or hazardous implants are removed prior to cremation. Explanation Page 10 of 13 Traditionally, pacemakers and other battery-powered devices could explode when subjected to the high heat of a crematory and thus had to be removed to prevent harm to the operator or damage to the equipment. As medicine continues to advance, implants including deep brain stimulators, radioactive seeds, and dental work may need to be removed for safety, but changes to their energy source or chemical components may bring exceptions. Businesses should inquire about all decedents’ treatments to prevent harm and check manufacturer recommendations regarding cremation. C. A Crematory Authority shall hold human remains, prior to their cremation, according to the following provisions of this Subsection: (1) Whenever a Crematory Authority is unable to cremate the human remains immediately upon taking custody thereof, the Crematory Authority shall place the human remains in a proper refrigeration facility, unless the human remains have been embalmed. (2) A Crematory Authority shall not be required to accept for holding a cremation container from which there is damage or evidence of leakage of the bodily fluids from the human remains therein. D. No unauthorized person shall be permitted in the crematory area while any human remains are in the crematory area awaiting cremation, being cremated or being removed from the cremation chamber unless they have prearranged witnessing the cremation process with the business beforehand. E. The unauthorized, simultaneous cremation of the human remains of more than one person within the same cremation chamber is not allowed unless the Crematory Authority shall have received specific written authorization to do so from all Authorizing Agents for the human remains to be so cremated. A written authorization shall exempt the Crematory Authority from all liability for co-mingling of the remains during the cremation process. F. Immediately prior to being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be verified by the Crematory Authority and the identification shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete. G. Upon completion of the cremation, and insofar as is possible; all of the reasonably recoverable residue of the cremation process shall be removed from the cremation chamber. Insofar as possible, all residue of the cremation process (not from the human body or cremation container, but including non-organic waste, including but not limited to metallic particles, implants and other foreign objects) shall then be separate from anything other than bone fragments and then processed so as to reduce them to an unidentifiable particle.
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