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Cremated remains shall be delivered by the Crematory Authority to the individual specified by the Authorizing Agent on the cremation authorization form. The representative of the Crematory Authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased, and the date, time and place of the receipt, and other information set out in Section 5 (B) of this law. The Crematory Authority shall retain a copy of the receipt. After this delivery, the cremated remains may be transported in any manner in this state, without a permit, and disposed of in accordance with the provisions of this Act. Explanation States or province may choose to add language to this section concerning scattering and additional requirement of permitting and document retention. PART 9: LIMITATION OF LIABILITY A. Any person(s) signing a cremation authorization form as an authorizing agent shall be deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that person’s authority to order such cremation. A Crematory Authority and a funeral director shall have no liability for relying on the representations of the authorizing agent(s) in the cremation authorization form. B. A funeral director shall have the authority to arrange the cremation of human remains upon the receipt of a cremation authorization form signed by an authorizing agent. A Crematory Authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an Authorizing Agent. There shall be no liability for a funeral director or Crematory Authority that pursuant to such authorization arranges a cremation, cremates human remains pursuant to such authorization, or that releases or disposes of the cremated remains pursuant to such authorization. C. A Crematory Authority shall not be responsible or liable for any items delivered to the Crematory Authority with human remains. D. A Crematory Authority shall have the right to open the container and inspect the human remains prior to cremation by a representative to confirm identity of the decedent and the contents of the container. Page 12 of 13 Explanation This section has been added to empower crematory operators or managers to inspect contents of a container prior to cremation. This is an important protection for employee and equipment safety and may be considered with caveats such as requiring the presence of a funeral director. E. A funeral director who refuses to arrange a cremation and a Crematory Authority that refuses to accept a body or to perform a cremation shall not be liable for refusing to accept a body or to perform a cremation until they receive a court order or other suitable confirmation that a dispute has been settled if: (1) They are aware of any dispute concerning the cremation of human remains, (2) They have a reasonable basis for questioning any of the representations made by the Authorizing Agent, or (3) For any other lawful reason. If a funeral director or Crematory Authority is aware of any dispute concerning the release or disposition of the cremated remains, the funeral director or Crematory Authority may refuse to release the cremated remains until the dispute has been resolved or the funeral director or Crematory Authority has been provided with a court order authorizing the release or disposition of the cremated remains. Funeral directors and Crematory Authorities shall not be liable for refusing to release or dispose of cremated remains in accordance with this Subsection. Explanation The Limitation of Liability section is the most important part of any comprehensive cremation law. This section is usually enacted when it is explained that a crematory authority and funeral director are acting on representations of the authorizing agents and it is necessary that liability be limited, if the cremation is performed on the basis of those representations. Additionally, agreements that include mutual indemnification language are encouraged between funeral homes and third party crematories. PART 10: BATTERY-POWERED MEDICAL IMPLANTS If an authorizing agent informs the funeral director and the cremation authority on the cremation authorization form of the presence of a battery-powered medical implant in the human remains, then the funeral director shall also be responsible for ensuring that all necessary steps have been taken to discern the safety in the cremation of the implant or the necessity to remove the battery-powered medical implant before delivering the human remains to the crematory. Should the funeral director who delivers the human remains to the crematory fail to ensure that any potentially dangerous battery-powered medical implant has been removed from the human remains prior to delivery, and should the human remains be cremated with the battery-powered medical implant, then the funeral director who delivered the human remains to the crematory shall also be liable for all resulting damages along with the Authorizing Agent. PART 11: ADMINISTRATION The Regulatory Authority may adopt, promulgate, amend and repeal such reasonable regulations as may be consistent with this Act governing the cremation
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