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of human remains. A. A Crematory Authority may enact reasonable rules and regulations, not inconsistent with the Act, for the management and operation of a crematory, the types of cremation containers it will accept, authorization forms required, witnesses to a cremation and similar provisions. Nothing in this provision shall prevent a Crematory Authority from enacting rules and regulations which are more stringent than the provision contained in this Act. Such regulation specifically shall include the conditions under which human remains of persons dying from an infectious, contagious, communicable or dangerous disease can be transported from any portion of the state or province to a crematory for the purpose of cremation, and minimum standards of sanitation, required equipment and fire protection for all crematories which the Regulatory Authority may deem necessary for the protection of the public. B. Violations of this Act shall be punishable as follows: (1) Maintenance or operation of a building or structure within the state or province as a crematory in violation of the provisions of this Act or the rules and regulations of the Regulatory Authority adopted pursuant thereto is hereby declared to be a public nuisance and may be abated as such as provided by law. (2) Holding oneself out to the public as a Crematory Authority without being licensed under this Act, or performing a cremation without a cremation authorization form signed by an Authorizing Agent is hereby declared to be a ___________ punishable by _____________. (3) A violation of any other provision of this Act is hereby declared to be a __________ punishable by ____________. PART 12: PRE-NEED CREMATION ARRANGEMENTS A. Any pre-need contract sold by, or pre-need arrangements made with, a crematory authority, cemetery, funeral establishment or any other party, that includes a cremation, shall specify the ultimate disposition of the cremated remains, if known and that portion of the agreement shall be initialed by the individual making the arrangements. In Page 13 of 13 the event no additional or different instructions are provided to the funeral director or Crematory Authority by the Authorizing Agent at the time of death, the funeral director and the Crematory Authority shall be authorized to release or dispose of the cremated remains as indicated in the pre-need agreement. Upon compliance with the terms of that pre-need agreement, the funeral director and Crematory Authority shall be released from any liability concerning the disposition of the cremated remains. B. (1) Any person, or anyone who has legal authority to act on behalf of a person, on a pre-need basis, may authorize his or her own cremation and the final disposition of his or her cremated remains by executing, as the authorizing agent, a cremation authorization form on a pre-need basis. A copy of this form shall be provided to the person. Any person shall have the right to transfer or cancel this authorization at any time prior to death by destroying the executed cremation authorization form and providing written notice to the crematory authority. (2) Any cremation authorization form that is being executed by an individual as his or her own authorizing agent on a preneed basis shall contain the following disclosure, which shall be completed by the authorizing agent: • I do not wish to allow any of my survivors the option of canceling my cremation and selecting alternative arrangements, regardless of whether my survivors deem a change to be appropriate. • I wish to allow only the survivors whom I have designated below the option of canceling my cremation and selecting alternative arrangements, if they deem a change to be appropriate:____________. (3) Except as provided in Subsection (2) of this Section, at the time of the death of a person who has executed, as the authorizing agent, a cremation authorization form on a preneed basis, any person in possession of an executed form and any person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of an executed form, shall use their best efforts to ensure that the decedent is cremated and that the final disposition of the cremated remains is in accordance with the instructions contained on the crematory authorization form. If a crematory authority (i) is in possession of a completed cremation authorization form that was executed on a pre-need basis, (ii) is in possession of the designated human remains, and (iii) has received payment for the cremation of the human remains and the final disposition of the cremated remains or is otherwise assured of payment, then the crematory authority shall be required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form, and may do so without any liability unless the authorizing agent has selected the option under Section 12 (B) (2) that allows a designated survivor to select alternative arrangements. If the survivor has not selected alternative arrangements at the time of death or within 48 hours thereof, the funeral director and crematory authority may proceed with the cremation without any liability. Explanation This section is intended to allow an individual to provide the legal authorization for
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