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                                                      PRINTER'S NO. 2791

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1990 Session of 2007


        INTRODUCED BY READSHAW, BRENNAN, BUXTON, CLYMER, COHEN, COSTA,
           CREIGHTON, FABRIZIO, GERGELY, HALUSKA, HANNA, HENNESSEY,
           HESS, KOTIK, MAHONEY, MARSHALL, MOYER, MUNDY, PASHINSKI,
           PHILLIPS, SIPTROTH, SOLOBAY, STABACK, SURRA, THOMAS, WALKO,
           J. WHITE, WOJNAROSKI, YOUNGBLOOD AND CONKLIN,
           OCTOBER 30, 2007

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
           OCTOBER 30, 2007

                                     AN ACT

     1  Regulating crematories; providing for licenses, for licensure
     2     requirements, for inspections and enforcement; and
     3     prescribing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Cremation
     8  Licensing Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Authorizing agent."  A person legally entitled to order the
    14  cremation of human remains or legally authorized to control the
    15  final disposition of human remains.
    16     "Board."  The State Board of Funeral Directors.

     1     "Cemetery company."  A person who holds a current, valid
     2  registration certificate as a cemetery company under the act of
     3  February 19, 1980 (P.L.15, No.9), known as the Real Estate
     4  Licensing and Registration Act.
     5     "Commission."  The State Real Estate Commission.
     6     "Cremated remains."  All the remains of a cremated human body
     7  recovered after the completion of the cremation process,
     8  including bone fragment reduced by pulverization and including
     9  the residue, if any, of foreign matter cremated with the human
    10  remains.
    11     "Cremation."  The process of reducing human remains to bone
    12  fragments through intense heat and evaporation, which may
    13  include any mechanical or thermal process.
    14     "Cremation chamber."  The enclosed space within which the
    15  cremation process takes place.
    16     "Cremation container."  The container in which human remains
    17  are transported to a crematory and placed in a cremation chamber
    18  for cremation.
    19     "Cremation license."  The license required by section 3.
    20     Crematory."  The building or portion of a building that
    21  houses the necessary appliances and facilities for the cremation
    22  of human remains.
    23     "Department."  The Department of State, acting through the
    24  Commissioner of the Bureau of Professional and Occupational
    25  Affairs.
    26     "Funeral director."  A person holding a current, valid
    27  license as a funeral director under the act of January 14, 1952
    28  (1951 P.L.1898, No.522), known as the Funeral Director Law.
    29     "Holding facility."  An area within or adjacent to a
    30  crematory facility that is designated for the retention of human
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     1  remains prior to cremation.
     2     "Human remains."  The body of a deceased human being, or any
     3  part thereof, in any stage of decomposition.
     4     "Licensee."  The holder of a cremation license.
     5     "Person."  A corporation, partnership, limited liability
     6  company, business trust, other association, estate, trust
     7  foundation or natural person.
     8     "Processed remains."  The end result after pulverization,
     9  where any residual from the cremation process is cleaned leaving
    10  only bone fragments.
    11     "Sealable container."  A receptacle where processed remains
    12  shall be placed so as to prevent leakage of remains or entrance
    13  of foreign objects.
    14  Section 3.  License required.
    15     (a)  Funeral directors.--A funeral director may not operate a
    16  crematory unless the funeral director has a cremation license
    17  from the board to operate a crematory. The cremation license
    18  required by this subsection shall be in addition to the
    19  requirement under the act of January 14, 1952 (1951 P.L.1898,
    20  No.522), known as the Funeral Director Law, for a current, valid
    21  license as a funeral director. A separate cremation license
    22  shall be required for each crematory operated by a funeral
    23  director.
    24     (b)  Cemetery companies.--A cemetery company shall not
    25  operate a crematory unless the cemetery company has a cremation
    26  license from the commission to operate a crematory. The
    27  cremation license required by this subsection shall be in
    28  addition to the requirement under the act of February 19, 1980
    29  (P.L.15, No.9), known as the Real Estate Licensing and
    30  Registration Act, for a current, valid registration certificate
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     1  as a cemetery company. A separate cremation license shall be
     2  required for each crematory operated by a cemetery company.
     3     (c)  Other persons.--
     4         (1)  A person that is not a funeral director or a
     5     cemetery company may not operate a crematory unless that
     6     person has a cremation license from the board to operate a
     7     crematory. It shall not be a requirement of this act that a
     8     person be a funeral director or a cemetery company in order
     9     to operate a crematory. A separate cremation license shall be
    10     required for each crematory operated by a person that is not
    11     a funeral director or a cemetery company.
    12         (2)  A person acting under the direction and supervision
    13     of a licensee shall not be required to obtain a cremation
    14     license, provided, however, that any action by such person
    15     that would be a violation of this act if committed by the
    16     licensee shall be deemed a violation of this act by the
    17     licensee.
    18  Section 4.  Requirements for licensure.
    19     (a)  General rule.--The board and commission are hereby
    20  authorized and directed to issue the cremation license required
    21  by section 3 to applicants who meet the requirements of this
    22  section.
    23     (b)  Renewal.--The cremation license shall be subject to
    24  renewal every two years by the board or commission that
    25  initially issued the license.
    26     (c)  Application.--The board and commission shall each
    27  establish an application for a cremation license and an
    28  application for renewal of a cremation license.
    29     (d)  Basis for license issuance and renewal.--The initial
    30  cremation license shall not be issued unless, after inspection,
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     1  the board or the commission determines that the applicant is in
     2  compliance with:
     3         (1)  This act and any regulations promulgated under this
     4     act.
     5         (2)  The applicable health and environmental statutes and
     6     regulations of this Commonwealth.
     7         (3)  Sections 1, 2 and 3 of the act of June 8, 1891
     8     (P.L.212, No.184), entitled "An act in relation to cremation
     9     of human bodies in this Commonwealth."
    10     (e)  Fees.--The board and the commission each shall by
    11  regulation establish fees for the cremation license and for the
    12  renewal of cremation license.
    13  Section 5.  Authorization to cremate.
    14     (a)  General rule.--A licensee may not cremate human remains
    15  until the licensee has received:
    16         (1)  Written authorization to do so from the authorizing
    17     agent.
    18         (2)  The permit required by the act of June 8, 1891
    19     (P.L.212, No.184), entitled "An act in relation to cremation
    20     of human bodies in this Commonwealth."
    21         (3)  Any other documentation required by the Commonwealth
    22     or any political subdivision thereof.
    23     (b)  Joint cremations.--A licensee may not cremate the human
    24  remains of more than one deceased human body at a time without
    25  the written consent of each authorizing agent.
    26  Section 6.  Identification of remains.
    27     (a)  General rule.--Immediately upon taking custody of human
    28  remains, a licensee shall verify that the human remains bear a
    29  means of identification attached to the cremation container or
    30  to the remains.
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     1     (b)  Unidentified human remains.--
     2         (1)  A licensee may not accept unidentified human
     3     remains.
     4         (2)  If the licensee takes custody of a cremation
     5     container subsequent to placement of the human remains into
     6     that container, the licensee may rely on the permit and any
     7     other documentation required by section 5(a)(2) and (3) and
     8     on the representations of the authorizing agent for the
     9     identification of those human remains.
    10     (c)  Numbered identification tag required.--The licensee
    11  shall assure that a numbered identification tag accompanies the
    12  cremation container and the cremated remains throughout the
    13  cremation process.
    14  Section 7.  Recordkeeping.
    15     For each individual human remains cremated, a licensee shall
    16  maintain a permanent file which shall contain all of the
    17  following:
    18         (1)  The name and address of the deceased human being who
    19     was cremated.
    20         (2)  The number of the identification tag required by
    21     section 6(c).
    22         (3)  The name and address of the individual who delivered
    23     the human remains to the crematory.
    24         (4)  The date and time of delivery of the human remains
    25     to the crematory.
    26         (5)  The date and time of the actual cremation process of
    27     the human remains.
    28         (6)  The name of the individual actually performing the
    29     cremation.
    30         (7)  The originals or copies of all authorizations,
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     1     permits or other documentation required by section 5.
     2         (8)  The originals or copies of all instructions or
     3     records as to the final disposition of the cremated remains
     4     required by section 10.
     5  Section 8.  Holding human remains for cremation.
     6     (a)  General rule.--Human remains that have been designated
     7  for cremation shall be cremated by a licensee or his agent
     8  within the time period established by the board and commission
     9  by regulation. The board and commission shall by regulation
    10  establish procedures to be followed should a licensee be unable
    11  to cremate human remains within the prescribed time period. Such
    12  regulations shall include the requirement that the licensee
    13  provide a holding facility for the retention of human remains
    14  until such time as cremation can occur.
    15     (b)  Requirements.--
    16         (1)  A licensee may not hold human remains for cremation
    17     unless the human remains are contained within an individual,
    18     rigid, closed cremation container.
    19         (2)  A licensee may not accept a cremation container from
    20     which there is any evidence of leakage of the body fluids
    21     from the human remains therein.
    22  Section 9.  Processing and packaging of cremated remains.
    23     (a)  General rule.--Subsequent to the cremation of human
    24  remains, a licensee or his agent shall assure that all residual
    25  material from the cremation is removed from the cremation
    26  chamber and placed in a tray together with the identification
    27  tag. A licensee may dispose of prosthetics, bridgework or other
    28  residual material unless otherwise instructed by the authorizing
    29  agent. The tray of remains may undergo final processing which
    30  includes pulverization and removal of any foreign material.
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     1     (b)  Requirements.--
     2         (1)  Processed remains together with the identification
     3     tag shall be placed in a sealable container or designated
     4     vessel as directed by the authorizing agent.
     5         (2)  Prior to any final sealing, a licensee or his agent
     6     shall examine the remains to ensure that it is human remains
     7     that are placed therein and that the identification number
     8     matches the name of the deceased human being who has been
     9     cremated.
    10  Section 10.  Disposition of cremated remains.
    11     (a)  Written instructions.--A licensee shall obtain written,
    12  signed instructions from the authorizing agent as to the
    13  disposition of the cremated remains.
    14     (b)  Hold-over cremated remains.--If cremated remains have
    15  been in the possession of a licensee without instructions for
    16  final disposition from the authorizing agent for a period of six
    17  months or more from the date of cremation, the licensee may
    18  attempt to contact the authorizing agent by certified mail,
    19  return receipt requested, requesting disposition instructions
    20  and informing the authorizing agent of the procedures that may
    21  be followed if disposition instructions are not received.
    22     (c)  Permanent disposition.--If contact cannot be made or
    23  disposition instructions are not given within 60 days of the
    24  date on which the certified mailing is made under subsection
    25  (b), the licensee may arrange for permanent disposition of the
    26  remains in any manner permitted by law. The licensee shall keep
    27  a record of any disposition made by the licensee under the
    28  authority of this subsection.
    29  Section 11.  Inspections.
    30     (a)  Uniform standards.--The board and commission shall
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     1  promulgate regulations setting forth uniform standards for the
     2  inspections required by section 4(d) for initial licensure.
     3  Thereafter, the inspections shall be conducted biennially.
     4     (b)  Persons who may conduct inspections.--Inspections shall
     5  be conducted by authorized representatives of the department,
     6  who shall report the results of such inspections to either the
     7  board or commission, depending on the status of the operator of
     8  the crematory under section 3.
     9     (c)  Existing operators.--The operators of crematories that
    10  operate on the effective date of this act shall register with
    11  either the board or the commission, depending on the status of
    12  the operator under section 3, within 60 days of the effective
    13  date of this act.
    14  Section 12.  Enforcement.
    15     (a)  Powers of board.--The board shall enforce this act with
    16  regard to persons holding a cremation license or required to
    17  hold a cremation license from the board. In carrying out its
    18  duties under this section, the board shall exercise the same
    19  powers of investigation and enforcement with regard to persons
    20  holding or required to hold a current, valid cremation license
    21  from the board as the board is authorized to exercise under the
    22  act of January 14, 1952 (1951 P.L.1898, No.522), known as the
    23  Funeral Director Law, within 60 days of the effective date of
    24  this act.
    25     (b)  Powers of commission.--The commission shall enforce this
    26  act with regard to persons holding a cremation license or
    27  required to hold a cremation license from the commission. In
    28  carrying out its duties under this section, the commission shall
    29  exercise the same powers of investigation and enforcement with
    30  regard to persons holding, or required to hold, a current, valid
    20070H1990B2791                  - 9 -     

     1  cremation license from the commission as the commission is
     2  authorized to exercise under the act of February 19, 1980
     3  (P.L.15, No.9), known as the Real Estate Licensing and
     4  Registration Act, with regard to persons licensed or required to
     5  be licensed under that act.
     6     (c)  Penalty.--
     7         (1)  A violation of this act by a person who holds or is
     8     required to hold a current, valid cremation license from the
     9     board shall be deemed a violation of the Funeral Director Law
    10     and shall be grounds for disciplinary action under sections
    11     11, 12 and 17 of that act.
    12         (2)  A violation of this act by a person who holds or is
    13     required to hold a current, valid cremation license from the
    14     commission shall be deemed a violation of the Real Estate
    15     Licensing and Registration Act and shall be grounds for
    16     disciplinary action under sections 303 and 604 of that act.
    17  Section 13.  Regulations.
    18     The board and commission each shall promulgate uniform
    19  regulations as are necessary to carry out the provisions of this
    20  act within 18 months of the effective date of this act.
    21  Section 14.  Effective date.
    22     This act shall take effect as follows:
    23         (1)  Section 3 shall take effect one year after the
    24     regulations required by this act have been promulgated by the
    25     State Board of Funeral Directors and the State Real Estate
    26     Commission.
    27         (2)  The remainder of this act shall take effect
    28     immediately.


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