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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, STACK, ORIE, VANCE, FONTANA, KASUNIC, ERICKSON, M. WHITE AND BOSCOLA, APRIL 13, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 13, 2011 |
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| AN ACT |
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1 | Providing for the licensing and regulation of cremation. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Cremation |
6 | Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Authorizing agent." A person, including the medical |
12 | examiner or coroner, who is legally entitled to authorize the |
13 | cremation of human remains. |
14 | "Board." The State Board of Funeral Directors. |
15 | "Body parts." Organs, tissues, eyes, bones, blood, blood |
16 | vessels and other portions of the human anatomy. |
17 | "Burial disposition permit." As required under the act of |
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1 | June 29, 1953 (P.L.304, No.66), known as the Vital Statistics |
2 | Law of 1953. |
3 | "Casket." A rigid container designed for the encasement of |
4 | human remains, usually constructed of wood, metal or like |
5 | material and ornamented and lined with fabric, which may or may |
6 | not be combustible. |
7 | "Cemetery." As defined in the act of February 19, 1980 |
8 | (P.L.15, No.9), known as the Real Estate Licensing and |
9 | Registration Act. |
10 | "Change of ownership." A transfer of more than 50% of the |
11 | stock or assets of a crematory licensee. |
12 | "Closed container." Any container in which cremated remains |
13 | can be placed and closed in a manner so as to prevent leakage or |
14 | spillage of remains or the entrance of foreign material. |
15 | "Commission." The Real Estate Commission. |
16 | "Cremated remains." All the remains of the cremated human |
17 | body and its associated materials that may include the casket, |
18 | cremation container and acceptable personal belongings. |
19 | "Cremation." The technical process, using mechanical, |
20 | thermal and other dissolution, that reduces human remains to |
21 | bone fragments. The term includes the processing and |
22 | pulverization of the bone fragments. |
23 | "Cremation chamber." The enclosed space within which the |
24 | cremation process takes place. Cremation chambers licensed under |
25 | this act shall be used exclusively for the cremation of human |
26 | remains. |
27 | "Cremation container." The container in which the human |
28 | remains are placed in the cremation chamber for a cremation and |
29 | which container is: |
30 | (1) Composed of combustible materials suitable for |
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1 | cremation. |
2 | (2) Able to be closed in order to provide a complete |
3 | covering for the human remains. |
4 | "Crematory." The building or portion of a building that |
5 | houses the cremation chamber and the holding facility. |
6 | "Crematory licensee." The legal entity or the authorized |
7 | representative of the legal entity which is licensed to operate |
8 | a crematory. |
9 | "Final disposition." The burial or other disposition on a |
10 | permanent basis of a deceased human body, body parts or cremated |
11 | remains. |
12 | "Funeral director." As defined in the act of January 14, |
13 | 1952 (1951 P.L.1898, No.522), known as the Funeral Director Law. |
14 | "Funeral establishment." Every place or premise approved by |
15 | the State Board of Funeral Directors wherein a licensed funeral |
16 | director conducts the professional practice of funeral directing |
17 | including the preparation, care and funeral services for the |
18 | human dead. |
19 | "Holding facility." An area within or adjacent to the |
20 | crematory facility designated for the retention of human remains |
21 | prior to cremation. |
22 | "Human remains." The body of a deceased person, or part of a |
23 | body or limb that has been removed from a living person, |
24 | including the body, part of a body or limb in any stage of |
25 | decomposition. |
26 | "Ossuary." A receptacle, building or site that serves as a |
27 | final resting place for commingled human remains. |
28 | "Processing." The reduction of identifiable bone fragments |
29 | after the completion of the cremation process to unidentifiable |
30 | bone fragments. |
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1 | "Pulverization." The reduction of identifiable bone |
2 | fragments after the completion of the cremation and processing |
3 | to unidentifiable granulated particles by manual or mechanical |
4 | means. |
5 | "Scattering area." A designated area for the scattering of |
6 | cremated remains, usually in a cemetery and located on dedicated |
7 | cemetery property where cremated remains which have been removed |
8 | from their container can be mixed with or placed on top of the |
9 | soil or ground cover or placed in an ossuary. |
10 | "Temporary container." A receptacle for cremated remains. |
11 | "Urn." A receptacle designed to encase the cremated remains |
12 | for interment and noninterment purposes. |
13 | Section 3. Establishment of crematory and licensure of |
14 | crematory. |
15 | (a) Crematory.--Any person doing business in this |
16 | Commonwealth or any cemetery, funeral establishment, |
17 | corporation, partnership, joint venture, voluntary organization |
18 | or any other entity, if licensed under this act, may erect, |
19 | maintain and conduct a crematory in this Commonwealth and |
20 | provide the necessary facilities for the cremation of human |
21 | remains in accordance with the provisions of this act. |
22 | (b) Crematory licensee.--A crematory licensee shall be |
23 | subject to all Federal, State and local health and environmental |
24 | and zoning subdivision and land development requirements and |
25 | ordinances and shall obtain all necessary licenses and permits |
26 | from the respective board or commission and the Federal and |
27 | State environmental agencies or other appropriate Federal, State |
28 | or local agencies. |
29 | (c) Facilities.--License applications for crematories shall |
30 | be on forms furnished and prescribed by the respective board or |
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1 | commission and shall provide the respective board or commission |
2 | with the following information: |
3 | (1) The full name and address, both residence and |
4 | business, of the applicant if the applicant is an individual; |
5 | the full name and address of each partner and the partnership |
6 | if the applicant is a partnership; the full name and address |
7 | of every member of the board of directors and the association |
8 | if the applicant is an association; and the name and address |
9 | of every officer, director and shareholder holding more than |
10 | 25% of the corporate stock of the corporation and the name of |
11 | the corporation if the applicant is a corporation. |
12 | (2) Proof of liability insurance for no less than |
13 | $1,000,000. |
14 | (3) A detailed statement for each of the individuals |
15 | listed in the application under paragraph (1) providing their |
16 | employment for the last ten years immediately preceding the |
17 | application, any felony or misdemeanor convictions or arrests |
18 | or involvement in civil litigation in which fraud was an |
19 | element of the crime or complaint and any information about |
20 | disciplinary actions or the loss or suspension of any |
21 | professional license in this Commonwealth or any other state |
22 | and, in particular, related to the business of funeral |
23 | directing or operation of a cemetery or crematory. |
24 | (4) The address of the crematory. |
25 | (5) Evidence confirming the date the crematory was |
26 | permitted to be open and began operation. |
27 | (6) A description of the type of structure and equipment |
28 | used or to be used in the operation of the crematory. |
29 | (7) Copies of all licenses or permits required for a |
30 | crematory to operate in this Commonwealth. |
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1 | (8) Any further information that the respective board or |
2 | commission may reasonably request. |
3 | (d) Annual report.--Each crematory licensee shall file an |
4 | annual report with the respective board or commission, |
5 | accompanied by a fee in an amount to be determined by the |
6 | respective board or commission. The information provided under |
7 | subsection (c) or (d) must indicate if any changes have |
8 | occurred. The annual report shall be filed by a crematory |
9 | licensee on or before March 15 of each calendar year with the |
10 | respective board or commission. If the fiscal year of a |
11 | crematory licensee is other than on a calendar-year basis, then |
12 | the crematory licensee shall file the report required by this |
13 | section within 75 days after the end of its fiscal year. The |
14 | respective board or commission shall, for good cause shown, |
15 | grant an extension for the filing of the annual report upon |
16 | written request of the crematory licensee. An extension shall |
17 | not exceed 60 days. If a crematory licensee fails to submit an |
18 | annual report to the respective board or commission within the |
19 | time specified in this section, the respective board or |
20 | commission shall impose upon the crematory licensee a penalty of |
21 | $1,000 for each day the crematory licensee remains delinquent in |
22 | submitting the annual report. |
23 | (e) Inspection of records and facilities.--All records |
24 | relating to the operation of the crematory licensee required to |
25 | be filed under this section shall be subject to inspection by |
26 | the respective board or commission. The respective board or |
27 | commission shall have the authority to inspect the facilities at |
28 | any time and must inspect the facility on an unannounced annual |
29 | basis. |
30 | (f) Prohibition.--No person, cemetery, funeral |
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1 | establishment, corporation, partnership, joint venture, |
2 | voluntary organization or any other entity shall cremate any |
3 | human remains, except in a crematory licensed for this express |
4 | purpose and under the limitations provided in this act. |
5 | (g) Crematory personnel.-- |
6 | (1) Each crematory for which a license is required shall |
7 | be operated under the supervision of a manager qualified in |
8 | accordance with rules adopted by the respective board or |
9 | commission. Each manager shall be required to successfully |
10 | pass a written examination evidencing an understanding of the |
11 | applicable provisions of law. No person shall engage in the |
12 | business of, act in the capacity of, or advertise or assume |
13 | to act as, a crematory manager without first obtaining a |
14 | license. |
15 | (2) The crematory licensee or authorized representative |
16 | shall provide training to all crematory personnel involved in |
17 | the cremation process. This training shall lead to a |
18 | demonstrated knowledge on the part of an employee regarding |
19 | identification procedures used during cremation, operation of |
20 | the cremation chamber and processing equipment and all laws |
21 | relevant to the handling of cremated human remains. This |
22 | training shall be outlined in a written plan maintained by |
23 | the crematory licensee for inspection by an inspector of the |
24 | respective board or commission. No employee shall be allowed |
25 | to operate any cremation equipment until the employee has |
26 | demonstrated an understanding of procedures required to |
27 | ensure that health and safety conditions are maintained at |
28 | the crematory and that cremated remains are not commingled |
29 | other than for residue. The crematory licensee shall maintain |
30 | a record to document that an employee has received training. |
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1 | Any crematory that fails to produce a written employee |
2 | instruction plan, or record of employee training for |
3 | inspection upon request shall have 15 working days from the |
4 | time of the request to produce a plan or training record for |
5 | review. The license of the crematory shall be suspended if no |
6 | plan or training record is produced for review after 15 |
7 | working days have elapsed. |
8 | Section 4. Authorizing agent. |
9 | Cremations may be performed only after the crematory has |
10 | received signed authorization from the authorizing agent or his |
11 | designated agent. |
12 | Section 5. Authorization to cremate. |
13 | (a) General rule.--Except as otherwise provided in this |
14 | section, a crematory licensee shall not cremate human remains |
15 | until it has received from the funeral director, the coroner or |
16 | medical examiner the following information: |
17 | (1) A cremation authorization form signed by an |
18 | authorizing agent. The cremation authorization form shall |
19 | have the name of the cremation licensee, its address and the |
20 | name of its manager prominently displayed on the top of the |
21 | form. The cremation authorization form shall contain, at a |
22 | minimum, the following information: |
23 | (i) The identity of the human remains, if known, |
24 | including status as a veteran, and the time and date of |
25 | death and verification that the remains have been |
26 | identified by the authorizing agent or his designated |
27 | representative, or the coroner or medical examiner |
28 | indicates the remains cannot be identified. |
29 | (ii) The name of the funeral director and funeral |
30 | establishment, where appropriate, that obtained the |
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1 | cremation authorization. |
2 | (iii) Notification as to whether the death occurred |
3 | from a disease declared by the Centers for Disease |
4 | Control (CDC) to be infectious, contagious or |
5 | communicable. |
6 | (iv) The name and address of the authorizing agent |
7 | and, where appropriate, the relationship between the |
8 | authorizing agent and the decedent. |
9 | (v) A representation that the authorizing agent does |
10 | in fact have the right to authorize the cremation of the |
11 | decedent and that the authorizing agent is not aware of |
12 | any living person who has a superior or equal priority |
13 | right to that of the authorizing agent. In the event |
14 | there is another living person who has a superior or |
15 | equal priority right to the authorizing agent, the form |
16 | shall contain a representation that the authorizing agent |
17 | has made reasonable efforts to contact that person, has |
18 | been unable to do so and has no reason to believe that |
19 | the person would object to the cremation of the decedent. |
20 | (vi) Authorization for the crematory licensee to |
21 | cremate the human remains. |
22 | (vii) A representation that the human remains do not |
23 | contain a pacemaker or any other material or implant that |
24 | may be potentially hazardous or cause damage to the |
25 | cremation chamber or the operator of the crematory. |
26 | (viii) The name of the person authorized to receive |
27 | the cremated remains from the crematory licensee. |
28 | (ix) The signature of the authorizing agent |
29 | attesting to the accuracy of all representations |
30 | contained on the cremation authorization form. |
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1 | (x) The cremation authorization form shall also be |
2 | signed by a funeral director when one is used. That |
3 | funeral director shall execute the cremation |
4 | authorization form as a witness and shall not be |
5 | responsible for any of the representations made by the |
6 | authorizing agent except the funeral director or funeral |
7 | establishment shall warrant to the crematory licensee |
8 | that the human remains delivered to the crematory |
9 | licensee have been positively identified as the decedent |
10 | listed on the cremation authorization form by the |
11 | authorizing agent or a designated representative of the |
12 | authorizing agent. Such identification shall be made in |
13 | person or by photograph by the authorizing agent or |
14 | designated representative of the authorizing agent. |
15 | (2) A completed and executed burial disposition permit, |
16 | as provided by State law, indicating that human remains are |
17 | to be cremated. |
18 | (b) Delegation.--If an authorizing agent is not available to |
19 | execute the cremation authorization form, that person may |
20 | delegate that authority to another person in writing, including |
21 | electronic transmission. A written delegation of authority of an |
22 | authorizing agent shall include: |
23 | (1) The name, address and relationship of the |
24 | authorizing agent to the decedent. |
25 | (2) The name and address of the person to whom authority |
26 | is delegated and that the person authorized under this |
27 | section may serve as the authorizing agent and execute the |
28 | cremation authorization form. |
29 | (c) Unidentified remains.--A crematory licensee shall not |
30 | accept unidentified human remains unless the coroner or medical |
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1 | examiner is directing disposition of the remains. When the |
2 | crematory licensee takes custody of a cremation container |
3 | subsequent to the human remains being placed within it, the |
4 | crematory licensee may rely on the identification made before |
5 | the body was placed in the cremation container. The crematory |
6 | licensee shall place appropriate identification upon the |
7 | exterior of the cremation container based on the prior |
8 | identification. |
9 | Section 6. Cremation records and required information. |
10 | (a) General rule.-- |
11 | (1) A crematory shall maintain on its premises an |
12 | accurate record of all cremations performed, including: |
13 | (i) The name of referring funeral director, if any, |
14 | or coroner or medical examiner. |
15 | (ii) The name of deceased. |
16 | (iii) The date of cremation. |
17 | (iv) The name of cremation chamber operator. |
18 | (v) The time and date that human remains were |
19 | inserted in the cremation chamber. |
20 | (vi) The time and date that human remains were |
21 | removed from cremation chamber. |
22 | (vii) The time and date that final processing of |
23 | cremated remains was completed. |
24 | (viii) The disposition of cremated remains. |
25 | (ix) The name and address of authorizing agent. |
26 | (x) The identification number assigned to the |
27 | deceased. |
28 | (xi) A photocopy of the disposition permit filed in |
29 | connection with the disposition. |
30 | (2) The information under paragraph (1) shall be |
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1 | maintained for ten years after the cremation is performed and |
2 | shall be subject to inspection. |
3 | (3) The crematory licensee shall furnish to the person |
4 | who delivers human remains to the crematory licensee a |
5 | receipt signed by both the crematory licensee and the funeral |
6 | director or his agent who delivers the human remains, |
7 | showing: |
8 | (i) The date and time of the delivery. |
9 | (ii) The type of casket or cremation container that |
10 | was delivered. |
11 | (iii) The name of the person from whom the human |
12 | remains were received and the name of the funeral |
13 | establishment. |
14 | (iv) The name of the person who received the human |
15 | remains on behalf of the crematory licensee. |
16 | (v) The name of the decedent. |
17 | (4) The crematory licensee shall retain a copy of the |
18 | receipt under paragraph (3) for ten years. |
19 | (b) Release of remains.--Cremated remains shall only be |
20 | released or disposed of in accordance with the law, and the |
21 | expressed written consent of the authorizing agent. Upon its |
22 | release of cremated remains, the crematory licensee shall |
23 | furnish to the person who receives the cremated remains from the |
24 | crematory licensee a receipt signed by both the crematory |
25 | licensee and the person who receives the cremated remains |
26 | showing the date and time of the release, the name of the person |
27 | to whom the cremated remains were released and, if applicable, |
28 | the name of the funeral establishment, cemetery or other entity |
29 | with whom the person is affiliated, the name of the person who |
30 | released the cremated remains on behalf of the crematory |
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1 | licensee and the name of the decedent. The crematory licensee |
2 | shall retain a copy of this receipt for ten years. |
3 | (c) Disposal.--The crematory licensee shall maintain a |
4 | record of all cremated remains disposed of by the crematory |
5 | licensee for ten years. |
6 | (d) Record for interment of cremated remains.--Upon |
7 | completion of the cremation, where appropriate, the crematory |
8 | licensee shall issue the record for interment of cremated |
9 | remains required by law to the authorizing agent or designee |
10 | that receives the cremated remains. |
11 | (e) Cemeteries.--All cemeteries shall maintain a record of |
12 | all cremated remains that are interred or scattered on their |
13 | property. |
14 | (f) Sale of crematory.--If a change in crematory ownership |
15 | should occur, all records subject to subsections (a), (b) and |
16 | (c) shall become the property of the majority owner. |
17 | Section 7. Cremation containers. |
18 | Human remains must be delivered to a crematory in a casket or |
19 | cremation container marked with the decedent's name, date of |
20 | death and whether or not the remains have been embalmed. Human |
21 | remains and any personal property shall not be removed from the |
22 | casket or cremation container without the permission of the |
23 | authorized agent and the casket or cremation container shall be |
24 | cremated with the human remains and personal property unless the |
25 | crematory licensee has been provided with written instructions |
26 | to the contrary by the authorizing agent or unless the crematory |
27 | licensee does not accept certain materials for cremation. The |
28 | crematory licensee must disclose unacceptable materials prior to |
29 | delivery of the human remains. |
30 | Section 8. Cremation procedures. |
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1 | (a) Acceptance.--Crematory licensees shall only accept human |
2 | remains from funeral directors, medical examiners and coroners |
3 | or their designees. |
4 | (b) Procedure.--Human remains shall not be cremated within |
5 | 24 hours after the time of death, as indicated on the |
6 | certificate of death or the coroner's or medical examiner's |
7 | certificate. If the death comes under the authority of the |
8 | coroner or medical examiner, the human remains shall not be |
9 | received by the crematory licensee until authorization to |
10 | cremate has been received in writing or orally from the coroner |
11 | or medical examiner of the county in which the death occurred |
12 | and provided to the crematory licensee. In no instance shall the |
13 | lapse of time between the death and any cremation be less than |
14 | 24 hours unless the death was a result of an infectious, |
15 | contagious or communicable disease and such requirement is |
16 | waived in writing or orally by the coroner or medical examiner |
17 | where the death occurred and is deemed necessary. |
18 | (c) Hazardous items.--No human remains shall be cremated |
19 | with a pacemaker or other potentially hazardous implant in |
20 | place. The authorizing agent for the cremation of the human |
21 | remains shall be responsible for informing the funeral director |
22 | about a pacemaker or other potentially hazardous implant. The |
23 | authorizing agent shall be responsible for any damage that |
24 | results from a failure to inform the crematory licensee or |
25 | funeral director about the pacemaker or implants if he or she |
26 | fails to inform the funeral director, when asked, about their |
27 | presence. |
28 | (d) Crematory licensee.--A crematory shall cremate only |
29 | human remains in cremation chambers, along with the casket or |
30 | cremation container, acceptable personal belongings of the |
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1 | deceased, and no more than a negligible amount of chlorinated |
2 | plastic pouches utilized for disease control when necessary. |
3 | (e) Holding remains.--A crematory licensee shall hold human |
4 | remains prior to their cremation according to the following: |
5 | (1) Whenever a crematory licensee is unable to cremate |
6 | the human remains immediately upon taking custody of the |
7 | remains, the crematory licensee shall place the human remains |
8 | in a refrigeration facility at 40 degrees Fahrenheit or less |
9 | at a suitable location, unless the human remains have been |
10 | embalmed. |
11 | (2) A crematory licensee shall not be required to accept |
12 | for holding a cremation container from which there is |
13 | evidence of leakage of the body fluids from the human remains |
14 | therein. |
15 | (f) Authorized persons.--Only those persons authorized by |
16 | the crematory licensee shall be permitted in the crematory area |
17 | while any human remains are in the crematory area awaiting |
18 | cremation, being cremated or being removed from the cremation |
19 | chamber. |
20 | (g) Multiple cremations.--The simultaneous cremation of the |
21 | human remains of more than one person within the same cremation |
22 | chamber is not allowed unless the crematory licensee has |
23 | received specific written authorization to do so from all |
24 | authorizing agents for the human remains to be so cremated. A |
25 | written authorization shall exempt the crematory licensee from |
26 | all liability for commingling of the cremated remains during the |
27 | cremation process. |
28 | (h) Verification.--Immediately prior to being placed within |
29 | the cremation chamber, the identification of the human remains, |
30 | as indicated on the cremation container, shall be verified by |
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1 | the crematory licensee. |
2 | (i) Residue.--Upon completion of the cremation, and insofar |
3 | as possible, all of the recoverable residue of the cremation |
4 | process shall be removed from the cremation chamber. Insofar as |
5 | possible, all residue from the cremation process shall then be |
6 | separated from anything other than bone fragments. The remaining |
7 | bone fragments shall be processed and pulverized to reduce them |
8 | to unidentifiable granulated particles. Any other materials |
9 | shall be removed from the cremated residuals as far as possible |
10 | and shall be disposed of by the crematory licensee. |
11 | (j) Packing.--Cremated remains shall be packed as follows: |
12 | (1) The cremated remains with the proper identification |
13 | shall be placed in a temporary container or urn. The |
14 | temporary container or urn contents shall be packed in clean |
15 | packing materials and shall not be contaminated with any |
16 | other object unless specific authorization has been received |
17 | from the authorizing agent or as provided in this act. |
18 | (2) If the cremated remains do not fit within the |
19 | dimensions of a temporary container or urn, the remainder of |
20 | the cremated remains shall be returned to the authorizing |
21 | agent or his or her representatives in a separate container. |
22 | Containers or urns shall be clearly marked on the outside of |
23 | the container or urn with the name of the deceased person |
24 | whose cremated remains are contained therein and an |
25 | indication that containers are being used to hold the |
26 | cremated remains. |
27 | (3) If the cremated remains are to be shipped, the |
28 | temporary container or designated receptacle ordered by the |
29 | authorizing agent shall be packed securely in a suitable, |
30 | sturdy and pressure-resistant container which is not fragile |
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1 | and is sealed properly. Cremated remains shall be shipped |
2 | only by a method which has an internal tracing system |
3 | available and which provides a receipt signed by the person |
4 | accepting delivery. |
5 | (k) Removal of body parts.--No funeral director or funeral |
6 | establishment shall remove body parts, permit others to remove |
7 | body parts or use funeral establishment facilities to remove |
8 | body parts from human remains except as necessary to perform |
9 | embalming or other services in preparation for burial or |
10 | cremation authorized in writing by the authorizing agent. If a |
11 | funeral director is notified by a person authorized to make |
12 | donations pursuant to 20 Pa.C.S. Ch. 86, Subch. B (relating to |
13 | express anatomical gifts) that he wishes to donate body parts |
14 | from human remains within the funeral director's custody, the |
15 | funeral director shall immediately notify the federally |
16 | designated organ procurement organization serving that region. |
17 | Notwithstanding any provision to the contrary, the organ |
18 | procurement organization or a Pennsylvania nonprofit eye bank |
19 | registered with the U.S. Food and Drug Administration and |
20 | accredited by the Eye Bank Association of America shall be |
21 | permitted to perform a recovery of donated ocular tissue, |
22 | including, without limitation, the whole eye, cornea and sclera, |
23 | and associated blood specimens at the funeral establishment if |
24 | the donation is authorized under 20 Pa.C.S. Ch. 86 (relating to |
25 | anatomical gifts). Appropriate documentation from the organ |
26 | procurement organization shall be provided. |
27 | Section 9. Disposition of cremated remains. |
28 | (a) Responsibility.--The authorizing agent is responsible |
29 | for the disposition of the cremated remains. If, after a period |
30 | of 30 days from the date of cremation, the authorizing agent or |
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1 | his representative has not specified the ultimate disposition of |
2 | or claimed the cremated remains, the crematory licensee, the |
3 | funeral establishment or other person in possession of the |
4 | cremated remains may dispose of the cremated remains in 30 days |
5 | in any manner permitted by law, except scattering. A record of |
6 | the disposition shall be made and kept by the person making the |
7 | disposition. Upon disposing of cremated remains in accordance |
8 | with this section, the crematory licensee, funeral establishment |
9 | or person in possession of the cremated remains shall be |
10 | discharged from any legal obligation or liability concerning |
11 | such cremated remains. |
12 | (b) Delivery.--The licensed funeral director, as |
13 | appropriate, shall deliver the cremated remains to the |
14 | individual specified by the authorizing agent on the cremation |
15 | authorization form. The representative of the crematory licensee |
16 | and the individual receiving the cremated remains shall sign a |
17 | receipt indicating the name of the deceased, the date, time and |
18 | place of the receipt and other information as provided in |
19 | section 5. If the cremated remains are shipped, a record of the |
20 | internal tracing history and the signed receipt shall suffice. |
21 | The funeral director and crematory licensee shall retain a copy |
22 | of the internal tracing history and the signed receipt. |
23 | Section 10. Veterans. |
24 | (a) Determination.--In order to determine if the cremated |
25 | remains belong to a veteran, the crematory licensee, the funeral |
26 | establishment or other person in possession of the cremated |
27 | remains may share the information with the United States |
28 | Department of Veterans Affairs, a state department of military |
29 | and veterans affairs, a county veterans' affairs office or a |
30 | national or county veterans' cemetery. |
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1 | (b) Liability.--For the purposes of this section, the |
2 | crematory licensee, the funeral establishment or other person in |
3 | possession of the cremated remains shall not be liable for |
4 | releasing and sharing information in accordance with subsection |
5 | (a) in order to determine the decedent's veteran status. |
6 | (c) Reimbursement.--The authorizing agent shall be |
7 | responsible for reimbursing a funeral establishment or |
8 | organization under subsection (a) for all reasonable expenses |
9 | incurred in relation to the disposition of the cremated remains. |
10 | (d) Record.--The licensed funeral director or crematory |
11 | licensee must maintain a record identifying the organization |
12 | under subsection (a) that receives the cremated remains and the |
13 | site designation for final disposition of the cremated remains. |
14 | Section 11. Limitation of liability. |
15 | (a) General rule.--Any person signing a cremation |
16 | authorization form as an authorizing agent shall be deemed to |
17 | warrant the truthfulness of any facts set forth in the cremation |
18 | authorization form, including the identity of the deceased whose |
19 | remains are sought to be cremated and that person's authority to |
20 | order such cremation. Any person other than a coroner or medical |
21 | examiner signing a cremation authorization form as an |
22 | authorizing agent shall be personally and individually liable |
23 | for any resulting damage. A crematory licensee and a funeral |
24 | establishment may rely upon the representations of the |
25 | authorizing agent in the cremation authorization form. |
26 | (b) Funeral establishment.--A funeral establishment shall |
27 | have the authority to arrange the cremation of human remains |
28 | upon the receipt of a cremation authorization form signed by an |
29 | authorizing agent. A crematory licensee shall have authority to |
30 | cremate human remains upon the receipt of a cremation |
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1 | authorization form signed by an authorizing agent, so long as |
2 | they are in accordance with section 8(b). |
3 | (c) Refusal.-- |
4 | (1) A funeral establishment that refuses to arrange a |
5 | cremation and a crematory licensee that refuses to accept |
6 | human remains or to perform a cremation shall not be liable |
7 | for refusing to accept the human remains or to perform a |
8 | cremation until they receive a court order or other suitable |
9 | confirmation that a dispute has been settled: |
10 | (i) if they are aware of any dispute concerning the |
11 | cremation of human remains; |
12 | (ii) if they have a reasonable basis for questioning |
13 | any of the representations made by the authorizing agent; |
14 | or |
15 | (iii) for any other lawful reason. |
16 | (2) If a funeral establishment or crematory licensee is |
17 | aware of any dispute concerning the release or disposition of |
18 | the cremated remains, the funeral establishment or crematory |
19 | licensee may refuse to release the cremated remains until the |
20 | dispute has been resolved or the funeral establishment or |
21 | crematory licensee has been provided with a court order or |
22 | other suitable confirmation authorizing the release or |
23 | disposition of the cremated remains. Funeral establishments |
24 | and crematory licensees shall not be liable for the refusal |
25 | to release or dispose of cremated remains in accordance with |
26 | this subsection. |
27 | Section 12. Pacemakers and other battery-powered implants. |
28 | If any authorizing agent informs the funeral establishment in |
29 | writing on the cremation authorization form of the presence of a |
30 | pacemaker or other battery-powered implants in the human |
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1 | remains, the funeral establishment shall be responsible for |
2 | ensuring that all necessary steps have been taken to remove the |
3 | pacemaker or other battery-operated implants before delivering |
4 | the human remains to the crematory. If the funeral establishment |
5 | that has received written notice of the presence of a pacemaker |
6 | or implant delivers the human remains to the crematory without |
7 | removing the pacemaker or implant from the human remains, and if |
8 | the human remains are cremated with the pacemaker or implant, |
9 | the funeral establishment that delivered the human remains to |
10 | the crematory shall also be liable for all resulting damages. |
11 | Section 13. Administration. |
12 | (a) General rule.--The Department of State and the |
13 | Department of Health may promulgate regulations consistent with |
14 | this act. Regulations may include: |
15 | (1) The conditions under which human remains with an |
16 | infectious, contagious or communicable disease can be |
17 | transported from any portion of this Commonwealth to a |
18 | crematory for the purpose of cremation. |
19 | (2) Minimum standards of sanitation, required equipment |
20 | and fire protection for all crematories which the department |
21 | may deem necessary for the protection of the public. |
22 | (b) Crematory rules.--A crematory licensee may enact rules |
23 | consistent with this act for the management and operation of a |
24 | crematory, the types of cremation containers it will accept, |
25 | authorization forms required, witnesses to a cremation and |
26 | similar provisions. Nothing in this subsection shall prevent a |
27 | crematory licensee from enacting rules which are more stringent |
28 | than the provisions contained in this act except that no |
29 | crematory licensee shall make or enforce any rules requiring |
30 | that human remains be placed in a casket before cremation or |
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1 | that human remains be cremated in a casket, nor shall a |
2 | crematory refuse to accept human remains for cremation for the |
3 | reason that they are not in a casket. |
4 | (c) Violations.--Violations of this act shall be punishable |
5 | as follows: |
6 | (1) Operating a crematory without being licensed under |
7 | this act, or performing a cremation without a cremation |
8 | authorization form signed by an authorizing agent constitutes |
9 | a misdemeanor of the second degree. Each cremation shall |
10 | constitute a separate violation. |
11 | (2) Engaging in the activities of a crematory manager |
12 | without holding a valid, unexpired crematory manager |
13 | registration certificate. No licensed crematory manager shall |
14 | engage in the activities of a crematory manager without being |
15 | employed by, or without being a sole proprietor, partner or |
16 | corporate officer of a licensed crematory. |
17 | (3) A violation of any other provision of this act |
18 | constitutes a misdemeanor of the third degree or a civil |
19 | penalty up to $10,000. |
20 | (4) A person commits a felony of the second degree if he |
21 | takes or exercises unlawful control over a limb or other |
22 | portion of the anatomy removed from a person or human remains |
23 | without first obtaining the written consent of the |
24 | authorizing agent. |
25 | Section 14. Preneed cremation arrangements. |
26 | (a) General rule.--Any preneed contract sold by or preneed |
27 | arrangements made with a funeral establishment that includes a |
28 | cremation shall specify the ultimate disposition of the cremated |
29 | remains if known and that portion of the agreement shall be |
30 | initialed by the individual making the arrangements. In the |
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1 | event no additional or different instructions are provided to |
2 | the funeral establishment by the authorizing agent at the time |
3 | of death, the funeral establishment and the crematory licensee |
4 | shall be authorized to release or dispose of the cremated |
5 | remains as indicated in the preneed agreement. Upon compliance |
6 | with the terms of that preneed agreement, the funeral |
7 | establishment shall be released from any liability concerning |
8 | the disposition of the cremated remains. |
9 | (b) Specific provisions.-- |
10 | (1) Any person on his or her own behalf, as the |
11 | authorizing agent, shall execute a cremation authorization |
12 | form on a preneed basis. The individual or authorizing agent |
13 | shall have the right to transfer the arrangements for such |
14 | cremation or cancel this authorization at any time prior to |
15 | death by rescinding the executed cremation authorization form |
16 | in writing and providing written notice to funeral |
17 | establishment. |
18 | (2) At the time of the death of a person who has |
19 | executed, as the authorizing agent, a cremation authorization |
20 | form on a preneed basis, any person in possession of an |
21 | executed form and any person charged with making arrangements |
22 | for the final disposition of the decedent who has knowledge |
23 | of the existence of an executed form shall use their best |
24 | efforts to ensure that the decedent is cremated and that the |
25 | final disposition of the cremated remains is in accordance |
26 | with the instructions contained on the cremation |
27 | authorization form. If a crematory licensee is in possession |
28 | of a completed cremation authorization form that was executed |
29 | on a preneed basis, is in possession of the designated human |
30 | remains, the crematory licensee shall be required to cremate |
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1 | the human remains and dispose of the cremated remains |
2 | according to the instructions contained on the cremation |
3 | authorization form and may do so without any liability. |
4 | Section 30. Effective date. |
5 | This act shall take effect in 60 days. |
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