H. B. 3209
(By Delegates Brown, Perdue,
Douglas and Amores)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirteen, relating
to the regulation of the practice of cremation of human
remains; setting forth guidelines for the removal of objects
from human remains; prohibiting commingling of human remains;
addressing removal of remains from the cremation chamber after
cremation; providing for the processing of human remains;
requiring that containers intended to hold cremated remains
are of sufficient capacity and durability; providing for the
disposition of the residue of cremated remains; providing for
how cremated remains are released to authorized individuals;
addressing situations when cremated remains are unclaimed;
enumerating the records that are required to be kept;
providing for inspections of crematoriums; providing for
penalties for violations of provisions of the article; setting forth additional requirements; and, providing for a mandatory
identification procedure for human remains.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article thirteen, to read as
follows:
ARTICLE 13. HANDLING OF CREMATION REMAINS.
§61-13-1. Removal of objects from the dead human body.
No operator of a crematory shall remove any dental gold, body
parts, organs or other items of value from a dead human body prior
to the cremation or from the cremated remains after cremation
except with the express written permission from the legally
authorized person with the right to control such objects. The
operator shall identify jewelry and ask the legally authorized
person if jewelry is to be removed, prior to cremation. This
information shall be maintained as part of the records.
§61-13-2. Commingling of human remains prohibited.
Except with the express written permission of the legally
authorized person with the right to control the disposition of the
remains, no crematory shall cremate more than one dead human body
at the same time and in the same cremation chamber or introduce a
second dead human body into a cremation chamber until reasonable
efforts have been employed to remove all fragments of the preceding cremated remains, or cremate a dead human body and other human
remains at the same time in the same cremation chamber. The fact
that there is incidental and unavoidable residue in the cremation
chamber used in a prior cremation does not constitute a violation
of this provision.
§61-13-3. Removal from the cremation chamber.
Upon completion of the heat and flame reduction process,
reasonable efforts shall be made to remove, from the cremation
chamber all of the recoverable cremated human remains and
non-combustible materials or items. Insofar as is possible, the
non-combustible materials or items shall be separated from the
cremated human remains and disposed of in any lawful manner by the
cremator. The cremated human remains shall be placed in an
appropriate container to be transported to the processing area.
§61-13-4. Processing the cremated remains.
The cremated human remains may be reduced by a mechanical
device to a granulated appearance appropriate for final
disposition and placed in a cremated remains container along with
the appropriate identifying disk, tab or label.
§61-13-5. Container of sufficient capacity and durability.
If a cremated remains container is of insufficient capacity to
accommodate all cremated remains of a given dead human body,
subject to directives provided in the written authorization to
cremate, the crematory shall place the excess cremated remains in a secondary cremated remains container and attach the second
container in a manner so as not to be easily detached through
incidental contact, to the primary cremated remains container. The
secondary container shall contain a duplicate of the identification
disk, tab or label that was placed in the primary container and all
paperwork regarding the given body shall include a notation that
the cremated remains were placed in two containers. All containers
shall be closed in a rigid and leak resistant manner.
§61-13-6. Disposition of accumulated residue.
Every crematory shall provide for the removal and disposition
of human remains in accordance with local, state and federal laws
of any accumulated residue from any cremation chamber, mechanical
processor, container or other equipment used in cremation.
61-13-7. Release of cremated remains.
Following completion of the cremation, the cremated remains
shall be released according to the instructions given on the
written authorization to cremate. If the cremated remains are to
be shipped they must be securely packaged and transported via a
method which has an internal tracking system available and which
provides for a receipt signed by the person accepting delivery.
Where there is a dispute over release or disposition of the
cremated remains a crematory may deposit the cremated remains with
a court of competent jurisdiction pending resolution of the dispute
or retain the cremated remains until the legally authorized person with the right to control disposition presents satisfactory proof
that the dispute is resolved.
§61-13-8. Unclaimed cremated remains.
If, after sixty calender days following the authorization to
cremate the cremated remains are not claimed or disposed of
according to the written authorization to cremate, the crematory
shall give written notice by certified mail to the person who
signed the authorization to cremate that the cremated remains are
unclaimed and shall, request additionally further release
directions. Should the cremated remains be unclaimed one hundred
eighty calender days following the mailing of the written
notification the crematory may dispose of the cremated remains in
an appropriate manner and in accordance with local, state and
federal laws.
§61-13-9. Required records.
Every crematory shall create and maintain on its premises an
accurate record of every cremation provided. The record shall
include all of the following information for each cremation:
(a) The name of the person or other funeral establishment
delivering the body for cremation;
(b) The name of the deceased and the identification number
assigned to the body;
(c) The date of acceptance of delivery;
(d) The names of the cremation chamber and mechanical processor operator;
(e) The time and date that the body was placed in and removed
from the cremation chamber;
(f) The time and date that processing and inurnment of the
cremated remains was completed;
(g) The time, date and manner of release of the cremated
remains;
(h) The written authorization to cremate and the name and
address of the person who signed the authorization to cremate;
(i) The permit for cremation from the medical examiner and the
date it was presented to the operator of the cremation chamber; and
(j) All supporting documentation, including, but not limited
to, any transit or disposition permits, a photocopy of the death
certificate, any documents supporting attempt to deliver unclaimed
remains, and any documents listing objects remaining or removed
from the deceased prior to or after cremation.
61-13-11. Retention of records.
Records required under this article shall be maintained at the
crematory for a period of five calender years after the release of
the cremated remains. Following this period and subject to any
other law requiring retention of the records, the crematory may
then place the records in storage.
61-13-12. Areas of inspection.
The board of embalmers and funeral directors, as provided for under article sixty-one, chapter thirty of this code shall produce
an inspection report to use as a guide while inspecting an
establishment, a copy of which will be left with the establishment
at the conclusion of the inspection and a copy which will be filed
in the office of the board. Areas of inspections shall include
areas as determined by the board.
§61-13-13. Requirement to keep necessary equipment.
All funeral establishments shall maintain all necessary
equipment needed to comply with the requirements of this article as
well as all other materials in a clean, safe and sanitary
condition. All such equipment and materials shall be in good
repair and are subject to inspection. The building in which the
funeral establishment is located shall also be in good repair and
maintained in a clean, safe and sanitary condition and is subject
to inspection.
§61-13-14. Penalties.
Any violation of this rule constitutes grounds for the refusal
to renew a license or constitutes grounds for the suspension or
revocation or other disciplinary action as outlined in article six
of chapter thirty and article one of chapter thirty of the West
Virginia code.
§61-13-15. Additional cremations requirements.
(a) All licensed cremators shall obtain a permit for cremation
from the county medical examiner, assistant county medical examiner or the county coroner in whose county death takes place as stated
on the death certificate. The authorized crematory may obtain
authorization from the office of the chief medical examiner if:
(1) The crematory has concerns following authorization by county
personnel regarding the identity of the human remains or cause of
death of the decedent or; the crematory is unable to contact the
county medical examiner, assistant county medical examiner or
county coroner of the county in which death takes place.
(b) Authorization for cremation must be documented on a form
prescribed by the board of embalmers and funeral directors and the
form shall be filed with the chief medical
examiner. Authorization
for cremation may be requested and received by facsimile at the
discretion of the county medical examiner, assistant county medical
examiner or county coroner. Where the county medical examiner or
coroner is unwilling to issue authorization by facsimile, the
authorized crematory may request authorization by facsimile from
the office of the chief medical examiner at the discretion of the
chief medical examiner or his designee. The operator of the
crematory shall not cremate a dead human body prior to receiving
the written authorization to cremate from the legally authorized
person or the permit for cremation. These two documents shall be
retained as a requirement of the provisions of this article.
§61-13-16. Identification of a dead human body.
All licensed crematories shall develop, implement and maintain an identification procedure whereby dead human bodies can be
identified from the time the crematory accepts delivery of the
remains until the cremated remains are released to a legally
authorized person. After cremation an identifying disk, tab or
other permanent label shall be placed within the cremated remains
container before the cremated remains are released from the
crematory. This disk, tag or label shall be made of durable,
noncorroding materials. Each identification disk, tag or label
shall have a number that shall be recorded on all paperwork
regarding the decedent. The identification disk, tab or label
shall also contain the name of the decedent, the date of death, the
county and state where death occurred, the date of cremation, and
the name of the crematory. This procedure shall be designed to
reasonably ensure that the proper body is cremated and that the
cremated remains are returned to the appropriate legally authorized
person.
NOTE: The purpose of this bill is to provide a framework for
the regulation of the cremation of human remains. The bill sets
forth specific requirements for all procedures involved in handling
remains before and after cremation and includes penalty provisions
for violations of its provisions.
This article is new; therefore, strike-throughs and
underscoring have been omitted.