Iowa-2019-HF2472-Introduced

H.F. 2472 Section 1. Section 144.1, Code 2020, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 3A. “Cremated remains” means all the 3 remains of the cremated human body recovered after the 4 completion of the cremation process, including pulverization 5 which leaves only bone fragments reduced to unidentifiable 6 dimensions, and may include the residue of any foreign matter 7 including casket material, bridgework, or eyeglasses that were 8 cremated with the human remains. 9 NEW SUBSECTION . 3B. “Cremation” means the technical 10 process, using heat and flame, that reduces human remains to 11 bone fragments, with the reduction taking place through heat 12 and evaporation. Cremation shall include the processing, and 13 may include the pulverization, of the bone fragments. 14 Sec. 2. Section 144.34, Code 2020, is amended to read as 15 follows: 16 144.34 Disinterment —— permit. 17 1. a. Disinterment of a dead body or fetus , without a court 18 order, shall be allowed for the purpose of autopsy or reburial 19 only, and then only if accomplished by a funeral director. A 20 permit for such disinterment and, thereafter, reinterment shall 21 be issued by the state registrar according to rules adopted 22 pursuant to chapter 17A or when ordered by the district court 23 of the county in which such body is buried. 24 b. Disinterment of cremated remains, without a court order, 25 may be allowed, but only if accomplished by a funeral director. 26 c. The state registrar, without a court order, shall not 27 issue a permit without the consent of the person authorized to 28 control the decedent’s remains under section 144C.5 . 29 2. a. Disinterment of a dead body or fetus for the 30 purpose of reburial may be allowed by court order only upon a 31 showing of substantial benefit to the public , and then only if 32 accomplished by a funeral director . 33 b. Disinterment of a dead body or fetus for the purpose of 34 autopsy or reburial by court order shall be allowed only when 35 -1- LSB 5758HV (2) 88 pf/rh 1/ 4

H.F. 2472 reasonable cause is shown that someone is criminally or civilly 1 responsible for such death, after hearing, upon reasonable 2 notice prescribed by the court to the person authorized to 3 control the decedent’s remains under section 144C.5 , and then 4 only if accomplished by a funeral director . 5 c. Disinterment of a dead body or fetus for the purpose of 6 cremation may be allowed by court order only upon a showing 7 of substantial benefit to the public, upon determination of 8 the state or county medical examiner that the manner of death 9 is due to natural causes, and then only if accomplished by a 10 funeral director. 11 3. A permit for disinterment and, thereafter, any 12 reinterment shall be issued by the state registrar according to 13 rules adopted pursuant to chapter 17A or when ordered by the 14 district court of the county in which such body is buried. 15 4. Due consideration under this section shall be given to 16 the public health , the dead, and the feelings of relatives . 17 Sec. 3. Section 144C.3, subsection 4, Code 2020, is amended 18 to read as follows: 19 4. A funeral director, an attorney, or any agent, owner, or 20 employee of a funeral establishment, cremation establishment, 21 cemetery, elder group home, assisted living program, adult day 22 services program, or licensed hospice program shall not serve 23 as a designee unless married to the declarant or related to the 24 declarant within the third degree of consanguinity. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to disinterment and final disposition of 29 human remains. 30 The bill provides definitions for “cremated remains” 31 and “cremation” for the purposes of the bill relating to 32 disinterment. 33 The bill provides the process for disinterment of a dead body 34 or fetus, or cremated remains, with or without a court order. 35 -2- LSB 5758HV (2) 88 pf/rh 2/ 4

H.F. 2472 In all cases, a permit must be issued by the state registrar 1 for disinterment and any reinterment, and the disinterment must 2 be accomplished by a funeral director. 3 The bill provides that disinterment of a dead body or fetus 4 without a court order shall be allowed for the purpose of 5 autopsy or reburial only. Under the bill, the purposes for 6 disinterment are not limited. Instead, the bill provides 7 that disinterment of cremated remains without a court order 8 may be allowed. In any case of disinterment without a court 9 order, the state registrar shall not issue a permit without 10 the consent of the person authorized to control the decedent’s 11 remains under Code section 144C.5 (final disposition of remains 12 —— right to control). 13 If disinterment of a dead body or fetus involves a court 14 order, and the purpose of the disinterment is for reburial, the 15 disinterment may only be allowed upon a showing of substantial 16 benefit to the public. If disinterment of a dead body or fetus 17 involves a court order, and the purpose of the disinterment 18 is for autopsy, the disinterment shall be allowed only when 19 reasonable cause is shown that someone is criminally or civilly 20 responsible for such death, after hearing, upon reasonable 21 notice to the person authorized to control the decedent’s 22 remains. If disinterment of a dead body or fetus involves 23 a court order, and the purpose of the disinterment is for 24 cremation, the disinterment may be allowed only upon a showing 25 of substantial benefit to the public, upon determination of the 26 state or county medical examiner that the manner of death is 27 due to natural causes. 28 Due consideration under the bill relative to disinterment 29 shall be given to the public health. 30 The bill also amends a provision of Code chapter 144C 31 (final disposition Act) specifying who may act as the designee 32 who shall have sole responsibility and discretion for making 33 decisions concerning the final disposition of the declarant’s 34 remains and the ceremonies planned after the declarant’s 35 -3- LSB 5758HV (2) 88 pf/rh 3/ 4

H.F. 2472 death. Under current law, a funeral director, an attorney, 1 or any agent, owner, or employee of a funeral establishment, 2 cremation establishment, cemetery, elder group home, assisted 3 living program, adult day services program, or licensed hospice 4 program shall not serve as a designee unless related to the 5 declarant within the third degree of consanguinity. Under the 6 bill, in addition to the exception for relatives within the 7 third degree of consanguinity, an individual who is one of the 8 named entities is exempt from the prohibition if the individual 9 is married to the declarant. 10 ARC 4849C amends an administrative rule governing the 11 issuance of disinterment permits for human (noncremated) 12 remains and cremated remains. ARC 4849C would exempt cremated 13 remains from the required issuance of a permit for any 14 relocation of remains from the original site of interment or 15 entombment if the purpose is for autopsy or burial. ARC 4849C 16 will go into effect upon the adjournment of the 2020 session 17 of the general assembly if the general assembly does not take 18 action relating to this rulemaking. 19 -4- LSB 5758HV (2) 88 pf/rh 4/ 4