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| PRIOR PRINTER'S NO. 1053 | PRINTER'S NO. 2050 |
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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, BOSCOLA AND ALLOWAY, APRIL 13, 2011 |
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| SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, MARCH 27, 2012 |
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| AN ACT |
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1 | Providing for the licensing and regulation of cremation; | <-- |
2 | prescribing penalties; and establishing the Crematory |
3 | Regulation Fund. |
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 | 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, including the medical |
14 | examiner or coroner, who is legally entitled to authorize the |
15 | cremation of human remains. |
16 | "Board." The State Board of Funeral Directors. | <-- |
17 | "Body parts." Organs, tissues, eyes, bones, blood, blood |
18 | vessels and other portions of the human anatomy. |
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1 | "Burial disposition permit." As required under the act of | <-- |
2 | June 29, 1953 (P.L.304, No.66), known as the Vital Statistics |
3 | Law of 1953. |
4 | "Casket." A rigid container designed for the encasement of |
5 | human remains, usually constructed of wood, metal or like |
6 | material and ornamented and lined with fabric, which may or may | <-- |
7 | not be combustible. |
8 | "Cemetery." As defined in the act of February 19, 1980 | <-- |
9 | (P.L.15, No.9), known as the Real Estate Licensing and |
10 | Registration Act. A place for the disposal or burial of deceased | <-- |
11 | human beings, by cremation or in a grave, mausoleum, vault, |
12 | columbarium or other receptacle. |
13 | "Change of ownership." A transfer of more than 50% of the |
14 | stock or assets of a crematory licensee. |
15 | "Closed container." Any container in which cremated remains |
16 | can be placed and closed in a manner so as to prevent leakage or |
17 | spillage of remains or the entrance of foreign material. |
18 | "Commission." The Real Estate Commission. | <-- |
19 | "Cremated remains." All the remains of the cremated human |
20 | body and its associated materials that may include the casket, |
21 | cremation container and acceptable personal belongings. |
22 | "Cremation." The technical process, using mechanical, | <-- |
23 | thermal and other mechanical or thermal dissolution, that | <-- |
24 | reduces human remains to bone fragments. The term includes the |
25 | processing and pulverization of the bone fragments. |
26 | "Cremation chamber." The enclosed space within which the |
27 | cremation process takes place. Cremation chambers licensed under |
28 | this act shall be used exclusively for the cremation of human |
29 | remains. |
30 | "Cremation container." The container in which the human |
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1 | remains are placed in the cremation chamber for a cremation and |
2 | which container is: |
3 | (1) Composed of combustible materials suitable for |
4 | cremation. |
5 | (2) Able to be closed in order to provide a complete |
6 | covering for the human remains. |
7 | "Crematory." The building or portion of a building that |
8 | houses the cremation chamber and the holding facility. |
9 | "Crematory licensee." The legal entity or the authorized |
10 | representative of the legal entity which is licensed to operate |
11 | a crematory. |
12 | "Department." The Department of Health of the Commonwealth. | <-- |
13 | "Disposition permit." As required under the act of June 29, |
14 | 1953 (P.L.304, No.66), known as the Vital Statistics Law of |
15 | 1953. |
16 | "Final disposition." The burial or other disposition on a |
17 | permanent basis of a deceased human body, body parts or cremated |
18 | remains. |
19 | "Funeral director." As defined in the act of January 14, |
20 | 1952 (1951 P.L.1898, No.522), known as the Funeral Director Law. |
21 | "Funeral establishment." Every place or premise approved by |
22 | the State Board of Funeral Directors wherein a licensed funeral |
23 | director conducts the professional practice of funeral directing |
24 | including the preparation, care and funeral services for the |
25 | human dead. |
26 | "Holding facility." An area within or adjacent to the |
27 | crematory facility designated for the retention of human remains |
28 | prior to cremation. |
29 | "Human remains." The body of a deceased person, or part of a |
30 | body or limb that has been removed from a living person, |
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1 | including the body, part of a body or limb in any stage of |
2 | decomposition. |
3 | "Ossuary." A receptacle, building or site that serves as a |
4 | final resting place for commingled human remains. |
5 | "Processing." The reduction of identifiable bone fragments |
6 | after the completion of the cremation process to unidentifiable |
7 | bone fragments. |
8 | "Pulverization." The reduction of identifiable bone |
9 | fragments after the completion of the cremation and processing |
10 | to unidentifiable granulated particles by manual or mechanical |
11 | means. |
12 | "Scattering area." A designated area for the scattering of | <-- |
13 | cremated remains, usually in a cemetery and located on dedicated |
14 | cemetery property where cremated remains which have been removed |
15 | from their container can be mixed with or placed on top of the |
16 | soil or ground cover or placed in an ossuary. |
17 | "Temporary container." A receptacle for cremated remains. |
18 | "Urn." A receptacle designed to encase the cremated remains |
19 | for interment and noninterment purposes. |
20 | Section 3. Establishment of crematory and licensure of |
21 | crematory. |
22 | (a) Crematory.--Any person doing business in this |
23 | Commonwealth or any cemetery, funeral establishment, | <-- |
24 | corporation, partnership, joint venture, voluntary organization |
25 | or any other entity, if licensed under this act, may intending | <-- |
26 | to erect, maintain and conduct a crematory in this Commonwealth |
27 | and provide the necessary facilities for the cremation of human |
28 | remains must be licensed in accordance with the provisions of | <-- |
29 | this act. |
30 | (b) Crematory licensee.--A crematory licensee shall be |
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1 | subject to all Federal, State and local health and environmental |
2 | and zoning subdivision and land development requirements and |
3 | ordinances and shall obtain all necessary licenses and permits |
4 | from the respective board or commission State Board of Funeral | <-- |
5 | Directors or the State Real Estate Commission and the Federal |
6 | and State environmental agencies or other appropriate Federal, |
7 | State or local agencies. |
8 | (c) Facilities.--License applications for crematories shall |
9 | be on forms furnished and prescribed by the respective board or | <-- |
10 | commission department and shall provide the respective board or | <-- |
11 | commission with the following information: |
12 | (1) The full name and address, both residence and | <-- |
13 | business, of the applicant if the applicant is an individual; |
14 | the full name and address of each partner and the partnership |
15 | if the applicant is a partnership; the full name and address |
16 | of every member of the board of directors and the association |
17 | if the applicant is an association; and the name and address |
18 | of every officer, director and shareholder holding more than |
19 | 25% of the corporate stock of the corporation and the name of |
20 | the corporation if the applicant is a corporation. The name | <-- |
21 | and address of the licensed operator as shown on the permit |
22 | issued by the Department of Environmental Protection. |
23 | (2) A copy of the Department of Environmental Protection |
24 | permit and application. |
25 | (2) (3) Proof of liability insurance for no less than | <-- |
26 | $1,000,000. |
27 | (3) (4) A detailed statement for each of the individuals | <-- |
28 | listed in the application on the Department of Environmental | <-- |
29 | Protection permit under paragraph (1) (2) providing their | <-- |
30 | employment for the last ten years immediately preceding the |
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1 | application permit issuance, any felony or misdemeanor | <-- |
2 | convictions or arrests or involvement in civil litigation in | <-- |
3 | which fraud was an element of the crime or complaint and any | <-- |
4 | information about disciplinary actions or the loss or |
5 | suspension of any professional license in this Commonwealth |
6 | or any other state and, in particular, related to the |
7 | business of funeral directing or operation of a cemetery or |
8 | crematory. |
9 | (4) The address of the crematory. | <-- |
10 | (5) Evidence confirming the date the crematory was |
11 | permitted to be open and began operation. |
12 | (6) A description of the type of structure and equipment |
13 | used or to be used in the operation of the crematory. |
14 | (7) (5) Copies of all other licenses or permits required | <-- |
15 | for a crematory to operate in this Commonwealth. |
16 | (8) (6) Any further information that the respective | <-- |
17 | board or commission may reasonably department may request. | <-- |
18 | (c.1) Crematory license fee.--A license application must be | <-- |
19 | accompanied by a license fee in the amount of $1,000 for each |
20 | legal entity to be licensed under this act. The department may |
21 | increase the fee by regulation in an amount sufficient to cover |
22 | the cost of administration of this act. |
23 | (d) Annual report.--Each crematory licensee shall file an |
24 | annual report with the respective board or commission | <-- |
25 | department, accompanied by a fee in an amount to be determined | <-- |
26 | by the respective board or commission department. The | <-- |
27 | information provided under subsection (c) or (d) must indicate |
28 | if any changes that have occurred. The annual report shall be | <-- |
29 | filed by a crematory licensee on or before March 15 of each | <-- |
30 | calendar year with the respective board or commission | <-- |
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1 | department. If the fiscal year of a crematory licensee is other | <-- |
2 | than on a calendar-year basis, then the crematory licensee shall |
3 | file the report required by this section within 75 days after |
4 | the end of its fiscal year. The respective board or commission |
5 | shall, for good cause shown, grant an extension for the filing |
6 | of the annual report upon written request of the crematory |
7 | licensee. An extension shall not exceed 60 days. If a crematory |
8 | licensee fails to submit an annual report to the respective | <-- |
9 | board or commission department within the time specified in this | <-- |
10 | section, the respective board or commission department shall | <-- |
11 | impose upon the crematory licensee a penalty of $1,000 for each |
12 | day the crematory licensee remains delinquent in submitting the |
13 | annual report. |
14 | (e) Inspection of records and facilities.--All records |
15 | relating to the operation of the crematory licensee required to |
16 | be filed under this section shall be subject to inspection by |
17 | the respective board or commission department. The respective | <-- |
18 | board or commission department shall have the authority to | <-- |
19 | inspect the facilities at any time and must inspect the facility |
20 | on an unannounced annual basis. |
21 | (f) Prohibition.--No person, cemetery, funeral | <-- |
22 | establishment, corporation, partnership, joint venture, |
23 | voluntary organization or any other or entity shall cremate any | <-- |
24 | human remains, except in a crematory licensed for this express | <-- |
25 | purpose and under the limitations as provided in this act. | <-- |
26 | (g) Crematory personnel.-- |
27 | (1) Each crematory for which a license is required shall | <-- |
28 | be operated under the supervision of a manager qualified in | <-- |
29 | accordance with rules adopted by the respective board or |
30 | commission. Each manager shall be required to successfully |
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1 | pass a written examination evidencing an understanding of the |
2 | applicable provisions of law. No person shall engage in the | <-- |
3 | business of, act in the capacity of, or advertise or assume |
4 | to act as, a crematory manager without first obtaining a |
5 | license. |
6 | (2) The crematory licensee or authorized representative |
7 | shall provide training to all crematory personnel involved in |
8 | the cremation process. This training shall lead to a |
9 | demonstrated knowledge on the part of an employee regarding |
10 | identification procedures used during cremation, operation of |
11 | the cremation chamber and processing equipment and all laws |
12 | relevant to the handling of cremated human remains. This |
13 | training shall be outlined in a written plan maintained by |
14 | the crematory licensee for inspection by an inspector of the | <-- |
15 | respective board or commission. No employee shall be allowed |
16 | to operate any cremation equipment until the employee has |
17 | demonstrated an understanding of procedures required to |
18 | ensure that health and safety conditions are maintained at |
19 | the crematory and that cremated remains are not commingled |
20 | other than for residue. The crematory licensee shall maintain |
21 | a record to document that an employee has received training. |
22 | Any crematory that fails to produce a written employee | <-- |
23 | instruction plan, or record of employee training for |
24 | inspection upon request shall have 15 working days from the |
25 | time of the request to produce a plan or training record for |
26 | review. The license of the crematory shall be suspended if no |
27 | plan or training record is produced for review after 15 | <-- |
28 | working days have elapsed. |
29 | Section 4. Authorizing agent. |
30 | Cremations may be performed only after the crematory has |
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1 | received signed authorization from the authorizing agent or his |
2 | designated agent. |
3 | Section 5. Authorization to cremate. |
4 | (a) General rule.--Except as otherwise provided in this |
5 | section, a crematory licensee shall not cremate human remains |
6 | until it has received from the funeral director, the coroner or |
7 | medical examiner the following information: |
8 | (1) A cremation authorization form signed by an |
9 | authorizing agent. The cremation authorization form shall |
10 | have the name of the cremation licensee, its address and the |
11 | name of its manager prominently displayed on the top of the |
12 | form. The cremation authorization form shall contain, at a |
13 | minimum, the following information: |
14 | (i) The identity of the human remains, if known, |
15 | including status as a veteran, and the time and date of |
16 | death and verification that the remains have been |
17 | identified by the authorizing agent or his designated |
18 | representative, or the coroner or medical examiner |
19 | indicates the remains cannot be identified. |
20 | (ii) The name of the funeral director and funeral |
21 | establishment, where appropriate, that obtained the |
22 | cremation authorization. |
23 | (iii) Notification as to whether the death occurred |
24 | from a disease declared by the Centers for Disease |
25 | Control (CDC) to be infectious, contagious or |
26 | communicable. |
27 | (iv) The name and address of the authorizing agent |
28 | and, where appropriate, the relationship between the | <-- |
29 | authorizing agent and the decedent. |
30 | (v) A representation that the authorizing agent does |
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1 | in fact have the right to authorize the cremation of the |
2 | decedent and that the authorizing agent is not aware of |
3 | any living person who has a superior or equal priority |
4 | right to that of the authorizing agent. In the event |
5 | there is another living person who has a superior or |
6 | equal priority right to the authorizing agent, the form |
7 | shall contain a representation that the authorizing agent |
8 | has made reasonable efforts to contact that person, has |
9 | been unable to do so and has no reason to believe that |
10 | the person would object to the cremation of the decedent. |
11 | (vi) Authorization for the crematory licensee to |
12 | cremate the human remains. |
13 | (vii) A representation that the human remains do not |
14 | contain a pacemaker or any other material or implant that |
15 | may be potentially hazardous or cause damage to the |
16 | cremation chamber or the operator of the crematory. |
17 | (viii) The name of the person authorized to receive |
18 | the cremated remains from the crematory licensee. |
19 | (ix) The signature of the authorizing agent |
20 | attesting to the accuracy of all representations |
21 | contained on the cremation authorization form. |
22 | (x) The cremation authorization form shall also be |
23 | signed by a funeral director when one is used. That | <-- |
24 | funeral director, if any, who shall execute the cremation | <-- |
25 | authorization form as a witness and shall not be |
26 | responsible for any of the representations made by the |
27 | authorizing agent except the funeral director or funeral |
28 | establishment shall warrant to the crematory licensee |
29 | that the human remains delivered to the crematory |
30 | licensee have been positively identified as the decedent |
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1 | listed on the cremation authorization form by the |
2 | authorizing agent or a designated representative of the |
3 | authorizing agent. Such identification shall be made in |
4 | person or by photograph or other identification as | <-- |
5 | approved by the department by the authorizing agent or |
6 | designated representative of the authorizing agent. |
7 | (2) A completed and executed burial disposition permit, | <-- |
8 | as provided by State law, indicating that human remains are | <-- |
9 | to be cremated. |
10 | (b) Delegation.--If an authorizing agent is not available to |
11 | execute the cremation authorization form, that person may |
12 | delegate that authority to another person in writing, including |
13 | electronic transmission. A written delegation of authority of an |
14 | authorizing agent shall include: |
15 | (1) The name, address and relationship of the |
16 | authorizing agent to the decedent. |
17 | (2) The name and address of the person to whom authority |
18 | is delegated and that the person authorized under this |
19 | section may serve as the authorizing agent and execute the |
20 | cremation authorization form. |
21 | (c) Unidentified remains.--A crematory licensee shall not |
22 | accept unidentified human remains unless the coroner or medical |
23 | examiner within this Commonwealth is directing disposition of | <-- |
24 | the remains pursuant to a disposition permit. When the crematory | <-- |
25 | licensee takes custody of a cremation container subsequent to |
26 | the human remains being placed within it, the crematory licensee |
27 | may rely on the identification made before the body was placed |
28 | in the cremation container. The crematory licensee shall place |
29 | appropriate identification upon the exterior of the cremation |
30 | container based on the prior identification. |
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1 | Section 6. Cremation records and required information. |
2 | (a) General rule.-- |
3 | (1) A crematory shall maintain on its premises an |
4 | accurate record of all cremations performed, including: |
5 | (i) The name of referring funeral director, if any, |
6 | or coroner or medical examiner. |
7 | (ii) The name of deceased. |
8 | (iii) The date of cremation. |
9 | (iv) The name of cremation chamber operator. |
10 | (v) The time and date that human remains were |
11 | inserted in the cremation chamber. |
12 | (vi) The time and date that human remains were |
13 | removed from cremation chamber. |
14 | (vii) The time and date that final processing of | <-- |
15 | cremated remains was completed. |
16 | (viii) The disposition of cremated remains. |
17 | (vii) The name and address of the individual who | <-- |
18 | accepted the cremated remains. |
19 | (ix) (viii) The name and address of authorizing | <-- |
20 | agent. |
21 | (x) (ix) The identification number assigned to the | <-- |
22 | deceased. |
23 | (xi) (x) A photocopy of the disposition permit filed | <-- |
24 | in connection with the disposition. |
25 | (2) The information under paragraph (1) shall be |
26 | maintained for ten years after the cremation is performed and |
27 | shall be subject to inspection. |
28 | (3) The crematory licensee shall furnish a receipt to | <-- |
29 | the person who delivers human remains to the crematory |
30 | licensee a receipt, which shall be signed by both the | <-- |
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1 | crematory licensee and the funeral director or his agent, if | <-- |
2 | any, who delivers the human remains, showing: |
3 | (i) The date and time of the delivery. |
4 | (ii) The type of casket or cremation container that |
5 | was delivered. |
6 | (iii) The name of the person from whom the human |
7 | remains were received and the name of the funeral |
8 | establishment, if any. | <-- |
9 | (iv) The name of the person who received the human |
10 | remains on behalf of the crematory licensee. |
11 | (v) The name of the decedent. |
12 | (4) The crematory licensee shall retain a copy of the |
13 | receipt under paragraph (3) for ten seven years. | <-- |
14 | (b) Release of remains.--Cremated remains shall only be |
15 | released or disposed of in accordance with the law, and the |
16 | expressed written consent of the authorizing agent. Upon its |
17 | release of cremated remains, the crematory licensee shall |
18 | furnish to the person who receives the cremated remains from the |
19 | crematory licensee a receipt signed by both the crematory |
20 | licensee and the person who receives the cremated remains |
21 | showing the date and time of the release, the name of the person | <-- |
22 | to whom the cremated remains were released and, if applicable, |
23 | the name of the funeral establishment, cemetery or other entity |
24 | with whom the person is affiliated, the name of the person who |
25 | released the cremated remains on behalf of the crematory |
26 | licensee and the name of the decedent. The crematory licensee |
27 | shall retain a copy of this receipt for ten years. |
28 | (c) Disposal.--The crematory licensee shall maintain a |
29 | record of all cremated remains disposed of by the crematory |
30 | licensee for ten seven years. | <-- |
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1 | (d) Record for interment of cremated remains.--Upon |
2 | completion of the cremation, where appropriate, the crematory |
3 | licensee shall issue the record for interment of cremated |
4 | remains required by law to the authorizing agent or designee |
5 | that receives the cremated remains. |
6 | (e) Cemeteries.--All cemeteries shall maintain a record of |
7 | all cremated remains that are interred or scattered on their |
8 | property. |
9 | (f) Sale of crematory.--If a change in crematory ownership |
10 | should occur, all records subject to subsections (a), (b) and |
11 | (c) shall become the property of the majority owner. |
12 | Section 7. Cremation containers. |
13 | (a) Delivery and disposition.--Human remains must be | <-- |
14 | delivered to a crematory in a casket or cremation container |
15 | marked with the decedent's name, date of death and whether or |
16 | not the remains have been embalmed. Human remains and any |
17 | personal property shall not be removed from the casket or |
18 | cremation container without the permission of the authorized |
19 | agent and the casket or cremation container shall be cremated |
20 | with the human remains and personal property unless the |
21 | crematory licensee has been provided with written instructions |
22 | to the contrary by the authorizing agent or unless the crematory |
23 | licensee does not accept certain materials for cremation. The |
24 | crematory licensee must disclose unacceptable materials prior to |
25 | delivery of the human remains. |
26 | (b) Treatment of prosthetics and valuables; disposition to | <-- |
27 | family; and resale.--The department shall develop a procedure |
28 | for the sale or disposal of prosthetics and valuables. |
29 | Section 8. Cremation procedures. |
30 | (a) Acceptance.--Crematory licensees shall only accept human | <-- |
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1 | remains from funeral directors, medical examiners and coroners |
2 | or their designees. |
3 | (b) Procedure.--Human remains shall not be cremated within |
4 | 24 hours after the time of death, as indicated on the |
5 | certificate of death or the coroner's or medical examiner's |
6 | certificate. If the death comes under the authority of the |
7 | coroner or medical examiner, the human remains shall not be |
8 | received by the crematory licensee until authorization to |
9 | cremate has been received in writing or orally or verifiable | <-- |
10 | electronic format from the coroner or medical examiner of the |
11 | county in which the death occurred and provided to the crematory |
12 | licensee. In no instance shall the lapse of time between the |
13 | death and any cremation be less than 24 hours unless the death |
14 | was a result of an infectious, contagious or communicable |
15 | disease and such requirement is waived in writing or orally or | <-- |
16 | verifiable electronic format by the coroner or medical examiner |
17 | where the death occurred and is deemed necessary. |
18 | (c) (b) 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) (c) Crematory licensee.--A crematory shall cremate only | <-- |
29 | human remains in cremation chambers, along with the casket or |
30 | cremation container, and 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) (d) Holding remains.--A crematory licensee shall hold | <-- |
4 | human remains prior to their cremation according to the |
5 | following: |
6 | (1) Whenever a crematory licensee is unable to cremate |
7 | the human remains immediately upon taking custody of the |
8 | remains, the crematory licensee shall place the human remains |
9 | in a refrigeration facility at 40 degrees Fahrenheit or less |
10 | at a suitable location, unless the human remains have been |
11 | embalmed. |
12 | (2) A crematory licensee shall not be required to accept |
13 | for holding a cremation container from which there is |
14 | evidence of leakage of the body fluids from the human remains |
15 | therein. |
16 | (f) (e) Authorized persons.--Only those persons authorized | <-- |
17 | by the crematory licensee shall be permitted in the crematory |
18 | area while any human remains are in the crematory area awaiting |
19 | cremation, being cremated or being removed from the cremation |
20 | chamber. |
21 | (g) (f) Multiple cremations.--The simultaneous cremation of | <-- |
22 | the human remains of more than one person within the same |
23 | cremation chamber is not allowed permitted unless the crematory | <-- |
24 | licensee has received specific written authorization to do so |
25 | from all authorizing agents for the human remains to be so |
26 | cremated. A written authorization shall exempt the crematory |
27 | licensee from all liability for commingling of the cremated |
28 | remains during the cremation process. |
29 | (h) (g) Verification.--Immediately prior to being placed | <-- |
30 | within the cremation chamber, the identification of the human |
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1 | remains, as indicated on the cremation container, shall be |
2 | verified by the crematory licensee. |
3 | (i) (h) Residue.--Upon completion of the cremation, and | <-- |
4 | insofar as possible, all of the recoverable residue of the |
5 | cremation process shall be removed from the cremation chamber. |
6 | Insofar as possible, all residue from the cremation process |
7 | shall then be separated from anything other than bone fragments. |
8 | The remaining bone fragments shall be processed and pulverized |
9 | to reduce them to unidentifiable granulated particles. Any other |
10 | materials shall be removed from the cremated residuals as far as |
11 | possible and shall be disposed of by the crematory licensee. |
12 | (j) (i) Packing.--Cremated remains shall be packed as | <-- |
13 | follows: |
14 | (1) The cremated remains with the proper identification |
15 | shall be placed in a temporary container or urn. The |
16 | temporary container or urn contents shall be packed in clean |
17 | packing materials and shall not be contaminated with any |
18 | other object unless specific authorization has been received |
19 | from the authorizing agent or as provided in this act. |
20 | (2) If the cremated remains do not fit within the |
21 | dimensions of a temporary container or urn, the remainder of |
22 | the cremated remains shall be returned to the authorizing |
23 | agent or his or her representatives in a separate container. |
24 | Containers or urns shall be clearly marked on the outside of |
25 | the container or urn with the name of the deceased person |
26 | whose cremated remains are contained therein and an |
27 | indication that containers are being used to hold the |
28 | cremated remains. |
29 | (3) If the cremated remains are to be shipped, the |
30 | temporary container or designated receptacle ordered by the |
|
1 | authorizing agent shall be packed securely in a suitable, |
2 | sturdy and pressure-resistant container which is not fragile |
3 | and is sealed properly. Cremated remains shall be shipped |
4 | only by a method which has an internal tracing system |
5 | available and which provides a receipt signed by the person |
6 | accepting delivery. |
7 | (k) (j) Removal of body parts.--No funeral director or | <-- |
8 | funeral establishment shall remove body parts, permit others to |
9 | remove body parts or use funeral establishment facilities to |
10 | remove body parts from human remains except as necessary to |
11 | perform embalming or other services in preparation for burial or |
12 | cremation authorized in writing by the authorizing agent. If a |
13 | funeral director is notified by a person authorized to make |
14 | donations pursuant to 20 Pa.C.S. Ch. 86, Subch. B (relating to |
15 | express anatomical gifts) that he wishes to donate body parts |
16 | from human remains within the funeral director's custody, the |
17 | funeral director shall immediately notify the federally |
18 | designated organ procurement organization serving that region. |
19 | Notwithstanding any provision to the contrary, the organ |
20 | procurement organization or a Pennsylvania nonprofit eye bank |
21 | registered with the U.S. Food and Drug Administration and |
22 | accredited by the Eye Bank Association of America shall be |
23 | permitted to perform a recovery of donated ocular tissue, |
24 | including, without limitation, the whole eye, cornea and sclera, |
25 | and associated blood specimens at the funeral establishment if |
26 | the donation is authorized under 20 Pa.C.S. Ch. 86 (relating to |
27 | anatomical gifts) and performed consistent with accepted | <-- |
28 | procedures. Appropriate documentation from the organ procurement |
29 | organization shall be provided. |
30 | Section 9. Disposition of cremated remains. |
|
1 | (a) Responsibility.--The authorizing agent is responsible |
2 | for the disposition of the cremated remains. If, after a period |
3 | of 30 days from the date of cremation, the authorizing agent or |
4 | his representative has not specified the ultimate disposition of |
5 | or claimed the cremated remains, the crematory licensee, the |
6 | funeral establishment or other person in possession of the |
7 | cremated remains may dispose of the cremated remains in 30 days |
8 | in any manner permitted by law, except scattering. A record of |
9 | the disposition shall be made and kept by the person making the |
10 | disposition. Upon disposing of cremated remains in accordance |
11 | with this section, the crematory licensee, funeral establishment |
12 | or person in possession of the cremated remains shall be |
13 | discharged from any legal obligation or liability concerning |
14 | such cremated remains. |
15 | (b) Delivery.--The licensed funeral director, as |
16 | appropriate, shall deliver the cremated remains to the |
17 | individual specified by the authorizing agent on the cremation |
18 | authorization form. The representative of the crematory licensee |
19 | and the individual receiving the cremated remains shall sign a |
20 | receipt indicating the name of the deceased, the date, time and |
21 | place of the receipt and other information as provided in |
22 | section 5. If the cremated remains are shipped, a record of the |
23 | internal tracing history and the signed receipt shall suffice. |
24 | The funeral director and crematory licensee shall retain a copy |
25 | of the internal tracing history and the signed receipt. |
26 | Section 10. Veterans. |
27 | (a) Determination.--In order to determine if the cremated |
28 | remains belong to a veteran, the crematory licensee, the funeral |
29 | establishment or other person in possession of the cremated |
30 | remains may share the information with the United States |
|
1 | Department of Veterans Affairs, a state department of military |
2 | and veterans affairs, a county veterans' affairs office or a |
3 | national or county veterans' cemetery. |
4 | (b) Liability.--For the purposes of this section, the |
5 | crematory licensee, the funeral establishment or other person in |
6 | possession of the cremated remains shall not be liable for |
7 | releasing and sharing information in accordance with subsection |
8 | (a) in order to determine the decedent's veteran status. |
9 | (c) Reimbursement.--The authorizing agent shall be |
10 | responsible for reimbursing a funeral establishment or |
11 | organization under subsection (a) for all reasonable expenses |
12 | incurred in relation to the disposition of the cremated remains. |
13 | (d) Record.--The licensed funeral director or crematory |
14 | licensee must maintain a record identifying the organization |
15 | under subsection (a) that receives the cremated remains and the |
16 | site designation for final disposition of the cremated remains. |
17 | Section 11. Limitation of liability. |
18 | (a) General rule.--Any person signing a cremation |
19 | authorization form as an authorizing agent shall be deemed to |
20 | warrant the truthfulness of any facts set forth in the cremation |
21 | authorization form, including the identity of the deceased whose |
22 | remains are sought to be cremated and that person's authority to |
23 | order such cremation. Any person other than a coroner or medical |
24 | examiner signing a cremation authorization form as an |
25 | authorizing agent shall be personally and individually liable |
26 | for any resulting damage. A crematory licensee and a funeral |
27 | establishment may rely upon the representations of the |
28 | authorizing agent in the cremation authorization form. |
29 | (b) Funeral establishment.--A funeral establishment shall | <-- |
30 | have the authority to arrange the cremation of human remains |
|
1 | upon the receipt of a cremation authorization form signed by an |
2 | authorizing agent. A crematory licensee shall have authority to |
3 | cremate human remains upon the receipt of a cremation |
4 | authorization form signed by an authorizing agent, so long as |
5 | they are in accordance with section 8(b). |
6 | (c) (b) Refusal.-- | <-- |
7 | (1) A funeral establishment that refuses to arrange a | <-- |
8 | cremation and a crematory licensee that refuses to accept |
9 | human remains or crematory licensee that refuses to perform a | <-- |
10 | cremation shall not be liable for refusing to accept the |
11 | human remains or to perform a cremation until they receive a |
12 | court order or other suitable confirmation that a dispute has |
13 | been settled: |
14 | (i) if they are aware of any dispute concerning the |
15 | cremation of human remains; |
16 | (ii) if they have a reasonable basis for questioning |
17 | any of the representations made by the authorizing agent; |
18 | or |
19 | (iii) for any other lawful reason. |
20 | (2) If a funeral establishment or crematory licensee is |
21 | aware of any dispute concerning the release or disposition of |
22 | the cremated remains, the funeral establishment or crematory |
23 | licensee may refuse to release the cremated remains until the |
24 | dispute has been resolved or the funeral establishment or |
25 | crematory licensee has been provided with a court order or |
26 | other suitable confirmation authorizing the release or |
27 | disposition of the cremated remains. Funeral establishments |
28 | and crematory licensees shall not be liable for the refusal |
29 | to release or dispose of cremated remains in accordance with |
30 | this subsection. |
|
1 | Section 12. Pacemakers and other battery-powered implants. |
2 | If any authorizing agent informs the funeral establishment in |
3 | writing on the cremation authorization form of the presence of a |
4 | pacemaker or other battery-powered implants in the human |
5 | remains, the funeral establishment shall be responsible for |
6 | ensuring that all necessary steps have been taken to remove the |
7 | pacemaker or other battery-operated implants before delivering |
8 | the human remains to the crematory. If the funeral establishment |
9 | that has received written notice of the presence of a pacemaker |
10 | or implant delivers the human remains to the crematory without |
11 | removing the pacemaker or implant from the human remains, and if |
12 | the human remains are cremated with the pacemaker or implant, |
13 | the funeral establishment that delivered the human remains to |
14 | the crematory shall also be liable for all resulting damages. |
15 | Section 13. Administration. |
16 | (a) General rule.--The Department of State and the | <-- |
17 | Department of Health department may promulgate regulations | <-- |
18 | consistent with this act. Regulations may include: | <-- |
19 | (1) The conditions under which human remains with an |
20 | infectious, contagious or communicable disease can be |
21 | transported from any portion of this Commonwealth to a |
22 | crematory for the purpose of cremation. |
23 | (2) Minimum standards of sanitation, required equipment |
24 | and fire protection for all crematories which the department |
25 | may deem necessary for the protection of the public. |
26 | (b) Crematory rules policies.--A crematory licensee may | <-- |
27 | enact rules policies consistent with this act for the management | <-- |
28 | and operation of a crematory, the types of cremation containers |
29 | it will accept, authorization forms required, witnesses to a |
30 | cremation and similar provisions. Nothing in this subsection |
|
1 | shall prevent a crematory licensee from enacting rules policies | <-- |
2 | which are more stringent than the provisions contained in this |
3 | act except that no crematory licensee shall make or enforce any |
4 | rules policies requiring that human remains be placed in a | <-- |
5 | casket before cremation or that human remains be cremated in a |
6 | casket, nor shall a crematory licensee refuse to accept human | <-- |
7 | remains for cremation for the reason that they are not in a |
8 | casket. |
9 | (c) Violations.--Violations of this act shall be punishable | <-- |
10 | as follows: |
11 | (1) Operating a crematory without being licensed under |
12 | this act, or performing a cremation without a cremation |
13 | authorization form signed by an authorizing agent constitutes |
14 | a misdemeanor of the second degree. Each cremation shall |
15 | constitute a separate violation. |
16 | (2) Engaging in the activities of a crematory manager |
17 | without holding a valid, unexpired crematory manager |
18 | registration certificate. No licensed crematory manager shall |
19 | engage in the activities of a crematory manager without being |
20 | employed by, or without being a sole proprietor, partner or |
21 | corporate officer of a licensed crematory. |
22 | (3) A violation of any other provision of this act |
23 | constitutes a misdemeanor of the third degree or a civil |
24 | penalty up to $10,000. |
25 | (4) A person commits a felony of the second degree if he |
26 | takes or exercises unlawful control over a limb or other |
27 | portion of the anatomy removed from a person or human remains |
28 | without first obtaining the written consent of the |
29 | authorizing agent. |
30 | (c) Actions against unlicensed crematory.-- | <-- |
|
1 | (1) Whenever a license is required by this act to |
2 | maintain or operate a crematory, the department may maintain |
3 | an action in the name of the Commonwealth for an injunction |
4 | or other process restraining or prohibiting any person from |
5 | establishing, conducting or operating any unlicensed |
6 | crematory. |
7 | (2) Should a person who is refused a license or the |
8 | renewal of a license to operate or conduct a crematory, or |
9 | whose license to operate or conduct a crematory is suspended |
10 | or revoked, fail to appeal, or should such appeal be decided |
11 | finally favorable to the department, then the court shall |
12 | issue a permanent injunction upon proof that the person is |
13 | operating or conducting a crematory without a license as |
14 | required by this act. |
15 | (d) Actions against violations of law, rules and |
16 | regulations.-- |
17 | (1) Whenever any person, regardless of whether the |
18 | person is a licensee, has violated any of the provisions of |
19 | this act or the regulations issued under this act, the |
20 | department may maintain an action in the name of the |
21 | Commonwealth for an injunction or other process restraining |
22 | or prohibiting the person from engaging in such activity. |
23 | (2) Any person, regardless of whether the person is a |
24 | licensee, who has committed a violation of any of the |
25 | provisions of this act or of any rule or regulation issued |
26 | under this act, including failure to correct a serious |
27 | licensure violation, as defined by regulation, within the |
28 | time specified in a deficiency citation, may be assessed a |
29 | civil penalty by an order of the department of up to $500 for |
30 | a first violation and up to $1,000 for subsequent violations |
|
1 | for each deficiency for each day that each deficiency |
2 | continues. Civil penalties shall be collected from the date |
3 | the crematory receives notice of the violation until the |
4 | department confirms correction of the violation. |
5 | (3) When all other sources of funding have been |
6 | exhausted, the department shall apply funds collected as a |
7 | result of the assessment of a civil penalty to the protection |
8 | of the health or property of residents of this Commonwealth. |
9 | Funds may be utilized to: |
10 | (i) Provide payment to temporary management. |
11 | (ii) Maintain the operation of the crematory pending |
12 | correction of deficiencies or closure. |
13 | (e) Closure for threat to health or safety.--Whenever the |
14 | department determines that deficiencies pose an immediate and |
15 | serious threat to the health or safety of residents of this |
16 | Commonwealth near the crematory, the department may direct the |
17 | closure of the crematory and the transfer of cremated remains to |
18 | other licensed crematories. |
19 | Section 14. Preneed cremation arrangements. |
20 | (a) General rule.--Any preneed contract sold by or preneed |
21 | arrangements made with a funeral establishment that includes a |
22 | cremation shall specify the ultimate disposition of the cremated |
23 | remains if known and that portion of the agreement shall be |
24 | initialed by the individual making the arrangements. In the |
25 | event no additional or different instructions are provided to |
26 | the funeral establishment by the authorizing agent at the time |
27 | of death, the funeral establishment and the crematory licensee |
28 | shall be authorized to release or dispose of the cremated |
29 | remains as indicated in the preneed agreement. Upon compliance |
30 | with the terms of that preneed agreement, the funeral |
|
1 | establishment shall be released from any liability concerning |
2 | the disposition of the cremated remains. |
3 | (b) Specific provisions.-- |
4 | (1) Any person on his or her own behalf, as the |
5 | authorizing agent, shall execute a cremation authorization |
6 | form on a preneed basis. The individual or authorizing agent |
7 | shall have the right to transfer the arrangements for such |
8 | cremation or cancel this authorization at any time prior to |
9 | death by rescinding the executed cremation authorization form |
10 | in writing and providing written notice to funeral | <-- |
11 | establishment. |
12 | (2) At the time of the death of a person who has |
13 | executed, as the authorizing agent, a cremation authorization |
14 | form on a preneed basis, any person in possession of an |
15 | executed form and any person charged with making arrangements |
16 | for the final disposition of the decedent who has knowledge |
17 | of the existence of an executed form shall use their best |
18 | efforts to ensure that the decedent is cremated and that the |
19 | final disposition of the cremated remains is in accordance |
20 | with the instructions contained on the cremation |
21 | authorization form. If a crematory licensee is in possession |
22 | of a completed cremation authorization form that was executed |
23 | on a preneed basis, is in possession of the designated human |
24 | remains, the crematory licensee shall be required to cremate |
25 | the human remains and dispose of the cremated remains |
26 | according to the instructions contained on the cremation |
27 | authorization form and may do so without any liability. |
28 | Section 15. Crematory Regulation Fund. | <-- |
29 | (a) Fund established.--The Crematory Regulation Fund is |
30 | established as a restricted account within the General Fund. |
|
1 | (b) Disposition of moneys.--All fees, fines and civil |
2 | penalties collected in accordance with this act shall be paid |
3 | into the Crematory Regulation Fund and are hereby appropriated |
4 | to the Department of Health for use in the performance of its |
5 | duties under this act. |
6 | Section 16. Initial applications. |
7 | Applications for licensure under this act shall be accepted |
8 | by the department beginning within 12 months of the effective |
9 | date of this section. |
10 | Section 30. Effective date. |
11 | This act shall take effect in 60 days. | <-- |
12 | This act shall take effect as follows: | <-- |
13 | (1) Section 13(c) shall take effect in 18 months. |
14 | (2) The remainder of this act shall take effect in 60 |
15 | days. |
|
