(a) Except as otherwise provided in this section, a crematory authority shall not cremate human remains until it has received:

1. (1)

   1. (A) A cremation authorization form signed by an authorizing agent and which identifies the funeral director arranging the cremation.
   2. (B) The cremation authorization form shall be provided by the crematory authority and shall contain the following information:

(b) (b) Permissible methods of identifying the remains include:

1. (1) (1) Verifying the name on the hospital bracelet or anklet with the fact sheet;
2. (2) (2) Verifying the name on the funeral home bracelet;
3. (3) (3) A photo of the deceased;
4. (4) (4) Confirmation of the deceased’s identity by the authorizing agent; and

5. (5) (5) Proof of identity as submitted to the crematory authority directly by law enforcement or by any other appropriate legal or governmental authority;

   1. (ii) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;

      1. (iii) Authorization for the crematory authority to cremate the human remains;
      2. (iv) Cremation final disposition rights form, or a representation that the authorizing agent is unaware of any objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; and
      3. (v) The name of the person authorized to claim the remains from the crematory authority;
6. (2) A completed and executed burial transit permit or other disposition authorization signed by the authority having jurisdiction to authorize final disposition of a dead human body, as provided in the laws of the state or territory where death occurred, indicating that the human remains are to be cremated;
7. (3) A death certificate, fetal death certificate, or other disposition authorization signed by the authority having jurisdiction to authorize final disposition of a dead human body in the state, territory, or country where death occurred; and
8. (4) Any other documentation required by any county or municipality.

(b)

1. (1) If an authorizing agent is not available to execute the cremation authorization form, that person may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a written communication that contains the name, address, and relationship of the sender to the deceased, and the name and address of the individual to whom authority is delegated, indemnifying the delegated individual and the crematory authority from all liability concerning the cremation.

2. (2) Upon receipt of the written communication, the crematory authority shall allow this individual to serve as the authorizing agent and execute the cremation authorization form, and the crematory authority shall be entitled to rely upon the cremation authorization form.

   1. (c) A crematory authority may accept an electronic copy of the cremation authorization form, including the electronic signature of the authorizing agent.

      1. (d) A crematory authority shall maintain the necessary records as set out in this part.

(e) Upon receipt of the human remains, the crematory authority shall furnish to the person who delivers such human remains, a receipt signed by both the crematory authority and the person who delivers the human remains showing:

1. (1) The date of delivery;
2. (2) The name of the person from whom the human remains were received and that person’s employer;
3. (3) The name of the person who received the human remains on behalf of the crematory authority;
4. (4) The name and license number of the crematory authority; and
5. (5) The name of the deceased.

(g)

1. (1) A crematory authority shall retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in this section.
2. (2) The record of cremation shall also include the date that the cremation and distribution or disposition by the crematory authority of the cremated remains, occurred.

(h)

1. (1) A crematory authority shall not accept unidentified human remains.

2. (2) If the crematory authority takes custody subsequent to the human remains being placed within a cremation container, the crematory authority shall place appropriate identification upon the exterior of the cremation container.

   1. (i) A crematory authority shall accept human remains from the establishment that is responsible for making arrangements with the next of kin or other authorized agent.

(j)

1. (1) If the crematory authority accepts nonhuman remains for cremation, those nonhuman remains shall be cremated only in a cremation chamber or retort designed and manufactured for the cremation of nonhuman remains.
2. (2) Human remains shall be cremated only in a cremation chamber or retort designed and manufactured for the cremation of human remains.
3. (3) The cremation chamber or retort for human remains should be clearly marked as such.
4. (4) Likewise, the cremation chamber or retort for nonhuman remains should be clearly marked as such.
5. (5) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services has no regulatory authority over the cremation of nonhuman remains except as otherwise provided in this subsection.