(a)
- (1) In the event a death comes under the authority of the coroner or medical examiner, the human remains shall not be received by the crematory authority until authorization to cremate has been received from the coroner of the county in which the death occurred or the medical examiner.
- (2) In the event the crematory authority is also authorized to perform funerals as well as perform cremation, this restriction on the receipt of human remains shall not be applicable, but cremation may not take place until authorization by the coroner or medical examiner.
(b) A crematory authority shall hold human remains, prior to their cremation, according to the following provisions of this subsection:
- (1) Whenever a crematory authority is unable to cremate the human remains immediately upon taking custody thereof, the crematory authority shall place the human remains in a holding facility;
- (2) A crematory authority shall not be required to accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein; and
- (3) If human remains received by the crematory authority are not embalmed, they shall be held no longer than twenty-four (24) hours unless within a refrigerated facility.
(c)
- (1) The unauthorized, simultaneous cremation of the human remains of more than one (1) person within the same cremation chamber is forbidden, unless the crematory authority shall have received specific written authorization to do so from all authorizing agents for the human remains to be so cremated.
- (2) Such written authorization shall include an indemnification to exempt the crematory authority from all liability for commingling of the product of the cremation process.
- (d) Immediately prior to being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete.
(e)
- (1) Upon completion of the cremation, and insofar as is possible, all of the recoverable residue of the cremation process shall be removed from the cremation chamber.
- (2) Insofar as possible, all residue of the cremation process shall be separated from anything other than bone fragments and then be processed so as to reduce them to unidentifiable particles.
- (3) Anything other than the particles shall be removed from the cremated residuals as far as possible and shall be disposed of by the crematory authority.
(f) Cremated remains shall be packed according to the following provisions of this subsection:
(1)
- (A) The cremated remains with proper identification, such as a disk tracking system, shall be placed in a temporary container or urn.
- (B) The temporary container or urn contents shall not be contaminated with any other object, unless specific authorization has been received from the authorizing agent or as provided in subdivision (f)(2) of this section;
- (2) The cremated remains with proper identification shall be placed within the temporary container or urn ordered by the authorizing agent;
- (3) If the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains shall be in a separate container; and
(4)
- (A) When a temporary container is used to return the cremated remains, that container shall be placed in a suitable box and all box seams taped closed to increase the security and integrity of that container.
- (B) The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained therein and the name of the cremation authority.
(g)
- (1) If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be packed securely in a suitable, sturdy container and sealed properly.
- (2) Cremated remains shall be shipped only by a method which has an internal tracking system available and which provides a receipt signed by the person accepting delivery.
- (h) When an authorizing agent has indicated a preference for cremation as the form of final disposition, embalming or refrigeration shall not be required for a forty-eight-hour period after death, unless a health problem dictates otherwise.