(a)
(1) Each cremation authorization form used by a crematory authority shall include language that:
- (A) Authorizes it to proceed with the cremation and disposition of the cremains; and
- (B) Indemnifications to exempt it from liability, when it has performed as directed and in accordance with all applicable laws and this part.
(2) Further, the following provisions apply:
- (A)
(i) Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in the form, including the identity of the deceased whose remains are sought to be cremated and that person’s authority to order such cremation.
(ii) Any person signing a cremation authorization form shall be personally and individually liable for all damage occasioned thereby and resulting therefrom;
(B)
- (i) A crematory authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent.
- (ii) There shall be no liability for a crematory authority, disposition authority, or other person or legal entity that cremates human remains pursuant to such authorization, or that releases or disposes of the cremated remains pursuant to such authorization;
- (C) A crematory authority shall not be responsible or liable for any valuables delivered to the crematory authority with human remains;
(D) A crematory authority shall not be liable for refusing to accept a body or to perform a cremation in dispute until it receives a court order or other suitable confirmation that a dispute has been settled if:
- (i) It is aware of any dispute concerning the cremation of human remains;
- (ii) It has a reasonable basis for questioning any of the representations made by the authorizing agent; or
- (iii) For any other lawful reason; and
(E)
- (i) If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release or disposition of the cremated remains.
- (ii) A crematory authority shall not be liable for refusing to release or dispose of cremated remains in accordance with this section.