- (a) No dead human body shall be embalmed without written authorization.
- (b) Written authorization to embalm a dead human body must be obtained from either the individual lawfully entitled to custody of the body, or the individual’s legal designee, and the authorization must be obtained as soon as possible following the death.
(c) Oral permission to embalm shall constitute an effective authorization to embalm if the individual seeking permission to embalm:
- (1) Uses the word “embalm”;
- (2) Briefly explains the nature of embalming;
- (3) Briefly outlines the existing laws regulating the timing and reasons for embalming; and
- (4) Obtains written authorization as soon as is possible thereafter.
- (d) The original written authorization to embalm shall be maintained in the records of the funeral establishment that causes the embalming to be performed, and a copy of the authorization must be delivered to the person who has legal right to control the disposition, or that person’s legal designee.
- (e) Predeath directives authorizing embalming, duly executed by the deceased, shall be given full legal effect and shall constitute effective authorization to embalm under this section.
- (f) When embalming is required, permission to embalm shall, as a matter of law, be implied.