1. (1) A crematory shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:

   1. (a) The next of kin;
   2. (b) The county coroner or the county coroner's designee; or
   3. (c) An authorized person at the care facility where the deceased died.

2. (2) A crematory is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:

   1. (a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition;
   2. (b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or
   3. (c) Remains are released to a funeral establishment, another crematory, repository, or entity as authorized by the person who has the right of final disposition.

3. (3) The director shall adopt rules implementing this section that:

   1. (a) Establish what constitutes custody;
   2. (b) Define care facility, repository, and entity;
   3. (c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and
   4. (d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A crematory may use the crematory's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 957, § 1, effective October 1.

Editor's note: This section is similar to former § 12-54-308 as it existed prior to 2019.