SB 49 — Natural Organic Reduction Amendments

SB0049S02 compared with SB0049S01SB0049 {Omitted text} shows text that was in SB0049S01SB0049 but was omitted in SB0049S02 inserted text shows text that was not in SB0049S01SB0049 but was inserted into SB0049S02 DISCLAIMER:

{Funeral Services } Natural Organic Reduction Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

S ▸ updates a funeral service establishment's recordkeeping requirements;

B ▸ provides requirements for accepting remains for natural organic reduction;

0S ▸ limits liability for a funeral service establishment providing natural organic reduc4ion;reducBion;

S ▸ describes the procedure for natural organic reduction;

14 SB0049S01SB0049 compared with SB0049S02 ▸ provides the requirements for the final disposition of remains from the natural organic reduction process;

- 2 - SB0049S01SB0049 compared with SB0049S02 (1) "Dead body" means the same as that term is defined in Section 26B-8-101.

- 3 - SB0049S01SB0049 compared with SB0049S02 (7) "Regional pathologist" means an American Board of Pathology certified pathologist licensed to practice medicine and surgery in the state, appointed by the medical examiner [pursuant to] in accordance with Subsection 26B-8-202(3).

- 4 - SB0049S01SB0049 compared with SB0049S02 (1) (a) "Alkaline hydrolysis" means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue.

(10) "Cremated remains" means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization [which] that leaves only bone fragments reduced to - 5 - SB0049S01SB0049 compared with SB0049S02 unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains.

- 6 - SB0049S01SB0049 compared with SB0049S02 (g) delivery to a medical institution;[ or] (h) natural organic reduction;

and - 7 - SB0049S01SB0049 compared with SB0049S02 (ii) a facility used by the business in which funeral services may be conducted.

- 8 - SB0049S01SB0049 compared with SB0049S02 (i) managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment;

- 9 - SB0049S01SB0049 compared with SB0049S02 [(28)] (29) "Pulverization" means the reduction of identifiable bone fragments after the completion of the cremation or alkaline hydrolysis and processing to granulated particles by manual or mechanical means.

- 10 - SB0049S01SB0049 compared with SB0049S02 (3) Each applicant for licensure as a funeral service establishment and each funeral service establishment licensee shall:

- 11 - SB0049S01SB0049 compared with SB0049S02 (d) have obtained a passing score on an examination approved by the division in collaboration with the board;

- 12 - SB0049S01SB0049 compared with SB0049S02 (1) A person who violates the unlawful conduct provisions defined in Subsections 58-9-501(1) through [(4)] (5) is guilty of a class A misdemeanor.

- 13 - SB0049S01SB0049 compared with SB0049S02 (1) A person signing a funeral service agreement, cremation authorization form, alkaline hydrolysis authorization form, natural organic reduction authorization form, or other authorization for a decedent's disposition warrants the truthfulness of the facts set forth in the document, including the identity of the decedent and the person's authority to order the disposition.

- 14 - SB0049S01SB0049 compared with SB0049S02 (ii) the name of the funeral director and funeral service establishment that obtained the alkaline hydrolysis authorization;

(b) - 15 - SB0049S01SB0049 compared with SB0049S02 (i) The [person] individual referred to in Subsection (2)(a)(xii) shall execute the alkaline hydrolysis authorization form as a witness and is not responsible for any of the representations made by the authorizing agent.

and] [(iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without specific written permission of the individual who has the right to control those remains is guilty of a class B misdemeanor.] [(b) The fact that residue or any unavoidable dental gold or dental silver or other precious metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline hydrolysis process is not a violation of Subsection (4)(a).] - 16 - SB0049S01SB0049 compared with SB0049S02 Section 9.

- 17 - SB0049S01SB0049 compared with SB0049S02 (h) the name of the individual authorized to receive the human remains from the funeral service establishment;

(4) - 18 - SB0049S01SB0049 compared with SB0049S02 (a) The individual referred to in Subsection (2)(l) shall execute the natural organic reduction authorization form as a witness and is not responsible for any of the representations made by the authorizing agent.

- 19 - SB0049S01SB0049 compared with SB0049S02 (b) The funeral service establishment shall keep a copy of the receipt in the funeral service establishment's permanent records for a period of seven years.

and - 20 - SB0049S01SB0049 compared with SB0049S02 (iv) any other document required by this chapter.

- 21 - SB0049S01SB0049 compared with SB0049S02 (5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains.

and - 22 - SB0049S01SB0049 compared with SB0049S02 (c) under circumstances that do not amount to the activities described in Subsection (1)(a) or (b), and without specific written permission of the individual who has the right to control those remains, is guilty of a class B misdemeanor.

(5) - 23 - SB0049S01SB0049 compared with SB0049S02 (a) A funeral service establishment shall pack the unidentifiable bone particles described in Subsection (4) and the identification tag described in Subsection (3) in an urn or temporary container ordered by the authorizing agent.

(d) If the authorizing agent or the agent's representative has not specified the ultimate disposition of or claimed the remains within 60 days after the day on which the natural organic reduction process - 24 - SB0049S01SB0049 compared with SB0049S02 occurs, the funeral service establishment may dispose of the remains in any manner permitted by law, except scattering.

(b){(a)} {If remains are to be disposed of on private property, other than dedicated cemetery property, } the authorizing agent shall provide the funeral service establishment with the written consent of the property owner before disposal of the remains{.;}remains{.} ;

and (b){(4) {A funeral service establishment may not release remains to the ownerauthorizing ofagent or the privateagent's propertydesignated shall:representative until the funeral service establishment:} } {(a) {is given a receipt that shows the proper filing has been made with the local registrar of births and deaths;

or} } (b) the owner of the private property shall:

(B)- 25 - SB0049 compared with SB0049S02 (b){(B)} {makes } the location of the {proper filing with } remains on the {local registrar of births } property;

and {deaths.} (C) the day on which the remains were placed on the property.

(4){(5)}(5) The knowing use of remains in growing food for human consumption is unlawful conduct as described in Section 58-9-501.

- 25 - SB0049S01 compared with SB0049S02 Section 16.