SB 61 — Funeral Services Licensing Amendments

61{[(31){]} by{(30)} manual} "Temporary container" means a receptacle for cremated or mechanicalalkaline means.hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired.

[(29){[(32){]} "Resomation"{(31)} means} the"Unlawful alkalineconduct" hydrolysis process.] (30) "Sales agent" means anthe individualsame licensedas underthat thisterm chapteris asdefined ain preneedSections funeral58-1-501 arrangementand sales58-9-501. agent.

(31){[(33){]} "Temporary{(32)} container"} means"Unprofessional aconduct" receptaclemeans for cremated or alkaline hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the crematedsame remainsas untilthat anterm urnis ordefined otherin permanentSections container58-1-501 isand acquired.58-9-502.

(32){[(34){]} "Unlawful{(33)} conduct"} "Urn" means thea samereceptacle asdesigned thatto termpermanently isencase definedcremated inor Sectionsalkaline 58-1-501hydrolysis andremains. 58-9-501.

(33) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-9-502.

(34) "Urn" means a receptacle designed to permanently encase cremated or alkaline hydrolysis remains.

58-9-61158-9-611. .

{Disposition } Final placement of remains{cremated from} remainsfrom cremation.

(1)(a)(1) - 7 - SB0061 compared with SB0061S01 (a) An authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the final [disposition] placement of the remains from cremation[cremated remains], if known.

(2)(a)(2) (a) The authorizing agent is responsible for the [disposition of the cremated remains] final placement of remains from cremation.

and -(ii) 7is -discharged 1stfrom Sub.any legal obligation or liability concerning the remains once the [disposition has been made] person conducts the final placement of remains.

(Green) S.B.

61 01-20 20:03 (ii) is discharged from any legal obligation or liability concerning the remains once the [disposition has been made] person conducts the final placement of remains.

(3)(a)(3) (a) An authorizing agent may direct a funeral service establishment to [dispose of] conduct the final placement of remains or arrange for the[ disposition of cremated remains] final placement of remains from cremation:

(b) If [cremated remains are to be disposed of] the authorizing agent intends to {dispose cremated } conduct the final placement of remains on private property, other than dedicated cemetery property, - 8 - SB0061 compared with SB0061S01 the authorizing agent shall provide the funeral service establishment with the written consent of the property owner [prior to disposal of the remains] before the final placement of remains.

58-9-61358-9-613. .

and -(c) 8any -other 01-20documentation 20:03required 1stby Sub.the state, county, or municipality.

(Green)(2) S.B.(a) The alkaline hydrolysis authorization form shall contain, at a minimum, the following information:

61 (c) any other documentation required by the state, county, or municipality.

(2)(a) The alkaline hydrolysis authorization form shall contain, at a minimum, the following information:

(v) a representation that the authorizing agent has the right to authorize the disposition of the decedent by alkaline hydrolysis and that the authorizing agent is not aware of any living [person] individual with a superior or equal priority right to that of the authorizing agent, except - 9 - SB0061 compared with SB0061S01 that if there is another living [person] individual with a superior or equal priority right, the alkaline hydrolysis authorization form shall contain a representation that the authorizing agent has:

-(xi) 9if -the 1stalkaline Sub.hydrolysis authorization form is being executed on a preneed basis, the disclosure required for preneed programs under this chapter;

(Green) S.B.

61 01-20 20:03 (xi) if the alkaline hydrolysis authorization form is being executed on a preneed basis, the disclosure required for preneed programs under this chapter;

(b)(i)(b) (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.

(3)(a)- 10 - SB0061 compared with SB0061S01 (3) (a) A funeral service establishment may not accept unidentified human remains for alkaline hydrolysis.

(b) If a funeral service establishment takes custody of an alkaline hydrolysis container [[subsequent subsequent to] after the human remains [being] were placed within the container, the funeral service establishment can rely on the identification made before the remains were placed in the container.

(4)(a)(4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos from human remains:

(b) The fact that residue or any unavoidable dental gold or dental silver or other precious -metals 10remain -in 01-20alkaline 20:03hydrolysis 1stequipment Sub.or a container used in a prior alkaline hydrolysis process is not a violation of Subsection (4)(a).

(Green) S.B.

61 metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline hydrolysis process is not a violation of Subsection (4)(a).

58-9-61458-9-614. .

(1)(a)(1) (a) A funeral service establishment shall furnish to the [person] individual who delivers human remains to the establishment for alkaline hydrolysis a receipt signed by a representative of the establishment and the [person] individual making the delivery, showing:

- 11 - SB0061 compared with SB0061S01 (iv) the name of the funeral establishment or other entity with whom the person making the delivery is affiliated;

(2)(a)(2) (a) Upon release of human remains after alkaline hydrolysis, a funeral service establishment shall furnish to the [person] individual who receives the human remains a receipt signed by a representative of the funeral service establishment and the [[person] person] individual who receives the human remains, showing:

(b)(i)(b) (i) The receipt shall contain a representation from the person receiving the human remains confirming that the remains will not be used for any improper purpose.

(ii) Upon release of the human remains, the person to whom the human remains were released may transport the human remains in any manner in the state, without a -permit, 11and -[dispose 1stof Sub.the human remains] conduct the final placement of remains in accordance with this chapter.

(Green) S.B.

61 01-20 20:03 permit, and [dispose of the human remains] conduct the final placement of remains in accordance with this chapter.

(3)(a)(3) - 12 - SB0061 compared with SB0061S01 (a) The funeral service establishment shall maintain at the funeral service establishment's place of business a permanent record of each disposition by alkaline hydrolysis that took place at the funeral service establishment.

58-9-61758-9-617. .

Final {disposition } placement of remains from the alkaline hydrolysis process.

(1)(a)(1) (a) An authorizing agent shall provide the person with whom the authorizing agent makes alkaline hydrolysis arrangements [are made with ]a signed statement specifying the final [disposition] placement of [the ]remains from the alkaline hydrolysis process, if known.

(2)(a)(2) (a) The authorizing agent is responsible for the final [disposition] placement of [the ]]remains remains from the alkaline hydrolysis process.

and -(ii) 12is -discharged 01-20from 20:03any 1stlegal Sub.obligation or liability concerning the remains once the final [disposition] placement of remains has been made.

(Green)- S.B.13 - SB0061 compared with SB0061S01 (3) (a) An authorizing agent may direct a funeral service establishment to [dispose of] conduct the final placement of remains or arrange for the final [disposition] placement of remains from the alkaline hydrolysis process:

61 (ii) is discharged from any legal obligation or liability concerning the remains once the final [disposition] placement of remains has been made.

(3)(a) An authorizing agent may direct a funeral service establishment to [dispose of] conduct the final placement of remains or arrange for the final [disposition] placement of remains from the alkaline hydrolysis process:

(b) If the authorizing agent intends to {dispose of } conduct the final placement of remains from the alkaline hydrolysis process [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] the final placement of [the ]remains.

58-9-61858-9-618. .

(4)(a)(4) - 14 - SB0061 compared with SB0061S01 (a) A funeral service establishment may arrange for the alkaline hydrolysis process upon receipt of an alkaline hydrolysis authorization form signed by an authorizing -agent. 13 - 1st Sub.

(Green) S.B.

61 01-20 20:03 agent.

(7)(a)(7) (a) If a funeral service establishment is aware of a dispute concerning the release or disposition of remains from the alkaline hydrolysis process in the funeral service establishment's possession, the establishment may refuse to release the remains until:

Effective date.

1-20-26 8:03 PM - 1415 -