Session Law

Identifying Information:L. 2001 ch. 183
Other Identifying Information:2001 Senate Bill 214
Tax Type:Other
Brief Description:An Act concerning the Kansas state board of mortuary arts; regulating crematories; amend- ing K.S.A. 65-1723 and 65-1732 and K.S.A. 2000 Supp. 65-1727 and repealing the ex- isting sections.
Keywords:


Body:

CHAPTER 183

SENATE BILL No. 214


An Act concerning the Kansas state board of mortuary arts; regulating crematories; amend-

ing K.S.A. 65-1723 and 65-1732 and K.S.A. 2000 Supp. 65-1727 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

New Section 1. As used in this act, unless the context clearly shows

otherwise:

(a) ``Alternative container'' means a receptacle, other than a casket,

in which dead human bodies are transported to the crematory and placed

in the cremation chamber for cremation. An alternative container shall

be (1) composed of readily combustible materials suitable for cremation,

(2) able to be closed in order to provide a complete covering for the dead

human bodies, (3) resistant to leakage or spillage, (4) rigid enough for

handling with ease, and (5) able to provide protection for the health,

safety and personal integrity of crematory personnel.

(b) ``Authorizing agent'' means a person legally entitled to authorize

the cremation and final disposition of specific dead human bodies as de-

fined in K.S.A. 2000 Supp. 65-1734, and amendments thereto.

(c) ``Board'' means the state board of mortuary arts.

(d) ``Cremated remains'' means all human remains recovered after

the completion of the cremation of a dead human body, which may pos-

sibly include the residue of any foreign matter including casket material,

bridgework or eyeglasses, that was cremated with the dead human body.

(e) ``Cremation'' means the reduction of a dead human body to es-

sential elements through direct exposure to intense heat and flame and

the repositioning or movement of the body during the process to facilitate

reduction, the processing of the cremated remains after removal from the

cremation chamber, placement of the processed remains in a cremated

remains container and release of the cremated remains to an appropriate

party.

(f) ``Cremation chamber'' means the enclosed space within which the

cremation of a dead human body is performed. Such chambers shall be

used exclusively for the cremation of human remains.

(g) ``Crematory'' means a business premises that houses the crema-

tion chamber and holding facility where dead human bodies are cre-

mated. A crematory shall be maintained at a fixed and specific street

address.

(h) ``Crematory operator in charge'' means the crematory operator

who is responsible to ensure that the crematory's license is current and

that the licensed crematory is in compliance with the laws and regulations

of this state. Nothing in this definition shall relieve other persons involved

with a cremation from complying with state and federal laws and regu-

lations.

(i) ``Dead human body'' means a lifeless human body or such parts

of a human body or the bones thereof from the state of which it reasonably

may be concluded that death recently occurred.

(j) ``Funeral director'' means a person who holds a current license as

a funeral director issued by the board.

(k) ``Funeral establishment'' means a funeral establishment or branch

establishment as licensed by the board.

(l) ``Holding facility'' means an area within or adjacent to a licensed

crematory designated for the retention of dead human bodies prior to the

act of cremation that shall:

(1) Comply with any applicable public health statute, regulation or

ordinance;

(2) preserve the dignity of the dead human body;

(3) recognize the integrity, health and safety of the crematory's per-

sonnel operating the crematory; and

(4) be secure from access by anyone other than authorized personnel.

(m) ``Potentially hazardous implant'' means any device previously

placed within the now deceased human body that would result in poten-

tial harm or damage at any time during the cremation process.

(n) ``Temporary container'' means a receptacle for cremated remains,

usually composed of cardboard, plastic or similar material, that can be

closed in a manner that prevents the leakage or spillage of the cremated

remains or the entrance of foreign material, and is a single container of

sufficient size to hold the cremated remains.

(o) ``Urn'' means a receptacle designed to encase the cremated re-

mains.

New Sec. 2. (a) No person shall operate a crematory to cremate a

dead human body or cause any dead human body to be cremated unless

the crematory is licensed under this act.

(b) Any building used as a crematory shall comply with all applicable

local and state building codes, zoning laws, ordinances and environmental

standards. A crematory shall have, on site, a motorized mechanical device

for processing cremated remains either in the building or adjacent to it

and a holding facility for the retention of dead human bodies awaiting

cremation. The holding facility shall be secure from access by anyone

except authorized personnel of the crematory, shall preserve the dignity

of the dead human bodies and shall protect the health and safety of the

crematory personnel.

(c) All applications for licensure as a crematory shall be on forms

furnished and prescribed by the state board of mortuary arts.

New Sec. 3. (a) The crematory operator in charge shall supervise the

licensed crematory on a full-time or a part-time basis and perform such

other duties relating to the supervision of a licensed crematory as pre-

scribed by the board by rules and regulations.

(b) No crematory or crematory operator in charge shall cremate or

cause to be cremated any dead human body until it has received:

(1) A cremation authorization form signed by an authorizing agent.

The written authorization shall include:

(A) The identity of the dead human body and the time and date of

death;

(B) the name of the funeral director or assistant funeral director and

the funeral establishment or branch establishment, or the authorizing

agent if, that obtained the cremation authorization;

(C) notification as to whether the cause of death occurred from a

disease declared by the department of health and environment to be

infectious, contagious, communicable or dangerous to the public health;

(D) the name of the authorizing agent and the relationship between

the authorizing agent and the decedent;

(E) authorization for the crematory to cremate the dead human body;

(F) a representation that the dead human body does not contain a

pacemaker or any other material or implant that may be potentially haz-

ardous or cause damage to the cremation chamber or the person per-

forming the cremation;

(G) the name of the person authorized to receive the cremated re-

mains from the crematory; and

(H) the signature of the authorizing agent, attesting to the accuracy

of all representations contained on the cremation authorization form.

(2) A completed and executed coroner's permit to cremate, as is pro-

vided in K.S.A. 65-2426a and amendments thereto, indicating that the

dead human body is to be cremated.

New Sec. 4. (a) No body shall be cremated with a pacemaker or

other potentially hazardous implant in place. The authorizing agent for

the cremation of the dead human body shall be responsible for informing

the licensed funeral director, assistant funeral director, embalmer or cre-

matory operator in charge about a known pacemaker or other potentially

hazardous implant. The authorizing agent shall be responsible for ensur-

ing that any known pacemaker or hazardous implant is removed before

delivery of the dead human body to the crematory. Bodies with pace-

makers or hazardous implants in the custody of a crematory operator shall

have any pacemaker or hazardous implant removed by an embalmer at a

funeral establishment or branch establishment with an embalming prep-

aration room unless the removal is to take place at a medical facility by

the appropriate medical personnel.

(b) A crematory shall hold dead human bodies, prior to their cre-

mation, according to the following provisions of this subsection:

(1) Whenever a crematory is unable to cremate the dead human body

immediately upon taking custody thereof, the crematory operator in

charge shall place the dead human body in a refrigeration facility at 40

degrees fahrenheit or less, unless the dead human body has been em-

balmed, or shall store the dead human body in a cremation container at

a funeral establishment or branch establishment; and

(2) a crematory operator in charge shall not be required to accept for

holding a cremation container from which there is any evidence of leakage

of body fluids from the dead human body therein.

(c) No unauthorized person shall be permitted in the crematory area

while any dead human body is in the crematory area awaiting cremation,

being cremated or being removed from the cremation chamber.

(d) The simultaneous cremation of more than one dead human body

within the same cremation chamber is prohibited without specific written

authorization to do so from all authorizing agents for the dead human

bodies to be so cremated. Such written authorization shall exempt the

crematory operator in charge from all liability for the comingling of the

cremated remains during the cremation process.

(e) The crematory shall maintain an identification system that will

insure that the cremated remains can be identified, as indicated on the

cremation authorization form, throughout all phases of the cremation

process.

(f) Upon completion of the cremation, and insofar as practicable, all

of the recoverable residue of the cremation process shall be removed

from the cremation chamber. If possible, the noncombustible materials

or items shall be separated from the cremated remains and disposed of,

in a lawful manner, by the crematory. The cremated remains shall be

reduced by motorized mechanical device to granulated appearance ap-

propriate for final disposition.

(g) Cremated remains shall be packed as follows:

(1) The cremated remains with proper identification shall be placed

in a temporary container or urn, unless specific written authorization has

been received from the authorizing agent or as provided in paragraph (2)

of this subsection. The temporary container or urn contents shall be

packed with clean packing materials;

(2) if the cremated remains will not fit within the dimensions of a

temporary container or urn, the remainder of the cremated remains shall

be returned to the authorizing agent or its representative in a separate

container attached to the first container or urn identifying such containers

as belonging together;

(3) when a temporary container is used to return the cremated re-

mains, that container shall be, at a minimum, a cardboard box with all

seams taped closed to increase the security and integrity of that container.

The outside of the container shall be clearly identified with the name of

the crematory and an indication that the container is a temporary con-

tainer; and

(4) if the cremated remains are to be shipped, the temporary con-

tainer or designated receptacle ordered by the authorizing agent shall be

securely packed in a suitable, sturdy, non-fragile container and sealed

properly. Cremated remains shall be shipped only by a method which has

an internal tracing system available and which provides a receipt signed

by the person accepting delivery.

New Sec. 5. (a) An authorizing agent signing a cremation authori-

zation form shall be deemed to warrant the truthfulness of any facts set

forth in such cremation authorization form, including the identity of the

deceased whose remains are sought to be cremated and such authoriza-

tion agent's authority to order such cremation. Any person signing a cre-

mation authorization form as an authorizing agent shall be personally and

individually liable for all damage occasioned thereby and resulting there-

from. A crematory operator in charge or a funeral director may rely upon

the representations of the authorizing agent in the cremation authoriza-

tion form.

(b) A funeral director, assistant funeral director or crematory opera-

tor in charge shall have the authority to arrange the cremation of a dead

human body upon the receipt of a cremation authorization form signed

by an authorizing agent. A funeral director, assistant funeral director or

crematory operator in charge who pursuant to a cremation authorization

arranges a cremation, cremates a dead human body then releases or dis-

poses of the cremated remains shall not be liable for such acts.

(c) A funeral director, assistant funeral director or crematory operator

in charge who refuses to arrange a cremation to accept a dead human

body or to perform a cremation shall not be liable for refusing to arrange,

to accept the dead human body or to perform the cremation until they

receive a court order or other suitable confirmation that the cause of the

refusal has been settled. Circumstances causing such a refusal may in-

clude:

(1) Awareness of a dispute concerning the cremation of the dead

human body; or

(2) a reasonable basis for questioning any of the representations made

by the authorizing agent; or

(3) any other lawful reason.

New Sec. 6. If an authorizing agent informs the funeral director, as-

sistant funeral director or the crematory operator in charge on the cre-

mation authorization form of the presence of a pacemaker or hazardous

implant in the dead human body such informed person shall be respon-

sible for ensuring that all necessary steps have been taken to remove the

pacemaker or hazardous implant. Should a funeral director or assistant

funeral director who delivers a dead human body to a crematory after

being informed that a pacemaker or hazardous implant is within the dead

human body and fails to ensure that the pacemaker or hazardous implant

has been removed from the dead human body pursuant to subsection (b)

of section 3 and amendments thereto, prior to delivery, and should the

dead human body be cremated with the pacemaker or hazardous implant,

then such funeral director or assistant funeral director who delivered the

dead human body to the crematory shall be liable for all resulting dam-

ages.

New Sec. 7. (a) The state board of mortuary arts shall adopt rules

and regulations for the administration and implementation of this act.

Such rules and regulations shall include the conditions under which dead

human bodies of persons who died from an infectious, contagious, com-

municable or dangerous disease can be transported from any place in the

state to a crematory for the purpose of cremation; shall establish minimal

standards of sanitation, required equipment and fire protection for all

crematories as deemed necessary for the protection of the public.

(b) A crematory operator in charge may adopt reasonable policies,

not inconsistent with this act or rules and regulations adopted by the

board.

(c) The state board of mortuary arts may refuse to issue or renew a

license or revoke or suspend a license for the crematory, upon a finding

that the crematory operator in charge:

(1) Has maintained or operated a building or structure within the

state as a crematory in violation of the provisions of this act or the rules

and regulations adopted by the board of mortuary arts;

(2) has performed a cremation without a cremation authorization

form signed by an authorizing agent;

(3) has made any misleading, deceptive, untrue or fraudulent state-

ments in applying for or securing an original or renewal license;

(4) has been convicted of a felony or an offense of moral turpitude,

and has not demonstrated to the board's satisfaction that such crematory

operator in charge has been sufficiently rehabilitated to warrant the public

trust;

(5) has violated any law, ordinance or rule and regulation affecting

the handling, custody, care or transportation of dead human bodies or

cremated remains;

(6) has been rendered unfit to operate a crematory by reason of ill-

ness, alcohol, chemicals or other types of substances, or as a result of any

mental or physical condition;

(7) has failed or refused to properly protect or guard against conta-

gious, communicable or infectious disease, or the spreading thereof;

(8) has or such person's agent, employee or representative has ad-

vertised, solicited or sold merchandise or services in a manner which is

fraudulent, deceptive or misleading in form or content;

(9) has been found by a court of competent jurisdiction to be mentally

ill, mentally disabled, not guilty by reason of insanity or incompetent to

stand trial by a court of competent jurisdiction;

(10) has failed to furnish the board, its investigators or representa-

tives, information requested by the board;

(11) has failed to report to the board any adverse action taken against

the crematory operator in charge or the crematory by another state or

licensing jurisdiction, professional association or society, governmental

agency, law enforcement agency or a court;

(12) has knowingly submitted any misleading, deceptive, untrue or

fraudulent representation on a claim form, bill, statement or similar in-

formation to an authorizing agent, consumer or representative of the

board;

(13) has had a license to operate a crematory revoked or suspended,

or had other action taken against oneself or had an application for a license

denied by the proper licensing authority of another state, territory, Dis-

trict of Columbia or other country. A certified copy of the record of the

action of the other jurisdiction being conclusive evidence thereof;

(14) has violated any rules and regulations adopted by the board or

any state or federal law related to the practice of operating a crematory;

or

(15) has failed to pay any fee required under this act.

(d) All administrative proceedings taken by the board pursuant to this

section shall be conducted in accordance with the provisions of the Kansas

administrative procedure act.

(e) A violation of this section or any provision of this act is hereby

declared to be a class A nonperson misdemeanor.

New Sec. 8. This act shall take precedence over any conflicting Kan-

sas laws, other than state environmental laws, that govern the handling

and disposition of dead human bodies for cremation and cremated re-

mains.

New Sec. 9. (a) The crematory operator in charge of a crematory,

located or doing business within the state, shall apply for and obtain a

crematory license from the board for each crematory.

(b) An application for a new license is required if the crematory has

a change in ownership, name, location or a change in the crematory op-

erator in charge. Such application shall be made to the board at least 30

days prior to the change of ownership, name or location or change in the

crematory operator in charge.

(c) The crematory license fee and crematory license renewal fee shall

be fixed by the board under K.S.A. 65-1727 and amendments thereto.

The disposition of all funds collected under the provisions of this act shall

be in accordance with the provisions of K.S.A. 65-1718 and amendments

thereto.

(d) A crematory license shall expire every two years on a date estab-

lished by the board. To continue operation of a crematory, a crematory

operator in charge shall submit a biennial renewal application form and

the crematory license renewal fee to the board before the expiration date

of such license.

(e) A crematory license shall be judged delinquent on midnight of

the expiration date and may only be renewed after that day by payment

of a renewal fee and a reinstatement fee in an amount equal to the re-

newal fee.

(f) It is unlawful for any person who is not an operator in charge of

a crematory under this act to operate a crematory or hold oneself out as

operating a crematory.

(g) The Kansas university medical center shall be exempt from this

statute for the purpose of cremating remains donated for dissecting, dem-

onstrating or teaching purposes.

Section 10. K.S.A. 65-1723 is hereby amended to read as follows: 65-

1723. The state board of mortuary arts shall have the power to adopt and

enforce all necessary rules and regulations not inconsistent with this act

for examining and licensing funeral directors and assistant funeral direc-

tors, issuing licenses by reciprocity, establishing ethical standards and

practices and regulating the general practice of funeral directing and cre-

mation. The board shall have the power to inspect funeral establishments,

including branch establishments and crematories, and to require that fu-

neral establishments, including branch establishments and crematories,

be maintained, operated and kept in a clean and sanitary condition in

accordance with the provisions of this act, rules and regulations of the

board and the any applicable rules and regulations of the secretary of

health and environment. If a person applies for a funeral director's license

for the purpose of opening a new funeral establishment or branch estab-

lishment, or for the purpose of operating a funeral establishment or,

branch establishment or crematory which has not been heretofore in-

spected and approved by the board, or if a licensed funeral director or

crematory operator in charge makes structural alterations or additions to

an existing funeral establishment or, branch establishment or crematory,

the board shall have the right to withhold the issuance or renewal of any

license until any such funeral establishment or, branch establishment or

crematory has been inspected and approved by the board or its repre-

sentatives. All references herein to ``board'' shall refer to the state board

of mortuary arts of the state of Kansas unless otherwise clearly indicated.

The board is hereby authorized and empowered to do all things necessary

and proper in the administration of all the provisions of this act. Members

of the state board of mortuary arts shall be allowed the same fees and

expenses as are allowed for administering the embalmers' license law.

Sec. 11. K.S.A. 2000 Supp. 65-1727 is hereby amended to read as

follows: 65-1727. (a) On or before October 15 of each year, the state

board of mortuary arts shall determine the amount of funds that will be

required during the next ensuing two years to properly administer the

laws which the board is directed to enforce and administer under the

provisions of article 17 of chapter 65 of the Kansas Statutes Annotated,

and acts amendatory of the provisions thereof and supplemental thereto,

and by rules and regulations shall fix fees in such reasonable sums as may

be necessary for such purposes within the following limitations:

Embalmers examination fee, not more than $200 $300
Embalmers endorsement application fee, not more than 400
Embalmers reciprocity application fee, not more than 300 400
Funeral directors examination fee, not more than 200 300
Funeral directors reciprocity application fee, not more than 300 400
Embalmers/funeral directors reciprocity application fee, not more than 400
Assistant funeral directors application fee, not more than 100 200
Embalmers license and renewal fee, not more than 150 250
Funeral directors license and renewal fee, not more than 250 350
Assistant funeral directors license and renewal fee, not more than 200 300
Apprentice embalmers registration fee, not more than 100 150
Funeral establishment license fee, not more than 500 800
Branch establishment license fee, not more than 500 800
Crematory license fee, not more than 800
Crematory renewal fee, not more than 800
Funeral establishment/crematory license fee, not more than 1000
Funeral establishment/crematory renewal fee, not more than 1000
Branch establishment/crematory license fee, not more than 1000
Branch establishment/crematory renewal fee, not more than 1000
Duplicate licenses 20
Rulebooks 20
Continuing education program sponsor applications 25
Continuing education program licensee applications 25
At least 30 days prior to the expiration date of any license issued by the

board, the board shall notify the licensee of the applicable renewal fee

therefor.

(b) The fees established by the board under this section immediately

prior to the effective date of this act shall continue in effect until such

fees are fixed by the board by rules and regulations as provided in this

section. An owner of a licensed funeral establishment or licensed branch

establishment and a licensed crematory may be charged by the board a

combined funeral establishment/crematory license or renewal fee or

branch establishment/crematory license or renewal fee under this section

in lieu of a separate license or renewal fee for each facility.

(c) The state board of mortuary arts may license embalmers via en-

dorsement from another state: (1) if the individual has been licensed for

at least five years and has completed at least five consecutive years of

active practice in embalming; (2) has passed the national examination

written by the international conference of funeral service examining

boards; and (3) has not had any adverse action taken against such licensee

by the state board in which licensure is held. The original fee for such

endorsement license and the renewal fee shall be in the amounts fixed by

the board in accordance with the provisions of this section.

(c) (d) Fees paid to the board are not refundable.

Sec. 12. K.S.A. 65-1732 is hereby amended to read as follows: 65-

1732. With respect to the cremation of dead bodies, as such term is

defined in subsection (4) (5) of K.S.A. 65-2401 and amendments thereto,

if after a period of 120 90 days from the time of cremation the cremated

remains have not been claimed, the funeral establishment, branch estab-

lishment or crematory may dispose of the cremated remains: (a) If the

funeral establishment, branch establishment or crematory has sent by

certified mail, return receipt requested, at least 30 days prior to the end

of such period of time to the last known address of the responsible person

who directed and provided for the method of final disposition of the dead

human remains authorizing agent as defined under section 1 of this act,

and amendments thereto, a notice that such remains will be disposed of

in accordance with the provisions of this section unless claimed prior to

the end of the one-hundred-twenty-day 90-day period of time; and (b) if

the remains have not been claimed prior to the end of such period of

time. Such disposal shall include burial by placing the remains in a church

or cemetery plot, scatter garden, or pond, or church columbarium or

otherwise disposing of the remains as provided by rule and regulation of

the board of mortuary arts. Disposition may include the commingling of

the cremated remains with other cremated remains and thus the cremated

remains would not be recoverable.

Sec. 13. K.S.A. 65-1723 and 65-1732 and K.S.A. 2000 Supp. 65-1727

are hereby repealed.

Sec. 14. This act shall take effect and be in force from and after

January 1, 2002, and its publication in the statute book.

Approved May 21, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001