Section 4145. Deaths; burial and removal permits; disposition of remains  


Latest version.
  • 1.
      No  person  in charge of any premises on which interments, cremations or
      other disposition of the body of a deceased person are made shall  inter
      or  permit  the  interment or other disposition of any body unless it is
      accompanied by a burial, cremation or transit  permit,  as  provided  in
      this article.
        2.  (a)  The  funeral  director or undertaker shall deliver the burial
      permit to the  person  in  charge  of  the  place  of  burial  or  other
      disposition before interring or otherwise disposing of the body or shall
      attach  the  removal  or  transit permit to the box containing the body,
      when shipped by any transportation company, which permit shall accompany
      the remains to its destination, where, if within this state, it shall be
      delivered to the person in charge  of  the  place  of  burial  or  other
      disposition.
        (b)  Any  person  or  other  entity  owning,  operating,  managing, or
      designated to receive the body of  a  deceased  person  at  a  place  of
      burial,  cremation,  or  other  final  disposition  in  this  state, who
      receives the body of a deceased person, shall provide a receipt for  the
      body  to  the  funeral  director,  undertaker or registered resident who
      delivered such body. Each receipt shall (i) be  endorsed  by  both  such
      person and the funeral director, undertaker or registered resident, (ii)
      indicate  the date the body was delivered, (iii) include the name of the
      funeral director, undertaker or registered resident delivering the  body
      and  the  registration  number  of  such funeral director, undertaker or
      registered resident, (iv) include the name  of  the  registered  funeral
      firm the funeral director, undertaker or registered resident represents,
      (v) include the name of the deceased person as it appears on the burial,
      cremation,  or  transit  permit, and (vi) include the name of the owner,
      operator,  manager,  or  person  in  charge  of  the  place  of  burial,
      cremation,  or  other  final  disposition  who  received the body of the
      deceased person. A copy of such receipt shall be retained by the  owner,
      operator,  manager,  or  person  in  charge  of  the  place  of  burial,
      cremation, or other final disposition for a period of not less than four
      years, and shall be made available for inspection  by  the  division  of
      cemeteries during normal business hours. The original copy of every such
      receipt  shall  be retained by the licensed funeral firm for a period of
      not less than four years pursuant to the rules and  regulations  of  the
      department governing the maintenance of records.
        3.  The  person  in charge of the place of burial or other disposition
      shall endorse upon the permit, the date of interment,  or  cremation  or
      other  disposition  over  his signature, and shall return all permits so
      endorsed to the registrar of his district within seven  days  after  the
      date of interment, cremation or other disposition.
        4.  When  burying  or  otherwise  disposing  of the body of a deceased
      person in a cemetery or burial place having no  person  in  charge,  the
      funeral  director  or  undertaker  shall  (a) sign the burial or removal
      permit, giving the date of burial; (b) write  across  the  face  of  the
      permit  the  words  "No  person  in charge; " and (c) file the burial or
      removal permit within three days with the registrar of the  district  in
      which the cemetery is located.
        5.  The  person  in charge of the place of burial, cremation, or other
      disposition shall keep a record of  all  bodies  interred  or  otherwise
      disposed  of  on the premises under his charge, in each case stating the
      name of each  deceased  person,  place  of  death,  date  of  burial  or
      disposal,  and  name  and address of the funeral director or undertaker,
      which record shall at all time be open to official inspection.