SB241: SB241 Funeral Directors; organic human reduction as a means of disposing of deceased human bodies; provide

25 LC 55 0530 Senate Bill 241 By: Senators Williams of the 25th, Anderson of the 24th, Mallow of the 2nd, Robertson of the 29th and Parent of the 44th AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to1 funeral directors and establishments, embalmers, and crematories, so as to provide for the2 organic human reduction as a means of disposing of deceased hum an bodies; to provide3 identification requirements for deceased human bodies that are to undergo organic human4 reduction; to require the licensure of organic human reduction facilities; to provide5 exceptions; to provide for requirements of organic human reduction facilities; to provide for6 requirements of organic human reduction; to provide for the dis position of unclaimed7 organically reduced remains; to provide definitions; to amend T itles 10, 31, and 36 of the8 Official Code of Georgia Annotated, relating to commerce and tr ade, health, and local9 government, respectively, so as to require a disposition permit for the organic human10 reduction of a dead human body or fetus; to provide for the bur ial at sea of organically11 reduced remains; to provide for the notification that organically reduced remains are ready12 for disposition; to provide that the disposition of organically reduced remains shall not13 constitute the offense of abandonment of a dead human body; to provide conforming14 changes; to provide for related matters; to provide an effectiv e date; to repeal conflicting15 laws; and for other purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 S. B. 241 - 1 - 25 LC 55 0530 PART I18 SECTION 1-1.19 Chapter 18 of Title 43 of the Official Code of Georgia Annotate d, relating to funeral20 directors and establishments, embalmers, and crematories, is am ended by revising Code21 Section 43-18-1, relating to definitions, as follows:22 "43-18-1.23 As used in this article, the term:24 (1) 'Alternative container' means any receptacle or enclosure which is of sufficient25 strength to be used to hold and to transport a dead human body. Such term does not26 include a casket.27 (2) 'Apprentice' means a person who practices embalming, funer al directing, or both,28 under the direct supervision of a funeral director, embalmer, or both, in this state.29 (3) 'Board' means the State Board of Funeral Service.30 (4) 'Casket' means a container which is designed for the encas ement and viewing of a31 dead human body.32 (5) 'Cremation' means the reduction of the dead human body to residue by intense heat33 or any mechanical, chemical, thermal, or other professionally a ccepted process. Such34 term Cremation also includes any other mechanical, chemical, thermal, or othe r35 professionally accepted process whereby human remains dead human bodies a r e36 pulverized, burned, recremated, or otherwise further reduced in size or quantity. Such37 term does not include organic human reduction.38 (5.1) 'Cremation device' means a retort, vat, or container in which dead human bodies39 are cremated by traditional flame, alkaline hydrolysis, or othe r means approved by the40 board.41 S. B. 241 - 2 - 25 LC 55 0530 (6) 'Crematory' means any place where cremation is performed, other than a hospital,42 clinic, laboratory, or other facility authorized by the Department of Community Health43 for such purposes.44 (7) 'Direct supervision' means that the embalmer, funeral director, or both, are present45 and overseeing the activities of the apprentice.46 (8) 'Embalmer' means a person who practices embalming or uses in connection with that47 such person's name the words 'embalmer,' 'licensed embalmer,' 'undertaker,' or 'mortician'48 or offers or holds himself or herself out as offering such services.49 (9) 'Final disposition' means the final disposal of a dead human body whether it is by, but50 not limited to, earth interment, above-ground interment, cremat ion, organic human51 reduction, burial at sea, or delivery to a medical institution for lawful dissection if the52 such medical institution assumes responsibility for disposal.53 (10) 'Funeral' or 'funeral services' means the observances, services, or ceremonies held54 for dead human bodies and includes any service relating to the transportation, embalming,55 cremation, organic human reduction, and interment of a dead human body.56 (11) 'Funeral director' means a person who practices funeral d irecting or uses in57 connection with that such person's name or with a picture of that such person the words58 'funeral director,' 'licensed funeral director,' 'undertaker,' or 'mortician' or offers or holds59 himself or herself out as offering such services.60 (12) 'Funeral director in full and continuous charge' means a funeral director who is61 approved by the board to assume full responsibility for the ope rations of a particular62 funeral establishment, organic human reduction facility, or cre matory and who shall63 ensure that said such establishment complies with the provisions of this article and with64 all rules promulgated pursuant thereto to this article.65 (13) 'Funeral establishment' means a place where embalming or funeral directing is66 practiced and which is open to the public and transacting busin ess relating to funeral67 services.68 S. B. 241 - 3 - 25 LC 55 0530 (14) 'Funeral merchandise' means the goods that may only be sold or offered for sale by69 a funeral director working in a funeral establishment, organic human reduction facility,70 or crematory and includes, but is not limited to, a casket or alternative container, but does71 not include an outer burial container or cemetery marker.72 (15) 'Funeral service contract' means a written or oral agreem ent between a funeral73 director or funeral establishment, organic human reduction facility, or crematory and a74 legally authorized person for the embalming, funeral, or final disposition of a dead human75 body.76 (16) 'Legally authorized person' means the deceased's survivin g spouse, a son or77 daughter who is 18 years of age or older; the deceased's parent , a brother or sister who78 is 18 years of age or older; any other person who is 18 years of age or older and who is79 in the next degree of kinship to the deceased; the deceased's legal guardian or personal80 representative; or a public health officer.81 (16.1) 'Organic human reduction' means the contained, accelerated conversion of dead82 human bodies to soil.83 (16.2) 'Organic human reduction container' means a container in which organic human84 reduction occurs.85 (16.3) 'Organic human reduction facility' means a location whe re organic human86 reduction is performed.87 (16.4) 'Organically reduced remains' means the resulting residue of a dead human body88 that has undergone organic human reduction.89 (17) 'Outer burial container' means an enclosure into which a casket is placed, including,90 but not limited to, a vault made of concrete, steel, fiberglass , or copper, ; a sectional91 concrete enclosure,; a crypt,; or a wooden enclosure.92 (18) 'Practice of embalming' or 'embalming' means disinfecting or preserving or93 attempting to disinfect or preserve dead human bodies by replacing certain body fluids94 with preserving and disinfecting chemicals.95 S. B. 241 - 4 - 25 LC 55 0530 (19) 'Practice of funeral directing' or 'funeral directing' means making or directing, at96 need or preneed, arrangements for the preparation and transport ation of dead human97 bodies for final disposition and the supervision and direction of all funeral services.98 (20) 'Retort' means a furnace where dead human bodies are cremated.99 (21) 'Soliciting' means the making of any uninvited contact wi th another person by a100 funeral director or by a funeral director's agent, assistant, employer, or employee for the101 purpose of the sale of funeral services or merchandise but shal l not mean. Such term102 shall not include any advertising which is directed to the public in general."103 SECTION 1-2.104 Said chapter is further amended in Code Section 43-18-5, relati ng to unlawful acts and105 exemption, by revising subsections (b) and (d) as follows:106 "(b) Any person, firm, or corporation who that has control of a funeral establishment,107 organic human reduction facility, or crematory and fails to obtain licensure as required by108 this article, upon conviction thereof, may be fined not less th an $100.00 nor more than109 $500.00 for each violation. Each day that the funeral establis hment, organic human110 reduction facility, or crematory is operated in violation of this article shall be deemed to111 be a separate and distinct offense."112 "(d) It shall be unlawful for any person, firm, or corporation or any officer, agent, or113 employee of such person, firm, or corporation engaged in the practice of funeral directing114 or embalming funeral or crematory business to give, or contract to give, either directly or115 indirectly, any reward, commission, compensation, or anything o f value to any person,116 firm, or corporation for the purpose of, or as an inducement to, such person, firm, or117 corporation to persuade or induce any person to use or employ s uch funeral director or118 embalmer in or about the preparation for burial or conducting the burial of any deceased119 person engaged in the practice of funeral directing or embalming in or about the provision120 of funeral services."121 S. B. 241 - 5 - 25 LC 55 0530 SECTION 1-3.122 Said chapter is further amended by revising Code Section 43-18-8, relating to identification123 of body or remains of deceased and affidavit required for cremated remains, as follows:124 "43-18-8.125 (a)(1) The funeral director or person in charge of final disposition of a dead human body126 shall, prior to the interment, organic human reduction, or cremation of such dead human127 body, affix on the ankle or wrist of the deceased a tag of durable, noncorroding material128 permanently marked with the name of the deceased, the date of death, the social security129 number of the deceased, the count y and state of death, and the serial number of any130 prosthesis removed from the dead human body by the funeral establishment, organic131 human reduction facility, or crematory.132 (2) No funeral director in charge of a crematory or organic human reduction facility shall133 permit any dead human body to be on the premises of the crematory or organic human134 reduction facility without the dead human body being identified as provided by this135 subsection, except when the body is placed in a cremation devic e or organic human136 reduction container; and the tag shall be removed from the body and kept in a regu lar137 location near the cremation device or organic human reduction c ontainer during138 cremation or the organic human reduction and thereafter placed atop the cremated or139 organically reduced remains on the inside of the vessel and any liner therein. The vessel140 containing cremated or organically reduced remains shall be plainly labeled on the141 outside so as to identify the deceased with the same information, excluding social security142 number, as is required to be on the tag inside the vessel and so as to identify the name of143 the person or firm to which such remains are to be delivered or released.144 (3) Tags and labels used for purposes of this subsection shall be in such standard forms145 as prescribed by the board. If the religious faith of the deceased prohibits such means of146 identification, alternative means of identification of the body may be used.147 S. B. 241 - 6 - 25 LC 55 0530 (b) A crematory or an organic human reduction facility may deliver or release cremated148 or organically reduced remains to a funeral establishment or a legally authorized person. 149 The funeral director in charge of a crematory or an organic human reduction facility shall150 provide to the funeral establishment or legally authorized pers on to whom cremated or151 organically reduced remains are delivered or released, at the time of such deliver y or152 release, a written statement an affidavit, on such standard form as prescribed by the board,153 signed and verified by such funeral director before a person authorized to administer oaths154 and attesting that the vessel contains substantially the remains of the deceased identified155 in accordance with subsection (a) of this Code section.156 (c) No funeral establishment shall accept or take delivery of any cremated or organically157 reduced remains from any crematory or organic human reduction facility unless the vessel158 containing such remains is labeled as required by paragraph (2) of subsection (a) of this159 Code section and is accompanied by the affidavit required by subsection (b) of this Code160 section, which vessel and affidavit shall be provided by the fu neral establishment to a161 legally authorized person upon delivery or release of the cremated or organically reduced162 remains."163 SECTION 1-4.164 Said chapter is further amended by revising Code Section 43-18-9, relating to disposition of165 veterans' cremated remains, as follows:166 "43-18-9.167 (a) As used in this Code section, the term:168 (1) 'Veteran' means a resident of this state who qualifies as a veteran under the rules of169 the United States Department of Veterans Affairs and who was di scharged under170 conditions other than dishonorable.171 (2) 'Veterans' organization' means the Department of Veterans Service, the National172 Cemetery Administration's National Cemetery Scheduling Office, or any association or173 S. B. 241 - 7 - 25 LC 55 0530 other entity organized for the benefit of veterans that has bee n recognized or chartered174 by the United States Congress, such as the American Legion, the Legion of Honor, the175 Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America.176 (b) The funeral director shall make a reasonable effort to det ermine whether any dead177 human body submitted for final disposition by cremation or organic h uman reduction is178 that of a deceased veteran.179 (c) The funeral director shall, at the time the cremation or o rganic human reduction180 authorization form is signed:181 (1) Inquire as to whether the legally authorized person has in formation or belief as to182 whether the deceased is a veteran; and183 (2) Notify the legally authorized person of the responsibiliti es of the funeral director184 under this Code section.185 (d) If the funeral director is unable to determine with certainty whether the deceased was186 a veteran through an inquiry with the legally authorized agent person, then any veterans'187 organization shall be allowed access to all information availab le from the United States188 Department of Veterans Affairs regarding the deceased in the po ssession of the funeral189 director in charge of the crematory or organic human reduction facility so that any veterans'190 organization may attempt to determine whether the deceased is a veteran. If any veterans'191 organization that is allowed access to information pursuant to this Code section discovers192 that the deceased is a veteran, the such veterans' organization shall notify the funeral193 director.194 (e)(1) If the funeral director determines that the deceased is a veteran from information195 provided by the legally authorized person, any veterans' organization, or otherwise, then196 such funeral director shall immediately notify the legally auth orized person of such197 finding and shall advise that the deceased person may be eligib le to be interred at an198 appropriate veterans' cemetery.199 S. B. 241 - 8 - 25 LC 55 0530 (2) If the funeral director determines that the deceased is a veteran from information200 provided by the legally authorized person, any veterans' organization, or otherwise, and201 the cremated or organically reduced remains are not claimed by a legally authorized202 person, then the funeral director shall hold any such cremated or organically reduced203 remains for at least 60 days. After 60 days, the funeral director shall send written notice204 to the legally authorized person who signed the cremation or or ganic human reduction205 authorization form requesting disposition instructions. If the funeral director does not206 receive a written response from the legally authorized person within 30 days of sending207 a such written notice, then the funeral director shall contact a veterans' organization so208 that arrangements for the disposition of the cremated or organically reduced remains of209 the veteran may be made in a state or national veterans' cemetery.210 (f) Nothing in this Code section sh all delay the authorized cremation or organic human211 reduction of a deceased's remains.212 (g)(1) A funeral director complying with this Code section sha ll be immune from any213 criminal or civil liability regarding:214 (A) The determination of a deceased's status as a veteran; 215 (B) The release of information relating to the determination of a deceased's status as216 a veteran;217 (C) The availability of interment or inurnment for a deceased veteran; or218 (D) The release of cremated or organically reduced remains to a veterans' cemetery.219 (2) A funeral director shall be immune from civil liability for any act or omission under220 this Code section except for willful or wanton misconduct.221 (h) A veterans' organization shall be immune from civil liability for any act or omission222 related to the disposition of cremated or organically reduced remains under this Code223 section except for willful or wanton misconduct."224 S. B. 241 - 9 - 25 LC 55 0530 SECTION 1-5.225 Said chapter is further amended in Code Section 43-18-22, relating to election of president226 of the State Board of Funeral Service, meetings, reimbursement of members, and conflicts227 of interest, by revising subsection (d) as follows:228 "(d) No board inspector shall own, operate, or be employed by any funeral establishment,229 organic human reduction facility, or crematory, or perform any services on behalf thereof230 without prior approval by the board and the division director. The provisions of this231 subsection However, this shall not prohibit any board member from acting as an inspector232 as authorized in this article."233 SECTION 1-6.234 Said chapter is further amended by revising Code Section 43-18-46, relating to grounds for235 denial or revocation of license or registration and other discipline, as follows:236 "43-18-46.237 In addition to the authority provided in Code Section 43-1-19 Chapter 1 of this title, the238 board may refuse to grant a license to operate a funeral establ ishment, organic human239 reduction facility, or crematory or to practice embalming or funeral directing, may refuse240 to grant a registration to serve as an apprentice, or may revoke, suspend, fine, or otherwise241 discipline a licensee or registrant upon any of the following grounds:242 (1) The employment of fraud or deception in applying for a license or registration or in243 passing the examination provided for in this article;244 (2) Issuance of a license or registration through error;245 (3) Conviction of a crime involving moral turpitude;246 (4) The practice of embalming or funeral directing under a fal se name or the247 impersonation of another embalmer, funeral director, or apprentice of a like or different248 name;249 S. B. 241 - 10 - 25 LC 55 0530 (5) The making of a false statement or representation regardin g the qualifications,250 training, or experience of any applicant;251 (6) The making of a misrepresentation of any kind regarding any funeral merchandise;252 (7) Directly or indirectly, by gifts or otherwise, committing the offense of buying253 business or paying a commission or making gifts, directly or indirectly, for the purpose254 of securing business to any physician or hospital, or to any institution where death occurs,255 or to any hospital superintendent, nurse, intern, or employee o f any hospital, nursing256 home, or other institution where death occurs; or to any corone r or other government257 official;258 (8) Gross or willful malpractice or gross neglect in the practice of embalming, or funeral259 directing, or cremating;260 (9) Signing a death certificate as having embalmed or prepared a body for burial or261 preservation when in fact someone else performed such embalming or preparation;262 (10) Interfering, either directly or indirectly, with a licensed embalmer or funeral director263 having legal charge of a dead human body;264 (11) Using any statements that mislead or deceive the public including, but not limited265 to, false or misleading statements regarding a legal or cemeter y requirement, funeral266 merchandise, funeral services, or in the operation of a funeral establishment, organic267 human reduction facility, or crematory;268 (12) Failing to fulfill the terms of a funeral service contract;269 (13) Disregarding a decedent's dignity, right to privacy, or right to confidentiality unless270 compelled by law to do otherwise;271 (14) Using profane, indecent, or obscene language in the presence of a dead human body,272 or within the immediate hearing of the family or relatives of a deceased, whose body has273 not yet been interred or otherwise disposed;274 (15) Failing to turn assigned benefits in excess of charges incurred over to the assignee275 of the deceased within ten working days of receipt of the such assigned funds;276 S. B. 241 - 11 - 25 LC 55 0530 (16) Refusing to surrender promptly the custody of a dead human body upon the express277 order of the person lawfully entitled to the custody;278 (17) Failing to have the charges rendered to be in compliance with those listed in the279 funeral establishment general price list, the casket price list, the outer burial container list,280 or the funeral service contract price list;281 (18) Aiding or abetting an unlicensed person to practice under this article;282 (19) Promoting or participating in a burial society, burial association, burial certificate283 plan, or burial membership plan;284 (20) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;285 (21) Presenting a false certification of work done by an apprentice or as an apprentice;286 (22) Willfully violating any state law or regulation; any law or regulation of the Federal287 Trade Commission law or regulation;, the Occupational Safety and Health Administration288 law or regulation; , the Department of Public Health law or regulation; , or the289 Environmental Protection Agency law or regulation ; or any municipal or county290 ordinance or regulation that affects the handling, custody, care, or transportation of dead291 human bodies, including, but not limited to, the disposal of eq uipment, residual fluids,292 or medical wastes;293 (23) Knowingly making any misleading, deceptive, untrue, or fraudulent representation294 in the practice of funeral directing or embalming or in any document connected therewith295 to such practice;296 (24) Discriminating in the provision of services because on the basis of race, creed,297 color, religion, gender, or national origin;298 (25) Failing to safeguard all personal properties that were obtained from dead human299 remains bodies and failing to dispose of same as directed by a legally authorized person;300 (26) Failing to refund moneys due as a result of overpayment by an insurance company301 or other third party;302 S. B. 241 - 12 - 25 LC 55 0530 (27) Engaging in any unprofessional, immoral, unethical, decep tive, or deleterious303 conduct or practice harmful to the public, which conduct or pra ctice that materially304 affects the fitness of the licensee or registrant to practice in the funeral business, or is of305 a nature likely to jeopardize the interest of the general public, which conduct or practice306 that need not have resulted in actual injury to any person or be di rectly related to the307 practice of funeral directing or embalming but shows that the person has committed any308 act or omission which is indicative of bad moral character or u ntrustworthiness;309 unprofessional conduct . Unprofessional conduct or practice shall also include any310 departure from or failure to conform to the minimal reasonable standards of acceptable311 and prevailing practice of funeral services;312 (28) Engaging in any practice whereby a person who is both a f uneral director and a313 coroner or who is both a funeral director and a minister presents that person as a funeral314 director to a legally authorized person when death is imminent or after death occurs prior315 to when the legally authorized person selects a funeral director or funeral establishment,316 organic human reduction facility, or crematory which will handle the dead human body;317 (29) Practicing embalming or funeral directing or operating a funeral establishment,318 organic human reduction facility, or crematory prior to the board's having approved an319 application for licensure; or320 (30) Failing to satisfy the funeral director in full and continuous charge requirements as321 set out in Code Section 43-18-71 or the funeral establishment, crematory, or organic322 human reduction facility requirements as set out in Code Section Sections 43-18-70,323 43-18-72, and 43-18-72.1, respectively."324 SECTION 1-7.325 Said chapter is further amended in Code Section 43-18-70, relat ing to practice at licensed326 funeral establishment or crematory, facilities, and living quarters, by revising subsections (a)327 and (d) as follows:328 S. B. 241 - 13 - 25 LC 55 0530 "(a) No embalmer or funeral director shall engage in the practice of embalming or funeral329 directing at a funeral establishment, organic human reduction facility, or crematory which330 is not licensed by the board."331 "(d) If the a funeral director resides in the a funeral establishment to be accessible to the332 community for purposes of satisfying the requirements of funera l director in full and333 continuous charge, the living quarters in the funeral establishment must shall include at a334 minimum furnished sleeping quarters, cooking, refrigerating, and bathing facilities."335 SECTION 1-8.336 Said chapter is further amended in Code Section 43-18-71, relating to funeral establishments337 and crematories to be licensed and to employ licensed funeral director and display of name338 and license of funeral director, by revising subsection (a) as follows:339 "(a) It shall be unlawful for any person, firm, corporation, or association to operate a340 funeral establishment, organic human reduction facility, or crematory engaged in the341 business of funeral directing or embalming or cremating providing funeral services without342 first obtaining a license from the board in accordance with this article. The board shall not343 issue a license to any funeral establishment, organic human reduction facility, or crematory344 unless such funeral establishment, organic human reduction faci lity, or crematory shall345 employ the service of a funeral director licensed in accordance with this article, who shall346 be the funeral director in full and c ontinuous charge of the estab lishment and who is a347 resident of this state. There shall be conspicuously displayed in each funeral establishment,348 organic human reduction facility, and crematory the name and license of the funeral349 director in full and continuous charge. A funeral director who is in full and continuous350 charge shall:351 (1) Assume full responsibility for the supervision and operati on of the funeral352 establishment, organic human reduction facility, or crematory for which that person has353 been designated as the funeral director in full and continuous charge;354 S. B. 241 - 14 - 25 LC 55 0530 (2) Act as funeral director for only one funeral establishment, organic human reduction355 facility, or crematory; and356 (3) Spend a minimum of 40 hours per week in the employ and ope ration of the357 establishment and be accessible and available to the community."358 SECTION 1-9.359 Said chapter is further amended by adding a new Code section to read as follows:360 "43-18-72.1.361 (a)(1) It shall be unlawful for any person, firm, corporation, or association to operate an362 organic human reduction facility without first obtaining a sepa r a t e l i c e n s e f o r s u c h363 purpose from the board in accordance with this article. The or ganic human reduction364 facility shall be at a specific address or location and shall m eet the following365 requirements and have the following minimum equipment, facilities, and personnel:366 (A) A room with seating for a minimum of 30 people in which funeral services may367 be conducted;368 (B) A display room containing an adequate supply of containers in which organically369 reduced remains are placed;370 (C) Rolling stock consisting of at least one operable motor he arse either owned or371 leased by said firm with current Georgia registration;372 (D) At least one operable organic human reduction container;373 (E) At least one operable processing station for grinding of o rganically reduced374 remains;375 (F) At least one church truck; and376 (G) Not be located within 1,000 feet of a residential subdivision platted and recorded377 in the office of the clerk of the superior court of a county in which such residential378 subdivision is located.379 S. B. 241 - 15 - 25 LC 55 0530 (2)(A) The provisions of subparagraphs (A), (B), and (F) of pa ragraph (1) of this380 subsection shall not apply to organic human reduction facilities which provide organic381 human reduction services only to other funeral establishments.382 (B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply383 to the issuance or renewal of any license on or after July 1, 2025, for any stand-alone384 organic human reduction facility that was not in operation as of July 1, 2025. As used385 in this subparagraph, the term 'stand-alone organic human reduction facility' means an386 organic human reduction facility that is not located on or adjacent to a tract or parcel387 of land which contains a funeral establishment.388 (b) The board may adopt and enforce such rules and regulations as may be reasonable and389 necessary to provide for the sanitary disposal of dead human bo dies by organic human390 reduction and prevent the spread of disease and to protect the health, safety, and welfare391 of the people of this state. Such rules and regulations may include required inspections of392 any organic human reduction container by the manufacturer or ot her authorized repair393 company once every five years to ensure proper operations.394 (c) Application for licensure of an organic human reduction fa cility shall be made upon395 a form approved by the board and shall be accompanied by an application fee. No license396 shall be issued unless the organic human reduction facility meets all the requirements set397 forth by this Code section and by the board.398 (d) The board shall adopt rules requiring each organic human reduction facility to submit399 periodic reports to the board in a standard form which include the names of deceased400 persons whose bodies underwent organic human reduction at the facility and the types of401 organic human reduction containers used.402 (e)(1) No more than one dead human body shall be placed in an organic human reduction403 container at one time unless written permission has been receiv ed from the person404 possessing legal responsibility for the final disposition of the dead human body.405 S. B. 241 - 16 - 25 LC 55 0530 (2) Upon completion of the organic human reduction process, the organically reduced406 remains shall be pulverized until no single fragment is recogni zable as skeletal tissue. 407 Such pulverized remains shall then be transferred to a container or multiple containers,408 if so requested by the legally authorized person, and delivered to the legally authorized409 person or otherwise disposed of in accordance with the provisio ns of Code Section410 43-18-80.411 (f) Nothing in this article shall require a funeral establishm ent or crematory for which a412 valid license to operate is in effect on July 1, 2025, to have a separate license to operate as413 an organic human reduction facility until on and after the renewal date of such license to414 operate a funeral establishment or crematory which first occurs after July 1, 2025, but such415 funeral establishment or crematory, if performing organic human reduction, shall comply416 with all the minimum equipment and facilities requirements and all other statutes, rules,417 and regulations relating to organic human reduction and organic human reduction418 facilities."419 SECTION 1-10.420 Said chapter is further amended by revising Code Sections 43-18 -73, 43-18-74, and421 43-18-75, relating to renewal of licenses for the operation of funeral establishments and422 crematories and changes in ownership; transferability of licens es; and inspections,423 suspension or revocation of license, and other disciplinary actions, respectively, as follows:424 "43-18-73.425 (a) Licenses for the operation of funeral establishments, orga nic human reduction426 facilities, and of crematories shall expire biennially unless the owner or propri etor of a427 licensed funeral establishment, organic human reduction facility, or crematory applies to428 the board to renew the license prior to its expiration. The application shall show the name429 of the funeral establishment, organic human reduction facility, or crematory; the names and430 addresses of all owners or, if the owner is a corporation, the names and addresses of all431 S. B. 241 - 17 - 25 LC 55 0530 officers and directors of the corporation; and the names of all licensed embalmers and432 funeral directors who own or are employed by such funeral establishment, organic human433 reduction facility, or crematory or are otherwise connected therewith to such establishment,434 facility, or crematory, together with the date of issue and the number of the license number435 of each registered embalmer and funeral director as required. If the renewal fee prescribed436 by the board has been paid and the funeral establishment, organic human reduction facility,437 or crematory meets all the other requirements of provided for in this article, the board shall438 issue a license; otherwise it shall be unlawful for any funeral establishment, organic human439 reduction facility, or crematory to operate in this state. Nothing in this Code section shall440 be construed to require an organic human reduction facility or a crematory to employ an441 embalmer in order to be licensed.442 (b) Whenever there is a change in ownership of a funeral estab lishment, organic human443 reduction facility, or crematory, the board shall be notified within 15 days prior to the444 proposed change upon a form provided by the board.445 43-18-74.446 Licenses for funeral establishments, organic human reduction facilities, or crematories shall447 be issued to such enterprises establishments, facilities, or crematories at their location at448 the time of issuance. Such license shall not be transferable to another location of any such449 establishment, facility, or crematory.450 43-18-75.451 (a) The board shall provide for inspections from time to time, but not less frequently than452 annually, of the premises of funeral establishments, organic human reduction facilities, and453 crematories for purposes of ensuring compliance with the provisions of this article and any454 rules or regulations issued pursuant thereto, and every such firm establishment, facility, and455 crematory shall submit to such inspections. The board is authorized to contract with any456 S. B. 241 - 18 - 25 LC 55 0530 one or more county boards of health, and each county board of h ealth is authorized to457 contract with the board, for the provision of inspection services on behalf of the board for458 purposes of this subsection.459 (b) The license of any funeral establishment, organic human re duction facility, o r460 crematory may be suspended, revoked, or put on probation, or fines may be imposed by the461 board if the evidence produced before it at a hearing indicates that the funeral462 establishment, organic human reduction facility, or crematory has violated any of the463 provisions of this article or any rules or regulations issued p ursuant thereto. The board464 shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in465 relation to such hearing; and the. The licensee shall have the right to appeal any decision466 of the board in accordance with Chapter 13 of Title 50, the 'Ge orgia Administrative467 Procedure Act.'"468 SECTION 1-11.469 Said chapter is further amended by revising Code Sections 43-18 -77, 43-18-78, 43-18-79,470 and 43-18-80, relating to funeral establishment or crematory temporarily without services of471 funeral director, temporary destruction of licensed funeral establishment or crematory and472 temporary location during grace period, death of license holder , and authorizing agent,473 statement specifying disposition of cremated remains, and shipment of remains, respectively,474 as follows:475 "43-18-77.476 In the event that a funeral establishment, organic human reduct ion facility, or crematory477 is temporarily without the services of a funeral director in full and continuous charge, upon478 notice by the funeral establishment, organic human reduction facility, or crematory to the479 board within five days following the last day of service by such funeral director, the board480 shall grant the funeral establishment, organic human reduction facility, or crematory a 90481 day grace period in which to have a funeral director in full and continuous charge approved482 S. B. 241 - 19 - 25 LC 55 0530 by the board before any action may be taken by the board to revoke or terminate the funeral483 establishment's, organic human reduction facility's, or crematory's license. The board may,484 in its discretion, upon application by the funeral establishment, organic human reduction485 facility, or crematory, grant one additional 90 day grace period upon sh owing of good486 cause. Grace periods totaling not more than 180 days may be granted during any two-year487 period beginning the first day on which the grace period was gr anted. Failure to have a488 funeral director in full and continuous charge shall be grounds for the revocation or489 suspension of any license, after notice and hearing.490 43-18-78.491 In the event any funeral establishment, organic human reduction facility, or crematory is492 temporarily destroyed by fire, flood, or other natural catastro phe, upon notice by the493 funeral establishment, organic human reduction facility, or crematory to the board within494 five days following the destruction, the board may grant the funeral establishment, organic495 human reduction facility, or crematory a 90 day grace period to use a board approved496 temporary location while reconstructing the previous destroyed location, provided the497 funeral establishment, organic human reduction facility, or crematory complies with all498 other provisions of this article and the rules of the board. The board may, in its discretion,499 upon application by the funeral establishment, organic human re duction facility, o r500 crematory, grant additional 90 day grace periods upon showing of good cause.501 43-18-79.502 No funeral establishment, organic human reduction facility, or crematory license shall503 terminate upon the death of the holder thereof but shall pass to the legal representative of504 the deceased or, if there is no legal representative, to the widow of the deceased who may505 continue to operate the establishment, facility, or crematory for the unexpired time of the506 license.507 S. B. 241 - 20 - 25 LC 55 0530 43-18-80.508 (a) As used in For the purposes of this Code section, the term 'authorizing agent' means509 a person legally entitled to authorize the cremation of human r emains organic human510 reduction or cremation of a dead human body.511 (b) The authorizing agent shall provide to the funeral establi shment, organic human512 reduction facility, or crematory in which the organic human reduction or cremation513 arrangements are made a signed statement specifying the ultimat e disposition of the514 organically reduced remains or cremated remains, if known. A copy of this such statement515 shall be retained by the funeral establishment, organic human r eduction facility, or516 crematory offering or conducting the organic human reduction or cremation.517 (c) Organically reduced remains or cremation Cremated remains shall be shipped only by518 a method that has an internal tracking system available and that provides a receipt signed519 by the person accepting delivery.520 (d) The authorizing agent shall be responsible for the disposi tion of the organically521 reduced remains or cremated remains. If, after 60 days from the date the organic human522 reduction is completed or the date of cremation, the authorizing agent or his or her523 representative has not specified the ultimate disposition or claimed the organically reduced524 or cremated remains, the funeral establishment or , organic human reduction facility,525 crematory, or other entity in possession of the organically reduced remains or cremated526 remains shall send a notification to the authorizing agent notifying him or her that, pursuant527 to this subsection, failure to respond to such notification and specify the final ultimate528 disposition of the cremains organically reduced remains or cremated remains within 30529 days of the transmission of such notice shall authorize the funeral establishment, organic530 human reduction facility, crematory, or other entity to make arrangements for the531 disposition of the cremains such remains . If, after 30 days, the funeral establishment,532 organic human reduction facility, crematory or entity in possession of the organically533 reduced remains or cremated remains has not received instructions from the author izing534 S. B. 241 - 21 - 25 LC 55 0530 agent describing a specific method of disposing of the cremains such remains, the funeral535 establishment, organic human reduction facility, crematory or entity in possession of the536 cremains such remains shall be authorized to dispose of the organically reduced remains537 or cremated remains in a dignified and humane manner by entombing such cremains in a538 crypt or underground the entombment, internment, or scattering of such remains i n539 accordance with local and state law or by storage in the funera l establishment, organic540 human reduction facility, crematory, or location of the entity in possession of the remains. 541 The final resting place of the cremains organically reduced remains or cremated remains542 shall be clearly marked, unless such remains are scattered, and recorded by the funeral543 establishment entombing the cremains , organic human reduction facility, crematory, or544 entity that disposed of such remains. Any costs or fees incurred to entomb, inter, scatter,545 or disinter the cremains such remains shall be the responsibility of the authorizing agent;546 provided, however, that such cost shall not exceed $100.00."547 PART II548 SECTION 2-1.549 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is550 amended in Code Section 10-14-3, relating to definitions relati ve to cemetery and funeral551 services, by revising paragraph (12) as follows:552 "(12) 'Cremation' includes any mechanical, chemical, thermal, o r other professionally553 accepted process whereby a deceased human being is reduced to a shes. Such term554 Cremation also includes any other mechanical, chemical, thermal, or other professionally555 accepted process whereby human remains dead human bodies are pulverized, burned,556 recremated, or otherwise further reduced in size or quantity, i ncluding organic human557 reduction as such term is defined in Code Section 43-18-1."558 S. B. 241 - 22 - 25 LC 55 0530 SECTION 2-2.559 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code560 31-10-1, relating to definitions relative to vital records, by revising paragraph (6) and adding561 a new paragraph to read as follows:562 "(6) 'Final disposition' means the burial, interment, cremation , removal from the state,563 or other authorized disposition of a dead body or fetus, includ ing organic human564 reduction."565 "(11.1) 'Organic human reduction' shall have the same meaning a s set forth in Code566 Section 43-18-1."567 SECTION 2-3.568 Said title is further amended in Code 31-10-20, relating to per mits for disposition,569 disinterment, and reinterment, by revising subsection (a) as follows:570 "(a) The funeral director or person acting as such or other person who that first assumes571 custody of a dead body or fetus shall obtain a disposition permit for cremation or removal572 the cremation or organic human reduction of such body or fetus or the removal of such573 body or fetus from the state. A disposition permit may be required within the state by local574 authorities."575 SECTION 2-4.576 Said title is further amended in Code 31-10-28, relating to institutions to keep vital records,577 by revising subsection (c) as follows:578 "(c) A funeral director, embalmer, sexton, or other person who that removes from the place579 of death, transports, or makes final disposition of a dead body or fetus, in addition to filing580 any certificate or other report required by this chapter or reg ulations promulgated581 hereunder, shall keep a record which shall identify the body an d such information582 S. B. 241 - 23 - 25 LC 55 0530 pertaining to receipt, removal, delivery, burial, or cremation or final disposition of such583 body as may be required by regulations adopted by the department."584 SECTION 2-5.585 Said title is further amended by revising Code 31-21-4, relating to burial at sea of cremated586 remains, notification that cremated remains are ready for interment, and unclaimed cremated587 remains, as follows:588 "31-21-4.589 (a)(1) Cremated remains or organically reduced remains may be taken by boat from any590 harbor in this state, or by air, for burial at sea at a point not less than three miles from the591 nearest shoreline. Cremated ; provided, however, that such remains shall be removed592 from their container before such remains are buried at sea.593 (2) Any person who that buries at sea, either from a boat or from the air, any human594 cremated remains cremated remains or organically reduced remains of a dead huma n595 body shall carry out the burial services within 50 days from the re duction of the dead596 human body to cremated remains or organically reduced remains and shall file with the597 local registrar of births, deaths, and other vital records in t he county nearest the point598 where the such remains were buried a verified statement containing the name o f the599 deceased person, the time and place of death, the place at which the cremated remains or600 organically reduced remains were buried, and any other information that the local601 registrar may require. Burial services may be delayed until weather conditions improve602 if inclement weather prevents safe burial.603 (b) Any person who that requests that a dead human body be cremated or organically604 reduced shall provide the funeral establishment or other person respon sible for the605 cremation or organic human reduction an address at which such person can be notified606 when the cremated remains or organically reduced remains are ready for interment. 607 Notification or other ultimate disposition. Such notification shall be made by first-class608 S. B. 241 - 24 - 25 LC 55 0530 mail to such person at the address provided. If the cremated r emains or organically609 reduced remains are not claimed for interment or other disposition within 60 days from the610 date that the notification is mailed, such remains shall be turned over to the coroner to be611 interred in a plot or niche in a cemetery where indigents are buried may be disposed of in612 accordance with the provisions of Code Section 43-18-80."613 SECTION 2-6.614 Said title is further amended in Code 31-21-44.1, relating to a buse of a dead body, by615 revising paragraph (1) of subsection (a) as follows:616 "(a)(1) A person commits the offense of abuse of a dead human body if, prior to617 interment or other final disposition of a dead human body and except as otherwise618 authorized by law, such person willfully defaces a dead such dead human body while the619 dead human body is lying in state or is prepared for burial, showing, or cremation, or620 other final disposition whether in a funeral establishment, place of worship, home, or621 other facility for lying in state or at a grave site. The lawful presence of the offender at622 a place where the dead human body is abused shall not be a defense to a prosecution623 under this Code section."624 SECTION 2-7.625 Said title is further amended in Code 31-21-44.2, relating to throwing away or abandonment626 of dead bodies and punishment, by revising paragraph (2) of subsection (a) as follows:627 "(2) It shall not be an offense under this subsection to make final disposition of a dead628 human body or portion of such dead human body under a death certificate issued under629 Chapter 10 of this title or the law of another jurisdiction by interment, entombment,630 inurnment, scattering of cremated remains or organically reduced remains, burial at sea,631 or any means otherwise authorized by law; nor shall it be an offense under this subsection632 for any law enforcement personnel, medical or medical laborator y personnel, hospital633 S. B. 241 - 25 - 25 LC 55 0530 personnel, coroner or medical examiner, funeral director, embal mer, organic human634 reduction facility operator, crematory operator, or cemetery operator to perform those635 duties or acts relating to possession or disposition of a dead human body or portion of636 such dead human body which are otherwise imposed or authorized by law or lawfu l637 contract; nor shall use of a dead human body or portion of such dead human body at or638 by an accredited medical school, de ntal school, college, or uni versity for education,639 research, or advancement of medical or dental science or therapy be an offense under this640 subsection."641 SECTION 2-8.642 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended643 by revising Code Section 36-12-5, relating to interment or cremation of deceased indigents,644 as follows:645 "36-12-5.646 (a) Whenever any person individual dies in this state and the decedent, his or her family,647 and his or her immediate kindr ed are indigent and unable to pro vide for the decedent's648 decent interment, or cremation, or other final disposition, the governing authority of the649 county wherein the death occurs where the death occurred shall make available from650 county funds a sum sufficient to provide a decent interment, or cremation, or other final651 disposition of the deceased indigent person individual or to reimburse such person652 individual's immediate kindred as may have expended the cost thereof of such decent653 internment, cremation, or other final disposition voluntarily, the exact amount thereof to654 be determined by the governing authority of the county but shall not exceed the lesser of655 the actual costs of interment, or cremation, or other final disposition.656 (b) The Department of Corrections is authorized to reimburse the governing authority of657 the county where expenditures have been made in accordance with this Code section for658 the burial, o r cremation, or other final disposition of any inmate under the authority,659 S. B. 241 - 26 - 25 LC 55 0530 jurisdiction, or control of the Department of Corrections; but provided, however, that in no660 case shall the governing authority of the county be entitled to reimbursement where the661 decedent was in the custody of a county correctional institution or other county correctional662 facility."663 PART III664 SECTION 3-1.665 This Act shall become effective on July 1, 2025.666 SECTION 3-2.667 All laws and parts of laws in conflict with this Act are repealed.668 S. B. 241 - 27 -