43-18-80. Authorizing agent; statement specifying disposition of cremated or organically reduced remains; shipment of remains.

As used in this Code section, the term “authorizing agent” means a person legally entitled to authorize the organic human reduction or cremation of a dead human body.#

The authorizing agent shall provide to the funeral establishment, organic human reduction facility, or crematory in which the organic human reduction or cremation arrangements are made a signed statement specifying the ultimate disposition of the organically reduced remains or cremated remains, if known. A copy of such statement shall be retained by the funeral establishment, organic human reduction facility, or crematory offering or conducting the organic human reduction or cremation.#

Organically reduced remains or cremation remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery.#

The authorizing agent shall be responsible for the disposition of the organically reduced remains or cremated remains. If, after 60 days from the date the organic human reduction is completed or the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the organically reduced or cremated remains, the funeral establishment, organic human reduction facility, crematory, or other entity in possession of the organically reduced remains or cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the ultimate disposition of the organically reduced remains or cremated remains within 30 days of the transmission of such notice shall authorize the funeral establishment, organic human reduction facility, crematory, or other entity to make arrangements for the disposition of such remains. If, after 30 days, the funeral establishment, organic human reduction facility, crematory or entity in possession of the organically reduced remains or cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of such remains, the funeral establishment, organic human reduction facility, crematory or entity in possession of such remains shall be authorized to dispose of the organically reduced remains or cremated remains in a dignified and humane manner by the entombment, internment, or scattering of such remains in accordance with local and state law or by storage in the funeral establishment, organic human reduction facility, crematory, or location of the entity in possession of the remains. The final resting place of the organically reduced remains or cremated remains shall be clearly marked, unless such remains are scattered, and recorded by the funeral establishment, organic human reduction facility, crematory, or entity that disposed of such remains. Any costs or fees incurred to entomb, inter, scatter, or disinter such remains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00.#