Section 172-68-006 - TRANSPORTATION AND FINAL DISPOSITION OF DEAD HUMAN BODIES The following applies to transportation and final disposition of dead human bodies who have died due to a communicable disease, transporting a dead human body in-state and out-of-state, and final disposition requirements.
006.01DECEASED DUE TO AN IMMEDIATELY REPORTABLE COMMUNICABLE DISEASE. Persons who have died due to any communicable disease listed in 173 NAC 1, which must be reported immediately, must be completely wrapped before removal from the premises. These requirements do not prohibit a public funeral, nor does it relieve persons who are quarantined as contacts from quarantine requirements. Bodies dead of such communicable diseases must be: (1) Thoroughly and promptly embalmed and be held in isolation from the public for a period of 24 hours following the embalming;(2) Encased immediately after death in a body transfer case or shipping case that is constructed out of 20 gauge steel and is hermetically sealed, and under no condition will the body be removed from the container; or(3) Cremated immediately. If visitation is to occur prior to cremation, the body must be thoroughly and promptly embalmed and held in isolation from the public for a period of 24 hours following the embalming.006.01(A)DECEASED DUE TO A COMMUNICABLE DISEASE NOT REQUIRED TO BE IMMEDIATELY REPORTED. Persons who have died due to a communicable disease other than those listed in 173 NAC 1 which must be reported immediately, require no further special handling.006.02OUT-OF-STATE TRANSPORTATION. When a body is to be transported out of the state of Nebraska, the Nebraska funeral director and embalmer in charge of the body must determine the regulations governing the transportation of bodies in the other state or states, and must comply fully with the requirements of such regulations, must oversee the removal while the body is in Nebraska, and must comply with the requirements under 172 NAC 68 and with the Interstate Commerce Commission's requirements for transportation by common carrier.006.03IN-STATE TRANSPORTATION. Dead human bodies, which have not been embalmed, may not be transported by common carrier, unless the body is placed immediately after death in a body transfer case or shipping case that is constructed out of 20 gauge steel and is hermetically sealed. Transportation may be made by privately owned conveyance under the supervision and responsibility of a licensed funeral Director. Embalmed bodies may be transported by either common carrier or private carrier.006.04FINAL DISPOSITION OF EMBALMED AND UN-EMBALMED BODIES. Final disposition of a dead human body must meet the following: 006.04(A)UN-EMBALMED BODY. Upon receipt of a dead human body, the licensee has 24 hours to either bury, cremate, embalm, place in refrigerated storage, or place in a hermetically sealed container, which cannot be reopened. If placing in refrigerated storage, an un-embalmed body must: (i) Be retained at a constant temperature of less than 40 degrees Fahrenheit for not more than 8 days. An un-embalmed body may be retained in storage beyond the 8 days only when: (1) Written notification of a criminal proceeding is received; or(2) Upon receipt of a court order.(ii) When the body is removed from storage it must be embalmed, buried, cremated, or placed in a hermetically sealed container within 24 hours following the removal from storage.006.04(B)EMBALMED BODY. Final disposition of a dead human body, which has been embalmed or been placed in a hermetically sealed container, must be made within 30 days after death. If death did not occur in Nebraska, final disposition of a dead human body must be made within 30 days after receipt of the dead human body. 006.04(B)(i)EXTENSION OF FINAL DISPOSITION. If unforeseen circumstances occur which would prevent final disposition of a dead human body within the required 30 days after death, the license holder must request an extension from the Director of the Division of Public Health to extend the final disposition date. The Director may authorize an extension of the required final disposition date of a dead human body up to 30 days. If final disposition has not occurred by the ending date of the extension, the license holder must seek court action regarding final disposition of the decedent's remains. To attain an extension, the licensee must submit a written request to the Department, which includes the following: (1) Name of funeral establishment and license holder overseeing the final disposition;(2) Name of the deceased;(3) Date of death of the deceased; and(4) An explanation of the basis for extending the final disposition, such as but not limited to family dispute, criminal investigation, military burial, shipments outside of the United States, or similar acts.172 Neb. Admin. Code, ch. 68, § 006
Amended effective 9/30/2020