N.Y. Comp. Codes R. & Regs. tit. 19 § 203.13

Current through Register Vol. 46, No. 43, October 23, 2024

Section 203.13 - Crematory records

(a) Every crematory shall maintain a cremation log which shall set forth for each delivery of human remains received by the crematory:

(1) the name of the deceased;

(2) the place of death and the estimated combined weight of the remains and the container;

(3) the date and time the remains arrived at the crematory;

(4) the cremation number;

(5) the name of the funeral director, undertaker or registered resident delivering the human remains and the name and address of the funeral firm which the funeral director, undertaker or registered resident represents;

(6) the date and time the remains were cremated;

(7) if the remains were cremated more than 48 hours from the time the crematory accepted delivery of the remains, a detailed explanation showing good cause for the delay;

(8) the retort number in which the remains were cremated; and

(9) the type of container in which the remains were received and in which the remains were cremated.

(b) The cremation log shall be retained in the permanent file of the crematory.

(c) The cremation authorization form required by Not-for-Profit Corporation Law section 1517(c)(1) shall be in a form established by the director of the Division of Cemeteries; shall not be more than three sheets single-sided; shall not be larger than 8 1/2 by 11 inches; and shall contain the following information:

(1) The name and address of the crematory;

(2) A clear, concise description of the cremation process, a statement that cremation is an irreversible and final process, and a statement that cremated remains generally are pulverized until no single fragment is recognizable as skeletal tissue;

(3) The name of the deceased as it appears on the cremation permit and the date, and place of death;

(4) The last address, age, sex and approximate weight of the deceased and type of container in which the remains of the deceased were delivered;

(5) The name of the funeral director and funeral firm that provided the cremation authorization to the crematory and the funeral director's registration number;

(6) The name of the person in control of disposition of the remains of the deceased and the relationship between said person and the deceased;

(7) A statement attesting that the person in control of disposition has the right to authorize cremation of the remains of the deceased pursuant to section 4201 of the Public Health Law;

(8) Authorization for the crematory to cremate the remains of the deceased;

(9) A statement that the body of the deceased does not contain a battery, battery pack, power cell, radioactive implant, or radioactive device and that any such materials were removed prior to the execution of the cremation authorization form;

(10) The name of the person authorized to receive the cremains from the crematory;

(11) A declaration of intent with respect to the disposition of the cremains of the decedent and notification that the crematory may dispose of the cremains in an irretrievable manner if they are not claimed by any authorized person within 120 days of the cremation in accordance with section 1517(i) of the Not-for- Profit Corporation Law;

(12) The signature of the person in control of disposition attesting to the accuracy and completeness of the information and representations contained in the cremation authorization form; and

(13) The signature of the licensed, registered funeral director who obtained the cremation authorization as a witness to the execution of the cremation authorization form.

(d) The completed cremation authorization form shall be retained in the permanent file of the crematory.

(e) All crematory records, including records required by any federal, state or local government law or agency, as well as price lists, authorizations, crematory rules and regulations and other documents related to the practice of cremation, shall be open and available for inspection and copying during regular business hours by the Division of Cemeteries or its authorized representatives, in the discharge of their official duties.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 203.13