Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-2-18 - Storage and Disposal of Unclaimed Cremated Remains18.1. Unclaimed dead human bodies. A crematory may contract with an embalmer to embalm an unclaimed dead human body under the following circumstances.
18.1.1. If the crematory has made legitimate attempts to contact the next of kin or authorized representative without success within twelve (12) hours after the body was placed in its care, the crematory may contract with an embalmer to have the body embalmed after this twelve (12) hour period; provided that the crematory makes a record of such legitimate attempts to contact the next of kin or authorized representative; or,18.1.2. If the crematory has made legitimate attempts to contact the next of kin or authorized representative without success and has reasonable belief that a body could be infected with a contagious or communicable disease, the crematory may contract with an embalmer to have the body embalmed immediately upon receipt of certification by a public health officer that the body is infected with a contagious or communicable disease. The crematory may contract with an embalmer to have the body embalmed prior to the end of twelve (12) hour period set forth in subsection 18.1.1. of this section if the body is certified as contagious by the public health officer.18.2. Unclaimed cremated remains. 18.2.1. A crematory shall store in a secure location unclaimed cremated remains while trying to locate an authorized representative or person to whom the crematory was instructed to release the cremated remains.18.2.2. If, after sixty (60) calender days following the cremation, the cremated remains are not claimed, the crematory shall send notification, by certified mail, to the authorized representative or person to whom the cremated remains were to be released. This notification shall state that the cremated remains are unclaimed and that the crematory requires additional instructions regarding their release.18.2.3. If, after thirty (30) calender days since the first notification, the cremated remains are still unclaimed, the crematory shall send a second notification, by certified mail, to the same person or persons prescribed in subsection 18.2.2. of this section. This notification shall state that the cremated remains are still unclaimed and that the crematory requires additional instructions regarding their release. The notice shall also inform the recipient that the crematory may dispose of the remains in ninety (90) days if unclaimed.18.2.4. If, after ninety (90) calender days since the second notification, the cremated remains are still unclaimed, the crematory may dispose of the cremated remains by burial or entombment. The crematory may bury such cremated remains in a common grave, pursuant to section 14 of this rule.18.3. The crematory shall be entitled to payment for these services from the deceased person's estate, pre-need contract, applicable insurance policies or trust funds, or indigent burial programs.