440.77 Delivery and acceptance of human remains.

(1) Receipt for delivery. A crematory authority that receives human remains from a person shall provide the person with a receipt that includes all of the following:

(a) The name of the decedent.

(b) The date and time that the human remains were delivered.

(c) A description of the type of casket or container in which the human remains were delivered.

(d) The name of the person who delivered the human remains and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.

(e) The name of the person who received the human remains on behalf of the crematory authority and the name of the funeral establishment or other business entity, if any, with which the crematory authority is affiliated.

(f) The signature of the person who delivered the human remains.

(g) The signature of the person who received the human remains on behalf of the crematory authority.

(2) Acceptance of human remains.

(a) A crematory authority may not refuse to accept delivery of human remains solely on the basis that the human remains have not been placed in a casket or have not been embalmed.

(b) A crematory authority may refuse to accept delivery of human remains if any of the following apply:

1. The casket or other container used for the human remains has evidence of leakage of bodily fluids.

2. The crematory authority has knowledge of a dispute regarding the cremation of the human remains, unless the crematory authority receives a copy of a court order or other documentation indicating that the dispute has been resolved.

3. The crematory authority has reason to believe that a representation of the person directing the cremation of human remains is not true.

4. The crematory authority has reason to believe that the human remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.

History: 2005 a. 31.