Relating to the final disposition and disinterment of human remains

Under the bill, the purposes for disinterment are not limited. Instead, the bill provides that disinterment of cremated remains without a court order may be allowed.5 (final disposition of remains —— right to control). If disinterment of a dead body or fetus involves a court order, and the purpose of the disinterment is for reburial, the disinterment may only be allowed upon a showing of substantial benefit to the public. If disinterment of a dead body or fetus involves a court order, and the purpose of the disinterment is for autopsy, the disinterment shall be allowed only when reasonable cause is shown that someone is criminally or civilly responsible for such death, after hearing, upon reasonable notice to the person authorized to control the decedent’s remains. If disinterment of a dead body or fetus involves a court order, and the purpose of the disinterment is for cremation, the disinterment may be allowed only upon a showing of substantial benefit to the public, upon determination of the state or county medical examiner that the manner of death is due to natural causes. Due consideration under the bill relative to disinterment shall be given to the public health. The bill also amends a provision of Code chapter 144C (final disposition Act) specifying who may act as the designee who shall have sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death. Under current law, a funeral director, an attorney, or any agent, owner, or employee of a funeral establishment, cremation establishment, cemetery, elder group home, assisted living program, adult day services program, or licensed hospice program shall not serve as a designee unless related to the declarant within the third degree of consanguinity. Under the bill, in addition to the exception for relatives within the third degree of consanguinity, an individual who is one of the named entities is exempt from the prohibition if the individual is married to the declarant. ARC 4849C amends an administrative rule governing the issuance of disinterment permits for human (noncremated) remains and cremated remains. ARC 4849C would exempt cremated remains from the required issuance of a permit for any relocation of remains from the original site of interment or entombment if the purpose is for autopsy or burial. ARC 4849C will go into effect upon the adjournment of the 2020 session of the general assembly if the general assembly does not take action relating to this rulemaking.