SB 2620

This bill generally requires the operator of a human reduction facility ("operator"") to obtain a permit from the department of health (""department"") that authorizes the organic human reduction of the decedent. Further, the operator must not perform orga nic human reduction until the operator has received all other documentation required by this state that authorizes the organic human reduction of the decedent. Any fees associated with the permit must be refunded if an operator submits a sworn affidavit to the department that states that the operator has completed the organic human reduction of human remains without charge. As used in this bill, ""organic human reduction"" means the contained, accelerated conversion of human remains to compost or soil using a container that accelerates biological decomposition. After the operator obtains the appropriate documentation as described above, this bill authorizes the operator to schedule the time for the organic human reduction of a dead human body to occur at the operator's own convenience. The operator is responsi ble for a dead human body or body parts when the body or body parts have been delivered to or accepted by the human reduction facility (""facility""). If a human body is held at a facility for more than eight hours, then the body must be placed in a refrig er ated facility until the organic human reduction process commences. REDUCTION OF MORE THAN ONE DECEDENT This bill prohibits the operator from simultaneously performing organic human reduction on more than one decedent, or body parts removed from more than one decedent or living person, in the same organic human reduction container. Further, an operator is prohibited from permitting an unauthorized person to be present in the holding facility or organic human reduction room prior to or during organic human reduction or when the organically reduced remains are being removed from the organic human reduction ce nter. The operator is prohibited from knowingly using the same organic human reduction chamber for the reduction of dead human bodies or body parts and the bodies or body parts of animals. REMOVAL OF ITEMS OF VALUE This bill prohibits the operator from removing dental gold or silver, body parts, organs, or other items of value from a dead human body prior to the organic human reduction process or from the organic remains after reduction unless the operator was acti ng under instructions that specifically authorize the removal. If the operator does remove such items, or assists in the removal of such items, then the operator must not charge a fee for doing so that exceeds the actual cost to the facility for performi ng or assisting in the removal. REQUIREMENTS FOR REMAINS AFTER REDUCTION Upon the completion of the organic human reduction process, this bill requires the operator to remove all of the practicably removable organically reduced remains from the organic human reduction container. However, the operator is not required to recov er a specified quantity or quality of organically reduced remains. If the recovered remains do not fit in the urn selected for the remains or in the temporary container, then the operator must place the remainder in a separate temporary container. Such re mains placed in a separate temporary container must be delivered, released, or disposed of together with those in the urn or other temporary container. Organically reduced remains must be shipped by a class or method of mail, common carrier service, or d elivery service that has an internal tracking system and that requires a signed receipt from the person accepting delivery of the remains. This bill prohibits the operator from knowingly representing that an urn or temporary container contains the recovered remains of a specific decedent or living person when the urn or container does not. Further, an operator must establish and maintain a system for accurately identify each dead human body in the facility's possession and for identifying each decedent or living person from whom body parts in the facility's possession were removed during all phases of the holding and organic human reduction process. A permanent identification device approved by the board of funeral directors and embalmers (""board"") containing the decedent's name, date of birth, and date of death must be placed in the organic human reduction container before the remains are placed in such container. If the information is not available, then a permanent identification device stating the information is not available must be placed in the container prior to placing remains in the container. COMMINGLING OF REDUCED REMAINS This bill generally prohibits a person from commingling the reduced remains of a dead human body or body parts with those of another decedent, or the body parts removed from another decedent or living person. However, a person may scatter organically re duced remains at sea, by air, or in a dedicated area at a cemetery used exclusively for the scattering on the ground of organically reduced remains. Further, a person may commingle or place in the same urn or container the organically reduced remains of mo re than one decedent, or of body parts removed from more than one decedent or living person, if complying with specific instructions from a decedent, or an heir or personal representative designated by the decedent. UNCLAIMED REMAINS This bill authorizes the operator or funeral establishment to inter, entomb, or inurn organically reduced remains that are unclaimed 180 calendar days from the date of organic human reduction. The operator or funeral establishment must make a record of the disposition of the unclaimed organically reduced remains available for inspection during normal business hours. DELIVERY OF HUMAN BODIES OR BODY PARTS Present law generally prohibits the import into this state, or the export from this state, of human remains, except in certain specific instances. This bill adds a new exemption for the import or export of a body, body part, or organically reduced remai ns for the purpose of organic human reduction. This bill requires the operator to ensure that a written receipt is provided to the person who delivers a dead human body or body parts to the facility for organic human reduction. The receipt must generally be signed by both a representative of the fac ility and the person who delivered the decedent to the facility, and must contain (i) the name of the decedent; (ii) the date and time of delivery; (iii) the type of casket or container in which the decedent was delivered to the facility; (iv) the name of t he person who delivered the decedent to the facility; (v) the name of the funeral home or other establishment with whom the delivery person is affiliated; and (vi) the name of the person who received the decedent on behalf of the facility. However, if th e dead human body was donated to science for purposes of medical education or research, then the receipt must indicate the name of the person who received the decedent on behalf of the facility. RELEASE OF REDUCED REMAINS The bill requires an operator to ensure that a written receipt signed by both a representative of the facility and the person who received the organically reduced remains is provided to the person who received the remains. The receipt must generally inc lude (i) the name of the decedent ; (ii) the date and time of the release of the dead human body ; (iii) the name of the person to whom the organically reduced remains were released; (iv) the name of the funeral home, cemetery, or other entity to whom the org anically reduced remains were released, if applicable ; and (v) the name of the person who released the organically reduced remains on behalf of the facility . However, if the reduced remains are those of a dead human body that was donated to science for purposes of medical education or research, or are of those body parts, then the receipt must be signed by both a representative of the facility and the person who received the organically reduced remains, and the receipt must indicate the date and time of th e release. This signed receipt requirement is satisfied by the signature of the person whose name is on the delivery receipt to accept delivery of the organically reduced remains. RECORD KEEPING This bill requires an organic reduction facility engaged in the business of reducing dead human bodies or body parts to keep all of the following records for at least seven years after the date of each organic human reduction:  A copy of each receipt issued upon acceptance by or delivery to the facility of a dead human body .  A record of each organic human reduction conducted at the facility, containing at least the name of the decedent or, in the case of body parts, the name of the decedent or living person from whom the body parts were removed, the date and time of the organic human reduction, and the final disposition made of the organically reduced remains .  A copy of each receipt issued .  A separate record of the organically reduced remains of each decedent or the body parts removed from each decedent or living person that were disposed of containing at least the name of the decedent, the date and time of the organic human reduction, and the location, date, and manner of final disposition of the organically reduced remains. This bill provides that such records are subject to inspection by the board upon reasonable notice and at a reasonable time. CIVIL LIABILITY IMMUNITY This bill generally provides that the operator is not liable for damages in a civil action for (i) having performed the organic human reduction of the decedent or body parts removed from the decedent or living person, or having released or disposed of the organically reduced remains, in accordance with the instructions of the decedent or an heir or personal r epresentative of the decedent; or (ii) failure to correctly identify a dead human body prior to organic human reduction. Further, the operator is gene rally not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform an organic human reduction in any of the following circumstances:  The operator has actual knowledge that there is a dispute regarding the organic human reduction of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the organic human reduction of the decedent or body parts .  The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the organic human reduction of the decedent or body parts .  The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the organic human reduction. This bill provides that the operator is not liable for damages in a civil action in connection with the organic human reduction of or disposition of the organically reduced remains of dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body par ts. However, the operator may be held liable for any of the above actions or omissions if the act or omission was made with malicious purpose, in bad faith, or in a wanton or reckless manner. This bill clarifies that its provisions do not create a new cause of action or substantive legal right against the operator or affect other immunities from civil liabilities or defenses established by law to which the operator may be entitled. MISCELLANEOUS REQUIREMENTS AND CHANGES If a person who signs a death certificate, a district attorney general, a law enforcement officer, or an emergency medical or rescue worker, emergency medical technician, or paramedic who attended to the person immediately prior to or after the person's death, signs a written statement requesting the delay of an organic human reduction based upon a reasonable belief that the cause of death may have been due to an event other than accidental or natural causes, th en this bill requires the organic human reduc tion of a dead human body to be delayed based on that request. This bill clarifies that its provisions do not permit the organic human reduction of body parts from a decedent or living person at the request of a hospital or other institution. Only the individual from whose body the body parts were removed, or the i ndividual's duly appointed representative, is authorized to make such arrangements. Present law defines an ""authorizing agent"" as a person or persons legally entitled to authorize the cremation of a dead human body or body parts. This bill adds to that definition a person or persons working at a facility. Present law prohibits a life insurance company, fraternal benefit society, or other similar company issuing prearrangement insurance policies to enter into any contract with any citizens of this state contracting and agreeing to furnish funeral merchandi se or services upon the death of any person insured. Further, a person, firm, or corporation is prohibited from entering into any contract, conditioned to take effect on the death of any person, wherein the person, or the personal representative, heirs, or next of kin of the person, is promised any rebate, discount or reduction in price for on or account of funeral merchandise. Present law defines ""funeral merchandise"" to mean merchandise sold by a funeral establishment, cemetery company, or any other ind ividual intended for use in the final disposition of a dead human body. This bill expands the definition to include merchandise sold by a facility. Present law authorizes guaranteed and non-guaranteed pre-need funeral contracts to be issued, if such contract has been approved by the commissioner of commerce and insurance. A ""guaranteed pre-need funeral contract"" means the pre-need seller must furnish at the time of death of the contract beneficiary, at no additional charge to the next of kin, the estate of the deceased, or others, the merchandise and services selected or the ir equivalent, in the pre-need funeral contract. This bill expands the defin ition by requiring the pre-need seller to furnish the merchandise and services selected for the organic human reduction, if applicable. RULEMAKING This bill requires the board to promulgate rules to implement this bill."