40 KAR 2:150. Cremation forms and inspections.
RELATES TO: KRS 367.97501-367.97537
STATUTORY AUTHORITY: KRS 15.180, 367.150(4),
367.97501, 367.97504, 367.97514, 367.97524, 367.97527, 367.97534
NECESSITY, FUNCTION, AND CONFORMITY: KRS 367.97534(5) authorizes the Attorney
General to promulgate administrative regulations necessary to carry out the
provisions of KRS 367.97501 to 367.97537. This administrative regulation
establishes a cremation authorization form
identified in KRS 367.97501(6), a crematory annual report form
identified in KRS 367.97504(6), a preneed cremation authorization form
identified in KRS 367.97501(15), a statement of training for crematory
operators identified in KRS 367.97514(6), a crematory authority license
application form identified in KRS 367.97504(1), to identify the records and
information that must be retained by the crematory operator as identified in
KRS 367.97504(5), and to establish the guidelines for crematory inspections
identified in KRS 367.97504(1) and (5), 367.97511(4), 367.97514(5), and
367.97534.
Section
1. Cremation Authorization Form. The "Cremation Authorization", Form
CR-1, required by KRS 367.97524 shall contain the following information:
(1)
The name of the crematory authority;
(2)
The address of the crematory authority, including the city, state and zip code;
(3)
The telephone number of the crematory authority;
(4)
The name, address (including the city, state and zip code), age and gender of
the deceased, and the place and date of death;
(5)
Whether or not the decedent's death was due to an infectious disease and, if
so, an explanation;
(6)
Whether the decedent's remains contain a pacemaker, prosthesis, radioactive
implant, or any other device that could be explosive;
(7)
Whether the decedent had been treated with therapeutic radionuclides such as
Strontium 89 or any other treatment that would result in residual radioactive
material remaining as part of the decedent's remains and, if so, what the
treatment was and when the last treatment was administered;
(8)
The name of the individual identifying the decedent's remains prior to
cremation, the relationship of that individual to the decedent, and the
signature of the individual identifying the body for cremation;
(9)
A statement informing the authorizing agent of the following:
(a)
The authorizing agent shall direct the crematory authority on the final
disposition of the cremated remains;
(b)
The crematory authority shall not conduct any cremation nor accept a body for
cremation unless it has a Cremation Authorization Form signed by the
authorizing agent clearly stating the final disposition; and
(c)
If the cremation is being performed pursuant to a Preneed Authorization Form,
the original form shall be attached to this form in lieu of completing statements
on this form concerning the authorization of the cremation;
(10)
A statement informing the authorizing agent that all cremations are performed
individually and it is unlawful to cremate the remains of more than one (1)
individual within the same cremation chamber at the same time;
(11)
A statement informing the authorizing agent of the following:
(a)
The consumer may choose cremation without choosing embalming services;
(b)
If the crematory authority does not have a refrigerated holding facility it
shall not accept human remains for anything other than immediate cremation;
(c)
The crematory authority requires that the body of the deceased shall be
delivered for cremation in a suitable container which shall be either a casket
or an alternative cremation container for cremation;
(d)
If an alternative container is provided, it shall meet the following standards:
1.
Be composed of readily-combustible materials suitable for cremation;
2.
Be able to be closed to provide a complete covering for the human remains;
3.
Be resistant to leakage or spillage; and
4.
Be rigid enough to support the weight of the deceased;
(e)
The crematory authority is authorized to inspect the casket or alternative
container, including opening it if necessary, and if there is leakage or
damage, the crematory authority shall refuse to accept the decedent for the
purpose of cremation or refrigeration;
(f)
The type of casket or cremation container selected for cremation;
(g)
Due to the nature of the cremation process any personal possessions or valuable
materials, such as dental gold or jewelry, as well as any body prostheses or
dental bridgework, that are left with the decedent and not removed from the
casket or alternative cremation container prior to cremation shall be destroyed
or shall otherwise not be recoverable, unless authority to do so otherwise is
specifically granted in writing;
(h)
As the casket or alternative container will usually not be opened by the
crematory authority to remove valuables, to allow for final viewing or for any
other reason unless there is leakage or damage, the authorizing agent
understands that arrangements shall be made to remove any possessions or
valuables prior to the time the decedent is transported to the crematory
authority;
(i)
Cremated remains, to the extent possible, shall not be contaminated with
foreign material;
(j)
All noncombustible materials, such as dental bridgework, and materials from the
casket or alternative cremation container, such as hinges, latches and nails,
shall be separated and removed, to the extent possible, by visible or magnetic
selection and shall be disposed of by the crematory authority with similar
materials from other cremations in a nonrecoverable manner, so that only human
bone fragments and organic ash, including both human remains and container remains,
remain, unless those objects are used for identification or as may be requested
by the authorizing agent;
(k)
As the cremated remains often contain recognizable bone fragments, unless
otherwise specified, after bone fragments have been separated from the other
material, they shall be mechanically processed or pulverized, which includes
crushing or grinding into granulated particles of unidentifiable dimensions,
virtually unrecognizable as human remains, prior to placement into the
designated container; and
(l)
While every effort shall be made to avoid commingling of cremated remains,
inadvertent or incidental commingling of minute particles of cremated remains
from the residue of previous cremations is a possibility, and the authorizing
agent understands and accepts this fact;
(12)
Instructions on disposition of the cremated remains, indicating whether the
cremated remains will be:
(a)
Interred and, if so, where;
(b)
Scattered in a scattering area or garden and, if so, where;
(c)
Scattered on private property with the permission of the owner and, if so,
where;
(d)
Delivered either in person or by registered mail and, if so, to whom; or
(e)
Picked up at the crematory office and, if so, by whom;
(13)
The date the body was received by the crematory authority, the date of
cremation, the name of the person performing the cremation, and the signature
of the person performing the cremation, certifying that the cremation has been
performed;
(14)
Signature of the authorizing agent granting consent to the cremation of the
decedent;
(15)
The name of the authorizing agent and the relationship of the authorizing agent
to the deceased;
(16)
The address of the authorizing agent, including the city, state and zip code;
(17)
The telephone number of the authorizing agent;
(18)
The signature of the funeral director or other individual as witness for the
authorizing agent; and
(19)
The date and location where the authorizing agent signed the Cremation Authorization
Form.
Section
2. Crematory Annual Report Form. The "Crematory Annual Report", Form
CR-2, required by KRS 367.97504(6) shall contain the following information:
(1)
The name of the crematory authority;
(2)
The address of the crematory authority, including the city, state and zip code;
(3)
The number of retorts operated by the crematory authority;
(4)
The number of cremations performed by the crematory authority in each retort
during the preceding calendar year;
(5)
The total number of cremations performed by the crematory authority during the
preceding calendar year;
(6)
A numerical breakdown of the disposition of cremated remains in the preceding
year, indicating the number:
(a)
Scattered;
(b)
Interred, either in a niche or in-ground burial;
(c)
Returned to the family or funeral home; or
(d)
Other means of disposition. The other means of disposition used shall be
briefly described;
(7)
A list of the names and registration numbers of all crematory operators who
worked for the crematory authority during the preceding year;
(8)
The signature of the individual completing the form and the date on which the
form was completed; and
(9)
A statement requiring the remittance of a ten (10) dollar check or money order
for the annual registration fee.
Section
3. Preneed Cremation Authorization Form. The "Preneed Cremation
Authorization", Form CR-3, required by KRS 367.97527 shall contain the
following information:
(1)
The name of the crematory authority;
(2)
The address, including the city, state and zip code;
(3)
The telephone number of the crematory authority;
(4)
The name of the authorizing agent;
(5)
The address of the authorizing agent, including the city, state and zip code;
(6)
The home telephone number of the authorizing agent;
(7)
The age and gender of the authorizing agent;
(8)
Whether the decedent authorizing agent has any infectious or contagious disease
and, if so, an explanation;
(9)
Whether the decedent authorizing agent's body contains a pacemaker, prosthesis,
radioactive implant, or any other device that could be explosive;
(10)
Whether the decedent authorizing agent has been treated with therapeutic
radionuclides such as Strontium 89 or any other treatment that would result in
residual radioactive material remaining as part of the decedent authorizing
agent's remains and, if so, what the treatment was and the last date it was
administered;
(11)
A statement specifying that all cremations are performed individually and that
it is unlawful to cremate the remains of more than one (1) individual within
the same cremation chamber at the same time;
(12)
A statement informing the authorizing agent that the agent may choose cremation
without choosing embalming services and that if the crematory chosen does not
have a refrigerated holding facility it shall not accept human remains for
anything other than immediate cremation;
(13)
A statement informing the authorizing agent of the following:
(a)
The agent is not required to purchase a casket for the purpose of cremation;
(b)
The crematory authority shall require the decedent authorizing agent to be
delivered for cremation in a suitable container which shall be either a casket
or an alternative cremation container; and
(c)
An alternative cremation container shall meet the following standards:
1.
Be composed of readily-combustible materials suitable for cremation;
2.
Be able to be closed to provide a complete covering for the human remains;
3.
Be resistant to leakage or spillage; and
4.
Be rigid enough to support the weight of the deceased;
(14)
A statement informing the authorizing agent that the crematory is authorized to
inspect the casket or alternative container, including opening if necessary,
and if there is leakage or damage, the crematory shall refuse to accept the
decedent authorizing agent's remains for the purpose of cremation or refrigeration;
(15)
The type of casket or alternative container selected for cremation;
(16)
A statement informing the authorizing agent of the following:
(a)
Due to the nature of the cremation process any personal possessions or valuable
materials, such as dental gold or jewelry, as well as any body prostheses or
dental bridgework, that are left with the decedent authorizing agent and not
removed from the casket or alternative container prior to cremation shall be
destroyed or shall otherwise not be recoverable; and
(b)
The casket or alternative container will usually not be opened by the crematory
authority to permit the removal of valuables, to allow for final viewing or for
any other reason unless there is leakage or damage, so the authorizing agent
shall make arrangements to have any possessions or valuables removed prior to
the time the remains are transported to the crematory authority;
(17)
A statement informing the authorizing agent of the following:
(a)
To the extent possible, cremated remains shall not be contaminated with foreign
material;
(b)
All noncombustible materials such as dental bridgework, and materials from the
casket or alternative container, such as hinges, latches, and nails, shall be
separated and removed, to the extent possible, by visible or magnetic selection
and shall be disposed of by the crematory authority with similar materials from
other cremations in a nonrecoverable manner, so that only human bone fragments
and organic ash, including both human remains and container remains, remain;
(c)
As the cremated remains often contain recognizable bone fragments, unless
otherwise specified, after the bone fragments have been separated from the
other material, they shall be mechanically processed or pulverized, which
includes crushing or grinding into granulated particles of unidentifiable
dimensions, virtually unrecognizable as human remains, prior to placement into
the designated container; and
(d)
While every effort shall be made to avoid commingling of cremated remains,
inadvertent or incidental commingling of minute particles of cremated remains
from the residue of previous cremations is a possibility, and the authorizing
agent understands and accepts this fact;
(18)
A statement informing the authorizing agent of the following:
(a)
The original copy of the Preneed Cremation Authorization Form shall be retained
by the firm or person with which the arrangements are being made and a copy
shall be provided to the authorizing agent; and
(b)
A person arranging his or her own cremation shall have the right to transfer or
cancel this authorization at any time prior to death by notifying by certified
mail, the firm or person with which the preneed authorization form is filed;
(19)
A statement informing the authorizing agent that if there are not different or
inconsistent instructions provided to the crematory authority at the time of
death, the crematory authority shall release or dispose of the cremated remains
as indicated on this Preneed Cremation Authorization Form;
(20)
A statement informing the authorizing agent of the following:
(a)
If there is a conflict between the authorizing agent's preneed authorization
and the demands of the next class of authorizing agent, the crematory authority
shall not accept for cremation the authorizing agent's remains without an order
deciding the issues entered by the district court of the county of the decedent
authorizing agent's residence or the county where the funeral home or the
crematory authority is located;
(b)
The order may be issued by the court after a petition for a resolution has been
initiated by any natural person in the next class of authorizing agent or the
crematory authority; and
(c)
Unless extraordinary circumstances exist, the court shall give due deference to
the desires of the decedent authorizing agent as expressed in the Preneed
Cremation Authorization Form;
(21)
Instructions on the disposition of the cremated remains, indicating whether the
cremated remains will be:
(a)
Interred and, if so, where;
(b)
Scattered in a scattering area or garden and, if so, where;
(c)
Scattered on private property with the permission of the owner and, if so,
where;
(d)
Delivered either in person or by registered mail and, if so, to whom; or
(e)
Picked up at the crematory office and, if so, by whom;
(22)
The printed name, signature, address (including city, state, and zip code) and
home telephone of the authorizing agent, explicitly authorizing the crematory
authority to cremate the human remains of the authorizing agent;
(23)
The date and location where the authorizing agent signed the Preneed Cremation
Authorization Form;
(24)
The signature of the funeral director or other individual as witness for the
authorizing agent;
(25)
The name of the funeral director or other individual acting as witness for the
authorizing agent;
(26)
The address of the funeral director or other individual acting as witness for
the authorizing agent, including the city, state and zip code; and
(27)
The telephone number of the funeral director or other individual acting as
witness for the authorizing agent.
Section
4. Statement of Supervision Form. The "Statement of Supervision for
Registered Crematory Retort Operators", Form CR-4, required by KRS 367.97514(6)
shall contain the following information:
(1)
The name of the crematory retort operator who was supervised;
(2)
The name of the employer crematory authority;
(3)
The name of the supervising crematory operator, verifying that the crematory
retort operator completed forty-eight (48) hours of on the job training
supervised by the crematory operator;
(4)
The date on which the form was signed;
(5)
The signature of the crematory retort operator;
(6)
The signature of the crematory operator who supervised the crematory retort
operator; and
(7)
The registration number of the crematory operator.
Section
5. Crematory Authority License Application Form. The "Crematory Authority
License Application", Form CR-5 required by KRS 367.97504(1) shall contain
the following information:
(1)
A statement informing the applicant that a crematory authority license shall be
obtained from the Attorney General at least thirty (30) days prior to the
opening of the crematory authority to conduct cremations;
(2)
A statement informing the applicant that a $100 registration fee shall
accompany the application, and that the application shall be completed by the
president, owner, corporate officer or any other person with the authority to
bind the applicant;
(3)
The date of the application;
(4)
The crematory owner's name;
(5)
The crematory name, if different from the owner;
(6)
The business telephone number;
(7)
The physical address of the crematory, including the city, county, state and
zip code;
(8)
Mailing address, including city, state, and zip code, of the crematory
authority, if different from the physical address;
(9)
The form of organization of the crematory, indicating whether it is a:
(a)
Corporation;
(b)
Partnership;
(c)
Individual; or
(d)
Other, and if so, please explain;
(10)
The name, position, address, including the city, state, and zip code, and
Social Security number of every member, officer, and director of the crematory;
(11)
The name, address, including city, state and zip code, and account number, if
applicable, of three (3) financial references. Suitable financial references
shall include financial institutions and industry suppliers. Personal
references shall not be acceptable;
(12)
The name and address, including city, state and zip code, of the financial
institution at which the applicant has its business bank account;
(13)
The account number of the business bank account;
(14)
Whether the applicant intends to solicit preneed funeral contracts. If yes, an
application for a preneed burial sellers license, Form CPN-6, incorporated by
reference in 40 KAR 2:250, shall be attached;
(15)
A statement from the applicant's retort manufacturer which shall include the
following information:
(a)
The date on which the manufacturer delivered the retort to the applicant;
(b)
Whether the manufacturer installed the retort and, if so, when the installation
occurred;
(c)
Whether the retort was tested upon installation and, if so, the results of
those tests;
(16)
A statement informing the applicant that by submitting the application, the
applicant is agreeing to the following:
(a)
That the applicant is stating under penalty of law that the information
provided is true and accurate to the best of the applicant's knowledge;
(b)
That the applicant is required to notify the Attorney General immediately of
any change in the information required by this section and that KRS
367.97504(2) governs when a new license application form is required to be
filed;
(c)
That the applicant is not insolvent, has not conducted business in a fraudulent
manner and is duly authorized to do business in the state;
(d)
That the applicant is in a position to commence operating a crematory and that
all relevant state and local permits required have been issued; and
(e)
That the license, if granted, may be suspended or revoked pursuant to KRS
367.97534 if any of Kentucky's cremation statutes, KRS 367.97501 to 367.97537
or any implementing administrative regulations, this administrative regulation
and 40 KAR 2:250, are violated; and
(f)
That the applicant is authorized to complete this form on behalf of the
applicant crematory; and
(17)
A dated and notarized signature of the person making the application on behalf
of the crematory, and that person's title or position held.
Section
6. Required Records of the Crematory Authority. The records maintained by the
crematory authority required by KRS 367.97504(5) shall include the following:
(1)
A copy of the completed cremation authorization form and, if applicable,
preneed cremation authorization form, for all cremations occurring within the
last ten (10) years;
(2)
A copy of the identification required to be attached to the outside of the
cremation container by KRS 367.97507(2) and 367.97514(2); and
(3)
A copy of any stainless steel identification tag which is placed with the human
remains prior to cremation, is subjected to the cremation process with the
human remains, survives the cremation process, and is left with the cremated
remains after the cremation process is complete.
Section
7. Inspection of Crematory Authorities. An inspection of the crematory
authority and its records, as required by KRS 367.97504(5), shall include
annual, unannounced inspections of all crematory authority facilities and
records which may include:
(1)
An inspection of the crematory authority to determine if it is in active
operation or is in a position to commence operation;
(2)
An inspection of the retort for proper operation;
(3)
An inspection of the crematory authority facility to determine if it is secure
from unauthorized access;
(4)
An inspection of the crematory authority facility to determine if the crematory
authority license is displayed in a conspicuous place;
(5)
An inspection of the refrigerated holding facility used for holding human
remains to determine if it is secure from unauthorized access and functioning
properly; and
(6)
An inspection of crematory records for all cremations occurring within ten (10)
years of the date of the inspection, including all information required to be
kept by KRS 367.97504(5) and this administrative regulation.
Section
8. Inspection Completion Certificate. Each crematory authority which
successfully passes an annual inspection shall receive an Inspection Completion
Certificate which shall contain the following:
(1)
The name of the crematory authority;
(2)
The address of the crematory authority, including city, state and zip code;
(3)
A certified statement that an inspection has been performed by the Kentucky
Attorney General's Office and that the crematory authority was found to be in
compliance with KRS 367.97501 to 367.97537, this administrative regulation and
40 KAR 2:250 on the date of the inspection;
(4)
The date on which the inspection was performed; and
(5)
The signature of an authorized representative of the Attorney General's Office.
Section
9. (1) The following material is incorporated by reference:
(a)
"Cremation Authorization", Form CR-1, 11-02;
(b)
"Crematory Annual Report", Form CR-2, 11-02;
(c)
"Preneed Cremation Authorization", Form CR-3, 11-02;
(d)
"Statement of Supervision for Registered Crematory Retort Operators",
Form CR-4, 11-02; and
(e)
"Crematory Authority License Application", Form CR-5, 11-02;
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Office of the Attorney General, Consumer Protection
Division, 1024 Capital Drive, Frankfort, Kentucky 40602, Monday through Friday,
8 a.m. to 4:30 p.m. (21 Ky.R. 699; Am. 1291;
eff. 10-12-94; 29 Ky.R. 991; 1828; 2076; eff. 2-16-03.)
