§2843. Permits for final disposition of dead human bodies






Except as authorized by the department, a dead human body may not be buried, cremated
or otherwise disposed of or removed from the State until a funeral director or other
authorized person in charge of the disposition of the dead human body or its removal
from the State has obtained a permit from the State Registrar of Vital Statistics or the clerk of the municipality where death occurred or where the establishment of a funeral
director having custody of the dead human body is located as specified by department rule. The permit is sufficient authority for final disposition in any place where dead
human bodies are disposed of in this State, as long as the requirements of Title 32,
section 1405 are met in appropriate cases. The permit may not be issued to anyone
other than a funeral director until the state registrar or the clerk of the municipality receives a medical certificate that has been signed
by a physician or a medical examiner that indicates that the physician or medical
examiner has personally examined the body after death. A permit must also be issued
if a nurse practitioner or physician assistant has signed the medical certificate
indicating that the nurse practitioner or physician assistant has knowledge of the
deceased's recent medical condition or was in charge of the deceased's care and that
the nurse practitioner or physician assistant has personally examined the body after
death. The authorized person may transport a dead human body only upon receipt of
this permit. [2009, c. 601, §27 (AMD).]






The State Registrar of Vital Statistics or a municipal clerk may issue a permit for final disposition by cremation, burial at
sea, use by medical science or removal from the State only upon receipt of a certificate
of release by a duly appointed medical examiner as specified in Title 32, section
1405. [2009, c. 601, §27 (AMD).]






The State Registrar of Vital Statistics or a municipal clerk may issue a disposition of human remains permit to a funeral director
who presents a report of death and states that the funeral director has been unable
to obtain a medical certification of the cause of death. The funeral director shall
name the attending physician, attending nurse practitioner, attending physician assistant
or medical examiner who will certify to the cause of death and present assurances
that the attending physician, attending nurse practitioner, attending physician assistant
or medical examiner has agreed to do so. The funeral director shall exercise due
diligence to secure the medical certification and file the death certificate as soon
as possible. [2009, c. 601, §27 (AMD).]








1. Permit for transportation. 
Each dead human body transported into this State for final disposition must be accompanied by a permit issued by the duly constituted authority at the place
of death. Such permit is sufficient authority for final disposition in any place where dead human bodies are
disposed of in this State.


[
2009, c. 601, §27 (AMD)
.]








2. Permit for disinterment or removal. 
A dead human body may not be disinterred or removed from any vault or tomb until
the person in charge of the disinterment or removal has obtained a permit from the
State Registrar of Vital Statistics or from the clerk of the municipality where the dead human body is buried or entombed. The permit
must be issued upon receipt of a notarized application signed by the next of kin of
the deceased who verifies that the signer is the closest surviving known relative
and, when any other family member of equal or greater legal or blood relationship or a domestic
partner of the decedent also survives, that all such persons are aware of, and do
not object to, the disinterment or removal. This subsection does not preclude a court of competent jurisdiction from ordering or enjoining disinterment or removal
pursuant to section 3029 or in other appropriate circumstances. For purposes of this
subsection, "domestic partner" means one of 2 unmarried adults who are domiciled together
under long-term arrangements that evidence a commitment to remain responsible indefinitely
for each other's welfare.


[
2013, c. 20, §1 (AMD)
.]








3. Permit for burial. 
The person in charge of each burying ground or crematory in this State shall endorse, and provide the date the body was disposed of on, each such permit with which that person is presented, and return it to the State Registrar of Vital Statistics or to the clerk of the municipality in which such burying ground or crematory is located within
7 days after the date of disposition. If there is no person in charge of the burying
ground, an official of the municipality in which the burying ground is located shall
endorse, and provide the date the body was disposed of on, each such permit, and present it to the State Registrar of Vital Statistics or the clerk of the municipality. The funeral director or authorized person shall present
a copy of each permit, after endorsement, to the State Registrar of Vital Statistics
or the clerk of the municipality where death occurred and to the clerk who issued
the permit.


[
2013, c. 20, §1 (AMD)
.]








4. Records. 
Each municipality shall maintain a record of any endorsed permit received pursuant
to subsection 3. These records must be open to public inspection.


[
2009, c. 601, §27 (AMD)
.]





SECTION HISTORY

1977, c. 232, §3 (AMD).
1985, c. 44, (AMD).
1985, c. 231, §§1-3 (AMD).
1985, c. 602, (AMD).
2001, c. 574, §28 (AMD).
2003, c. 672, §18 (AMD).
2005, c. 359, §§3,4 (AMD).
2007, c. 56, §§3, 4 (AMD).
2009, c. 601, §27 (AMD).
2013, c. 20, §1 (AMD).