Printed Page 4990, Apr. 27
| Printed Page 5010, Apr. 27
|
Printed Page 4990, Apr. 27
| Printed Page 5010, Apr. 27
| (a) the identity of the human remains and the date and time of death;
(b) the name of the funeral director or funeral establishment responsible for obtaining the authorization;
(c) the notification of infectious, contagious, or communicable disease or a disease declared by the department to be dangerous to the public health;
(d) the name, address, and phone number of the agent and the relationship between the agent and the decedent;
(e) a statement that the agent has the right to authorize the cremation of the decedent, as provided for in Section 32-8-320 and that the agent is not aware of a person who has a superior priority right to that of the agent or is not aware of a person of equal priority who disagrees with authorizing the cremation;
(f) authorization from the agent and the funeral director or funeral establishment for the crematory authority to perform the cremation;
(g) a statement that, to the best of the agent's knowledge, the human remains do not contain a pacemaker or any other material or implant that may be hazardous or cause damage to the cremation chamber or the person performing the cremation;
(h) the name of the agent or funeral establishment authorized to receive the cremated remains;
(i) the method by which disposition of the cremated remains is to take place, if known. If the authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, the form may indicate that the cremated remains are to be held by the crematory authority for thirty days before they are released, unless they are picked up by or shipped to the agent or funeral establishment before that time. At the end of thirty days, if final disposition arrangements have not been made, the crematory authority may return the cremated remains to the agent, crematory authority, or funeral establishment. If at the end of sixty days no final disposition arrangements have been made, the crematory authority or funeral establishment in charge of arrangements may dispose of the cremated remains in accordance with Section 32-8-345(D);
(j) a listing of items of value to be delivered to the crematory
authority with the human remains and instructions as to how the items should be
handled;
(l) the signature of the decedent's agent attesting to the accuracy of all statements contained on the cremation authorization form.
(3) Completed and executed burial transit permit in accordance with Regulation 61-19, Section 23.
(4) A cremation permit obtained in accordance with Section 17-5-310 or 17-5-320 .
(B) If a person who may serve as a decedent's agent pursuant to Section 32- 8-320 is not available in person to execute a cremation authorization form, the person shall send the funeral establishment a notarized facsimile transmission that contains the person's signature, name, address, phone number and relationship to the decedent. Upon receipt of the transmission, this person is authorized to serve as the decedent's agent.
(C) An agent who signs a cremation authorization form is deemed to warrant to the best of the agent's knowledge that the facts set forth on the form are truthful, including that person's authority to order the cremation. An agent signing a cremation authorization form is personally and individually liable for all damages occasioned by and resulting from knowingly providing false information on the cremation authorization form authorizing the cremation.
(D) No crematory authority which cremated, released, or disposed of human remains is liable if the authority acted in accordance with this chapter unless the crematory authority's actions were grossly negligent.
(E) After an agent has executed a cremation authorization form, the agent may revoke the authorization within twelve hours of its execution and instruct the funeral establishment to instruct the crematory authority to cancel the cremation. The instructions must be provided in writing. A funeral establishment and crematory authority shall honor instructions given to it by an agent under this subsection if it receives the instructions within twelve hours of the agent's execution of authorization form.
SECTION 32-8-330. (A) The crematory authority shall furnish to the person
who delivers human remains to the crematory authority a receipt as prescribed by
the board signed by the crematory authority or representative and the person who
delivers the human remains. It must show the name of the decedent, the date and
time of delivery, type casket or alternative container that was delivered, name
of the person from whom the human remains were received, and the funeral
establishment with whom the person is affiliated, and the name of the person who
received the human remains on behalf of the crematory authority.
(C) A crematory authority shall maintain at its place of business a permanent record of each cremation that took place at its facility. The record shall contain the name of the decedent, the date of the cremation, and the final disposition of the cremated remains, if known.
(D) The crematory authority shall maintain for ten years a record of all cremated remains disposed of by the crematory authority.
(E) Upon completion of the cremation, the crematory authority shall file the burial transit permit in accordance with department regulations.
(F) All cemeteries shall maintain a record of all cremated remains that are disposed of on their property.
Section 32-8-335. (A) A crematory authority and funeral establishment may require a decedent's agent to purchase an alternative container to contain the human remains before cremation but may not require the agent to purchase a casket before cremation for viewing or the actual cremation.
(B) No crematory authority may accept human remains from a funeral establishment unless the remains are delivered in a casket, cremation casket, or an alternative container unless the funeral establishment has made arrangements with the crematory authority to provide the casket, cremation casket, or an alternative container before cremation. Only a licensed crematory may perform cremations of human remains in this State and only a licensed funeral director or a funeral establishment may sell preneed and at-need merchandise.
(C) For purposes of this section, `alternative container' means a receptacle other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be:
(a) composed of readily combustible materials suitable for cremation;
(b) resistant to leakage or spillage;
(c) rigid enough for handling with ease;
(d) able to provide protection for the health, safety, and personal
integrity of crematory personnel.
(B) No crematory authority shall cremate human remains when the authority has actual knowledge that human remains contain a pacemaker or other material or implant that may be potentially hazardous to the person performing the cremation or to the environment.
(C) No crematory authority shall refuse to accept human remains for cremation because the remains are not embalmed.
(D) If a crematory authority is unable or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory authority shall place the human remains in a holding facility which may be located in a cremation room. Access to a holding facility must be limited to authorized persons and must be constructed and maintained to preserve the health and safety of the crematory authority personnel.
(E) The casket, cremation casket, or alternative container must be cremated with the human remains or destroyed unless the crematory authority has notified the decedent's agent to the contrary on the cremation authorization form and obtained the written consent of the agent.
(F) No crematory authority may simultaneously cremate the human remains of more than one person within the same cremation chamber without the prior written consent of the agent. However, nothing in this subsection prevents the simultaneous cremation within the same cremation chamber of body parts that have been used for anatomical study delivered by a licensed hospital or medical facility in this State to the crematory authority from multiple sources or the use of cremation equipment that contains more than one cremation chamber.
(G) A crematory authority may not remove dental gold, body parts, organs, or any item of value before a cremation without previously having received specific written authorization from the decedent's agent and written instructions on the delivery of these items to the agent. A crematory authority may not profit from taking or assisting in removal of valuables.
(H) Upon the completion of a cremation, and insofar as is commercially reasonable, the cremated remains and foreign matter of the
(I) If all of the recovered cremated remains do not fit within the receptacle that has been selected, the remainder of the cremated remains must be returned in a separate container to the decedent's agent. The crematory authority may not return to an agent more or less cremated remains than were removed from the cremation chamber.
(J) A crematory authority may not knowingly represent to a decedent's agent that a temporary container or an urn contains the cremated remains of a specific decedent when it does not.
(K) A crematory authority shall maintain an identification system that ensures identification of the human remains while in the authority's possession throughout all phases of the cremation process.
Section 32-8-345. (A) The agent or a licensed funeral establishment or crematory authority is responsible for the final disposition of the cremated remains.
(B) Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in a scattering area, or in any manner on the private property of a consenting owner. If cremated remains are disposed of on public lands or water, all state and federal laws apply.
(C) Upon completion of the cremation process, if the crematory authority has not been instructed to arrange for the mailing, interment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver in person or mail the cremated remains accompanied by the cremation certificate to the designee specified on the cremation authorization form. If no designee is specified, the cremated remains must be delivered in person or mailed to the decedent's agent. The cremated remains must be delivered in person or delivered to the United States Post Office or to a bonded licensed courier service to be sent by registered and return receipt requested mail. Upon receipt of the cremated remains accompanied by a photocopy of the Burial Transit Permit and Cremation Certificate, the individual receiving them may transport and dispose of them in any manner in accordance with this section. After delivery in person or to the United States Post Office or to a bonded, licensed courier service, the crematory authority is discharged from any legal obligation or liability concerning the cremated remains.
(D) If after a period of sixty days from the date of cremation the decedent's agent has not instructed the funeral establishment or crematory
(E) Except with the express written permission of the decedent's agent, no person may:
(1) dispose of cremated remains in a manner or in a location so that the cremated remains are commingled with those of another. This does not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for the purpose of disposing of cremated remains;
(2) place cremated remains of more than one person in the same temporary container or urn.
Section 32-8-350. (A) A crematory authority is not liable for damages arising from cremating the human remains designated by a cremation authorization form if the form complies with Section 32-8-325 and if the cremation is performed in accordance with this chapter.
(B) A crematory authority is not liable for damages resulting from refusing to accept or cremate human remains or refusing to release or dispose of cremated remains if the authority is aware of a dispute concerning the remains or if the authority has a reasonable basis for questioning a statement or representation made by the decedent's agent.
(C) A crematory authority is not responsible or liable for valuables delivered with the human remains unless the crematory authority has received written instructions in accordance with Section 32-8-325(A)(2)(j).
(D) No cemetery is liable for cremated remains that are dumped, scattered, or otherwise deposited on the cemetery in violation of this article, if that action is taken without the cemetery's consent.
Section 32-8-355. If a decedent's agent informs the funeral establishment on the cremation authorization form of the presence of a pacemaker in the human remains, the funeral establishment must ensure that all necessary steps have been taken to remove the pacemaker before delivering the human remains to the crematory authority. If the funeral establishment who delivers the human remains to the crematory knows of
Section 32-8-360. (A) The board may refuse to issue or renew the license or may suspend or revoke the license of a funeral director or embalmer who violates a provision of this chapter.
(B) A person who violates a provision of this chapter is subject to a civil fine not to exceed five thousand dollars.
(C) The provisions of Section 40-19-160 apply to disciplinary actions under this article.
Section 32-8-365. Solicitations under this article are governed by Sections 32-7-90 and 40-19-180.
Section 32-8-370. This article must be construed and interpreted as a comprehensive cremation statute, and the provisions of the article take precedence over any existing laws containing provisions applicable to cremation but that do not specifically or comprehensively address cremation.
Section 32-8-375. The board shall offer or arrange for continuing education courses addressing the removal and disposition of pacemakers by licensed embalmers.
Section 32-8-380. The South Carolina State Board of Funeral Service shall promulgate regulations to carry out the provisions of this chapter including, but not limited to, the regulation of crematories whether or not constructed on the grounds of a funeral establishment."
SECTION 2. The 1976 Code is amended by adding:
"Section 17-5-305. If the body of a dead person is unidentifiable, the remains may not be cremated for at least thirty days. The medical examiner or coroner shall have the remains buried or interred in a cemetery in the county in which the remains were found."
SECTION 3. Section 17-5-310 of the 1976 Code is amended to read:
"Section 17-5-310. When the body of any dead person who died in the county is to be cremated, whoever required the cremation shall secure a permit for such the cremation from the county medical examiner or his the medical examiner's deputy or the coroner or the deputy coroner, and any such a person who shall wilfully fail fails to secure such a permit for cremation is guilty of a misdemeanor and, upon conviction, must shall be fined not less than twenty dollars and not more than five hundred dollars. Such A permit for cremation shall promptly must be promptly acted upon
SECTION 4. Section 17-5-320 of the 1976 Code is amended to read:
"Section 17-5-320. If in any a case of sudden, violent, or suspicious death the body is buried without any an investigation by the county medical examiner or by his the examiner's deputy medical examiner or by the coroner or deputy coroner, it shall be the duty of any a person having knowledge of this fact to shall notify the coroner or the county medical examiner."
SECTION 5. This act takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20873SD.94), which was adopted.
Amend the Report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, in SECTION 1, by adding Section 32-8-385 immediately following Section 32-8-380 on page 4756-12 to read:
/"Section 32-8-385. A crematory is required to have in its employ at least one individual who has been trained in performing cremations by the licensed crematory authority who is his employer, by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation of the board. Upon meeting the above requirements, this individual is considered to be sufficiently trained for purposes of this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 5169 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 5058, RELATING TO THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, TUESDAY, APRIL 26, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 5058 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 5058, relating to the School Safety and Juvenile Justice Reform Act, is set by special order for second reading or other consideration after the call of the uncontested calendar on Tuesday, April 26, 1994, and to provide, following the call of the uncontested calendar on each subsequent legislative day, for the continuing special order consideration of H.5058 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. BOAN spoke in favor of the Resolution.
Rep. McELVEEN spoke in favor of the Resolution.
Rep. J. BROWN moved to adjourn debate upon the Resolution.
Rep. McTEER moved to table the motion.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Baker Barber Baxley Boan Breeland Brown, H. Cato Chamblee Cobb-Hunter Corning Cromer Fair Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harrison
Harvin Haskins Hines Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks Martin McCraw McElveen McTeer Meacham Neal Neilson Quinn Rhoad Richardson Riser Robinson Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Young, A.
Those who voted in the negative are:
Beatty Brown, J. Carnell Davenport McAbee McLeod Rudnick Sharpe
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 5170 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4036, RELATING TO THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY
Printed Page 4990, Apr. 27
| Printed Page 5010, Apr. 27
|