172 Neb. Admin. Code, ch. 69, § 006

Current through June 17, 2024

Section 172-69-006 - CREMATION PROCESSES AND PROCEDURES

A crematory must comply with Neb. Rev. Stat. §§ 71-1376 through 71-1379 and the following

006.01HOLDING FACILITY. A crematory, upon receiving human remains, must sign a delivery receipt form and must hold the human remains until cremation. If a crematory is unable to cremate the human remains immediately upon receipt, the crematory must place the remains in a holding facility.

006.01(A)CREMATORIES WITH HOLDING FACILITIES. The human remains may be delivered to the crematory without an alternative container or casket; however, the human remains must be delivered directly to the holding facility for placing the human remains in the alternative container or casket. The holding facility must:

(i) Comply with all applicable public health law;

(ii) Provide for the health and safety of persons employed at the facility;

(iii) Prevent unauthorized access to the facility;

(iv) Be large enough to hold a casket and be able to transport the human remains from the cot to the container;

(v) Be out of the public's view, except family may view; and

(vi) Be clean, safe and secure.

006.01(B)CREMATORIES WITHOUT HOLDING FACILITIES. If a crematory does not have a holding facility, the crematory must cremate the human remains immediately and the human remains must have been delivered to the crematory in an alternative container or casket.

006.01(C)UNEMBALMED HUMAN REMAINS. Human remains which have not been embalmed, must be cremated in accordance with the following requirements.

006.01(C)(i)REFRIGERATION. If a crematory has refrigeration, the following applies:

(1) Upon receipt of human remains, the funeral director and embalmer has 24 hours to either bury, cremate, embalm, place in refrigerated storage, or place in a hermetically sealed container (which cannot be reopened).

(2) If placing in refrigerated storage, an un-embalmed human remains must be retained at a constant temperature of less than 40 degrees Fahrenheit for not more than 8 days. An un-embalmed human remains may be retained in storage beyond the 8 days only when:

(a) Written notification of a criminal proceeding is received; or

(b) Upon receipt of a court order; and

(3) When human remains are removed from storage they must be cremated within 24 hours following the removal from storage.

006.01(C)(ii)NO REFRIGERATION. If a crematory does not have refrigeration, un-embalmed human remains must be cremated within 24 hours from the time the funeral home received the human remains.

172 Neb. Admin. Code, ch. 69, § 006

Amended effective 3/17/2020