216-40-05 R.I. Code R. § 25.6

Current through June 20, 2024

Section 216-RICR-40-05-25.6 - Licensing for Crematories

25.6.1Licensure Application and Fees

A. No person or business shall erect, maintain, or operate a crematory in Rhode Island without first providing the necessary appliances and facilities for the cremation of human remains and without obtaining all the necessary licenses as required by this Part.

B. A crematory authority shall be subject to all local, state and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department, the federal Department of Health and Human Services, the U.S. Environmental Protection Agency, the Rhode Island Department of Environmental Management, or such other appropriate local, state and federal agencies.

C. A crematory may be constructed on or adjacent to any cemetery, in, or adjacent to any funeral home or at any other location consistent with local zoning regulations and state laws.

D. Applications for the crematory license shall be made on forms furnished by the Department accompanied by a non-refundable application fee as set forth in the Fee Structure for Licensing, Laboratories and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) and copies of all necessary local, state and federal permits and licenses.

E. A license shall be issued to a specific licensee for a specific location and shall not be transferable.

F. The facility and licensee shall meet all requirements as set forth by this Part, consistent with the Act.

25.6.2Renewal of Licenses

A. All licenses issued under the provisions of this Part must be renewed annually by the holders who shall pay to the Department a yearly renewal fee as set forth in the Fee Structure for Licensing, Laboratories and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) for the crematory license.

B. Applications, accompanied by the renewal fee, shall be filed with the Department on or before the 31st day of December in each year.

1. Applications filed after the 31st day of December must be accompanied by a late fee as set forth in the Fee Structure for Licensing, Laboratories and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) in addition to the renewal fee cited in §25.5.3(A) of this Part.

C. Any crematory that acts or holds itself out as such after its license has lapsed shall be punished as provided by this Part.

25.6.3Inspections

A. Any licensed funeral director/embalmer employed by the Department duly authorized and empowered may enter any crematory licensed under the provisions of this Part, during the hours the crematory shall be open for business, for the purpose of inspecting the sanitary conditions, complaint investigations, and ascertaining if the provisions of this Part are being observed in the operation of the crematory.

B. The inspector may request permission from the Department to be accompanied by another Departmental employee prior to an inspection. Failure or refusal of the person in charge of that crematory to permit such inspection at all reasonable times shall be deemed sufficient cause for the revocation of any license issued to the crematory.

C. Crematories licensed under the provisions of this Part shall be inspected at least once (1) each year.

D. Inspections shall include all areas of sanitation and public health, complaint investigations, as well as conformity with applicable sections of this Part.

25.6.4General Operational Requirements

A. Practice of Cremation

1. The practice of cremation shall include no less than the following provisions:

a. The body of a deceased person shall not be cremated within twenty-four (24) hours after his/her death unless he/she dies of a contagious or infectious disease.

b. The body shall not be received or cremated by any corporation authorized to cremate the bodies of the dead until its officers have received:

(1) A cremation authorization form signed by the authorizing agent, whose right to authorize the cremation was established in accordance with the Act. The cremation authorization form shall contain, at a minimum, the following information:

(AA) The identity of the human remains to be cremated and the time and date of death;

(BB) The name of the funeral establishment that obtained the cremation authorization;

(CC) Notification as to whether the death occurred from a disease declared by the Department to be infectious, contagious, communicable or dangerous to the public health;

(DD) The name and address of the authorizing agent and the relationship between the authorizing agent and the decedent;

(EE) A representation that the authorizing agent does in fact have the right to authorize the cremation, and that the authorizing agent in not aware of any living person who has a superior priority right to that of the authorizing agent. In the event that there is another living person who has an equal priority right to the authorizing agent the form shall contain a representation that the authorizing agent has made reasonable efforts to contact that person, has been unable to do so and has no reason to believe that the person would object to the cremation of the decedent.

(FF) Authorization for the crematory to cremate the human remains;

(GG) A representation that the human remains do not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation;

(HH) The name of the person, or the name of the funeral establishment, authorized to receive the cremated remains from the crematory;

(II) The manner in which final disposition of the cremated remains is to take place, if known;

(JJ) The signature of the authorizing agent attesting to the accuracy of all representations contained on the cremation authorization form;

(KK) If authorization was given as part of a previously executed pre-need funeral contract, then the crematory must receive a copy of that form in accordance with the Act.

(2) A completed and executed burial transit permit required by law before disposition is made indicating that the human remains named on the permit are to be cremated, and

(3) A cremation certificate issued by the Rhode Island Office of the State Medical Examiner. A cremation certificate shall be issued only if the Office of the State Medical Examiner determines that the cause and manner of death is such that no further examination or judicial inquiry concerning the same is necessary.

(4) The cremation certificate issued to the funeral director by the Medical Examiner, in duplicate, shall accompany the body to the crematory. The crematory shall retain the duplicate copy and mail the original copy to the state Division of Vital Records.

c. A crematory shall not take custody of unidentified human remains. The identity of the decedent contained within each cremation container or casket must clearly be indicated on, or labeled attached to, the outside of the container or casket.

2. Every crematory shall establish an internal system of identification of human remains received for cremation. This system shall be designed to track the identity of the remains from the time of receipt until completion of the cremation and delivery of the cremated remains to the authorized person(s) or until otherwise disposed of in accordance with the instructions from the authorized agent(s) or in accordance with this Part once the cremated remains have been abandoned.

3. Human remains designated for cremation shall be cremated without unreasonable delay.

4. When the crematory is unable to cremate the human remains immediately upon taking custody, the crematory shall provide a secured holding facility that shall comply with any applicable public health laws that shall preserve the dignity of the human remains.

5. Holding facilities shall be secure from access by all unauthorized persons.

6. A metal, indestructible identifying disk shall be placed in, or near the control panel of, the cremation chamber with the human remains for the purpose of identifying said remains. The name of the crematory or its license number shall be imprinted on said disk.

7. The crematory shall not simultaneously cremate more than one (1) human remains within the same cremation chamber.

a. Upon completion of each cremation, the human remains shall be removed and the retort shall be cleaned and all recoverable residue of the cremation process shall be removed from the retort before each successive set of human remains are inserted.

8. In cases where the human remains are to be cremated, the funeral director/embalmer shall remove a pacemaker or other medical device(s) from the remains and transmit said device(s) to the next-of-kin or other responsible party.

9. In all cases where the human remains are to be cremated, the next-of-kin or other responsible party shall sign a written consent personally identifying the body prior to cremation. If this is not possible, the funeral director/embalmer shall obtain a written consent from the next-of-kin, or other responsible party, assuming all responsibility for the identification of the human remains.

10. A crematory authority shall not accept a casket or alternative container from which there is any evidence of the leakage of body fluids.

11. Except as provided for in §25.6.4(A)(13) of this Part, no crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor shall the crematory refuse to accept human remains for cremation for the reason that they are not in a casket.

12. Human remains shall be transferred to a crematory in a casket or cremation container.

13. Human remains shall not be removed from the casket or cremation container and the casket or cremation container shall be cremated with the human remains, unless the crematory authority has been provided with written instructions to the contrary by the authorizing agent or unless the crematory does not accept metal caskets for cremation.

14. Upon completion of the cremation, and in so far as possible, all of the recoverable residue of the cremation process shall be removed from the cremation chamber. In so far as possible, all residue from the cremation process shall then be separate from anything other than bone fragments. The bone fragments shall be processed so as to reduce them to unidentifiable particles. Anything other than the particles shall be removed from the cremated residuals as far as possible and shall be disposed of by the crematory.

15. Cremated remains, including the proper identification tag, shall be placed within a temporary container or urn as instructed by the authorizing agent(s). When a temporary container is used the outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained therein, the name of the crematory and the crematory's identification number for those cremated remains. When an urn is used, the urn shall be placed in a suitable box, or cloth bag, and the outside of the box or bag shall be clearly identified with the name of the deceased person whose cremated remains are contained therein, the name of the crematory and the crematory's identification number for those cremated remains.

16. If the cremated remains are to be shipped, or mailed, the designated receptacle ordered by the authorizing agent shall be packed securely in a suitable, sturdy and pressure resistant container which is not fragile and is sealed properly. Cremated remains shall be shipped, or mailed, only by a method which has an internal tracing system available and which provides a receipt signed by the person accepting delivery.

17. Each crematory shall maintain on its premises, or other business location within the state, an accurate record of all cremation performed. This record, or log, shall include all of the following information:

a. The name of the deceased;

b. The date the body was received by the crematory;

c. The crematory's identification number assigned to the cremation;

d. The name of the referring funeral home;

e. The time, date and temperature at which the body was inserted into the cremation chamber;

f. The time, date and temperature the body was removed from the cremation chamber; and

g. The name of the individual who supervised the cremation.

18. When the crematory releases the cremated remains, a receipt shall be signed by the individual who is receiving the cremated remains from the crematory.

19. Crematory authorities shall abide by all applicable state and federal laws and regulations.

B. Disposition of Human Remains

1. A crematory or funeral home shall be authorized to arrange for disposition of cremated remains, in a dignified manner, that have been abandoned at the crematory or funeral home for more than six (6) months.

a. All reasonable attempts must be made and due diligence exercised to contact the person in charge who authorized the cremation. Written notice shall be sent by certified mail, return receipt requested, to the last known address of the person who authorized the cremation at least sixty (60) days prior to disposition.

b. Records shall be maintained to indicate the disposition of the human remains after cremation.

2. This section shall not apply to the cremation of various body parts from different human bodies.

C. Medical Waste

1. The facility shall be in compliance with applicable sections of R.I. Gen. Laws Chapter 23-19.12, and the Rhode Island Department of Environmental Management's Medical Waste Regulations (250-RICR- 140-15-1).

D. Latex

1. Any crematory that utilizes latex gloves shall do so in accordance with the provisions of the rules and regulations pertaining to Use of Latex Gloves by Health Care Workers in Licensed Health Care Facilities, and by Other Persons, Firms, or Corporations Licensed or Registered by the Department (Part 20-15-3 of this Title).

216 R.I. Code R. § 216-RICR-40-05-25.6