Current through Register Vol. XLI, No. 23, June 7, 2024
Section 6-1-26 - Storage and disposal of unclaimed human remains26.1. Unclaimed dead human bodies. A funeral establishment may embalm an unclaimed dead human body under the following circumstances:
26.1.1. If the funeral establishment has made legitimate attempts to contact the next of kin or authorized representative without success within twelve (12) hours after the body was placed in its care, the funeral establishment may embalm the body after this twelve (12) hour period; provided that the funeral establishment makes a record of such legitimate attempts to contact the next of kin or authorized representative; or,26.1.2. If the funeral establishment has made legitimate attempts to contact the next of kin or authorized representative without success and has reasonable belief that a body could be infected with a contagious or communicable disease, the funeral establishment may embalm the body immediately upon receipt of certification by a public health officer that the body is infected with a contagious or communicable disease. The funeral establishment may embalm the body prior to the end of twelve (12) hour period set forth in subsection 26.1.1. of this section if the body is certified as contagious by the public health officer.26.2. Unclaimed cremated remains.26.2.1. A funeral establishment shall store in a secure location unclaimed cremated remains while trying to locate an authorized representative or person to whom the funeral establishment was instructed to release the cremated remains.26.2.2. If, after sixty (60) calender days following the cremation procedure, the cremated remains are not claimed, the funeral establishment shall send notification, by certified mail, to the authorized representative or person to whom the cremated remains were to be released. This notification shall state that the remains are unclaimed and that the funeral establishment requires additional instructions regarding their release.26.2.3. If, after thirty (30) calender days since the first notification, the cremated remains are still unclaimed, the funeral establishment shall send a second notification, by certified mail, to the same person or persons prescribed in subsection 26.2.2 of this section. This notification shall state that the cremated remains are still unclaimed and mat the funeral establishment requires additional instructions regarding their release. The notice shall also inform the recipient that the funeral establishment may dispose of the remains in ninety (90) days if unclaimed.26.2.4. If, after ninety (90) calender days since the second notification, the cremated remains are still unclaimed, the funeral establishment may dispose of the cremated remains by burial or entombment. The funeral establishment may bury such cremated remains in a common grave, pursuant to section 24 of this rule.26.3. The funeral establishment shall be entitled to payment for these services from the deceased person's estate, pre-need contract, applicable insurance policies or trust funds, or indigent burial programs.