Current through Register Vol. XLI, No. 21, May 23, 2024
Section 6-1-6 - Control of Dead Bodies6.1. Authority to assume control. A licensee, licensee's agent, assistants or employees shall not assume control of any dead body without first gaining permission from the next of kin or their representatives, or a medical examiner, health officer or other public official legally authorized to give the permission to release the body.
6.2. Responsibility to honor instructions.6.2.1 A licensee or licensee's agents, assistants or employees who have assumed control of a dead body shall honor all instructions from persons who have given the control, as to matters relating to the handling of the body, including all steps in preparation; autopsy; embalming; viewing; photographing; clothing; casket; box or vault; cremation; time, location and type of ceremonies; and burial or other customary disposal, insofar as considerations of public health, legal requirements and customary respectful handling of the dead body may permit.6.2.2. A licensee may establish a general policy which requires embalming for public viewings of dead human bodies as a matter of public health. A licensee may conduct a public viewing of an unembalmed body, provided that he or she shall provide a disclosure of the risks to every person viewing the body, pursuant to subsection 6.3 of this rule.6.3. Authority to embalm. A licensee or licensee's agents, assistants or employees shall not authorize the embalming of, or embalm any body without first gaining permission from the person or persons authorized to give permission, or in the event services are being rendered by virtue of reference from another funeral establishment, from a representative of the funeral establishment, provided that the other funeral establishment provides proof of authorization from the person or persons authorized to give permission.
6.4. Exception. 6.4.1. If a question exists to whether the condition of a body may pose a hazard to public health which would be eliminated by embalming, the embalmer shall get a written certification of the condition along with a request that the body be embalmed from a public health officer prior to embalming.6.4.2. If the funeral establishment is unable to contact the next of kin or other authorized representative of the decedent, the funeral establishment shall follow procedures outlined in subsection 25.1 of this rule relating to storage and disposal of unclaimed human remains.6.5. Responsibility for fees. A person or persons authorized to give permission to embalm a body pursuant to subsections 6.3 and 6.4 of this rule, shall not be responsible for the payment of any fee in connection with an unauthorized embalming.