W. Va. Code R. § 6-2-16

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-2-16 - Cremation services
16.1. Cremation chamber for human remains.

The thermal crematory operator shall knowingly cremate only dead human bodies in a cremation chamber, along with the cremation container and a sheet or pouch utilized for disease control. The crematory shall, at minimum, use a cremation container as a means of protecting the crematory operator and providing dignity to the decedent. The crematory may charge for the use of the cremation container.

16.2. Privacy.
16.2.1. Only authorized crematory personnel shall be permitted in the room which houses the cremation unit while a dead human body is in the cremation area awaiting cremation, in the cremation chamber, being removed from the cremation chamber, or being processed and placed in a cremated remains container.
16.2.2. If the family of the decedent wishes to view the body, the crematory shall designate an area for such use and which shall not be a part of the room which houses the cremation unit. The designated area shall be maintained in a clean and sanitary condition.
16.2.3. A crematory operator shall not interfere with traditional religious rituals or ceremonies. If a ritual or ceremony requires a family member to witness a cremation or start the cremation unit, the crematory operator shall, with utmost care and caution, directly supervise this ritual or ceremony, provide clear instructions to the family member about proper procedures, and inform the family member about what happens to a body as it is being cremated.
16.3. Operation of the crematory unit and mechanical processor.

Only a certified crematory operator may operate a crematory unit and remove cremated remains from the crematory unit and operate a mechanical processor. However, other staff may be present and assist in the room where the crematory unit is housed.

16.4. Removal of objects from the dead human body.
16.4.1. A crematory shall not be required to remove any objects from a deceased human body prior to cremation if the crematory was contracted by a licensed funeral establishment to provide the cremation, as this duty is the responsibility of the funeral establishment, pursuant to Title 6, Series 1 of these rules. Only a funeral service licensee shall remove these objects.
16.4.2. A crematory operator shall not remove any dental gold, body parts, organs, or other items of value from a dead human body prior to the cremation except with the express written permission from the authorized representative. The crematory shall disclose to the authorized representative or the contracting funeral establishment that objects will not be recoverable after cremation and mechanical processing. The crematory shall also give the authorized representative the opportunity to have jewelry or other items of value removed prior to cremation. The crematory shall maintain this information as part of the records.
16.4.3. A crematory shall ask the authorized representative or the contracting funeral establishment if the deceased human body contains objects or medications which may be hazardous or dangerous. If the crematory ascertains that such objects or medications are present, the crematory may refuse to cremate the body and suggest a traditional burial. However, the crematory shall not be prohibited from cremating a body containing such objects or medications, provided that the crematory takes all necessary precautions in protecting its employees and equipment and follows any state or federal regulations regarding the incineration of such objects or medications.
16.5. Commingling of human remains prohibited in the cremation chamber.

Except with the express written permission of the authorized representative, no crematory shall cremate more than one dead human body at the same time and in the same cremation chamber, or introduce a second dead human body into a cremation chamber until reasonable efforts have been employed to remove all fragments of the preceding cremated remains, or cremate a dead human body and other human remains at the same time in the same cremation chamber. The fact that there is incidental and unavoidable residue in the cremation chamber used in a prior cremation is not a violation of this provision.

16.6. Removal from the cremation chamber.

Upon completion of the reduction process, the crematory operator shall make reasonable efforts to remove, from the cremation chamber, all of the recoverable cremated human remains and non-combustible materials or items. Insofar as is possible, the crematory operator shall properly separate the non-combustible materials or items from the cremated human remains and dispose of the non-combustible materials as regular refuse. The crematory operator shall place the cremated remains in an appropriate container to be transported to the processing area.

16.7. Commingling of human remains prohibited in the mechanical processor.

Except with the express written permission of the authorized representative, no crematory shall mechanically process more than one dead human body at the same time and in the same mechanical processor, or introduce a second dead human body into a mechanical processor until reasonable efforts have been employed to remove all fragments of the preceding cremated remains, or mechanically process a dead human body and other human remains at the same time in the same mechanical processor. The fact that there is incidental and unavoidable residue in the mechanical processor used in a prior cremation is not a violation of this provision.

16.8. Processing the cremated remains.

The crematory operator shall reduce the cremated remains in a mechanical processor to a granulated appearance appropriate for final disposition and place the cremated remains in a cremated remains container along with the appropriate identifying disk, tab, or label.

16.9. Container of sufficient capacity and durability.
16.9.1. If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a given dead human body, subject to directives provided in the written authorization to cremate, the crematory operator shall place the excess cremated remains in a secondary cremated remains container and attach the second container, in a manner so as not to be easily detached through incidental contact, to the primary container. The secondary container shall contain a duplicate of the identification disk, tab, or label that was placed in the primary container and all paperwork regarding the given body shall include a notation that the cremated remains were placed in two or more containers. All containers shall be closed, rigid, and leak resistant.
16.9.2. If the authorized representative requests that the cremated remains are to be divided into two or more containers, the crematory operator shall ensure that all containers contain the identification disk, tab, or label and that all paperwork include a notation of this information, as prescribed in subsection 16.9.1. of this section. The crematory shall require each recipient of a container to sign a form authorizing the release, or if the authorized representative is also serving as a representative of the recipients, the authorized representative shall sign a separate form for each container which authorizes the release of the container.
16.10. Disposition of accumulated residue.

A crematory shall provide for the removal and disposition in accordance with local, state, and federal laws of any accumulated residue from the cremation chamber and mechanical processor, or other equipment used in cremation.

16.11. Storing bodies awaiting cremation.

A crematory shall install a refrigeration unit or have access to a refrigeration unit for the purpose of storing unembalmed bodies. The crematory shall refrigerate an unembalmed body awaiting cremation when the crematory operator considers refrigeration necessary, based on the condition and deterioration of the body; provided that bodies in later stages of deterioration shall be given priority. If the body has been embalmed, the crematory shall not be required to refrigerate the body.

16.12. Dust on and around the cremation chamber.

A crematory shall vacuum all dust on the outside of and around the cremation unit and treat is as cremated remains. A crematory may dispose of these cremated remains by burial in a common grave or other space dedicated to such cremated remains, in a respectful manner.

W. Va. Code R. § 6-2-16