Section 73-11-73 - [Repealed Effective 7/1/2025] Removal of body from place of death, embalming body, or cremating body without permission of next of kin prohibited; picking up or removing body on first call; written record of oral consent for embalming or cremation required(1) A funeral establishment and its employees, licensees and/or representatives shall not respond to a death call unless properly contacted and requested to so respond. No person or entity subject to regulation under this chapter shall remove or cause to be removed any dead human body from the place of death or take or cause to take custody of a dead human body without the permission of the next of kin or authorized representative, in the order of priority specified in Section 73-11-58, of the deceased.(2) Dead human bodies may be picked up on first call or removed by a funeral director or funeral service practitioner licensed by the board or under the direction of the licensed funeral director or funeral service practitioner. When a licensed funeral director or funeral service practitioner directs another to make a first call or removal of a dead human body, he accepts, in every manner, full responsibility for all aspects of the first call or removal.(3) A licensed funeral establishment or other licensee of the board shall not embalm or cremate a dead human body without the prior written or oral consent of the next of kin or authorizing agent or representative of the deceased for each body that is placed under its care and custody. In determining who the proper next of kin is or authorizing agent or representative of the deceased, the order of priority is the same as provided in Section 73-11-58.(4) The licensed funeral establishment or licensee responsible for the embalming or cremation of the dead human body shall create a written record of an oral consent given under this section that includes all of the following:(a) The name of the authorizing agent;(b) The relation of the authorizing agent to the deceased;(c) The date and time that consent was given;(d) The name of the person who obtained the consent; and(e) Any other information required by the board. Laws, 2012, ch. 466, § 21, eff. 7/1/2012.Reenacted without change by Laws, 2021, ch. 311, SB 2098,§ 20, eff. 7/1/2021.Brought forward by Laws, 2017, ch. 373, HB 465, 21, eff. 7/1/2017.