Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 121 First Substitute (2018GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms, including "alkaline hydrolysis";
• authorizes the use of the alkaline hydrolysis process for the disposition of human remains;
• describes licensing and other requirements for a licensed funeral service establishment to use the alkaline hydrolysis process for the disposition of human remains; and
• makes technical changes.

Every vote on this bill

Bill text

REGULATION OF ALKALINE HYDROLYSIS PROCESS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill modifies the Funeral Services Licensing Act and related provisions.
Highlighted Provisions:
This bill:
▸ defines terms, including "alkaline hydrolysis";
▸ authorizes the use of the alkaline hydrolysis process for the disposition of human
remains;
▸ describes licensing and other requirements for a licensed funeral service
establishment to use the alkaline hydrolysis process for the disposition of human
remains; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-4-2
, as last amended by Laws of Utah 2011, Chapter 297
58-9-102
, as last amended by Laws of Utah 2013, Chapter 278
58-9-302
, as last amended by Laws of Utah 2009, Chapter 183
58-9-601
, as last amended by Laws of Utah 2013, Chapter 364
58-9-606
, as enacted by Laws of Utah 2007, Chapter 144
58-9-611
, as enacted by Laws of Utah 2008, Chapter 353
ENACTS:
58-9-613
, Utah Code Annotated 1953
58-9-614
, Utah Code Annotated 1953
58-9-615
, Utah Code Annotated 1953
58-9-616
, Utah Code Annotated 1953
58-9-617
, Utah Code Annotated 1953
58-9-618
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-4-2
 is amended to read:
26-4-2.
Definitions.
As used in this chapter:
(1) "Dead body" is as defined in Section 
26-2-2
.
(2) "Death by violence" means death that resulted by the decedent's exposure to
physical, mechanical, or chemical forces, and includes death which appears to have been due to
homicide, death which occurred during or in an attempt to commit rape, mayhem, kidnapping,
robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence,
assault with a dangerous weapon, assault with intent to commit any offense punishable by
imprisonment for more than one year, arson punishable by imprisonment for more than one
year, or any attempt to commit any of the foregoing offenses.
(3) "Medical examiner" means the state medical examiner appointed pursuant to
Section 
26-4-4
 or a deputy appointed by the medical examiner.
(4) "Regional pathologist" means a trained pathologist licensed to practice medicine
and surgery in the state, appointed by the medical examiner pursuant to Subsection 
26-4-4
(3).
(5) "Sudden death while in apparent good health" means apparently instantaneous
death without obvious natural cause, death during or following an unexplained syncope or
coma, or death during an acute or unexplained rapidly fatal illness.
(6) "Sudden infant death syndrome" means the death of a child who was thought to be
in good health or whose terminal illness appeared to be so mild that the possibility of a fatal
outcome was not anticipated.
(7) "Suicide" means death caused by an intentional and voluntary act of a person who
understands the physical nature of the act and intends by such act to accomplish
self-destruction.
(8) "Unattended death" means the death of a person who has not been seen by a
physician within the scope of the physician's professional capacity within 30 days immediately
prior to the date of death. This definition does not require an investigation, autopsy, or inquest
in any case where death occurred without medical attendance solely because the deceased was
under treatment by prayer or spiritual means alone in accordance with the tenets and practices
of a well-recognized church or religious denomination.
(9) (a) "Unavailable for postmortem investigation" means that a dead body is:
(i) transported out of state;
(ii) buried at sea;
(iii) cremated; [
or
]
(iv) processed by alkaline hydrolysis; or
[
(iv)
] 
(v)
 otherwise made unavailable to the medical examiner for postmortem
investigation or autopsy.
(b) "Unavailable for postmortem investigation" does not include embalming or burial
of a dead body pursuant to the requirements of law.
(10) "Within the scope of the decedent's employment" means all acts reasonably
necessary or incident to the performance of work, including matters of personal convenience
and comfort not in conflict with specific instructions.
Section 2. Section 
58-9-102
 is amended to read:
58-9-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Alkaline hydrolysis" means a water-based dissolution process using alkaline
chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid
and to dry bone residue and includes the disposal of the liquid and the processing and
pulverization of the dry bone residue.
(2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human
remains.
(3) "Alkaline hydrolysis container" means a container:
(a) in which human remains are transported to a funeral service establishment and
placed in an alkaline hydrolysis chamber for resomation; and
(b) that meets substantially all of the following standards:
(i) able to be closed in order to provide a complete covering for the human remains;
(ii) resistant to leakage or spillage;
(iii) rigid enough for handling with ease; and
(iv) able to provide protection for the health, safety, and personal integrity of crematory
personnel.
[
(1)
] 
(4)
 "Authorizing agent" means a person legally entitled to authorize the cremation
or the alkaline hydrolysis process
 of human remains.
[
(2)
] 
(5)
 "Beneficiary" means the individual who, at the time of the individual's death,
is to receive the benefit of the property and services purchased under a preneed funeral
arrangement.
[
(3)
] 
(6)
 "Board" means the Board of Funeral Service created in Section 
58-9-201
.
[
(4)
] 
(7)
 "Body part" means:
(a) a limb or other portion of the anatomy that is removed from a person or human
remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;
or
(b) a human body or any portion of a body that has been donated to science for medical
research purposes.
[
(5)
] 
(8)
 "Buyer" means a person who purchases a preneed funeral arrangement.
[
(6)
] 
(9)
 "Calcination" means a process in which a dead human body is reduced by
intense heat to a residue that is not as substantive as the residue that follows cremation.
[
(7)
] 
(10)
 "Cremated remains" means all the remains of a cremated body recovered
after the completion of the cremation process, including pulverization which leaves only bone
fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign
matter including casket material, bridgework, or eyeglasses that were cremated with the human
remains.
[
(8)
] 
(11)
 "Cremation" means the technical process, using direct flame and heat, 
or a
chemical process,
 that reduces human remains to bone fragments through heat and evaporation
,
or a chemical process,
 and includes the processing and usually the pulverization of the bone
fragments.
[
(9)
] 
(12)
 "Cremation chamber" means the enclosed space within which the cremation
process takes place and which is used exclusively for the cremation of human remains.
[
(10)
] 
(13)
 "Cremation container" means the container:
(a) in which the human remains are transported to the crematory and placed in the
cremation chamber for cremation; and
(b) that meets substantially all of the following standards:
(i) composed of readily combustible 
or consumable
 materials suitable for cremation;
(ii) able to be closed in order to provide a complete covering for the human remains;
(iii) resistant to leakage or spillage;
(iv) rigid enough for handling with ease; and
(v) able to provide protection for the health, safety, and personal integrity of crematory
personnel.
[
(11)
] 
(14)
 "Crematory" means the building or portion of a building that houses the
cremation chamber and the holding facility.
[
(12)
] 
(15)
 "Direct disposition" means the disposition of a dead human body:
(a) as quickly as law allows;
(b) without preparation of the body by embalming; and
(c) without an attendant funeral service or graveside service.
[
(13)
] 
(16)
 "Disposition" means the final disposal of a dead human body by:
(a) earth interment;
(b) above ground burial;
(c) cremation;
(d) calcination;
(e) alkaline hydrolysis;
[
(e)
] 
(f)
 burial at sea;
[
(f)
] 
(g)
 delivery to a medical institution; or
[
(g)
] 
(h)
 other lawful means.
[
(14)
] 
(17)
 "Embalming" means replacing body fluids in a dead human body with
preserving and disinfecting chemicals.
[
(15)
] 
(18)
 (a) "Funeral merchandise" means any of the following into which a dead
human body is placed in connection with the transportation or disposition of the body:
(i) a vault;
(ii) a casket; or
(iii) other personal property.
(b) "Funeral merchandise" does not include:
(i) a mausoleum crypt;
(ii) an interment receptacle preset in a cemetery; or
(iii) a columbarium niche.
[
(16)
] 
(19)
 "Funeral service" means a service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) with the body of the deceased present.
[
(17)
] 
(20)
 "Funeral service director" means an individual licensed under this chapter
who may engage in all lawful professional activities regulated and defined under the practice of
funeral service.
[
(18)
] 
(21)
 (a) "Funeral service establishment" means a place of business at a specific
street address or location licensed under this chapter that is devoted to:
(i) the embalming, care, custody, shelter, preparation for burial, and final disposition of
dead human bodies; and
(ii) the furnishing of services, merchandise, and products purchased from the
establishment as a preneed provider under a preneed funeral arrangement.
(b) "Funeral service establishment" includes:
(i) all portions of the business premises and all tools, instruments, and supplies used in
the preparation and embalming of dead human bodies for burial, cremation, 
alkaline
hydrolysis,
 and final disposition as defined by division rule; and
(ii) a facility used by the business in which funeral services may be conducted.
[
(19)
] 
(22)
 "Funeral service intern" means an individual licensed under this chapter
who is permitted to:
(a) assist a funeral service director in the embalming or other preparation of a dead
human body for disposition;
(b) assist a funeral service director in the cremation, calcination, 
alkaline hydrolysis,
 or
pulverization of a dead human body or its remains; and
(c) perform other funeral service activities under the supervision of a funeral service
director.
[
(20)
] 
(23)
 "Graveside service" means a funeral service held at the location of
disposition.
[
(21)
] 
(24)
 "Memorial service" means a service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) without the body of the deceased present.
[
(22)
] 
(25)
 "Practice of funeral service" means:
(a) supervising the receipt of custody and transportation of a dead human body to
prepare the body for:
(i) disposition; or
(ii) shipment to another location;
(b) entering into a contract with a person to provide professional services regulated
under this chapter;
(c) embalming or otherwise preparing a dead human body for disposition;
(d) supervising the arrangement or conduct of:
(i) a funeral service;
(ii) a graveside service; or
(iii) a memorial service;
(e) cremation, calcination, 
alkaline hydrolysis,
 or pulverization of a dead human body
or the body's remains;
(f) supervising the arrangement of:
(i) a disposition; or
(ii) a direct disposition;
(g) facilitating:
(i) a disposition; or
(ii) a direct disposition;
(h) supervising the sale of funeral merchandise by a funeral establishment;
(i) managing or otherwise being responsible for the practice of funeral service in a
licensed funeral service establishment;
(j) supervising the sale of a preneed funeral arrangement; and
(k) contracting with or employing individuals to sell a preneed funeral arrangement.
[
(23)
] 
(26)
 (a) "Preneed funeral arrangement" means a written or oral agreement sold in
advance of the death of the beneficiary under which a person agrees with a buyer to provide at
the death of the beneficiary any of the following as are typically provided in connection with a
disposition:
(i) goods;
(ii) services, including:
(A) embalming services; and
(B) funeral directing services;
(iii) real property; or
(iv) personal property, including:
(A) a casket;
(B) another primary container;
(C) a cremation
, alkaline hydrolysis,
 or transportation container;
(D) an outer burial container;
(E) a vault;
(F) a grave liner;
(G) funeral clothing and accessories;
(H) a monument;
(I) a grave marker; and
(J) a cremation 
or alkaline hydrolysis
 urn.
(b) "Preneed funeral arrangement" does not include a policy or product of life
insurance providing a death benefit cash payment upon the death of the beneficiary which is
not limited to providing the products or services described in Subsection (23)(a).
[
(24)
] 
(27)
 "Processing" means the reduction of identifiable bone fragments after the
completion of the cremation 
or the alkaline hydrolysis
 process to unidentifiable bone fragments
by manual means.
[
(25)
] 
(28)
 "Pulverization" means the reduction of identifiable bone fragments after the
completion of the cremation 
or alkaline hydrolysis
 and processing to granulated particles by
manual or mechanical means.
(29) "Resomation" means the alkaline hydrolysis process.
[
(26)
] 
(30)
 "Sales agent" means an individual licensed under this chapter as a preneed
funeral arrangement sales agent.
[
(27)
] 
(31)
 "Temporary container" means a receptacle for cremated 
or alkaline
hydrolysis
 remains usually made of cardboard, plastic, or similar material designed to hold the
cremated remains until an urn or other permanent container is acquired.
[
(28)
] 
(32)
 "Unlawful conduct" [
is as
] 
means the same as that term is
 defined in
Sections 
58-1-501
 and 
58-9-501
.
[
(29)
] 
(33)
 "Unprofessional conduct" [
is as
] 
means the same as that term is
 defined in
Sections 
58-1-501
 and 
58-9-502
.
[
(30)
] 
(34)
 "Urn" means a receptacle designed to permanently encase [
the
] cremated 
or
alkaline hydrolysis
 remains.
Section 3. Section 
58-9-302
 is amended to read:
58-9-302.
Qualifications for licensure.
(1) Each applicant for licensure as a funeral service director shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a first or second degree felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a
funeral service director is considered by the division and the board to indicate that the best
interests of the public are not served by granting the applicant a license;
(d) have obtained a high school diploma or its equivalent or a higher education degree;
(e) have obtained an associate degree, or its equivalent, in mortuary science from a
school of funeral service accredited by the American Board of Funeral Service Education or
other accrediting body recognized by the U.S. Department of Education;
(f) have completed not less than 2,000 hours and 50 embalmings, over a period of not
less than one year, of satisfactory performance in training as a licensed funeral service intern
under the supervision of a licensed funeral service director; and
(g) obtain a passing score on examinations approved by the division in collaboration
with the board.
(2) Each applicant for licensure as a funeral service intern shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a first or second degree felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a
funeral service intern is considered by the division and the board to indicate that the best
interests of the public are not served by granting the applicant a license;
(d) have obtained a high school diploma or its equivalent or a higher education degree;
and
(e) obtain a passing score on an examination approved by the division in collaboration
with the board.
(3) Each applicant for licensure as a funeral service establishment and each funeral
service establishment licensee shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) have in place:
(i) an embalming room for preparing dead human bodies for burial or final disposition,
which may serve one or more facilities operated by the applicant;
(ii) a refrigeration room that maintains a temperature of not more than 40 degrees
fahrenheit for preserving dead human bodies prior to burial or final disposition, which may
serve one or more facilities operated by the applicant; and
(iii) maintain at all times a licensed funeral service director who is responsible for the
day-to-day operation of the funeral service establishment and who is personally available to
perform the services for which the license is required;
(d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service
director if the funeral service establishment sells preneed funeral arrangements;
(e) file with the completed application a copy of each form of contract or agreement the
applicant will use in the sale of preneed funeral arrangements; [
and
]
(f) provide evidence of appropriate licensure with the Insurance Department if the
applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
in part by an insurance policy or product to be sold by the provider or the provider's sales
agent[
.
]
; and
(g) if the applicant intends to offer alkaline hydrolysis in a funeral service
establishment, provide evidence that in accordance with rules made by the division in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) the funeral service establishment meets the minimum standards for the handling,
holding, and processing of deceased human remains in a safe, clean, private, and respectful
manner; and
(ii) all operators of the alkaline hydrolysis equipment have received adequate training.
(4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a first or second degree felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a
preneed funeral sales agent is considered by the division and the board to indicate that the best
interests of the public are not served by granting the applicant a license;
(d) have obtained a high school diploma or its equivalent or a higher education degree;
(e) have obtained a passing score on an examination approved by the division in
collaboration with the board;
(f) affiliate with a licensed funeral service establishment; and
(g) provide evidence of appropriate licensure with the Insurance Department if the
applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
in part by an insurance policy or product.
Section 4. Section 
58-9-601
 is amended to read:
58-9-601.
Advance directions.
(1) A person may provide written directions, acknowledged before a notary public or
executed with the same formalities required of a will under Section 
75-2-502
, to direct the
preparation, type, and place of the person's disposition, including:
(a) designating a funeral service establishment;
(b) providing directions for burial arrangements; [
or
]
(c) providing directions for cremation arrangements[
.
]
; or
(d) providing directions for alkaline hydrolysis arrangements.
(2) A funeral service director shall carry out the written directions of the decedent
prepared under this section to the extent that:
(a) the directions are lawful; and
(b) the decedent has provided resources to carry out the directions.
(3) Directions for disposition contained in a will shall be carried out pursuant to
Subsection (2) regardless of:
(a) the validity of other aspects of the will; or
(b) the fact that the will may not be offered or admitted to probate until a later date.
(4) A person may change or cancel written directions prepared under this section at any
time prior to the person's death by providing written notice to all applicable persons, including:
(a) if the written directions designate a funeral service establishment or funeral service
director, the funeral service establishment or funeral service director designated in the written
directions; and
(b) if the written directions are contained in a will, the personal representative as
defined in Section 
75-1-201
.
Section 5. Section 
58-9-606
 is amended to read:
58-9-606.
Right to rely -- Immunity.
(1) A person signing a funeral service agreement, cremation authorization form,
alkaline hydrolysis authorization form,
 or other authorization for a decedent's disposition
warrants the truthfulness of the facts set forth in the document, including the identity of the
decedent and the person's authority to order the disposition.
(2) A funeral service establishment has the right to rely on a contract or authorization
executed under Subsection (1) and may carry out the instructions of the person whom its
funeral service director reasonably believes holds the right of disposition.
(3) A funeral service director incurs no civil or criminal liability for failure to contact
or independently investigate the existence of any next-of-kin or relative of the decedent.
(4) If there are at least two persons in the nearest class of the next-of-kin who are equal
in priority and a funeral service director has no knowledge of an objection by other members of
the class, the funeral service director may rely on and act according to the instructions of the
first person in the class to make funeral and disposition arrangements.
(5) A funeral service establishment or funeral service director who relies in good faith
on the instructions of a person claiming the right of disposition under this part is immune from
civil and criminal liability and disciplinary action in carrying out the disposition of a decedent's
remains in accordance with that person's instructions.
Section 6. Section 
58-9-611
 is amended to read:
58-9-611.
Disposition of cremated remains.
(1) (a) An authorizing agent shall provide the person with whom cremation
arrangements are made with a signed statement specifying the final disposition of the cremated
remains, if known.
(b) The funeral services establishment shall retain a copy of the statement.
(2) (a) The authorizing agent is responsible for the disposition of the cremated remains.
(b) If the authorizing agent or the agent's representative has not specified the ultimate
disposition of or claimed the cremated remains within 60 days from the date of the cremation,
the funeral service establishment may dispose of the remains in any manner permitted by law,
except scattering.
(c) The authorizing agent shall reimburse the funeral services establishment for all
reasonable costs incurred in disposing of the cremated remains under Subsection (2)(b).
(d) The person or entity disposing of cremated remains under this section:
(i) shall make and keep a record of the disposition of the remains; and
(ii) is discharged from any legal obligation or liability concerning the remains once the
disposition has been made.
(e) Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeral
services establishment or other responsible party as of May 5, 2008, or any time after that date.
(3) (a) An authorizing agent may direct a funeral service establishment to dispose of or
arrange for the disposition of cremated remains:
(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii) by scattering [
them over inhabited
] 
the cremated remains over uninhabited
 public
land, the sea, or other public waterways subject to health and environmental laws and
regulations; or
(iii) in any manner on the private property of a consenting owner.
(b) If cremated remains are to be disposed of on private property, other than dedicated
cemetery property, the authorizing agent shall provide the funeral service establishment with
the written consent of the property owner prior to disposal of the remains.
(c) In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remains
must be reduced to a particle size of one-eighth inch or less and removed from their closed
container.
(4) A funeral service establishment may not release cremated remains for scattering
under this section to the authorizing agent or the agent's designated representative until the
funeral service establishment is given a receipt that shows the proper filing has been made with
the local registrar of births and deaths.
Section 7. Section 
58-9-613
 is enacted to read:
 58-9-613.
Authorization for alkaline hydrolysis -- Penalties for removal of items
from human remains.
(1) Except as otherwise provided in this section, a funeral service establishment may
not perform alkaline hydrolysis on human remains until the funeral service establishment has
received:
(a) an alkaline hydrolysis authorization form signed by an authorizing agent;
(b) a completed and executed burial transit permit or similar document, as provided by
state law, indicating that disposition of the human remains is to be by alkaline hydrolysis; and
(c) any other documentation required by the state, county, or municipality.
(2) (a) The alkaline hydrolysis authorization form shall contain, at a minimum, the
following information:
(i) the identity of the human remains and the time and date of death, including a signed
declaration of visual identification of the deceased or refusal to visually identify the deceased;
(ii) the name of the funeral director and funeral service establishment that obtained the
alkaline hydrolysis authorization;
(iii) notification as to whether the death occurred from a disease declared by the
Department of Health to be infectious, contagious, communicable, or dangerous to the public
health;
(iv) the name of the authorizing agent and the relationship between the authorizing
agent and the decedent;
(v) a representation that the authorizing agent has the right to authorize the disposition
of the decedent by alkaline hydrolysis and that the authorizing agent is not aware of any living
person with a superior or equal priority right to that of the authorizing agent, except that if
there is another living person with a superior or equal priority right, the alkaline hydrolysis
authorization form shall contain a representation that the authorizing agent has:
(A) made reasonable efforts to contact that person;
(B) been unable to do so; and
(C) no reason to believe that the person would object to the disposition of the decedent
by alkaline hydrolysis;
(vi) authorization for the funeral service establishment to use alkaline hydrolysis for
the disposition of the human remains;
(vii) the name of the person authorized to receive the human remains from the funeral
service establishment;
(viii) the manner in which the final disposition of the human remains is to take place, if
known;
(ix) a listing of each item of value to be delivered to the funeral service establishment
along with the human remains, and instructions as to how each item should be handled;
(x) the signature of the authorizing agent, attesting to the accuracy of all
representations contained on the alkaline hydrolysis authorization form;
(xi) if the alkaline hydrolysis authorization form is being executed on a preneed basis,
the disclosure required for preneed programs under this chapter; and
(xii) except for a preneed alkaline hydrolysis authorization, the signature of the funeral
director of the funeral service establishment that obtained the alkaline hydrolysis authorization.
(b) (i) The person referred to in Subsection (2)(a)(xii) shall execute the alkaline
hydrolysis authorization form as a witness and is not responsible for any of the representations
made by the authorizing agent.
(ii) The funeral director or the funeral service establishment shall warrant that the
human remains delivered to the funeral service establishment have been positively identified by
the authorizing agent or a designated representative of the authorizing agent as the decedent
listed on the alkaline hydrolysis authorization form.
(iii) The authorizing agent or the agent's designee may make the identification referred
to in Subsection (2)(b)(ii) in person or by photograph.
(3) (a) A funeral service establishment may not accept unidentified human remains for
alkaline hydrolysis.
(b) If a funeral service establishment takes custody of an alkaline hydrolysis container
subsequent to the human remains being placed within the container, the funeral service
establishment can rely on the identification made before the remains were placed in the
container.
(c) The funeral service establishment shall place appropriate identification on the
exterior of the alkaline hydrolysis container based on the prior identification.
(4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos
from human remains:
(i) with purpose to deprive another over control of the property is guilty of an offense
and subject to the punishments provided in Section 
76-6-412
;
(ii) with purpose to exercise unauthorized control and with intent to temporarily
deprive another of control over the property is guilty of an offense and subject to the
punishments provided in Section 
76-6-404.5
; and
(iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
specific written permission of the individual who has the right to control those remains is guilty
of a class B misdemeanor.
(b) The fact that residue or any unavoidable dental gold or dental silver or other
precious metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline
hydrolysis process is not a violation of Subsection (4)(a).
Section 8. Section 
58-9-614
 is enacted to read:
 58-9-614.
Recordkeeping.
(1) (a) A funeral service establishment shall furnish to the person who delivers human
remains to the establishment for alkaline hydrolysis a receipt signed by a representative of the
establishment and the person making the delivery, showing:
(i) the date and time of the delivery;
(ii) the type of casket or alternative container delivered;
(iii) the name of the person from whom the human remains were received;
(iv) the name of the funeral establishment or other entity with whom the person making
the delivery is affiliated;
(v) the name of the person who received the human remains on behalf of the funeral
service establishment; and
(vi) the name of the decedent.
(b) The funeral service establishment shall keep a copy of the receipt in the funeral
service establishment's permanent records for a period of seven years.
(2) (a) Upon release of human remains after alkaline hydrolysis, a funeral service
establishment shall furnish to the person who receives the human remains a receipt signed by a
representative of the funeral service establishment and the person who receives the human
remains, showing:
(i) the date and time of the release;
(ii) the name of the person to whom the human remains were released; and
(iii) if applicable:
(A) the name of the funeral establishment, cemetery, or other entity with whom the
person receiving the human remains is affiliated;
(B) the name of the person who released the human remains on behalf of the funeral
service establishment; and
(C) the name of the decedent.
(b) (i) The receipt shall contain a representation from the person receiving the human
remains confirming that the remains will not be used for any improper purpose.
(ii) Upon release of the human remains, the person to whom the human remains were
released may transport the human remains in any manner in the state, without a permit, and
dispose of the human remains in accordance with this chapter.
(c) The funeral service establishment shall retain a copy of the receipt in the funeral
service establishment's permanent records for a period of seven years.
(3) (a) The funeral service establishment shall maintain at the funeral service
establishment's place of business a permanent record of each disposition by alkaline hydrolysis
that took place at the funeral service establishment.
(b) The permanent record shall contain:
(i) the name of the decedent;
(ii) the date of disposition by alkaline hydrolysis;
(iii) the final disposition of the human remains; and
(iv) any other document required by this chapter.
Section 9. Section 
58-9-615
 is enacted to read:
 58-9-615.
Accepting remains for alkaline hydrolysis.
(1) A funeral service establishment may not make or enforce a rule requiring that
human remains be placed in a casket before alkaline hydrolysis.
(2) A funeral service establishment may not refuse to accept human remains for
alkaline hydrolysis because the human remains are not in a casket.
Section 10. Section 
58-9-616
 is enacted to read:
 58-9-616.
Procedure for alkaline hydrolysis.
(1) A funeral service establishment may not perform alkaline hydrolysis on human
remains until the funeral service establishment:
(a) completes and files a death certificate with the Office of Vital Statistics and the
county health department as indicated on the regular medical certificate of death or the
coroner's certificate; and
(b) complies with the provisions of Section 
26-4-29
.
(2) While human remains are in the area where alkaline hydrolysis takes place, both
before and during the alkaline hydrolysis process and while being removed from the alkaline
hydrolysis chamber, only authorized persons are permitted in the area.
(3) Simultaneous alkaline hydrolysis of the human remains of more than one person
within the same alkaline hydrolysis chamber is not allowed.
(4) A funeral service establishment shall:
(a) verify the identification of human remains as indicated on an alkaline hydrolysis
container immediately before performing alkaline hydrolysis;
(b) attach an identification tag to the alkaline hydrolysis container;
(c) remove the identification tag from the alkaline hydrolysis container; and
(d) place the identification tag near the alkaline hydrolysis chamber where the
identification tag shall remain until the alkaline hydrolysis process is complete.
(5) Upon completion of the alkaline hydrolysis process, the funeral service
establishment shall:
(a) dispose of liquid remains in accordance with state and local requirements;
(b) to the extent possible, remove all of the recoverable residue of the remains of the
alkaline hydrolysis process from the alkaline hydrolysis chamber;
(c) separate all other residue from the alkaline hydrolysis process from remaining bone
fragments, to the extent possible, and process the bone fragments so as to reduce them to
unidentifiable particles; and
(d) remove anything other than the unidentifiable bone particles from the remains of
the alkaline hydrolysis process, to the extent possible, and dispose of that material.
(6) (a) A funeral service establishment shall pack the remains of the alkaline hydrolysis
process, which consist of the unidentifiable bone particles and the identification tag described
in Subsection (4), in an urn or temporary container ordered by the authorizing agent.
(b) The urn or temporary container shall be packed in clean packing materials and not
be contaminated with any other object, unless otherwise directed by the authorizing agent.
(c) If the remains of the alkaline hydrolysis process cannot fit within the designated urn
or temporary container, the funeral service establishment shall:
(i) return the excess remains to the authorizing agent or the agent's representative in a
separate urn or temporary container; and
(ii) mark both urns or temporary containers on the outside with the name of the
decedent and an indication that the remains of the named decedent are in both urns or
temporary containers.
(7) (a) If the remains are to be shipped, the funeral service establishment shall pack the
designated temporary container or urn in a suitable, sturdy container.
(b) The funeral service establishment shall have the remains shipped only by a method
that:
(i) has an available tracking system; and
(ii) provides a receipt signed by the person accepting delivery.
Section 11. Section 
58-9-617
 is enacted to read:
 58-9-617.
Final disposition of remains from the alkaline hydrolysis process.
(1) (a) An authorizing agent shall provide the person with whom alkaline hydrolysis
arrangements are made with a signed statement specifying the final disposition of the remains
from the alkaline hydrolysis process, if known.
(b) The funeral service establishment shall retain a copy of the statement.
(2) (a) The authorizing agent is responsible for the final disposition of the remains
from the alkaline hydrolysis process.
(b) If the authorizing agent or the agent's representative has not specified the ultimate
disposition of or claimed the remains from the alkaline hydrolysis process within 60 days from
the date of the alkaline hydrolysis process, the funeral service establishment may dispose of the
remains in any manner permitted by law, except scattering.
(c) The authorizing agent shall reimburse the funeral service establishment for all
reasonable costs incurred in disposing of the remains from the alkaline hydrolysis process
under Subsection (2)(b).
(d) The person or entity disposing of remains from the alkaline hydrolysis process
under this section:
(i) shall make and keep a record of the final disposition of the remains; and
(ii) is discharged from any legal obligation or liability concerning the remains once the
final disposition has been made.
(3) (a) An authorizing agent may direct a funeral service establishment to dispose of or
arrange for the final disposition of remains from the alkaline hydrolysis process:
(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii) by scattering the remains over uninhabited public land, the sea, or other public
waterways subject to health and environmental laws and regulations; or
(iii) in any manner on the private property of a consenting owner.
(b) If remains from the alkaline hydrolysis process are to be disposed of on private
property, other than dedicated cemetery property, the authorizing agent shall provide the
funeral service establishment with the written consent of the property owner before disposal of
the remains.
(c) In order to scatter remains from the alkaline hydrolysis process under Subsection
(3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and
removed from the remains' closed container.
(4) Under this section, a funeral service establishment may not release remains from
the alkaline hydrolysis process to the authorizing agent or the agent's designated representative
for scattering until the funeral service establishment is given a receipt that shows the proper
filing has been made with the local registrar of births and deaths.
Section 12. Section 
58-9-618
 is enacted to read:
 58-9-618.
Limitation of liability.
(1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants
the truthfulness of the facts set forth on the form, including:
(a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis
process; and
(b) the authorizing agent's authority to order the alkaline hydrolysis process.
(2) A funeral service establishment may rely upon the representations made by an
authorizing agent under Subsection (1).
(3) The authorizing agent is personally and individually liable for all damage resulting
from a misstatement or misrepresentation made under Subsection (1).
(4) (a) A funeral service establishment may arrange for the alkaline hydrolysis process
upon receipt of an alkaline hydrolysis authorization form signed by an authorizing agent.
(b) A funeral service establishment that arranges the alkaline hydrolysis process or
releases or disposes of human remains from the alkaline hydrolysis process pursuant to an
alkaline hydrolysis authorization form is not liable for an action the funeral service
establishment takes pursuant to that authorization.
(5) A funeral service establishment is not responsible or liable for any valuables
delivered to the establishment with human remains.
(6) A funeral service establishment may refuse to arrange for the alkaline hydrolysis
process of a decedent, to accept human remains for the alkaline hydrolysis process, or to
perform the alkaline hydrolysis process:
(a) if the establishment is aware of a dispute concerning the disposition of the human
remains and the funeral service establishment has not received a court order or other suitable
confirmation that the dispute has been resolved;
(b) if the establishment has a reasonable basis for questioning any of the
representations made by an authorizing agent; or
(c) for any other lawful reason.
(7) (a) If a funeral service establishment is aware of a dispute concerning the release or
disposition of remains from the alkaline hydrolysis process in the funeral service
establishment's possession, the establishment may refuse to release the remains until:
(i) the dispute has been resolved; or
(ii) the funeral service establishment has received a court order authorizing the release
or disposition of the remains.
(b) A funeral service establishment is not liable for its refusal to release or dispose of
remains from the alkaline hydrolysis process in accordance with this Subsection (7).