Title 34, PUBLIC HEALTH AND SAFETY

Upon accepting for cremation a body that has been embalmed, a crematory shall place the body in a holding facility, until the time of cremation. Upon accepting for cremation a body that has not been embalmed, a crematory may place the body: (1) In a refrigerated facility, until t…

The crematory shall have procedures in place to provide for the identification and continuous tracking of human remains throughout the cremation process and until the remains are released. Source: SL 1988, ch 283 , § 19; SL 2023, ch 129 , § 17.

Upon completion of a cremation, crematory personnel shall remove, from the cremation chamber, all recoverable cremation residue. Crematory personnel shall place the cremated remains into an urn, if so directed in the authorization to cremate form. If no directives are included in…

A crematory that removes recyclable material from the cremation residue, in accordance with the authorization to cremate form, may deliver the material for recycling. Source: SL 2023, ch 129 , § 15.

Upon completion of a cremation, crematory personnel shall prepare a record of the cremation, and include the name of the decedent and the date and time of the cremation. The crematory shall retain the record required by this section in accordance with the record retention provisi…

Upon completion of a cremation, the crematory shall file the burial permit with the local registrar of vital records, pursuant to § 34-25-24 . Source: SL 2023, ch 129 , § 20.

Whenever a crematory releases cremated remains, crematory personnel shall complete a receipt that includes: (1) The name of the decedent; (2) The name of the person to whom the cremated remains were released; (3) The date and time of the release; (4) The name of the crematory emp…

Any crematory shipping cremated remains shall use a mail or delivery service that provides package tracking and requires an authorized signature upon delivery to the recipient's address. A crematory may not be held liable for the loss or misplacement of any cremated remains after…

Each crematory shall follow the directives in the authorization to cremate form regarding the disposition of the cremated remains. If the cremated remains are not claimed and if no other arrangements have been made within sixty days after the date of the cremation, the crematory …

Any record required in accordance with this chapter: (1) Must be retained by the crematory for a period of at least seven years; and (2) May be inspected by the State Board of Funeral Service, during regular business hours. Source: SL 2023, ch 129 , § 24.

The operation of any crematory in this state, other than a medical facility crematory, must at all times be under the direction and supervision of a person who: (1) Is licensed as a funeral director, in accordance with chapter 36-19 ; and (2) Has successfully completed a cremator…

A crematory may refuse to accept a decedent for or perform a cremation if: (1) It is aware of any dispute concerning the cremation; (2) It has reasonable grounds to question any representation made in the authorization to cremate form; or (3) It has any other lawful reason. A cre…

A crematory may refuse to release or dispose of cremated remains if it is aware of any dispute concerning the release or disposition of the remains. A crematory shall release or dispose of the cremated remains upon receiving an order from a court directing the activity or upon re…

The State Board of Funeral Service shall promulgate rules, in accordance with chapter 1-26 , to establish: (1) Standards for crematory sanitation; (2) Standards for refrigeration; (3) Standards for equipment; and (4) Fire protection requirements. Source: SL 1988, ch 283 , § 33; S…

It is a Class 1 misdemeanor to: (1) Operate a crematory that is not licensed in accordance with this chapter; (2) Perform a cremation without first obtaining a completed and signed authorization to cremate form; or (3) Sign an authorization to cremate form with the knowledge that…

If a cremation is provided for in a pre - need contract, the contract must include provisions for the disposition of the cremated remains. Those provisions must be initialed by the individual for or by whom the arrangements are being made. Source: SL 1988, ch 283 , § 37; SL 2023,…

Notwithstanding § 34-26-75 , a person may enter into a pre - need contract to authorize the person's cremation and the disposition of their cremated remains. This authorization must be signed by the person and two witnesses. A contract entered into in accordance with this section…

Each crematory in this state must be licensed by the State Board of Funeral Service. To obtain licensure for a crematory, a person must: (1) Submit an application to the board, at the time and in the manner required by the board; (2) Identify, on the application, all certified cr…

Licensure as a crematory, issued in accordance with § 34-26A-4.1 , expires one year after the date of issuance and must be renewed annually, at the time and in the manner determined by the State Board of Funeral Service. The board may inspect any crematory, during regular busines…

A crematory that, in good faith, cremates and disposes of the cremated remains, in accordance with any directives contained in a pre - need contract authorizing the cremation, is immune from liability. Source: SL 1988, ch 283 , § 40; SL 2023, ch 129 , § 32.

Whenever there is a change in the ownership of a licensed crematory, a representative of the crematory shall report the change to the board, within thirty days. Source: SL 2023, ch 129 , § 31.

The State Board of Funeral Service may, after notice and a hearing, suspend or revoke licensure issued in accordance with § 34-26A-4.1 . The board shall promulgate rules, in accordance with chapter 1-26 , to establish the grounds for suspension or revocation of the licensure. Sou…

A form authorizing cremation must: (1) Contain the decedent's name and the manner in which the decedent's identity was verified; (2) Contain the name of the crematory and the person accepting the authorization to cremate on behalf of the crematory; (3) Indicate the auspices under…

If the person who signs an authorization to cremate, in accordance with § 34-26A-6.1 , is aware of a pre-need contract that the decedent has entered into, the signer shall, to the extent possible, follow the decedent's directives. Source: SL 2023, ch 129 , § 10.

No funeral home or crematory, or any employee of either is required to verify the information provided in the form authorizing cremation, as set forth in § 34-26A-6.1 , and no funeral home or crematory, or any employee of either may be held liable for any act or omission in relia…

If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75 , is not physically present to execute the form authorizing cremation, the person may delegate that authority to another. Once a crematory has received written notice of a de…

Whenever a decedent is delivered to a crematory for cremation, crematory personnel shall complete a receipt that includes: (1) The name of the decedent; (2) The name and employer of the person who delivered the decedent to the crematory; (3) The date and time of the delivery; (4)…