[As Further Amended by Senate Committee of the Whole]

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          As Amended by Senate Committee          

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Session of 2000
          SENATE BILL No. 557           By Committee on Public Health and Welfare           2-2          

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11             AN  ACT relating to the Kansas state board of mortuary arts; regulating
12             crematories; amending K.S.A. 65-1723 and 65-1732 and K.S.A. 1999
13             Supp. 65-1727 and repealing the existing sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. (a) Any person doing business, or any cemetery, fu-
17       neral establishment or branch establishment, corporation, partnership,
18       joint venture, voluntary organization or any other entity if licensed under
19       the authority of this act may erect, maintain and conduct a crematory and
20       provide the necessary appliances and facilities for the cremation of human
21       remains in accordance with the provisions of this act. Each crematory
22       shall be under the personal supervision of a licensed funeral direc-
23       tor or embalmer except such provision shall not apply to any cem-
24       etery owned crematory in existence on or before July 1, 2000.
25             (b) A crematory authority shall be subject to all local, state and federal
26       health and environment protection requirements and shall obtain all nec-
27       essary licenses from the state board of mortuary arts.
28             (c) A crematory may be constructed on or adjacent to any cemetery,
29       in or adjacent to any funeral establishment or branch establishment or at
30       any other location consistent with local zoning regulations or state laws.
31             (d) All applications for licensure as a crematory authority shall be on
32       forms furnished and prescribed by the state board of mortuary arts.
33             (e) Applications for crematory authorities in existence prior to the
34       effective date of this act shall be provided to the state board of mortuary
35       arts with the following information:
36             (1) The full name and address, both residence and business, of the
37       applicant, if the applicant is an individual, the full name and address of
38       every member and the business, if the applicant is a partnership, the full
39       name and address of every member of the board of directors and the
40       business, if the applicant is an association, and the name and address of
41       every officer and director, if the applicant is a corporation;
42             (2) the address and location of the crematory;

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  1             (3) evidence confirming the date the cremation authority was
  2       established;
  3             (4) a description of the type of structure and equipment being used
  4       in the operation of the crematory;
  5             (5) copies of all current licenses and permits required for a crematory
  6       to operate; and
  7             (6) the name and license number of the funeral home director
  8       or embalmer in charge of the crematory; and
  9             (6) (7) Many further information that the state board of mortuary arts
10       reasonably may require.
11             (f) Applications for new crematory authorities shall be submitted in
12       writing on forms provided by the state board of mortuary arts and shall
13       contain the following:
14             (1) The full name and address, both residence and business, of the
15       applicant, if the applicant is an individual, the full name and address of
16       every member and the business, if the applicant is a partnership, the full
17       name and address of every member of the board of directors and the
18       business, if the applicant is an association, and the name and address of
19       every officer and director, if the applicant is a corporation;
20             (2) The address and location of the crematory;
21             (3) a description of the type of structure and equipment to be used
22       in the operation of the crematory;
23             (4) copies of all applications for and any licenses or permits issued
24       for a crematory to operate; and
25             (5) the name and license number of the funeral director or em-
26       balmer in charge of the crematory; and
27             (5) (6) any further information that the state board of mortuary arts
28       reasonably may require.
29             (g) Each crematory authority shall submit a biennial renewal appli-
30       cation and report with the state board of mortuary arts, accompanied with
31       a fee fixed by the state board of mortuary arts under K.S.A. 1999 Supp.
32       65-1727 and amendments thereto and shall be due and paid to the state
33       board of mortuary arts on or before the expiration date of such license.
34       The disposition of all funds collected under the provision of this act shall
35       be in accordance with the provisions of K.S.A. 65-1718 and amendments
36       thereto.
37             (h) Each crematory authority license shall expire every two years on
38       a date established by the state board of mortuary arts by duly adopted
39       rules and regulations.
40             (i) It is unlawful for any person who does not hold a crematory au-
41       thority license to operate, offer to operate, advertise or represent oneself
42       as operating a crematory.
43             New Sec.  2. Except as otherwise provided in this section, a crema-

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  1       tory authority shall not cremate human remains until it has received:
  2             (1) A cremation authorization form signed by an authorizing agent.
  3       The cremation authorization form shall be provided by the crematory
  4       authority and shall contain, at a minimum, the following information:
  5             (A) The identity of the human remains and the time and date of
  6       death;
  7             (B) the name of the funeral director or assistant funeral director and
  8       the funeral establishment or branch establishment or the authorizing au-
  9       thority if self motivated, that obtained the cremation authorization;
10             (C) notification as to whether the death occurred from a disease de-
11       clared by the department of health and environment to be infectious,
12       contagious, communicable or dangerous to the public health;
13             (D) the name of the authorizing agent and the relationship between
14       the authorizing agent and the decedent;
15             (E) authorization for the crematory authority to cremate the human
16       remains;
17             (F) a representation that the human remains do not contain a pace-
18       maker or any other material or implant that may be potentially hazardous
19       or cause damage to the cremation chamber or the person performing the
20       cremation;
21             (G) the name of the person authorized to receive the cremated re-
22       mains from the crematory authority; and
23             (H) the signature of the authorizing agent attesting to the accuracy
24       of all representations contained on the cremation authorization form;
25             (2) a completed and executed coroner's permit to cremate, as pro-
26       vided in K.S.A. 1999 Supp. 65-2426a and amendments thereto, indicating
27       that the human remains are to be cremated.
28             New Sec.  3. (a) No body shall be cremated with a pacemaker or
29       other potentially hazardous implant in place. The authorizing agent for
30       the cremation of the human remains shall be responsible for informing
31       the licensed funeral director, assistant funeral director or embalmer about
32       a pacemaker or other potentially hazardous implant. The authorizing
33       agent shall be ultimately responsible for ensuring that any pacemakers or
34       hazardous implants are removed prior to cremation. Bodies with pace-
35       makers or hazardous implants in the custody of a crematory authority
36       shall have pacemakers or hazardous implants removed by an embalmer
37       at a funeral establishment or branch establishment with an embalming
38       preparation room unless the removal is to take place at a medical facility
39       by the appropriate medical personnel.
40             (b) A crematory authority shall hold human remains, prior to their
41       cremation, according to the following provisions of this subsection:
42             (1) Whenever a crematory authority is unable to cremate the human
43       remains immediately upon taking custody thereof the crematory authority

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  1       shall place the human remains in a refrigeration facility at 40 degrees
  2       fahrenheit or less, unless the human remains have been embalmed or
  3       store the human remains which shall be placed in a cremation container
  4       at a funeral establishment or branch establishment that is inspected by
  5       the state board of mortuary arts; and
  6             (2) a crematory authority shall not be required to accept for holding
  7       a cremation container from which there is any evidence of leakage of
  8       body fluids from the human remains therein.
  9             (c) No unauthorized person shall be permitted in the crematory area
10       while any human remains are in the crematory area awaiting cremation,
11       being cremated or being removed from the cremation chamber.
12             (d) The unauthorized simultaneous cremation of human remains of
13       more than one adult person within the same cremation chamber is not
14       allowed or usually possible but it will never be performed even if possible
15       unless the crematory authority shall have received specific written au-
16       thorization to do so from all authorizing agents for the human remains to
17       be so cremated. The simultaneous cremation of the human remains of
18       one adult and one or more children will not be performed unless the
19       crematory authority shall have received specific written authorization to
20       do so from all authorizing agents for the human remains to be so cre-
21       mated. A written authorization shall exempt the crematory authority from
22       all liability for commingling of the product during the cremation process.
23             (e) Immediately prior to being placed within the cremation chamber
24       the identification of the human remains as indicated on the cremation
25       container shall be verified by the crematory authority and the identifi-
26       cation shall be removed from the cremation container and placed near
27       the cremation chamber control panel where it shall remain in place until
28       the cremation process is complete.
29             (f) Upon completion of the cremation and in so far as is possible all
30       of the recoverable residue of the cremation process shall be removed
31       from the cremation chamber. Insofar as possible all residual of the cre-
32       mation process shall then be separate from anything other than bone
33       fragments and then be processed so as to reduce them to an unidentifiable
34       particle. Anything other than the particles shall be removed from the
35       cremated residuals as far as possible and shall be disposed of by the
36       crematory authority.
37             (g) Cremated remains shall be packed according to the following pro-
38       visions of this subsection:
39             (1) The cremated remains with proper identification shall be placed
40       in a temporary container or urn. The temporary container or urn contents
41       shall be packed in clean packing materials and not be contaminated with
42       any other object unless specific written authorization has been received
43       from the authorizing agent or as provided in subsection (2) of this part;

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  1             (2) if the cremated remains will not fit within the dimensions of a
  2       temporary container or urn, the remainder of the cremated remains shall
  3       be returned to the authorizing agent or its representative in a separate
  4       container attached together with the first container or urn with both being
  5       marked as being together;
  6             (3) when a temporary container is used to return the cremated re-
  7       mains that container shall be placed in a suitable box and all box seams
  8       taped closed to increase the security and integrity of that container. The
  9       outside of the container shall be clearly identified with the name of the
10       cremation authority and an indication the container is a temporary con-
11       tainer; and
12             (4) if the cremated remains are to be shipped the temporary con-
13       tainer or designated receptacle ordered by the authorizing agent shall be
14       packed securely in a suitable and sturdy container which is not fragile and
15       is sealed properly. Cremated remains shall be shipped only by a method
16       which has an internal tracing system available and which provides a re-
17       ceipt signed by the person accepting delivery.
18             New Sec.  4. (a) Any person signing a cremation authorization form
19       as an authorizing agent shall be deemed to warrant the truthfulness of
20       any facts set forth in the cremation authorization form including the iden-
21       tity of the deceased whose remains are sought to be cremated and that
22       person's authority to order such cremation. Any person signing a cre-
23       mation authorization form as an authorizing agent shall be personally and
24       individually liable for all damage occasioned thereby and all damage oc-
25       casioned thereby and resulting therefrom. A crematory authority and a
26       funeral director may rely upon the representations of the authorizing
27       agent in the cremation authorization form.
28             (b) A funeral director or assistant funeral director shall have the au-
29       thority to arrange the cremation of human remains upon the receipt of a
30       cremation authorization form signed by an authorizing agent. A crematory
31       authority shall have authority to cremate human remains upon the receipt
32       of a cremation authorization form signed by an authorizing agent. There
33       shall be no liability for a funeral director, assistant funeral director or
34       crematory authority that pursuant to such authorization arranges a cre-
35       mation, cremates human remains pursuant to such authorization or that
36       releases or disposes of the cremated remains pursuant to such
37       authorization.
38             (c) A funeral director or assistant funeral director that refuses to ar-
39       range a cremation and a crematory authority that refuses to accept a body
40       or to perform a cremation shall not be liable for refusing to accept a body
41       or to perform a cremation until they receive a court order or other suitable
42       confirmation that a dispute has been settled if:
43             (1) They are aware of any dispute concerning the cremation of human

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  1       remains; or
  2             (2) they have a reasonable basis for questioning any of the represen-
  3       tations made by the authorizing agent; or
  4             (3) for any other lawful reason.
  5             New Sec.  5. If an authorizing agent informs the funeral director or
  6       assistant funeral director and the cremation authority on the cremation
  7       authorization form of the presence of a pacemaker in the human remains
  8       then the funeral director or assistant funeral director also shall be re-
  9       sponsible for ensuring that all necessary steps have been taken to remove
10       the pacemaker before delivering the human remains to the crematory.
11       Should the funeral director or assistant funeral director who delivers the
12       human remains to the crematory fail to ensure that the pacemaker has
13       been removed from the human remains pursuant to subsection (b) of
14       section 3 and amendments thereto, prior to delivery and should the hu-
15       man remains be cremated with the pacemaker, then the funeral director
16       or assistant funeral director who delivered the human remains to the
17       crematory shall also be liable for all resulting damages along with the
18       authorizing agent.
19             New Sec.  6. (a) The state board of mortuary arts may adopt, prom-
20       ulgate, amend and repeal such reasonable rules and regulations as may
21       be consistent with this act governing the cremation of human beings. Such
22       regulations specifically shall include the conditions under which human
23       remains of persons dying from an infectious, contagious, communicable
24       or dangerous disease can be transported from any portion of the state to
25       a crematory for the purpose of cremation and minimal standards of san-
26       itation, required equipment and fire protection for all crematories which
27       the state board of mortuary arts may deem necessary for the protection
28       of the public.
29             (b) A crematory authority may enact reasonable rules and regulations
30       not inconsistent with this act for the management and operation of a
31       crematory, the types of cremation containers it will accept, authorization
32       forms required, witnesses to a cremation and similar provisions. Nothing
33       in this provision shall prevent a crematory authority from enacting rules
34       and regulations which are more stringent than the provision contained in
35       this act.
36             (c) Denial, suspension or revocation of license or censure of a li-
37       censee shall be based on the following violations of this act as follows:
38             (1) Maintenance or operation of a building or structure within the
39       state of Kansas as a crematory in violation of the provisions of this act or
40       the rules and regulations of the state board of mortuary arts adopted
41       pursuant thereto is hereby declared to be a public nuisance and may be
42       abated as such as provided by law;
43             (2) holding oneself out to the public as a crematory authority without

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  1       being licensed under this act or performing a cremation without a cre-
  2       mation authorization form signed by an authorizing agent is hereby de-
  3       clared to be a class A nonperson misdemeanor;
  4             (3) signing a cremation authorization form with the actual knowledge
  5       that the form contains false or incorrect information is hereby declared
  6       to be a class A nonperson misdemeanor; or
  7             (4) a violation of any other provision of this act is hereby declared to
  8       be a class A nonperson misdemeanor.
  9             New Sec.  7. (a) This act shall be construed and interpreted as a com-
10       prehensive cremation statute and the provisions of this act shall take prec-
11       edence over any existing laws that govern dead human bodies and human
12       remains that do not specifically address cremation.
13             (b) A crematory authority shall be permitted to employ a licensed
14       funeral director for the purpose of arranging cremations with the general
15       public, transporting human remains to the crematory and processing all
16       necessary paperwork. No aspect of this provision shall be construed to
17       require a licensed funeral director to perform any functions not otherwise
18       required by law to be performed by a licensed funeral director.
19             Sec.  8. K.S.A. 65-1723 is hereby amended to read as follows: 65-
20       1723. The state board of mortuary arts shall have the power to adopt and
21       enforce all necessary rules and regulations not inconsistent with this act
22       for examining and licensing funeral directors and assistant funeral direc-
23       tors, issuing licenses by reciprocity, establishing ethical standards and
24       practices and regulating the general practice of funeral directing and cre-
25       mation. The board shall have the power to inspect funeral establishments,
26       including branch establishments and crematories, and to require that fu-
27       neral establishments, including branch establishments and crematories,
28       be maintained, operated and kept in a clean and sanitary condition in
29       accordance with the provisions of this act, rules and regulations of the
30       board and the applicable rules and regulations of the secretary of health
31       and environment. If a person applies for a funeral director's license for
32       the purpose of opening a new funeral establishment or branch establish-
33       ment, or for the purpose of operating a funeral establishment or, branch
34       establishment or crematory which has not been heretofore inspected and
35       approved by the board, or if a licensed funeral director makes structural
36       alterations or additions to an existing funeral establishment or, branch
37       establishment or crematory, the board shall have the right to withhold
38       the issuance or renewal of any license until any such funeral establishment
39       or, branch establishment or crematory has been inspected and approved
40       by the board or its representatives. All references herein to ``board'' shall
41       refer to the state board of mortuary arts of the state of Kansas unless
42       otherwise clearly indicated. The board is hereby authorized and empow-
43       ered to do all things necessary and proper in the administration of all the

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  1       provisions of this act. Members of the state board of mortuary arts shall
  2       be allowed the same fees and expenses as are allowed for administering
  3       the embalmers' license law.
  4             Sec.  9. K.S.A. 65-1732 is hereby amended to read as follows: 65-
  5       1732. With respect to the cremation of dead bodies, as such term is
  6       defined in subsection (4) (5) of K.S.A. 1999 Supp. 65-2401 and amend-
  7       ments thereto, if after a period of 120 90 days from the time of cremation
  8       the cremated remains have not been claimed, the funeral establishment
  9       may dispose of the cremated remains: (a) If the funeral establishment has
10       sent by certified mail, return receipt requested, at least 30 days prior to
11       the end of such period of time to the last known address of the responsible
12       person who directed and provided for the method of final disposition of
13       the dead human remains authorizing agent a notice that such remains
14       will be disposed of in accordance with the provisions of this section unless
15       claimed prior to the end of the one-hundred-twenty-day 90-day period
16       of time; and (b) if the remains have not been claimed prior to the end of
17       such period of time. Such disposal shall include burial by placing the
18       remains in a church or cemetery scatter garden or pond, or or placing
19       them in a church columbarium or otherwise disposing of the remains as
20       provided by rule and regulation of the board of mortuary arts; and (c)
21       this disposition may include the commingling of the cremated remains
22       with other cremated remains and thus the cremated remains would not
23       be recoverable.
24             Sec.  10. K.S.A. 1999 Supp. 65-1727 is hereby amended to read as
25       follows: 65-1727. (a) On or before October 15 of each year, the state
26       board of mortuary arts shall determine the amount of funds that will be
27       required during the next ensuing two years to properly administer the
28       laws which the board is directed to enforce and administer under the
29       provisions of article 17 of chapter 65 of the Kansas Statutes Annotated,
30       and acts amendatory of the provisions thereof and supplemental thereto,
31       and by rules and regulations shall fix fees in such reasonable sums as may
32       be necessary for such purposes within the following limitations:

33	Embalmers examination fee, not more than	$200 300
34	Embalmers reciprocity application fee, not more than	300 400
35	Funeral directors examination fee, not more than	200 300
36	Funeral directors reciprocity application fee, not more than	300 400
37	Embalmers/funeral directors reciprocity application fee, not more than	400
38	Assistant funeral directors application fee, not more than	100 200
39	Embalmers license and renewal fee, not more than	150 250
40	Funeral directors license and renewal fee, not more than	250 350
41	Assistant funeral directors license and renewal fee, not more than	200 300
42	Apprentice embalmers registration fee, not more than	100 150
43	Funeral establishment license fee, not more than	500 800

9

1	Branch establishment license fee, not more than	500 800
2	Crematory license fee, not more than	800
3	Funeral establishment/crematory license fee, not more than	1,000
4	Branch establishment/crematory license fee, not more than	1,000
5	Duplicate licenses	20
6	Rulebooks	20
7	Continuing education program sponsor applications	25
8	Continuing education program licensee applications	25

  9       At least 30 days prior to the expiration date of any license issued by the
10       board, the board shall notify the licensee of the applicable renewal fee
11       therefor.
12             (b) The fees established by the board under this section immediately
13       prior to the effective date of this act shall continue in effect until such
14       fees are fixed by the board by rules and regulations as provided in this
15       section.
16             (c) Fees paid to the board are not refundable.
17             New Sec.  11. (a) The individual funeral director or embalmer in
18       charge of a crematory, as defined by section 12 and amendments thereto,
19       located or doing business within the state shall apply for and obtain a
20       crematory license, as appropriate, from the state board of mortuary arts
21       for each location within the state of such crematory.
22             (b) An application for a new license is required if the crematory
23       changes ownership, name or location.
24             (c) The crematory license fee shall be fixed by the state board of
25       mortuary arts under K.S.A. 1999 Supp. 65-1727 and amendments thereto,
26       and shall be due and paid to the state board of mortuary arts on or before
27       the expiration date of such license. The disposition of all funds collected
28       under the provision of this act shall be in accordance with the provisions
29       of K.S.A. 65-1718 and amendments thereto.
30             (d) Each crematory license shall expire every two years on a date
31       established by the state board of mortuary arts by duly adopted rules and
32       regulations.
33             (e) It is unlawful for any person who does not hold a crematory li-
34       cense to operate, offer to operate, advertise or represent oneself as op-
35       erating a crematory.
36             (f) The Kansas university medical center shall be exempt from this
37       statute for the purpose of cremating remains donated for dissecting, dem-
38       onstrating or teaching purposes.
39             New Sec.  12. (a) A ``crematory,'' as the term is used herein, is a
40       business premises that houses the cremation chamber where dead human
41       bodies are cremated. A crematory shall be maintained at a fixed and
42       specific street address. The cremation chamber shall be clearly identified
43       by signs on all entrance doors, shall be separate from any merchandise

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  1       display room, chapel or visitation rooms and shall not be a part of any
  2       living quarters.
  3             New Sec.  13. The state board of mortuary arts shall adopt rules and
  4       regulations for the administration of this act.
  5             New Sec.  14. It shall be unlawful for any officer or agent of any
  6       crematory required to pay the cremation license fee authorized by the
  7       provision of this act to fail, neglect or refuse to pay such fee. Any officer
  8       or agent of such crematory who fails, neglects or refuses to pay such fee
  9       shall be guilty of a class B misdemeanor.
10             New Sec.  15. (a) The following persons in order of priority stated
11       may order any lawful manner of final disposition of a decedent's remains,
12       including burial, cremation, entombment or anatomical donation:
13             (1) The agent for health care decisions established by a durable power
14       of attorney for health care decisions pursuant to K.S.A. 58-625, et seq.,
15       and amendments thereto, if any such power of attorney conveys to the
16       agent the authority to make decisions concerning disposition of the de-
17       ceased's body;
18             (2) the spouse of the decedent; or
19             (3) the decedent's surviving adult children. If there is more than one
20       adult child, any adult child who confirms in writing that the notification
21       of all other adult children do not object may serve as the authorizing
22       agent direct the manner of disposition unless the funeral establish-
23       ment or crematory authority receives written objection to the cremation
24       manner of disposition from another adult child;
25             (4) the decedent's surviving parents;
26             (5) the persons in the next degree of kinship under the laws of de-
27       scent and distribution to inherit the estate of the deceased. If there is
28       more than one person of the same degree any person of that degree may
29       direct the manner of disposition;
30             (6) a guardian of the person of the decedent at the time of such
31       person's death;
32             (7) the personal representative of the deceased; or
33             (8) in accordance with K.S.A. 1999 Supp. 22a-215 and amendments
34       thereto, in the case of indigents or any other individual individuals whose
35       final disposition is the responsibility of the state or county, the public
36       official charged with arranging the final disposition pursuant to
37       K.S.A. 22a-215, and amendments thereto.
38             (b) A funeral director, funeral establishment or crematory shall not
39       be subject to criminal prosecution or civil liability for carrying out the
40       otherwise lawful instructions of the decedent or the person or persons
41       under subsection (a) if the funeral director reasonably believes such per-
42       son is entitled to control final disposition. 
43       Sec.  16. [15.] K.S.A. 65-1723 and 65-1732 and K.S.A. 1999 Supp.

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  1       65-1727 are hereby repealed.
  2        Sec.  17. [16.] This act shall take effect and be in force from and
  3       after January 1, 2001, and its publication in the statute book.