KANSAS STATUTES AND CODES

65-1760. Definitions.

65-1760

Chapter 65.--PUBLIC HEALTH Article 17.--REGULATION OF EMBALMERS AND FUNERAL DIRECTORS; FUNERAL ESTABLISHMENTS

65-1760. Definitions.As used in this act, unless the context clearly showsotherwise:

(a) "Alternative container" means a receptacle, other than a casket, in whichdead human bodies are transported to the crematory and placed in the cremationchamber for cremation. An alternative container shall be (1) composed ofreadily combustible materials suitable for cremation, (2) able to be closed inorder to provide a complete covering for the dead human bodies, (3) resistanttoleakage or spillage, (4) rigid enough for handling with ease, and (5) able toprovide protection for the health, safety and personal integrity of crematorypersonnel.

(b) "Authorizing agent" means a person legally entitled to authorize thecremation and final disposition of specific dead human bodies as defined inK.S.A.65-1734, and amendments thereto.

(d) "Cremated remains" means all human remains recovered after the completionof the cremation of a dead human body, which may possibly include the residueof any foreign matterincluding casket material, bridgework or eyeglasses, that was cremated with thedead human body.

(e) "Cremation" means the reduction of a dead human body to essentialelements through direct exposure to intense heat and flame and therepositioning or movement of the body during the process to facilitatereduction, the processing of the cremated remains after removal from thecremationchamber, placement of the processed remains in a cremated remains container andrelease of the cremated remains to an appropriate party.

(f) "Cremation chamber" means the enclosed space within which the cremationof a dead human body is performed. Such chambers shall be used exclusively forthe cremation of human remains.

(g) "Crematory" means a business premises that houses the cremation chamberand holding facility where dead human bodies are cremated. A crematory shall bemaintained at a fixed and specific street address.

(h) "Crematory operator in charge" means the crematory operator who isresponsible to ensure that the crematory's license is current and that thelicensed crematory is in compliance with the laws and regulations of thisstate. Nothing in this definition shall relieve other persons involved with acremation from complying with state and federal laws and regulations.

(i) "Dead human body" means a lifeless human body or such parts of a humanbody or the bones thereof from the state of which it reasonably may beconcluded that death recently occurred.

(j) "Funeral director" means a person who holds a current license as afuneral director issued by the board.

(k) "Funeral establishment" means a funeral establishment or branchestablishment as licensed by the board.

(l) "Holding facility" means an area within or adjacent to a licensedcrematory designated for the retention of dead human bodies prior to the act ofcremation that shall:

(1) Comply with any applicable public health statute, regulation orordinance;

(2) preserve the dignity of the dead human body;

(3) recognize the integrity, health and safety of the crematory'spersonnel operating the crematory; and

(4) be secure from access by anyone other than authorized personnel.

(m) "Potentially hazardous implant" means any device previously placed withinthe now deceased human body that would result in potential harm or damage atany timeduring the cremation process.

(n) "Temporary container" means a receptacle for cremated remains, usuallycomposed of cardboard, plastic or similar material, that can be closed in amanner that prevents the leakage or spillage of the cremated remains or theentrance of foreign material, and is a single container of sufficient size tohold the cremated remains.

(o) "Urn" means a receptacle designed to encase the cremated remains.

History: L. 2001, ch. 183, § 1; Jan. 1, 2002.