STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
65-1763. Removal of pacemakers and hazardous implants; procedural requirements for holding of and cremation of a dead human body, prohibitions, packaging of cremated remains; simultaneous cremations.
65-1763
65-1763. Removal of pacemakers and hazardousimplants; procedural requirements for holding of and cremation of a dead humanbody, prohibitions, packaging of cremated remains; simultaneouscremations.(a) No body shall be cremated with a pacemaker or otherpotentially hazardous implant in place. The authorizing agent for the cremationof the dead human body shall be responsible for informing the licensed funeraldirector, assistant funeral director, embalmer or crematory operator in chargeabout a known pacemaker or otherpotentially hazardous implant. The authorizing agent shall beresponsible for ensuring that any known pacemaker or hazardous implant isremovedbefore delivery of the dead human body to the crematory. Bodies with pacemakersor hazardous implants in the custody of a crematory operator shall haveany pacemaker or hazardous implant removed by an embalmer at a funeralestablishment or branch establishment with an embalming preparation room unlessthe removal is to take place at a medical facility by the appropriate medicalpersonnel.
(b) A crematory shall hold dead human bodies, prior to their cremation,accordingto the following provisions of this subsection:
(1) Whenever a crematory is unable to cremate the dead human body immediatelyupon taking custody thereof, the crematory operator in charge shall place thedead human body in a refrigeration facility at 40 degrees fahrenheit or less,unless the dead human body has been embalmed, or shall store the dead humanbodyin a cremation container at a funeral establishment or branch establishment;and
(2) a crematory operator in charge shall not be required to accept forholding acremation container from which there is any evidence of leakage of body fluidsfrom the dead human body therein.
(c) No unauthorized person shall be permitted in the crematory area while anydead human body is in the crematory area awaiting cremation, being cremated orbeing removed from the cremation chamber.
(d) The simultaneous cremation of more than one dead human body within thesame cremation chamber is prohibited without specific written authorization todo so from all authorizing agents for the dead human bodies to be so cremated.Suchwritten authorization shall exempt the crematory operator in charge from allliability for the comingling of the cremated remains during the cremationprocess.
(e) The crematory shall maintain an identification system that will insurethat the cremated remains can be identified, as indicated on the cremationauthorizationform, throughout all phases of the cremation process.
(f) Upon completion of the cremation, and insofar as practicable, all of therecoverable residue of the cremation process shall be removed from thecremation chamber. If possible, the noncombustible materials or items shall beseparated from the cremated remains and disposed of, in a lawful manner, by thecrematory. The cremated remains shall be reduced by motorized mechanical deviceto granulated appearance appropriate for final disposition.
(g) Cremated remains shall be packed as follows:
(1) The cremated remains with proper identification shall be placed in atemporary container or urn, unless specific written authorization has beenreceived from the authorizing agent or as provided in paragraph (2) of thissubsection. The temporary container or urn contents shall be packed with cleanpacking materials;
(2) if the cremated remains will not fit within the dimensions of a temporarycontainer or urn, the remainder of the cremated remains shall be returned tothe authorizing agent or its representative in a separate container attached tothe first container or urn identifying such containers as belonging together;
(3) when a temporary container is used to return the cremated remains, thatcontainer shall be, at a minimum, a cardboard box with all seams taped closedto increase the security and integrity of that container. The outside of thecontainer shall be clearly identified with the name of the crematory and anindication that the container is a temporary container; and
(4) if the cremated remains are to be shipped, the temporary container ordesignated receptacle ordered by the authorizing agent shall be securely packedin a suitable, sturdy, non-fragile container and sealed properly. Crematedremains shall be shipped only by a method which has an internal tracing systemavailable and which provides a receipt signed by the person accepting delivery.
History: L. 2001, ch. 183, § 4; Jan. 1, 2002.