KANSAS STATUTES AND CODES

65-1764. Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body.

65-1764

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

65-1764. Effect of authorizingagent's representations; liability regarding the refusal to accept a dead humanbody; to cremate a dead human body or the authorized cremation of a dead humanbody.(a) An authorizing agent signing a cremation authorizationform shall be deemed to warrant the truthfulness of any facts set forth in suchcremation authorization form, including the identity of the deceased whoseremains are sought to be cremated and such authorization agent's authority toorder such cremation. Any person signing a cremation authorization form as anauthorizing agent shall be personally and individually liable for all damageoccasioned thereby and resulting therefrom. A crematory operator in charge or afuneraldirector may rely upon the representations of the authorizing agent in thecremation authorization form.

(b) A funeral director, assistant funeral director or crematory operator incharge shall have the authorityto arrange the cremation of a dead human body upon the receipt of a cremationauthorization form signed by an authorizing agent. A funeral director,assistant funeral director or crematory operator in charge who pursuant to acremationauthorization arranges a cremation, cremates a dead human body then releases ordisposes of the cremated remains shall not be liable for such acts.

(c) A funeral director, assistant funeral director or crematory operator incharge who refuses to arrange acremation[,] to accept a dead human body or to perform acremation shall not be liable for refusing to arrange, to accept the dead humanbody or to perform thecremation until they receive a court order or other suitable confirmation thatthe cause of the refusal has been settled. Circumstances causing such a refusalmay include:

(1) Awareness of a dispute concerning the cremation of the dead human body;or

(2) a reasonable basis for questioning any of the representations made by theauthorizing agent; or

(3) any other lawful reason.

History: L. 2001, ch. 183, § 5; Jan. 1, 2002.