40 KAR 2:150. Cremation forms and inspections.

 

      RELATES TO: KRS 367.97501-367.97537

      STATUTORY AUTHORITY: KRS 15.180, 367.150(4), 367.97501, 367.97504, 367.97514, 367.97524, 367.97527, 367.97534

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 367.97534(5) authorizes the Attorney General to promulgate administrative regulations necessary to carry out the provisions of KRS 367.97501 to 367.97537. This administrative regulation establishes a cremation authorization form identified in KRS 367.97501(6), a crematory annual report form identified in KRS 367.97504(6), a preneed cremation authorization form identified in KRS 367.97501(15), a statement of training for crematory operators identified in KRS 367.97514(6), a crematory authority license application form identified in KRS 367.97504(1), to identify the records and information that must be retained by the crematory operator as identified in KRS 367.97504(5), and to establish the guidelines for crematory inspections identified in KRS 367.97504(1) and (5), 367.97511(4), 367.97514(5), and 367.97534.

 

      Section 1. Cremation Authorization Form. The "Cremation Authorization", Form CR-1, required by KRS 367.97524 shall contain the following information:

      (1) The name of the crematory authority;

      (2) The address of the crematory authority, including the city, state and zip code;

      (3) The telephone number of the crematory authority;

      (4) The name, address (including the city, state and zip code), age and gender of the deceased, and the place and date of death;

      (5) Whether or not the decedent's death was due to an infectious disease and, if so, an explanation;

      (6) Whether the decedent's remains contain a pacemaker, prosthesis, radioactive implant, or any other device that could be explosive;

      (7) Whether the decedent had been treated with therapeutic radionuclides such as Strontium 89 or any other treatment that would result in residual radioactive material remaining as part of the decedent's remains and, if so, what the treatment was and when the last treatment was administered;

      (8) The name of the individual identifying the decedent's remains prior to cremation, the relationship of that individual to the decedent, and the signature of the individual identifying the body for cremation;

      (9) A statement informing the authorizing agent of the following:

      (a) The authorizing agent shall direct the crematory authority on the final disposition of the cremated remains;

      (b) The crematory authority shall not conduct any cremation nor accept a body for cremation unless it has a Cremation Authorization Form signed by the authorizing agent clearly stating the final disposition; and

      (c) If the cremation is being performed pursuant to a Preneed Authorization Form, the original form shall be attached to this form in lieu of completing statements on this form concerning the authorization of the cremation;

      (10) A statement informing the authorizing agent that all cremations are performed individually and it is unlawful to cremate the remains of more than one (1) individual within the same cremation chamber at the same time;

      (11) A statement informing the authorizing agent of the following:

      (a) The consumer may choose cremation without choosing embalming services;

      (b) If the crematory authority does not have a refrigerated holding facility it shall not accept human remains for anything other than immediate cremation;

      (c) The crematory authority requires that the body of the deceased shall be delivered for cremation in a suitable container which shall be either a casket or an alternative cremation container for cremation;

      (d) If an alternative container is provided, it shall meet the following standards:

      1. Be composed of readily-combustible materials suitable for cremation;

      2. Be able to be closed to provide a complete covering for the human remains;

      3. Be resistant to leakage or spillage; and

      4. Be rigid enough to support the weight of the deceased;

      (e) The crematory authority is authorized to inspect the casket or alternative container, including opening it if necessary, and if there is leakage or damage, the crematory authority shall refuse to accept the decedent for the purpose of cremation or refrigeration;

      (f) The type of casket or cremation container selected for cremation;

      (g) Due to the nature of the cremation process any personal possessions or valuable materials, such as dental gold or jewelry, as well as any body prostheses or dental bridgework, that are left with the decedent and not removed from the casket or alternative cremation container prior to cremation shall be destroyed or shall otherwise not be recoverable, unless authority to do so otherwise is specifically granted in writing;

      (h) As the casket or alternative container will usually not be opened by the crematory authority to remove valuables, to allow for final viewing or for any other reason unless there is leakage or damage, the authorizing agent understands that arrangements shall be made to remove any possessions or valuables prior to the time the decedent is transported to the crematory authority;

      (i) Cremated remains, to the extent possible, shall not be contaminated with foreign material;

      (j) All noncombustible materials, such as dental bridgework, and materials from the casket or alternative cremation container, such as hinges, latches and nails, shall be separated and removed, to the extent possible, by visible or magnetic selection and shall be disposed of by the crematory authority with similar materials from other cremations in a nonrecoverable manner, so that only human bone fragments and organic ash, including both human remains and container remains, remain, unless those objects are used for identification or as may be requested by the authorizing agent;

      (k) As the cremated remains often contain recognizable bone fragments, unless otherwise specified, after bone fragments have been separated from the other material, they shall be mechanically processed or pulverized, which includes crushing or grinding into granulated particles of unidentifiable dimensions, virtually unrecognizable as human remains, prior to placement into the designated container; and

      (l) While every effort shall be made to avoid commingling of cremated remains, inadvertent or incidental commingling of minute particles of cremated remains from the residue of previous cremations is a possibility, and the authorizing agent understands and accepts this fact;

      (12) Instructions on disposition of the cremated remains, indicating whether the cremated remains will be:

      (a) Interred and, if so, where;

      (b) Scattered in a scattering area or garden and, if so, where;

      (c) Scattered on private property with the permission of the owner and, if so, where;

      (d) Delivered either in person or by registered mail and, if so, to whom; or

      (e) Picked up at the crematory office and, if so, by whom;

      (13) The date the body was received by the crematory authority, the date of cremation, the name of the person performing the cremation, and the signature of the person performing the cremation, certifying that the cremation has been performed;

      (14) Signature of the authorizing agent granting consent to the cremation of the decedent;

      (15) The name of the authorizing agent and the relationship of the authorizing agent to the deceased;

      (16) The address of the authorizing agent, including the city, state and zip code;

      (17) The telephone number of the authorizing agent;

      (18) The signature of the funeral director or other individual as witness for the authorizing agent; and

      (19) The date and location where the authorizing agent signed the Cremation Authorization Form.

 

      Section 2. Crematory Annual Report Form. The "Crematory Annual Report", Form CR-2, required by KRS 367.97504(6) shall contain the following information:

      (1) The name of the crematory authority;

      (2) The address of the crematory authority, including the city, state and zip code;

      (3) The number of retorts operated by the crematory authority;

      (4) The number of cremations performed by the crematory authority in each retort during the preceding calendar year;

      (5) The total number of cremations performed by the crematory authority during the preceding calendar year;

      (6) A numerical breakdown of the disposition of cremated remains in the preceding year, indicating the number:

      (a) Scattered;

      (b) Interred, either in a niche or in-ground burial;

      (c) Returned to the family or funeral home; or

      (d) Other means of disposition. The other means of disposition used shall be briefly described;

      (7) A list of the names and registration numbers of all crematory operators who worked for the crematory authority during the preceding year;

      (8) The signature of the individual completing the form and the date on which the form was completed; and

      (9) A statement requiring the remittance of a ten (10) dollar check or money order for the annual registration fee.

 

      Section 3. Preneed Cremation Authorization Form. The "Preneed Cremation Authorization", Form CR-3, required by KRS 367.97527 shall contain the following information:

      (1) The name of the crematory authority;

      (2) The address, including the city, state and zip code;

      (3) The telephone number of the crematory authority;

      (4) The name of the authorizing agent;

      (5) The address of the authorizing agent, including the city, state and zip code;

      (6) The home telephone number of the authorizing agent;

      (7) The age and gender of the authorizing agent;

      (8) Whether the decedent authorizing agent has any infectious or contagious disease and, if so, an explanation;

      (9) Whether the decedent authorizing agent's body contains a pacemaker, prosthesis, radioactive implant, or any other device that could be explosive;

      (10) Whether the decedent authorizing agent has been treated with therapeutic radionuclides such as Strontium 89 or any other treatment that would result in residual radioactive material remaining as part of the decedent authorizing agent's remains and, if so, what the treatment was and the last date it was administered;

      (11) A statement specifying that all cremations are performed individually and that it is unlawful to cremate the remains of more than one (1) individual within the same cremation chamber at the same time;

      (12) A statement informing the authorizing agent that the agent may choose cremation without choosing embalming services and that if the crematory chosen does not have a refrigerated holding facility it shall not accept human remains for anything other than immediate cremation;

      (13) A statement informing the authorizing agent of the following:

      (a) The agent is not required to purchase a casket for the purpose of cremation;

      (b) The crematory authority shall require the decedent authorizing agent to be delivered for cremation in a suitable container which shall be either a casket or an alternative cremation container; and

      (c) An alternative cremation container shall meet the following standards:

      1. Be composed of readily-combustible materials suitable for cremation;

      2. Be able to be closed to provide a complete covering for the human remains;

      3. Be resistant to leakage or spillage; and

      4. Be rigid enough to support the weight of the deceased;

      (14) A statement informing the authorizing agent that the crematory is authorized to inspect the casket or alternative container, including opening if necessary, and if there is leakage or damage, the crematory shall refuse to accept the decedent authorizing agent's remains for the purpose of cremation or refrigeration;

      (15) The type of casket or alternative container selected for cremation;

      (16) A statement informing the authorizing agent of the following:

      (a) Due to the nature of the cremation process any personal possessions or valuable materials, such as dental gold or jewelry, as well as any body prostheses or dental bridgework, that are left with the decedent authorizing agent and not removed from the casket or alternative container prior to cremation shall be destroyed or shall otherwise not be recoverable; and

      (b) The casket or alternative container will usually not be opened by the crematory authority to permit the removal of valuables, to allow for final viewing or for any other reason unless there is leakage or damage, so the authorizing agent shall make arrangements to have any possessions or valuables removed prior to the time the remains are transported to the crematory authority;

      (17) A statement informing the authorizing agent of the following:

      (a) To the extent possible, cremated remains shall not be contaminated with foreign material;

      (b) All noncombustible materials such as dental bridgework, and materials from the casket or alternative container, such as hinges, latches, and nails, shall be separated and removed, to the extent possible, by visible or magnetic selection and shall be disposed of by the crematory authority with similar materials from other cremations in a nonrecoverable manner, so that only human bone fragments and organic ash, including both human remains and container remains, remain;

      (c) As the cremated remains often contain recognizable bone fragments, unless otherwise specified, after the bone fragments have been separated from the other material, they shall be mechanically processed or pulverized, which includes crushing or grinding into granulated particles of unidentifiable dimensions, virtually unrecognizable as human remains, prior to placement into the designated container; and

      (d) While every effort shall be made to avoid commingling of cremated remains, inadvertent or incidental commingling of minute particles of cremated remains from the residue of previous cremations is a possibility, and the authorizing agent understands and accepts this fact;

      (18) A statement informing the authorizing agent of the following:

      (a) The original copy of the Preneed Cremation Authorization Form shall be retained by the firm or person with which the arrangements are being made and a copy shall be provided to the authorizing agent; and

      (b) A person arranging his or her own cremation shall have the right to transfer or cancel this authorization at any time prior to death by notifying by certified mail, the firm or person with which the preneed authorization form is filed;

      (19) A statement informing the authorizing agent that if there are not different or inconsistent instructions provided to the crematory authority at the time of death, the crematory authority shall release or dispose of the cremated remains as indicated on this Preneed Cremation Authorization Form;

      (20) A statement informing the authorizing agent of the following:

      (a) If there is a conflict between the authorizing agent's preneed authorization and the demands of the next class of authorizing agent, the crematory authority shall not accept for cremation the authorizing agent's remains without an order deciding the issues entered by the district court of the county of the decedent authorizing agent's residence or the county where the funeral home or the crematory authority is located;

      (b) The order may be issued by the court after a petition for a resolution has been initiated by any natural person in the next class of authorizing agent or the crematory authority; and

      (c) Unless extraordinary circumstances exist, the court shall give due deference to the desires of the decedent authorizing agent as expressed in the Preneed Cremation Authorization Form;

      (21) Instructions on the disposition of the cremated remains, indicating whether the cremated remains will be:

      (a) Interred and, if so, where;

      (b) Scattered in a scattering area or garden and, if so, where;

      (c) Scattered on private property with the permission of the owner and, if so, where;

      (d) Delivered either in person or by registered mail and, if so, to whom; or

      (e) Picked up at the crematory office and, if so, by whom;

      (22) The printed name, signature, address (including city, state, and zip code) and home telephone of the authorizing agent, explicitly authorizing the crematory authority to cremate the human remains of the authorizing agent;

      (23) The date and location where the authorizing agent signed the Preneed Cremation Authorization Form;

      (24) The signature of the funeral director or other individual as witness for the authorizing agent;

      (25) The name of the funeral director or other individual acting as witness for the authorizing agent;

      (26) The address of the funeral director or other individual acting as witness for the authorizing agent, including the city, state and zip code; and

      (27) The telephone number of the funeral director or other individual acting as witness for the authorizing agent.

 

      Section 4. Statement of Supervision Form. The "Statement of Supervision for Registered Crematory Retort Operators", Form CR-4, required by KRS 367.97514(6) shall contain the following information:

      (1) The name of the crematory retort operator who was supervised;

      (2) The name of the employer crematory authority;

      (3) The name of the supervising crematory operator, verifying that the crematory retort operator completed forty-eight (48) hours of on the job training supervised by the crematory operator;

      (4) The date on which the form was signed;

      (5) The signature of the crematory retort operator;

      (6) The signature of the crematory operator who supervised the crematory retort operator; and

      (7) The registration number of the crematory operator.

 

      Section 5. Crematory Authority License Application Form. The "Crematory Authority License Application", Form CR-5 required by KRS 367.97504(1) shall contain the following information:

      (1) A statement informing the applicant that a crematory authority license shall be obtained from the Attorney General at least thirty (30) days prior to the opening of the crematory authority to conduct cremations;

      (2) A statement informing the applicant that a $100 registration fee shall accompany the application, and that the application shall be completed by the president, owner, corporate officer or any other person with the authority to bind the applicant;

      (3) The date of the application;

      (4) The crematory owner's name;

      (5) The crematory name, if different from the owner;

      (6) The business telephone number;

      (7) The physical address of the crematory, including the city, county, state and zip code;

      (8) Mailing address, including city, state, and zip code, of the crematory authority, if different from the physical address;

      (9) The form of organization of the crematory, indicating whether it is a:

      (a) Corporation;

      (b) Partnership;

      (c) Individual; or

      (d) Other, and if so, please explain;

      (10) The name, position, address, including the city, state, and zip code, and Social Security number of every member, officer, and director of the crematory;

      (11) The name, address, including city, state and zip code, and account number, if applicable, of three (3) financial references. Suitable financial references shall include financial institutions and industry suppliers. Personal references shall not be acceptable;

      (12) The name and address, including city, state and zip code, of the financial institution at which the applicant has its business bank account;

      (13) The account number of the business bank account;

      (14) Whether the applicant intends to solicit preneed funeral contracts. If yes, an application for a preneed burial sellers license, Form CPN-6, incorporated by reference in 40 KAR 2:250, shall be attached;

      (15) A statement from the applicant's retort manufacturer which shall include the following information:

      (a) The date on which the manufacturer delivered the retort to the applicant;

      (b) Whether the manufacturer installed the retort and, if so, when the installation occurred;

      (c) Whether the retort was tested upon installation and, if so, the results of those tests;

      (16) A statement informing the applicant that by submitting the application, the applicant is agreeing to the following:

      (a) That the applicant is stating under penalty of law that the information provided is true and accurate to the best of the applicant's knowledge;

      (b) That the applicant is required to notify the Attorney General immediately of any change in the information required by this section and that KRS 367.97504(2) governs when a new license application form is required to be filed;

      (c) That the applicant is not insolvent, has not conducted business in a fraudulent manner and is duly authorized to do business in the state;

      (d) That the applicant is in a position to commence operating a crematory and that all relevant state and local permits required have been issued; and

      (e) That the license, if granted, may be suspended or revoked pursuant to KRS 367.97534 if any of Kentucky's cremation statutes, KRS 367.97501 to 367.97537 or any implementing administrative regulations, this administrative regulation and 40 KAR 2:250, are violated; and

      (f) That the applicant is authorized to complete this form on behalf of the applicant crematory; and

      (17) A dated and notarized signature of the person making the application on behalf of the crematory, and that person's title or position held.

 

      Section 6. Required Records of the Crematory Authority. The records maintained by the crematory authority required by KRS 367.97504(5) shall include the following:

      (1) A copy of the completed cremation authorization form and, if applicable, preneed cremation authorization form, for all cremations occurring within the last ten (10) years;

      (2) A copy of the identification required to be attached to the outside of the cremation container by KRS 367.97507(2) and 367.97514(2); and

      (3) A copy of any stainless steel identification tag which is placed with the human remains prior to cremation, is subjected to the cremation process with the human remains, survives the cremation process, and is left with the cremated remains after the cremation process is complete.

 

      Section 7. Inspection of Crematory Authorities. An inspection of the crematory authority and its records, as required by KRS 367.97504(5), shall include annual, unannounced inspections of all crematory authority facilities and records which may include:

      (1) An inspection of the crematory authority to determine if it is in active operation or is in a position to commence operation;

      (2) An inspection of the retort for proper operation;

      (3) An inspection of the crematory authority facility to determine if it is secure from unauthorized access;

      (4) An inspection of the crematory authority facility to determine if the crematory authority license is displayed in a conspicuous place;

      (5) An inspection of the refrigerated holding facility used for holding human remains to determine if it is secure from unauthorized access and functioning properly; and

      (6) An inspection of crematory records for all cremations occurring within ten (10) years of the date of the inspection, including all information required to be kept by KRS 367.97504(5) and this administrative regulation.

 

      Section 8. Inspection Completion Certificate. Each crematory authority which successfully passes an annual inspection shall receive an Inspection Completion Certificate which shall contain the following:

      (1) The name of the crematory authority;

      (2) The address of the crematory authority, including city, state and zip code;

      (3) A certified statement that an inspection has been performed by the Kentucky Attorney General's Office and that the crematory authority was found to be in compliance with KRS 367.97501 to 367.97537, this administrative regulation and 40 KAR 2:250 on the date of the inspection;

      (4) The date on which the inspection was performed; and

      (5) The signature of an authorized representative of the Attorney General's Office.

 

      Section 9. (1) The following material is incorporated by reference:

      (a) "Cremation Authorization", Form CR-1, 11-02;

      (b) "Crematory Annual Report", Form CR-2, 11-02;

      (c) "Preneed Cremation Authorization", Form CR-3, 11-02;

      (d) "Statement of Supervision for Registered Crematory Retort Operators", Form CR-4, 11-02; and

      (e) "Crematory Authority License Application", Form CR-5, 11-02;

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Attorney General, Consumer Protection Division, 1024 Capital Drive, Frankfort, Kentucky 40602, Monday through Friday, 8 a.m. to 4:30 p.m. (21 Ky.R. 699; Am. 1291; eff. 10-12-94; 29 Ky.R. 991; 1828; 2076; eff. 2-16-03.)