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This entry was published on 2023-06-30
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SECTION 4145
Deaths; burial and removal permits; disposition of remains
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 4
§ 4145. Deaths; burial and removal permits; disposition of remains.
1. No person in charge of any premises on which interments, cremations,
natural organic reductions or other disposition of the body of a
deceased person are made shall inter or permit the interment or other
disposition of any body unless it is accompanied by a burial, cremation,
natural organic reduction or transit permit, as provided in this
article.

2. (a) The funeral director or undertaker shall deliver the burial
permit to the person in charge of the place of burial or other
disposition before interring or otherwise disposing of the body or shall
attach the removal or transit permit to the box containing the body,
when shipped by any transportation company, which permit shall accompany
the remains to its destination, where, if within this state, it shall be
delivered to the person in charge of the place of burial or other
disposition.

(b) Any person or other entity owning, operating, managing, or
designated to receive the body of a deceased person at a place of
burial, cremation, natural organic reduction, or other final disposition
in this state, who receives the body of a deceased person, shall provide
a receipt for the body to the funeral director, undertaker or registered
resident who delivered such body. Each receipt shall (i) be endorsed by
both such person and the funeral director, undertaker or registered
resident, (ii) indicate the date the body was delivered, (iii) include
the name of the funeral director, undertaker or registered resident
delivering the body and the registration number of such funeral
director, undertaker or registered resident, (iv) include the name of
the registered funeral firm the funeral director, undertaker or
registered resident represents, (v) include the name of the deceased
person as it appears on the burial, cremation, natural organic
reduction, or transit permit, and (vi) include the name of the owner,
operator, manager, or person in charge of the place of burial,
cremation, natural organic reduction, or other final disposition who
received the body of the deceased person. A copy of such receipt shall
be retained by the owner, operator, manager, or person in charge of the
place of burial, cremation, natural organic reduction, or other final
disposition for a period of not less than four years, and shall be made
available for inspection by the division of cemeteries during normal
business hours. The original copy of every such receipt shall be
retained by the licensed funeral firm for a period of not less than four
years pursuant to the rules and regulations of the department governing
the maintenance of records.

3. The person in charge of the place of burial or other disposition
shall endorse upon the permit, the date of interment, natural organic
reduction, or cremation or other disposition over his signature, and
shall return all permits so endorsed to the registrar of his district
within seven days after the date of interment, cremation, natural
organic reduction, or other disposition.

4. When burying or otherwise disposing of the body of a deceased
person in a cemetery or burial place having no person in charge, the
funeral director or undertaker shall (a) sign the burial or removal
permit, giving the date of burial; (b) write across the face of the
permit the words "No person in charge; " and (c) file the burial or
removal permit within three days with the registrar of the district in
which the cemetery is located.

5. The person in charge of the place of burial, cremation, natural
organic reduction, or other disposition shall keep a record of all
bodies interred or otherwise disposed of on the premises under his
charge, in each case stating the name of each deceased person, place of
death, date of burial or disposal, and name and address of the funeral
director or undertaker, which record shall at all time be open to
official inspection.

6. For the purposes of this section, such documents required to be
produced under this section may be signed by written instrument or the
use of an electronic signature, as that term is defined in subdivision
three of section three hundred two of the state technology law, with the
intent to execute the instrument, writing or electronic record.