(1) A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
The next of kin;
The county coroner or the county coroner's designee; or
An authorized person at the care facility where the deceased died.
(2) A funeral establishment is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:
Final disposition has occurred or the remains are returned to the person who has theright of final disposition;
Human remains are released in accordance with the instructions given by the personwho has the right of final disposition; or
Remains are released to another funeral establishment, crematory, repository, or entity as authorized by the person who has the right of final disposition.
(3) The director shall adopt rules implementing this section that:
Establish what constitutes custody;
Define "care facility", "repository", and "entity";
Establish who is authorized to identify human remains at a care facility for a funeralestablishment; and
Prescribe the minimum standards for the positive identification and chain of custodyof human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 949, § 1, effective October 1.
Editor's note: This section is similar to former § 12-54-113 as it existed prior to 2019.