FSL Chapter 10R3 - Methods of Disposition - Part 2

FUNERAL SERVICE LAW

IN THE UNITED STATES, 2nd ed.

A GUIDE FOR FUNERAL SERVICE STUDENTS

CHAPTER 10: METHODS OF FINAL DISPOSITION - CREMATION, DONATION,
ALKALINE HYDROLYSIS, AND NATURAL ORGANIC REDUCTION

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Methods of Final Disposition

Chapter 9(previous presentation)
❖ Interment (burial)
❖ Entombment
❖ Natural (green) burial
❖ Burial at sea

Chapter 10(this presentation)
❖ Cremation
❖ Donation
❖ Alkaline hydrolysis
❖ Natural organic reduction

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Cremation Final Disposition

� The cremation rate in the 1920’s was 1%

� In 1981, 10%

� In 1999, 25%

� in 2016, 50%

� Projected rate by 2023 is 59.4%.

� The lowest rate in 2019 was 23.7% in Mississippi.

� The highest rate in 2019 was 80.1% in Nevada.

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Cremation - Final Disposition?

� Some people argue cremation is not the final disposition, as further steps must be taken to dispose of the cremated remains.

� The same argument could be made to exclude alkaline hydrolysis; however, state laws do not recognize the disposition of cremated remains as the final disposition of human remains.

� It is the cremation process taking place in a crematory states recognize as the final disposition of human remains.

� The disposal of cremated remains is not always regulated, although there are some exceptions.

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Authorization to Cremate

� Cremation must be authorized by the person with the priority right to control the final disposition.

� An authorization may contain any of these eight sections or parts:

1.

Notice to the consumer the process is an irreversible and final process that consumes everything but bone and metal, which are all that will be left.

2.

Acknowledgement there has been a positive identification of the human
remains as required by applicable state or local law.

3.

Affirmation of the person with the right to control the disposition they have such right and – when required – are acting to carry out the wishes of the decedent.
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Authorization to Cremate continued

4.

Affirmation the remains do not contain hazardous items or materials, such as a pacemaker, battery pack, power cell, or radioactive implant.

5.

Confirmation things of value have been removed from the container. This is usually followed by a warning that any personal items in the container will be destroyed and cannot be retrieved.

6.

Name of the person authorized to receive the cremated remains from the crematory. This is usually followed by a warning that if the cremated remains are unclaimed after a specified period of time, the crematory has the right to dispose of them in any legal manner, such as a cemetery burial or placement in a columbarium wall.

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Authorization to Cremate continued

7.

A description of any urn or container being provided or, if no container is provided, an acknowledgement the crematory will place the cremated remains in a temporary container.

8.

A signatory section to attest to the accuracy of the information provided to the crematory. Signatures usually need to be witnessed, and some states require a funeral director serve as a witness.

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Filings and Permits

� A death certificate must be filed to obtain a permit authorizing the final

disposition method, date, and location.

� Some states use a universal permit with options to select the method; while others – such as Tennessee – have a special permit for cremation cases only.

� Some states – such as California – only require a permit when the disposition of cremated remains is taking place in a location other than a cemetery.

� Some governments may also require a medical examiner or county coroner to issue a clearance (approval) for a cremation disposition before a permit may be issued by a local registrar or recorder of vital statistics.

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Preparation for Cremation

� Funeral directors are responsible for preparing and transporting human remains for cremation.

� The process follows a logical order and sequence that will include most, if not all of these nine actions:

1.

Verify the name and identity of the decedent and ensure the human remains have been properly tagged for identification.

2.

Remove any medical devices or equipment – such as a pacemaker or other battery-operated implants – and dispose of them following hazardous material handling protocols.

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Preparation for Cremation continued

3.

Remove any personal property or effects that may be on or with the body, such as a wallet, watch, ring, or necklace. A list of these items should be recorded, along with later notations as to their subsequent disposition as directed by the family.

4.

If the family has provided clothing or cosmetics, the body should be dressed and cosmetics applied according to their instructions.

5.

The remains should be enclosed in a leak-proof pouch or similar leak proof container to contain any bodily fluids. The pouch or container should also be properly tagged for identification.

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Preparation for Cremation continued

6.

Place pouched human remains inside a cremation casket or suitable
alternative container. A container may be supplied by the family, the
establishment, or the crematory but must be in regulatory compliance as related to durability and the materials from which it is constructed to not impede the cremation process or endanger crematory staff.

7.

Any personal items to be cremated with the human remains – such as
photographs or a blanket – should be placed inside the container. Materials that could be hazardous to crematory staff, such as glass, metal cans, batteries, and lighters should be rejected and returned to the family. Place the cover on the container and write the name of the decedent and the name of the funeral establishment on the outside of the container.

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Preparation for Cremation continued

8.

Transport the packaged human remains in a dignified and respectful
manner to the crematory, together with a government-issued cremation permit and the authorization to cremate signed by the family. In some regions, cremations must be pre-scheduled and the remains not delivered until instructed by crematory staff. Many states require a licensed professional – such as a funeral director – deliver the human remains and sign a log to record the transfer of custody from the funeral establishment to the crematory.

9.

Provide for the retrieval of the cremated remains from the crematory at a later date.

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Disposition of Cremated Remains

� The funeral director is most often the person responsible for:

� assisting a family in selecting an appropriate container to safeguard

cremated remains;

� transferring the cremated remains from a temporary container to one or more permanent containers; and

� providing transportation of the container to the site of any funeral,

memorial, or burial service.

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Disposition Options

� The legal disposition of cremated remains may include these four options:

1.

Buried in the ground (interred), known in some states as inurnment.

2.

Placed in a columbarium - a structure, room or space in a mausoleum or
other building containing niches.

3.

Remain with a family; however, funeral directors must remain vigilant to religious law, customs, rights, or teachings that may restrict such activities. For example, the Roman Catholic Order of Christian Funerals states: any disposition other than burial is “not the reverent disposition that the Church requires.”

4.

Scattered in or on the earth or water (when not prohibited).

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Scattering Considerations

� Funeral directors must be aware of – and comply with – laws regulating scattering, especially on or in the water.

� At a minimum, scattering in inland waterways is often not socially acceptable or well received by adjacent landowners or community where it takes place.

� To the extreme, scattering may be illegal and subject to prosecution when a body of water is the source of drinking water or protected. For example, the federal Clean Water Act regulates scattering in certain inland waters such as rivers or lakes, and states that own these waterways may have additional requirements, such as requiring a permit before scattering on public lands or waters.

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Unclaimed Cremated Remains

� State laws set conditions for when unclaimed cremated remains may be disposed of by crematory operators, funeral directors, and other death care providers.

� These laws often prohibit scattering as a means of disposal.

� Statutes that regulate unclaimed cremated remains include many of these five components:

1.

Specifying the persons or officials with the authority to dispose of unclaimed cremated remains.

2.

Setting the minimum period of time that must pass before cremated remains are considered ‘unclaimed’ and subject to disposal.

3.

Listing the acceptable methods for disposition.

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Unclaimed Cremated Remains continued

4.

Requiring records to document due diligence efforts to contact the person with the right to control the disposition and request they take possession of the cremated remains.

5.

Requiring a permanent record be made with the date and location for each disposal of unclaimed cremated remains.

� For the unclaimed cremated remains of a veteran, state regulations often permit their transfer to an authorized veteran organization. Veteran requirements usually prohibit scattering and also mandate the maintenance of permanent records.

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Cremation Liability Exposures

� Cremation cases expose a funeral director – and the establishment they work for – to unique risks that can result in a civil tort claim (lawsuit).

� Misidentifications and mistakes resulting in the wrong body being cremated are often cited as the underlying actions or omissions in a civil claim.

� Ways to minimize liability exposures include these five best practices:

1.

Develop operational manuals detailing proper procedures to be taken by staff to reduce exposures when handling cremation cases.

2.

Implement a tracking program for human remains and cremated remains by permanently attaching an ID bracelet to the decedent. Every movement from one location to another should be tracked and recorded.

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Cremation Liability Exposures continued

3.

Document all actions taken to safeguard human and cremated remains to demonstrate the consistent intent and practice to exercise due diligence. In court, these records may diminish the level of exposure and potential penalties.

4.

Periodically meet with crematory staff to review their tracking procedures with those of the establishment to ensure they are consistent and compatible. Make adjustments when needed to ensure proper identification procedures are always in place.

5.

Periodically conduct inspections of crematory facilities to verify and observe the steps being taken to ensure no identification errors could occur. These proactive actions also demonstrate to a court the due diligence undertaken to minimize any chance for a mistake.

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Donation Final Disposition

� Medical and research facilities need sources to supply cadavers for use in studies and programs.

� Body donation is one source and may be arranged by someone prior to their death; or the family of a decedent at the time of death.

� Donations are regulated by states using the Uniform Anatomical Gift Act

(UAGA) as a guide.

� Uniform acts are laws designed to be adopted by all of the states so that the law in one jurisdiction is the same as in another jurisdiction. [Source: West’s Law]

� When discussing body donation with a family, anatomical gift is the preferred terminology.

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Alkaline Hydrolysis Final Disposition

� Alkaline hydrolysis is a process that uses water, alkaline chemicals, heat, and sometimes pressure and agitation to accelerate natural decomposition – leaving bone fragments.

� This process has been described by a NY Times reporter as:

A chemical bath to dissolve protein, blood and fat, leaving only a

coffee-colored liquid, powdery bone and any metal implants, like dental filings.

� There are three steps to prepare the residue that remains after the process:

1.

Liquid and metal waste products are removed and discarded.

2.

Bone fragments are ground into a powdery ash.

3.

The ash is placed in a temporary container and returned to the family.

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Legal Considerations

� By early 2021, there were

roughly 20 states that had
approved alkaline hydrolysis as a
method for the final disposition of
human remains, while other
states are actively considering
approval.

This method may be referred to as:

� Bio-cremation.

� Flameless cremation.

� Water cremation.

Natural Organic Reduction Disposition

� Natural organic reduction (NOR) – aka human composting – is another

emerging method for the final disposition of human remains.

� NOR is powered by beneficial microbes that occur naturally on our bodies and in the environment.

� There are six general steps to the NOR process:

1.

Remains are placed in a special cradle for preparation, which includes
surrounding them with wood chips, alfalfa, and straw. They are then moved to a processing vessel, where the cradle and materials that will not break down in the process are removed.

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Natural Organic Reduction continued

2.

Additional plant material is added and the remains are then left in the vessel for 30 days while microbes break down everything, resulting in the formation of a nutrient-dense soil.

3.

A decedent creates roughly one cubic yard of soil amendment. Any
non-organics – such as false teeth or dental metal – is sorted out, removed, and recycled.

4.

Bones or fragments remaining are processed mechanically and reintroduced into the soil. During the curing process, they break down further and absorb into the soil.

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Natural Organic Reduction continued

5.

The soil is processed to give it even texture size, which makes a healthier
soil more capable of retaining moisture. Curing takes between two and
three weeks while the soil cools off and the reduction process continues.

6.

After passing all regulatory testing requirements – such as for harmful
microbes, pH levels, and heavy metal content – the process is finished.

� The soil created returns nutrients from the remains back to the natural world. It restores forests, sequesters carbon, and nourishes new life.

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NOR Environmental Impact

� The minimal environmental impact of human composting – as compared to burial or cremation – is one of the major positive influences when choosing this method.

� Recompose, an NOR company in the state of Washington, has stated: For every person who chooses Recompose over conventional burial or cremation, one metric ton of carbon dioxide is prevented from entering the atmosphere. In addition, our approach to human composting requires 1/8 the energy of conventional burial or cremation. Recompose allows you to choose an end-of-life option that strengthens the environment rather than depleting it

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This image simulates human
remains (surrounded by wood
chips, alfalfa, and straw) after
being prepared for the NOR

process.

The remains will be moved

into the processing vessel, at
which time the cradle and any

material that will not break

down in the organic process is

removed.

Courtesy of Recompose.

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This vessel has the capacity to

handle ten NOR cases.

The human remains and plant
material remain in the vessel

for 30 days.

Microbes break everything
down on the molecular level,
resulting in a nutrient-dense

soil.

Courtesy of Recompose.

NOR - Legal Status

� As of late 2021, only the state of Washington (in 2019), and the states of Oregon and Colorado (in 2021) had legalized this method for the final
disposition of human remains.

� The states of California, New York, Delaware, and Massachusetts are considering authorizing this method and other states will undoubtedly be
looking to explore this alternative in the future.

� Colorado has banned selling NOR soil for commercial use but the public is allowed to use the soil for any purpose, such as in their own garden or on private property.

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THE END

Author: Larry J Cleveland

Publisher: Hudson Valley Professional Services

PPT Release: #3 June 2022
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FUNERAL SERVICE LAW

IN THE UNITED STATES, 2nd ed.

A GUIDE FOR FUNERAL SERVICE STUDENTS