1     
REGULATION OF ALKALINE HYDROLYSIS PROCESS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Funeral Services Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms, including "alkaline hydrolysis";
13          ▸     authorizes the use of the alkaline hydrolysis process for the disposition of human
14     remains;
15          ▸     describes licensing and other requirements for a licensed funeral service
16     establishment to use the alkaline hydrolysis process for the disposition of human
17     remains; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-9-102, as last amended by Laws of Utah 2013, Chapter 278
26          58-9-302, as last amended by Laws of Utah 2009, Chapter 183
27          58-9-601, as last amended by Laws of Utah 2013, Chapter 364

28          58-9-606, as enacted by Laws of Utah 2007, Chapter 144
29          58-9-611, as enacted by Laws of Utah 2008, Chapter 353
30     ENACTS:
31          58-9-613, Utah Code Annotated 1953
32          58-9-614, Utah Code Annotated 1953
33          58-9-615, Utah Code Annotated 1953
34          58-9-616, Utah Code Annotated 1953
35          58-9-617, Utah Code Annotated 1953
36          58-9-618, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 58-9-102 is amended to read:
40          58-9-102. Definitions.
41          In addition to the definitions in Section 58-1-102, as used in this chapter:
42          (1) "Alkaline hydrolysis" means a water-based dissolution process using alkaline
43     chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid
44     and to dry bone residue and includes the disposal of the liquid and the processing and
45     pulverization of the dry bone residue.
46          (2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
47     hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human
48     remains.
49          (3) "Alkaline hydrolysis container" means a container:
50          (a) in which human remains are transported to a funeral service establishment and
51     placed in an alkaline hydrolysis chamber for resomation; and
52          (b) that meets substantially all of the following standards:
53          (i) able to be closed in order to provide a complete covering for the human remains;
54          (ii) resistant to leakage or spillage;
55          (iii) rigid enough for handling with ease; and
56          (iv) able to provide protection for the health, safety, and personal integrity of crematory
57     personnel.
58          [(1)] (4) "Authorizing agent" means a person legally entitled to authorize the cremation

59     or the alkaline hydrolysis process of human remains.
60          [(2)] (5) "Beneficiary" means the individual who, at the time of the individual's death,
61     is to receive the benefit of the property and services purchased under a preneed funeral
62     arrangement.
63          [(3)] (6) "Board" means the Board of Funeral Service created in Section 58-9-201.
64          [(4)] (7) "Body part" means:
65          (a) a limb or other portion of the anatomy that is removed from a person or human
66     remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;
67     or
68          (b) a human body or any portion of a body that has been donated to science for medical
69     research purposes.
70          [(5)] (8) "Buyer" means a person who purchases a preneed funeral arrangement.
71          [(6)] (9) "Calcination" means a process in which a dead human body is reduced by
72     intense heat to a residue that is not as substantive as the residue that follows cremation.
73          [(7)] (10) "Cremated remains" means all the remains of a cremated body recovered
74     after the completion of the cremation process, including pulverization which leaves only bone
75     fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign
76     matter including casket material, bridgework, or eyeglasses that were cremated with the human
77     remains.
78          [(8)] (11) "Cremation" means the technical process, using direct flame and heat, that
79     reduces human remains to bone fragments through heat and evaporation and includes the
80     processing and usually the pulverization of the bone fragments.
81          [(9)] (12) "Cremation chamber" means the enclosed space within which the cremation
82     process takes place and which is used exclusively for the cremation of human remains.
83          [(10)] (13) "Cremation container" means the container:
84          (a) in which the human remains are transported to the crematory and placed in the
85     cremation chamber for cremation; and
86          (b) that meets substantially all of the following standards:
87          (i) composed of readily combustible materials suitable for cremation;
88          (ii) able to be closed in order to provide a complete covering for the human remains;
89          (iii) resistant to leakage or spillage;

90          (iv) rigid enough for handling with ease; and
91          (v) able to provide protection for the health, safety, and personal integrity of crematory
92     personnel.
93          [(11)] (14) "Crematory" means the building or portion of a building that houses the
94     cremation chamber and the holding facility.
95          [(12)] (15) "Direct disposition" means the disposition of a dead human body:
96          (a) as quickly as law allows;
97          (b) without preparation of the body by embalming; and
98          (c) without an attendant funeral service or graveside service.
99          [(13)] (16) "Disposition" means the final disposal of a dead human body by:
100          (a) earth interment;
101          (b) above ground burial;
102          (c) cremation;
103          (d) calcination;
104          (e) alkaline hydrolysis;
105          [(e)] (f) burial at sea;
106          [(f)] (g) delivery to a medical institution; or
107          [(g)] (h) other lawful means.
108          [(14)] (17) "Embalming" means replacing body fluids in a dead human body with
109     preserving and disinfecting chemicals.
110          [(15)] (18) (a) "Funeral merchandise" means any of the following into which a dead
111     human body is placed in connection with the transportation or disposition of the body:
112          (i) a vault;
113          (ii) a casket; or
114          (iii) other personal property.
115          (b) "Funeral merchandise" does not include:
116          (i) a mausoleum crypt;
117          (ii) an interment receptacle preset in a cemetery; or
118          (iii) a columbarium niche.
119          [(16)] (19) "Funeral service" means a service, rite, or ceremony performed:
120          (a) with respect to the death of a human; and

121          (b) with the body of the deceased present.
122          [(17)] (20) "Funeral service director" means an individual licensed under this chapter
123     who may engage in all lawful professional activities regulated and defined under the practice of
124     funeral service.
125          [(18)] (21) (a) "Funeral service establishment" means a place of business at a specific
126     street address or location licensed under this chapter that is devoted to:
127          (i) the embalming, care, custody, shelter, preparation for burial, and final disposition of
128     dead human bodies; and
129          (ii) the furnishing of services, merchandise, and products purchased from the
130     establishment as a preneed provider under a preneed funeral arrangement.
131          (b) "Funeral service establishment" includes:
132          (i) all portions of the business premises and all tools, instruments, and supplies used in
133     the preparation and embalming of dead human bodies for burial, cremation, alkaline
134     hydrolysis, and final disposition as defined by division rule; and
135          (ii) a facility used by the business in which funeral services may be conducted.
136          [(19)] (22) "Funeral service intern" means an individual licensed under this chapter
137     who is permitted to:
138          (a) assist a funeral service director in the embalming or other preparation of a dead
139     human body for disposition;
140          (b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or
141     pulverization of a dead human body or its remains; and
142          (c) perform other funeral service activities under the supervision of a funeral service
143     director.
144          [(20)] (23) "Graveside service" means a funeral service held at the location of
145     disposition.
146          [(21)] (24) "Memorial service" means a service, rite, or ceremony performed:
147          (a) with respect to the death of a human; and
148          (b) without the body of the deceased present.
149          [(22)] (25) "Practice of funeral service" means:
150          (a) supervising the receipt of custody and transportation of a dead human body to
151     prepare the body for:

152          (i) disposition; or
153          (ii) shipment to another location;
154          (b) entering into a contract with a person to provide professional services regulated
155     under this chapter;
156          (c) embalming or otherwise preparing a dead human body for disposition;
157          (d) supervising the arrangement or conduct of:
158          (i) a funeral service;
159          (ii) a graveside service; or
160          (iii) a memorial service;
161          (e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body
162     or the body's remains;
163          (f) supervising the arrangement of:
164          (i) a disposition; or
165          (ii) a direct disposition;
166          (g) facilitating:
167          (i) a disposition; or
168          (ii) a direct disposition;
169          (h) supervising the sale of funeral merchandise by a funeral establishment;
170          (i) managing or otherwise being responsible for the practice of funeral service in a
171     licensed funeral service establishment;
172          (j) supervising the sale of a preneed funeral arrangement; and
173          (k) contracting with or employing individuals to sell a preneed funeral arrangement.
174          [(23)] (26) (a) "Preneed funeral arrangement" means a written or oral agreement sold in
175     advance of the death of the beneficiary under which a person agrees with a buyer to provide at
176     the death of the beneficiary any of the following as are typically provided in connection with a
177     disposition:
178          (i) goods;
179          (ii) services, including:
180          (A) embalming services; and
181          (B) funeral directing services;
182          (iii) real property; or

183          (iv) personal property, including:
184          (A) a casket;
185          (B) another primary container;
186          (C) a cremation, alkaline hydrolysis, or transportation container;
187          (D) an outer burial container;
188          (E) a vault;
189          (F) a grave liner;
190          (G) funeral clothing and accessories;
191          (H) a monument;
192          (I) a grave marker; and
193          (J) a cremation or alkaline hydrolysis urn.
194          (b) "Preneed funeral arrangement" does not include a policy or product of life
195     insurance providing a death benefit cash payment upon the death of the beneficiary which is
196     not limited to providing the products or services described in Subsection (23)(a).
197          [(24)] (27) "Processing" means the reduction of identifiable bone fragments after the
198     completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments
199     by manual means.
200          [(25)] (28) "Pulverization" means the reduction of identifiable bone fragments after the
201     completion of the cremation or alkaline hydrolysis and processing to granulated particles by
202     manual or mechanical means.
203          (29) "Resomation" means the alkaline hydrolysis process.
204          [(26)] (30) "Sales agent" means an individual licensed under this chapter as a preneed
205     funeral arrangement sales agent.
206          [(27)] (31) "Temporary container" means a receptacle for cremated or alkaline
207     hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the
208     cremated remains until an urn or other permanent container is acquired.
209          [(28)] (32) "Unlawful conduct" [is as] means the same as that term is defined in
210     Sections 58-1-501 and 58-9-501.
211          [(29)] (33) "Unprofessional conduct" [is as] means the same as that term is defined in
212     Sections 58-1-501 and 58-9-502.
213          [(30)] (34) "Urn" means a receptacle designed to permanently encase [the] cremated or

214     alkaline hydrolysis remains.
215          Section 2. Section 58-9-302 is amended to read:
216          58-9-302. Qualifications for licensure.
217          (1) Each applicant for licensure as a funeral service director shall:
218          (a) submit an application in a form prescribed by the division;
219          (b) pay a fee as determined by the department under Section 63J-1-504;
220          (c) be of good moral character in that the applicant has not been convicted of:
221          (i) a first or second degree felony;
222          (ii) a misdemeanor involving moral turpitude; or
223          (iii) any other crime that when considered with the duties and responsibilities of a
224     funeral service director is considered by the division and the board to indicate that the best
225     interests of the public are not served by granting the applicant a license;
226          (d) have obtained a high school diploma or its equivalent or a higher education degree;
227          (e) have obtained an associate degree, or its equivalent, in mortuary science from a
228     school of funeral service accredited by the American Board of Funeral Service Education or
229     other accrediting body recognized by the U.S. Department of Education;
230          (f) have completed not less than 2,000 hours and 50 embalmings, over a period of not
231     less than one year, of satisfactory performance in training as a licensed funeral service intern
232     under the supervision of a licensed funeral service director; and
233          (g) obtain a passing score on examinations approved by the division in collaboration
234     with the board.
235          (2) Each applicant for licensure as a funeral service intern shall:
236          (a) submit an application in a form prescribed by the division;
237          (b) pay a fee as determined by the department under Section 63J-1-504;
238          (c) be of good moral character in that the applicant has not been convicted of:
239          (i) a first or second degree felony;
240          (ii) a misdemeanor involving moral turpitude; or
241          (iii) any other crime that when considered with the duties and responsibilities of a
242     funeral service intern is considered by the division and the board to indicate that the best
243     interests of the public are not served by granting the applicant a license;
244          (d) have obtained a high school diploma or its equivalent or a higher education degree;

245     and
246          (e) obtain a passing score on an examination approved by the division in collaboration
247     with the board.
248          (3) Each applicant for licensure as a funeral service establishment and each funeral
249     service establishment licensee shall:
250          (a) submit an application in a form prescribed by the division;
251          (b) pay a fee as determined by the department under Section 63J-1-504;
252          (c) have in place:
253          (i) an embalming room for preparing dead human bodies for burial or final disposition,
254     which may serve one or more facilities operated by the applicant;
255          (ii) a refrigeration room that maintains a temperature of not more than 40 degrees
256     fahrenheit for preserving dead human bodies prior to burial or final disposition, which may
257     serve one or more facilities operated by the applicant; and
258          (iii) maintain at all times a licensed funeral service director who is responsible for the
259     day-to-day operation of the funeral service establishment and who is personally available to
260     perform the services for which the license is required;
261          (d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service
262     director if the funeral service establishment sells preneed funeral arrangements;
263          (e) file with the completed application a copy of each form of contract or agreement the
264     applicant will use in the sale of preneed funeral arrangements; [and]
265          (f) provide evidence of appropriate licensure with the Insurance Department if the
266     applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
267     in part by an insurance policy or product to be sold by the provider or the provider's sales
268     agent[.]; and
269          (g) if the applicant intends to offer alkaline hydrolysis in a funeral service
270     establishment, provide evidence that in accordance with rules made by the division in
271     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
272          (i) the funeral service establishment meets the minimum standards for the handling,
273     holding, and processing of deceased human remains in a safe, clean, private, and respectful
274     manner; and
275          (ii) all operators of the alkaline hydrolysis equipment have received adequate training.

276          (4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
277          (a) submit an application in a form prescribed by the division;
278          (b) pay a fee as determined by the department under Section 63J-1-504;
279          (c) be of good moral character in that the applicant has not been convicted of:
280          (i) a first or second degree felony;
281          (ii) a misdemeanor involving moral turpitude; or
282          (iii) any other crime that when considered with the duties and responsibilities of a
283     preneed funeral sales agent is considered by the division and the board to indicate that the best
284     interests of the public are not served by granting the applicant a license;
285          (d) have obtained a high school diploma or its equivalent or a higher education degree;
286          (e) have obtained a passing score on an examination approved by the division in
287     collaboration with the board;
288          (f) affiliate with a licensed funeral service establishment; and
289          (g) provide evidence of appropriate licensure with the Insurance Department if the
290     applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
291     in part by an insurance policy or product.
292          Section 3. Section 58-9-601 is amended to read:
293          58-9-601. Advance directions.
294          (1) A person may provide written directions, acknowledged before a Notary Public or
295     executed with the same formalities required of a will under Section 75-2-502, to direct the
296     preparation, type, and place of the person's disposition, including:
297          (a) designating a funeral service establishment;
298          (b) providing directions for burial arrangements; [or]
299          (c) providing directions for cremation arrangements[.]; or
300          (d) providing directions for alkaline hydrolysis arrangements.
301          (2) A funeral service director shall carry out the written directions of the decedent
302     prepared under this section to the extent that:
303          (a) the directions are lawful; and
304          (b) the decedent has provided resources to carry out the directions.
305          (3) Directions for disposition contained in a will shall be carried out pursuant to
306     Subsection (2) regardless of:

307          (a) the validity of other aspects of the will; or
308          (b) the fact that the will may not be offered or admitted to probate until a later date.
309          (4) A person may change or cancel written directions prepared under this section at any
310     time prior to the person's death by providing written notice to all applicable persons, including:
311          (a) if the written directions designate a funeral service establishment or funeral service
312     director, the funeral service establishment or funeral service director designated in the written
313     directions; and
314          (b) if the written directions are contained in a will, the personal representative as
315     defined in Section 75-1-201.
316          Section 4. Section 58-9-606 is amended to read:
317          58-9-606. Right to rely -- Immunity.
318          (1) A person signing a funeral service agreement, cremation authorization form,
319     alkaline hydrolysis authorization form, or other authorization for a decedent's disposition
320     warrants the truthfulness of the facts set forth in the document, including the identity of the
321     decedent and the person's authority to order the disposition.
322          (2) A funeral service establishment has the right to rely on a contract or authorization
323     executed under Subsection (1) and may carry out the instructions of the person whom its
324     funeral service director reasonably believes holds the right of disposition.
325          (3) A funeral service director incurs no civil or criminal liability for failure to contact
326     or independently investigate the existence of any next-of-kin or relative of the decedent.
327          (4) If there are at least two persons in the nearest class of the next-of-kin who are equal
328     in priority and a funeral service director has no knowledge of an objection by other members of
329     the class, the funeral service director may rely on and act according to the instructions of the
330     first person in the class to make funeral and disposition arrangements.
331          (5) A funeral service establishment or funeral service director who relies in good faith
332     on the instructions of a person claiming the right of disposition under this part is immune from
333     civil and criminal liability and disciplinary action in carrying out the disposition of a decedent's
334     remains in accordance with that person's instructions.
335          Section 5. Section 58-9-611 is amended to read:
336          58-9-611. Disposition of cremated remains.
337          (1) (a) An authorizing agent shall provide the person with whom cremation

338     arrangements are made with a signed statement specifying the final disposition of the cremated
339     remains, if known.
340          (b) The funeral services establishment shall retain a copy of the statement.
341          (2) (a) The authorizing agent is responsible for the disposition of the cremated remains.
342          (b) If the authorizing agent or the agent's representative has not specified the ultimate
343     disposition of or claimed the cremated remains within 60 days from the date of the cremation,
344     the funeral service establishment may dispose of the remains in any manner permitted by law,
345     except scattering.
346          (c) The authorizing agent shall reimburse the funeral services establishment for all
347     reasonable costs incurred in disposing of the cremated remains under Subsection (2)(b).
348          (d) The person or entity disposing of cremated remains under this section:
349          (i) shall make and keep a record of the disposition of the remains; and
350          (ii) is discharged from any legal obligation or liability concerning the remains once the
351     disposition has been made.
352          (e) Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeral
353     services establishment or other responsible party as of May 5, 2008, or any time after that date.
354          (3) (a) An authorizing agent may direct a funeral service establishment to dispose of or
355     arrange for the disposition of cremated remains:
356          (i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
357          (ii) by scattering them over [inhabited] uninhabited public land, the sea, or other public
358     waterways subject to health and environmental laws and regulations; or
359          (iii) in any manner on the private property of a consenting owner.
360          (b) If cremated remains are to be disposed of on private property, other than dedicated
361     cemetery property, the authorizing agent shall provide the funeral service establishment with
362     the written consent of the property owner prior to disposal of the remains.
363          (c) In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remains
364     must be reduced to a particle size of one-eighth inch or less and removed from their closed
365     container.
366          (4) A funeral service establishment may not release cremated remains for scattering
367     under this section to the authorizing agent or the agent's designated representative until the
368     funeral service establishment is given a receipt that shows the proper filing has been made with

369     the local registrar of births and deaths.
370          Section 6. Section 58-9-613 is enacted to read:
371          58-9-613. Authorization for alkaline hydrolysis -- Penalties for removal of items
372     from human remains.
373          (1) Except as otherwise provided in this section, a funeral service establishment may
374     not perform alkaline hydrolysis on human remains until the funeral service establishment has
375     received:
376          (a) an alkaline hydrolysis authorization form signed by an authorizing agent;
377          (b) a completed and executed burial transit permit or similar document, as provided by
378     state law, indicating that disposition of the human remains are to be by alkaline hydrolysis; and
379          (c) any other documentation required by the state, county, or municipality.
380          (2) (a) The alkaline hydrolysis authorization form shall contain, at a minimum, the
381     following information:
382          (i) the identity of the human remains and the time and date of death, including a signed
383     declaration of visual identification of the deceased or refusal to visually identify the deceased;
384          (ii) the name of the funeral director and funeral service establishment that obtained the
385     alkaline hyrdrolysis authorization;
386          (iii) notification as to whether the death occurred from a disease declared by the
387     Department of Health to be infectious, contagious, communicable, or dangerous to the public
388     health;
389          (iv) the name of the authorizing agent and the relationship between the authorizing
390     agent and the decedent;
391          (v) a representation that the authorizing agent has the right to authorize the disposition
392     of the decedent by alkaline hydrolysis and that the authorizing agent is not aware of any living
393     person with a superior or equal priority right to that of the authorizing agent, except that if
394     there is another living person with a superior or equal priority right, the form shall contain a
395     representation that the authorizing agent has:
396          (A) made reasonable efforts to contact that person;
397          (B) been unable to do so; and
398          (C) no reason to believe that the person would object to the disposition of the decedent
399     by alkaline hydrolysis;

400          (vi) authorization for the funeral service establishment to use alkaline hydrolysis for
401     the disposition of the human remains;
402          (vii) the name of the person authorized to receive the human remains from the funeral
403     service establishment;
404          (viii) the manner in which the final disposition of the human remains is to take place, if
405     known;
406          (ix) a listing of each item of value to be delivered to the funeral service establishment
407     along with the human remains, and instructions as to how each item should be handled;
408          (x) the signature of the authorizing agent, attesting to the accuracy of all
409     representations contained on the authorization form;
410          (xi) if the alkaline hydrolysis authorization form is being executed on a preneed basis,
411     the form shall contain the disclosure required for preneed programs under this chapter; and
412          (xii) except for a preneed alkaline hydrolysis authorization, the signature of the funeral
413     director of the funeral service establishment that obtained the alkaline hydrolysis authorization.
414          (b) (i) The individual referred to in Subsection (2)(a)(xii) shall execute the funeral
415     authorization form as a witness and is not responsible for any of the representations made by
416     the authorizing agent.
417          (ii) The funeral director or the funeral service establishment shall warrant that the
418     human remains delivered to the funeral service establishment have been positively identified as
419     the decedent listed on the alkaline hydrolysis authorization form by the authorizing agent or a
420     designated representative of the authorizing agent.
421          (iii) The authorizing agent or the agent's designee may make the identification referred
422     to in Subsection (2)(b)(ii) in person or by photograph.
423          (3) (a) A funeral service establishment may not accept unidentified human remains for
424     alkaline hydrolysis.
425          (b) If a funeral service establishment takes custody of an alkaline hydrolysis container
426     subsequent to the human remains being placed within the container, the funeral service
427     establishment can rely on the identification made before the remains were placed in the
428     container.
429          (c) The funeral service establishment shall place appropriate identification on the
430     exterior of the alkaline hydrolysis container based on the prior identification.

431          (4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos
432     from human remains:
433          (i) with purpose to deprive another over control of the property is guilty of an offense
434     and subject to the punishments provided in Section 76-6-412;
435          (ii) with purpose to exercise unauthorized control and with intent to temporarily
436     deprive another of control over the property is guilty of an offense and subject to the
437     punishments provided in Section 76-6-404.5; and
438          (iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
439     specific written permission of the individual who has the right to control those remains is guilty
440     of a class B misdemeanor.
441          (b) The fact that residue or any unavoidable dental gold or dental silver or other
442     precious metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline
443     hydrolysis process is not a violation of Subsection (4)(a).
444          Section 7. Section 58-9-614 is enacted to read:
445          58-9-614. Recordkeeping.
446          (1) (a) A funeral service establishment shall furnish to the person who delivers human
447     remains to the establishment for alkaline hydrolysis a receipt signed by a representative of the
448     establishment and the person making the delivery, showing:
449          (i) the date and time of the delivery;
450          (ii) the type of casket or alternative container delivered;
451          (iii) the name of the person from whom the human remains were received;
452          (iv) the name of the funeral establishment or other entity with whom the person making
453     the delivery is affiliated;
454          (v) the name of the person who received the human remains on behalf of the funeral
455     service establishment; and
456          (vi) the name of the decedent.
457          (b) The funeral service establishment shall keep a copy of the receipt in the funeral
458     service establishment's permanent records for a period of seven years.
459          (2) (a) Upon release of human remains after alkaline hydrolysis, a funeral service
460     establishment shall furnish to the person who receives the human remains a receipt signed by a
461     representative of the funeral service establishment and the person who receives the remains,

462     showing:
463          (i) the date and time of the release;
464          (ii) the name of the person to whom the human remains were released; and
465          (iii) if applicable:
466          (A) the name of the funeral establishment, cemetery, or other entity with whom the
467     person receiving the human remains is affiliated;
468          (B) the name of the person who released the human remains on behalf of the funeral
469     service establishment; and
470          (C) the name of the decedent.
471          (b) (i) The receipt shall contain a representation from the person receiving the human
472     remains confirming that the remains will not be used for any improper purpose.
473          (ii) Upon release of the human remains, the person to whom the remains were released
474     may transport them in any manner in the state, without a permit, and dispose of them in
475     accordance with this chapter.
476          (c) The funeral service establishment shall retain a copy of the receipt in the funeral
477     service establishment's permanent records for a period of seven years.
478          (3) (a) The funeral service establishment shall maintain at the funeral service
479     establishment's place of business a permanent record of each disposition by alkaline hydrolysis
480     that took place at the funeral service establishment.
481          (b) The permanent record shall contain:
482          (i) the name of the decedent;
483          (ii) the date of disposition by alkaline hydrolysis;
484          (iii) the final disposition of the human remains; and
485          (iv) any other document required by this chapter.
486          Section 8. Section 58-9-615 is enacted to read:
487          58-9-615. Accepting remains for alkaline hydrolysis.
488          (1) A funeral service establishment may not make or enforce a rule requiring that
489     human remains be placed in a casket before alkaline hydrolysis.
490          (2) A funeral service establishment may not refuse to accept human remains for
491     alkaline hydrolysis because they are not in a casket.
492          Section 9. Section 58-9-616 is enacted to read:

493          58-9-616. Procedure for alkaline hydrolysis.
494          (1) A funeral service establishment may not perform alkaline hydrolysis on human
495     remains until the funeral service establishment:
496          (a) completes and files a death certificate with the Office of Vital Statistics and the
497     county health department as indicated on the regular medical certificate of death or the
498     coroner's certificate; and
499          (b) complies with the provisions of Section 26-4-29.
500          (2) While human remains are in the area where alkaline hydrolysis takes place, both
501     before and during the alkaline hydrolysis process and while being removed from the alkaline
502     hydrolysis chamber, only authorized persons are permitted in the area.
503          (3) Simultaneous alkaline hydrolysis of the human remains of more than one person
504     within the same alkaline hydrolysis chamber is not allowed.
505          (4) A funeral service establishment shall:
506          (a) verify the identification of human remains as indicated on an alkaline hydrolysis
507     container immediately before performing alkaline hydrolysis;
508          (b) attach an identification tag to the alkaline hydrolysis container;
509          (c) remove the identification tag from the alkaline hydrolysis container; and
510          (d) place the identification tag near the alkaline hydrolysis chamber where the
511     identification tag shall remain until the alkaline hydrolysis process is complete.
512          (5) Upon completion of the alkaline hydrolysis process, the funeral service
513     establishment shall:
514          (a) dispose of liquid remains in accordance with state and local requirements;
515          (b) insofar as possible, remove all of the recoverable residue of the alkaline hydrolysis
516     process from the alkaline hydrolysis chamber;
517          (c) separate all other residue from the alkaline hydrolysis process from remaining bone
518     fragments, insofar as possible, and process the bone fragments so as to reduce them to
519     unidentifiable particles; and
520          (d) remove anything other than the unidentifiable bone particles from the alkaline
521     hydrolysis residuals, insofar as possible, and dispose of that material.
522          (6) (a) A funeral service establishment shall pack the remains of the alkaline hydrolysis
523     process, including the identification tag described in Subsection (4), in a temporary container

524     or urn ordered by the authorizing agent.
525          (b) The container or urn shall be packed in clean packing materials and not be
526     contaminated with any other object, unless otherwise directed by the authorizing agent.
527          (c) If the remains cannot fit within the designated temporary container or urn, the
528     funeral service establishment shall:
529          (i) return the excess to the authorizing agent or the agent's representative in a separate
530     container; and
531          (ii) mark both containers or urns on the outside with the name of the deceased person
532     and an indication that the remains of the named decedent are in both containers or urns.
533          (7) (a) If the remains are to be shipped, then the funeral service establishment shall
534     pack the designated temporary container or urn in a suitable, sturdy container.
535          (b) The funeral service establishment shall have the remains shipped only by a method
536     that:
537          (i) has an available tracking system; and
538          (ii) provides a receipt signed by the person accepting delivery.
539          Section 10. Section 58-9-617 is enacted to read:
540          58-9-617. Final disposition of remains from the alkaline hydrolysis process.
541          (1) (a) An authorizing agent shall provide the person with whom alkaline hydrolysis
542     arrangements are made with a signed statement specifying the final disposition of the remains
543     from the alkaline hydrolysis process, if known.
544          (b) The funeral service establishment shall retain a copy of the statement.
545          (2) (a) The authorizing agent is responsible for the final disposition of the remains
546     from the alkaline hydrolysis process.
547          (b) If the authorizing agent or the agent's representative has not specified the ultimate
548     disposition of or claimed the remains from the alkaline hydrolysis process within 60 days from
549     the date of the alkaline hydrolysis process, the funeral service establishment may dispose of the
550     remains in any manner permitted by law, except scattering.
551          (c) The authorizing agent shall reimburse the funeral service establishment for all
552     reasonable costs incurred in disposing of the remains from the alkaline hydrolysis process
553     under Subsection (2)(b).
554          (d) The person or entity disposing of remains from the alkaline hydrolysis process

555     under this section:
556          (i) shall make and keep a record of the final disposition of the remains; and
557          (ii) is discharged from any legal obligation or liability concerning the remains once the
558     final disposition has been made.
559          (3) (a) An authorizing agent may direct a funeral service establishment to dispose of or
560     arrange for the final disposition of remains from the alkaline hydrolysis process:
561          (i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
562          (ii) by scattering the remains over uninhabited public land, the sea, or other public
563     waterways subject to health and environmental laws and regulations; or
564          (iii) in any manner on the private property of a consenting owner.
565          (b) If remains from the alkaline hydrolysis process are to be disposed of on private
566     property, other than dedicated cemetery property, the authorizing agent shall provide the
567     funeral service establishment with the written consent of the property owner before disposal of
568     the remains.
569          (c) In order to scatter remains from the alkaline hydrolysis process under Subsection
570     (3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and
571     removed from the remains' closed container.
572          (4) A funeral service establishment may not release remains from the alkaline
573     hydrolysis process for scattering under this section to the authorizing agent or the agent's
574     designated representative until the funeral service establishment is given a receipt that shows
575     the proper filing has been made with the local registrar of births and deaths.
576          Section 11. Section 58-9-618 is enacted to read:
577          58-9-618. Limitation of liability.
578          (1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants
579     the truthfulness of the facts set forth on the form, including:
580          (a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis
581     process; and
582          (b) the authorizing agent's authority to order the alkaline hydrolysis process.
583          (2) A funeral service establishment may rely upon the representations made by an
584     authorizing agent under Subsection (1).
585          (3) The authorizing agent is personally and individually liable for all damage resulting

586     from a misstatement or misrepresentation made under Subsection (1).
587          (4) (a) A funeral service establishment may arrange for the alkaline hydrolysis process
588     upon receipt of an alkaline hydrolysis authorization form signed by an authorizing agent.
589          (b) A funeral service establishment that arranges the alkaline hydrolysis process or
590     releases or disposes of human remains from the alkaline hydrolysis process pursuant to an
591     alkaline hydrolysis authorization form is not liable for an action the funeral service
592     establishment takes pursuant to that authorization.
593          (5) A funeral service establishment is not responsible or liable for any valuables
594     delivered to the establishment with human remains.
595          (6) A funeral service establishment may refuse to arrange for the alkaline hydrolysis
596     process of a decedent, to accept human remains for the alkaline hydrolysis process, or to
597     perform the alkaline hydrolysis process:
598          (a) if the establishment is aware of a dispute concerning the disposition of the human
599     remains and the funeral service establishment has not received a court order or other suitable
600     confirmation that the dispute has been resolved;
601          (b) if the establishment has a reasonable basis for questioning any of the
602     representations made by an authorizing agent; or
603          (c) for any other lawful reason.
604          (7) (a) If a funeral service establishment is aware of a dispute concerning the release or
605     disposition of remains from the alkaline hydrolysis process in the funeral service
606     establishment's possession, the establishment may refuse to release the remains until:
607          (i) the dispute has been resolved; or
608          (ii) the funeral service establishment has received a court order authorizing the release
609     or disposition of the remains.
610          (b) A funeral service establishment is not liable for its refusal to release or dispose of
611     remains from the alkaline hydrolysis process in accordance with this Subsection (7).






Legislative Review Note
Office of Legislative Research and General Counsel