Title 31, Chapter 10, Section 20
( 31-10-20)
(a) The funeral director or person acting as such or other person
who first assumes custody of a dead body or fetus shall obtain a
disposition permit for cremation or removal from the state. A
disposition permit may be required within the state by local
authorities. (b) Such disposition permit shall be made available by the local
registrar of the county where the death or fetal death occurred, or
body or fetus was found, 24 hours a day, seven days a week. The
registrar will issue a disposition permit immediately upon request
from the licensed funeral director or his agent in charge of the
body or fetus. The request for a disposition permit may be received
by the registrar either orally or in writing. The registrar may
respond to the request by any means utilized in the normal course of
transacting business including, but not limited to, transmission by
facsimile machine. (c) A disposition permit issued under the law of another state which
accompanies a dead body or fetus brought into this state shall be
authority for final disposition of the body or fetus in this state. (d) Prior to final disposition of a dead fetus, irrespective of the
duration of pregnancy, the funeral director or person acting as
such, the person in charge of the institution, or other person
assuming responsibility for final disposition of the fetus shall
obtain from the parent(s) authorization for final disposition. (e) Disposition permits shall not be required where disposition of
fetal remains is within the institution of occurrence and a registry
of such events is maintained by the institution. (f) Authorization for disinterment and reinterment shall be required
prior to disinterment of a dead body or fetus. Such authorization
shall be issued by the local registrar to a licensed funeral
director or other person acting as such, upon proper application, in
the county in which the dead body or dead fetus was originally
interred and a local registrar who issues such authorization shall
not be civilly or criminally liable therefor if it is issued in good
faith. A permit shall not be required when disinterment and
reinterment are in the same cemetery. (g) The department shall prescribe rules and regulations so that the
local registrars may permit hospitals, funeral homes, or others in
their respective counties to issue disposition permits. |