(a) It shall be unlawful for any person to incinerate or cremate a dead body or parts thereof; provided, however, that the provisions of this subsection shall not apply to a crematory licensed by the State Board of Funeral Service pursuant to Chapter 18 of Title 43 or to a hospital, clinic, laboratory, or other facility authorized by the Department of Human Resources and in a manner approved by the commissioner of human resources.

(b) A person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.