32-1398. Crematories; disciplinary action; acts of crematory

A. The board may take disciplinary action against a crematory or an agent or employee of a crematory for any of the following acts:

1. Unless otherwise permitted by law, selling or offering to sell a cremation that is not arranged by a funeral establishment licensed pursuant to article 4 of this chapter. This paragraph does not prohibit charging a cremation fee.

2. Unless otherwise permitted by law, selling or offering to sell any funeral goods or services other than cremation.

3. Cremating or causing the cremation of a dead human body before obtaining certification from the county medical examiner or person performing the duties of the county medical examiner pursuant to section 11-599 and, if the deceased person did not execute a document authorizing the deceased person's cremation pursuant to section 32-1365.01, before obtaining express written consent to cremate the body from the authorizing agent pursuant to section 32-1365.02.

4. Using a retort for any purpose other than the cremation of human remains.

5. Cremating more than one dead human body at the same time in the same retort without the express written consent of the authorizing agents.

6. Introducing a second dead human body into a retort before reasonable efforts have been made to remove all fragments of the cremated remains from the preceding cremation without the express written consent of the authorizing agents. Incidental and unavoidable residue remaining in a retort after a cremation does not constitute a violation of this paragraph.

7. Introducing the cremated human remains of a second dead human body into a processor before the termination of the processing of the cremated human remains that were previously in the processor and before reasonable efforts have been made to remove all fragments of cremated remains from the preceding processing without the express written consent of the authorizing agents. Incidental and unavoidable residue remaining in a processor after a processing does not constitute a violation of this paragraph.

8. Retaining any accumulated human residue from any retort, processor, container or other equipment used in cremation. A crematory shall dispose of all accumulated human residue in a cemetery in accordance with the rules of the cemetery and any applicable local ordinances.

9. Selling or offering for sale anything of value obtained as a result of the cremation process.

10. Violating any provision of this chapter or a rule adopted pursuant to this chapter.

B. The acts of an agent or employee of a crematory that violate this chapter or rules adopted pursuant to this chapter shall be deemed to be acts of the crematory.