CHAPTER 183 SENATE BILL No. 214 An  Act concerning the Kansas state board of mortuary arts; regulating crematories; amend-
ing K.S.A. 65-1723 and 65-1732 and K.S.A. 2000 Supp. 65-1727 and repealing the ex-
isting sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. As used in this act, unless the context clearly shows
otherwise:

      (a) ``Alternative container'' means a receptacle, other than a casket,
in which dead human bodies are transported to the crematory and placed
in the cremation chamber for cremation. An alternative container shall
be (1) composed of readily combustible materials suitable for cremation,
(2) able to be closed in order to provide a complete covering for the dead
human bodies, (3) resistant to leakage or spillage, (4) rigid enough for
handling with ease, and (5) able to provide protection for the health,
safety and personal integrity of crematory personnel.

      (b) ``Authorizing agent'' means a person legally entitled to authorize
the cremation and final disposition of specific dead human bodies as de-
fined in K.S.A. 2000 Supp. 65-1734, and amendments thereto.

      (c) ``Board'' means the state board of mortuary arts.

      (d) ``Cremated remains'' means all human remains recovered after
the completion of the cremation of a dead human body, which may pos-
sibly include the residue of any foreign matter including casket material,
bridgework or eyeglasses, that was cremated with the dead human body.

      (e) ``Cremation'' means the reduction of a dead human body to es-
sential elements through direct exposure to intense heat and flame and
the repositioning or movement of the body during the process to facilitate
reduction, the processing of the cremated remains after removal from the
cremation chamber, placement of the processed remains in a cremated
remains container and release of the cremated remains to an appropriate
party.

      (f) ``Cremation chamber'' means the enclosed space within which the
cremation of a dead human body is performed. Such chambers shall be
used exclusively for the cremation of human remains.

      (g) ``Crematory'' means a business premises that houses the crema-
tion chamber and holding facility where dead human bodies are cre-
mated. A crematory shall be maintained at a fixed and specific street
address.

      (h) ``Crematory operator in charge'' means the crematory operator
who is responsible to ensure that the crematory's license is current and
that the licensed crematory is in compliance with the laws and regulations
of this state. Nothing in this definition shall relieve other persons involved
with a cremation from complying with state and federal laws and regu-
lations.

      (i) ``Dead human body'' means a lifeless human body or such parts
of a human body or the bones thereof from the state of which it reasonably
may be concluded that death recently occurred.

      (j) ``Funeral director'' means a person who holds a current license as
a funeral director issued by the board.

      (k) ``Funeral establishment'' means a funeral establishment or branch
establishment as licensed by the board.

      (l) ``Holding facility'' means an area within or adjacent to a licensed
crematory designated for the retention of dead human bodies prior to the
act of cremation that shall:

      (1) Comply with any applicable public health statute, regulation or
ordinance;

      (2) preserve the dignity of the dead human body;

      (3) recognize the integrity, health and safety of the crematory's per-
sonnel operating the crematory; and

      (4) be secure from access by anyone other than authorized personnel.

      (m) ``Potentially hazardous implant'' means any device previously
placed within the now deceased human body that would result in poten-
tial harm or damage at any time during the cremation process.

      (n) ``Temporary container'' means a receptacle for cremated remains,
usually composed of cardboard, plastic or similar material, that can be
closed in a manner that prevents the leakage or spillage of the cremated
remains or the entrance of foreign material, and is a single container of
sufficient size to hold the cremated remains.

      (o) ``Urn'' means a receptacle designed to encase the cremated re-
mains.

      New Sec.  2. (a) No person shall operate a crematory to cremate a
dead human body or cause any dead human body to be cremated unless
the crematory is licensed under this act.

      (b) Any building used as a crematory shall comply with all applicable
local and state building codes, zoning laws, ordinances and environmental
standards. A crematory shall have, on site, a motorized mechanical device
for processing cremated remains either in the building or adjacent to it
and a holding facility for the retention of dead human bodies awaiting
cremation. The holding facility shall be secure from access by anyone
except authorized personnel of the crematory, shall preserve the dignity
of the dead human bodies and shall protect the health and safety of the
crematory personnel.

      (c) All applications for licensure as a crematory shall be on forms
furnished and prescribed by the state board of mortuary arts.

      New Sec.  3. (a) The crematory operator in charge shall supervise the
licensed crematory on a full-time or a part-time basis and perform such
other duties relating to the supervision of a licensed crematory as pre-
scribed by the board by rules and regulations.

      (b) No crematory or crematory operator in charge shall cremate or
cause to be cremated any dead human body until it has received:

      (1) A cremation authorization form signed by an authorizing agent.
The written authorization shall include:

      (A) The identity of the dead human body and the time and date of
death;

      (B) the name of the funeral director or assistant funeral director and
the funeral establishment or branch establishment, or the authorizing
agent if, that obtained the cremation authorization;

      (C) notification as to whether the cause of death occurred from a
disease declared by the department of health and environment to be
infectious, contagious, communicable or dangerous to the public health;

      (D) the name of the authorizing agent and the relationship between
the authorizing agent and the decedent;

      (E) authorization for the crematory to cremate the dead human body;

      (F) a representation that the dead human body does not contain a
pacemaker or any other material or implant that may be potentially haz-
ardous or cause damage to the cremation chamber or the person per-
forming the cremation;

      (G) the name of the person authorized to receive the cremated re-
mains from the crematory; and

      (H) the signature of the authorizing agent, attesting to the accuracy
of all representations contained on the cremation authorization form.

      (2) A completed and executed coroner's permit to cremate, as is pro-
vided in K.S.A. 65-2426a and amendments thereto, indicating that the
dead human body is to be cremated.

      New Sec.  4. (a) No body shall be cremated with a pacemaker or
other potentially hazardous implant in place. The authorizing agent for
the cremation of the dead human body shall be responsible for informing
the licensed funeral director, assistant funeral director, embalmer or cre-
matory operator in charge about a known pacemaker or other potentially
hazardous implant. The authorizing agent shall be responsible for ensur-
ing that any known pacemaker or hazardous implant is removed before
delivery of the dead human body to the crematory. Bodies with pace-
makers or hazardous implants in the custody of a crematory operator shall
have any pacemaker or hazardous implant removed by an embalmer at a
funeral establishment or branch establishment with an embalming prep-
aration room unless the removal is to take place at a medical facility by
the appropriate medical personnel.

      (b) A crematory shall hold dead human bodies, prior to their cre-
mation, according to the following provisions of this subsection:

      (1) Whenever a crematory is unable to cremate the dead human body
immediately upon taking custody thereof, the crematory operator in
charge shall place the dead human body in a refrigeration facility at 40
degrees fahrenheit or less, unless the dead human body has been em-
balmed, or shall store the dead human body in a cremation container at
a funeral establishment or branch establishment; and

      (2) a crematory operator in charge shall not be required to accept for
holding a cremation container from which there is any evidence of leakage
of body fluids from the dead human body therein.

      (c) No unauthorized person shall be permitted in the crematory area
while any dead human body is in the crematory area awaiting cremation,
being cremated or being removed from the cremation chamber.

      (d) The simultaneous cremation of more than one dead human body
within the same cremation chamber is prohibited without specific written
authorization to do so from all authorizing agents for the dead human
bodies to be so cremated. Such written authorization shall exempt the
crematory operator in charge from all liability for the comingling of the
cremated remains during the cremation process.

      (e) The crematory shall maintain an identification system that will
insure that the cremated remains can be identified, as indicated on the
cremation authorization form, throughout all phases of the cremation
process.

      (f) Upon completion of the cremation, and insofar as practicable, all
of the recoverable residue of the cremation process shall be removed
from the cremation chamber. If possible, the noncombustible materials
or items shall be separated from the cremated remains and disposed of,
in a lawful manner, by the crematory. The cremated remains shall be
reduced by motorized mechanical device to granulated appearance ap-
propriate for final disposition.

      (g) Cremated remains shall be packed as follows:

      (1) The cremated remains with proper identification shall be placed
in a temporary container or urn, unless specific written authorization has
been received from the authorizing agent or as provided in paragraph (2)
of this subsection. The temporary container or urn contents shall be
packed with clean packing materials;

      (2) if the cremated remains will not fit within the dimensions of a
temporary container or urn, the remainder of the cremated remains shall
be returned to the authorizing agent or its representative in a separate
container attached to the first container or urn identifying such containers
as belonging together;

      (3) when a temporary container is used to return the cremated re-
mains, that container shall be, at a minimum, a cardboard box with all
seams taped closed to increase the security and integrity of that container.
The outside of the container shall be clearly identified with the name of
the crematory and an indication that the container is a temporary con-
tainer; and

      (4) if the cremated remains are to be shipped, the temporary con-
tainer or designated receptacle ordered by the authorizing agent shall be
securely packed in a suitable, sturdy, non-fragile container and sealed
properly. Cremated remains shall be shipped only by a method which has
an internal tracing system available and which provides a receipt signed
by the person accepting delivery.

      New Sec.  5. (a) An authorizing agent signing a cremation authori-
zation form shall be deemed to warrant the truthfulness of any facts set
forth in such cremation authorization form, including the identity of the
deceased whose remains are sought to be cremated and such authoriza-
tion agent's authority to order such cremation. Any person signing a cre-
mation authorization form as an authorizing agent shall be personally and
individually liable for all damage occasioned thereby and resulting there-
from. A crematory operator in charge or a funeral director may rely upon
the representations of the authorizing agent in the cremation authoriza-
tion form.

      (b) A funeral director, assistant funeral director or crematory opera-
tor in charge shall have the authority to arrange the cremation of a dead
human body upon the receipt of a cremation authorization form signed
by an authorizing agent. A funeral director, assistant funeral director or
crematory operator in charge who pursuant to a cremation authorization
arranges a cremation, cremates a dead human body then releases or dis-
poses of the cremated remains shall not be liable for such acts.

      (c) A funeral director, assistant funeral director or crematory operator
in charge who refuses to arrange a cremation to accept a dead human
body or to perform a cremation shall not be liable for refusing to arrange,
to accept the dead human body or to perform the cremation until they
receive a court order or other suitable confirmation that the cause of the
refusal has been settled. Circumstances causing such a refusal may in-
clude:

      (1) Awareness of a dispute concerning the cremation of the dead
human body; or

      (2) a reasonable basis for questioning any of the representations made
by the authorizing agent; or

      (3) any other lawful reason.

      New Sec.  6. If an authorizing agent informs the funeral director, as-
sistant funeral director or the crematory operator in charge on the cre-
mation authorization form of the presence of a pacemaker or hazardous
implant in the dead human body such informed person shall be respon-
sible for ensuring that all necessary steps have been taken to remove the
pacemaker or hazardous implant. Should a funeral director or assistant
funeral director who delivers a dead human body to a crematory after
being informed that a pacemaker or hazardous implant is within the dead
human body and fails to ensure that the pacemaker or hazardous implant
has been removed from the dead human body pursuant to subsection (b)
of section 3 and amendments thereto, prior to delivery, and should the
dead human body be cremated with the pacemaker or hazardous implant,
then such funeral director or assistant funeral director who delivered the
dead human body to the crematory shall be liable for all resulting dam-
ages.

      New Sec.  7. (a) The state board of mortuary arts shall adopt rules
and regulations for the administration and implementation of this act.
Such rules and regulations shall include the conditions under which dead
human bodies of persons who died from an infectious, contagious, com-
municable or dangerous disease can be transported from any place in the
state to a crematory for the purpose of cremation; shall establish minimal
standards of sanitation, required equipment and fire protection for all
crematories as deemed necessary for the protection of the public.

      (b) A crematory operator in charge may adopt reasonable policies,
not inconsistent with this act or rules and regulations adopted by the
board.

      (c) The state board of mortuary arts may refuse to issue or renew a
license or revoke or suspend a license for the crematory, upon a finding
that the crematory operator in charge:

      (1) Has maintained or operated a building or structure within the
state as a crematory in violation of the provisions of this act or the rules
and regulations adopted by the board of mortuary arts;

      (2) has performed a cremation without a cremation authorization
form signed by an authorizing agent;

      (3) has made any misleading, deceptive, untrue or fraudulent state-
ments in applying for or securing an original or renewal license;

      (4) has been convicted of a felony or an offense of moral turpitude,
and has not demonstrated to the board's satisfaction that such crematory
operator in charge has been sufficiently rehabilitated to warrant the public
trust;

      (5) has violated any law, ordinance or rule and regulation affecting
the handling, custody, care or transportation of dead human bodies or
cremated remains;

      (6) has been rendered unfit to operate a crematory by reason of ill-
ness, alcohol, chemicals or other types of substances, or as a result of any
mental or physical condition;

      (7) has failed or refused to properly protect or guard against conta-
gious, communicable or infectious disease, or the spreading thereof;

      (8) has or such person's agent, employee or representative has ad-
vertised, solicited or sold merchandise or services in a manner which is
fraudulent, deceptive or misleading in form or content;

      (9) has been found by a court of competent jurisdiction to be mentally
ill, mentally disabled, not guilty by reason of insanity or incompetent to
stand trial by a court of competent jurisdiction;

      (10) has failed to furnish the board, its investigators or representa-
tives, information requested by the board;

      (11) has failed to report to the board any adverse action taken against
the crematory operator in charge or the crematory by another state or
licensing jurisdiction, professional association or society, governmental
agency, law enforcement agency or a court;

      (12) has knowingly submitted any misleading, deceptive, untrue or
fraudulent representation on a claim form, bill, statement or similar in-
formation to an authorizing agent, consumer or representative of the
board;

      (13) has had a license to operate a crematory revoked or suspended,
or had other action taken against oneself or had an application for a license
denied by the proper licensing authority of another state, territory, Dis-
trict of Columbia or other country. A certified copy of the record of the
action of the other jurisdiction being conclusive evidence thereof;

      (14) has violated any rules and regulations adopted by the board or
any state or federal law related to the practice of operating a crematory;
or

      (15) has failed to pay any fee required under this act.

      (d) All administrative proceedings taken by the board pursuant to this
section shall be conducted in accordance with the provisions of the Kansas
administrative procedure act.

      (e) A violation of this section or any provision of this act is hereby
declared to be a class A nonperson misdemeanor.

      New Sec.  8. This act shall take precedence over any conflicting Kan-
sas laws, other than state environmental laws, that govern the handling
and disposition of dead human bodies for cremation and cremated re-
mains.

      New Sec.  9. (a) The crematory operator in charge of a crematory,
located or doing business within the state, shall apply for and obtain a
crematory license from the board for each crematory.

      (b) An application for a new license is required if the crematory has
a change in ownership, name, location or a change in the crematory op-
erator in charge. Such application shall be made to the board at least 30
days prior to the change of ownership, name or location or change in the
crematory operator in charge.

      (c) The crematory license fee and crematory license renewal fee shall
be fixed by the board under K.S.A. 65-1727 and amendments thereto.
The disposition of all funds collected under the provisions of this act shall
be in accordance with the provisions of K.S.A. 65-1718 and amendments
thereto.

      (d) A crematory license shall expire every two years on a date estab-
lished by the board. To continue operation of a crematory, a crematory
operator in charge shall submit a biennial renewal application form and
the crematory license renewal fee to the board before the expiration date
of such license.

      (e) A crematory license shall be judged delinquent on midnight of
the expiration date and may only be renewed after that day by payment
of a renewal fee and a reinstatement fee in an amount equal to the re-
newal fee.

      (f) It is unlawful for any person who is not an operator in charge of
a crematory under this act to operate a crematory or hold oneself out as
operating a crematory.

      (g) The Kansas university medical center shall be exempt from this
statute for the purpose of cremating remains donated for dissecting, dem-
onstrating or teaching purposes.

      Section  10. K.S.A. 65-1723 is hereby amended to read as follows: 65-
1723. The state board of mortuary arts shall have the power to adopt and
enforce all necessary rules and regulations not inconsistent with this act
for examining and licensing funeral directors and assistant funeral direc-
tors, issuing licenses by reciprocity, establishing ethical standards and
practices and regulating the general practice of funeral directing and cre-
mation. The board shall have the power to inspect funeral establishments,
including branch establishments and crematories, and to require that fu-
neral establishments, including branch establishments and crematories,
be maintained, operated and kept in a clean and sanitary condition in
accordance with the provisions of this act, rules and regulations of the
board and the any applicable rules and regulations of the secretary of
health and environment. If a person applies for a funeral director's license
for the purpose of opening a new funeral establishment or branch estab-
lishment, or for the purpose of operating a funeral establishment or,
branch establishment or crematory which has not been heretofore in-
spected and approved by the board, or if a licensed funeral director or
crematory operator in charge makes structural alterations or additions to
an existing funeral establishment or, branch establishment or crematory,
the board shall have the right to withhold the issuance or renewal of any
license until any such funeral establishment or, branch establishment or
crematory has been inspected and approved by the board or its repre-
sentatives. All references herein to ``board'' shall refer to the state board
of mortuary arts of the state of Kansas unless otherwise clearly indicated.
The board is hereby authorized and empowered to do all things necessary
and proper in the administration of all the provisions of this act. Members
of the state board of mortuary arts shall be allowed the same fees and
expenses as are allowed for administering the embalmers' license law.

      Sec.  11. K.S.A. 2000 Supp. 65-1727 is hereby amended to read as
follows: 65-1727. (a) On or before October 15 of each year, the state
board of mortuary arts shall determine the amount of funds that will be
required during the next ensuing two years to properly administer the
laws which the board is directed to enforce and administer under the
provisions of article 17 of chapter 65 of the Kansas Statutes Annotated,
and acts amendatory of the provisions thereof and supplemental thereto,
and by rules and regulations shall fix fees in such reasonable sums as may
be necessary for such purposes within the following limitations:

Embalmers examination fee, not more than	$200 $300
Embalmers endorsement application fee, not more than	400
Embalmers reciprocity application fee, not more than	300 400
Funeral directors examination fee, not more than	200 300
Funeral directors reciprocity application fee, not more than	300 400
Embalmers/funeral directors reciprocity application fee, not more than	400
Assistant funeral directors application fee, not more than	100 200
Embalmers license and renewal fee, not more than	150 250
Funeral directors license and renewal fee, not more than	250 350
Assistant funeral directors license and renewal fee, not more than	200 300
Apprentice embalmers registration fee, not more than	100 150
Funeral establishment license fee, not more than	500 800
Branch establishment license fee, not more than	500 800
Crematory license fee, not more than	800
Crematory renewal fee, not more than	800
Funeral establishment/crematory license fee, not more than	1000
Funeral establishment/crematory renewal fee, not more than	1000
Branch establishment/crematory license fee, not more than	1000
Branch establishment/crematory renewal fee, not more than	1000
Duplicate licenses	20
Rulebooks	20
Continuing education program sponsor applications	25
Continuing education program licensee applications	25

At least 30 days prior to the expiration date of any license issued by the
board, the board shall notify the licensee of the applicable renewal fee
therefor.

      (b) The fees established by the board under this section immediately
prior to the effective date of this act shall continue in effect until such
fees are fixed by the board by rules and regulations as provided in this
section. An owner of a licensed funeral establishment or licensed branch
establishment and a licensed crematory may be charged by the board a
combined funeral establishment/crematory license or renewal fee or
branch establishment/crematory license or renewal fee under this section
in lieu of a separate license or renewal fee for each facility.

      (c) The state board of mortuary arts may license embalmers via en-
dorsement from another state: (1) if the individual has been licensed for
at least five years and has completed at least five consecutive years of
active practice in embalming; (2) has passed the national examination
written by the international conference of funeral service examining
boards; and (3) has not had any adverse action taken against such licensee
by the state board in which licensure is held. The original fee for such
endorsement license and the renewal fee shall be in the amounts fixed by
the board in accordance with the provisions of this section.

      (c) (d) Fees paid to the board are not refundable.

      Sec.  12. K.S.A. 65-1732 is hereby amended to read as follows: 65-
1732. With respect to the cremation of dead bodies, as such term is
defined in subsection (4) (5) of K.S.A. 65-2401 and amendments thereto,
if after a period of 120 90 days from the time of cremation the cremated
remains have not been claimed, the funeral establishment, branch estab-
lishment or crematory may dispose of the cremated remains: (a) If the
funeral establishment, branch establishment or crematory has sent by
certified mail, return receipt requested, at least 30 days prior to the end
of such period of time to the last known address of the responsible person
who directed and provided for the method of final disposition of the dead
human remains authorizing agent as defined under section 1 of this act,
and amendments thereto, a notice that such remains will be disposed of
in accordance with the provisions of this section unless claimed prior to
the end of the one-hundred-twenty-day 90-day period of time; and (b) if
the remains have not been claimed prior to the end of such period of
time. Such disposal shall include burial by placing the remains in a church
or cemetery plot, scatter garden, or pond, or church columbarium or
otherwise disposing of the remains as provided by rule and regulation of
the board of mortuary arts. Disposition may include the commingling of
the cremated remains with other cremated remains and thus the cremated
remains would not be recoverable.

 Sec.  13. K.S.A. 65-1723 and 65-1732 and K.S.A. 2000 Supp. 65-1727
are hereby repealed.

 Sec.  14. This act shall take effect and be in force from and after
January 1, 2002, and its publication in the statute book.

Approved May 21, 2001.
__________