An Act To Provide Oversight for Crematoriums
Maine Legislature, Session 123, LD 1289
Committee: Business, Research and Economic Development
Sponsors: HANLEY, McCORMICK, HILL, PLUMMER
Amends: 32 MRSA §1400, 32 MRSA §1405

Legislative Document 
No. 1289 
H.P.907 
House of Representatives, March 9, 2007 
An Act To Provide Oversight for Crematoriums 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative HANLEY of Gardiner. 
Cosponsored by Senator McCORMICK of Kennebec and 
Representatives: HILL of York, PLUMMER of Windham. 
Printed on recydt:d paper 
17/~ 
1I7.1i!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA § 1400~ sub-§3, as amended by PL 2001, c. 169, § 1, is further 
amended to read: 
3. Funeral establishment. "Funeral establishment" means every place or premises 
devoted to or used in the care and preparation for the funeral and burial or cremation of 
human remains or maintained for the convenience of the bereaved for viewing or other 
services in connection with the human remains or as the office or place for carrying on 
the profession of funeral service. 
Sec. 2. 32 MRSA §1400, sub-§5, as amended by PL 2001, c. 169, §2, is further 
amended to read: 
5. Practice of funeral service. "Practice of funeral service" means the engagement 
of a person in the care or disposition of the human remains, including cremation, or in the 
practice of disinfecting and preparing by embalming or otherwise the human remains for 
the funeral service, transportation of human remains to the place of burial or cremation, 
cremation or the practice of helping to meet the emotions and disposition of the bereaved 
or the practice of funeral directing or embalming as presently known, whether under these 
titles or designations or otherwise. "Practice of funeral service" also means making 
arrangements for funeral services or selling funeral supplies to the public or making 
financial arrangements for the rendering of such services or the sale of such supplies. 
"Practice of funeral service" does not mean the ownership or operation of a cemetery, 
crematorium, mausoleum or columbarium or any other facility used for burial of human 
remains. 
"Practice of funeral service" does not include the transportation of human 
remains by an authorized person. 
A license for the practice of funeral service as used in this chapter is the license given to a 
person who is engaged in the practice of funeral service as above defined. 
Sec. 3. 32 MRSA §1405, as amended by PL 1985, c. 611, §§11 and 12 and PL 
1997, c. 210, §40 and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
§1405. Cremation 
Afly A person, firm or corporation within the State; with the approval of the 
DepartmeHt of Health ami HumaH Services commissioner may establish and maintain 
suitable buildings and appliances for the cremation of bodies of the dead and, subject to 
the regulatioHs rules of the departmeHt Department of Professional and Financial 
Regulation, may cremate such bodies and dispose of the ashes of the same. 
The body of a deceased person 5hall may not be cremated within 48 hours after fti.s 
decease death unless he the person died of a contagious or infectious disease~ and in no 
event 5hall may the body of a deceased person be cremated, buried at sea, used by 
medical science or removed from the State until the person, firm or corporation in charge 
of the disposition has received a certificate from a duly appointed medical examiner that 
he the medical examiner has made personal inquiry into the cause and manner of death 
and is satisfied that He further examination or judicial inquiry concerning the same cause 
and manner of death is not necessary. This certificate, a certified copy of the death 
certificate and a burial transit permit when presented by the authorized person as defined 
in Title 22, section 2846, shall be lli sufficient authority for cremation, burial at sea, use 
by medical science or removal from the State~ and the person, firm or corporation in 
charge of the disposition shall may not refuse to cremate or otherwise dispose of the body 
solely because these documents are presented by such an authorized person. 
The 
certificate shall must be retained by the person, firm or corporation in charge of the 
cremation or disposition for a period of 15 years. For the certificate, the medical examiner 
shall must receive a fee of $15 payable by the person requesting same the certificate. 
No human Human remains shall may not be removed, transported or shipped to an;' ~ 
crematory unless encased in a casket or other suitable container. 
SUMMARY 
This bill transfers licensing and regulation responsibility for crematoriums from the 
Department of Health and Human Services to the Department of Professional and 
Financial Regulation and allows a licensed funeral home to conduct cremations. 
,Page 2 - 123LR1476(Ol)-1