2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 613 - Authorization for alkaline hydrolysis -- Penalties for removal of items from human remains.

Effective 5/3/2023
58-9-613.
Authorization for alkaline hydrolysis -- Penalties for removal of items from human remains.
(1) Except as otherwise provided in this section, a funeral service establishment may not perform alkaline hydrolysis on human remains until the funeral service establishment has received:
(a) an alkaline hydrolysis authorization form signed by an authorizing agent;
(b) a completed and executed burial transit permit or similar document, as provided by state law, indicating that disposition of the human remains is to be by alkaline hydrolysis; and
(c) any other documentation required by the state, county, or municipality.
(2)
(a) The alkaline hydrolysis authorization form shall contain, at a minimum, the following information:
(i) the identity of the human remains and the time and date of death, including a signed declaration of visual identification of the deceased or refusal to visually identify the deceased;
(ii) the name of the funeral director and funeral service establishment that obtained the alkaline hydrolysis authorization;
(iii) notification as to whether the death occurred from a disease declared by the Department of Health to be infectious, contagious, communicable, or dangerous to the public health;
(iv) the name of the authorizing agent and the relationship between the authorizing agent and the decedent;
(v) a representation that the authorizing agent has the right to authorize the disposition of the decedent by alkaline hydrolysis and that the authorizing agent is not aware of any living person with a superior or equal priority right to that of the authorizing agent, except that if there is another living person with a superior or equal priority right, the alkaline hydrolysis authorization form shall contain a representation that the authorizing agent has:
(A) made reasonable efforts to contact that person;
(B) been unable to do so; and
(C) no reason to believe that the person would object to the disposition of the decedent by alkaline hydrolysis;
(vi) authorization for the funeral service establishment to use alkaline hydrolysis for the disposition of the human remains;
(vii) the name of the person authorized to receive the human remains from the funeral service establishment;
(viii) the manner in which the final disposition of the human remains is to take place, if known;
(ix) a listing of each item of value to be delivered to the funeral service establishment along with the human remains, and instructions as to how each item should be handled;
(x) the signature of the authorizing agent, attesting to the accuracy of all representations contained on the alkaline hydrolysis authorization form;
(xi) if the alkaline hydrolysis authorization form is being executed on a preneed basis, the disclosure required for preneed programs under this chapter; and
(xii) except for a preneed alkaline hydrolysis authorization, the signature of the funeral director of the funeral service establishment that obtained the alkaline hydrolysis authorization.
(b)
(i) The person referred to in Subsection (2)(a)(xii) shall execute the alkaline hydrolysis authorization form as a witness and is not responsible for any of the representations made by the authorizing agent.
(ii) The funeral director or the funeral service establishment shall warrant that the human remains delivered to the funeral service establishment have been positively identified by the authorizing agent or a designated representative of the authorizing agent as the decedent listed on the alkaline hydrolysis authorization form.
(iii) The authorizing agent or the agent's designee may make the identification referred to in Subsection (2)(b)(ii) in person or by photograph.
(3)
(a) A funeral service establishment may not accept unidentified human remains for alkaline hydrolysis.
(b) If a funeral service establishment takes custody of an alkaline hydrolysis container subsequent to the human remains being placed within the container, the funeral service establishment can rely on the identification made before the remains were placed in the container.
(c) The funeral service establishment shall place appropriate identification on the exterior of the alkaline hydrolysis container based on the prior identification.
(4)
(a) A person who removes or possesses dental gold or silver, jewelry, or mementos from human remains:
(i) with purpose to deprive another over control of the property is guilty of an offense and subject to the punishments provided in Section 76-6-404;
(ii) with purpose to exercise unauthorized control and with intent to temporarily deprive another of control over the property is guilty of an offense and subject to the punishments provided in Section 76-6-404.5; and
(iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without specific written permission of the individual who has the right to control those remains is guilty of a class B misdemeanor.
(b) The fact that residue or any unavoidable dental gold or dental silver or other precious metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline hydrolysis process is not a violation of Subsection (4)(a).
Amended by Chapter 111, 2023 General Session