SB77: Dead human bodies; absence of next of kin, disposition of remains, prerequisites for cremation.
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2818.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 54.1-2807.02 as follows:
§ 54.1-2807.02. Absence of next of kin.
In the absence of a next of kin, a person designated to make arrangements for the decedent's burial or the disposition of his remains pursuant to § 54.1-2825, an agent named in an advance directive pursuant to § 54.1-2984, or any guardian appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by § 64.2-2019, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent's remains shall be authorized to make arrangements for such disposition of the decedent's remains. If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.
§ 54.1-2818.1. Prerequisites for cremation.
No dead human body shall be cremated without permission of the
medical examiner as required by § 32.1-284 and visual identification of the
deceased by the next-of-kin or his representative, who may be any person
designated to make arrangements for the decedent's burial or the disposition of
his remains pursuant to § 54.1-2825, an agent named in an advance directive
pursuant to § 54.1-2984, or a sheriff, upon court order, if no next- of-kin,
designated person, or agent is available, or any guardian
appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 who may
exercise the powers conferred in the order of appointment or by § 64.2-2019.
If no next of kin, designated person, agent, or guardian is available or
willing to make visual identification of the deceased, such identification
shall be made by a member of the primary law-enforcement agency of the city or
county in which the person or institution having initial custody of the body is
located, pursuant to court order When visual identification is not
feasible, other positive identification of the deceased may be used as a
prerequisite for cremation. Unless such act, decision, or omission resulted
from bad faith or malicious intent, the funeral service establishment, funeral
service licensee, crematory, cemetery, primary law-enforcement officer, or
sheriff shall be immune from civil liability for any act, decision, or omission
resulting from cremation. Nothing in this section shall prevent a
law-enforcement agency other than the primary law-enforcement agency from
performing the duties established by this section if so requested by the
primary law-enforcement agency and agreed to by the other law-enforcement
agency.
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2818.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 54.1-2807.02 as follows:
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2800 of the Code of Virginia is amended and reenacted as follows:
§54.1-2807.02. Absence of next of kin.
In the absence of a next of kin, a person designated to make arrangements for the decedent's burial or the disposition of his remains pursuant to § 54.1-2825, or an agent named in an advance directive pursuant to § 54.1-2984 or the failure or refusal of such next of kin, designated person, or agent to accept responsibility for the disposition of the decedent, then any other person over 18 years of age who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent's remains, shall be authorized to make arrangements for such disposition of the decedent's remains. If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, or agent in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.
§ 54.1-2818.1. Prerequisites for cremation.
No dead human body shall be cremated without permission of the
medical examiner as required by § 32.1-284 and visual identification of the
deceased by the next-of-kin or his representative, who may be any person
designated to make arrangements for the decedent's burial or the disposition of
his remains pursuant to § 54.1-2825, an agent named in an advance directive
pursuant to § 54.1-2984, or a sheriff, upon court order, if no
next-of-kin, designated person, or agent is available either a
sheriff, upon court order, or any person over 18 years of age who is able to
provide visual identification and is willing to pay the costs of cremation
pursuant to § 54.1-2807.02. When visual identification is not feasible,
other positive identification of the deceased may be used as a prerequisite for
cremation. Unless such act, decision, or omission resulted from bad faith or
malicious intent, the funeral service establishment, funeral service licensee,
or the sheriff shall be immune from civil liability for any act, decision, or
omission resulting from cremation.
SENATE BILL NO. 77
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2800 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2800. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Advertisement" means any information disseminated or placed before the public.
"At-need" means at the time of death or while death is imminent.
"Board" means the Board of Funeral Directors and Embalmers.
"Cremate" means to reduce a dead human body to ashes and bone fragments by the action of fire.
"Cremator" means a person or establishment that owns or operates a crematory or crematorium or cremates dead human bodies.
"Crematory" or "crematorium" means a facility containing a furnace for cremation of dead human bodies.
"Embalmer" means any person engaged in the practice of embalming.
"Embalming" means the preservation and disinfection of the human dead by external or internal application of chemicals.
"Funeral directing" means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services.
"Funeral director" means any person engaged in the practice of funeral directing.
"Funeral service establishment" means any main establishment, branch or chapel which is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services, or the act of embalming is performed.
"Funeral service intern" means a person who is preparing to be licensed for the practice of funeral services under the direct supervision of a practitioner licensed by the Board.
"Funeral service licensee" means a person who is licensed in the practice of funeral services.
"In-person communication" means face-to-face communication and telephonic communication.
"Next of kin" means any of the following persons,
regardless of the relationship to the decedent: any person designated to make
arrangements for the disposition of the decedent's remains upon his death
pursuant to § 54.1-2825,; the legal spouse, child over
18 years of age, custodial parent, noncustodial parent, siblings over 18 years
of age, guardian of minor child, guardian of minor siblings, maternal
grandparents, paternal grandparents, maternal siblings over 18 years of age and,
paternal siblings over 18 years of age, or any other relative in the descending order of blood
relationship; or any
other person who consents to pay the costs associated
with disposition of the decedent's remains upon his
death.
"Practice of funeral services" means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public.
"Preneed" means at any time other than at-need.
"Preneed funeral contract" means any agreement where payment is made by the consumer prior to the receipt of services or supplies contracted for, which evidences arrangements prior to death for: (i) the providing of funeral services or (ii) the sale of funeral supplies.
"Preneed funeral planning" means the making of arrangements prior to death for: (i) the providing of funeral services or (ii) the sale of funeral supplies.
"Solicitation" means initiating contact with consumers with the intent of influencing their selection of a funeral plan or funeral service provider.