remains delivered to the crematory establishment were positively identified as the deceased person listed on the cremation authorization form by the authorizing agent or a representative of the authorizing agent delegated as provided by Section 716.053. (b) An authorizing agent or the delegated representative of the agent may identify a deceased person in person or by photograph. The authorizing agent may waive the right of identification. deceased human remains shall notify the funeral director and crematory establishment. The authorizing agent shall ensure that the pacemaker or other potentially hazardous implant is removed from the remains before cremation. (c) If an authorizing agent discloses to the funeral director on the cremation authorization form the presence of a pacemaker or other potentially hazardous implant in the deceased human remains, the funeral director shall ensure that the pacemaker or other potentially hazardous implant is removed from the remains before delivering the remains to the crematory establishment. (d) An authorizing agent or funeral director that violates Subsection (b) or (c) is liable to the crematory establishment in a civil action for any damages resulting from cremation of the remains containing the pacemaker or other potentially hazardous implant. Sec. 715.155. Temporary Container or Urn (a) A crematory establishment shall place the cremated remains with proper identification in a temporary container or urn unless otherwise instructed in writing by the authorizing agent. (b) The crematory establishment may not commingle the cremated remains with other cremated remains or include any other object or material in the temporary container or urn unless authorized in writing by the authorizing agent unless otherwise provided by this chapter. (c) A crematory establishment shall place a label on a temporary container that: (1) Discloses the temporary container is not intended for the permanent storage of cremated remains in a niche, crypt, cremation interment container, or interment space; (2) Includes the deceased person’s name; and (3) Includes the name of the crematory establishment. (d) A crematory establishment shall release all cremated remains to an authorizing agent, a representative delegated as provided by Section 716.053, or an employee of the funeral establishment if the authorizing agent authorized the release on the authorization form. Any cremated remains that do not fit in a temporary container or urn must be returned to the authorizing agent, representative, or employee in a separate temporary container that meets the requirements of this section. (e) A crematory establishment may ship cremated remains only by a method with an internal tracking system that provides a receipt signed by the person accepting delivery. The outside of the container in which the cremated remains are placed for shipment must display a label that includes: (1) The deceased person’s name;
(b) A crematory establishment shall place, with the cremated remains, in the temporary container, urn, or other permanent container, a permanent metal identification disc, bracelet, or other item that can be used to identify the deceased person. Sec. 716.104. Identification Responsibilities of Funeral Director or Establishment (a) Except as provided by Section 716.054, a funeral director or funeral establishment shall provide a signed written statement to a crematory establishment that the human Subchapter D. Cremation Procedures Sec. 716.151. Cremation Containers (a) Human remains must be placed in a cremation container that: (1) Is made of combustible materials suitable for cremation; (2) Provides a complete covering of the body; (3) Is resistant to leakage or spillage; (4) Is rigid for easy handling; and (5) Protects the health and safety of crematory personnel. (b) A crematory establishment may not remove human remains from a cremation container and must cremate the cremation container with the human remains. (c) Except as provided by this section, a crematory establishment may not: (1) Require that deceased human remains be placed in a casket before cremation or that remains be cremated in a casket; or (2) Refuse to accept for cremation remains that have not been placed in a casket. Sec. 716.152. Cremation Process (a) A crematory establishment is not required to accept a cremation container that evidences leakage of human body fluids. (b) A person other than a crematory establishment employee, the authorizing agent, or representatives delegated as provided by Section 716.053 and approved by the crematory establishment may not be present in a crematory area during: (1) The cremation of deceased human remains; or (2) The removal of the remains from the cremation chamber. (c) Immediately before placing deceased human remains in a cremation chamber, a crematory establishment employee must verify and remove the identification label from the cremation container and place the label near the cremation chamber control panel until the cremation process is complete. (d) To the extent practicable, the crematory establishment shall remove all recoverable cremation residue from the cremation chamber following cremation and pulverize any bone fragments to a particle size of one-eighth inch or less as necessary. The crematory establishment shall remove and dispose of any other material included with the residue. Sec. 716.153. Simultaneous Cremation (a) A crematory establishment may not simultaneously cremate the deceased human remains of more than one person in the same cremation chamber unless authorized in writing by the authorizing agent of each deceased person. (b) A crematory establishment is not civilly or criminally liable for commingling human remains during cremation if each authorizing agent provides a signed written statement authorizing the simultaneous cremation. Sec. 716.154. Pacemakers (a) A crematory establishment may not knowingly cremate deceased human remains containing a pacemaker or other potentially hazardous implant. (b) An authorizing agent who knows of the existence of a pacemaker or other potentially hazardous implant in
(2) The name of the crematory establishment; and (3) A warning that the container is temporary, if a temporary container is used.
Sec.716.156. Release of Remains (a) A crematory establishment shall:
(1) Release the cremated remains to a representative of the funeral establishment that delivered the deceased human remains to the crematory establishment;
Book Code: FTX1624
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