As cremation has become more common, regulations have become a bigger priority. State regulators and local licensing agencies are working overtime to ensure crematoriums are compliant, but it’s also made consumers more interested in the regulations.
The regulations for cremation vary state by state and even from one jurisdiction to the next. They are absolutely necessary to ensure that cremations are conducted legally and safely for the community, families that are served and funeral home employees.
Families that choose cremation are often surprised to find just how heavily regulated it is. If you’re like most people, there are a lot of regulatory questions you’d like to ask – and we have the answers! Below is a rundown of some of the most common regulatory questions families ask us throughout the cremation process.
What is required for a cremation to take place?
Cremations can take place quickly, but there are still a number of requirements that have to be met beforehand. In most states the requirements include:
- Medically certified death certificate
- 24-48 hour waiting period.
- Cremation authorization form
- Cremation permit
In some cases, a medical examiner authorization may also be needed. Since cremation can’t be undone, requirements ensure there are checks and balances and that everything is in place in advance.
What’s needed for an authorized cremation?
One of the first regulatory requirements that comes into play is cremation authorization. There are regulations for who can authorize a cremation to take place and the documentation that’s involved.
Generally, the authorizing agent is the next of kin. States have procedures in place for determining who the next of kin is in case there’s a dispute. The legal next of kin will then need to sign a cremation authorization form and submit it to the funeral home or crematorium.
What are the chain-of-custody requirements for cremated remains?
There’s been a lot of focus in the last year or so to tighten up chain-of-custody requirements and ensure they are followed. It involves documentation and identification procedures that are in place from intake to releasing the cremains to the family. The multi-step requirements include:
- The use of a unique ID number that’s generated at intake.
- Keeping a non-combustible metal tag with the body at all times then placed with the cremated remains.
- Signed intake forms for transferring and receiving parties.
- Signed cremation authorization form.
- A cremation log.
Meticulous documentation is needed for chain-of-custody because usually a number of people are involved. It’s crucial to know who is responsible and their role as the deceased is moved and makes their way to the retort.
What identification procedures are used?
Identification is extremely important for cremation since the body is incinerated. The regulations for identification typically include:
- Positive identification of the deceased.
- An identification tag that stays with the body throughout the process.
- Detailed documentation tracking from intake to final disposition.
These procedures prevent misidentification and are extremely important for cremation to ensure the family gets the correct cremated remains.
How are bodies supposed to be stored?
Due to health concerns, storage of bodies is highly regulated. There are also related regulations to make sure the storage is secure. A crematorium must:
- Keep bodies in a secure, controlled area.
- Clearly label and separate cremated remains.
- Restrict access in operational areas to authorized personnel.
What are the time requirements for filing vital records?
The answer depends on the state you’re in and the type of vital record that is being filed. The general timelines are:
- Filing a death certificate – 3-10 days from the time of death
- Medical certification for cause of death – 1-3 days
- Fetal death records – 5-10 days
Vital records are vital to the cremation process because without the proper documentation a cremation can’t take place.
What are the continuing education requirements for licensed funeral professionals?
State licensing boards decide on the continuing education requirements for licensed funeral professionals. Typically continuing education is required once every 1-2 years and consists of 10-20 hours of training. Another requirement is that the education must be provided by a state-approved educator.
The professionals that often need continuing education to maintain their license include funeral home directors, embalmers and crematory operators.
Are there recordkeeping standards?
Crematoriums are typically required to maintain a number of records for at least several years. The records that are required to meet regulations are:
- Cremation authorization forms
- Chain-of-custody documentation
- Cremation logs
- Identification records
- Equipment maintenance records
It’s important for the family to maintain their own records for a cremation since there is a time limit to how long the funeral home has to maintain them.
What does inspection readiness mean?
Inspection readiness means that a funeral home or crematorium is compliant and ready to pass regulatory inspections at any time. They aren’t waiting until they know an inspection is about to happen to make sure everything is in order. Instead, the establishment ensures that proper procedures and documentation is in place daily.
What type of cremation containers are required?
Cremation isn’t usually like what is depicted in the movies and TV. A body isn’t put directly in the retort. In many states it’s placed in what’s known as a cremation container that is combustible and leak-proof.
Once the cremation has occurred, the cremated remains also need to be stored in a temporary container. Since it’s not meant for long-term use, the container is usually made of cardboard or plastic.
What are the environmental regulations that crematoriums have to follow?
While cremation isn’t as impactful as burial, especially when it involves embalming, there are regulations that address mercury emissions, particulate matter and fuel usage in an effort to minimize environmental damage. They include:
- Air quality permits
- Emissions controls
- Local zoning laws
- State environmental protection standards
These regulations are in place for flame cremation and some don’t apply to water cremation that doesn’t emit air pollutants.
Do you have another regulatory question about cremation? The team at Cremation.Green is here to answer all of your questions 24/7. You can give us a call, send a text or write us an email. Meta Title