Cremation Law and Crematory Regulation
What the exam tests
This domain tests the cremation authorization process, the crematory's licensing and operator requirements, identity safeguards, and the handling of cremated remains.
Authorization and timing
- Cremation requires a written, signed authorization from the person with the right of disposition or that person's authorized representative, with statutory disclosures and consent to cremation.
- The authorization must identify the decedent, the authorizing agent, and the disposition of the cremated remains.
- A waiting period must run before cremation; the provider may not cremate until it expires and any objection is resolved.
- The authorizing agent may not rescind consent after cremation has occurred.
Crematory operations
- Crematories must be registered or licensed with the board and operated by certified crematory operators.
- Only one body may be cremated at a time; simultaneous cremation requires documented written consent from all authorizing agents.
- Pacemakers and other hazardous implants must be removed before cremation.
- Identity is confirmed by tag and by a multi-point check at intake, before charging, and at processing.
- A rigid combustible container is required; the provider must offer an alternative container and may not require a casket as a condition of cremation.
- Records of each cremation, the returned-remains receipt, and unclaimed remains procedures must be maintained.
Worked example
A family arranges direct cremation and the crematory finds a pacemaker at intake. The operator documents removal, confirms identity against the tag and authorization, waits out the statutory period, cremates alone, and obtains a signed receipt when the remains are released.
Traps that cost marks
Cremating on oral or unsigned authorization; skipping the waiting period; commingling remains without consent; and returning remains without a signed receipt.