AB75,6,2424 (a) Pays the fee specified in s. 440.05 (1).
AB75,7,2
1(b) Submits an application on a form provided by the department that includes
2all of the following:
AB75,7,43 1. The name and address of the applicant or the business entity that the
4applicant represents.
AB75,7,55 2. The address of the crematory.
AB75,7,76 3. A description of the structure and equipment proposed to be used in
7operating the crematory.
AB75,7,88 4. Any other information that the department may require.
AB75,7,12 9(3) Renewal. Renewal applications shall be submitted to the department on
10a form provided by the department on or before the applicable renewal date specified
11under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
12s. 440.08 (2) (a).
AB75,7,15 13440.72 Authorizing agents. (1) Except as provided in subs. (3) and (4), only
14the following may act as an authorizing agent and direct the cremation of the human
15remains of a decedent:
AB75,7,1616 (a) The decedent's surviving spouse.
AB75,7,2217 (b) One of the decedent's surviving adult children who confirms in writing to
18the crematory authority that all other surviving children have been notified about
19the cremation, if the individual specified in par. (a) declines to act as authorizing
20agent but does not object to the cremation, or is dead or incapacitated, unless another
21surviving adult child of the decedent provides a written objection to the cremation
22to the crematory authority.
AB75,8,223 (c) A surviving parent of the decedent, if the individuals specified in pars. (a)
24and (b) decline to act as authorizing agent but do not object to the cremation, or are

1dead or incapacitated, unless a surviving parent of the decedent provides a written
2objection to the cremation to the crematory authority.
AB75,8,73 (d) A surviving individual related in the closest degree of kinship to the
4decedent, as determined under s. 990.001 (16), if the individuals specified in pars.
5(a) to (c) decline to act as authorizing agent but do not object to the cremation, or are
6dead or incapacitated, unless a surviving individual of the same degree of kinship
7provides a written objection to the cremation to the crematory authority.
AB75,8,98 (e) Any other person, if the individuals specified in pars. (a) to (d) decline to act
9as authorizing agent but do not object to the cremation, or are dead or incapacitated.
AB75,8,17 10(2) An individual is incapacitated for purposes of sub. (1) if 2 physicians
11licensed under subch. II of ch. 448, or one physician licensed under subch. II of ch.
12448 and one psychologist licensed under ch. 455, have personally examined the
13individual and signed a statement specifying that the individual is incapacitated.
14Age, eccentricity, or physical disability, either singly or together, are insufficient to
15make a finding that an individual is incapacitated. Neither of the individuals who
16make a finding that an individual is incapacitated may be a relative, as defined in
17s. 242.01 (11), of the individual.
AB75,8,22 18(3) If a decedent's estate is insufficient to pay the expenses related to final
19disposition of the decedent's human remains, or if final disposition of the decedent's
20human remains is the responsibility of the state or a local unit of government, the
21following persons, in the priority listed, may act as an authorizing agent and direct
22the cremation of the decedent's human remains:
AB75,9,223 (a) An individual specified in sub. (1) (a) to (d), unless one of those individuals
24objects in writing to the cremation or states in writing that cremation was contrary
25to the religious beliefs of the decedent or unless the crematory authority determines

1that there is evidence that cremation was contrary to the religious beliefs of the
2decedent.
AB75,9,43 (b) The coroner or medical examiner of the county in which the decedent's death
4occurred.
AB75,9,55 (c) The decedent's guardian at the time of the decedent's death.
AB75,9,9 6(4) An individual may not act as an authorizing agent unless he or she has
7made all reasonable efforts to contact all individuals under sub. (1) who have
8superior authority to act as an authorizing agent and has confirmed that such
9individuals do not object to the cremation.
AB75,9,12 10(5) An individual may act as an authorizing agent, or authorize another
11individual to act as an authorizing agent, for purposes of directing the cremation of
12his or her own body part.
AB75,9,15 13440.73 Authorization forms. An authorizing agent may direct the cremation
14of the human remains of a decedent only by completing a form that includes all of the
15following:
AB75,9,16 16(1) The name of the decedent and the date and time of the decedent's death.
AB75,9,18 17(2) The name of the authorizing agent and his or her relationship to the
18decedent.
AB75,9,22 19(3) A statement that the authorizing agent has the authority to authorize the
20cremation and either that no other individual has superior authority or that the
21authorizing agent has made all reasonable efforts to contact all individuals with
22superior authority and such individuals do not object to cremation.
AB75,9,25 23(4) A statement that the authorizing agent has no reason to believe that the
24decedent's remains contain a device that may be hazardous or cause damage to the
25cremation chamber or an individual performing the cremation.
AB75,10,4
1(5) The name of the funeral director, funeral establishment, or cemetery that
2the authorizing agent authorizes to receive the cremated remains or, if alternative
3arrangements are made for receiving the cremated remains, a description of those
4arrangements.
AB75,10,6 5(6) If known by the authorizing agent, the manner in which the cremated
6remains are to be disposed.
AB75,10,8 7(7) An itemized list of valuables on the decedent's person that are to be removed
8prior to cremation and returned to the authorizing agent.
AB75,10,10 9(8) If a viewing or other services are planned, the date and time of the viewing
10or services.
AB75,10,12 11(9) The signature of the authorizing agent attesting to the accuracy of the
12representations contained on the form.
AB75,10,15 13440.74 Delegation of authority. An authorizing agent may, in writing,
14delegate the authority to direct the cremation of the human remains of a decedent
15to another individual. The delegation shall include all of the following:
AB75,10,17 16(1) The name and address of the authorizing agent and the relationship of the
17authorizing agent to the decedent.
AB75,10,19 18(2) The name and address of the individual to whom the delegation is made and
19the relationship of the authorizing agent to that individual.
AB75,10,22 20440.75 Liability of authorizing agent. An authorizing agent is liable for
21damages resulting from authorizing the cremation of the human remains of a
22decedent.
AB75,11,2 23440.76 Revocation of authorization. Before a cremation is performed, an
24authorizing agent may cancel the cremation by providing the crematory authority
25with a written statement revoking the authorization form. An authorizing agent

1who revokes an authorization form shall provide the crematory authority with
2written instructions regarding the final disposition of the human remains.
AB75,11,5 3440.77 Delivery and acceptance of human remains. (1) Receipt for
4delivery.
A crematory authority that receives human remains from a person shall
5provide the person with a receipt that includes all of the following:
AB75,11,66 (a) The name of the decedent.
AB75,11,77 (b) The date and time that the human remains were delivered.
AB75,11,98 (c) A description of the type of casket or container in which the human remains
9were delivered.
AB75,11,1210 (d) The name of the person who delivered the human remains and the name
11of the funeral establishment or other business entity, if any, with which the person
12is affiliated.
AB75,11,1513 (e) The name of the person who received the human remains on behalf of the
14crematory authority and the name of the funeral establishment or other business
15entity, if any, with which the crematory authority is affiliated.
AB75,11,1616 (f) The signature of the person who delivered the human remains.
AB75,11,1817 (g) The signature of the person who received the human remains on behalf of
18the crematory authority.
AB75,11,21 19(2) Acceptance of human remains. (a) A crematory authority may not refuse
20to accept delivery of human remains solely on the basis that the human remains have
21not been placed in a casket or have not been embalmed.
AB75,11,2322 (b) A crematory authority may refuse to accept delivery of human remains if
23any of the following apply:
AB75,11,2524 1. The casket or other container used for the human remains has evidence of
25leakage of bodily fluids.
AB75,12,3
12. The crematory authority has knowledge of a dispute regarding the cremation
2of the human remains, unless the crematory authority receives a copy of a court order
3or other documentation indicating that the dispute has been resolved.
AB75,12,54 3. The crematory authority has reason to believe that a representation of the
5authorizing agent is not true.
AB75,12,86 4. The crematory authority has reason to believe that the human remains
7contain a device that may be hazardous or cause damage to the cremation chamber
8or an individual performing the cremation.
AB75,12,11 9440.78 Cremation requirements. (1) Documentation. A crematory
10authority may not cremate the human remains of a decedent unless the authority
11has received all of the following:
AB75,12,1212 (a) An authorization form completed by an authorizing agent.
AB75,12,1313 (b) A copy of the cremation permit issued under s. 979.10 (1) (a).
AB75,12,1514 (c) If a report for final disposition of a human corpse is required under s. 69.18
15(3), a copy of the report.
AB75,12,22 16(2) Holding facility. (a) Upon accepting delivery of human remains, a
17crematory authority shall place the human remains in a holding facility until they
18are cremated, except that, if the crematory authority obtains knowledge of a dispute
19regarding the cremation of the human remains, the crematory authority may, until
20the dispute is resolved, return the human remains to the person who delivered the
21human remains or the funeral establishment or other business entity with which
22that person is affiliated, neither of which may refuse to accept the human remains.
AB75,12,2423 (b) A crematory authority shall restrict access to a holding facility to authorized
24personnel.
AB75,13,3
1(3) Caskets and other containers. (a) A crematory authority may not require
2human remains to be placed in a casket before cremation or to be cremated in a
3casket.
AB75,13,74 (b) Unless a crematory authority obtains the prior written consent of the
5authorizing agent, and except as provided in par. (c), a crematory authority shall
6cremate with human remains the casket or other container holding the human
7remains or destroy the casket or other container.
AB75,13,128 (c) A container may be used to hold human remains that are to be cremated only
9if the container is composed of readily combustible materials that are resistant to
10leakage and spillage, has the ability to be closed for complete covering of the human
11remains, is sufficiently rigid to provide ease in handling, and is able to protect the
12health and safety of crematory personnel.
AB75,13,15 13(4) Viewings or other services. A crematory authority may not cremate
14human remains before the date and time specified in an authorization form under
15s. 440.73 (8).
AB75,13,19 16(5) Simultaneous cremation. Unless a crematory authority receives the prior
17written consent of each authorizing agent, a crematory authority may not
18simultaneously cremate the human remains of more than one individual within the
19same cremation chamber.
AB75,13,22 20(6) Residue removal. Upon completion of each cremation, a crematory
21authority shall, insofar as practicable, remove all of the cremated remains from the
22cremation chamber.
AB75,13,24 23(7) Containers for cremated remains. A container may be used to hold
24cremated remains only if all of the following are satisfied:
AB75,14,2
1(a) Except as provided in sub. (8), the container is a single container of sufficient
2size to hold the cremated remains.
AB75,14,43 (b) The container may be closed in a manner that prevents the entrance of
4foreign materials and prevents leakage or spillage of the cremated remains.
AB75,14,9 5(8) Excess remains; additional container. If cremated remains that a
6crematory authority recovers from a cremation chamber do not fit within the
7container that the authorizing agent has selected, the crematory authority shall
8return the remainder of the human remains to the authorized agent or authorized
9agent's designee in a separate container.
AB75,14,12 10(9) Identification system. A crematory authority shall maintain an
11identification system that ensures the identity of human remains throughout all
12phases of the cremation process.
AB75,14,18 13440.79 Deliveries of cremated remains. A crematory authority may deliver
14cremated remains to another person only by making the delivery in person or by
15using a delivery service that has a system for tracking the delivery. The crematory
16authority shall obtain a signed receipt from the person to whom the cremated
17remains are delivered. The crematory authority shall ensure that the receipt
18includes all of the following:
AB75,14,1919 (a) The name of the decedent.
AB75,14,2020 (b) The date and time that the cremated remains were delivered.
AB75,14,2321 (c) The name and signature of the person to whom the cremated remains were
22delivered and the name of the funeral establishment or other business entity, if any,
23with which the person is affiliated.
AB75,14,2524 (d) The name and signature of the person who delivered the cremated remains
25on behalf of the crematory authority.
AB75,15,3
1440.80 Disposition of cremated remains. (1) Responsible party. (a)
2Except as provided in par. (b), the authorizing agent is responsible for determining
3the manner in which cremated remains are disposed.
AB75,15,124 (b) If the authorizing agent fails to determine the manner in which cremated
5remains are disposed, the crematory authority shall, no sooner than 30 days after
6cremation, deliver the cremated remains to the person who delivered the human
7remains to the crematory authority for cremation or the funeral establishment or
8other business entity with which that person is affiliated, neither of which may
9refuse to accept the cremated remains. No sooner than 60 days after the cremated
10remains are delivered under this paragraph, the person to whom they are delivered
11may determine the manner in which the cremated remains are disposed and shall
12make a written record of any determination that is made.
AB75,15,1513 (c) The authorizing agent or the decedent's estate, or both, are liable for all
14reasonable expenses incurred in delivering and disposing of cremated remains under
15par. (b).
AB75,15,17 16(2) Manner of disposition. A person may dispose of cremated remains only in
17one of the following manners:
AB75,15,1818 (a) Placing the remains in a grave, niche, or crypt.
AB75,15,2019 (b) Disposing of the remains in any other lawful manner, but only if the remains
20are reduced to a particle size of one-eighth inch or less.
AB75,15,22 21(3) Commingling. Without the prior written consent of each authorizing agent,
22no person may do any of the following:
AB75,15,2423 (a) Dispose of cremated remains in a manner or location that commingles the
24remains with the cremated remains of another individual.
AB75,15,2525 (b) Place cremated remains of more than one individual in the same container.
AB75,16,1
1(4) Prohibited sales. A crematory authority may not do any of the following:
AB75,16,32 (a) Sell any material or device, including a prosthetic or medical device of a
3decedent, that is obtained from cremating the human remains of the decedent.
AB75,16,54 (b) Resell any casket or other container that has been used for cremating
5human remains.
AB75,16,9 6440.81 Records. (1) A crematory authority shall maintain a permanent
7record of each cremation at its place of business consisting of the name of the
8decedent, the date of the cremation, and a description of the manner in which the
9cremated remains are disposed.
AB75,16,12 10(2) A crematory authority shall maintain as permanent records the
11documentation specified in s. 440.78 (1) and copies of receipts under ss. 440.77 (1)
12and 440.79.
AB75,16,17 13440.82 Exemptions from liability. (1) Except as provided in sub. (2), a
14crematory authority is immune from civil liability for damages resulting from
15cremating human remains, including damages to prosthetic or medical devices or
16valuables of the decedent, if the authority has complied with the requirements of this
17subchapter.
AB75,16,20 18(2) A crematory authority is liable for damages resulting from the authority's
19intentional misconduct, negligent conduct, or failure to return valuables specified on
20an authorization form under s. 440.73 (7).
AB75,16,23 21440.83 Electronic transmission permitted. Any statement required to be
22in writing under s. 440.72 (1) or (3), 440.74, 440.76, 440.78 (3) (b) or (5), or 440.80 (3)
23may be transmitted by facsimile.
AB75,16,25 24440.84 Rules. The department may promulgate rules interpreting or
25administering the requirements of this subchapter.
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