AB75: Bill Text

AB75,5,16 chapter 440

AB75,5,18 subchapter VI crematory authorities

AB75,5,19 440.70 Definitions. As used in this subchapter:

AB75,5,20 (1) "Authorization form" means a form specified in s. 440.73.

AB75,5,22 (2) "Authorizing agent" means an individual who acts as an authorizing agent under s. 440.72 or to whom a delegation of authority is made under s. 440.74.

AB75,5,23 (3) "Business entity" has the meaning given in s. 452.01 (3j).

AB75,5,25 (4) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains.

AB75,6,3 (5) "Cremated remains" means human remains recovered from the cremation of a human body or body part and the residue of a container or foreign materials that were cremated with the body or body part.

AB75,6,5 (6) "Cremation" means the process of using heat to reduce human remains to bone fragments and includes processing or pulverizing the bone fragments.

AB75,6,7 (7) "Cremation chamber" means an enclosed space within which cremation takes place.

AB75,6,9 (8) "Crematory" means a building or portion of a building within which a cremation chamber is located.

AB75,6,10 (9) "Crematory authority" means a person who owns or operates a crematory.

AB75,6,11 (10) "Funeral director" has the meaning given in s. 445.01 (5).

AB75,6,12 (11) "Funeral establishment" has the meaning given in s. 445.01 (6).

AB75,6,14 (12) "Human remains" means the body or part of the body of a deceased individual.

AB75,6,16 (13) "Incapacitated" means unable to receive and evaluate information effectively or to communicate decisions.

AB75,6,18 (14) "Niche" means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains.

AB75,6,21 440.71 Registration; renewal. (1) Prohibition. No person may cremate human remains unless the department has registered the person as a crematory authority under sub. (2).

AB75,6,23 (2) Registration. The department shall register a person as a crematory authority if the person does all of the following:

AB75,6,24 (a) Pays the fee specified in s. 440.05 (1).

AB75,7,2 (b) Submits an application on a form provided by the department that includes all of the following:

AB75,7,4 1. The name and address of the applicant or the business entity that the applicant represents.

AB75,7,5 2. The address of the crematory.

AB75,7,7 3. A description of the structure and equipment proposed to be used in operating the crematory.

AB75,7,8 4. Any other information that the department may require.

AB75,7,12 (3) Renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a).

AB75,7,15 440.72 Authorizing agents. (1) Except as provided in subs. (3) and (4), only the following may act as an authorizing agent and direct the cremation of the human remains of a decedent:

AB75,7,16 (a) The decedent's surviving spouse.

AB75,7,22 (b) One of the decedent's surviving adult children who confirms in writing to the crematory authority that all other surviving children have been notified about the cremation, if the individual specified in par. (a) declines to act as authorizing agent but does not object to the cremation, or is dead or incapacitated, unless another surviving adult child of the decedent provides a written objection to the cremation to the crematory authority.

AB75,8,2 (c) A surviving parent of the decedent, if the individuals specified in pars. (a) and (b) decline to act as authorizing agent but do not object to the cremation, or are dead or incapacitated, unless a surviving parent of the decedent provides a written objection to the cremation to the crematory authority.

AB75,8,7 (d) A surviving individual related in the closest degree of kinship to the decedent, as determined under s. 990.001 (16), if the individuals specified in pars. (a) to (c) decline to act as authorizing agent but do not object to the cremation, or are dead or incapacitated, unless a surviving individual of the same degree of kinship provides a written objection to the cremation to the crematory authority.

AB75,8,9 (e) Any other person, if the individuals specified in pars. (a) to (d) decline to act as authorizing agent but do not object to the cremation, or are dead or incapacitated.

AB75,8,17 (2) An individual is incapacitated for purposes of sub. (1) if 2 physicians licensed under subch. II of ch. 448, or one physician licensed under subch. II of ch. 448 and one psychologist licensed under ch. 455, have personally examined the individual and signed a statement specifying that the individual is incapacitated. Age, eccentricity, or physical disability, either singly or together, are insufficient to make a finding that an individual is incapacitated. Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in s. 242.01 (11), of the individual.

AB75,8,22 (3) If a decedent's estate is insufficient to pay the expenses related to final disposition of the decedent's human remains, or if final disposition of the decedent's human remains is the responsibility of the state or a local unit of government, the following persons, in the priority listed, may act as an authorizing agent and direct the cremation of the decedent's human remains:

AB75,9,2 (a) An individual specified in sub. (1) (a) to (d), unless one of those individuals objects in writing to the cremation or states in writing that cremation was contrary to the religious beliefs of the decedent or unless the crematory authority determines that there is evidence that cremation was contrary to the religious beliefs of the decedent.

AB75,9,4 (b) The coroner or medical examiner of the county in which the decedent's death occurred.

AB75,9,5 (c) The decedent's guardian at the time of the decedent's death.

AB75,9,9 (4) An individual may not act as an authorizing agent unless he or she has made all reasonable efforts to contact all individuals under sub. (1) who have superior authority to act as an authorizing agent and has confirmed that such individuals do not object to the cremation.

AB75,9,12 (5) An individual may act as an authorizing agent, or authorize another individual to act as an authorizing agent, for purposes of directing the cremation of his or her own body part.

AB75,9,15 440.73 Authorization forms. An authorizing agent may direct the cremation of the human remains of a decedent only by completing a form that includes all of the following:

AB75,9,16 (1) The name of the decedent and the date and time of the decedent's death.

AB75,9,18 (2) The name of the authorizing agent and his or her relationship to the decedent.

AB75,9,22 (3) A statement that the authorizing agent has the authority to authorize the cremation and either that no other individual has superior authority or that the authorizing agent has made all reasonable efforts to contact all individuals with superior authority and such individuals do not object to cremation.

AB75,9,25 (4) A statement that the authorizing agent has no reason to believe that the decedent's remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.

AB75,10,4 (5) The name of the funeral director, funeral establishment, or cemetery that the authorizing agent authorizes to receive the cremated remains or, if alternative arrangements are made for receiving the cremated remains, a description of those arrangements.

AB75,10,6 (6) If known by the authorizing agent, the manner in which the cremated remains are to be disposed.

AB75,10,8 (7) An itemized list of valuables on the decedent's person that are to be removed prior to cremation and returned to the authorizing agent.

AB75,10,10 (8) If a viewing or other services are planned, the date and time of the viewing or services.

AB75,10,12 (9) The signature of the authorizing agent attesting to the accuracy of the representations contained on the form.

AB75,10,15 440.74 Delegation of authority. An authorizing agent may, in writing, delegate the authority to direct the cremation of the human remains of a decedent to another individual. The delegation shall include all of the following:

AB75,10,17 (1) The name and address of the authorizing agent and the relationship of the authorizing agent to the decedent.

AB75,10,19 (2) The name and address of the individual to whom the delegation is made and the relationship of the authorizing agent to that individual.

AB75,10,22 440.75 Liability of authorizing agent. An authorizing agent is liable for damages resulting from authorizing the cremation of the human remains of a decedent.

AB75,11,2 440.76 Revocation of authorization. Before a cremation is performed, an authorizing agent may cancel the cremation by providing the crematory authority with a written statement revoking the authorization form. An authorizing agent who revokes an authorization form shall provide the crematory authority with written instructions regarding the final disposition of the human remains.

AB75,11,5 440.77 Delivery and acceptance of human remains. (1) Receipt for delivery. A crematory authority that receives human remains from a person shall provide the person with a receipt that includes all of the following:

AB75,11,6 (a) The name of the decedent.

AB75,11,7 (b) The date and time that the human remains were delivered.

AB75,11,9 (c) A description of the type of casket or container in which the human remains were delivered.

AB75,11,12 (d) The name of the person who delivered the human remains and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.

AB75,11,15 (e) The name of the person who received the human remains on behalf of the crematory authority and the name of the funeral establishment or other business entity, if any, with which the crematory authority is affiliated.

AB75,11,16 (f) The signature of the person who delivered the human remains.

AB75,11,18 (g) The signature of the person who received the human remains on behalf of the crematory authority.

AB75,11,21 (2) Acceptance of human remains. (a) A crematory authority may not refuse to accept delivery of human remains solely on the basis that the human remains have not been placed in a casket or have not been embalmed.

AB75,11,23 (b) A crematory authority may refuse to accept delivery of human remains if any of the following apply:

AB75,11,25 1. The casket or other container used for the human remains has evidence of leakage of bodily fluids.

AB75,12,3 2. The crematory authority has knowledge of a dispute regarding the cremation of the human remains, unless the crematory authority receives a copy of a court order or other documentation indicating that the dispute has been resolved.

AB75,12,5 3. The crematory authority has reason to believe that a representation of the authorizing agent is not true.

AB75,12,8 4. The crematory authority has reason to believe that the human remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.

AB75,12,11 440.78 Cremation requirements. (1) Documentation. A crematory authority may not cremate the human remains of a decedent unless the authority has received all of the following:

AB75,12,12 (a) An authorization form completed by an authorizing agent.

AB75,12,13 (b) A copy of the cremation permit issued under s. 979.10 (1) (a).

AB75,12,15 (c) If a report for final disposition of a human corpse is required under s. 69.18 (3), a copy of the report.

AB75,12,22 (2) Holding facility. (a) Upon accepting delivery of human remains, a crematory authority shall place the human remains in a holding facility until they are cremated, except that, if the crematory authority obtains knowledge of a dispute regarding the cremation of the human remains, the crematory authority may, until the dispute is resolved, return the human remains to the person who delivered the human remains or the funeral establishment or other business entity with which that person is affiliated, neither of which may refuse to accept the human remains.

AB75,12,24 (b) A crematory authority shall restrict access to a holding facility to authorized personnel.

AB75,13,3 (3) Caskets and other containers. (a) A crematory authority may not require human remains to be placed in a casket before cremation or to be cremated in a casket.

AB75,13,7 (b) Unless a crematory authority obtains the prior written consent of the authorizing agent, and except as provided in par. (c), a crematory authority shall cremate with human remains the casket or other container holding the human remains or destroy the casket or other container.

AB75,13,12 (c) A container may be used to hold human remains that are to be cremated only if the container is composed of readily combustible materials that are resistant to leakage and spillage, has the ability to be closed for complete covering of the human remains, is sufficiently rigid to provide ease in handling, and is able to protect the health and safety of crematory personnel.

AB75,13,15 (4) Viewings or other services. A crematory authority may not cremate human remains before the date and time specified in an authorization form under s. 440.73 (8).

AB75,13,19 (5) Simultaneous cremation. Unless a crematory authority receives the prior written consent of each authorizing agent, a crematory authority may not simultaneously cremate the human remains of more than one individual within the same cremation chamber.

AB75,13,22 (6) Residue removal. Upon completion of each cremation, a crematory authority shall, insofar as practicable, remove all of the cremated remains from the cremation chamber.

AB75,13,24 (7) Containers for cremated remains. A container may be used to hold cremated remains only if all of the following are satisfied:

AB75,14,2 (a) Except as provided in sub. (8), the container is a single container of sufficient size to hold the cremated remains.

AB75,14,4 (b) The container may be closed in a manner that prevents the entrance of foreign materials and prevents leakage or spillage of the cremated remains.

AB75,14,9 (8) Excess remains; additional container. If cremated remains that a crematory authority recovers from a cremation chamber do not fit within the container that the authorizing agent has selected, the crematory authority shall return the remainder of the human remains to the authorized agent or authorized agent's designee in a separate container.

AB75,14,12 (9) Identification system. A crematory authority shall maintain an identification system that ensures the identity of human remains throughout all phases of the cremation process.

AB75,14,18 440.79 Deliveries of cremated remains. A crematory authority may deliver cremated remains to another person only by making the delivery in person or by using a delivery service that has a system for tracking the delivery. The crematory authority shall obtain a signed receipt from the person to whom the cremated remains are delivered. The crematory authority shall ensure that the receipt includes all of the following:

AB75,14,19 (a) The name of the decedent.

AB75,14,20 (b) The date and time that the cremated remains were delivered.

AB75,14,23 (c) The name and signature of the person to whom the cremated remains were delivered and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.