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This entry was published on 2021-07-09
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SECTION 4145
Deaths; burial and removal permits; disposition of remains
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 4
§ 4145. Deaths; burial and removal permits; disposition of remains. 1.
No person in charge of any premises on which interments, cremations or
other disposition of the body of a deceased person are made shall inter
or permit the interment or other disposition of any body unless it is
accompanied by a burial, cremation or transit permit, as provided in
this article.

2. (a) The funeral director or undertaker shall deliver the burial
permit to the person in charge of the place of burial or other
disposition before interring or otherwise disposing of the body or shall
attach the removal or transit permit to the box containing the body,
when shipped by any transportation company, which permit shall accompany
the remains to its destination, where, if within this state, it shall be
delivered to the person in charge of the place of burial or other
disposition.

(b) Any person or other entity owning, operating, managing, or
designated to receive the body of a deceased person at a place of
burial, cremation, or other final disposition in this state, who
receives the body of a deceased person, shall provide a receipt for the
body to the funeral director, undertaker or registered resident who
delivered such body. Each receipt shall (i) be endorsed by both such
person and the funeral director, undertaker or registered resident, (ii)
indicate the date the body was delivered, (iii) include the name of the
funeral director, undertaker or registered resident delivering the body
and the registration number of such funeral director, undertaker or
registered resident, (iv) include the name of the registered funeral
firm the funeral director, undertaker or registered resident represents,
(v) include the name of the deceased person as it appears on the burial,
cremation, or transit permit, and (vi) include the name of the owner,
operator, manager, or person in charge of the place of burial,
cremation, or other final disposition who received the body of the
deceased person. A copy of such receipt shall be retained by the owner,
operator, manager, or person in charge of the place of burial,
cremation, or other final disposition for a period of not less than four
years, and shall be made available for inspection by the division of
cemeteries during normal business hours. The original copy of every such
receipt shall be retained by the licensed funeral firm for a period of
not less than four years pursuant to the rules and regulations of the
department governing the maintenance of records.

3. The person in charge of the place of burial or other disposition
shall endorse upon the permit, the date of interment, or cremation or
other disposition over his signature, and shall return all permits so
endorsed to the registrar of his district within seven days after the
date of interment, cremation or other disposition.

4. When burying or otherwise disposing of the body of a deceased
person in a cemetery or burial place having no person in charge, the
funeral director or undertaker shall (a) sign the burial or removal
permit, giving the date of burial; (b) write across the face of the
permit the words "No person in charge; " and (c) file the burial or
removal permit within three days with the registrar of the district in
which the cemetery is located.

5. The person in charge of the place of burial, cremation, or other
disposition shall keep a record of all bodies interred or otherwise
disposed of on the premises under his charge, in each case stating the
name of each deceased person, place of death, date of burial or
disposal, and name and address of the funeral director or undertaker,
which record shall at all time be open to official inspection.

6. For the purposes of this section, such documents required to be
produced under this section may be signed by written instrument or the
use of an electronic signature, as that term is defined in subdivision
three of section three hundred two of the state technology law, with the
intent to execute the instrument, writing or electronic record.