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This entry was published on 2014-09-22
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SECTION 4202
Cremated remains; disposition
Public Health (PBH) CHAPTER 45, ARTICLE 42, TITLE 1
§ 4202. Cremated remains; disposition. 1. Every body delivered to a
cemetery for cremation shall be accompanied by a statement from a
physician, coroner, or medical examiner certifying that such body does
not contain a battery or power cell. The person in charge of a cemetery
may refuse to cremate a body unless accompanied by such statement.

2. Cremated remains means human remains after incineration in a
crematory.

3. An institution authorized by article forty-two or forty-three of
this chapter to receive unclaimed cadavers or anatomical gifts,
notwithstanding any other provision of law, may prepare or preserve
cadavers in its lawful possession for purposes of research, study or
anatomical instruction and may cremate the cadavers or dissected remains
of such cadavers after the completion of such research, study or
anatomical instruction thereon; provided, however, that cremation shall
be performed only in a retort used exclusively for such purpose. For the
purposes of the provisions of this subdivision, such institution shall
not be subject to article fifteen of the not-for-profit corporation law.

4. At the time of the arrangement for a funeral performed by any
undertaker or funeral director, the person contracting for funeral
services shall designate his intentions with respect to the disposition
of the remains of the deceased in a signed declaration of intent on a
form as designated by the department which shall be provided by and
retained by the undertaker. Every undertaker, administrator, executor,
authorized representative of a deceased person, corporation, company or
association, or other person having in his or its lawful possession
cremated remains, except such remains committed to his or its care for
permanent interment, which remains shall not have been claimed by a
relative or friend of the deceased person within one hundred twenty days
from the date of cremation, may dispose of such remains by placement in
a tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery,
or scattering of the remains at sea or by otherwise disposing of such
remains as provided by rule of the department. A record of such
disposition shall be made and kept by the person making such
disposition. Upon disposing of such remains in the manner prescribed
above, such person shall be discharged from any legal obligation or
liability in relation to such remains.