40 KAR 2:150reg. Cremation forms and inspections

      Section 1. Cremation Authorization Form. The ["]Cremation Authorization["], Form CR-1, required by KRS 367.97524, shall contain the following information:

      (1) The name of the crematory authority;

      (2) The address of the crematory authority, including the city, state, and zip code;

      (3) The telephone number of the crematory authority;

      (4) A statement informing the authorizing agent that it is the policy of the crematory authority that it will accept a decedent for cremation only after civil and medical authorities have issued all required permits, all necessary authorizations have been obtained and no objections have been raised, and all prerequisites by the state of death have taken place and any required forms or permits are attached;

      (5) The name, address (including the city, state, and zip code), age, and gender of the decedent[deceased], and the place and date of death;

      (6)[(5)] Whether or not the decedent's death was due to an infectious disease and, if so, an explanation;

      (7) A statement that pacemakers, radioactive, silicon or other implants, mechanical devices or prosthesis may create a hazardous condition if placed in cremation chamber and subjected to heat, and that the authorizing agent instructs the crematory authority or funeral home to remove all devices that may become hazardous during the cremation process;

      (8)[(6)] Whether the decedent's remains contain any devices, including mechanical, prosthetic, implants or materials, which may have been implanted in or attached to the decedent[a pacemaker, prosthesis, radioactive implant], or any other device that may become hazardous during the cremation process, and a description of the devices[could be explosive];

      (9)[(7)] Whether the decedent had been treated with therapeutic radionuclides such as Strontium 89 or any other treatment that would result in residual radioactive material remaining as part of the decedent's remains and, if so, what the treatment was and when the last treatment was administered;

      (10) A statement informing the authorizing agent of the following concerning identification of the decedent:

      (a) Kentucky law requires the decedent's remains to be identified before cremation can take place; and

      (b) The individual making the identification can be the authorizing agent, a family member, friend, coroner, or any other person who has personal knowledge of the decedent or the ability to make positive identification and who accepts any liability arising from the identification;

      (11)[(8)] The name of the individual identifying the decedent's remains prior to cremation, the relationship of that individual to the decedent, and the signature of the individual identifying the body for cremation;

      (12) Statements informing the authorizing agent of the following regarding cremation authorization:

      (a) The person legally entitled to order the cremation of the decedent is the authorizing agent;

      (b) The right to authorize the cremation of the decedent’s body devolves according to the order of authority of classes of authorizing agents listed in subsection (13) of this section; and

      (c) An authorizing agent in the order of authority classes described in subsection (13)(e) through (k) of this section shall provide their signature, printed name, address, city, state, zip code, and telephone number;

      (13) The selection of the class of authorizing agents having the right to authorize the cremation of the decedent’s body, in the following order of authority:

      (a) The decedent through a Funeral Planning Declaration, Form FPD-1 as incorporated by reference in 40 KAR 2:145, and that the original Funeral Planning Declaration shall be attached;

      (b) The person named as the designee or alternate designee in a Funeral Planning Declaration, Form FPD-1 as incorporated by reference in 40 KAR 2:145, and that the original Funeral Planning Declaration shall be attached;

      (c) The person named in a United States Department of Defense form Record of Emergency Data (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces, and the original form shall be attached;

      (d) The decedent through a Preneed Cremation Authorization, Form CR-3 completed and executed before July 15, 2016, and that the original Preneed Cremation Authorization, Form CR-3 shall be attached;

      (e) The surviving spouse of the decedent;

      (f) The surviving adult child or children of the decedent by selecting one (1) of the following, and the number of surviving adult children:

      1. The sole surviving adult child of the decedent;

      2. The majority of the surviving adult children of the decedent if there is more than one (1); or

      3. Less than a majority of the surviving adult children, if at least one (1) attests that the child or children have used reasonable efforts to notify the other surviving adult children of their intentions and are not aware of any opposition to cremation of the decedent by more than half of the surviving adult children, by executing the attestation included in the Cremation Authorization, Form CR-1 or attaching a similar executed statement;

      (g) The surviving parent or parents of the decedent by selecting one (1) of the following, and the number of surviving parents:

      1. The sole surviving parent of the decedent;

      2. The surviving parents of the decedent; or

      3. If only one (1) of the parents is present, the present parent attests that the present parent has used reasonable efforts to notify the absent parent, by executing the attestation included in the Cremation Authorization, Form CR-1 or attaching a similar executed statement;

      (h) The surviving adult grandchild or grandchildren of the decedent by selecting one (1) of the following, and the number of surviving adult grandchildren:

      1. The sole surviving adult grandchild of the decedent;

      2. The majority of the surviving adult grandchildren of the decedent if there is more than one (1); or

      3. Less than a majority of the surviving adult grandchildren, if at least one (1) attests that the grandchild or grandchildren have used reasonable efforts to notify the other surviving adult grandchildren of their intentions and are not aware of any opposition to cremation of the decedent by more than half of the surviving adult grandchildren, by executing the attestation included in the Cremation Authorization, Form CR-1 or attaching a similar executed statement;

      (i) The surviving adult sibling or siblings of the decedent by selecting one (1) of the following, and the number of surviving adult siblings:

      1. The sole surviving adult sibling of the decedent;

      2. The majority of the surviving adult siblings of the decedent if there is more than one (1); or

      3. Less than a majority of the surviving adult siblings, if at least one (1) attests that the sibling or siblings have used reasonable efforts to notify the other surviving adult siblings of their intentions and are not aware of any opposition to cremation of the decedent by more than half of the surviving adult siblings and this has been attested to in writing by executing the attestation included in the Cremation Authorization, Form CR-1 or attaching a similar executed statement;

      (j) The surviving individual or individuals of the next degree of kinship under KRS 391.010 to inherit the estate of the decedent, by selecting one (1) of the following, and the relationship and number of surviving individuals of that relationship:

      1. The sole individual in the next degree of kinship under KRS 391.010 to inherit the estate of the decedent;

      2. The majority of the individuals who are of the next degree of kinship under KRS 391.010 to inherit the estate of the decedent if there is more than one (1); or

      3. Less than a majority of the individuals who are of the next degree of kinship under KRS 391.010 to inherit the estate of the decedent, if at least one (1) attests that they used reasonable efforts to notify the other individuals who are of the same degree of kinship of their intentions and are not aware of any opposition to cremation of the decedent by more than half of the individuals who are of the same degree of kinship, by executing the attestation included in the Cremation Authorization, Form CR-1 or attaching a similar executed statement; and

      (k) If none of the persons listed in paragraphs (a) through (j) of this subsection are available, a person willing to act and arrange for the final disposition of the decedent’s remains, including a funeral home, that has a valid prepaid funeral plan that makes arrangements for the disposition of the decedent’s remains, who attests that a good-faith effort has been made to contact any living individuals in an order of authority class described in paragraphs (a) to (j) of this subsection, by executing the attestation included in the Cremation Authorization, Form CR-1 or attaching a similar executed statement;

      (14) Statements[(9) A statement] informing the authorizing agent of the following regarding other rights and responsibilities concerning cremations:

      (a) If the authorizing agent is in an order of authority class described in subsection (13)(e) through (k) of this section, the authorizing agent shall carefully read and understand the statements described in this subsection before signing the authorization;

      (b) If the authorizing agent is in an order of authority class described in subsection(13)(e) through (k) of this section, the authorizing agent shall direct the crematory authority on the final disposition of the cremated remains;

      (c)[(b)] The crematory authority shall not conduct any cremation nor accept a body for cremation unless it has a Cremation Authorization, Form CR-1 signed by the authorizing agent clearly stating the final disposition; [and]

      (d)[(c)] If the cremation is being performed pursuant to a Funeral Planning Declaration, Form FPD-1 as incorporated by reference in 40 KAR 2:145, or a Preneed Cremation Authorization, Form CR-3 that was completed and executed before July 15, 2016, the original form shall be attached to the Cremation Authorization, Form CR-1[this form] in lieu of the[completing] statements in paragraphs (e) through (r) of this subsection[on this form] concerning the authorization of the cremation;

      (e) All[(10) A statement informing the authorizing agent that all] cremations are performed individually and it is unlawful to cremate the remains of more than one (1) individual within the same cremation chamber at the same time;

      (f)[(11) A statement informing the authorizing agent of the following:

      (a)] The consumer may choose cremation without choosing embalming services;

      (g)[(b)] If the crematory authority does not have a refrigerated holding facility, it shall not accept human remains for anything other than immediate cremation;

      (h) The consumer is not required to purchase a casket for the purpose of cremation;

      (i)[(c)] The crematory authority requires that the body of the decedent[deceased] shall be delivered for cremation in a suitable, closed container that[which] shall be either a casket or an alternative cremation container for cremation, but the crematory authority shall not require that the body be placed in a casket before cremation or that the body be cremated in a casket, nor shall a crematory authority refuse to accept human remains for cremation because they are not in a casket;

      (j) The container in which the body is delivered to the crematory for cremation shall[(d) If an alternative container is provided, it shall meet the following standards]:

      1. Be composed of readily-combustible materials suitable for cremation;

      2. Be able to be closed to provide a complete covering for the human remains;

      3. Be resistant to leakage or spillage; and

      4. Be rigid enough to support the weight of the decedent[deceased];

      (k)[(e)] The crematory authority may[is authorized to] inspect the casket or alternative container, including opening it if necessary, and[if there is leakage or damage,] the crematory authority shall not[refuse to] accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains in the container[the decedent for the purpose of cremation or refrigeration];

      (l)[(f)] The type of casket or cremation container selected for cremation;

      (m)[(g)] Due to the nature of the cremation process any personal possessions or valuable materials, such as dental gold or jewelry, as well as any body prostheses or dental bridgework, that are left with the decedent and not removed from the casket or alternative cremation container prior to cremation shall be destroyed or shall otherwise not be recoverable, unless authority to do so otherwise is specifically granted in writing;

      (n)[(h)] As the casket or alternative container will usually not be opened by the crematory authority to remove valuables, to allow for final viewing or for any other reason unless there is leakage or damage, the authorizing agent understands that arrangements shall be made to remove any possessions or valuables prior to the time the decedent is transported to the crematory authority;

      (o)[(i)] Cremated remains, to the extent possible, shall not be contaminated with foreign material;

      (p)[(j)] All noncombustible materials, such as dental bridgework, and materials from the casket or alternative cremation container, such as hinges, latches, and nails, shall be separated and removed, to the extent possible, by visible or magnetic selection and shall be disposed of by the crematory authority with similar materials from other cremations in a nonrecoverable manner, so that only human bone fragments and organic ash, including both human remains and container remains, remain, unless those objects are used for identification or as may be requested by the authorizing agent;

      (q)[(k)] As the cremated remains often contain recognizable bone fragments, unless otherwise specified, after bone fragments have been separated from the other material, they shall be mechanically processed or pulverized, which includes crushing or grinding into granulated particles of unidentifiable dimensions, virtually unrecognizable as human remains, prior to placement into the designated container; and

      (r)[(l)] While every effort shall be made to avoid commingling of cremated remains, inadvertent or incidental commingling of minute particles of cremated remains from the residue of previous cremations is a possibility, and the authorizing agent understands and accepts this fact;

      (15)[(12)] Instructions on disposition of the cremated remains, indicating whether the cremated remains will be:

      (a) Interred and, if so, where;

      (b) Scattered in a scattering area or garden and, if so, where;

      (c) In any manner[Scattered] on private property with the permission of the owner and, if so, where;

      (d) Delivered either in person or by a method that has an internal tracking system that provides a receipt signed by the person accepting delivery[registered mail] and, if so, to whom; or

      (e) Picked up at the crematory office and, if so, by whom;

      (16)[(13)] The date the body was received by the crematory authority, the cremation number, the date of cremation, the name of the person performing the cremation, and the signature of the person performing the cremation, certifying that the cremation has been performed;

      (17) A statement informing the authorizing agent of the following regarding execution of the Cremation Authorization, Form CR-1:

      (a) Executing the Cremation Authorization, Form CR-1 as authorizing agent grants consent to the cremation of the decedent; and

      (b) Executing the Cremation Authorization, Form CR-1 as authorizing agent warrants:

      1. That all representations and statements contained on the Cremation Authorization, Form CR-1 are true and correct;

      2. That the statements contained on the Cremation Authorization, Form CR-1 were made to induce the crematory authority to cremate the human remains of the decedent; and

      3. That the person executing the Cremation Authorization, Form CR-1 has read and understands the provisions contained on the Cremation Authorization, Form CR-1;

      (18)[(14)] Signature of each[the] authorizing agent granting consent to the cremation of the decedent;

      (19)[(15)] The name of each[the] authorizing agent and the relationship of the authorizing agent to the decedent[deceased];

      (20)[(16)] The address of the authorizing agent, including the city, state, and zip code;

      (21)[(17)] The telephone number of the authorizing agent;

      (22)[(18)] The name, address, city, state, zip code, telephone number, and signature of the funeral director or other individual as witness for the authorizing agent; and

      (23)[(19)] The date and location where the authorizing agent signed the Cremation Authorization, Form CR-1.

 

      Section 2. Crematory Annual Report Form. The ["]Crematory Annual Report["], Form CR-2, required by KRS 367.97504(6), shall contain the following information:

      (1) The name of the crematory authority;

      (2) The address of the crematory authority, including the city, state, and zip code;

      (3) The number of retorts operated by the crematory authority;

      (4) The number of cremations performed by the crematory authority in each retort during the preceding calendar year;

      (5) The total number of cremations performed by the crematory authority during the preceding calendar year;

      (6) A numerical breakdown of the disposition of cremated remains in the preceding year, indicating the number:

      (a) Scattered;

      (b) Interred, either in a niche or in-ground burial;

      (c) Returned to the family or funeral home; or

      (d) With other means of disposition. The other means of disposition used shall be briefly described;

      (7) A list of the names and registration numbers of all crematory operators who worked for the crematory authority during the preceding year;

      (8) The signature of the individual completing the form and the date on which the form was completed; and

      (9) A statement requiring the remittance of a ten (10) dollar check or money order for the annual registration fee.

 

      Section 3. Preneed Cremation Authorization Form. (1) The ["]Preneed Cremation Authorization["], Form CR-3, required by KRS 367.97527 before that statute was amended effective July 15, 2016, shall not be completed or executed on or after July 15, 2016.

      (2) A Preneed Cremation Authorization, Form CR-3, completed and executed prior to July 15, 2016, shall contain the following information:

      (a)[(1)] The name of the crematory authority;

      (b)[(2)] The address, including the city, state, and zip code;

      (c)[(3)] The telephone number of the crematory authority;

      (d)[(4)] The name of the authorizing agent;

      (e)[(5)] The address of the authorizing agent, including the city, state, and zip code;

      (f)[(6)] The home telephone number of the authorizing agent;

      (g)[(7)] The age and gender of the authorizing agent;

      (h)[(8)] Whether the decedent authorizing agent has any infectious or contagious disease and, if so, an explanation;

      (i)[(9)] Whether the decedent authorizing agent's body contains a pacemaker, prosthesis, radioactive implant, or any other device that could be explosive;

      (j)[(10)] Whether the decedent authorizing agent has been treated with therapeutic radionuclides such as Strontium 89 or any other treatment that would result in residual radioactive material remaining as part of the decedent authorizing agent's remains and, if so, what the treatment was and the last date it was administered;

      (k)[(11)] A statement specifying that all cremations are performed individually and that it is unlawful to cremate the remains of more than one (1) individual within the same cremation chamber at the same time;

      (l)[(12)] A statement informing the authorizing agent that the agent may choose cremation without choosing embalming services and that if the crematory chosen does not have a refrigerated holding facility it shall not accept human remains for anything other than immediate cremation;

      (m)[(13)] A statement informing the authorizing agent of the following:

      1.[(a)] The agent is not required to purchase a casket for the purpose of cremation;

      2.[(b)] The crematory authority shall require the decedent authorizing agent to be delivered for cremation in a suitable container which shall be either a casket or an alternative cremation container; and

      3.[(c)] An alternative cremation container shall meet the following standards:

      a.[1.] Be composed of readily-combustible materials suitable for cremation;

      b.[2.] Be able to be closed to provide a complete covering for the human remains;

      c.[3.] Be resistant to leakage or spillage; and

      d.[4.] Be rigid enough to support the weight of the decedent[deceased];

      (n)[(14)] A statement informing the authorizing agent that the crematory may[is authorized to] inspect the casket or alternative container, including opening if necessary, and if there is leakage or damage, the crematory shall refuse to accept the decedent authorizing agent's remains for the purpose of cremation or refrigeration;

      (o)[(15)] The type of casket or alternative container selected for cremation;

      (p)[(16)] A statement informing the authorizing agent of the following:

      1.[(a)] Due to the nature of the cremation process any personal possessions or valuable materials, such as dental gold or jewelry, as well as any body prostheses or dental bridgework, that are left with the decedent authorizing agent and not removed from the casket or alternative container prior to cremation shall be destroyed or shall otherwise not be recoverable; and

      2.[(b)] The casket or alternative container will usually not be opened by the crematory authority to permit the removal of valuables, to allow for final viewing or for any other reason unless there is leakage or damage, so the authorizing agent shall make arrangements to have any possessions or valuables removed prior to the time the remains are transported to the crematory authority;

      (q)[(17)] A statement informing the authorizing agent of the following:

      1.[(a)] To the extent possible, cremated remains shall not be contaminated with foreign material;

      2.[(b)] All noncombustible materials such as dental bridgework, and materials from the casket or alternative container, such as hinges, latches, and nails, shall be separated and removed, to the extent possible, by visible or magnetic selection and shall be disposed of by the crematory authority with similar materials from other cremations in a nonrecoverable manner, so that only human bone fragments and organic ash, including both human remains and container remains, remain;

      3.[(c)] As the cremated remains often contain recognizable bone fragments, unless otherwise specified, after the bone fragments have been separated from the other material, they shall be mechanically processed or pulverized, which includes crushing or grinding into granulated particles of unidentifiable dimensions, virtually unrecognizable as human remains, prior to placement into the designated container; and

      4.[(d)] While every effort shall be made to avoid commingling of cremated remains, inadvertent or incidental commingling of minute particles of cremated remains from the residue of previous cremations is a possibility, and the authorizing agent understands and accepts this fact;

      (r)[(18)] A statement informing the authorizing agent of the following:

      1.[(a)] The original copy of the Preneed Cremation Authorization, Form CR-3 shall be retained by the firm or person with which the arrangements are being made and a copy shall be provided to the authorizing agent; and

      2.[(b)] A person arranging his or her own cremation shall have the right to transfer or cancel this authorization at any time prior to death by notifying by certified mail, the firm or person with which the preneed authorization form is filed;

      (s)[(19)] A statement informing the authorizing agent that if there are not different or inconsistent instructions provided to the crematory authority at the time of death, the crematory authority shall release or dispose of the cremated remains as indicated on this Preneed Cremation Authorization, Form CR-3;

      (t)[(20)] A statement informing the authorizing agent of the following:

      1.[(a)] If there is a conflict between the authorizing agent's preneed authorization and the demands of the next class of authorizing agent, the crematory authority shall not accept for cremation the authorizing agent's remains without an order deciding the issues entered by the district court of the county of the decedent authorizing agent's residence or the county where the funeral home or the crematory authority is located;

      2.[(b)] The order may be issued by the court after a petition for a resolution has been initiated by any natural person in the next class of authorizing agent or the crematory authority; and

      3.[(c)] Unless extraordinary circumstances exist, the court shall give due deference to the desires of the decedent authorizing agent as expressed in the Preneed Cremation Authorization, Form CR-3;

      (u)[(21)] Instructions on the disposition of the cremated remains, indicating whether the cremated remains will be:

      1.[(a)] Interred and, if so, where;

      2.[(b)] Scattered in a scattering area or garden and, if so, where;

      3.[(c)] Scattered on private property with the permission of the owner and, if so, where;

      4.[(d)] Delivered either in person or by registered mail and, if so, to whom; or

      5.[(e)] Picked up at the crematory office and, if so, by whom;

      (v)[(22)] The printed name, signature, address (including city, state, and zip code) and home telephone of the authorizing agent, explicitly authorizing the crematory authority to cremate the human remains of the authorizing agent;

      (w)[(23)] The date and location where the authorizing agent signed the Preneed Cremation Authorization, Form CR-3;

      (x)[(24)] The signature of the funeral director or other individual as witness for the authorizing agent;

      (y)[(25)] The name of the funeral director or other individual acting as witness for the authorizing agent;

      (z)[(26)] The address of the funeral director or other individual acting as witness for the authorizing agent, including the city, state, and zip code; and

      (aa)[(27)] The telephone number of the funeral director or other individual acting as witness for the authorizing agent.

 

      Section 4. Statement of Supervision Form. The ["]Statement of Supervision for Registered Crematory Retort Operators["], Form CR-4, required by KRS 367.97514(6), shall contain the following information:

      (1) The name of the crematory retort operator who was supervised;

      (2) The name of the employer crematory authority;

      (3) The name of the supervising crematory operator, verifying that the crematory retort operator completed forty-eight (48) hours of on the job training supervised by the crematory operator;

      (4) The date on which the form was signed;

      (5) The signature of the crematory retort operator;

      (6) The signature of the crematory operator who supervised the crematory retort operator; and

      (7) The registration number of the crematory operator.

 

      Section 5. Crematory Authority License Application Form. The ["]Crematory Authority License Application["], Form CR-5 required by KRS 367.97504(1), shall contain the following information:

      (1) A statement informing the applicant that a crematory authority license shall be obtained from the Attorney General at least thirty (30) days prior to the opening of the crematory authority to conduct cremations;

      (2) A statement informing the applicant that a $100 registration fee shall accompany the application, and that the application shall be signed by a person, officer, or agent with authority to do so, under oath, and the signature shall be notarized[completed by the president, owner, corporate officer or any other person with the authority to bind the applicant];

      (3) The date of the application;

      (4) The full legal name of the applicant[crematory owner's name];

      (5) The crematory name, if different from the applicant[owner];

      (6) The business telephone number;

      (7) The physical address of the crematory, including the city, county, state, and zip code;

      (8) Mailing address, including city, state, and zip code, of the crematory authority, if different from the physical address;

      (9) The form of organization of the crematory, indicating whether it is a:

      (a) Corporation, and if so indicate the state of incorporation;

      (b) Limited liability company, and if so indicate the state of organization;

      (c) Partnership, and if so indicate the state of formation;

      (d)[(c)] Individual; or

      (e)[(d)] Other, and if so, please explain and indicate the state of formation;

      (10) Evidence of authority to transact business in the Commonwealth of Kentucky, including a copy of the applicant’s certificate of authority to transact business in the Commonwealth of Kentucky issued by the Kentucky Secretary of State, or other evidence of authority to transact business in the Commonwealth of Kentucky and describing the other evidence;

      (11) The name, position, home address, including the city, state, and zip code, driver’s license number and state of issuance, and date of birth,[Social Security number] of every owner of the applicant, or if the applicant is a business entity, every member, officer, and director of the applicant[crematory];

      (12)[(11)] The name, address, including city, state, and zip code, and account number, if applicable, of one (1)[three (3)] financial reference[references]. Suitable financial references shall include financial institutions and industry suppliers. Personal references shall not be acceptable;

      (13)[(12)] The name and address, including city, state, and zip code, of the financial institution at which the applicant has its business bank account;

      (14)[(13)] The account number of the business bank account;

      (15)[(14)] Whether the applicant intends to solicit preneed funeral contracts. If yes, a completed[an] application for a preneed burial sellers license, Form CPN-6, incorporated by reference in 40 KAR 2:155, shall be attached;

      (16)[(15)] A statement from the applicant's retort manufacturer, which shall include the following information:

      (a) The date on which the manufacturer delivered the retort to the applicant;

      (b) Whether the manufacturer installed the retort and, if so, when the installation occurred; and

      (c) Whether the retort was tested upon installation and, if so, the results of those tests;

      (17)[(16)] A statement informing the applicant that by submitting the application, the applicant represents, agrees to, and states under penalty of law,[is agreeing to] the following:

      (a) That[the applicant is stating under penalty of law that] the information provided is true and accurate to the best of the applicant's knowledge;

      (b) That the applicant is required to notify the Attorney General immediately of any change in the information required by this section and that KRS 367.97504(2) governs when a new license application form is required to be filed;

      (c) That the applicant is not insolvent, has not conducted business in a fraudulent manner, and is duly authorized to do business in the state;

      (d) That the applicant is in a position to commence operating a crematory and that all relevant state and local permits required have been issued;[and]

      (e) That no final judgment or conviction for any crime involving moral turpitude has been entered against the applicant;

      (f) That the license may be denied pursuant to KRS 367.97504, and may be denied, suspended, or revoked pursuant to KRS 367.97534;

      (g) That the applicant understands that, pursuant to KRS 367.97504(2), changes in the persons, firm, partnership, ownership, association, or corporate structure as originally named in the application render the license, if granted, void, and that the crematory authority shall file a new application before the changes shall be official[That the license, if granted, may be suspended or revoked pursuant to KRS 367.97534 if any of Kentucky's cremation statutes, KRS 367.97501 to 367.97537 or any implementing administrative regulations, this administrative regulation and 40 KAR 2:250, are violated]; and

      (h)[(f)] That the applicant is authorized to complete the application[this form] on behalf of the applicant crematory; and

      (18)[(17)] A dated and notarized signature of the person making the application on behalf of the crematory, and that person's title or position held.

 

      Section 6. Required Records of the Crematory Authority. The records maintained by the crematory authority required by KRS 367.97504(5) shall include the following:

      (1) A copy of the completed Cremation Authorization, Form CR-1 and, if applicable, the Preneed Cremation Authorization, Form CR-3 completed and executed prior to July 15, 2016, or the Funeral Planning Declaration, Form FPD-1 as incorporated by reference in 40 KAR 2:145, for all cremations occurring within the last ten (10) years;

      (2) A copy of the identification required to be attached to the outside of the cremation container by KRS 367.97507(2) and 367.97514(2); and

      (3) A copy of any stainless steel identification tag that[which] is placed with the human remains prior to cremation, is subjected to the cremation process with the human remains, survives the cremation process, and is left with the cremated remains after the cremation process is complete.

 

      Section 7. Inspection of Crematory Authorities. An inspection of the crematory authority and its records, as required by KRS 367.97504(5), shall include annual, unannounced inspections of all crematory authority facilities and records and[which] may include:

      (1) An inspection of the crematory authority to determine if it is in active operation or is in a position to commence operation;

      (2) An inspection of the retort for proper operation;

      (3) An inspection of the crematory authority facility to determine if it is secure from unauthorized access;

      (4) An inspection of the crematory authority facility to determine if the crematory authority license is displayed in a conspicuous place;

      (5) An inspection of the refrigerated holding facility used for holding human remains to determine if it is secure from unauthorized access and functioning properly; and

      (6) An inspection of crematory records for all cremations occurring within ten (10) years of the date of the inspection, including all information required to be kept by KRS 367.97504(5) and this administrative regulation.

 

      Section 8. Inspection Completion Certificate. Each crematory authority that[which] successfully passes an annual inspection shall receive an Inspection Completion Certificate, which shall contain the following:

      (1) The name of the crematory authority;

      (2) The address of the crematory authority, including city, state, and zip code;

      (3) A certified statement that an inspection has been performed by the Kentucky Attorney General's Office[ and that the crematory authority was found to be in compliance with KRS 367.97501 to 367.97537, this administrative regulation and 40 KAR 2:250 on the date of the inspection];

      (4) The date on which the inspection was performed; and

      (5) The signature of an authorized representative of the Attorney General's Office.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Cremation Authorization", Form CR-1, 07-16[11-02];

      (b) "Crematory Annual Report", Form CR-2, 11-02;

      (c) "Preneed Cremation Authorization", Form CR-3, 11-02;

      (d) "Statement of Supervision for Registered Crematory Retort Operators", Form CR-4, 11-02; and

      (e) "Crematory Authority License Application", Form CR-5, 07-16.[11-02;]

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Attorney General, Office of Consumer Protection[Division], 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601[40602], Monday through Friday, 8:00[8] a.m. to 4:30 p.m.

 

ANDY BESHEAR, Attorney General

      APPROVED BY AGENCY: July 15, 2016

      FILED WITH LRC: July 15, 2016 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2016, at 10:00 a.m., Eastern Time, at Kentucky Attorney General’s Office of Consumer Protection, 1024 Capital Center Drive, Suite 200, Frankfort Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by August 16, 2016, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m., Eastern Time, on August 31, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Kevin R. Winstead, Assistant Attorney General, Kentucky Attorney General’s Office of Consumer Protection, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601; phone [phone], fax [phone], email address [e-mail].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Kevin R. Winstead

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes a cremation authorization form identified in KRS 367.97501(6), a crematory annual report form identified in KRS 367.97504(6), a preneed cremation authorization form identified in KRS 367.97501(15) prior to its amendment effective July 15, 2016, that may be completed and executed before July 15, 2016, a statement of training for crematory operators identified in KRS 367.97514(6), and a crematory authority license application form identified in KRS 367.97504(1). This administrative regulation also identifies the records and information that must be maintained by the crematory operator as identified in KRS 367.97504(5), and establishes guidelines for crematory inspections regarding KRS 367.97504(1) and (5), 367.97511(4), 367.97514(5), and 367.97534.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary for the efficient and uniform application of the requirements of the cremation and crematory authority statutes in KRS 367.97501 to .97537. Senate Bill 103 (2016 Ky. Acts ch. 59), effective July 15, 2016, makes changes to KRS 367.97501 to .97537, and enacts KRS 367.93101 to .93121 regarding funeral planning declarations that also affect cremations and crematory authorities, thereby affecting this administrative regulation and certain forms created by this administrative regulation.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: Senate Bill 103, effective July 15, 2016, amends the cremation and crematory authority statutes in KRS 367.97501 to .97537 by deleting the order of authority in the definition of "authorization agent", deleting the preneed cremation authorization form and replacing references to it with references to the new funeral planning declaration form that is the subject of a separate new administrative regulation. Senate Bill 103 also, among other things, allows individuals to declare their preferences regarding final disposition of their body and related arrangements by using a funeral planning declaration form prescribed by administrative regulation promulgated by the Attorney General, and establishes a new order of authority for the right to control the final disposition of a decedent's body. The amendments to the existing administrative regulation will make certain conforming and other changes to the cremation authorization form, and provide that the preneed cremation authorization form cannot be completed or executed on or after July 15, 2016. The amendments will also amend the record maintenance requirements regarding cremations to include the new funeral planning declaration form if that form is used to authorize a cremation. The crematory authority license application will also be amended to reduce required owner identification information and financial institution documentation, require additional documentation regarding owners that are business entities, and clarify other statements in the application.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the effective administration of KRS 367.97501 to .97537, as amended by Senate Bill 103 effective July 15, 2016, by amending the cremation authorization form to include changes to the order of authority for the right to control the final disposition, including cremation, of a decedent’s body, and by providing that the preneed cremation authorization form, which was deleted by Senate Bill 103, cannot be completed or executed on or after July 15, 2016. The administrative regulation will also assist in the effective administration of the statutes by amending record maintenance requirements regarding cremations to include the new funeral planning declaration form if that form is used to authorize a cremation, and amending the crematory authority license application to reduce required owner identification information and financial institution documentation, require additional documentation regarding owners that are business entities, and clarify other statements in the application.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendments to the existing administrative regulation will make certain changes to cremation forms to conform to statutes enacted or amended in Senate Bill 103. The cremation authorization form will be amended to reflect the new order of authority for the right to control the final disposition of a decedent's body (KRS 367.93117) and to revise or clarify other statements in the form concerning the parties' rights and responsibilities. The amendments will provide that the preneed cremation authorization form cannot be completed or executed on or after July 15, 2016. The amendments will also amend the record maintenance requirements regarding cremations to include the new funeral planning declaration form if that form is used to authorize a cremation. The crematory authority license application will also be amended to reduce required owner identification information and financial institution documentation, require additional documentation regarding owners that are business entities, and clarify other statements in the application.

      (b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary for the efficient and uniform application of the requirements of KRS 367.97501 to .97537, as amended by Senate Bill 103 effective July 15, 2016. Senate Bill 103, among other things, changes the order of authority for the right to control the final disposition, including cremation, of a decedent’s body, deletes the preneed cremation authorization form, and allows individuals to declare their preferences regarding final disposition of their body and related arrangements by using a funeral planning declaration form prescribed by administrative regulation promulgated by the Attorney General. The amendment to this administrative regulation will make certain conforming and other changes to the cremation authorization form, and provide that the preneed cremation authorization form cannot be completed or executed on or after July 15, 2016. The amendments will also amend the record maintenance requirements regarding cremations to include the new funeral planning declaration form if that form is used to authorize a cremation. The crematory authority license application will also be amended to reduce required owner identification information and financial institution documentation, require additional documentation regarding owners that are business entities, and clarify other statements in the application.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment to this administrative regulation conforms to the content of the authorizing statutes as follows: It amends the cremation authorization form, which is authorized by KRS 367.97501(6), to reflect the new order of authority for the right to control the final disposition of a decedent's body (KRS 367.93117) and to revise or clarify other statements in the form concerning the parties' rights and responsibilities. It provides that the preneed cremation authorization form cannot be completed or executed on or after July 15, 2016. Senate Bill 103, effective July 15, 2016, deletes the statute authorizing the preneed cremation authorization form, KRS 367.97501(15), and replaces references to it in KRS 367.97527 with references to the new funeral planning declaration form that is the subject of a separate new administrative regulation. It amends the record maintenance requirements regarding cremations to include the new funeral planning declaration form if it is used to authorize a cremation. KRS 367.97504(5) provides that a crematory authority shall maintain a record of each cremation including certain information and any other information the Attorney General may require by administrative regulation, and that the records shall be kept at the crematory for at least ten years for inspection by the Attorney General. It amends the crematory authority license application, which is authorized by KRS 367.97504(1), to reduce required owner identification information and financial institution documentation, require additional documentation regarding owners that are business entities, and clarify other statements in the application.

      (d) How the amendment will assist in the effective administration of the statues: The amendments to this administrative regulation will assist in the effective administration of KRS 367.97501 to .97537, as amended by Senate Bill 103 effective July 15, 2016, by making certain conforming and other changes to the cremation authorization form, and providing that the preneed cremation authorization form cannot be completed or executed on or after July 15, 2016. The amendments will also assist in the effective administration of the statutes by amending the record maintenance requirements regarding cremations to include new funeral planning declaration form if that form is used to authorize a cremation, and by amending the crematory authority license application to reduce required owner identification information and financial institution documentation, require additional documentation regarding owners that are business entities, and clarify other statements in the application.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation affects: Approximately 33 crematory authorities that are currently licensed with the Attorney General. An unknown number of persons or business entities desiring to operate a crematory authority, who shall obtain a crematory authority license from the Attorney General at least thirty days prior to opening for the purpose of conducting cremations. (KRS 367.97504(1).) Approximately 5 crematory authorities have obtained a license from the Attorney General within the past twelve months. An unknown number of persons who may decide to make arrangements for the final disposition of their body by cremation, who may be authorizing agents for a cremation, or who may be funeral establishments, cemetery companies, and others, who may be involved in a cremation or the disposition of cremated remains. There were approximately over 11,100 cremations by licensed crematory authorities in Kentucky in 2015, over 510 funeral homes licensed with the Kentucky Board of Embalmers and Funeral Directors, and over 270 cemetery companies registered with the Attorney General.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The regulated entities identified in question (3) will have to take the following actions to comply with this amended administrative regulation: Use the amended cremation authorization form in relation to cremations in Kentucky. The preneed cremation authorization form shall not be completed or executed on or after July 15, 2016. Cremations on or after July 15, 2016, may be authorized by a preneed cremation authorization form completed and executed prior to July 15, 2016. Comply with the amended record maintenance requirements regarding cremations, which include the new funeral planning declaration form if it is used to authorize a cremation. Persons or business entities desiring to operate a crematory authority shall use the amended crematory authority license application to obtain a crematory authority license from the Attorney General.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): At ten cents per page, the cost to print the amended cremation authorization form is estimated to be $0.50 per copy and the cost to print the amended cremation authority license application is estimated to be $0.50 per copy. The estimated total printing cost is unknown because it depends on the number of copies printed.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): By complying with this administrative regulation, a person or business entity desiring to operate a crematory authority in Kentucky will be able to apply for a crematory authority license from the Attorney General, and a crematory authority will be able to conduct cremations and accept bodies for cremation.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: None.

      (b) On a continuing basis: None.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: General fund appropriations and agency receipts.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: None expected at this time.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The administrative regulation does not establish or increase any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied in this administrative regulation because the administrative regulation does not disproportionately impact certain classes of regulated entities and the requirements of the statutes apply uniformly to any crematory authority or other related regulated entity operating in the Commonwealth of Kentucky.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1). What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Office of the Attorney General will be impacted by this administrative regulation.

      (2). Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 367.93103, 367.93105, 367.93117, 367.97501, 367.97504, 367.97507, 367.97511, 367.97514, 367.97517, 367.97521, 367.97524, 367.97527.

      (3). Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? None.

      (d) How much will it cost to administer this program for subsequent years? None.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:

Notation

      RELATES TO: KRS 367.93103, 367.93105, 367.93117, 367.97501, 367.97504, 367.97507, 367.97511, 367.97514, 367.97517, 367.97521, 367.97524, 367.97527[367.97501-367.97537]

      STATUTORY AUTHORITY: KRS[15.180, 367.150(4),] 367.97501, 367.97504,[367.97514, 367.97524, 367.97527,] 367.97534

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 367.97534(5) authorizes the Attorney General to promulgate administrative regulations necessary to carry out the provisions of KRS 367.97501 to 367.97537. This administrative regulation establishes a cremation authorization form identified in KRS 367.97501(6), a crematory annual report form identified in KRS 367.97504(6), a preneed cremation authorization form identified in KRS 367.97501(15) prior to its amendment effective July 15, 2016, that may be completed and executed before July 15, 2016, a statement of training for crematory operators identified in KRS 367.97514(6), and a crematory authority license application form identified in KRS 367.97504(1). This administrative regulation also identifies[, to identify] the records and information that shall[must] be retained by the crematory operator as identified in KRS 367.97504(5), and establishes[to establish the] guidelines for crematory inspections regarding[identified in] KRS 367.97504(1) and (5), 367.97511(4), 367.97514(5), and 367.97534.