Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          S.B. 102
Approved for Filing: A. Weenig 6                              st
                                                                    1 Sub. (Green)
          6 01-22-24 9:13 AM 6
                          Senator Jen Plumb proposes the following substitute bill:
                          FUNERAL SERVICES AMENDMENTS
                                      2024 GENERAL SESSION
                                          STATE OF UTAH
                                   Chief Sponsor: Jen Plumb
                                  House Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill deals with natural organic reduction.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < updates the licensure requirements for a funeral director offering natural organic
 reduction;
        < grants immunity to a funeral service establishment that relies on a natural organic
 reduction authorization form in carrying out natural organic reduction;
        < updates a funeral service establishment's recordkeeping requirements;
        < provides requirements for accepting remains for natural organic reduction;
        < limits liability for a funeral service establishment providing natural organic
 reduction;                                                                                     1 stSub. S.B. 102
        < provides the requirements for authorizing natural organic reduction;
        < describes the procedure for natural organic reduction;
        < provides the requirements for the final disposition of remains from the natural
 organic reduction process; and
        < makes technical changes.
     *SB0102S01*
       1st Sub. (Green) S.B. 102                                               01-22-24 9:13 AM
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        26B-8-201, as renumbered and amended by Laws of Utah 2023, Chapter 306
        58-9-102, as last amended by Laws of Utah 2020, Chapter 354
        58-9-302, as last amended by Laws of Utah 2022, Chapter 415
        58-9-601, as last amended by Laws of Utah 2018, Chapter 326
        58-9-606, as last amended by Laws of Utah 2018, Chapter 326
        58-9-613, as last amended by Laws of Utah 2023, Chapter 111
        58-9-614, as enacted by Laws of Utah 2018, Chapter 326
        58-9-615, as enacted by Laws of Utah 2018, Chapter 326
        58-9-618, as enacted by Laws of Utah 2018, Chapter 326
 ENACTS:
        58-9-613.5, Utah Code Annotated 1953
        58-9-620, Utah Code Annotated 1953
        58-9-621, Utah Code Annotated 1953
        58-9-622, Utah Code Annotated 1953
46
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26B-8-201 is amended to read:
        26B-8-201. Definitions.
        As used in this part:
        (1) "Dead body" means the same as that term is defined in Section 26B-8-101.
        (2) (a) "Death by violence" means death that resulted by the decedent's exposure to
 physical, mechanical, or chemical forces.
        (b) "Death by violence" includes death that appears to have been due to homicide,
 death that occurred during or in an attempt to commit rape, mayhem, kidnapping, robbery,
 burglary, housebreaking, extortion, or blackmail accompanied by threats of violence, assault
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       01-22-24 9:13 AM                                                     1st Sub. (Green) S.B. 102
 with a dangerous weapon, assault with intent to commit any offense punishable by
 imprisonment for more than one year, arson punishable by imprisonment for more than one
 year, or any attempt to commit any of the foregoing offenses.
           (3) "Immediate relative" means an individual's spouse, child, parent, sibling,
 grandparent, or grandchild.
           (4) "Health care professional" means any of the following while acting in a
 professional capacity:
           (a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
 58, Chapter 68, Utah Osteopathic Medical Practice Act;
           (b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
 Act; or
           (c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e).
           (5) "Medical examiner" means the state medical examiner appointed pursuant to
 Section 26B-8-202 or a deputy appointed by the medical examiner.
           (6) "Medical examiner record" means:
           (a) all information that the medical examiner obtains regarding a decedent; and
           (b) reports that the medical examiner makes regarding a decedent.
           (7) "Regional pathologist" means a trained pathologist licensed to practice medicine
 and surgery in the state, appointed by the medical examiner pursuant to Subsection
 26B-8-202(3).
           (8) "Sudden death while in apparent good health" means apparently instantaneous
 death without obvious natural cause, death during or following an unexplained syncope or
 coma, or death during an acute or unexplained rapidly fatal illness.
           (9) "Sudden infant death syndrome" means the death of a child who was thought to be
 in good health or whose terminal illness appeared to be so mild that the possibility of a fatal
 outcome was not anticipated.
           (10) "Suicide" means death caused by an intentional and voluntary act of an individual
 who understands the physical nature of the act and intends by such act to accomplish
 self-destruction.
           (11) "Unattended death" means a death that occurs more than 365 days after the day on
 which a health care professional examined or treated the deceased individual for any purpose,
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        1st Sub. (Green) S.B. 102                                                  01-22-24 9:13 AM
 including writing a prescription.
        (12) (a) "Unavailable for postmortem investigation" means that a dead body is:
        (i) transported out of state;
        (ii) buried at sea;
        (iii) cremated;
        (iv) processed by alkaline hydrolysis; [or]
        (v) processed by natural organic reduction; or
        [(v)] (vi) otherwise made unavailable to the medical examiner for postmortem
 investigation or autopsy.
        (b) "Unavailable for postmortem investigation" does not include embalming or burial
 of a dead body pursuant to the requirements of law.
        (13) "Within the scope of the decedent's employment" means all acts reasonably
 necessary or incident to the performance of work, including matters of personal convenience
 and comfort not in conflict with specific instructions.
        Section 2. Section 58-9-102 is amended to read:
        58-9-102. Definitions.
        In addition to the definitions in Section 58-1-102, as used in this chapter:
        (1) "Alkaline hydrolysis" means a water-based dissolution process using alkaline
 chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid
 and to dry bone residue and includes the disposal of the liquid and the processing and
 pulverization of the dry bone residue.
        (2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
 hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human
 remains.
        (3) "Alkaline hydrolysis container" means a container:
        (a) in which human remains are transported to a funeral service establishment and
 placed in an alkaline hydrolysis chamber for resomation; and
        (b) that meets substantially all of the following standards:
        (i) able to be closed in order to provide a complete covering for the human remains;
        (ii) resistant to leakage or spillage;
        (iii) rigid enough for handling with ease; and
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        01-22-24 9:13 AM                                                    1st Sub. (Green) S.B. 102
        (iv) able to provide protection for the health, safety, and personal integrity of crematory
 personnel.
        (4) "Authorizing agent" means a person legally entitled to authorize the cremation,
 natural organic reduction, or the alkaline hydrolysis process of human remains.
        (5) "Beneficiary" means the individual who, at the time of the individual's death, is to
 receive the benefit of the property and services purchased under a preneed funeral arrangement.
        (6) "Board" means the Board of Funeral Service created in Section 58-9-201.
        (7) "Body part" means:
        (a) a limb or other portion of the anatomy that is removed from a person or human
 remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;
 or
        (b) a human body or any portion of a body that has been donated to science for medical
 research purposes.
        (8) "Buyer" means a person who purchases a preneed funeral arrangement.
        (9) "Calcination" means a process in which a dead human body is reduced by intense
 heat to a residue that is not as substantive as the residue that follows cremation.
        (10) "Cremated remains" means all the remains of a cremated body recovered after the
 completion of the cremation process, including pulverization which leaves only bone fragments
 reduced to unidentifiable dimensions and may possibly include the residue of foreign matter
 including casket material, bridgework, or eyeglasses that were cremated with the human
 remains.
        (11) "Cremation" means the technical process, using direct flame and heat, or a
 chemical process, that reduces human remains to bone fragments through heat and evaporation,
 or a chemical process, and includes the processing and usually the pulverization of the bone
 fragments.
        (12) "Cremation chamber" means the enclosed space within which the cremation
 process takes place and which is used exclusively for the cremation of human remains.
        (13) "Cremation container" means the container:
        (a) in which the human remains are transported to the crematory and placed in the
 cremation chamber for cremation; and
        (b) that meets substantially all of the following standards:
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       1st Sub. (Green) S.B. 102                                                  01-22-24 9:13 AM
        (i) composed of readily combustible or consumable materials suitable for cremation;
        (ii) able to be closed in order to provide a complete covering for the human remains;
        (iii) resistant to leakage or spillage;
        (iv) rigid enough for handling with ease; and
        (v) able to provide protection for the health, safety, and personal integrity of crematory
 personnel.
        (14) "Crematory" means the building or portion of a building that houses the cremation
 chamber and the holding facility.
        (15) "Direct disposition" means the disposition of a dead human body:
        (a) as quickly as law allows;
        (b) without preparation of the body by embalming; and
        (c) without an attendant funeral service or graveside service.
        (16) "Disposition" means the final disposal of a dead human body by:
        (a) earth interment;
        (b) above ground burial;
        (c) cremation;
        (d) calcination;
        (e) alkaline hydrolysis;
        (f) natural organic reduction;
        [(f)] (g) burial at sea;
        [(g)] (h) delivery to a medical institution; or
        [(h)] (i) other lawful means.
        (17) "Embalming" means replacing body fluids in a dead human body with preserving
 and disinfecting chemicals.
        (18) (a) "Funeral merchandise" means any of the following into which a dead human
 body is placed in connection with the transportation or disposition of the body:
        (i) a vault;
        (ii) a casket; or
        (iii) other personal property.
        (b) "Funeral merchandise" does not include:
        (i) a mausoleum crypt;
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        01-22-24 9:13 AM                                                    1st Sub. (Green) S.B. 102
         (ii) an interment receptacle preset in a cemetery; or
         (iii) a columbarium niche.
         (19) "Funeral service" means a service, rite, or ceremony performed:
         (a) with respect to the death of a human; and
         (b) with the body of the deceased present.
         (20) "Funeral service director" means an individual licensed under this chapter who
 may engage in all lawful professional activities regulated and defined under the practice of
 funeral service.
         (21) (a) "Funeral service establishment" means a place of business at a specific street
 address or location licensed under this chapter that is devoted to:
         (i) the embalming, care, custody, shelter, preparation for burial, and final disposition of
 dead human bodies; and
         (ii) the furnishing of services, merchandise, and products purchased from the
 establishment as a preneed provider under a preneed funeral arrangement.
         (b) "Funeral service establishment" includes:
         (i) all portions of the business premises and all tools, instruments, and supplies used in
 the preparation and embalming of dead human bodies for burial, cremation, alkaline
 hydrolysis, natural organic reduction, and final disposition as defined by division rule; and
         (ii) a facility used by the business in which funeral services may be conducted.
         (22) "Funeral service intern" means an individual licensed under this chapter who is
 permitted to:
         (a) assist a funeral service director in the embalming or other preparation of a dead
 human body for disposition;
         (b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis,
 natural organic reduction, or pulverization of a dead human body or its remains; and
         (c) perform other funeral service activities under the supervision of a funeral service
 director.
         (23) "Graveside service" means a funeral service held at the location of disposition.
         (24) "Memorial service" means a service, rite, or ceremony performed:
         (a) with respect to the death of a human; and
         (b) without the body of the deceased present.
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        1st Sub. (Green) S.B. 102                                                 01-22-24 9:13 AM
        (25) "Natural organic reduction" means the contained, accelerated conversion of
 human remains to soil.
        [(25)] (26) "Practice of funeral service" means:
        (a) supervising the receipt of custody and transportation of a dead human body to
 prepare the body for:
        (i) disposition; or
        (ii) shipment to another location;
        (b) entering into a contract with a person to provide professional services regulated
 under this chapter;
        (c) embalming or otherwise preparing a dead human body for disposition;
        (d) supervising the arrangement or conduct of:
        (i) a funeral service;
        (ii) a graveside service; or
        (iii) a memorial service;
        (e) cremation, calcination, alkaline hydrolysis, natural organic reduction, or
 pulverization of a dead human body or the body's remains;
        (f) supervising the arrangement of:
        (i) a disposition; or
        (ii) a direct disposition;
        (g) facilitating:
        (i) a disposition; or
        (ii) a direct disposition;
        (h) supervising the sale of funeral merchandise by a funeral establishment;
        (i) managing or otherwise being responsible for the practice of funeral service in a
 licensed funeral service establishment;
        (j) supervising the sale of a preneed funeral arrangement; and
        (k) contracting with or employing individuals to sell a preneed funeral arrangement.
        [(26)] (27) (a) "Preneed funeral arrangement" means a written or oral agreement sold in
 advance of the death of the beneficiary under which a person agrees with a buyer to provide at
 the death of the beneficiary any of the following as are typically provided in connection with a
 disposition:
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       01-22-24 9:13 AM                                                   1st Sub. (Green) S.B. 102
        (i) goods;
        (ii) services, including:
        (A) embalming services; and
        (B) funeral directing services;
        (iii) real property; or
        (iv) personal property, including:
        (A) a casket;
        (B) another primary container;
        (C) a cremation, alkaline hydrolysis, natural organic reduction, or transportation
 container;
        (D) an outer burial container;
        (E) a vault;
        (F) a grave liner;
        (G) funeral clothing and accessories;
        (H) a monument;
        (I) a grave marker; and