The proposed amendments update Rule 69K-22.004. Rule 69K-22.007 implements Section 497.607(2), F.S., by adopting a standard procedure for the removal of cremated remains that can be used by cinerator facilities in lieu of establishing their own ...

DEPARTMENT OF FINANCIAL SERVICES

Board of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-22.004Operating Procedures

69K-22.007Standard Uniform Procedures for Removal of

  Cremated Remains and Postcremation                 Procedure

PURPOSE AND EFFECT: The proposed amendments update Rule 69K-22.004. Rule 69K-22.007 implements Section 497.607(2), F.S., by adopting a standard procedure for the removal of cremated remains that can be used by cinerator facilities in lieu of establishing their own procedures.

SUBJECT AREA TO BE ADDRESSED: Cinerator facility operations and standard procedures for the removal of cremated remains.

SPECIFIC AUTHORITY: 497.103(1)(n), (5)(a), 497.606, 497.608 FS

LAW IMPLEMENTED: 497.103(1)(n), 497.606, 497.607, 497.608 FS

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 2:00 P.M., October 17, 2006

PLACE: Alexander Building, 2020 Capital Circle, S.E., Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Diana Evans, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361 [phone]

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program is asked to advise the Department at least 5 calendar days before the hearing by contacting the person listed above. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69K-22.004 Operating Procedures. 

 

(1) Cinerator facility operators shall establish a system of identification of human remains received for cremation. This system shall be designed to track the identity of the remains from time of receipt until completion of the cremation and delivery of the cremated remains to the legally authorized persons, or until otherwise disposed of in accordance with instructions from the legally authorized person.

(2) No more than one dead human body shall be placed in a retort at one time unless written permission has been received from the legally personal representative (authorized person) responsible for each body.

(3) Upon completion of each cremation cycle, the cremated remains residual of the cremation shall be removed from the retort, pulverized and placed in a separate container.

(4) Human remains shall be cremated in the container or casket in which received unless written instructions to the contrary are received from the legally authorized person. Personal effects shall not be removed from the deceased without express written consent from the legally authorized person.

(5) All alternative containers used for cremation must meet the criteria set forth in Section 497.606(9)(h) (14), F.S. The receptacle or container may be an unfinished wooden box or other non-metal alternative container, which is designed for the encasement of human remains and which is made of cardboard, fiberboard, pressed wood, composition materials, or other enclosures which are all rigid enough for handling with ease and which completely enclose the human remains during the entire cremation process. All facilities must maintain a complete list of all alternative containers used for cremation which must be available for inspection.

(6) Any part of the container chosen for cremation which has not been completely consumed in the cremation process shall be disposed of by completely burning, crushing, or otherwise lawfully disposing of burying the container.

(7) The residual or cremated remains and the separate container shall be disposed of according to the express written instruction of the legally authorized person. If no instructions are given, the residual or cremated remains shall be disposed of in a dignified and humane manner as authorized by law.

Specific Authority 497.103(1)(n), (5)(a), 497.606, 497.607 FS. Law Implemented 497.103(1)(n), 497.606, 497.607 FS. History–New 6-26-85, Amended 10-16-85, Formerly 21J-22.04, 21J-22.004, Amended 11-20-96, Formerly 61G8-22.004, Amended ________.

69K-22.007  Standard Uniform Procedures for Removal of Cremated Remains and Postcremation Procedures.

(1)  A cinerator facility operator shall follow its written procedures for the removal of cremated remains and the postcremation processing, shipping, packing, or identification of those remains filed with and approved by the Board, or it may adopt the following standard uniform procedures.  In either case, the cinerator facility operator shall notify the Board of its choice on Form DFS-CF-EP, Election of Procedures for Removal of Cremated Remains and Postcremation Processing, which form is hereby incorporated and adopted by reference, effective ____/06.  Said form shall be mailed to, and can be obtained from, the Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361. A cinerator facility shall not be operated unless it has established and follows its specified written procedures approved by the Board. 

(2) Removal of Cremated Remains Resulting from the Cremation of a Human Body.

(a) Allow the crematory to cool to a suitable temperature for recovery of the remains after the burners have been shut off (either manually or automatically).

(b) Place a clean metal tray, pan or container in position to receive the cremated remains.

(c) Move the cremation documents from their position near the door or control panel of the crematory to a position in close proximity to or attached to the recovery pan, where it shall remain in place until the cremation process is complete. 

(d) Upon completion of the cremation, all cremated remains shall be removed from the cremation chamber and the chamber swept clean.

(e) Remove the metal identification tag from the chamber and place it on or in the recovery tray, pan or container.

(f) Check the removal brushes and tools for bone fragments. If any fragments have adhered to the tools, place them in the recovery pan with the rest of the cremated remains.

(g) Take the recovery pan, its contents and the cremation documents to an appropriate cool down area.

(3)  Postcremation Processing.

(a) Remove the metal identification tag from the recovery tray and place it next to the processor along with any cremation documents.

(b) Remove all other metal from the cremated remains, using a magnet and/or forceps (for nonmagnetic metal).  Separate all bone fragments and cremated remains from the nonhuman materials. Do not discard the metal until it is completely free of cremated remains.  Refer to the cremation documents for the appropriate disposition of dental materials, mementos and jewelry, to the extent they can be recognized in the cremated remains.

(c ) Place any other nonhuman materials, such as metal, prosthetics and any other materials retrieved from the crematory, in a specified container until they are packaged for nonrecoverable disposal.

(d) The cremated remains must be processed or pulverized until they are granulated particles.  

(4) Packaging of Cremated Remains.

(a) Pour the cremated remains into a heavy plastic bag and place in a temporary container or urn. 

(b) If the urn or container is too small to accept all the cremated remains, use a larger container or provide a second container.  When there is more than one container, the additional container(s) must be securely fastened to the original container, must have identification labels placed on each urn or container, and must be marked as 1 of 2, 2 of 2, and so on. 

(c) Secure or affix the metal identification tag to the bag.  Verify the identification of the cremated remains one final time, by comparing the metal identification tag number and the name of the decedent to the information on any cremation documents. Close the urn or cremated remains container.

(d) Store the cremated remains in a secure area until such time as they are released.  Document in a log at least the name of the deceased, the date the cremated remains were placed into storage, the date they were removed, and by whom.

(e) If the cremated remains are to be shipped, place the urn or container in a shipping box and securely tape all box seams to increase the security and integrity of the container.  The outside of the shipping box shall be clearly identified with the name of the deceased person whose processed remains are contained therein.  Ship the box via registered mail, return receipt requested, or by any other lawful and traceable shipment method.

(5) Releasing Cremated Remains.

(a) Verify the identity of the cremated remains by comparing the identification label to the cremation documents and the crematory log.

(b) Release the cremated remains to a representative of the funeral or direct disposal establishment.  Obtain a signed receipt for the cremated remains and file the receipt with the cremation documents.

(c)  If the cremated remains have not been claimed after 120 days, the funeral or direct disposal establishment may dispose of the remains in any manner specified in Section 497.607, Florida Statutes.

Specific Authority 497.103(1)(n), (5)(a), 497.608 FS. Law Implemented 497.103(1)(n), 497.607, 497.608 FS. History–New ____________.

 

 

 

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