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Section II  Cremation Rules and Regulations
(A) Establishment of Crematory and Licensure of Crematory Authority
(1) Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity may erect, maintain and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with the provisions of these rules and regulations.
(2) A crematory shall conform with all local building codes and all applicable environmental standards.
(3) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or at any other location consistent with local zoning regulations.
(4) Application for licensure as a Crematory Authority shall be on forms furnished and prescribed by the Board. Application shall be in writing and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory and any further information as the Board may reasonably require. The Board shall examine the premises and structure to be used as a crematory, and shall issue a license to the Crematory Authority, if the applicant meets all requirements of these rules and regulations. In the event of a change of ownership of a crematory, at least thirty (30) days prior to the change, the new owners of the Crematory Authority shall provide the Board with their names and addresses.
(5) No person, cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity shall cremate any human remains, except in a crematory licensed for this express purpose and under the limitations provided in these rules and regulations.
(6) No cremations of the bodies of deceased persons shall be performed except by a Crematory Authority holding a valid, current license issued by the Board.
(7) All crematory licenses issued by the Board shall expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. Renewal license fees, as established by the Board, must accompany each original and renewal application.
(8) All renewals received after January 31st of each year are considered delinquent. The Board may impose delinquent fees and/or order a Crematory Authority that is delinquent in its renewal to cease operation until a renewal card has been issued by the Board.
(9) Hospitals licensed by the Arkansas Department of Health may operate a facility that incinerates surgical waste, human body parts that have been surgically removed, or fetal remains with the permission of the next of kin, without an additional license issued by the Board, and without the assistance of a licensed funeral establishment unless
(a) They are holding themselves out to the public to be a licensed Crematory Authority;
(b) They offer cremation services to the public for the bodies of deceased persons except for the instances listed in this subsection
(B) Authorization and Record Keeping
(1) Except as otherwise provided in this section, a Crematory Authority shall not cremate human remains until it has received:
a. A cremation authorization form signed by an Authorizing Agent and which identifies the funeral director arranging the cremation. The cremation authorization form shall be provided by the Crematory Authority and should contain the following information:
(a) The identify of the human remains;
(b) The name of the Authorizing Agent and the relationship between the Authorizing Agent and the deceased;
(c) Authorization for the Crematory Authority to cremate the human remains;
(d) A representation that the Authorizing Agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; and
(e) The name of the person authorized to claim the cremated remains from the Crematory Authority.
b. A completed and executed burial transit permit, as provided in the laws of the State of Arkansas, indicating that the human remains are to be cremated, and
c. A representation (Example: office copy) of a completed Arkansas death or fetal death certificate, signed by the certifier, showing the cause of death, and otherwise ready for filing.
d. Any other documentation required by any county or municipality.
(2) If an Authorizing Agent is not available to execute the cremation authorization form, that person may delegate that authority to another person in writing, or, if located outside of the area, by sending the Crematory Authority a telegram, registered letter, or facsimile transmission that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated, indemnifying the delegated individual and the Crematory Authority from all liability concerning the cremation. Upon receipt of the written delegation document or a copy of this telegram, the Crematory Authority shall allow this individual to serve as the Authorizing Agent and execute the Cremation Authorization form, and the Crematory Authority shall be entitled to rely upon the cremation authorization form.
(3) A Crematory Authority should maintain the necessary records as set out in these rules and regulations.
a. Upon the receipt of human remains, the Crematory Authority shall furnish to the person who delivers such human remains a receipt signed by both the Crematory Authority and the person who delivers the human remains showing:
(a) The date of delivery.
(b) The name of the person from whom the human remains were received and that person's employer.
(c) The name of the person who received the human remains on behalf of the Crematory Authority.
(d) The name and license number of the Crematory Authority, and
(e) The name of the deceased.
b. The Crematory Authority should retain a copy of this receipt.
c. A Crematory Authority should retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in "II.B.1" through "3" of these rules and regulations and in addition the date the cremation and distribution or disposition by the Crematory Authority of the cremated remains took place.
(4) A Crematory Authority shall not accept unidentified human remains. If the Crematory Authority takes custody subsequent to the human remains being placed within a cremation container, the Crematory Authority shall place appropriate identification upon the exterior of the cremation container.

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