325-A:1 Definitions. – In this chapter: I. " Alternative container " means a container in which human remains are placed in a cremation chamber for cremation. II. " Authorizing agent " means a person vested with the right to control the disposition of human remains pursuant to RSA 290. III. " Board " means […]
325-A:10 Imminent Danger; Board Powers. – I. If the board determines that a crematory authority is operating a crematory so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such crematory, the board may order the temporary suspension or temporary limitation of the […]
325-A:11 Deny or Refuse to Renew License; Grounds. – The board may deny or refuse to renew a license under this chapter or take disciplinary action against a crematory authority licensed under this chapter as provided in RSA 325-A:12 on any of the following grounds: I. Violation of this chapter or rules adopted and […]
325-A:12 Disciplinary Actions. – I. The board may impose any one or more of the following types of disciplinary action against a crematory authority licensed under this chapter: (a) A fine not to exceed $20,000 per violation; (b) A limitation on the license and upon the right of the crematory authority to operate a […]
325-A:13 Appeal. – Any party to a decision of the board under this chapter may appeal such decision. The appeal shall be in accordance with RSA 541. Source. 2006, 288:2, eff. July 1, 2006.
325-A:14 License Reinstatement or Relicensure. – I. If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the board and payment of the applicable fee as provided in RSA 325-A:7. II. If the license of a crematory authority […]
325-A:15 Acts Prohibited; Penalty. – I. Maintaining or operating a crematory in violation of this chapter or any rules of the board is a public nuisance and may be abated as a nuisance as provided by law. II. It shall be a felony to establish, operate, or maintain a crematory subject to this chapter […]
325-A:16 Injunctions. – The board may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under this chapter. In charging any defendant in a complaint in such action, it shall be sufficient […]
325-A:17 Right to Authorize Cremation. – The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to […]
325-A:18 Medical Examiner’s Certificate. – I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be cremated by the crematory authority until the […]
325-A:19 Crematory Authority. – I. A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of […]
325-A:2 Crematory; License Required. – A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the board under this chapter. The board shall issue a license to a crematory authority that satisfies the requirements for licensure under the chapter. Human remains shall not be cremated […]
325-A:20 Crematory Operation; Limitations. – I. No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber. II. The human remains of more than one person shall not be simultaneously cremated within […]
325-A:21 Crematory Authority; Requirements. – I. A crematory authority shall not accept human remains for cremation without a proper label placed on the exterior of the alternative container or casket indicating the name of the deceased and the name and location of the funeral establishment, or the name of the next-of-kin or designated agent […]
325-A:22 Cremation Authorization Form. – I. A crematory authority shall not cremate human remains until it has received a cremation authorization form as provided in paragraph II, a completed and executed permit for transit or cremation as provided by the board or the appropriate cremation permit from the state from which the human remains […]
325-A:23 Signature. – I. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any person signing a cremation […]
325-A:24 Potentially Hazardous Conditions. – I. No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is removed or corrected prior to […]
325-A:25 Disputes. – I. If a crematory authority or funeral establishment is aware of any dispute concerning the cremation of human remains, or has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the crematory […]
325-A:26 Cremated Remains; How Treated. – I. Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the […]
325-A:27 Cremated Remains; Final Disposition. – I. For purposes of this chapter, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of 60 days after the date of cremation, the authorizing agent or his or her representative has not directed […]
