Utah Code 58-9-618. Limitation of liability
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(1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants the truthfulness of the facts set forth on the form, including:
Terms Used In Utah Code 58-9-618
- 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. See Utah Code 58-9-102
- Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102
- Decedent: A deceased person.
- Disposition: means the final disposal of a dead human body by:(16)(a) earth interment;(16)(b) above ground burial;(16)(c) cremation;(16)(d) calcination;(16)(e) alkaline hydrolysis;(16)(f) burial at sea;(16)(g) delivery to a medical institution; or(16)(h) other lawful means. See Utah Code 58-9-102
- Funeral service: means a service, rite, or ceremony performed:
(19)(a) with respect to the death of a human; and(19)(b) with the body of the deceased present. See Utah Code 58-9-102- Funeral service establishment: includes :
(21)(b)(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, and final disposition as defined by division rule; and(21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis process; and(1)(b) the authorizing agent’s authority to order the alkaline hydrolysis process.(2) A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection (1).(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection (1).(4)(4)(a) A funeral service establishment may arrange for the alkaline hydrolysis process upon receipt of an alkaline hydrolysis authorization form signed by an authorizing agent.(4)(b) A funeral service establishment that arranges the alkaline hydrolysis process or releases or disposes of human remains from the alkaline hydrolysis process pursuant to an alkaline hydrolysis authorization form is not liable for an action the funeral service establishment takes pursuant to that authorization.(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains.(6) A funeral service establishment may refuse to arrange for the alkaline hydrolysis process of a decedent, to accept human remains for the alkaline hydrolysis process, or to perform the alkaline hydrolysis process:(6)(a) if the establishment is aware of a dispute concerning the disposition of the human remains and the funeral service establishment has not received a court order or other suitable confirmation that the dispute has been resolved;(6)(b) if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or(6)(c) for any other lawful reason.(7)(7)(a) If a funeral service establishment is aware of a dispute concerning the release or disposition of remains from the alkaline hydrolysis process in the funeral service establishment’s possession, the establishment may refuse to release the remains until:(7)(a)(i) the dispute has been resolved; or(7)(a)(ii) the funeral service establishment has received a court order authorizing the release or disposition of the remains.(7)(b) A funeral service establishment is not liable for its refusal to release or dispose of remains from the alkaline hydrolysis process in accordance with this Subsection (7). - Funeral service: means a service, rite, or ceremony performed: