Arizona Laws 32-1398. Crematories; prohibited acts; disciplinary actions
A. The department may take disciplinary action against a crematory or an agent or employee of a crematory for any of the following acts:
Terms Used In Arizona Laws 32-1398
- Authorizing agent: means a person who is legally entitled to order the cremation, disinterment or embalming of human remains pursuant to Section 32-1365. See Arizona Laws 32-1301
- Cremated remains: means the remaining bone fragments after cremation. See Arizona Laws 32-1301
- Cremation: means the heating process that reduces human remains to bone fragments by combustion and evaporation. See Arizona Laws 32-1301
- Crematory: means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated. See Arizona Laws 32-1301
- Department: means the department of health services. See Arizona Laws 32-1301
- Disciplinary action: means an action taken to revoke or suspend a license, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules. See Arizona Laws 32-1301
- Funeral establishment: means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies. See Arizona Laws 32-1301
- Human remains: means a lifeless human body or parts of a human body that allow a reasonable inference that death occurred. See Arizona Laws 32-1301
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Retort: means an enclosed space within which cremation takes place. See Arizona Laws 32-1301
1. Unless otherwise allowed by law, selling or offering to sell a cremation that is not arranged by a funeral establishment licensed pursuant to article 4 of this chapter. This paragraph does not prohibit charging a cremation fee.
2. Unless otherwise permitted by law, selling or offering to sell any funeral goods and services other than cremation.
3. Cremating or causing the cremation of a dead human body before obtaining certification from the county medical examiner or person performing the duties of the county medical examiner pursuant to section 11-599 and, if the deceased person did not execute a document authorizing the deceased person’s cremation pursuant to Section 32-1365.01, before obtaining express written consent to cremate the body from the authorizing agent pursuant to Section 32-1365.02.
4. Using a retort for any purpose other than the cremation of human remains.
5. Cremating more than one dead human body at the same time in the same retort without the express written consent of the authorizing agents.
6. Introducing a second dead human body into a retort before reasonable efforts have been made to remove all fragments of the cremated remains from the preceding cremation without the express written consent of the authorizing agents. Incidental and unavoidable residue remaining in a retort after a cremation does not constitute a violation of this paragraph.
7. Introducing the cremated human remains of a second dead human body into a processor before the termination of the processing of the cremated human remains that were previously in the processor and before reasonable efforts have been made to remove all fragments of cremated remains from the preceding processing without the express written consent of the authorizing agents. Incidental and unavoidable residue remaining in a processor after a processing does not constitute a violation of this paragraph.
8. Retaining any accumulated human residue from any retort, processor, container or other equipment used in cremation. A crematory shall dispose of all accumulated human residue in a cemetery in accordance with the rules of the cemetery and any applicable local ordinances.
9. Selling or offering for sale anything of value obtained as a result of the cremation process.
10. Violating this chapter or a rule adopted pursuant to this chapter.
B. The acts or omissions of an agent or employee of a crematory that violate this chapter or rules adopted pursuant to this chapter are deemed to be acts or omissions of the crematory.