Washington Code 70.58A.210 – Final disposition of human remains — Issuance of burial-transit and disinterment permits
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(1)(a) Reports of death and fetal death must comply with the requirements of this section.
Terms Used In Washington Code 70.58A.210
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(b) For the purposes of this section, “death” includes “fetal death” as defined in RCW 70.58A.010.
(2) If a report of death is completed and filed in accordance with this chapter, the local registrar shall issue a burial-transit permit or disinterment permit to the funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160.
(3) A person may not provide for final disposition of human remains until the following have occurred:
(a) The report of death has been registered in accordance with RCW 70.58A.200; and
(b) The funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 has obtained a burial-transit permit authorizing final disposition.
(4) A funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 shall:
(a) Deliver the burial-transit permit to the person in charge of the funeral establishment licensed under chapter 18.39 RCW, crematory with a permit or endorsement under RCW 68.05.175, or cemetery authority as defined in RCW 68.04.190 before interring the human remains; or
(b) Attach the burial-transit permit to the container holding the human remains when shipped by a transportation company.
(5) Final disposition of human remains must be completed in accordance with chapter 68.50 RCW.
(6) A person in charge of a funeral establishment licensed under chapter 18.39 RCW or cemetery authority as defined in RCW 68.04.190:
(a) May not allow the final disposition of human remains unless accompanied by a burial-transit permit;
(b) Shall indicate on the burial-transit permit the date and type of final disposition;
(c) Shall return all completed and signed or electronically approved burial-transit permits to the local registrar for the county in which the death occurred within ten days of final disposition;
(d) Shall keep a record of all human remains disposed of on the premises, including the:
(i) Name of the deceased individual;
(ii) Place of death;
(iii) Date of disposition; and
(iv) Name and address of the funeral director, funeral establishment, or other person having the right to control the disposition of the human remains under RCW 68.50.160.
(7) When there is no person in charge of the place of final disposition, the funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 shall write across the face of the permit the words “no person in charge.”
(8) A funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 must obtain a disinterment permit from the local registrar to disinter human remains or a burial-transit permit from the local registrar to reinter human remains.
(9) A person may not bring into or transport within this state; inter, deposit in a vault, grave, or tomb; or cremate or otherwise dispose of the human remains of any person whose death occurred outside the state, unless the human remains are accompanied by a burial-transit permit or other document issued in accordance with the laws in force where the death occurred. A burial-transit permit is not required for the spreading of cremated remains in accordance with the laws regulating the scattering of cremated remains in state, federal, and international lands or water.
(10) A funeral director or funeral establishment licensed under chapter 18.39 RCW, or a funeral establishment licensed in Oregon or Idaho, may remove human remains from the local health jurisdiction where the death occurred to another local health jurisdiction or Oregon or Idaho without having obtained a burial-transit permit if the funeral director or funeral establishment:
(a) Has been issued a certificate of removal registration by the director of the department of licensing; and
(b) Initiates a report of death with the local registrar where the death occurred.
[ 2019 c 148 § 14.]