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34-13-121
Section 34-13-121 Cremation procedures; authorization; identification of remains; records.
(a) Human remains shall not be cremated under either of the following circumstances: (1) Within
24 hours after the time of death, unless death was a result of an infectious, contagious,
or communicable disease and unless the disease is verified and the time requirement waived
by a medical examiner, county health director, county coroner, or attending physician where
the death occurred. (2) Without a completed cremation authorization form approved by the board
and signed by the authorizing agent and a completed state identification form. A copy of the
cremation authorization shall be presented with the body to the crematory before any cremation
process may be initiated. (b) All cremations of human remains performed in this state shall
be arranged through a funeral establishment licensed by the board pursuant to this chapter.
(c) Whenever a crematory is unable or unauthorized to cremate human...
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34-13-120
Section 34-13-120 License required; crematory requirements; application and inspection; records;
violations; rulemaking authority. (a) No person, firm, corporation, association, entity, or
funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating
dead human bodies, unless licensed by the board as a funeral establishment and the crematory
being registered with the board and inspected by the board before any cremations of human
remains are performed. (b) A crematory shall satisfy all of the following requirements and
have the following minimum equipment, facilities, and personnel: (1) Registered with the board.
(2) Inspected by the board before performing any cremations. (3) Fixed on the premises of
a funeral establishment. For the purposes of this subdivision, fixed means permanently attached
to the real property where the establishment is situated. (4) Owned by the same individual,
partnership, or corporation as the funeral establishment. (5) Under...
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34-13-123
Section 34-13-123 Violations. The board may refuse to grant, refuse to renew, suspend, or revoke
the license of, or fine a cremationist or crematory, after proper hearing and notice is provided
to the licensee, upon the board finding the licensee is guilty of any of the following: (1)
Any violation of this chapter or order or rule of the board. (2) The performance of a cremation
service by a person who is not licensed as a cremationist and who has not completed a training
program as required by this chapter. (3) Operating a building or structure within this state
as a crematory without being licensed under this chapter. (4) Violating any cremation procedure
required by this chapter or rule of the board. (5) Performing a cremation without receipt
of a cremation authorization form signed by the authorizing agent. (6) Signing a cremation
authorization form with the actual knowledge that the form contains false or incorrect information.
(7) Accepting human remains from another funeral...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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34-13-117
Section 34-13-117 Disposition of remains. Disposition of human remains shall occur within 48
hours after the time of death or the time the body is released by the coroner or a medical
examiner, unless the body has been embalmed by a licensed embalmer in this state, with permission
from the authorizing agent, or the body is kept under refrigeration. No public viewing of
unembalmed bodies shall be permitted 24 hours after death has occurred. Nothing is this section
shall prevent a licensed establishment from requiring identification before disposition. (Act
2017-433, §2.)...
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22-19-5
Section 22-19-5 Use of approved identification system. (a) Each funeral establishment taking
possession of a dead human body shall maintain an identification system approved by the Alabama
Board of Funeral Service. The identification system may include any dignified method, including,
but not limited to, an arm band or a wrist band, that will ensure the ability to identify
the body from the time of taking possession of the body until the body is transferred to another
entity or until final disposition. (b) A funeral establishment that maintains the required
identification system approved by the Alabama Board of Funeral Service shall not be liable
for misidentification that occurred prior to taking possession of the body or misidentification
that occurs after the body has been transferred from the funeral establishment to another
entity. (Act 2006-608, p. 1672, §1.)...
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34-13-122
Section 34-13-122 Disposition of cremated remains. (a) The authorizing agent shall provide
to the funeral establishment which the cremation arrangements are made a signed statement
specifying the ultimate disposition of the cremated remains, if known. A copy of this statement
shall be retained by the funeral establishment offering or conducting the cremation. (b) Cremated
remains shall be shipped only by a method that has an internal tracing system available and
that provides a receipt signed by the person accepting delivery. (c) The authorizing agent
is responsible for the disposition of the cremated remains. If, after 60 days from the date
of cremation, the authorizing agent or his or her representative has not specified the ultimate
disposition or claimed the cremated remains, the funeral establishment or entity in possession
of the cremated remains may dispose of the cremated remains in a dignified and humane manner
and in accordance with any state, county, or municipal laws or...
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34-13-12
Section 34-13-12 Truthfulness of documentary information; rights and obligations of funeral
establishment; liability. (a) Any person signing a funeral service agreement, cremation authorization
form, or any other authorization for disposition by his or her signature shall attest to the
truthfulness of any facts set forth in the document including, but not limited to, the identity
of the decedent whose remains are to be buried, cremated, or otherwise disposed of and the
authority of the person to order the disposition. A funeral establishment may rely on a funeral
service agreement, contract, or authorization in carrying out the instructions of the person
the funeral establishment reasonably believes to hold the right of disposition. A funeral
establishment is not responsible for contacting or independently investigating the existence
of any next-of-kin or relative of a decedent. If there is more than one person in a class
with equal priority and the funeral establishment has no...
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