Right of Sepulcher, the Right to Choose and Control Final

Disposition of a Dead Human Body.

(a)As used in this Section, the term right of sepulcher means the right to choose and control the burial, cremation, or other final disposition of a dead human body.

(b)The next-of-kin, as defined in § 4A110 of this Chapter, of the deceased shall be entitled to control the final disposition of the remains of any dead human being consistent with all applicable laws, including all applicable health codes.

(c)A mortician or mortuary is entitled to rely on and act according to the lawful instructions of any person claiming to be the next-of-kin of the COL7222015 CH. 4A DEAD BODIES deceased; provided, however, in any civil cause of action against a funeral director or establishment licensed pursuant to this Chapter for actions taken regarding the funeral arrangements for a deceased person in the director’s or establishment’s care, the relative fault, if any, of such mortician or mortuary may be reduced if such actions are taken in reliance upon a person’s claim to be the deceased person’s next-of-kin.

(d)Any person who desires to exercise the right of sepulcher and who has knowledge of an individual or individuals with a superior right to control disposition shall notify such individual or individuals prior to making final arrangements.

(e)If an individual with a superior claim is personally served with written notice from a person with an inferior claim that such person desires to exercise the right of sepulcher and the individual so served does not object within forty-eight

(48)hours of receipt, such individual shall be deemed to have waived such right. An individual with a superior right may also waive such right at any time if such waiver is in writing and dated.

(f)If there is more than one

(1)person in a class who are equal in priority and the mortician has no knowledge of any objection by other members of such class, the mortician or mortuary shall be entitled to rely on and act according to the instructions of the first such person in the class to make arrangements; provided that such person assumes responsibility for the costs of disposition and no other person in such class provides written notice of his or her objection.

(g)Any person may designate an individual to be his or her closest next-of-kin, regardless of blood or marital relationship, by means of a written instrument that is signed, dated, and verified. Such designation of right of sepulcher shall be witnessed by two

(2)persons, and shall contain the names and last known address of each person entitled to be next-of-kin but for the execution of the designation of right of sepulcher and who are higher in priority than the person so designated.

(h)

(1)Legislative Finding and Intent. I Liheslaturan Guåhan finds that due to the unique and extremely virulent pathogenic nature of certain communicable diseases, that there is a prevailing public health and safety necessity of ensuring that the dead human body which died as a result of any communicable disease, which is identified and declared by the U.S. Center for Disease Control and Prevention

(CDC)COL7222015 CH. 4A DEAD BODIES to be critically dangerous to public health and safety, then, final disposition shall be determined by the Director.

(2)In the case of a dead human body which died as a result of any communicable disease, which is identified and declared by the U.S. Center for Disease Control and Prevention

(CDC)to be critically dangerous to public health and safety, then, final disposition shall be determined by the Director. Final disposition shall be pursuant to CDC mandates, directives, instructions and protocol criteria being declared and implemented in a national effort to combat the spread of the disease, to include special protocols and procedures for the final disposition of human remains with a continuing and extremely high contagion potential for transmission of the communicable disease, as shall be determined and mandated by the CDC. Final disposition of a dead human body, as determined necessary for public health and safety by the Director, shall include the authority to order mandatory cremation, and to further include, the authority to restrict or prohibit access to the dead human body.