HCS/SB 282 - This act modifies provisions relating to the disposition of human remains, including: (1) surviving spouses' (2) the death registration process; (3) the right of sepulcher; (4) organ donation; and (5) outdoor cremations. SURVIVING SPOUSES (Section 36.020)
This act modifies the definition "surviving spouse" in provisions of law relating to the merit system.
This provision is identical to a provision in HB 461 (2019).
DEATH REGISTRATION PROCESS (Sections 193.145 and 193.265)
Under current law, the medical certification from a medical provider is entered into the electronic death registration system. This act requires an attestation from the medical provider who completed the medical certification to be entered into the system as well.
Additionally, if the State Registrar determines that information on a document or record submitted to a local registrar is incomplete, the State Registrar shall return the records or documents with the incomplete information to the local registrar for correction by the data provider, funeral director, or person in charge of the final disposition.
Finally, this act repeals a provision allowing the State Registrar to adopt pilot programs or voluntary electronic death registration programs until an electronic death registration system is certified. Additionally, this act repeals a provision requiring the Division of Community and Public Health within the Department of Health and Senior Services to create a working group for the purposes of evaluating the electronic vital records system and submit a report on findings to the General Assembly by January 1, 2016.
These provisions are substantially similar to provisions in the truly agreed to and finally passed SCS/HCS/HB 447 (2019) and HB 461 (2019).
RIGHT OF SEPULCHER (Section 194.119)
Current law provides a list, in the order of priority, of next-of-kin who have the right to control the disposition of a dead human body. This act provides that the surviving spouse shall not be considered as next-of-kin if an action for dissolution of marriage has been filed and is pending in a court of competent jurisdiction. Additionally, the next-of-kin of a deceased person may delegate the final disposition of the deceased to an agent through a power of attorney.
Under this act, an individual with a superior claim to the disposition of the deceased may be notified in person or by written notice with delivery confirmation, rather than "personally served with written notice" by a person with an inferior claim who has the desire to exercise the right to control the final disposition of the deceased.
This provision is identical to provisions in the truly agreed to and finally passed SCS/HCS/HB 447 (2019) and HB 461 (2019).
ORGAN DONATION (Sections 194.225 and 302.171)
Under current law, a donor may make an anatomical gift by authorizing a statement or symbol to be placed on the his or her driver's license or identification card and by filling out the form on the back of the card. This act requires such symbol or statement to be placed instead on the face of the card and permits a donor symbol sticker issued by the Department of Health and Senior Services to be placed on the back of the card. Additionally, the Department shall include on its website information about organ donation and a link for interested persons to register as an organ donor. If the donor does not have a donor symbol printed on his or her card, the Department shall mail the person a donor symbol sticker to be placed on the back of his or her card. All state agencies and departments may provide a link on their homepage directing the public to the organ donation information and registration page on the Department's website.
These provisions are identical to the perfected HB 450 (2019) and a provision in HCS/SB 11 (2019).
OUTDOOR CREMATIONS (Sections 333.011 and 333.072)
Under this amendment, an "outdoor cremation facility" is defined as a licensed or permitted location that includes an outdoor funeral pyre with the ability to perform cremations. Such facility shall comply with all local, state, and federal laws to ensure public health and safety. Any licensed funeral establishment may, under this act, include an outdoor cremation facility provided such facility complies with all state laws and regulations related to funeral establishments.
For each outdoor cremation, a funeral establishment shall apply to the State Board of Embalmers and Funeral Directors for a permit to perform an outdoor cremation at an outdoor human cremation facility. The Board shall create an application form, which shall include certain information set forth in the amendment. Such application shall be completed and filed at least three days prior to the date of the outdoor cremation. The funeral establishment performing such outdoor cremation shall be required to provide written notice to applicable law enforcement, the county sheriff, or local police at least 24 hours in advance of any outdoor cremation. Such notice shall include certain information set forth in the amendment.
All outdoor cremations conducted at an outdoor human cremation facility shall be supervised by a licensed funeral director, or his or her designee.
These provisions are substantially similar to provisions in the truly agreed to and finally passed SCS/HCS/HB 447 (2019) and similar to SB 455 (2019).
SARAH HASKINS