37-19-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Authorizing agent" means a person legally entitled to order the cremation of human remains. An authorizing agent is, in order of preference:
(a) a spouse;
(b) a majority of adult children;
(c) a parent;
(d) a close relative of the deceased; or
(e) in the absence of a person or persons listed in subsections (1)(a) through (1)(d), a personal representative, a public administrator, the deceased through a preneed authorization, or others as designated by board rule.
(2) "Board" means the board of funeral service provided for in 2-15-1853.
(3) "Cemetery" means any land or structure in this state dedicated to and used or intended to be used for interment of cremated remains or human remains. It may be any one or a combination of a burial park for earth interments, a mausoleum for crypt or niche interments, or a columbarium.
(4) "Cemetery company" means an individual, partnership, corporation, or association that:
(a) owns or controls cemetery lands or property and conducts the business of a cemetery; or
(b) applies to the board to own or control cemetery lands or property and conduct the business of a cemetery.
(5) "Closed container" means a container in which cremated remains can be placed and enclosed in a manner that prevents leakage or spillage of cremated remains or entrance of foreign material.
(6) "Columbarium" means a room or space in a building or structure used or intended to be used for the interment of cremated remains.
(7) "Cremated remains" means all human remains recovered after the completion of the cremation, including pulverization that leaves only bone fragments reduced to unidentifiable dimensions.
(8) "Cremation" means the technical process, using heat, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation.
(9) "Cremation chamber" means the enclosed space within which the cremation process takes place. Cremation chambers of crematoriums licensed by this chapter must be used exclusively for the cremation of human remains.
(10) "Cremation container" means the container in which the human remains are placed in the cremation chamber for a cremation. A cremation container must meet substantially all of the following standards:
(a) be composed of readily combustible materials suitable for cremation;
(b) be able to be closed in order to provide a complete covering for the human remains;
(c) be resistant to leakage and spillage;
(d) be rigid enough for handling with ease; and
(e) be able to provide protection for the health, safety, and integrity of crematory personnel.
(11) "Crematory" means the building or portion of a building that houses the cremation chamber and the holding facility.
(12) "Crematory operator" means the person in charge of the licensed crematory facility.
(13) "Crematory technician" means an employee of a crematory facility who is trained to perform cremations and is licensed by the board.
(14) "Crypt" means a chamber of sufficient size to inter the remains of a deceased person.
(15) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.
(16) "Embalming" means the preservation and disinfection of the dead human body by application of chemicals, externally, internally, or both.
(17) "Funeral directing" includes:
(a) supervising funerals, including the making of preneed or at-need contractual arrangements for funerals;
(b) preparing dead bodies for burial, other than by embalming;
(c) maintaining a mortuary for the preparation, disposition, or care of dead human bodies; and
(d) representing to the public that one is a funeral director.
(18) "Holding facility" means an area within or adjacent to the crematory facility designated for the retention of human remains prior to cremation that must:
(a) comply with any applicable public health law;
(b) preserve the dignity of the human remains;
(c) recognize the health, safety, and integrity of the crematory operator and crematory personnel; and
(d) be secure from access by anyone other than authorized personnel.
(19) "Human remains" means the body of a deceased person or part of a body or limb that has been removed from a living person, including the body, part of a body, or limb in any stage of decomposition.
(20) "Interment" means any lawful disposition of cremated remains or human remains.
(21) "Lot" or "grave space" means a space in a cemetery used or intended to be used for interment.
(22) "Mausoleum" means a community-type room or space in a building or structure used or intended to be used for the interment of human remains in crypts or niches.
(23) "Mortician" means a person licensed under this chapter to practice mortuary science.
(24) "Mortuary" means a place of business used for the care and preparation for burial or transportation of dead human bodies or a place where a person represents that the person is engaged in the profession of mortuary science or funeral directing.
(25) "Mortuary science" means the profession or practice of funeral directing and embalming.
(26) "Niche" means a space in a columbarium or mausoleum used or intended to be used for the interment of the cremated remains or human remains of one or more deceased persons.
(27) "Perpetual care and maintenance" means continual and proper maintenance of cemetery buildings, grounds, and lots or grave spaces.
(28) "Temporary container" means a receptacle for cremated remains that is usually made of cardboard, plastic film, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired.
(29) "Urn" means a receptacle designed to permanently encase the cremated remains.
History: En. Sec. 1, Ch. 41, L. 1963; amd. Sec. 260, Ch. 350, L. 1974; R.C.M. 1947, 66-2701; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 298, L. 1989; amd. Sec. 3, Ch. 38, L. 1993; amd. Sec. 2, Ch. 52, L. 1997.
