Text: HF02359 Text: HF02361 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 142.1, Code 1995, is amended to read as 1 2 follows: 1 3 142.1 DELIVERY OF BODIES. 1 4 The body of every person dying in a public asylum, 1 5 hospital, county care facility, penitentiary, or reformatory 1 6 in this state, or found dead within the state, or which is to 1 7 be buried at public expense in this state, except those buried 1 8 under the provisions of chapter 249, and which is suitable for 1 9 scientific purposes, shall be delivered to the medical college 1 10 of the state university, or some osteopathic or chiropractic 1 11 college or school located in this state, which has been 1 12 approved under the law regulating the practice of osteopathy 1 13 or chiropractic; but no such body shall be delivered to any 1 14 such college or school if the deceased person expressed a 1 15 desire during the person's last illness that the person's body 1 16 should be buriedor cremated, nor if such is the desire of the 1 17 person's relatives or if the spouse of the deceased person, or 1 18 if there is no spouse, the person authorized to act on behalf 1 19 of the deceased person, or if there is no such authorized 1 20 person, the next of kin of the deceased person, or if there is 1 21 no next of kin, a friend of the deceased person, requests that 1 22 the deceased person be cremated. If the person requesting 1 23 cremation of the deceased person does not provide for 1 24 cremation and cremation expenses within five days, the body 1 25 shall be used for scientific purposes under this chapter. If 1 26 the person requesting cremation of the deceased person 1 27 provides for cremation and cremation expenses within five 1 28 days, the body of the deceased person shall be delivered to 1 29 the person requesting the cremation of the deceased person at 1 30 no expense to the state or county. Such bodies shall be 1 31 equitably distributed among said colleges and schools 1 32 according to their needs for teaching anatomy in accordance 1 33 with such rules as may be adopted by the Iowa department of 1 34 public health. The expense of transporting said bodies to 1 35 such college or school shall be paid by the college or school 2 1 receiving the same. In the event the deceased person has not 2 2 expressed a desire during the person's last illness that the 2 3 person's body should be buriedor crematedand should have no 2 4 relatives that request the person's body for burialor2 5cremation, if a friend objects to the use of the deceased 2 6 person's body for scientific purposes, said deceased person's 2 7 body shall be forthwith delivered to such friend for burialor2 8cremationat no expense to the state or county. Unless such 2 9 friend provides for burial and burial expenses within five 2 10 days, the body shall be used for scientific purposes under 2 11 this chapter. 2 12 Sec. 2. NEW SECTION. 156.14 PERSONS AUTHORIZED TO 2 13 REQUEST CREMATION OF A DECEASED PERSON. 2 14 If the spouse of a deceased person, or if there is no 2 15 spouse, the person authorized to act on behalf of the deceased 2 16 person, or if there is no such authorized person, the next of 2 17 kin of a deceased person, requests that the body of a deceased 2 18 person be cremated, a funeral director shall comply with the 2 19 request and the request shall not be nullified by the contrary 2 20 request of another person. 2 21 Sec. 3. Section 331.805, subsection 3, paragraph b, Code 2 22 1995, is amended to read as follows: 2 23 b.If the next of kin, guardian, or other person2 24authorized to act on behalf of a deceased person has requested2 25that the body of the deceased person be cremated,If cremation 2 26 of the body of the deceased person is requested under the 2 27 authorization for cremation provision established in section 2 28 156.14, cremation of the body of the deceased person requires 2 29 that a permit for cremation must be obtained from a medical 2 30 examiner. However, a permit is not required if the deceased 2 31 person was a member of an established religion whose tenets 2 32 are opposed to the inspection or examination of the body of a 2 33 deceased person. Cremation permits by the medical examiner 2 34 must be made on the most current forms prepared at the 2 35 direction of and approved by the state medical examiner, with 3 1 copies forwarded to the state medical examiner's office. 3 2 Costs for the cremation permit issued by a medical examiner 3 3 shall not exceed twenty-five dollars. The costs shall be 3 4 borne by the family, next of kin, guardian of the decedent, or 3 5 other person. 3 6 EXPLANATION 3 7 Current law does not specifically require a funeral 3 8 director to comply with a request of the spouse, person 3 9 authorized to act on behalf of a deceased person, or next of 3 10 kin, that a deceased person be cremated if another person 3 11 disagrees. 3 12 Section 2 of this bill provides that if the spouse of a 3 13 deceased person, or if there is no spouse, the person 3 14 authorized to act on behalf of the deceased person, or if 3 15 there is no such authorized person, the next of kin of a 3 16 deceased person, requests that the body of a deceased person 3 17 be cremated, a funeral director shall comply with the request 3 18 and the request shall not be nullified by the contrary request 3 19 of another person. 3 20 Section 1 establishes the authorization for cremation 3 21 provision set forth in section 2. However, section 1 also 3 22 authorizes a friend of a deceased person who dies in a public 3 23 asylum, hospital, county care facility, penitentiary, or 3 24 reformatory, or who is found dead within this state, to 3 25 request that the deceased person be cremated when there is no 3 26 spouse, person authorized to act on behalf of the deceased 3 27 person, or next of kin. 3 28 Section 3 establishes the authorization for cremation 3 29 provision set forth in section 2 relating to the requirement 3 30 to obtain a cremation permit from a medical examiner involving 3 31 certain types of deaths. 3 32 LSB 4080YH 76 3 33 kah/sc/14
Text: HF02359 Text: HF02361 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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