645—100.9(144) Disinterments. A funeral director in charge of a disinterment will ensure that the disinterment is performed in accordance with rules promulgated by the department of health and human services and will first secure a disinterment permit issued by the department of health and human services.
	100.9(1) No person will disinter a human remains or cremated remains unless the funeral director in charge of the disinterment has a numbered disinterment permit that has been issued by the department of health and human services or by an order of the district court of the county in which the human remains or cremated remains are interred or entombed.
	100.9(2) All disinterment permits will be requested and provided by the department of health and human services.
	100.9(3) All disinterment permits will be signed by the authorizing person.
	100.9(4) Disinterment permits will be furnished upon request from the department of health and human services and will remain valid for 30 days after issuance.
	100.9(5) Disinterment permits will only be issued to the funeral director, and the disinterment must be done under the direct supervision of the funeral director.
	100.9(6) Disinterment permits will be required for any relocation of a human remains from the original site of interment or entombment if the purpose is for autopsy or reburial.
	100.9(7) No disinterment permit is necessary to remove a human remains or cremated remains from a holding facility for interment or entombment in the same cemetery where being temporarily held.
	100.9(8) A funeral director may await a court order before proceeding with disinterment if the funeral director is aware of a dispute among:
	a. 	Persons who are members of the same class of persons described in 641—subrule 97.14(4) as having authority to control the human remains; or
	b. 	Persons who are authorized pursuant to 641—subrule 97.14(4) and the executor named in the decedent’s will or personal representative appointed by the court.
[ARC 7812C, IAB 4/17/24, effective 5/22/24]