House File 2472 H-8061 Amend House File 2472 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 144.1, Code 2020, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 3A. “Cremated remains” means all the 6 remains of the cremated human body recovered after the 7 completion of the cremation process, including pulverization 8 which leaves only bone fragments reduced to unidentifiable 9 dimensions, and may include the residue of any foreign matter 10 including casket material, bridgework, or eyeglasses that were 11 cremated with the human remains. 12 NEW SUBSECTION . 3B. “Cremation” means the technical 13 process, using heat and flame, that reduces human remains to 14 bone fragments, with the reduction taking place through heat 15 and evaporation. Cremation shall include the processing, and 16 may include the pulverization, of the bone fragments. 17 Sec. 2. Section 144.34, Code 2020, is amended to read as 18 follows: 19 144.34 Disinterment —— permit. 20 1. a. Disinterment of a dead body or fetus , without a court 21 order, shall be allowed for the purpose of autopsy or reburial 22 only, and then only if accomplished supervised by a funeral 23 director. A permit for such disinterment and, thereafter, 24 reinterment shall be issued by the state registrar according to 25 rules adopted pursuant to chapter 17A or when ordered by the 26 district court of the county in which such body is buried. 27 b. Disinterment of cremated remains, without a court order, 28 shall be allowed, but only if supervised by a funeral director. 29 c. The state registrar, without a court order, shall not 30 issue a permit without the consent of the person authorized to 31 control the decedent’s remains under section 144C.5 . 32 2. a. Disinterment of a dead body or fetus for the 33 purpose of reburial may be allowed by court order only upon a 34 showing of substantial benefit to the public , and then only if 35 -1- HF2472.3380 (1) 88 (amending this HF 2472 to CONFORM to SF 2135) pf/rh 1/ 3 #1.
supervised by a funeral director . 1 b. Disinterment of a dead body or fetus for the purpose of 2 autopsy or reburial by court order shall be allowed only when 3 reasonable cause is shown that someone is criminally or civilly 4 responsible for such death, after hearing, upon reasonable 5 notice prescribed by the court to the person authorized to 6 control the decedent’s remains under section 144C.5 , and then 7 only if supervised by a funeral director . 8 c. Disinterment of a dead body or fetus for the purpose of 9 cremation may be allowed by court order only if supervised by a 10 funeral director. Subsequent to the disinterment, cremation 11 of the body shall only be allowed upon a determination by the 12 state or county medical examiner that the death was due to 13 natural causes. 14 3. A permit for disinterment shall be issued by the state 15 registrar according to rules adopted pursuant to chapter 17A 16 or when ordered by the district court of the county in which 17 such body is buried. A person authorized to control final 18 disposition of a decedent’s remains under section 144C.5 is an 19 interested person and shall be entitled to notice prior to the 20 obtaining of a court order. 21 4. Due consideration under this section shall be given to 22 the public health, the dead, and the feelings of relatives 23 preferences of a person authorized to control final disposition 24 of a decedent’s remains under section 144C.5, and any court 25 order . 26 Sec. 3. Section 144C.3, subsection 4, Code 2020, is amended 27 to read as follows: 28 4. A funeral director, an attorney, or any agent, owner, or 29 employee of a funeral establishment, cremation establishment, 30 cemetery, elder group home, assisted living program, adult day 31 services program, or licensed hospice program shall not serve 32 as a designee unless married to the declarant or related to the 33 declarant within the third degree of consanguinity. > 34 -2- HF2472.3380 (1) 88 (amending this HF 2472 to CONFORM to SF 2135) pf/rh 2/ 3
______________________________ LENSING of Johnson -3- HF2472.3380 (1) 88 (amending this HF 2472 to CONFORM to SF 2135) pf/rh 3/ 3