Oklahoma § 59-396.29 - Cremation – Intermingling – Liability for final

§ 59-396.29. Cremation – Intermingling – Liability for final

disposition or cremation – Identification system – Disposition of

unclaimed remains – Military veteran.

A. The person charged by law with the duty of burying the body

of a deceased person may discharge such duty by causing the body to

be cremated as authorized and provided for in the following sections

of this article, but the body of a deceased person shall not be

disposed of by cremation, or other similar means, within the State

of Oklahoma, except in a crematory duly licensed as provided for

herein, and then only under a special permit for cremation issued in

accordance with the provisions hereof.

B. Upon the completion of each cremation, and insofar as is

practicable, all of the recoverable residue of the cremation process

shall be removed from the crematory and placed in a separate

container so that the residue may not be commingled with the

cremated remains of other persons. Cremated remains of a dead human

shall not be divided or separated without the prior written consent

of the authorizing agent.

C. A funeral director or funeral establishment that has

received express written authorization for final disposition or

cremation from the authorizing agent shall not be liable if the

final disposition or cremation is performed in accordance with the

provisions of the Funeral Services Licensing Act. The funeral

director or funeral establishment shall not be liable for following

in a reasonable fashion the instructions of any persons who falsely

represent themselves as the proper authorizing agents.

Oklahoma Statutes - Title 59. Professions and Occupations

D. Absent the receipt of a court order or other suitable

confirmation of resolution, a funeral director or funeral

establishment shall not be liable for refusing to accept human

remains for final disposition or cremation if the funeral director

or other agent of the funeral establishment:

1. Is aware of any dispute concerning the final disposition or

cremation of the human remains; or

2. Has a reasonable basis for questioning any of the

representations made by the authorizing agent.

E. Each funeral establishment which offers or performs

cremations shall maintain an identification system that ensures the

ability of the funeral establishment to identify the human remains

in its possession throughout all phases of the cremation process.

Upon completion of the cremation process, the crematory operator

shall attest to the identity of the cremated remains and the date,

time, and place the cremation process occurred on a form prescribed

by rule of the Oklahoma Funeral Board. The form shall accompany the

human remains in all phases of transportation, cremation, and return

of the cremated remains.

F. The authorizing agent is responsible for the disposition of

the cremated remains. If, after sixty (60) calendar days from the

date of cremation, the authorizing agent or the representative of

the agent has not specified the ultimate disposition or claimed the

cremated remains, the funeral establishment in possession of the

cremated remains may dispose of the cremated remains in a dignified

and humane manner in accordance with any state, county, or municipal

laws or provisions regarding the disposition of cremated remains,

except as provided in subsection G of this section. A record of

this disposition shall be made and kept by the entity making the

disposition. Upon the disposition of unclaimed cremated remains in

accordance with this subsection, the funeral establishment and

entity which disposed the cremated remains shall be discharged from

any legal obligation or liability concerning the disposition of the

cremated remains.

G. If the authorizing agent determines that the unclaimed

cremated remains are those of a military veteran, the funeral

establishment may transfer the remains to a charitable organization

approved by the Military Department of the State of Oklahoma for the

purpose of providing a dignified and honorable funeral for the

veteran at a veterans cemetery. The charitable organization shall

be listed as an exempt organization under Section 501(c) of the

Internal Revenue Code, 26 U.S.C., Section 501(c). Upon the transfer

of the veteran’s remains to the charitable organization, the funeral

establishment shall be discharged from any legal obligation or

liability concerning the disposition of the cremated remains.

Added by Laws 1963, c. 325, art. 3, § 328, operative July 1, 1963.

Amended by Laws 2003, c. 57, § 24, emerg. eff. April 10, 2003.

Oklahoma Statutes - Title 59. Professions and Occupations

Renumbered from § 1-328 of Title 63 by Laws 2003, c. 57, § 31,

emerg. eff. April 10, 2003. Amended by Laws 2010, c. 127, § 2, eff.

Nov. 1, 2010.