RELATES TO:
KRS 213.081,
213.098,
367.93103,
367.93105,
367.93115,
367.93117,
367.97501,
367.97504,
367.97507,
367.97511,
367.97514,
367.97517,
367.97521,
367.97524,
367.97527,
391.010
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 15.180 authorizes the Attorney General to
promulgate administrative regulations that will facilitate performing the
duties and exercising the authority vested in the Attorney General and the
Department of Law. KRS 367.150(4)
requires the Department of Law to recommend administrative regulations in the
consumers' interest. KRS 367.97501 and
367.97504 require the Attorney
General to promulgate an administrative regulation to establish an application
for a crematory authority license and report forms.
KRS 367.97524 requires crematory authorities to
obtain signed cremation authorization forms before conducting any cremations.
KRS 367.97534(5) authorizes the
Attorney General to promulgate administrative regulations necessary to carry
out the provisions of
KRS 367.97501 to
367.97537, pertaining to
crematory authorities. This administrative regulation prescribes the license
application form, and other forms, to be used by crematory authorities. This
administrative regulation establishes the records and information that shall be
retained by crematory authorities and permits crematory inspections by the
Attorney General.
Section 1. Crematory
Authority License Application Form.
(1) An
applicant for a crematory authority license shall complete and submit a
Crematory Authority License Application, Form CR-5, to the Office of Attorney
General before commencing business.
(2) An applicant for a crematory authority
license shall submit with each Crematory Authority License Application, Form
CR-5:
(a) Payment of the $100 registration
fee;
(b) The applicant's
certificate of existence, authorization certificate from the Kentucky Secretary
of State's office, or other evidence of the applicant's authority to transact
business in Kentucky; and
(c) A
completed Preneed Merchandise Sellers Application, CPN-6 Form, as incorporated
by reference in
40 KAR 2:155, if the applicant
intends to sell preneed burial contracts.
Section 2. Cremation Authorization Form.
(1) A licensed crematory authority shall
complete and keep a Cremation Authorization, Form CR-1, for every cremation of
human remains it has performed.
(2)
A licensed crematory authority shall attach to the Cremation Authorization,
Form CR1, for authorizing agents for cremation, if applicable:
(a) An original Funeral Planning Declaration,
Form FPD-1, as incorporated by reference in
40 KAR 2:145;
(b) An original discontinued Preneed
Cremation Authorization, Form CR-3, executed prior to July 15, 2016;
and
(c) An original U.S. Department
of Defense form, Record of Emergency Data, DD Form 93, or a successor form
adopted by the United States Department of Defense.
Section 3. Crematory Annual Report
Form.
(1) A licensed crematory authority shall
complete and submit a Crematory Authority Annual Report, Form CR-2, for each
calendar year beginning January 1 and ending December 31.
(2) The completed Crematory Authority Annual
Report, Form CR-2, shall be filed with the Attorney General's Office by March
31 of the year following the calendar year reported.
(3) A licensed crematory authority shall
submit with the Crematory Authority Annual Report, Form CR-2, a ten (10) dollar
annual registration fee.
Section
4. Statement of Supervision Form. A licensed crematory authority
shall complete and submit a Statement of Supervision for Registered Crematory
Retort Operators, Form CR-4, for each trained retort operator before permitting
the trained operator to operate a retort..
Section 5. Required Records of the Crematory
Authority. To comply with
KRS 367.97504(5), a crematory
authority shall keep and maintain the following records for all cremations
occurring within the prior ten (10) years:
(1)
The original or a copy of the completed Cremation Authorization, Form
CR-1;
(2) Any discontinued Preneed
Cremation Authorization, Form CR-3 completed and executed prior to July 15,
2016; and
(3) Any Funeral Planning
Declaration, Form FPD-1 as incorporated by reference in
40 KAR 2:145.
Section 6. Inspection of Crematory
Authorities. The Attorney General may conduct announced and unannounced
inspections of the applicant's and a licensed crematory authority's premises
during normal business hours to review records and ensure compliance with
KRS 367.97501 to
367.97537 and related
administrative regulations. An applicant and a licensed crematory authority
shall permit these inspections and make all requested records readily available
to the Attorney General upon request.
Section
7. Material Changes in Application and Reports. A licensed
crematory authority shall notify the Attorney General within fourteen (14) days
of any material change in the information provided in its applications or
reports.
Section 8. Human Remains
of Deceased Pregnant Mother. A licensed crematory may cremate the remains of a
deceased pregnant woman together with the fetal remains of her unborn child or
children within the same cremation chamber. Completion of a Cremation
Authorization, Form CR-1 authorizing cremation of the deceased pregnant woman
shall also authorize cremation of her unborn child or children.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Cremation Authorization", Form
CR-1, Oct. 2022;
(b) "Crematory
Authority Annual Report", Form CR-2, Oct. 2022;
(c) "Statement of Supervision for Registered
Crematory Retort Operators", Form CR4, Oct. 2022; and
(d) "Crematory Authority License
Application", Form CR-5, Oct. 2022.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of the Attorney
General, Office of Consumer Protection, 1024 Capital Center Drive, Suite 200,
Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This
material is also available on the Office's Web site,
https://ag.ky.gov/Pages/default.aspx.
