239 CMR, § 3.10 - Removal, Preparation and Transportation - Other General Requirements

(1) For purposes of 239 CMR 3.10, the following terms shall have the following meanings:

Remove or Removal. The moving of a dead human body from a home, hospital, or other place of death to a Licensed Funeral Establishment for the purpose of preparing it for burial or cremation.

Ship or Shipment. To convey a dead human body by train, boat, airplane, express or motor freight, or other means of transportation, either within, into, or out of the Commonwealth of Massachusetts after said body has been prepared for burial or cremation.

Transport. To convey a dead human body in a closed hearse or other vehicle registered as a hearse used exclusively for the purpose of transporting dead human bodies or funeral equipment, either within, into or out of Massachusetts for any purpose other than that referred to in the definition of remove or ship in 239 CMR 3.10(1)(a).

(2) In order to recognize the inherent dignity of the human body and protect the public health, sufficient preservation and/or disinfection and refrigeration shall be applied to each dead human body to guarantee temporary protection against excessive decomposition.

(3) Removals shall not be made from any place of death unless a death certificate or other appropriate death pronouncement form, signed by a duly licensed physician, a medical examiner or another person duly authorized by law, is in the possession of the Type 3. In the absence of such a pronouncement, removal may take place with the verbal approval by authorized/legally appropriate government authorities unless otherwise prohibited by M.G.L. c. 114, § 45. Such approval should be documented, in writing thereafter, with the details of said approval.

(4) No Licensed Funeral Establishment, nor any agent or employee thereof, shall handle, move or transport any dead human body except under the supervision of, and with the personal attendance in the vehicle of, a person registered by the Board.

(5) No person registered by this Board or his or her agent or employee shall remove, transport or otherwise convey a dead human body except in a closed hearse or other vehicle used exclusively for the purpose of transporting dead human bodies within the Commonwealth of Massachusetts. Said vehicles shall be designed or equipped in such a manner as to ensure that any dead human body transported therein is concealed from public view. Said vehicles shall be registered and designated as hearses by the Registry of Motor Vehicles. A person duly registered by this Board shall be in personal attendance in the vehicle during any removal, transportation or conveyance of a dead human body.

(6) Vehicles registered and equipped as hearses and bearing hearse plates may be used only for removal or transportation of dead human bodies, transportation of flowers, transportation of funeral equipment, transportation of a clergyperson or other funeral service officiant if such is the custom of the deceased, and/or transportation of other Licensed Funeral Establishment personnel.

(7) If a body has not been embalmed, and the body is to be buried or cremated within the Commonwealth of Massachusetts within 50 hours after death, said body shall be prepared by a Type 3, Type 6, or Apprentice Embalmer. Said registrant shall thoroughly wash, disinfect and sanitize said body; close all orifices with treated absorbent cotton; envelop the entire body with clean sheeting or with provided clothing; and take any other appropriate steps necessary to ensure that there will be no offensive leakage or odors from the body prior to burial, cremation or other final disposition. If a body has not been embalmed, and said body is to be buried or cremated within the Commonwealth of Massachusetts, but said burial or cremation will not occur within 50 hours after death, said body shall be prepared by Type 3, Type 6, or Apprentice Embalmer, and shall also be maintained at a temperature between 34 E F and 39 E F. If the body cannot be maintained at these temperatures, the body must be embalmed unless directed by the client not to in writing. In cases of advanced decomposition where public health may be an issue, a local board of health may direct a funeral director to embalm a body notwithstanding the direction of a client.

(8) A body, once interred or placed in a cemetery receiving vault, shall not be transported or shipped from the cemetery where it lies unless it is encased in a hermetically sealed or air-tight casket, box or container. A body embalmed by a Type 3, Type 6, or Apprentice Embalmer and placed in a receiving vault for not over 30 days shall not be subject to the requirements of 239 CMR 3.10.

(9) In all cases of cremation, a suitable casket or alternative container shall be used. If a casket is used, that casket may later be re-used as long as:

(a) the casket is equipped with a removable liner or insert;

(b) the removable liner or insert is completely removed and replaced with a new liner or insert after each use;

(c) no such casket is used or re-used after any non-removable portion of that casket has been soiled, stained or otherwise contaminated by or from any human remains placed therein, or has been placed within a rental casket insert;

(d) the customer who rents or re-uses that casket has been informed, in writing, that the casket may have been used previously and that it will be reclaimed by the Licensed Funeral Establishment from which he or she has rented or obtained it immediately prior to final disposition of the deceased; and

(e) the customer who rents or re-uses that casket has signed a written disclosure or authorization form verifying that he or she has received all of the information required by 239 CMR 3.10(10) in writing and that he or she authorizes the Licensed Funeral Establishment to use the removable liner or insert selected by him or her for the final disposition of the deceased.

Notes

239 CMR, § 3.10

Amended by Mass Register Issue S1331, eff. 1/27/2017.