N.Y. Comp. Codes R. & Regs. Tit. 19 § 203.4 - Identification of deceased human beings
(a) No crematory shall accept the remains of
any deceased human being without a cremation permit and a cremation
authorization form as provided in section
203.13(c) of this
Part. The cremation permit shall constitute presumptive evidence of the
identity of the remains.
(b) If a
crematory has a reasonable, well-grounded basis to doubt the identity of the
remains, the cremation shall not commence until reasonable confirmation of the
identity of the deceased human being has been made.
(c) The crematory shall, by a written plan
available for inspection by the Division of Cemeteries, assure that the
identification of the deceased, as established by the cremation permit or
subsequent confirming document, accompanies the remains of the deceased human
being until the identity of the deceased is accurately and legibly inscribed on
the containers in which the cremains are placed. From the time the crematory
accepts delivery of the remains of a deceased human being until the time the
crematory delivers the cremains as directed, the crematory shall be responsible
for the remains of the deceased human being and for maintaining the
identification of the remains.
(d)
If a document confirming the identity of the deceased is required, it shall be
provided by the person in control of disposition and may be in the form of, but
not limited to:
(1) a signed affidavit from a
licensed physician, a member of the family of the deceased human being, or the
person in control of disposition; or
(2) a court order from the State Supreme
Court within the county of the crematory.
(e) A copy of the cremation permit and the
document confirming the identity of the deceased shall be retained in the
permanent file of the crematory.
Notes
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