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SB 282 - This act modifies provisions relating to the disposition of human remains, including: (1) regarding the death registration process; (2) the right of sepulcher; (3) anatomical gifts; and (4) outdoor cremations. DEATH REGISTRATION PROCESS (Sections 193.124 and 193.265) Under current law, the medical certification from a medical provider is entered into the electronic death registration system. This act requires an attestation from the medical provider who completed the medical certification to be entered into the system as well. Additionally, if the State Registrar determines that information on a document or record submitted to a local registrar is incomplete, the State Registrar shall return the records or documents with the incomplete information to the local registrar for correction by the data provider, funeral director, or person in charge of the final disposition. Finally, this act repeals a provision allowing the State Registrar to adopt pilot programs or voluntary electronic death registration programs until an electronic death registration system is certified. Additionally, this act repeals a provision requiring the Division of Community and Public Health within the Department of Health and Senior Services to create a working group for the purposes of evaluating the electronic vital records system and submit a report on findings to the General Assembly by January 1, 2016. RIGHT OF SEPULCHER (Section 194.119) Current law provides a list, in the order of priority, of next-of-kin who have the right to control the disposition of a dead human body. This act provides that the surviving spouse shall not be considered as next-of-kin if an action for dissolution of marriage has been filed and is pending in a court of competent jurisdiction. Additionally, the next-of-kin of a deceased person may delegate the final disposition of the deceased to an agent through a power of attorney. Under this act, an individual with a superior claim to the disposition of the deceased may be notified in person or by written notice with delivery confirmation, rather than "personally served with written notice" by a person with an inferior claim who has the desire to exercise the right to control the final disposition of the deceased. ANATOMICAL GIFTS (Section 194.265) Under this act, when a hospital notifies a procurement organization that an individual is dead or near death, it shall also notify the organization of any known refusal to make an anatomical gift by the individual, the individual's agent, or a person having statutory priority to make such a decision. A procurement organization having notice of a refusal to make an anatomical gift shall cease any ongoing examination of the individual for medical suitability and shall not make any further contact with the individual, agent, or person having priority regarding the anatomical gift. OUTDOOR CREMATIONS (Section 333.011) Under this act, a licensed funeral establishment may include an outdoor human cremation facility. Any cremation performed at an outdoor human cremation facility may only be performed by a licensed funeral director or a person with a limited license pursuant to rules and regulations promulgated by the State Board of Embalmers and Funeral Directors. Provisions of this act are identical to provisions in SB 455 (2019), SCS/HCS/HB 1597 (2018), and HB 909 (2017). SARAH HASKINS
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