Amends TCA Title 62, Chapter 5.

This bill establishes requirements regarding alkaline hydrolysis. This bill defines "alkaline hydrolysis" as a water-based dissolution process using alkaline chemicals and heat, and may involve agitation or pressure, to reduce human remains to a liquid and to dry bone residue. Included in the definition is the disposal of the liquid and the processing and pulverization of dry bone residue. This bill defines "resomation" as the alkaline hydrolysis process. Under this bill: (1) An operator of an alkaline hydrolysis facility may not resomate or allow resomation at an alkaline hydrolysis facility of a dead human body, other than a body that was donated to science for purposes of medical education or research, until the following has occurred: (A) The requirements of item (2) below have been met, unless the decedent died from a virulent communicable disease, in which case the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the resomation to occur prior to the requirements of item (2) below being met; (B) The operator has received a permit from the department of health for resomation of human remains that authorizes the resomation of the decedent; and (C) The operator has received other documentation required by this state or a political subdivision of this state; (2) If a person who signs the death certificate; a district attorney general; any law enforcement officer; or an emergency medical or rescue worker, emergency medical technician, or paramedic who attended the person immediately prior to or after the person's death, signs a written statement requesting the delay of a resomation based upon a reasonable belief that the cause of death may have been due to other than accidental or natural causes, then the resomation of a dead human body must be delayed based upon that request; (3) If an operator of an alkaline hydrolysis facility submits to the department of health a sworn affidavit stating the operator has completed the resomation of human remains without charge, then the department of health must issue a refund of fees associated with the receipt of a permit as described in item (1)(B) above; (4) The operator of an alkaline hydrolysis facility may schedule the time for the resomation of a dead human body to occur at the operator's own convenience at any time after the conditions in item (1) above have been met and the decedent or body parts have been delivered to the facility, unless, in the case of a dead human body, the operator has received specific instructions to the contrary from the alkaline hydrolysis facility. The operator of an alkaline hydrolysis facility becomes responsible for a dead human body or body parts when the body or body parts have been delivered to or accepted by the facility or an employee or agent of the facility; (5) Operators must follow specified steps upon receipt of a dead human body and must adhere to this bill's requirements when resomating a body. See Section 1 62-5-803(b)-(h) for specifics on the process; (6) An operator of an alkaline hydrolysis facility is prohibited from knowingly representing that an urn or temporary container contains the recovered resomated remains of a specific decedent or of body parts removed from a specific decedent or living person when the urn or container does not. This provision does not prohibit the making of such a representation because of the presence in the recovered resomated remains of de minimis amounts of the resomated remains of another decedent or of body parts; (7) Operators of an alkaline hydrolysis facility or a funeral director must ship or cause to be shipped any resomated remains by a class or method of mail, common carrier service, or delivery service that has an internal system for tracing the location of the resomated remains during shipment and that requires a signed receipt from the person accepting delivery of the resomated remains. (8) Operators of an alkaline hydrolysis facility must establish and maintain a system for accurately identifying each dead human body in the facility's possession and for identifying each decedent or living person from whom body parts in the facility's possession were removed throughout all phases of the holding and resomation process. (9) An operator of an alkaline hydrolysis facility is prohibited from knowingly using or allowing the use of the same resomation chamber for the resomation of dead human bodies or body parts and bodies or body parts of animals; (10) A person is prohibited from: (A) Disposing of the resomated remains of a dead human body or body parts in a manner or in a location that the resomated remains are commingled with those of another decedent, or body parts removed from another decedent or living person; or (B) Placing the resomated remains of more than one decedent, or of body parts removed from more than one decedent or living person, in the same urn or temporary container; (11) A person may: (A) Scatter resomated remains at sea, by air, or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the resomated remains of dead human bodies or body parts; (B) If complying with specific instructions from the decedent or decedents, or an heir or personal representative designated by the decedent or decedents: commingle resomated remains of more than one decedent, or of body parts removed from more than one decedent or living person; or place in the same urn or temporary container of the resomated remains of more than one decedent, or of body parts removed from more than one decedent or living person; and (C) If the person is operating under the decedent's instructions, commingle the resomated remains or body parts removed from another decedent or living person, after receipt of the resomated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person; (12) Unless otherwise specified by written agreement between the operator of the alkaline hydrolysis facility or funeral establishment and the person or entity requesting the resomation of human remains, resomated human remains that are unclaimed 180 calendar days from the date of resomation may be interred, entombed, or inurned by the operator of the facility; (18) An operator of an alkaline hydrolysis facility must ensure that a written receipt is provided to the person who delivers a dead human body or body parts to the facility for resomation. At the time of releasing resomated remains, an operator of an alkaline hydrolysis facility must ensure that a written receipt signed by both a representative of the facility and the person who received the resomated remains is provided to the person who received the resomated remains. This bill sets out in detail other receipt requirements. This bill also establishes certain record-keeping requirements; (19) If a funeral director delivers the decedent to an alkaline hydrolysis facility, then the embalmer must take reasonable precautions to ensure necessary actions are taken to remove any device or implant from the decedent known to the funeral director, or to render the device or implant nonhazardous, prior to delivering the decedent to the facility; (20) The operator of an alkaline hydrolysis facility will not be liable for damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner: (A) Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent; (B) Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or (C) Failure to correctly identify a dead human body prior to resomation; (21) The operator of an alkaline hydrolysis facility will not be liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a resomation under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner: (A) The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts; (B) The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or (C) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation; (22) The operator of an alkaline hydrolysis facility will not be liable for damages in a civil action in connection with the resomation of or disposition of the resomated remains of any dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner; (23) An operator of an alkaline hydrolysis facility is prohibited from requiring a person to be resomated in a casket. However, in the discretion of the operator of a facility, a container composed of a readily biodegradable material that is suitable for resomation, other than a casket, may be required; and (24) The resomation of body parts from a decedent or living person at the request of a hospital or other institution is not permitted. Only the individual from whose body the body parts were removed, or the individual's duly appointed representative, may make arrangements with an alkaline hydrolysis facility for the resomation of body parts.