Introduced By: Representatives Pisaturo, Heffner, Lewiss, Carpenter, Ajello
Date Introduced : February 2, 1999
Referred To: Committee on H.E.W
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 5-33.2 of the General Laws entitled "Funeral Director/Embalmer Funeral Service Establishments" is hereby amended by adding thereto the following section:
{ADD 5-33.2-24. Proper authority for funeral arrangements and disposition of human remains. -- ADD} {ADD Every licensed funeral director/embalmer, licensed funeral establishment, licensed crematory, and cemetery shall comply with the following rules with respect to proper authority for funeral arrangements and disposition of human remains: ADD}
{ADD (1) If a licensed funeral establishment is a party to a funeral services contract, as defined in section 5-33.1-2 of the General Laws, for the benefit of a deceased person, only when executed by the principal, him or herself and said contract is still in effect at the time of that person's death, the terms of that contract shall control the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted for the deceased, and the final disposition of the deceased person's remains to the full extent provided in that contract. When said contract is executed by the principal, him or herself, and specifies cremation as the chosen disposition, said contract shall be considered sufficient legal authorization for cremation. No licensed funeral establishment, licensed crematory, or cemetery nor any of its agents or employees, may cancel or materially alter any of the arrangements specified in that contract, even if requested to do so by a member of the deceased person's family or a funeral planning agent designated pursuant to chapter 5-33.3 of the General Laws unless compliance with the terms of the original contract would result in a violation of any applicable federal, state or local law or regulation, notwithstanding the provisions of this act. ADD}
{ADD (2) To the extent that there is no funeral services contract in effect at the time of death for the benefit of the deceased person, indicating the wishes of the deceased person with respect to the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted, or the final disposition of the deceased person's remains, then the funeral establishment and its agents or employees shall follow the directions of the deceased person's survivors, in the following order of priority: ADD}
{ADD (a) an agent designated pursuant to chapter 5-33.3 of the General Laws, if any; ADD}
{ADD (b) the surviving spouse of the deceased; ADD}
{ADD (c) the surviving adult children of the deceased; ADD}
{ADD (d) the surviving parent(s) of the deceased; ADD}
{ADD (e) the surviving brother(s) or sister(s) of the deceased; ADD}
{ADD (f) the surviving adult grandchildren of the deceased; ADD}
{ADD (g) the surviving adult niece(s) or nephew(s) of the deceased; ADD}
{ADD (h) the guardian of the person of the deceased at the time of his or her death. ADD}
{ADD All licensed funeral directors/embalmers, licensed funeral establishments, licensed crematories, cemeteries, and all their agents and employees shall be held harmless, and shall not be subject to civil suit, either as individual(s), partnership(s), or corporation(s) for complying with the provisions of this chapter. ADD}
SECTION 2. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:
{ADD FUNERAL PLANNING AGENT DESIGNATION ADD}
{ADD 5-33.3-1. Title. -- ADD} {ADDThis act may be known as the "Funeral Planning Agent Designation Act." ADD}
{ADD 5-33.3-2. Definitions. -- ADD} {ADD As used in this chapter: ADD}
{ADD (a) "Principal" shall mean the person designating another individual or individuals to serve as his or her funeral planning agent upon the person's death. ADD}
{ADD (b) "Funeral planning agent" shall mean a person who is at least eighteen (18) years of age, who has been duly and lawfully designated, and who has accepted said designation, to act for the principal, and who shall have authority and responsibility to make all arrangements therefor, regarding funeral preparation, planning, the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted, burial, and/or the disposition of the principal's remains, including cremation, upon the death of the principal. The funeral planning agent may be a relative or a non-relative of the principal, except as otherwise provided for in section 5-33.3-3(d). ADD}
{ADD (c) "Relative" shall mean any person defined pursuant to the provisions of section 5-33.2-24(2)(b)-(2)(g). ADD}
{ADD 5-33.3-3. Designation of funeral planning agent.-- ADD} {ADD (A) Any individual who is at least eighteen (18) years of age and of sound mind shall be allowed to designate a primary funeral planning agent and alternate agent, if they wish. ADD}
{ADD (B) All health care providers, as licensed under the provisions of chapter 29 or 37 of title 5, all health care facilities, as defined in chapter 23-17, all funeral directors/embalmers and funeral service establishments as defined in chapter 5-33.2., and all crematories and cemeteries, as well as their agents and employees shall be required to comply with all of the provisions of this act. ADD}
{ADD (C) The individual making said designation pursuant to subsection (A) shall designate a primary agent, but shall not be required to designate an alternate agent. Provided, no person so designated as the funeral planning agent shall be required to take on the responsibilities of said designation if they are unwilling or incapable of doing so. ADD}
{ADD (D) No person may act as a primary funeral planning agent or alternate agent for more than one (1) non-relative at any one (1) time except that a person may serve as a funeral planning agent to any and all of their own relatives and any one (1) non-relative simultaneously. The designated agent or alternate agent shall sign the designation accepting the appointment. A person accepting said appointment shall assume ultimate responsibility for ensuring full payment of all expenses and costs connected to the funeral of the principal from the principal's resources or in the event the principal's resources are insufficient to ensure full payment, from the agent's own personal financial resources. ADD}
{ADD (E) All individuals, facilities, and establishments listed in subsection (B) herein shall be held harmless, and shall not be subject to civil suit, either as individual(s), partnership(s) or corporation(s) for complying with the provisions of this chapter. ADD}
{ADD 5-33.3-4. Form of designation. -- ADD} {ADD (a) The designation provided for in section 5-33.3-3 may be in substantially the following form: ADD}
{ADD I, (PRINCIPAL), do hereby name and designate (PRIMARY AGENT) as my primary funeral planning agent, or if he/she is unwilling or incapable (ALTERNATE AGENT) as my alternate funeral planning agent, who shall have sole responsibility and authority to make any and all arrangements and decisions regarding my funeral preparation and planning, burial or disposition of my remains, including cremation, upon my death, pursuant to the provisions of section 5-33.2-24. By signing this document, the aforementioned agent(s) agree to ensure payment for all outstanding expenses related to my funeral. The agent further certifies that if I am a non-relative to the agent, then I am the only non-relative for whom the agent is serving as a funeral planning agent. This document revokes and makes null and void any and all previous designations of a funeral planning agent. ADD}
{ADD Witness:
Principal:_______________________________ ADD}
{ADD ______________________________________________________________________________ ADD}
{ADD (Name and address of Witness) Name
and address of Principal: ADD}
{ADD Dated:
Dated:_____________________ ADD}
{ADD Primary Agent:__________________________ Alternate Agent:_____________ ADD}
{ADD Name and Address of Primary Agent Name and
Address of Alternate Agent ADD}
{ADD ______________________________________________________________________ ADD}
{ADD Dated:_________________________________ Dated:__________________________ ADD}
{ADD State of_________________________________County of________________________ ADD}
{ADD Subscribed and sworn to before me this______ day of______________________
ADD}
{ADD __________________________________________________________________
ADD}
{ADD _______________________________________(Notary Public) ADD}
{ADD (b) Upon the proper and complete execution of a funeral planning
agent designation form, a signed notarized original thereof shall
be given to the principal executing said form, the primary funeral
planning agent, and the alternate funeral planning agent, if any. ADD}
{ADD (c) The principal is encouraged to review in detail his or her specific wishes regarding the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted, and/or the disposition of his or her remains with their funeral planning agent(s). ADD}
{ADD (d) This chapter shall not be construed to prohibit the participation of other individuals in the funeral planning process as well as the funeral itself. No individuals shall be required to designate a funeral planning agent under the provisions of this chapter. ADD}
SECTION 3. This act shall take effect upon passage.
This act would provide for the regulation of the proper authority for final arrangements and disposition of human remains.
This act would also permit a person to designate a funeral planning agent. The act includes a proposed form for the designation.
This act would take effect upon passage.