Stricken language would be deleted from and underlined language would be added to present law.
*ANS009* 03/12/2025 12:14:47 PM ANS009
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 440 3
4
By: Senator D. Wallace 5
6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING EMBALMERS AND 9
FUNERAL DIRECTORS; TO REGULATE THE USE OF ALKALINE 10
HYDROLYSIS; TO REGULATE ALKALINE HYDROLYSIS 11
FACILITIES; AND FOR OTHER PURPOSES. 12
13
14
Subtitle 15
TO AMEND THE LAW CONCERNING EMBALMERS 16
AND FUNERAL DIRECTORS; TO REGULATE THE 17
USE OF ALKALINE HYDROLYSIS; AND TO 18
REGULATE ALKALINE HYDROLYSIS FACILITIES. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. Arkansas Code § 17 -29-304(b)(1)(A), concerning the 23
requirements for a full -time manager of a funeral establishment, is amended 24
to read as follows: 25
(b)(1)(A) Except as provided in subdivision (b)(2) of this section, 26
the board shall not issue a license to operate a full -service funeral 27
establishment unless the establishment has employed a full -time manager who: 28
(i) Is a licensed funeral director in good standing; 29
(ii) Actively supervises the staff of the 30
establishment; and 31
(iii) Is not employed by a nonaffiliated funeral 32
establishment; 33
(iv) Is responsible for reports and documents 34
prescribed by the board; 35
(v) Is responsible to report any changes of 36 SB440
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information to the board; 1
(vi) Conspicuously displays all current and valid 2
licenses for the funeral establishment and current registered apprentices; 3
(vii) Is responsible for ensuring all licenses are 4
renewed timely; and 5
(viii) Resides within fifty (50) miles of the 6
funeral establishment . 7
8
SECTION 2. Arkansas Code § 17 -29-311(a), concerning the prohibited 9
conduct of licensees for the practice of embalming or funeral directing, is 10
amended to read as follows: 11
(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and 12
Burial Services may issue letters of reprimand or caution, refuse to issue or 13
renew a license, suspend or revoke any license for the practice of embalming , 14
or funeral directing, or operating a crematory retort, or may place the 15
holder thereof on a term of probation after proper hearing upon finding the 16
holder of the license to be guilty of acts of commission or omission, 17
including the following: 18
(1) Conviction of a felony listed under § 17 -3-102; 19
(2) Misrepresentations made or fraud committed as a holder of a 20
license; 21
(3) False or misleading advertising; 22
(4) Solicitation of dead human bodies by the licensee, his or 23
her agents, assistants, or employees, whether the solicitation occurs after 24
death or while death is impending, provided that this prohibition shall not 25
be deemed to prohibit general advertising; 26
(5) Employment directly or indirectly of an apprentice, agent, 27
assistant, employee, or other person on a part -time or full-time basis or on 28
a commission for the purpose of calling upon individuals or institutions by 29
whose influence dead human bodies may be turned over to a particular funeral 30
establishment; 31
(6) The direct or indirect payment or offer of payment of a 32
commission by the licensee, his or her agents, assistants, or employees for 33
the purpose of securing business; 34
(7) Allowing a person who is not licensed under this subchapter 35
to execute a contract for funeral arrangements; 36 SB440
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(8) Aiding or abetting an unlicensed person to practice 1
embalming or funeral directing; 2
(9) Violation of any provision of this subchapter and § 17-29-3
201 et seq. [repealed] ; 4
(10) Violation of any state law or rule or of any municipal or 5
county ordinance or regulation affecting the handling, custody, care, 6
transportation, or final disposition of dead human bodies; 7
(11) Fraud or misrepresentation in obtaining or renewing a 8
license; 9
(12) Refusing to properly release a dead human body to the 10
custody of the person or entity having the legal right to effect such a 11
release if all other applicable laws and rules have been followed by the 12
holder of the license; 13
(13) Willful failure to secure a permit for the removal or burial 14
or other disposition of a dead human body; 15
(14) Knowingly making a false statement on a certificate of 16
death; 17
(15) Violations of applicable law or rules with regard to 18
prearranged or prepaid funeral services or funeral merchandise. However, the 19
proper regulatory agency for prearranged or prepaid funeral services or 20
funeral merchandise shall have determined that such a violation has occurred; 21
(16) Discriminating in services because of race, creed, color, or 22
national origin; 23
(17) Failure to meet continuing education requirements; or 24
(18) Failure to answer a complaint within the fifteen -day time 25
period. 26
27
SECTION 3. Arkansas Code § 17 -29-311(e), concerning unlicensed 28
activities as transacting or practicing embalming or funeral directing or 29
operating or maintaining a funeral establishment, is amended to read as 30
follows: 31
(e) It shall be unlawful for any person, partnership, corporation, or 32
association that has not been licensed or registered as specified in this 33
subchapter to transact, practice, or hold himself or herself or itself out as 34
transacting or practicing embalming or funeral directing or operating or 35
maintaining a funeral establishment , alkaline hydrolysis facility, or 36 SB440
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crematory within this state. 1
2
SECTION 4. Arkansas Code § 17 -29-311(f), concerning the requirements 3
for storage of a dead human body, is amended to read as follows: 4
(f)(1) A dead human body that is not buried or otherwise disposed of 5
within an allotted time as determined by rule of the board shall be embalmed 6
or stored under refrigeration as determined by the Department of Health or 7
its successor or successors concerning the preservation of bodies. 8
(2)(A) When taking custody of the dead human body under this 9
subchapter or § 23-61-1101 et seq. or when the dead human body is stored 10
under refrigeration as determined by the department, a funeral establishment , 11
alkaline hydrolysis facility, or crematory shall maintain the dead human body 12
in a manner that provides for complete coverage of the dead human body and 13
prevents leakage or spillage by properly storing the dead human body in a 14
refrigeration or preparation room at all times except during: 15
(i) Identification, embalming, or preparation of an 16
unembalmed dead human body for final disposition; 17
(ii) Restoration and dressing of a dead human body 18
in preparation for final disposition; or 19
(iii) Viewing during a visitation or funeral 20
service. 21
(B) The funeral establishment , alkaline hydrolysis 22
facility, or crematory shall treat the dead human body with dignity and 23
respect as determined by rule of the board. 24
(3)(A) If a funeral establishment , alkaline hydrolysis facility, 25
or crematory is unable to secure or store a dead human body as required under 26
subdivision (f)(1) of this section due to an unforeseen circumstance, the 27
funeral establishment , alkaline hydrolysis facility, or crematory shall 28
transfer the dead human body and notify the board and the person or entity 29
having the legal right to arrange for the final disposition of the dead human 30
body. 31
(B) The notice required under subdivision (f)(3)(A) of 32
this section shall: 33
(i) Be provided within twenty -four (24) hours after 34
the occurrence of the unforeseen circumstance; and 35
(ii) Include the: 36 SB440
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(a) Name and location of the facility where 1
the dead human body is being transferred; 2
(b) Reason for the transfer; and 3
(c) Method of storage. 4
(4) A dead human body shall not be embalmed or artificially 5
preserved without: 6
(A) The express permission of a person or entity with the 7
legal right to arrange for the final disposition of the dead human body under 8
the Arkansas Final Disposition Rights Act of 2009, § 20 -17-102; or 9
(B) A court order. 10
(5) A funeral establishment , alkaline hydrolysis facility, or 11
crematory shall not store a dead human body until final disposition at a 12
funeral establishment , alkaline hydrolysis facility, or crematory without a 13
license under this subchapter or § 23 -61-1101 et seq. 14
(6) A funeral establishment, alkaline hydrolysis facility, 15
crematory, or transport service of human remains licensed under this 16
subchapter shall not transport or store a dead human body together with 17
animal remains in the same confined space. 18
19
SECTION 5. Arkansas Code § 17 -29-313 is amended to read as follows: 20
17-29-313. Permit required — Crematorium construction — Operation of 21
crematorium. 22
(a)(1) A crematorium shall not be constructed in this state without a 23
permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, 24
and Burial Services. 25
(2) In order to receive a permit to construct a crematorium, a 26
person shall: 27
(A)(i) Publish a notice in a local newspaper, or a state-28
wide newspaper if a local newspaper is not published weekly, of general 29
circulation in the county where the crematorium is proposed to be constructed 30
stating that the applicant intends to construct a crematorium at a designated 31
location. 32
(ii) The notice shall: 33
(a)(1) Be published on the Sunday and 34
Wednesday no more than fifteen (15) days nor less than seven (7) days two (2) 35
weeks before submitting an application to the board. 36 SB440
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(2) Publication as described in 1
subdivision (a)(2)(A)(ii)(a)(1) of this section is sufficient if the notice 2
is published in the newspaper's print edition or digital edition, or both; 3
and 4
(b) Invite Inform members of the public to 5
that: 6
(1) The public has ten (10) business 7
days from the date of the notice to submit written protest to regarding the 8
construction of the proposed crematorium to the board at the address 9
designated by the board ; and 10
(2) A written protest may include a 11
request that the board hold a public hearing regarding the construction of 12
the proposed crematorium ; and 13
(B)(i) Submit an application to the board for a permit to 14
construct a crematorium. 15
(ii) The application for a permit to construct a 16
crematorium shall include: 17
(a) Proof of publication of the notice 18
required under subdivision (a)(2)(A) of this section; and 19
(b) A copy of the permit issued by the 20
Division of Environmental Quality under § 8 -4-203 to construct the 21
crematorium; and 22
(c) The fee as prescribed in § 17 -29-208 23
[repealed]. 24
(b)(1) Upon receiving a written protest to an application for the 25
construction of a crematorium requesting a public hearing , the board, in its 26
discretion, shall: 27
(A) review the written protest and decide if a public 28
hearing is warranted. 29
(2) If the board decides a public hearing is warranted under 30
subdivision (b)(1) of this section, the board shall: 31
(A) Schedule a public hearing on the application; and 32
(B)(i) Direct the applicant to publish in a local 33
newspaper, or a state-wide newspaper if a local newspaper is not published 34
weekly, having general circulation within the county where the crematorium is 35
proposed to be constructed a notice of the date and time of a public hearing 36 SB440
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on the application. 1
(ii) The notice shall be published on the Sunday and 2
Wednesday no more than fifteen (15) days nor less than seven (7) at least ten 3
(10) calendar days before the public hearing. 4
(2) The public hearing shall be held in the city or county in 5
which the proposed crematorium is to be located. 6
(c)(1) A crematorium shall not be operated in this state without a 7
license issued by the board. 8
(2) A person who desires to operate a crematorium in this state 9
shall: 10
(A) Make application to the board on forms furnished by 11
the board; 12
(B) Provide the necessary information as determined by the 13
board; 14
(C) Attach the fee as prescribed by the board; 15
(D) Satisfy the requirements of the board for the safe and 16
sanitary operation of a crematorium as determined by the board; and 17
(E)(i) Provide to the board proof of liability insurance. 18
(ii) The board shall develop and promulgate rules to 19
establish minimum levels of general liability insurance coverage for licensed 20
crematoriums. 21
(3) The board shall grant the application if the board finds 22
that the proposed crematorium: 23
(A) Complies with all state and federal laws concerning 24
environmental and public health; and 25
(B) Will serve the public interest. 26
27
SECTION 6. Arkansas Code § 17 -29-401 is amended to read as follows: 28
17-29-401. Criminal penalties. 29
A person who practices the science of embalming, engages in the 30
business of funeral directing, operates a funeral establishment, operates a 31
crematorium, conducts cremations, transports human remains, or operates a 32
transport service without a license under § 23 -61-1101 et seq. and § 17 -29-33
301 et seq. is guilty of a Class D felony and subject to the punishment 34
prescribed for Class D felonies in the Arkansas Criminal Code A violation of 35
this chapter is a Class D felony . 36 SB440
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1
SECTION 7. Arkansas Code Title 17, Chapter 29, is amended to add an 2
additional subchapter to read as follows: 3
4
Subchapter 8 — Alkaline Hydrolysis Facilities 5
6
17-29-801. Definitions. 7
As used in this subchapter: 8
(1)(A) "Alkaline hydrolysis" means a water -based dissolution 9
process that uses alkaline chemicals and heat that may involve agitation or 10
pressure to accelerate the natural decomposition that results in effluent. 11
(B) "Alkaline hydrolysis" includes the disposal of the 12
liquid and the processing and pulverization to dry bone residue; 13
(2) "Alkaline hydrolysis chamber" means an enclosed space: 14
(A) Within which the alkaline hydrolysis process takes 15
place; and 16
(B) That is exclusively used for the alkaline hydrolysis 17
of human remains; 18
(3) "Alkaline hydrolysis facility" means a funeral establishment 19
licensed under this subchapter; 20
(4) "Authorized person" means: 21
(A) A licensed embalmer or funeral director; 22
(B) A registered apprentice or mortuary student; 23
(C) A public official or representative in the discharge 24
of his or her official duties; 25
(D) Licensed medical personnel; 26
(E) A trained alkaline hydrolysis facility operator; and 27
(F) A person with the right to control the disposition of 28
the remains of a deceased person under § 20 -17-102 and his or her designee; 29
(5)(A) "Body part" means a limb or other portions of the human 30
body that are removed from a living person for medical purposes during 31
biopsy, treatment, or surgery. 32
(B) "Body part" includes a dead human body that has been 33
donated to science for purposes of medical education or research and parts of 34
the dead human body that were removed for those purposes; 35
(6) "Effluent" means bone fragments and neutral liquid resulting 36 SB440
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from the alkaline hydrolysis process; 1
(7) "Operator" means a crematory retort operator licensed under 2
§ 17-29-314; 3
(8) "Political subdivision" means: 4
(A) A county; 5
(B) A city of the first class or city of the second class; 6
or 7
(C) An incorporated town; 8
(9) "Processing" means the reduction of an identifiable bone 9
fragment after the completion of the alkaline hydrolysis process into an 10
unidentifiable bone fragment by manual means; 11
(10) "Pulverization" means the reduction of identifiable bone 12
fragments after the completion of the alkaline hydrolysis and processing the 13
bone fragments into granulated particles by manual or mechanical means; 14
(11) "Resomation" means the alkaline hydrolysis process that is 15
used to break down a dead human body into ashes; 16
(12) "Temporary container" means a receptable for resomated 17
remains that is: 18
(A) Composed of cardboard, plastic, metal, or another 19
material that can be closed in a manner that prevents leakage or spillage of 20
resomated remains and prevents the entrance of foreign material; and 21
(B) Sufficient in size to hold the resomated remains until 22
the resomated remains are placed in an urn or scattered; and 23
(13) "Urn" means a receptable designed to permanently encase the 24
resomated remains. 25
26
17-29-802. License required — General requirements. 27
(a)(1) An alkaline hydrolysis facility is required to be licensed by 28
the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial 29
Services. 30
(2) A dead human body may only be hydrolyzed in this state at a 31
alkaline hydrolysis facility that is licensed under this subchapter. 32
(b)(1) A building that is to be used as an alkaline hydrolysis 33
facility shall comply with all applicable building codes, zoning laws and 34
ordinances, wastewater management regulations, and environmental statutes, 35
rules, and standards of a political subdivision and the state. 36 SB440
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(2) An alkaline hydrolysis facility shall have: 1
(A) A purpose built human alkaline hydrolysis system on 2
site that is approved for human alkaline hydrolysis; 3
(B) A system for drying the hydrolyzed remains; 4
(C) A motorized mechanical device for processing 5
hydrolyzed remains; and 6
(D)(i) A holding facility approved for human resomation by 7
the board for the retention of dead human bodies awaiting alkaline 8
hydrolysis. 9
(ii) The holding facility described in subdivision 10
(b)(2)(D)(i) of this section shall: 11
(a) Be secure to prevent access by anyone 12
except the authorized personnel of the alkaline hydrolysis facility; 13
(b) Preserve the dignity of the remains; and 14
(c) Protect the health and safety of the 15
personnel of the alkaline hydrolysis facility. 16
17
17-29-803. Flooring, walls, ceiling, doors, and windows — Equipment 18
and supplies. 19
(a)(1)(A) Any room where an alkaline hydrolysis chamber is located and 20
the room that is used for the storage of chemicals used for the alkaline 21
hydrolysis process shall: 22
(i) Have nonporous flooring to ensure sanitary 23
conditions; 24
(ii) Be private and have no general passageway 25
through it; and 26
(iii) Display in a conspicuous place a sign that 27
indicates that the room is private and access is limited. 28
(B) The room shall be secure at all times from the 29
entrance of unauthorized persons. 30
(2) The walls and ceiling of any room where an alkaline 31
hydrolysis chamber is located and any room that is used for the storage of 32
chemicals used for the alkaline hydrolysis process shall run from floor to 33
ceiling and be covered with tile, plaster, or sheetrock painted with washable 34
paint or other appropriate material to ensure sanitary conditions. 35
(3) Any door, wall, ceiling, and window of a room where an 36 SB440
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alkaline hydrolysis chamber is located and a room that is used for the 1
storage of chemicals used for the alkaline hydrolysis process shall be 2
constructed to prevent odors from entering any other part of the building. 3
(4)(A) A window or other opening to the outside of any room 4
where an alkaline hydrolysis chamber is located and any room that is used for 5
the storage of chemicals used for the alkaline hydrolysis process shall be 6
screened. 7
(B)(i) A window shall be treated in a manner that prevents 8
viewing into any room where the alkaline hydrolysis chamber is located. 9
(ii) A viewing window for an authorized family 10
member or a designee of an authorized family member is not a violation of 11
subdivision (a)(4)(B)(i) of this section. 12
(b) An alkaline hydrolysis facility shall have a functional emergency 13
eye wash and quick drench shower. 14
(c) An authorized person who is present in or enters any room where 15
the alkaline hydrolysis chamber is located while a body is being prepared for 16
final disposition shall be attired according to all applicable state laws and 17
rules and federal regulations regarding the control of infectious disease and 18
occupational and workplace health and safety. 19
20
17-29-804. Application procedure — Documentation — Initial inspection. 21
(a) An application to license and operate an alkaline hydrolysis 22
facility shall be submitted to the State Board of Embalmers, Funeral 23
Directors, Cemeteries, and Burial Services. 24
(b) An application described in subsection (a) of this section shall 25
include: 26
(1) A completed application form, as provided by the board; 27
(2) Proof of liability insurance coverage that demonstrates an 28
applicant's ability to respond to damages for liability arising from the 29
ownership, maintenance, management, or operation of an alkaline hydrolysis 30
facility; and 31
(3) Copies of wastewater and other environmental regulatory 32
permits and environmental regulatory licenses necessary to conduct operations 33
of an alkaline hydrolysis facility. 34
35
17-29-805. Alkaline hydrolysis facility operator — Duties. 36 SB440
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(a)(1) An operator may schedule the time of the resomation of a dead 1
human body to occur at the operator’s own convenience at any time after the 2
operator receives the following: 3
(A)(i) The identity of the human remains. 4
(ii) Permissible methods of identifying the remains 5
include: 6
(a) Verifying the name on the hospital 7
bracelet or anklet with the fact sheet; 8
(b) Verifying the name on the funeral home 9
bracelet; 10
(c) Using a photo of the decedent; 11
(d) Confirmation of the decedent's identity by 12
an authorized person; or 13
(e) Proof of identity as submitted to the 14
crematory authority directly by law enforcement or by any other appropriate 15
legal or governmental authority; 16
(B) The name of the authorized person and the relationship 17
between the authorized person and the decedent; 18
(C) An authorization for the alkaline hydrolysis facility 19
to resomate the human remains; 20
(D) A resomation final disposition rights form or a 21
representation that the authorized person is unaware of any objection to the 22
human remains being resomated by a person who has a right to control the 23
disposition of the human remains; 24
(E) The name of the person authorized to claim the human 25
remains from the alkaline hydrolysis facility; 26
(F) A completed and executed burial transit permit or 27
other disposition authorization signed by the authority having jurisdiction 28
to authorize final disposition of a dead human body, as provided in the laws 29
of the state or territory where death occurred, indicating that the human 30
remains are to be resomated; 31
(G) A death certificate, fetal death certificate, or other 32
disposition authorization signed by the authority having jurisdiction to 33
authorize final disposition of a dead human body in the state, territory, or 34
country where death occurred; and 35
(H) Any other documentation required by a political 36 SB440
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subdivision. 1
(2) The operator is responsible for a dead human body or a body 2
part when the dead human body or body part has been delivered to or accepted 3
by the alkaline hydrolysis facility or an employee or agent of the alkaline 4
hydrolysis facility. 5
(b)(1) An operator of an alkaline hydrolysis facility shall do the 6
following: 7
(A) Upon receipt of a dead human body at the alkaline 8
hydrolysis facility that has not been embalmed, the body may be placed in a 9
holding facility within the first twenty -four (24) to forty-eight (48) hours 10
after death unless ordered by the Department of Health to embalm or 11
refrigerate for the control of infectious disease and the protection of the 12
public; 13
(B) The body shall be held in a refrigerated facility 14
forty-eight (48) hours after death, if not embalmed; 15
(C) The body shall remain in the holding facility until 16
near the time of the resomation process commences within the first twenty -17
four (24) to forty-eight (48) hours after death; and 18
(D) The body shall remain in the refrigerated facility 19
until near the time of the resomation process commences after the first 20
forty-eight (48) hours, if not embalmed. 21
(2) Upon receipt of a dead human body that has been embalmed, 22
the operator shall place the body in the holding facility at the alkaline 23
hydrolysis facility and keep the body in the holding facility until the 24
resomation process commences. 25
(c)(1) An operator shall remove the dead human body from the 26
container, if any, in which the body was delivered or accepted by the 27
alkaline hydrolysis facility. 28
(2) An authorized person shall be informed about a casket or an 29
alternative container, unless biodegradable, that is to be removed from 30
encasing the dead human body before resomation. 31
(3) The alkaline hydrolysis facility shall not be held liable 32
for removing a dead human body from a casket or an alternative container for 33
the purpose of preventing damage to the alkaline hydrolysis chamber. 34
(4) If the alkaline hydrolysis facility has to remove a dead 35
human body from a casket or an alternative container, the funeral 36 SB440
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establishment in charge of the at -need arrangements shall pick up the casket 1
or the alternative container with the human remains. 2
(d) An operator shall not: 3
(1)(A) Simultaneously resomate more than one (1) dead human body 4
or body parts removed from more than one (1) dead human body or living person 5
in the same alkaline hydrolysis chamber without permission from the 6
authorized person. 7
(B) Subdivision (d)(1)(A) of this section does not 8
prohibit the use of alkaline hydrolysis equipment that contains more than one 9
(1) alkaline hydrolysis chamber; or 10
(2) Permit a person other than an employee of the alkaline 11
hydrolysis facility, a licensed embalmer, or a person authorized pursuant to 12
the instructions of the decedent, or the decedent's legal next of kin, if 13
any, to be present in the holding facility or resomation room while: 14
(A) A dead human body or body parts are being held in the 15
holding facility or resomation room; 16
(B) A dead human body or body parts are being resomated; 17
or 18
(C) Resomated remains are being removed from the 19
resomation chamber. 20
(e)(1) An operator shall not remove dental gold or silver, body parts, 21
organs, or other items of value from a dead human body before the resomation 22
or from the resomated remains after resomation unless the operator was acting 23
under instructions of the decedent or the decedent's legal next of kin that 24
specifically authorize the removal of dental gold or silver, body parts, 25
organs, or other items of value. 26
(2) An operator who removes dental gold or silver, body parts, 27
organs, or other items of value from a dead human body, or assists in the 28
removal of dental gold or silver, body parts, organs, or other items of value 29
from a dead human body shall not charge a fee for doing so that exceeds the 30
actual cost to the alkaline hydrolysis facility for performing or assisting 31
in the removal of dental gold or silver, body parts, organs, or other items 32
of value from a dead human body. 33
34
17-29-806. Recoverable remains. 35
(a) Upon completion of the resomation process, the operator of an 36 SB440
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alkaline hydrolysis facility shall remove from the resomation chamber all 1
resomation residue that is practicably recoverable. 2
(b)(1) If the recovered resomated remains do not fit in the urn 3
selected or in the temporary container, the operator shall place the 4
remainder in a separate temporary container. 5
(2) Resomated remains placed in a separate temporary container 6
shall be delivered, released, or disposed of together with those in the urn 7
or other temporary container. 8
(c) Subdivision (b)(1) of this section does not require an operator to 9
recover a specified quantity or quality of resomated remains upon the 10
completion of a resomation. 11
(d)(1) An operator shall not knowingly represent that an urn or 12
temporary container contains the recovered resomated remains of a specific 13
dead human body or of body parts removed from a specific dead human body or 14
living person if the urn or container does not contain the recovered 15
resomated remains of the specific dead human body or of body parts removed 16
from a specific dead human body or living person. 17
(2) Subdivision (d)(1) of this section does not prohibit the 18
making of a representation because of the presence in the recovered resomated 19
remains of de minimis amounts of the resomated remains of another dead human 20
body or of body parts. 21
(e) An operator or a funeral director shall ship or cause to be 22
shipped any resomated remains by a class or method of mail, common carrier 23
service, or delivery service that has an internal system for tracing the 24
location of the resomated remains during shipment and that requires a signed 25
receipt from the individual who accepts delivery of the resomated remains. 26
(f) An operator shall establish and maintain a system for: 27
(1) Accurately identifying a dead human body in possession of 28
the alkaline hydrolysis facility; and 29
(2) Identifying a dead human body or living person from whom 30
body parts in the possession of the alkaline hydrolysis facility were removed 31
throughout all phases of the holding and resomation process. 32
(g) An operator shall not knowingly use or allow the use of the same 33
alkaline hydrolysis chamber for the resomation of a dead human body or body 34
parts and a body or body parts of an animal. 35
36 SB440
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17-29-807. Final Disposition of remains – Unclaimed resomated remains. 1
(a) Except as provided in subsection (b) of this section, an operator 2
shall not: 3
(1) Dispose of the resomated remains of a dead human body or 4
body parts in a manner or in a location that the resomated remains are 5
commingled with those of another dead human body or body parts removed from 6
another dead human body or living person; or 7
(2) Place the resomated remains of more than one (1) dead human 8
body, or of body parts removed from more than one (1) dead human body or 9
living person, in the same urn or temporary container. 10
(b) Notwithstanding subsection (a) of this section, an operator may: 11
(1) If complying with specific instructions from the decedent or 12
decedents or an heir or personal representative designated by the decedent or 13
decedents: 14
(A) Scatter resomated remains at sea, by air, or in a 15
dedicated area at a cemetery used exclusively for the scattering on the 16
ground of the resomated remains of a dead human body or body parts; 17
(B) Commingle resomated remains of more than one (1) dead 18
human body or of body parts removed from more than one (1) dead human body or 19
living person; or 20
(C) Place in the same urn or temporary container of the 21
resomated remains of more than one (1) dead human body, or of body parts 22
removed from more than one (1) dead human body or living person; and 23
(2) If the operator is operating under the decedent's 24
instructions, commingle the resomated remains or body parts removed from 25
another dead human body or living person, after receipt of the resomated 26
remains or the body parts, with those of another dead human body or body 27
parts removed from another dead human body or living person. 28
(c)(1) Unless otherwise specified by written agreement between the 29
operator or funeral establishment and the person or entity requesting the 30
resomation of human remains, resomated human remains unclaimed ninety (90) 31
calendar days from the date of resomation may be interred, entombed, or 32
inurned by the operator. 33
(2) The operator or funeral establishment shall make a record of 34
the disposition of the unclaimed resomated human remains available for 35
inspection on weekdays between the hours of 8:00 a.m. and 4:30 p.m. 36 SB440
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1
17-29-808. Written receipt for remains – Records. 2
(a) An operator shall provide a written receipt to an individual who 3
delivers a dead human body or body parts to the alkaline hydrolysis facility 4
for resomation. 5
(b)(1) If a dead human body was not donated to science for the purpose 6
of medical education or research, the written receipt shall be signed by both 7
a representative of the alkaline hydrolysis facility and the individual who 8
delivered the dead human body to the alkaline hydrolysis facility. 9
(2) The written receipt under subdivision (b)(1) of this section 10
shall include: 11
(A) The name of the decedent; 12
(B) The date and time of delivery; 13
(C) The type of casket or container, if any, in which the 14
dead human body was delivered to the alkaline hydrolysis facility; 15
(D) The name of the individual who delivered the dead 16
human body to the facility, if applicable; 17
(E) The name of the funeral home or other establishment 18
with whom the individual delivering the dead human body is affiliated; and 19
(F) The name of the individual who received the dead human 20
body on behalf of the alkaline hydrolysis facility. 21
(c) If a dead human body was donated to science for purposes of 22
medical education or research, then the written receipt described under 23
subsection (a) of this section shall indicate the name of the individual who 24
received the dead human body on behalf of the alkaline hydrolysis facility. 25
(d)(1)(A) At the time of releasing resomated remains, an operator 26
shall ensure that a written receipt signed by both a representative of the 27
alkaline hydrolysis facility and the individual who received the resomated 28
remains is provided to the individual who received the resomated remains. 29
(B) Except for the resomated remains of a dead human body 30
that was donated to science for the purpose of medical education or research 31
or body parts of a dead human body that was donated to science for the 32
purpose of medical education or research, the written receipt under 33
subdivision (d)(1)(A) of this section shall indicate: 34
(i) The name of the decedent; 35
(ii) The date and time of the release of the 36 SB440
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resomated remains; 1
(iii) The name of the individual who received the 2
released resomated remains; 3
(iv) If applicable, the name of the funeral home, 4
cemetery, or other entity to whom the resomated remains were released; and 5
(v) The name of the individual who released the 6
resomated remains on behalf of the alkaline hydrolysis facility. 7
(2)(A) If the resomated remains are of a dead human body that 8
was donated to science for purposes of medical education or research or are 9
those of body parts of a dead human body that was donated to science for 10
purposes of medical education or research, then the written receipt under 11
subdivision (d)(1)(A) of this section shall: 12
(i) Be signed by both a representative of the 13
alkaline hydrolysis facility and the individual who received the resomated 14
remains; and 15
(ii) Indicate the date and time of the release of 16
the resomated remains. 17
(B) For other resomated remains, the written receipt shall 18
accompany the resomated remains. 19
(C) The signature of the individual whose name is on the 20
delivery receipt to accept delivery of the resomated remains satisfies the 21
requirement of this section that the person receiving the resomated remains 22
sign the written receipt provided by the alkaline hydrolysis facility. 23
(e)(1) An alkaline hydrolysis facility engaged in the business of 24
resomating a dead human body or body parts shall keep the following for a 25
period of at least seven (7) years after each resomation to which the 26
information applies: 27
(A) A copy of each written receipt issued upon acceptance 28
by or delivery to the alkaline hydrolysis facility of a dead human body; 29
(B) A record of each resomation conducted at the alkaline 30
hydrolysis facility, containing at least: 31
(i) The name of the decedent or, in the case of body 32
parts, the name of the decedent or living person from whom the body parts 33
were removed; 34
(ii) The date and time of the resomation; and 35
(iii) The final disposition made of the resomated 36 SB440
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remains; 1
(C) A copy of each delivery receipt issued under this 2
section; and 3
(D) A separate record of the resomated remains of each 4
dead human body or the body parts removed from each dead human body or living 5
person that were disposed of containing: 6
(i) The name of the decedent; 7
(ii) The date and time of the resomation; and 8
(iii) The location, date, and manner of final 9
disposition of the resomated remains; and 10
(2) Following the period described under subdivision (e)(1) of 11
this section and subject to any other laws requiring retention of records, 12
the alkaline hydrolysis facility may: 13
(A) Place the records in storage or reduce them to 14
microfilm, microfiche, laser disc, or any other method that can produce an 15
accurate reproduction of the original records; or 16
(B) Transfer the records to the Arkansas State Archives or 17
the Division of Arkansas Heritage for permanent storage. 18
(f) A record required to be maintained under this section is subject 19
to inspection by the board, or an authorized representative of the board, 20
upon reasonable notice and at a reasonable time. 21
22
17-29-809. Alkaline hydrolysis facility operator liability. 23
(a) Unless an action or omission by an operator was made with 24
malicious purpose, in bad faith, or in a wanton or reckless manner, the 25
operator is not liable for damages in a civil action for: 26
(1) Having performed the resomation of a dead human body or 27
having released or disposed of the resomated remains according to the 28
instructions of the decedent or an heir or personal representative of the 29
decedent; 30
(2) Having performed the resomation of the dead human body or 31
body parts removed from the dead human body or living person or having 32
released or disposed of the resomated remains according to the instructions 33
of the decedent or an heir or personal representative of the decedent; 34
(3) Failing to correctly identify a dead human body before 35
resomation; 36 SB440
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(4) Having actual knowledge that there is a dispute between 1
those sharing the same right of final disposition regarding the resomation of 2
the dead human body or body parts, and the operator has not received 3
confirmation that the dispute is resolved or an order of the court having 4
jurisdiction ordering the resomation of the dead human body or body parts; 5
(5) Having a reasonable basis for questioning the accuracy of 6
the information or statements provided to the operator with respect to the 7
resomation of the dead human body or body parts; or 8
(6) Having any other lawful reason for refusing to accept the 9
dead human body or body parts or to perform the resomation. 10
(b) An operator is not liable for damages in a civil action in 11
connection with the resomation of or disposition of the resomated remains of 12
dental gold or silver, jewelry, or other items of value delivered to the 13
facility with a dead human body or body parts unless the actions or omissions 14
of the operator were made with malicious purpose, in bad faith, or in a 15
wanton or reckless manner. 16
(c) This section does not: 17
(1) Create a new cause of action or substantive legal right 18
against the operator; or 19
(2) Affect an immunity from civil liability or a defense 20
established by law to which the operator may be entitled. 21
22
17-29-810. Delay of resomation. 23
(a) If a death comes under the authority of the coroner or medical 24
examiner, the dead human body or body parts shall not be received by the 25
alkaline hydrolysis facility until the alkaline hydrolysis facility receives 26
authorization for resomation from the coroner of the county in which death 27
occurred or the medical examiner. 28
(b) If the alkaline hydrolysis facility is authorized to perform a 29
funeral in addition to a resomation, the restriction under subsection (a) of 30
this section for the receipt of human remains is applicable, but resomation 31
shall not take place until authorization is given by the coroner or medical 32
examiner to the alkaline hydrolysis facility. 33
(c)(1) This subchapter does not permit the resomation of body parts 34
from a dead human body or a living person at the request of a hospital or 35
other institution. 36 SB440
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(2) Only an individual from whose body the body parts were 1
removed or the individual's appointed representative may make arrangements 2
with an alkaline hydrolysis facility for the resomation of a body part. 3
4
SECTION 8. Arkansas Code § 23 -61-1103(a)(3)(D), concerning the rules 5
promulgated by the State Board of Embalmers, Funeral Directors, Cemeteries, 6
and Burial Services, is amended to read as follows: 7
(D) To establish qualifications necessary to: 8
(i) Practice the science of embalming; 9
(ii) Engage in the business of funeral directing; 10
(iii) Practice cremation; 11
(iv) Practice alkaline hydrolysis; 12
(v) Transport human remains; and 13
(v)(vi) Operate a funeral establishment, mortuary 14
service, crematorium, retort, alkaline hydrolysis facility, or transport 15
service firm to transport human remains; 16
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