| 43 | | - | WHEREAS, advances in medical technology, including the use of metal implants, are contributing to the increased quality and longevity of life of the State's population; and WHEREAS, mortuaries are increasingly faced with the need to dispose of metal implants after cremation; and WHEREAS, given the frequent use of cremation as the preferred method for the final arrangement of the deceased, the disposition of incombustible metal surgical implants represents a new issue as metal implants are not included with the ash remains returned to the family in an urn; and WHEREAS, mortuaries in the State do not uniformly request families of the deceased for express written permission to dispose of incombustible metal implants; and WHEREAS, incombustible metal surgical implants may include gold, silver, platinum cobalt, palladium, platinum, and other precious metals that may have monetary value when sold in bulk; and WHEREAS, the promotion of ethical practices that require communication and consent on the part of cremation service providers prevents any potential misuse or unauthorized sale of incombustible metal implants or precious metals therein; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Senate Standing Committee and House of Representatives Standing Committee whose purview includes consumer protection are requested to convene a legislative working group to provide recommendations for family notice and standardized consent provisions for pre-need contracts governing cremation; and BE IT FURTHER RESOLVED that the working group is requested to: (1) Review mortuary operations in each county of the State and other states whose practices include collection, recycling, potential disposition, and sale of incombustible metal surgical implants that generate revenues; (2) Propose definitions for incombustible metal implants that remain following cremation; (3) Recommend contract provisions that mortuaries in the State may add to pre-need contracts that designated family representatives sign to express their preferences and decisions regarding the disposition of metal implants that remain following cremation; (4) Report on current practices employed by mortuaries that sell accumulated incombustible metal surgical implants in bulk and report revenue generated from the sale of incombustible metal surgical implants; (5) Recommend best practices for estate planners, senior advocacy groups, and eldercare attorneys addressing health care directives and last wills and testaments in addressing decisions related to cremation services and the disposition of metal implants, including donations of income from disposed metal implants to a designated nonprofit organization; and (6) Submit a report of its findings and recommendations to the Legislature, including any proposed legislation, by November 30, 2025; and BE IT FURTHER RESOLVED that the working group is requested to consist of the following members: (1) One member from each of the Senate and House of Representatives Standing Committees whose purview include consumer protection, who are requested to serve as co-chairs of the working group, to be appointed respectively by the President of the Senate or Speaker of the House of Representatives; (2) The Chief of the Environmental Health Services Division of the Department of Health or their designee; (3) The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs or their designee; (4) Three individuals representing senior citizens and family advocacy organizations, to be invited by the co-chairs of the working group; and (5) Three individuals from the funeral industry, representing the City and County of Honolulu and neighbor island funeral operators, to be invited by the co-chairs of the working group; and BE IT FURTHER RESOLVED that a community mediation center affiliated with the Judiciary is requested to provide facilitation and mediation support to the working group, including assisting with the drafting of its report to the Legislature; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Executive Director of the Mediation Center of the Pacific, Director of Commerce and Consumer Affairs, and Director of Health. Report Title: Senate; House of Representatives; DCCA; DOH; LRB; Cremation Service Providers; Precious Metals; Legislative Working Group |
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| 43 | + | WHEREAS, advances in medical technology, including the use of metal implants, are contributing to the increased quality and longevity of life of the State's population; and WHEREAS, mortuaries are increasingly faced with the need to dispose of metal implants after cremation; and WHEREAS, given the frequent use of cremation as the preferred method for the final arrangement of the deceased, the disposition of incombustible metal surgical implants represents a new issue as metal implants are not included with the ash remains returned to the family in an urn; and WHEREAS, mortuaries in the State do not uniformly request families of the deceased for express written permission to dispose of incombustible metal implants; and WHEREAS, incombustible metal surgical implants may include gold, silver, platinum cobalt, palladium, platinum, and other precious metals that may have monetary value when sold in bulk; and WHEREAS, the promotion of ethical practices that require communication and consent on the part of cremation service providers prevents any potential misuse or unauthorized sale of incombustible metal implants or precious metals therein; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Senate Standing Committee and House of Representatives Standing Committee whose purview includes consumer protection are requested to convene a legislative working group to provide recommendations for family notice and standardized consent provisions for pre-need contracts governing cremation; and BE IT FURTHER RESOLVED that the working group is requested to: (1) Review mortuary operations in each county of the State and other states whose practices include collection, recycling, potential disposition, and sale of incombustible metal surgical implants that generate revenues; (2) Propose definitions for incombustible metal implants that remain following cremation; (3) Recommend contract provisions that mortuaries in the State may add to pre-need contracts that designated family representatives sign to express their preferences and decisions regarding the disposition of metal implants that remain following cremation; (4) Report on current practices employed by mortuaries that sell accumulated incombustible metal surgical implants in bulk and report revenue generated from the sale of incombustible metal surgical implants; (5) Recommend best practices for estate planners, senior advocacy groups, and eldercare attorneys addressing health care directives and last wills and testaments in addressing decisions related to cremation services and the disposition of metal implants, including donations of income from disposed metal implants to a designated nonprofit organization; and (6) Submit a report of its findings and recommendations to the Legislature, including any proposed legislation, by November 30, 2025; and BE IT FURTHER RESOLVED that the working group is requested to consist of the following members: (1) One member from each of the Senate and House of Representatives Standing Committees whose purview include consumer protection, who are requested to serve as co-chairs of the working group, to be appointed respectively by the President of the Senate or Speaker of the House of Representatives; (2) The Chief of the Environmental Health Services Division of the Department of Health or their designee; (3) The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs or their designee; (4) Three individuals representing senior citizens and family advocacy organizations, to be invited by the co-chairs of the working group; and (5) Three individuals from the funeral industry, representing the City and County of Honolulu and neighbor island funeral operators, to be invited by the co-chairs of the working group; and BE IT FURTHER RESOLVED that a community mediation center affiliated with the Judiciary is requested to provide facilitation and mediation support to the working group, including assisting with the drafting of its report to the Legislature; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Executive Director of the Mediation Center of the Pacific, Director of Commerce and Consumer Affairs, and Director of Health. Report Title: Senate; House of Representatives; DCCA; DOH; Cremation Service Providers; Precious Metals; Legislative Working Group |
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| 44 | 44 | | |
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| 45 | 45 | | WHEREAS, advances in medical technology, including the use of metal implants, are contributing to the increased quality and longevity of life of the State's population; and |
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| 46 | 46 | | |
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| 47 | 47 | | |
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| 48 | 48 | | |
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| 49 | 49 | | WHEREAS, mortuaries are increasingly faced with the need to dispose of metal implants after cremation; and |
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| 50 | 50 | | |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | WHEREAS, given the frequent use of cremation as the preferred method for the final arrangement of the deceased, the disposition of incombustible metal surgical implants represents a new issue as metal implants are not included with the ash remains returned to the family in an urn; and |
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| 54 | 54 | | |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | WHEREAS, mortuaries in the State do not uniformly request families of the deceased for express written permission to dispose of incombustible metal implants; and |
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| 58 | 58 | | |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | WHEREAS, incombustible metal surgical implants may include gold, silver, platinum cobalt, palladium, platinum, and other precious metals that may have monetary value when sold in bulk; and |
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| 62 | 62 | | |
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| 63 | 63 | | |
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| 64 | 64 | | |
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| 65 | 65 | | WHEREAS, the promotion of ethical practices that require communication and consent on the part of cremation service providers prevents any potential misuse or unauthorized sale of incombustible metal implants or precious metals therein; now, therefore, |
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| 66 | 66 | | |
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| 67 | 67 | | |
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| 68 | 68 | | |
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| 69 | 69 | | BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Senate Standing Committee and House of Representatives Standing Committee whose purview includes consumer protection are requested to convene a legislative working group to provide recommendations for family notice and standardized consent provisions for pre-need contracts governing cremation; and |
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| 70 | 70 | | |
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| 71 | 71 | | |
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| 72 | 72 | | |
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| 73 | 73 | | BE IT FURTHER RESOLVED that the working group is requested to: |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | (1) Review mortuary operations in each county of the State and other states whose practices include collection, recycling, potential disposition, and sale of incombustible metal surgical implants that generate revenues; |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | (2) Propose definitions for incombustible metal implants that remain following cremation; |
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| 82 | 82 | | |
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| 83 | 83 | | |
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| 84 | 84 | | |
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| 85 | 85 | | (3) Recommend contract provisions that mortuaries in the State may add to pre-need contracts that designated family representatives sign to express their preferences and decisions regarding the disposition of metal implants that remain following cremation; |
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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | |
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| 89 | 89 | | (4) Report on current practices employed by mortuaries that sell accumulated incombustible metal surgical implants in bulk and report revenue generated from the sale of incombustible metal surgical implants; |
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| 90 | 90 | | |
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| 91 | 91 | | |
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| 92 | 92 | | |
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| 93 | 93 | | (5) Recommend best practices for estate planners, senior advocacy groups, and eldercare attorneys addressing health care directives and last wills and testaments in addressing decisions related to cremation services and the disposition of metal implants, including donations of income from disposed metal implants to a designated nonprofit organization; and |
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| 94 | 94 | | |
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| 95 | 95 | | |
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| 96 | 96 | | |
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| 97 | 97 | | (6) Submit a report of its findings and recommendations to the Legislature, including any proposed legislation, by November 30, 2025; and |
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| 98 | 98 | | |
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| 99 | 99 | | |
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| 100 | 100 | | |
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| 101 | 101 | | BE IT FURTHER RESOLVED that the working group is requested to consist of the following members: |
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| 102 | 102 | | |
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| 103 | 103 | | |
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| 104 | 104 | | |
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| 105 | 105 | | (1) One member from each of the Senate and House of Representatives Standing Committees whose purview include consumer protection, who are requested to serve as co-chairs of the working group, to be appointed respectively by the President of the Senate or Speaker of the House of Representatives; |
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| 106 | 106 | | |
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| 107 | 107 | | |
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| 108 | 108 | | |
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| 109 | 109 | | (2) The Chief of the Environmental Health Services Division of the Department of Health or their designee; |
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| 110 | 110 | | |
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| 111 | 111 | | |
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| 112 | 112 | | |
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| 113 | 113 | | (3) The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs or their designee; |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | (4) Three individuals representing senior citizens and family advocacy organizations, to be invited by the co-chairs of the working group; and |
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| 118 | 118 | | |
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| 119 | 119 | | |
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| 120 | 120 | | |
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| 121 | 121 | | (5) Three individuals from the funeral industry, representing the City and County of Honolulu and neighbor island funeral operators, to be invited by the co-chairs of the working group; and |
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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | BE IT FURTHER RESOLVED that a community mediation center affiliated with the Judiciary is requested to provide facilitation and mediation support to the working group, including assisting with the drafting of its report to the Legislature; and |
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| 126 | 126 | | |
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| 127 | 127 | | |
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| 128 | 128 | | |
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| 129 | 129 | | BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Executive Director of the Mediation Center of the Pacific, Director of Commerce and Consumer Affairs, and Director of Health. |
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| 130 | 130 | | |
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| 131 | 131 | | Report Title: |
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| 132 | 132 | | |
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