North Carolina 2023-2024 Regular Session

North Carolina House Bill H517

Introduced
3/29/23  

Caption

Liability Protection/Disposal of Remains

Impact

The bill amends existing laws to clarify and expand the conditions under which funeral service providers can operate without facing legal repercussions. A significant change is the removal of the liability for refusing to dispose of remains until a court order is received if there is uncertainty regarding the statutory authority of the individual requesting the disposition. Furthermore, it adds provisions that allow for embalming or cremation of remains related to communicable diseases, regardless of final disposition, which aims to address public health concerns while ensuring proper handling of deceased individuals.

Summary

House Bill 517 aims to establish legal protections for funeral directors and other entities involved in the handling of human remains, particularly in situations where disputes may arise regarding the disposition of a body. The bill introduces provisions that provide immunity from civil liability for funeral service practitioners who refuse or delay the disposition of remains when there is a question of authority. This includes scenarios where a court order is required due to disputes over who has the right to authorize the disposition, thereby offering funeral professionals a safeguard against potential legal challenges.

Sentiment

Overall, the sentiment surrounding HB 517 appears to be largely supportive, especially among funeral industry professionals. Proponents argue that the bill provides necessary clarity and protection to funeral directors, enabling them to perform their duties without fear of legal ramifications when faced with difficult situations regarding remains. However, there may also be some concern regarding how these protections could potentially impact the rights of family members involved in disputes over remains, highlighting a need for balance in protecting both the funeral service profession and the rights of individuals during a sensitive time.

Contention

Notable points of contention around the bill include debates about the implications of providing legal immunity to funeral service providers. Critics could argue that it may lead to situations where rightful parties are unable to exercise their authority over remains due to procedural delays. Additionally, the provision allowing embalming or cremation of remains without a time delay in cases of infectious diseases could raise concerns regarding public health protocols and standards in the funeral industry. As such, while the bill aims to protect funeral service professionals, it also necessitates careful consideration of its effects on family rights and public health safeguards.

Companion Bills

No companion bills found.

Previously Filed As

NC H1003

Board of Funeral Service Modifications

NC AB2592

Reduction of human remains and the disposition of reduced human remains.

NC AB351

Reduction of human remains and the disposition of reduced human remains.

NC AB501

Reduction of human remains and the disposition of reduced human remains.

NC AB967

Human remains disposal: alkaline hydrolysis: licensure and regulation.

NC HB672

Provides relative to rights and requirements of certain persons authorized to arrange the disposition of human remains

NC HB873

Provide for the disposition of fetal remains

NC HB1609

Disposition of human remains by composting.

NC HB680

Relating To Human Remains.

NC HB747

Relating To Human Remains.

Similar Bills

No similar bills found.