Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2193 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 1224 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2193
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Higgins and Jack Patrick Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act expanding after-death care options.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/18/2023Jack Patrick Lewis7th Middlesex1/18/2023Adam Scanlon14th Bristol1/23/2023Samantha Montaño15th Suffolk1/24/2023Carmine Lawrence Gentile13th Middlesex1/25/2023James C. Arena-DeRosa8th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Steven Owens29th Middlesex1/31/2023Michael P. Kushmerek3rd Worcester1/31/2023Kelly W. Pease4th Hampden1/31/2023Carol A. Doherty3rd Bristol2/1/2023Kay Khan11th Middlesex2/1/2023Mike Connolly26th Middlesex2/1/2023Daniel M. Donahue16th Worcester2/7/2023Natalie M. Blais1st Franklin2/8/2023Patricia A. Duffy5th Hampden2/8/2023Thomas M. Stanley9th Middlesex2/9/2023 2 of 2
16	16	Brian W. Murray10th Worcester2/17/2023Danillo A. Sena37th Middlesex2/21/2023James B. EldridgeMiddlesex and Worcester2/28/2023Edward R. Philips8th Norfolk3/7/2023 1 of 8
17	17	HOUSE DOCKET, NO. 1224 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2193
19	19	By Representatives Higgins of Leominster and Lewis of Framingham, a petition (accompanied
20	20	by bill, House, No. 2193) of Natalie M. Higgins, Jack Patrick Lewis and others relative to
21	21	expanding after-death options and the disposal of human bodies. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act expanding after-death care options.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 14 of chapter 38 of the General Laws, as appearing in the 2018
31	31	2Official Edition, is hereby amended by inserting after the word “cremation”, in lines 6, 7 and 9,
32	32	3in each instance, the following words:- , alkaline hydrolysis, natural organic reduction.
33	33	4 SECTION 2. Said section 14 of said chapter 38, as so appearing, is hereby further
34	34	5amended by inserting after the word “cremation”, in lines 10, 14 and 16, in each instance, the
35	35	6following words:- , alkaline hydrolysis or natural organic reduction.
36	36	7 SECTION 3. Section 14A of chapter 85 of the General Laws, as so appearing, is hereby
37	37	8amended by striking out, in line 26, the following word:- cremated.
38	38	9 SECTION 4. Section 202 of chapter 111 of the General Laws, as so appearing, is hereby
39	39	10amended by striking out, in line 43, the word “cremated” and inserting in place thereof the
40	40	11following words:- disposed of by cremation, alkaline hydrolysis or natural organic reduction. 2 of 8
41	41	12 SECTION 5. Said section 202 of said chapter 111, as so appearing, is hereby further
42	42	13amended by inserting after the word “entombment”, in line 55, the following words:-, alkaline
43	43	14hydrolysis, natural organic reduction.
44	44	15 SECTION 6. Section 82 of chapter 112 of the General Laws, as so appearing, is hereby
45	45	16amended by inserting after the word “cremation”, in line 10, the following words:- , alkaline
46	46	17hydrolysis, natural organic reduction.
47	47	18 SECTION 7. Section 83 of said chapter 112, as so appearing, is hereby amended by
48	48	19inserting after the word “cremation”, in line 40 the following words:- , alkaline hydrolysis,
49	49	20natural organic reduction.
50	50	21 SECTION 8. Section 83 of said chapter 112, as so appearing, is hereby further amended
51	51	22by inserting after the word “cremation”, in line 43 the following words:- alkaline hydrolysis,
52	52	23natural organic reduction.
53	53	24 SECTION 9. Section 4 of chapter 113 of the General Laws, as so appearing, is hereby
54	54	25amended by striking out, in line 9, the words “buried or cremated” and inserting in place thereof
55	55	26the following words:- disposed of by burial, cremation, alkaline hydrolysis or natural organic
56	56	27reduction.
57	57	28 SECTION 10. Section 14 of chapter 113A of the General Laws, as so appearing, is
58	58	29hereby amended by inserting after the word “burial”, in lines 49 and 50, in each instance, the
59	59	30following words:- , alkaline hydrolysis, natural organic reduction.
60	60	31 SECTION 11. Section 1 of chapter 114 of the General Laws, as appearing in the 2018
61	61	32Official Edition, is hereby amended by inserting after the introductory paragraph the definition:- 3 of 8
62	62	33 "Alkaline hydrolysis", the dissolution process which uses chemicals, heat, agitation,
63	63	34pressure or other methods to accelerate natural decomposition and reduces the composition of
64	64	35the body to inorganic bone fragments and a sterile solution.
65	65	36 SECTION 12. Said section 1 of said chapter 114, as so appearing, is hereby further
66	66	37amended by inserting after the definition of “Monument or memorial” the following definition:-
67	67	38 “Natural organic reduction", the contained, accelerated conversion of human remains to
68	68	39soil.
69	69	40 SECTION 13. Said section 1 of said chapter 114, as so appearing, is hereby further
70	70	41amended by striking out, in line 56, the following word:- cremated.
71	71	42 SECTION 14. Said chapter 114 is hereby amended by striking out section 6, as so
72	72	43appearing, and inserting in place thereof the following section:-
73	73	44 Section 6. Such corporation may conduct cremation, alkaline hydrolysis or natural
74	74	45organic reduction upon the bodies of the dead. Such corporation may provide necessary
75	75	46buildings and appliances therefor and for the disposition of the remains of the dead on any land
76	76	47within its cemetery which the department of environmental protection determines is suitable
77	77	48therefor, subject to the section 43D, and such buildings and appliances shall be a part of the
78	78	49cemetery and be dedicated to the burial of the dead, and shall be held by said corporations
79	79	50subject to the duties, and with the privileges and immunities, which they now have by law.
80	80	51 SECTION 15. Section 7 of said chapter 114, as appearing in the 2018 Official Edition, is
81	81	52hereby amended by inserting after the word “cremation”, in line 3, the following words:- ,
82	82	53alkaline hydrolysis or natural organic reduction. 4 of 8
83	83	54 SECTION 16. Section 9 of said chapter 114, as so appearing, is hereby amended by
84	84	55striking out, in lines 3 and 4, the words “of bodies of the dead and for the disposition of the
85	85	56ashes” and inserting in place thereof the following words:-, alkaline hydrolysis or natural organic
86	86	57reduction performed upon the bodies of the dead and for the disposition of the remains.
87	87	58 SECTION 17. Said section 9 of said chapter 114, as so appearing, is hereby further
88	88	59amended by inserting after the word “cremation”, in line 10, the following words:- , alkaline
89	89	60hydrolysis or natural organic reduction.
90	90	61 SECTION 18. Said chapter 114 is hereby amended by striking out section 43M, as so
91	91	62appearing, and inserting in place thereof the following section:-
92	92	63 Section 43M. Except as otherwise provided by law, or in case of a dead body being
93	93	64rightfully carried through or removed from the commonwealth for the purpose of burial or
94	94	65disposition elsewhere, every dead body of a human being dying within the commonwealth, and
95	95	66the remains of any body after dissection therein, shall be decently buried, entombed in a
96	96	67mausoleum, vault or tomb or disposed of by cremation, alkaline hydrolysis or natural organic
97	97	68reduction within a reasonable time after death. The permanent disposition of such bodies or
98	98	69remains shall be by interment in the earth or deposit in a chamber, vault or tomb of a cemetery
99	99	70owned, maintained and operated in accordance with the laws of this commonwealth, by deposit
100	100	71in a crypt of a mausoleum, or by cremation, alkaline hydrolysis or natural organic reduction. The
101	101	72remains of a human body after cremation, alkaline hydrolysis or natural organic reduction may
102	102	73be deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any
103	103	74manner not contrary to law. Notwithstanding any general or special law to the contrary, a
104	104	75funeral establishment in possession of the remains of a human body which is not claimed by a 5 of 8
105	105	76next-of-kin or duly authorized representative within 12 months after the date of cremation,
106	106	77alkaline hydrolysis or natural organic reduction may have the remains interred or placed in a
107	107	78common grave, niche or crypt in a cemetery, or scattered in an area of the cemetery designated
108	108	79for that purpose; provided, however, that if the deceased is a veteran of the United States Armed
109	109	80Forces the deceased shall be interred at a veterans' cemetery. Each cemetery and funeral
110	110	81establishment shall maintain permanent records of such disposition. There shall be no liability
111	111	82for a funeral establishment, cemetery or corporation described in section 6, or any employee or
112	112	83agent thereof that disposes of unclaimed remains in accordance with this section. Each
113	113	84municipality or cemetery corporation shall maintain records which identify the name, if known,
114	114	85of the dead human body or remains in each burial lot, tomb or vault under its control. No deposit
115	115	86of the bodies or remains of the human dead shall be made in a single chamber, vault or tomb
116	116	87wholly or partly above the natural surface of the ground unless the part thereof below such
117	117	88surface is of a permanent character, constructed of materials capable of withstanding extreme
118	118	89climatic conditions, waterproof and air tight, and capable of being sealed permanently to prevent
119	119	90all escape of effluvia, and unless the part thereof above the natural surface of the ground is
120	120	91constructed of natural stone of a standard not less than that required by the United States
121	121	92government for monuments erected in national cemeteries, of durability sufficient to withstand
122	122	93all conditions of weather.
123	123	94 Notwithstanding any general or special law to the contrary and for the purposes of this
124	124	95section, a board of health may serve as the duly authorized representative for the purpose of
125	125	96requesting cremation, alkaline hydrolysis or natural organic reduction of unclaimed remains by
126	126	97signing a form under the following circumstances: (i) the unclaimed remains shall be in a
127	127	98location that is within the jurisdiction of the board of health; (ii) the board of health has received 6 of 8
128	128	99notice from a licensed funeral director that either no person has come forward to claim the
129	129	100remains or that no person may legally claim the remains; provided, however, that the board of
130	130	101health shall wait 30 days after such notification under this clause prior to signing the form. The
131	131	102unclaimed remains shall then be viewed by a medical examiner or forensic investigator
132	132	103designated by the chief medical examiner pursuant to section 14 of chapter 38, who shall
133	133	104authorize the cremation, alkaline hydrolysis or natural organic reduction only when no further
134	134	105examination or judicial inquiry concerning the death is necessary. The office of the chief medical
135	135	106examiner may waive the fee set forth in said section 14 of said chapter 38 for cremation
136	136	107authorizations pursuant to this section. There shall be no liability for a board of health or an
137	137	108employee, agent, or licensee thereof that authorizes the disposal of unclaimed remains in
138	138	109accordance with this section. Nothing in this section shall supersede the obligations of the office
139	139	110of the chief medical examiner as set forth in this chapter and chapter 38.
140	140	111 SECTION 18. Said chapter 114 is hereby further amended by striking out section 44 and
141	141	112inserting in place thereof the following section:-
142	142	113 Section 44. Cremation, alkaline hydrolysis or natural organic reduction shall not be
143	143	114conducted upon the body of a deceased person within 48 hours after the person’s decease, unless
144	144	115the person died of a contagious or infectious disease. If the death occurred within the
145	145	116commonwealth, cremation, alkaline hydrolysis or natural organic reduction shall not be
146	146	117conducted upon the body by any corporation described in section 6 until the corporation’s
147	147	118officers have received (i) the certificate or burial permit required by law before burial; and (ii) a
148	148	119certificate from a medical examiner or similarly authorized person who has viewed the body and
149	149	120made personal inquiry into the cause and manner of death and is of opinion that no further
150	150	121examination or judicial inquiry concerning the same is necessary. If the death occurs without the 7 of 8
151	151	122commonwealth, the medical examiner's certificate may be provided by a medical examiner or
152	152	123similarly authorized person in whose jurisdiction the death occurred or the reception and
153	153	124cremation, alkaline hydrolysis or natural organic reduction of the body of a deceased person shall
154	154	125be governed by a by-law or regulation made or approved by the department of public health as
155	155	126provided in section 9.
156	156	127 SECTION 19. Section 44A of said chapter 114, as so appearing, is hereby amended by
157	157	128striking out, in line 1, the words “to be cremated” and inserting in place thereof the following
158	158	129words:- prior to cremation, alkaline hydrolysis or natural organic reduction.
159	159	130 SECTION 20. Said chapter 114 is hereby further amended by striking out section 47 and
160	160	131inserting in place thereof the following section:-
161	161	132 Section 47. No person having the care of a cemetery, burial ground, or crematory shall
162	162	133permit the burial, removal, alkaline hydrolysis, natural organic reduction or cremation of a
163	163	134human body until the permit for such burial, removal, alkaline hydrolysis, natural organic
164	164	135reduction or cremation has been delivered to him, nor permit the remains of a human body to be
165	165	136buried therein until there has been delivered to him a certificate that the burial permit and the
166	166	137certificate of the medical examiner prerequisite to the disposal of said body have been duly
167	167	138presented.
168	168	139 Upon the burial, removal, alkaline hydrolysis, natural organic reduction or cremation of a
169	169	140body, the superintendent or other officer in charge of the cemetery or crematory shall indorse
170	170	141upon the coupon accompanying the permit the fact of such burial, removal, alkaline hydrolysis,
171	171	142natural organic reduction or cremation, with the date thereof, shall make and preserve in the files
172	172	143of the cemetery or crematory a record of such burial, removal, alkaline hydrolysis, natural 8 of 8
173	173	144organic reduction or cremation, including any recital in the burial permit relative to service of the
174	174	145deceased as a veteran as defined in section 10 of chapter 46, and also the location of the grave or
175	175	146other receptacle of the body or remains of the deceased, and shall forthwith return the coupon to
176	176	147the office issuing the same; provided, that if there is no officer in charge of the cemetery or
177	177	148crematory, such duties shall be performed by the undertaker.