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