CREMATORY OR CHEMICAL DISPOSITION FACILITY

  Section 1. Permit Required. Any licensed funeral service practitioner, funeral director, firm, association, or corporation before operating a crematory or chemical disposition facility in Wyoming shall apply for and receive a permit from the Board. The permit shall be displayed in a conspicuous place on the premises of the crematory or chemical disposition facility.

  Section 2. Qualifications for Permit. An applicant for a permit to operate a crematory or chemical disposition facility in Wyoming shall:

  (a) Be a licensed funeral service practitioner or funeral director who is a shareholder or officer in or is directly employed by a permitted funeral establishment. If the applicant is an organization, it shall be a funeral establishment permitted by the board that employs at least one (1) licensed funeral service practitioner assigned as the funeral service licensee responsible for the crematory or chemical disposition facility.

  (b) Hold a chemical disposer license if applying for a chemical disposition facility permit. A licensed funeral service practitioner may obtain a chemical disposer license by submitting the following:

    (i) A complete and notarized official application form accompanied by the application fee; and

    (ii) Evidence of training that demonstrates that:

      (A) The applicant has completed training in performing cremation services and received a certification by a reputable organization approved by the Board;

      (B) The applicant has completed training in performing chemical disposition services and received a certification by a reputable organization approved by the Board.

      (C) All individuals holding a funeral service practitioner license as of July 1, 2014 who are not certified to operate a crematory or dissolution chamber shall have one year to obtain certification.

      (D) New licensees shall be certified prior to being allowed to operate a crematory or dissolution chamber.

  Section 3. Application Procedures. An applicant for a crematory or chemical disposition facility permit shall submit the following:

  (a) A complete and notarized application that includes:

    (i) The name of licensed funeral service practitioner responsible for the crematory or chemical disposition facility; and

    (ii) The location of the crematory or chemical disposition facility;

  (b) Application fee; and

  (c) An inspection report completed and signed by the Board or its designee.

  Section 4. Crematory or Chemical Disposition Facility. The funeral service practitioner or funeral director listed on the crematory or chemical disposition permit is responsible for the maintenance, employee training, and safe operation of cremator or chemical disposition equipment used in cremations or chemical disposition.

  (a) All crematory or chemical disposition facilities shall be kept and maintained in a clean and sanitary condition and all appliances used in the preparation for cremation or chemical disposition of dead human bodies shall be thoroughly cleaned after each use.

  (b) When the crematory or chemical disposition facility is unable to cremate or dissolve the human remains immediately upon taking custody, the human remains shall be placed in a holding area which shall be marked "Private" or "Authorized Personnel Only."

  (c) If the human remains are not embalmed, they shall not be held longer than twenty-four (24) hours from the time of possession to cremation or chemical disposition without refrigeration.

  (d) A crematory or chemical disposition facility shall be inspected by the Board or its designee during business hours at least once each year.

  Section 5. Cremation Casket/Container.

  (a) The crematory facility, at its discretion, has the right to remove noncombustible materials such as handles or rails from caskets or containers prior to cremation and to discard them with similar materials from other cremations and other refuse in a non-recoverable manner.  Materials at the facility shall be placed in a storage area not available to the public view.

  Section 6. Chemical Disposition Facility. Chemical disposition facilities using alkaline hydrolysis for chemical disposition must comply with the following requirements:

  (a) The licensed funeral service practitioner or funeral director shall use a purpose- built vessel as a dissolution chamber.

  (b) Chemical disposition systems which operate above atmospheric pressure shall use an American Society of Mechanical Engineers (ASME) certified pressure vessel as a dissolution chamber.

  (c) The chemical disposition system shall use parameters of heat, time, and solution circulation sufficient to achieve complete dissolution of all tissue remains.

  (d) The licensed funeral service practitioner or funeral director shall ensure that the discharge liquid that is a byproduct of the chemical disposition process meets the facility's sewage collection and treatment facility requirements regarding acceptable temperature and pH level.

  Section 7. Cremation or Chemical Disposal of Human Remains. The funeral service practitioner or other person having charge of the preparation of the human remains for burial or the last rites and committal services shall have the right to be present, either in person or by his employees, at any stage of the cremation or chemical disposition of the human remains.  Unauthorized persons may not be permitted in the retort area while any human remains are awaiting cremation or chemical disposition, in the process of cremation or chemical disposition, or being removed from the cremation or dissolution chamber.

  (a) No crematorium or chemical disposition facility shall accept human remains for cremation or chemical disposition until it has received a burial-transit permit required by law and an authorization for cremation or chemical disposition signed by the nearest legal next of kin.

  (b) Upon completing the cremation or chemical disposition process, all residual of the cremation or chemical disposition process shall be removed from the cremation or dissolution chamber and the chamber swept clean. The residual remains shall be placed in a container or tray in such a way that will ensure against commingling with other cremated or chemically processed remains. The identifier shall be attached to the container or tray to await final processing. All residual of the cremation or chemical disposition process shall undergo final processing.

  (c) Should the cremated or chemically processed remains not adequately fill the container's interior dimensions, the extra space may be filled with packing material that will not become intermingled with the cremated or chemically processed remains and then securely closed.

  (d) The outside of the container used to return the cremated or chemically processed remains shall be clearly identified with the name of the deceased person whose cremated or chemically processed remains are contained therein.

  (e) If the cremated or chemically processed remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent must be packed securely in a suitable, sturdy, pressure resistant, and properly sealed container.

  (f) Cremated or chemically processed remains may be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting the delivery.

  Section 8. Identification. The licensed funeral service practitioner is responsible for the identification of cremated or chemically processed remains. A crematory or chemical disposition facility shall not accept unidentified human remains.

  (a) The licensed funeral service practitioner shall attach an identifying metal disc to each receptacle containing human remains. When human remains are to be cremated or chemically processed, the disc shall be secured to the top of the head end of the casket or alternate container, or, when no receptacle is used, to the human remains.

  (b) The identifying metal disc shall accompany the human remains through the cremation or chemical disposition process.

  (c) The identifying metal disc shall be held on the inside of the cremator or dissolution chamber until the body of the deceased is cremated or chemically processed and the cremated or chemically processed remains are placed in a container as directed by these rules and applicable law. The disc shall then be placed inside the urn or, in the case of a temporary urn, on the outside of the temporary urn.

  (d) The identifying metal disc shall be properly secured to a receptacle containing cremated or chemically processed remains.

  Section 9. Removal of Human Remains. Human remains delivered to a crematorium or chemical disposition facility shall not be removed from the casket or other container without the written authorization of the person giving the consent to or requesting the cremation or chemical disposition of the human remains.

  Section 10. Records of Crematories or Chemical Disposition Facilities. Upon the receipt of human remains for cremation or chemical disposition, the crematory or chemical disposition facility shall deliver to the funeral service practitioner or his agent who delivers the human remains to the crematory or chemical disposition facility a receipt showing the date of delivery, name and signature of the funeral service practitioner from whom the human remains are received, and the name of the deceased. Each crematory or chemical disposition facility shall maintain a record of each cremation or chemical disposition of human remains disclosing the name of the person cremated or chemically processed, the name of the person authorizing the cremation or chemical disposition, the date the human remains were received, the date the cremation or chemical disposition was performed and such other information as the Board may require. The record shall be kept at the crematory or chemical disposition facility for inspection by the Board which may also require copies thereof to be filed with it containing the information necessary for the use of the Board.

  Section 11. Prohibitions.

  (a) Removing or possessing dental gold or dental silver from deceased persons is prohibited.

  (b) Human remains may not be cremated with a pacemaker or other potentially hazardous implant, including any toxic or explosive-type sealed implants, in place. The authorizing agent is responsible for disclosing the existence of any pacemakers or other hazardous implants. Medical devices and implants may be recovered for recycling at the conclusion of the chemical disposition process.

  (c) The unauthorized, simultaneous cremation or chemical disposition of human remains of more than one (1) person within the same cremation or dissolution chamber is prohibited unless the crematory or chemical disposition facility has received express written authorization from all appropriate authorizing agents for the human remains to be cremated or chemically processed simultaneously. A written authorization exempts the crematory or chemical disposition facility from liability for commingling of the product of the cremation or chemical disposition process provided the authorization is complied with.

  (d) No licensed funeral service practitioner may refuse to release cremated or chemically processed remains to the authorized agent.

  (e) It is prohibited to cremate or chemically process fetuses, limbs, and body parts from private or public health agencies, medical doctors, or colleges and universities without appropriate permits and releases. Copies of such permits and releases shall remain with the crematory or chemical disposition facility.

  (f) Cremation or chemical disposition of animals or pets of any type, is strictly forbidden in a crematory or chemical disposition facility designed for the cremation or chemical disposition of human remains.