65-1760. Definitions. As used in this act, unless the context clearly shows otherwise:
(a) "Alternative container" means a receptacle, other than a casket, in which dead human bodies are transported to the crematory and placed in the cremation chamber for cremation. An alternative container shall be (1) composed of readily combustible or consumable materials suitable for cremation, (2) able to be closed in order to provide a complete covering for the dead human bodies, (3) resistant to leakage or spillage, (4) rigid enough for handling with ease, and (5) able to provide protection for the health, safety and personal integrity of crematory personnel.
(b) "Authorizing agent" means a person legally entitled to authorize the cremation and final disposition of specific dead human bodies as defined in K.S.A. 65-1734, and amendments thereto.
(c) "Board" means the state board of mortuary arts.
(d) "Cremated remains" means all human remains recovered after the completion of the cremation of a dead human body, which may possibly include the residue of any foreign matter including casket material, bridgework or eyeglasses, that was cremated with the dead human body.
(e) "Cremation" means the mechanical and/or other dissolution process that reduces human remains to bone fragments. Cremation includes the processing and usually includes the pulverization of the bone fragments.
(f) "Cremation chamber" means the enclosed space within which the cremation of a dead human body is performed. Such chambers shall be used exclusively for the cremation of human remains.
(g) "Crematory" means a business premises that houses the cremation chamber and holding facility where dead human bodies are cremated. A crematory shall be maintained at a fixed and specific street address.
(h) "Crematory operator" means a person who is engaged in, conducting or holding oneself out as engaged in or conducting, the business of cremation.
(i) "Crematory operator in charge" means the licensed crematory operator who is responsible to ensure that the crematory's license is current and that the licensed crematory is in compliance with the laws and regulations of this state. Nothing in this definition shall relieve other persons involved with a cremation from complying with state and federal laws and regulations.
(j) "Dead human body" means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred.
(k) "Funeral director" means a person who holds a current license as a funeral director issued by the board.
(l) "Funeral establishment" means a funeral establishment or branch establishment as licensed by the board.
(m) "Holding facility" means an area within or adjacent to a licensed crematory designated for the retention of dead human bodies prior to the act of cremation that shall:
(1) Comply with any applicable public health statute, regulation or ordinance;
(2) preserve the dignity of the dead human body;
(3) recognize the integrity, health and safety of the crematory's personnel operating the crematory; and
(4) be secure from access by anyone other than authorized personnel.
(n) "Potentially hazardous implant" means any device previously placed within the now deceased human body that would result in potential harm or damage at any time during the cremation process.
(o) "Temporary container" means a receptacle for cremated remains, usually composed of cardboard, plastic or similar material, that can be closed in a manner that prevents the leakage or spillage of the cremated remains or the entrance of foreign material, and is a single container of sufficient size to hold the cremated remains.
(p) "Urn" means a receptacle designed to encase the cremated remains.
History: L. 2001, ch. 183, § 1; L. 2010, ch. 131, § 8; July 1, 2011.
Structure Kansas Statutes
Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments
65-1701 License; application, issuance; registration and display.
65-1701a Educational requirements; registration and examination, fees; apprenticeship.
65-1701b Reciprocal licenses; fees.
65-1702a Temporary embalming permits for certain purposes; conditions and limitations.
65-1703 Unlicensed persons; unlawful acts; student and apprentice embalmers; definitions.
65-1705 Penalties for violations.
65-1706 Use of bodies by school for teaching embalming.
65-1707 Penalty for embalming without permission of coroner, when.
65-1710 Questions used for examination.
65-1713 Funeral director defined; business name.
65-1713a Funeral establishment defined; branch establishments; prearranged funeral agreements.
65-1713b Funeral service or interment, who in charge of.
65-1715 Same; examination fee.
65-1718 Disposition of moneys; mortuary arts fee fund.
65-1721 Qualifications; persons from other states; examination.
65-1723 Powers of state board of mortuary arts; fees and expenses.
65-1725 Severability of 1935 act.
65-1725a Severability of 1941 act.
65-1726 Penalties for violations.
65-1727 Fees; fixed by rules and regulations; notice to licensee; licensure by endorsement.
65-1728 Eye enucleation; embalmers and other persons; certificate of competence; liability.
65-1730 Rules and regulations.
65-1731 Failure, neglect or refusal to pay fee classified as class B misdemeanor.
65-1752 Solicitation of clients; prohibitions.
65-1753 Dead human bodies; removal and delivery.
65-1761 Licensure of crematory; requirements of crematory and holding facility.
65-1765 Failure to remove pacemaker or hazardous implants; liability for damage.
65-1766 Rules and regulations; policies; licensure, revocation, suspension or denial of; penalty.
65-1767 Conflicting Kansas laws; precedence of this act.
65-1768 Licensure; fees; expiration of license; exemption from licensure; unlawful operation.
65-1770 Cremations; conducted by whom and where.
65-1771 Licensure of crematory operator; application; qualifications.
65-1772 Same; renewal; reinstatement; rules and regulations.