If a decedent's agent informs the funeral establishment on the cremation authorization form of the presence of a pacemaker in the human remains, the funeral establishment must ensure that all necessary steps have been taken to remove the pacemaker before delivering the human remains to the crematory authority. If the funeral establishment who delivers the human remains to the crematory knows of the presence of a pacemaker in the human remains and fails to ensure that the pacemaker has been removed before delivery and if the remains are cremated with the pacemaker, the funeral establishment who delivered the human remains to the crematory and who knew of the presence of the pacemaker is liable for all resulting damages.
HISTORY: 1994 Act No. 435, Section 1.
Structure South Carolina Code of Laws
Title 32 - Contracts and Agents
Chapter 8 - Cremation Authorizations And Procedures
Section 32-8-300. Short title.
Section 32-8-305. Definitions.
Section 32-8-310. Crematory; compliance with local zoning regulations.
Section 32-8-315. Execution of a cremation authorization form.
Section 32-8-320. Persons who may serve as a decedent's agent; authorize cremation.
Section 32-8-325. Prerequisites; authority; and receipt of instructions for cremation.
Section 32-8-330. Crematory to retain permanent records.
Section 32-8-335. "Alternative container".
Section 32-8-340. Conditions for cremation, time period prior to cremation.
Section 32-8-350. Crematory's liability for damages.
Section 32-8-355. Human remains; presence of pacemaker.
Section 32-8-365. Solicitation.
Section 32-8-370. Comprehensive cremation statute.
Section 32-8-375. Continuing education courses for removal and disposition of pacemakers.
Section 32-8-380. Promulgate regulations.
Section 32-8-385. Requirement for at least one trained individual in performing cremations.