Bill Text: VA SB535 | 2014 | Regular Session | Prefiled
Bill Title: Dead human bodies; establishes a process for the disposition for unclaimed bodies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-16 - Incorporated by Education and Health [SB535 Detail]
Download: Virginia-2014-SB535-Prefiled.html
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14100297D Be it enacted by the General Assembly of Virginia: 1. That §§32.1-298, 32.1-299, 54.1-2807, and 54.1-2818.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 32.1 a chapter numbered 8.1, consisting of sections numbered 32.1-304.1 through 32.1-304.4, as follows: §32.1-298. Notification of Commissioner and delivery of bodies. Any person having charge or control of any dead human body §32.1-299. Distribution of bodies. A. The bodies received pursuant to § 1. First, to the medical schools in Virginia; 2. Second, equitably to the several colleges and schools of this Commonwealth authorized by law to teach health science and issue diplomas and such physicians and surgeons as the Commissioner may designate; 3. Third, to colleges and schools in other states and the District of Columbia authorized by law to teach health science and issue diplomas. B. Before any institution or individual may receive any body pursuant to this section, such institution or individual shall have given a bond to the Commonwealth in the penalty of $1,000 with condition that any body received shall be used only for scientific education and training in health and related subjects. Evidence of such bond shall be filed with the Commissioner. C. All expenses incurred in the distribution and delivery of bodies pursuant to this section shall be paid by those receiving the bodies in such amount as may be prescribed by the Commissioner. D. The Commissioner is authorized to employ carriers to effect
the distribution of dead human bodies pursuant to this section. Any carrier so
employed shall obtain a receipt by name §32.1-304.1. Identification of decedent, next of kin; disposition of claimed claimed dead body. A. As used in this chapter, "next of kin" has the same meaning assigned to it in §54.1-2800. In cases in which no person described in §54.1-2800 is willing or able to claim the body of the decedent, "next of kin" shall also include any person over 18 years of age who agrees to claim the body of the decedent and pay the cost of disposition of the body of the decedent. B. Upon the death of any person, the person or institution having initial custody of the dead body shall make good faith efforts to determine the identity of the decedent, if unknown, and to identify and notify the next of kin of the decedent regarding the decedent's death. If, upon notification of the death of the decedent, the next of kin of the decedent is willing and able to claim the body, the body may be claimed by the next of kin for disposition, and the claimant shall bear the expenses of such disposition. If the next of kin of the decedent is willing to claim the body but is unable to pay the reasonable costs of disposition of the body, the costs shall be borne (i) by the county or city in which the decedent resided at the time of death if the decedent was a resident of Virginia or (ii) by the county or city in which the death occurred if the decedent was not a resident of Virginia or the location of the decedent's residence cannot reasonably be determined. If the next of kin of the decedent fails or refuses to claim the body within 30 days of receiving notice of the death of the decedent, the body shall be disposed of in accordance with §32.1-304.2. C. If the person or institution having initial custody of the dead body is unable to determine the identity of the decedent or to identify and notify the next of the kin of the decedent regarding the decedent's death, the person or institution shall contact the primary law-enforcement agency for the locality, which shall make good faith efforts to determine the identity of the decedent and to identify and notify the next of kin of the decedent. If the identity of the decedent is known to the primary law-enforcement agency or the primary law-enforcement agency is able to identify the decedent, the local law-enforcement agency is able to identify and notify the next of kin of the decedent, and the next of kin of the decedent is willing and able to claim the body, the body may be claimed by the next of kin for disposition, and the claimant shall bear the expenses of such disposition. If the next of kin of the decedent is willing to claim the body but is unable to pay the reasonable costs of disposition of the body, the costs shall be borne (i) by the county or city in which the decedent resided at the time of death if the decedent was a resident of Virginia or (ii) by the county or city in which the death occurred if the decedent was not a resident of Virginia or the location of the decedent's residence cannot reasonably be determined. If the identity of the decedent is known or if the primary law-enforcement agency is able to determine the identity of the decedent but the primary law-enforcement agency is unable, despite good faith efforts, to identify and notify the decedent's next of kin or the primary law-enforcement agency is able to identify and notify the decedent's next of kin but the next of kin fails or refuses to claim the body within 30 days, the primary law-enforcement agency shall notify the person or institution having initial custody of the dead body and the body shall be disposed of in accordance with §32.1-304.2. D. In cases in which a dead body is claimed by the decedent's next of kin but the next of kin is unable to pay the reasonable costs of disposition of the body and the costs are paid by the county or city in which the decedent resided or in which the death occurred in accordance with this section, and the decedent has an estate out of which burial expenses may be paid, in whole or in part, such assets shall be seized for such purpose. E. No dead body that is the subject of an investigation pursuant to §32.1-283 shall be transferred for purposes of disposition until such investigation has been completed. F. Any sheriff or primary law enforcement officer, county, city, health care provider, or other person or institution who acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious intent. §32.1-304.2. Disposition of unclaimed dead body; how expenses paid. A. In any case in which (i) the primary law-enforcement agency is unable to identify and notify the next of kin of the decedent despite good faith efforts to do so or (ii) the next of kin of the decedent fails or refuses to claim the body within 30 days of receipt of notice of the decedent's death, the person or institution having initial custody of the body shall contact the attorney for the county or city in which the person or institution is located or, if there is no county or city attorney, the attorney for the Commonwealth and shall request an order authorizing the person or institution having initial custody of the dead body to transfer custody of the body to a funeral service establishment for final disposition. Upon entry of a final order for disposition of the dead body, the person or institution having initial custody of the body shall transfer the body to a funeral service establishment for disposition in accordance with the provisions of such order. Except as provided in subsection B or C, the reasonable expenses of disposition of the body shall be borne (i) by the county or city in which the decedent resided at the time of death if the decedent was a resident of Virginia or (ii) by the county or city where death occurred if the decedent was not a resident of Virginia or the location of the decedent's residence cannot reasonably be determined. However, no such expenses shall be paid by such county or city until allowed by an appropriate court in such county or city. If the decedent has an estate out of which burial expenses can be paid, either in whole or in part, such estate shall be taken for such purpose. B. In the case of a person who has been received into the state corrections system and died prior to his release, whose body is unclaimed, the Department of Corrections shall bear the reasonable expenses for cremation or other disposition of the body. In the case of a person who has been received into the state corrections system and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition, the expenses shall be borne by the county or city where the claimant resides. C. In the case of a person who has been committed to the custody of the Department of Behavioral Health and Developmental Services and died prior to his release, whose body is unclaimed, the Department of Behavioral Health and Developmental Services shall bear the reasonable expenses for cremation or other disposition of the body. In the case of a person who has been committed to the custody of the Department of Behavioral Health and Developmental Services and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition, the expenses shall be borne by the county or city where the claimant resides. D. Any person or institution having initial custody of a dead body may enter into an agreement with a local funeral service establishment whereby the funeral service establishment shall take possession of the dead body for the purpose of storing the dead body during such time as the person or institution having initial custody of the body or the primary local law-enforcement agency is engaged in identifying the decedent, attempting to identify and contact the next of kin of the decedent, and making arrangements for the final disposition of the body in accordance with this section, provided that at all times during which the funeral service establishment is providing storage of the body, the person or institution having initial custody of the dead body shall continue to have legal custody of the body. E. In cases in which a decedent whose remains are disposed of in accordance with this section has an estate out of which burial expenses may be paid, in whole or in part, such assets shall be seized for such purpose. F. No dead body that is the subject of an investigation pursuant to §32.1-283 shall be transferred for purposes of disposition until such investigation has been completed. G. Any sheriff or primary law enforcement officer, county, city, health care provider, or other person or institution who acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious intent §32.1-304.3. Cremations and burials at sea. No dead human body whose death occurred in Virginia shall be cremated or buried at sea, irrespective of the cause and manner of death, unless a medical examiner shall determine that there is no further need for medicolegal inquiry into the death and shall so certify upon a form supplied by the Chief Medical Examiner. For this service the medical examiner shall be entitled to a fee established by the Board, not to exceed the fee provided for in subsection D of §32.1-283, to be paid by the applicant for the certificate. §32.1-304.4. Determination of hazardous human remains. The Commissioner, in consultation with the Governor, shall have the authority to determine if human remains are hazardous to the public health. If the Commissioner determines that such remains are hazardous, the Commonwealth, with direction from the Commissioner, shall be charged with the safe handling, identification, and disposition of the remains and shall erect a memorial, as appropriate, at any disposition site. For the purposes of this section, "hazardous," with regard to human remains, means those remains contaminated with an infectious, radiologic, chemical, or other dangerous agent. §54.1-2807. Other prohibited activities. A. A person licensed for the practice of funeral service shall
not (i) remove or embalm a body when he has information indicating the death
was such that a medical examiner's investigation is required pursuant to §
32.1-283 or 32.1-285.1 or (ii) cremate or bury at sea a body until he has
obtained permission of the medical examiner as required by § B. Except as provided in § Any funeral service establishment violating this subsection shall not charge for any service delivered without the directions of the next of kin. However, in cases of accidental or violent death, the funeral service establishment may charge and be reimbursed for the removal of bodies and rendering necessary professional services until the next of kin or the persons liable for the funeral expenses have been notified. C. No company, corporation or association engaged in the business of paying or providing for the payment of the expenses for the care of the remains of deceased certificate holders or members or engaged in providing life insurance when the contract might or could give rise to an obligation to care for the remains of the insured shall contract to pay or pay any benefits to any licensee of the Board or other individual in a manner which could restrict the freedom of choice of the representative or next of kin of a decedent in procuring necessary and proper services and supplies for the care of the remains of the decedent. D. No person licensed for the practice of funeral service or preneed funeral planning or any of his agents shall interfere with the freedom of choice of the general public in the choice of persons or establishments for the care of human remains or of preneed funeral planning or preneed funeral contracts. E. This section shall not be construed to apply to the authority of any administrator, executor, trustee or other person having a fiduciary relationship with the decedent. §54.1-2818.1. Prerequisites for cremation. No dead human body shall be cremated without permission of the
medical examiner as required by § 2. That §§32.1-284, 32.1-288, and 32.1-288.1 of the Code of Virginia are repealed. 3. That an emergency exists and this act is in force from its passage. |
