R9-9B-403. Administration

A. A licensee of a crematory shall designate in writing a responsible cremationist for the crematory who: 1. Is licensed under Article 2 of this Subchapter for the method of cremation provided by the crematory; 2. Is responsible for the day-to-day operations of the crematory, including: a. Supervision of the services provided, and b. Ensuring compliance with the crematory’s policies and procedures; 3. Manages staffing and oversees personnel decisions; and 4. Ensures that the crematory complies with the requirements in A.R.S. Title 32, Chapter 12, and the rules in this Subchapter. B. A licensee shall ensure that policies and procedures are developed, documented, and implemented, consistent with the requirements in A.R.S. Title 32, Chapter 12, and the rules in this Subchapter, that cover: 1. Employees and other personnel, including: a. Job descriptions, duties, and qualifications, including required skills and knowledge for cremationists; b. Orientation, training, and in-service education for employees; and c. Supervision; 2. Persons providing contracted services to ensure that: a. Persons providing contracted services have the required skills and knowledge, and b. Contracted services are provided according to the requirements in this Article; 3. The posting of professional licenses, issued under Article 2 of this Subchapter, for all applicable individuals employed by or contracted with the crematory to provide cremation; 4. Compliance with requirements in A.R.S. § 32- 1365(A)(11); 5. Compliance with applicable requirements in R9-9B- 405(B) and (D) to ensure workplace health and safety; 6. Compliance with applicable requirements related to the disposition of human remains in A.R.S Title 36, Chapter 7; 7. Compliance with applicable requirements related to communicable diseases in A.R.S. § 36-621 and A.A.C. R9-6- 102; 8. Who can access areas of the crematory in which human remains or cremated remains are prepared or kept, according to R9-9B-405(I)(1); 9. The security and accuracy of the log of cremations in subsection (G), including: a. The method by which the log of cremations, whether in electronic or paper format, is stored to prevent unauthorized access; b. The method by which authorized individuals can access the log of cremations at the crematory to ensure timely entry into the log of cremations; and c. Who is authorized to access or enter information into the log of cremations to ensure the accuracy and confidentiality of the information in the log of cremations; 10. Cleaning and sanitation of the crematory, in compliance with applicable requirements in R9-9B-406 and applicable requirements related to health menaces in A.R.S. § 36-601 et seq.; 11. Maintenance of equipment used to conduct the cremation of human remains and the processing of cremated remains; 12. The following, related to a refrigerated holding area for human remains: a. Monitoring of the functioning and temperature of the refrigerated holding area to ensure the condition, dignity, and security of human remains in the refrigerated holding area; and b. The transfer of human remains kept in the refrigerated holding area if the functioning or temperature of the refrigerated area endangers the condition, dignity, or security of human remains in the refrigerated holding area; and 13. Advertising about services and their prices offered by the crematory to funeral establishments or other applicable businesses contacting the crematory to ensure the advertising: a. Is clear and accurate; and b. Complies with the requirements in A.R.S. Title 32, Chapter 12. C. A licensee shall ensure that policies and procedures are developed, documented, and implemented, consistent with the requirements in A.R.S. Title 32, Chapter 12, and the rules in this Subchapter, to ensure that: 1. The identity of human remains or cremated remains is recorded and tracked at all times while the human remains or cremated remains are in the custody of the crematory; 2. The condition, dignity, and security of human remains and cremated remains in the custody of the crematory are maintained and any concerns about the condition of human remains are documented; 3. Cremation services are conducted according to the requests made through a funeral establishment by the deceased individual’s family, including considerations for religious or cultural beliefs; 4. No photographs or recordings of the deceased individual or the deceased individual’s family are made, except, if applicable, as part of the crematory’s electronic video security monitoring system, without the express permission of the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; 5. Information about the deceased individual, the deceased individual’s family, or financial matters obtained from a funeral establishment during the course of providing services to the deceased individual’s family is maintained in a confidential manner; and 6. Cremation and the processing of cremated remains are conducted according to applicable requirements in R9- 9B-405 and, as applicable, R9-9B-407, R9-9B-408, or R9-9B-409. D. A licensee shall ensure that: 1. Policies and procedures are reviewed at least once every three years and updated as needed; 2. Policies and procedures are available to employees and, as applicable, contracted individuals; and 3. Documentation required by this Article is provided to the Department: a. If requested by the Department during an inspection, within two hours after a Department request and before the end of the inspection; and b. If requested by email, written correspondence, or telephone, by midnight of the next calendar day, unless a longer period is specified by the Department. E. A licensee shall ensure that the professional licenses, issued under Article 2 of this Subchapter, for all applicable individuals employed by or contracted with the crematory to provide cremation services are: 1. Current and valid, and 2. Posted in a conspicuous location that may be viewed by an individual entering the crematory. F. A licensee shall ensure that one of the following, as applicable, is posted in a conspicuous location that may be viewed by an individual entering the crematory: 1. The current and valid license issued to the crematory under this Article, or 2. A valid interim permit issued under R9-9B-401. G. A licensee shall ensure that a written, permanent, chronological log of cremations is established and maintained, and is available on-site, which is specific to the method of cremation and contains: 1. The name and applicable license number of the crematory; 2. The name and license number of the responsible cremationist; 3. The method of cremation to which the information on the log of cremations pertains; and 4. For each deceased individual whose human remains were received by the crematory for cremation by the method of cremation specified according to subsection (G)(3), the following information, each in a separate row or column: a. The name of the deceased individual; b. An identifying number for the deceased individual; c. The date the deceased individual’s human remains were received at the crematory; d. Whether the authorization for cremation according to A.R.S. § 32-1365.01 or 32-1365.02, as applicable, was received; e. Whether the disposition-transit permit according to A.R.S. § 36-326 and A.A.C. R9-19-308 was received; f. The type of receptacle in which the human remains were received at the crematory; g. Unless the human remains were returned to a funeral establishment before cremation: i. The date and time of the cremation; ii. Except as provided in R9-9B-409(D)(3)(c), the printed name and signature of the cremationist who performed the cremation; iii. Except as provided in subsection (G)(4)(g)(iv) or (vii), the name of the funeral establishment providing funeral and disposition arrangements to which custody of the cremated remains was transferred; iv. If custody of the cremated remains was transferred to a person other than the funeral establishment providing funeral and disposition arrangements, the name of the person to which custody of the cremated remains was transferred and the person’s relationship to the deceased individual; v. The name of the individual receiving the cremated remains on behalf of the funeral establishment in subsection (G)(4)(g)(iii) or the person in subsection (G)(4)(g)(iv); vi. The date and time of transfer of custody of the cremated remains; and vii. If custody of the cremated remains were not transferred to a funeral establishment or the individual authorized according to A.R.S. § 36- 831 to provide funeral and disposition arrangements, the method of disposition and the date and time of the disposition; and h. If the human remains were returned to a funeral establishment before cremation, the date and time the human remains were picked up and the name of the individual who picked up the human remains. H. If a deceased individual’s human remains, which had been returned to a funeral establishment before cremation, are transferred back to the crematory, a responsible cremationist shall ensure that a new entry is made for the deceased individual in the log of cremations in subsection (G). I. A licensee shall ensure that: 1. The log of cremations in subsection (G) is retained for at least five years after the last date of cremation on the chronological log; and 2. For each deceased individual on the log of cremations in subsection (G) and cremated by the crematory, the following records are maintained for at least five years after the date of the cremation: a. The name and address of the deceased individual; b. The date of death of the deceased individual; c. The name, address, and license number of the funeral establishment that arranged for the cremation; d. Documentation related to authorization for cremation according to A.R.S. § 32-1365.01 or 32- 1365.02, as applicable, received from the funeral establishment transferring custody of the deceased individual’s human remains to the crematory; and e. A copy of the completed disposition-transit permit that meets the requirements in A.R.S. § 36-326 and A.A.C. R9-19-308, specifying cremation as a final disposition.