R9-9B-405. General Operational Requirements for Cremation

A. A licensee shall ensure that: 1. Cremation is provided in compliance with an agreement between the crematory and a funeral establishment; and 2. The crematory does not: a. Provide any services other than cremation; b. Cremate the human remains of a deceased individual without receiving a copy of the authorization for cremation obtained according to R9-9B-306(E)(5)(e) or R9-9B-307(D)(3)(c), as required by A.R.S. § 32- 1365.02 and A.R.S. § 32-1365.01 respectively; c. Use a retort for any purpose other than the cremation of human remains; d. Cremate the human remains of more than one deceased individual at the same time in the same retort without the express written authorization of the individual authorized according to A.R.S. § 36- 831 to provide funeral and disposition arrangements; or e. Except as specified in subsections (H)(5) and (6), retain any part of the cremated remains of a deceased individual, including visible residue from a retort, processor, or other equipment. B. A licensee shall ensure that the crematory does not accept: 1. A casket or other container, the contents of which are unidentified; 2. A casket or other container that has evidence of leakage of body fluids from the human remains; or 3. Human remains that are not appropriate, based on information received by a funeral establishment according to R9-9B-306(E)(5)(b), for the method of cremation provided by the crematory. C. A licensee shall ensure that: 1. Any accumulated residual human remains or cremated remains, resulting from the preparation, cremation, or processing of the human remains or cremated remains, that are in the custody of the crematory are disposed of in a cemetery in accordance with the requirements of the cemetery and any applicable local ordinances; 2. For cremated remains that are in the custody of the crematory according to subsection (H)(2)(c): a. The cremated remains are transferred into the custody of: i. The funeral establishment providing funeral and disposition arrangements for the deceased individual for the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; or ii. A different recipient that has been designated by the deceased individual, according to A.R.S. § 32-1365.01, or the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; and b. If the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements or the designated recipient does not take custody of the cremated remains as specified in funeral and disposition arrangements within thirty calendar days after cremation or on an agreed date: i. The individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements is notified in writing of the need to take custody of the cremated remains; and ii. The crematory retains the cremated remains for at least ninety calendar days after the notification in subsection (C)(2)(b)(i) before disposing of the cremated remains in a cemetery in accordance with the requirements of the cemetery and any applicable local ordinances or in any other legal manner; and 3. For cremated remains that are in the custody of the crematory according to subsection (H)(3), the cremated remains are returned according to subsection (C)(2) or disposed of: a. If applicable, according to instructions of the deceased individual, according to A.R.S. § 32- 1365.01, or the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; or b. In a cemetery in accordance with the requirements of the cemetery and any applicable local ordinances or in any other legal manner. D. A responsible cremationist shall ensure that 1. Any chemicals or other materials used as part of the cremation process are stored, used, and disposed of according to policies and procedures and in a manner to ensure workplace safety and compliance with any applicable requirements of the Arizona Department of Environmental Quality or a local environmental health agency; 2. Any device implanted in the body of the deceased individual or any material generated as part of the cremation process is disposed of according to policies and procedures and in a manner to ensure workplace safety and compliance with any applicable requirements of the Department, the Arizona Department of Environmental Quality, or a local environmental health agency; and 3. All employees of the crematory and any other individuals who handle the human remains or cremated remains of deceased individuals in or on behalf of the crematory: a. Use universal precautions; b. Are provided with personal protective equipment, consistent with the method of cremation provided by the crematory; c. Receive training on: i. The handling of potentially infectious human remains and, if applicable for the method of cremation provided by the crematory, cremated remains; ii. The handling of implanted radioactive devices; iii. The use of the personal protective equipment required in subsection (D)(3)(b); iv. The safe use of a retort and other equipment used during the cremation process; and v. If applicable, the safe storage, use, and disposal of any chemicals or other materials used as part of the cremation process; and d. Follow policies and procedures to ensure workplace health and safety. E. When human remains of a deceased individual are received by a crematory, a responsible cremationist shall ensure that: 1. The identity of the deceased individual is verified according to policies and procedures; 2. An identifying number is assigned to the human remains; 3. An entry is made in the log of cremations in R9-9B- 403(G); and 4. A metal cremation disc, containing the identifying number in subsection (E)(2), is placed with the human remains to allow the identity of the human remains to be determined from the time of receipt of the human remains, throughout the cremation process, and until custody of the cremated remains is transferred to another person. F. A responsible cremationist shall ensure that: 1. The human remains of a deceased individual are not removed from the container in which the human remains were received by the crematory without the express written authorization of the individual authorized according to A.R.S. § 36-831 to provide funeral and disposition arrangements; 2. A casket or other container of human remains is not opened except in the presence of: a. The responsible cremationist; or b. A funeral director or embalmer, licensed under Article 2 of this Subchapter, with the permission of the responsible cremationist; 3. If human remains received by the crematory are not immediately cremated: a. The human remains are placed in a secure area according to R9-9B-406(C)(1)(a); and b. If the human remains are not embalmed, the human remains are held in a refrigerated area required in R9-9B-406(C)(1)(e); 4. The identifying metal cremation disc in subsection (E)(4) is placed with the human remains of a deceased individual during cremation; and 5. The human remains of a deceased individual are cremated according to the policies and procedures in R9-9B- 403(C). G. If, after accepting the human remains of a deceased individual for cremation, employees of a crematory discover that the human remains need to be transported to another location, a responsible cremationist shall ensure that: 1. The person transporting the human remains complies with applicable requirements in this Subchapter; and 2. If appropriate, any device implanted in the body of the deceased individual is removed from the deceased individual’s body, according to requirements in R9-9B- 306(J), before cremation takes place. H. After the human remains of a deceased individual have been cremated, a responsible cremationist shall ensure that: 1. Information about the cremation of the deceased individual is entered into the log of cremations in R9-9B-403(G) during the same day as the step of the cremation process or, if applicable, stage of cremation according to R9-9B- 409, was completed; 2. The cremated remains: a. Are processed according to the policies and procedures in R9-9B-403(C); b. Except as specified according to subsection (A)(2)(d), are not combined with cremated remains from another deceased individual; and c. Except as specified in subsection (H)(3), are placed in a temporary container or urn with: i. If necessary, clean packing material that will not combine with the cremated remains filling any extra space; ii. The lid or top of each temporary container or urn securely closed; and iii. The metal cremation disc in subsection (E)(4) attached to the temporary container or urn in subsection (H)(2)(c) and another method of identification attached to any separate container in subsection (H)(3); 3. Any cremated remains that do not fit in the temporary container or urn in subsection (H)(2)(c) are placed in a separate container and returned or disposed of by the crematory according to subsection (C)(3); 4. All body prostheses, bridgework, or similar items are removed from the cremated remains during processing and: a. Disposed of by the crematory according to policies and procedures in R9-9B-403(C); or b. Transferred according to instructions from the funeral establishment from which the human remains of the deceased individual were received by the crematory, consistent with alternative disposition instructions specified according to R9-9B- 306(E)(5)(b)(ii); 5. Except as allowed in subsection (A)(2)(d), a retort is cleaned of the visible residue of a cremation according to policies and procedures before the human remains of another deceased individual are placed in the retort; and 6. Except as allowed in subsection (A)(2)(d), a device for processing cremated remains is cleaned of the visible residue of the cremated remains of one deceased individual according to policies and procedures before the cremated remains of another individual are placed in the device. I. A responsible cremationist shall ensure that: 1. Access to the areas of the crematory where human remains or cremated remains are prepared or kept, or where equipment or supplies used to cremate human remains or to process cremated remains are located is limited to individuals authorized by the responsible cremationist, according to policies and procedures, unless the individual is supervised by an employee of the crematory who is authorized to access the area; and 2. Only individuals authorized according to policies and procedures enter information into the log of cremations in R9-9B-403(G).