§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement
organizations, and individuals appointed to arrange for the disposition of the principal’s
remains
(a) An individual appointed to arrange for the disposition of the principal’s remains
shall make those decisions based upon the principal’s specific instructions contained
in an advance directive or pre-need contract entered into with a funeral director,
crematory operator, or cemetery official, or, if there are no such instructions, in
accordance with the principal’s wishes expressed orally or the knowledge of the agent
or guardian of the principal’s values or religious or moral beliefs.
(b) Any funeral director, crematory operator, or cemetery official having knowledge of
a principal’s advance directive shall follow the advance directive and any instructions
of the individual appointed in an advance directive to arrange for the disposition
of the principal’s remains, except:
(1) if any instruction would cause the director, operator, or official to violate the
standards of professional conduct required by a professional licensing board or agency
or any criminal law, the director, operator, or official shall notify the individual
appointed that the director, operator, or official cannot follow the instruction;
or
(2) if the principal’s estate is without sufficient funds to dispose of the remains or
provide funeral goods and services in accordance with the advance directive, the disposition
shall occur in a manner approximating the principal’s wishes to the extent it is financially
possible.
(c) Any procurement organization having knowledge of a principal’s advance directive shall
follow the advance directive and any instructions of the individual appointed in the
advance directive to arrange for the recovery of the principal’s anatomical gifts
unless the procurement organization determines such gifts are unsuitable for the purposes
for which they are made or if recovery of such gifts would cause the procurement organization
to violate standards of professional conduct or any applicable regulation or law.
(d) Every funeral director, crematory operator, cemetery official, and procurement organization
shall develop systems:
(1) to ensure that a principal’s advance directive is promptly available when services
are to be provided, including that the existence of an advance directive is prominently
noted on any file jacket or folder, and that a note is entered into any electronic
database of the director, operator, official, or organization; and
(2) within 120 days after the Commissioner’s announcing the availability of the registry,
to ensure that the director, operator, official, or organization checks the registry
at the time services are to be provided to determine whether the decedent has an advance
directive.
(e) In the event the principal’s instructions in an advance directive regarding disposition
of remains or for funeral goods and services are in apparent conflict with a contract
entered into by the principal for the disposition of remains, funeral goods, or services,
the most recent document created by the principal shall be followed to the extent
of the conflict. Nothing in this subsection shall be construed as limiting any other
available remedies. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 335; 2023, No. 6, § 246, eff. July 1, 2023.)