SB469.html

To regulate certain practices relating to identification, handling, and disposition of dead bodies; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain provisions relating to furnishing copies of health records to patients or providers; to prohibit and punish certain throwing away or abandonment of dead bodies; to provide for exception; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change certain provisions relating to definitions; to change certain provisions relating to identification of bodies of deceased persons; to change certain provisions relating to crematories; to change certain provisions relating to suspension or revocation of licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new Code section to read as follows:
"31-21-44.2.
(a)(1) Any person who throws away or abandons any dead human body or portion of such dead body shall commit the offense of abandonment of a dead body.
(2) It shall not be an offense under this subsection to make final disposition of a dead human body or portion of such dead body under a death certificate issued under Chapter 10 of this title or the law of another jurisdiction by interment, entombment, inurnment, scattering of cremated remains, burial at sea, or any means otherwise authorized by law; nor shall it be an offense under this subsection for any law enforcement personnel, medical or medical laboratory personnel, hospital personnel, coroner or medical examiner, funeral director, embalmer, crematory operator, or cemetery operator to perform those duties or acts relating to possession or disposition of a dead human body or portion of such dead body which are otherwise imposed or authorized by law or lawful contract; nor shall use of a dead human body or portion of such dead body at or by an accredited medical school, dental school, college, or university for education, research, or advancement of medical or dental science or therapy be an offense under this subsection.
(b) Any person who commits an offense of abandonment of a dead body as provided by subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years."

Said title is further amended by striking Code Section 31-33-2, relating to furnishing copies of health records to patients or providers, and inserting in lieu thereof the following:
"31-33-2.
(a)(1)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patient´s record shall retain such item for a period of not less than ten years from the date such item was created.
(B) The requirements of subparagraph (A) of this paragraph shall not apply to:
(i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patient´s record or copies thereof to another provider of the patient´s choice and, if the patient so requests, to the patient; or
(ii) A hospital which is an institution as defined in subparagraph (B) of paragraph (1) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2.
(2) Upon written request from the patient or a person authorized to have access to the patient´s record under a health care power of attorney for such patient, the provider having custody and control of the patient´s record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by a person authorized immediately prior to the decedent´s death to have access to the patient´s record under a health care power of attorney for such patient; the executor, temporary executor, administrator, or temporary administrator for the decedent´s estate; or any survivor, as defined by Code Sections 51-4-2, 51-4-4, and 51-4-5.
(b) Any record requested under subsection (a) of this Code section shall be furnished within a reasonable period of time to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patient´s or deceased patient´s medical records, or any other person designated by the patient.
(c) If the provider reasonably determines that disclosure of the record to the patient will be detrimental to the physical or mental health of the patient, the provider may refuse to furnish the record; however, upon such refusal, the patient´s record shall, upon written request by the patient, be furnished to any other provider designated by the patient.
(d) A provider shall not be required to release records in accordance with this Code section unless and until the requesting person has furnished the provider with a signed written authorization indicating that he or she is authorized to have access to the patient´s records by paragraph (2) of subsection (a) of this Code section. Any provider shall be justified in relying upon such written authorization.
(e) Any provider or person who in good faith releases copies of medical records in accordance with this Code section shall not be found to have violated any criminal law or to be civilly liable to the patient, the deceased patient´s estate, or to any other person."

Said chapter is further amended by striking Code Section 43-18-8, relating to identification of bodies of deceased persons, and inserting in lieu thereof the following:
"43-18-8.
(a)(1) The funeral director or person in charge of final disposition of a dead body shall, prior to the interment or cremation of such dead body, affix on the ankle or wrist of the deceased ~~or, if cremated, on the inside of the vessel containing the remains,~~ a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, ~~and~~ the county and state of death, and the serial number of any prosthesis removed from the dead body by the funeral establishment or crematory.
(2) No funeral director in charge of a crematory shall permit any dead body to be on the premises of the crematory without the dead body being identified as provided by this subsection, except when the body is placed in the retort; and the tag shall be removed from the body and kept in a regular location near the retort during cremation and thereafter placed atop the cremated remains on the inside of the vessel and any liner therein. The vessel containing cremated remains shall be plainly labeled on the outside so as to identify the deceased with the same information, excluding social security number, as is required to be on the tag inside the vessel and so as to identify the name of person or firm to which such remains are to be delivered or released.
(3) Tags and labels used for purposes of this subsection shall be in such standard forms as prescribed by the board. If the religious faith of the deceased prohibits ~~desecration of the body~~ such means of identification, alternative means of identification of the body may be used.
(b) A crematory may deliver or release cremated remains to a funeral establishment or a legally authorized person. The funeral director in charge of a crematory shall provide to the funeral establishment or legally authorized person to whom cremated remains are delivered or released, at the time of such delivery or release, a written statement, on such standard form as prescribed by the board, signed and verified by such funeral director before a person authorized to administer oaths and attesting that the vessel contains substantially the remains of the deceased identified in accordance with subsection (a) of this Code section.
(c) No funeral establishment shall accept or take delivery of any cremated remains from any crematory unless the vessel containing such remains is labeled as required by paragraph (2) of subsection (a) of this Code section and is accompanied by the affidavit required by subsection (b) of this Code section, which vessel and affidavit shall be provided by the funeral establishment to a legally authorized person upon delivery or release of the cremated remains."

Said chapter is further amended by striking Code Section 43-18-72, relating to crematories, and inserting in lieu thereof the following:
"43-18-72.
(a) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must have the following minimum equipment, facilities, and personnel:
(1) A room with seating for a minimum of 30 people in which funeral services may be conducted;
(2) A display room containing an adequate supply of urns;
(3) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration;
(4) At least one operable retort for cremation;
(5) At least one operable processing station for grinding of cremated remains; and
~~(5)~~(6) At least one church truck;
provided, however, that the provisions of paragraphs (1), (2), and (6) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments.
(b) The board may adopt and enforce such rules as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state.
(c) Application for licensure of a crematory shall be made upon a form approved by the board and shall be accompanied by an application fee. No license shall be issued unless the facility meets all the requirements set forth by the board.
(d) The board ~~may~~ shall adopt rules requiring each crematory to submit periodic reports to the board in a standard form which include the names of persons cremated and the types of containers used.
(e) No more than one dead human body shall be placed in a retort at one time unless written permission has been received from the person possessing legal responsibility for the disposition of the dead human body.
(f) Nothing in this article shall require a funeral establishment for which a valid license to operate is in effect on the effective date of this subsection to have a separate license for a crematory until on and after the renewal date of such license to operate a funeral establishment which first occurs after the effective date of this subsection, but such establishment must comply with all the minimum equipment and facilities requirements, and all other statutes, rules, and regulations relating to crematories."

Said article is further amended by striking Code Section 43-18-75, relating to suspension or revocation of licenses, and inserting in lieu thereof the following:
"43-18-75.
(a) The board shall provide for inspections from time to time, but not less frequently than annually, of the premises of funeral establishments and crematories for purposes of ensuring compliance with the provisions of this article and any rules or regulations issued pursuant thereto, and every such firm shall submit to such inspections. The board is authorized to contract with any one or more county boards of health, and each county board of health is authorized to contract with the board, for the provision of inspection services on behalf of the board for purposes of this subsection.
(b) The license of any funeral establishment or crematory may be suspended, revoked, or put on probation, or fines may be imposed by the board if the evidence produced before it indicates that the establishment has violated any of the provisions of this article or any rules or regulations issued pursuant thereto. The board shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in relation to such hearing; and the licensee shall have the right to appeal any decision of the board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"