Principles and Practices of Cremation - MSFS 364

First recorded cremation in U.S.

Colonel Henry Laurens (former president of Continental Congress); cremated on SC property

First modern crematory in U.S.

Washington, PA in 1876; major step forward in America’s movement

Dr. Francis Julius LeMoyne

Physician who built small 2-room building/crematory (receiving and furnace room) to be used for his own death; only crematory in country for < 10 yrs

Baron Joseph DePalm

First individual cremated in modern chamber by LeMoyne, who was asked by Henry Steel Olcott (co-founder of Theosophical Society)

Hudson Samson

First crematory operated in conjunction with undertaking establishment in 1886

Dr. Hugo Erichsen

Physician and founder of Detroit Cremation Society in 1913; 14 delegates created Cremation Association of America

Cremation Association of North America (CANA)

Name changed in 1975 from CAA

Larry Moore

President of Chapel of Chimes, most adamant cremationist of his time, coined the phrase “inurnment”, invented first electric-powered cremator, used metallic disc to ID, first to suggest cardboard temp. urn

Cremation

Irreversible act; once direct flames introduced and process has begun reducing body to inorganic bone fragments

Cremation cases and viewings

Treat every cremation case as if they will be viewed by family (advanced decomp may be exception)

Embalming Case Report for cremations

Return to FH after removal, record condition of remains, any medical devices/prostheses/personal effects, perform treatments

Identification of the deceased

Verification of ID should begin at place of death and ends when authorized family member receives container of loved one’s cremains

10-point Identification and Verification (1-5)

(1) V of identity at place of death, (2) family ID at FH, (3) V before leaving FH to go to crematory, (4) V upon delivery to crematory, (5) V before placement in cremation chamber

10-point Identification and Verification (6-10)

(6) V at beginning of clean out of cremation chamber, (7) V at start of processing, (8) V before cremains placed in urn/container, (9) V when urn/container is given to FH, (10) V before urn/container given to family

Identification viewing

Have family member/authorizing agent physically view decedent to establish proper identity (photograph for out-of-town clients; waiver for no viewing)

NFDA rule about cremation identification

37 states require ID of deceased prior to cremation; some have waiting period and many require complete death certificates/official signed documents

FTC Funeral Rule (1984)

Mandatory disclosure and price itemization on GPL distributed to consumer; cremation specifically addressed in rule and must be included on price list

Family wishes and items removal

Identify items to be removed prior to cremation, inventory on embalming case report, records to begin with chain of custody and available to arrangement conference, use Personal Property Statement and Receipt form

Item removal - Medical devices

Disclosure and Authorization to Remove Medical, Mechanical, or Radioactive Devices form; unit to be donated/recycled, be prepared to discuss w/ family for full disclosure

Family witnesses cremation

Request to Witness a Cremation form; need to discuss process and that it may be emotionally disturbing/difficult to witness

Final arrangements over phone

Must be w/ authorizing agent, may request copy of license/ID for verification, Certification and Indemnification form signed by AA; may not stop legal action, but is powerful resource when AA certifies statement accuracy in course of arrangement

Right of disposition

Left to individual states to decide who has right to make arrangements/select final disposition (no national mandate); NOK is common, but not always the case; abide all local/state/fed laws, sign all required authorizations, and understand disclosures

Power of attorney (POA)

Instrument in writing whereby 1 person, as principal, appoints another as their agent and confers authority to perform certain specified acts on behalf of a principal - regular POA ends if you become incapacitated

Durable power of attorney (DPOA)

Person executes POA which will become/remain effective in the event they should later become disabled

POA info

Not all states recognize POA authority; if state does recognize it, it doesn’t mean it extends to disposition rights; if rights are included, FD has to decipher what rights exist (responsibility to be knowledgeable of all legal particulars related to disposition)

POAs and pre-arrangement conferences

If client indicates they have authorized agent: have appropriate paperwork completed and placed in client’s file, client should have 2+ authorized agents in case something happens to 1st choice, important to have notarized paperwork which would include a witness

IL Statutes for Disposition (right to disposition priority)

Agent designated in writing, executor/legal rep., spouse at TOD, sole surviving adult child (majority rules if multiple), surviving competent parent(s), surviving competent adult person(s) in next degree of kindred, any other person/org. willing to assume legal/financial responsibility

IL Statutes for Disposition - Indigents/Responsible by state

Public administrator, medical examiner, coroner, state appointed guardian, or other public official can arrange

IL Statutes for Disposition - Exceptions to rule

Anyone responsible for disposition charged w/ 1st or 2nd degree murder/voluntary manslaughter in connection to deceased’s death and those charges are known to FD/cemetery authority

When parties are unavailable to be contacted

When person w/ right of disposition is unable to be contacted, make every effort using due diligence to contact them via every method available and document these attempts - look at Sect. 5 IL statutes (755 ILCS 65) Disposition of Remains Act (7)

Signing forms

Make sure all forms are easy to read/understand; forms should have original signatures and, if done by fax/email, be signed and witnessed in front of notary and originals signed when meeting face-to-face, AA can sign electronically - look at 410 ILCS 18/20 Crematory Regulation Act

Authorization to cremate

Defines all facets of cremation process, the end product of the procedure, and must engage the AA in the execution of the document; get authorization to remove medical devices; imperative to explain what possibly remains after cremation (bone fragments, fillings, etc.); disclose personal articles to be removed prior to pulverizing

Specific Statement - Cremation

Request info about personal property, jewelry, and any other keepsakes that may be sent w/ deceased; need to know it will be destroyed; list and get authorization in order to enter cremation chamber

Authorization Form regarding urns/other receptacles

Capacity or if family wishes to have ashes split between additional containers

Authorization Forms for Cremation (broadly)

Complex and important; consider when offering cremation services; MUST ALWAYS know, study, and adhere to all laws/standards that regulate cremation in your local area

Identification: Cremating the wrong body

Insist on positive ID of body by spouse/NOK (written proof); good idea to have wavier signed by AA (Certification and Indemnification) for compensation for harm/loss and security against legal liability for one’s action

Rental Casket Acknowledgement and Release

No mistake as to what happens w/ rental casket; may use form for Time of Cremation

Witness Cremation

May be defined as family rep(s) present for initiation of cremation process/plan to remain for the entirety of cremation; if AA/other authorized party elects to witness cremation, it’s best practice to complete request to Witness a Cremation Form and capture authentic signature of AA/authorized party

Receipt of Cremated Remains

Have this signed by AA to ensure cremated remains given to the proper person, then signed by person picking up remains

Authorization to Commingle Remains

Signed by AA allowing you to add ashes to another urn/container w/ another person’s ashes in it - FAMILY REQUEST ONLY

Authorization to Recycle Metal

Authorization for Minimum Care

For when families choose to have no embalming/public viewing, but would still like to have family viewing; extra prep and care necessary to avoid undue liability

Authorization to Embalm

Should be sought orally and put in writing ASAP or initially in writing when available; can vary from state to state, but should be in compliance w/ all FTC funeral rule wording regarding embalming requirements/permissions

Authorization for Restorative Work

Seek authorization for both minor and major restorations because they aren’t well defined, treatments should be well defined ahead of time and approved before any work is done

Other Associated Forms

May be necessary depending on state/local requirements; Medical Examiner/Coroner permit to cremate (required in IL), verification of identity of remains, chain of custody form, refrigeration log, cremation log

Final disposition

Need to follow family’s wishes and secure appropriate authority to carry out request; most states detail requirements to be in cremation authorization/disposition form; disposition forms may need to be affixed to urn/container (burial transit permits to transport)

Final disposition - Commingling

Be certain of law in your area and always complete a Commingling Authorization form (more than 1 person’s urn, ossuary, etc.); never commingle unless authorized by law, all regulations followed, express authorization from NOK/authorizing agent

Final disposition - Scattering

Know legal/local customs; FD may encourage family to keep small portion of ashes for keep to honor/remember deceased; common practice for scattering requires permit (Authorization Signature, acceptable urn, scattering in air/earth/water/dedicated scattering cemetery)

Final disposition - Water/sea scattering

2019 Cremation Standards for Funeral Professionals 2nd ed. - Scattering at sea must be at least 3 nautical miles out; flowers, wreaths, and urns must be readily decomposable in marine environment

Final disposition - CANA Model Cremation Law and Explanation

Nov. 2017; Remains may be scattered over uninhabitable public land; may be disposed of in any manner on private property w/ owner’s consent (check local regulations); practice must meet health and environmental standards; pulverized to particle size of 1/8” or less

Final disposition - Best practice for scattering

File w/ local registrar of births and deaths that ashes are to be scattered (name, time and place of death, place where ashes are to be scattered, other info they may require)

Final disposition - Third-party providers

Funeral provider must ensure that family’s wishes are being followed as well as staying w/in Fed./state/local laws; must ensure third-party providers assessed (evaluate businesses well); maintain detailed records of all business transactions; include final disposition whether by FH/T-PP

Internment/Burial

In cemetery/private land; adhere to related laws and regulations (cemetery may require urn vault)

Entombment

Placing remains in columbarium niche

Scattering

Land/sea/air; be sure to inform family of process and what they can expect; follow all state and local regulations

Ossuary

Placement of cremated remains in communal repository; be sure to communicate reality of commingling

Raking

Cremated remains dispensed directly into soil and raked into the Earth - common in scattering gardens

Trenching

Remains dispensed into superficial trench in soil, then covered

Sending cremated remains into space

Companies exist that offer families the ability to send small portions of cremated remains into space; typically 1-7 grams; may include to orbit Earth/beyond Earth’s orbit

Underwater reef

Mix cremated remains w/ concrete and developed into reef on ocean floor

Solidified remains

Solidifying remains into stone; estimated adult remains produce 40-60 solids; appearance in shape, color, and texture vary

Cremated remains memorialized in art

Combine cremated remains w/ paint, glass, or other media to create various art designs

Cremated remains made into jewelry

Process remains under intense heat and pressure to point that component carbon is turned into man-made diamond

Keepsakes

Keep small portion for themselves before other disposition option (keepsake urns)

Cremated remains returned to family

Family brings home cremated remains in urn/other container

Disposal of cremated remains if unclaimed

FHs may have unclaimed remains and they have options (to be discussed further)

Shipping cremated remains

Not a final disposition, but final act of FH/crematory operator

Shipping cremated remains - USPS policy

Updated Sept 2019; Registered Mail service not authorized, must use Priority Mail Express (UPS, FedEx, and all other carriers won’t accept cremated remains for shipping); Second Edition of Cremation Standards for Funeral Service Professionals (2019) in conjunction w/ CANA for packaging/labeling protocol

Shipping cremated remains - Packaging

Outer Shipping Package - Ship by Priority Mail Express/Intl. service; use USPS-produced or customer supplied shipping package

Shipping cremated remains - Labeling

Outer shipping box containing cremated remains must be marked w/ Label 139, Cremated Remains affixed to each side (plus top and bottom)

Shipping cremated remains - Suggested procedures for packaging/labeling

(1) Place processed cremated remains in strong, durable, thick plastic bag, (2) sealed and closed w/ a zip tie, (3) place plastic bag in appropriate urn/container and place cremation ID label on top/bottom of container, (4) verify all ID numbers match medallion/tag number, (5) if multiple containers needed, each unit must have ID label marked 1/2, 2/2, etc.

Shipping cremated remains - Suggested procedures for packaging/labeling cont.

(6) If selected urn capacity is less than 200 cubic inches, communicate w/ family in order to secure additional container, (7) don’t place remains directly in keepsake urn, follow same procedures w/ strong plastic bag, (8) once remains placed in urn/container, place in locked/secure area that’s inaccessible to general public, (9) be aware of state regulations regarding length of time to hold unclaimed remains

Shipping cremated remains cont.

When ready to ship, go directly to USPS (Publication 139); cremated remains permitted to be mailed to any domestic address when package is prepared as required; can be mailed to intl. address when designated country doesn’t prohibit the contents

Shipping cremated remains - Packaging cont.

Need primary inner sift-proof container (must be strong, durable, and constructed to protect and securely contain contents inside; if labels become detached, put sift-proof container in sealed plastic bag, attach label w/ complete return/delivery address on bag w/ wording “Cremated Remains”), cushioning material (prevent shifting inside of outer shipping package/absorb shock to prevent breakage), and an outer shipping package (address format same as on envelope)

Shipping cremated remains - International shipping

Addresses must be used and indicate identity of contents on required applicable customs declaration forms (see IMM Section 1223.61); verify all info before shipping and contact consulate/embassy; once remains leave U.S., USPS loses control over package and can be difficult to track; secure all required documents for shipping (recommend getting Signature Upon Delivery)

Shipping cremated remains - Flight

Family needs to maintain items like burial transit permit, certified death certificate, and labels identifying contents of urn/container; keep remains at all times; know all TSA guidelines about travelling w/ cremated remains (travel w/ remains in checked bag, preferably a carry-on to protect contents)

Shipping cremated remains - Flight cont.

Carry-ons must pass through x-ray machine; if it doesn’t clear, TSA applies non-intrusive means (plastic/cardboard/wood container); may need to pack in temporary container in luggage (check airline); if FH shipping, contact airlines to determine if option exists (if it does, air cargo may require rep. of FH receive remains)

Unclaimed remains

FH must be diligent in discussing all options w/ family during arrangements, must inform family of all decisions that need to be made including what to do w/ remains for final disposition; may need to place FH policies/procedures for unclaimed cremated remains on authorization to cremate

Unclaimed remains - Laws

Historically, FH expected to hold remains indefinitely; now many states have laws allowing FS professionals to move forward w/ final disposition; 410 ILCS 18/40 Sec. 40 - Disposition of Cremated Remains; FD should observe any religious practices/preferences specified by AA when exercising disposition

Unclaimed remains - 410 ILCS 18/40 Sec. 40

Crematory authority may dispose of unclaimed remains after 60 days from cremation, must keep permanent record of final disposition site, authorizing agent shall reimburse crematory authority for all reasonable expenses

The use of third-party crematories

When you take custody of deceased individual, vital to always use due diligence to ensure body is cared for in manner that shows dignity and respect, as well as safety of deceased individual; once body is out of your custody, be sure they’re being cared for in same manner you would care for them

Third-party crematories - Internal policies and procedures

CANA Crematory Operations Certification Program manual, 4th edition (2019); enter agreement/contract w/ specifics; important to routinely investigate T-PC (request records, interview management, physically inspect crematory)

4-step due diligence process for third-party crematories

(1) Internal - examine their cremation policies and procedures, (2) Records request - establish crematory is operating and complying w/in legal parameters and professional standards, (3) Interview - detailed and formal interviews w/ management and staff, (4) Inspection - have unannounced inspections during normal business hours

4-step due diligence process - Step 1 (internal)

Examine T-PC’s cremation policies/procedures; create policies/protocols/procedures if none exist, work together on how they will handle your deceased individuals; include standard for ID, forms, permits, instructions for final disposition, merchandise selection

4-step due diligence process - Step 2 (records request)

Establish crematory is operating/complying w/in legal parameters and professional standards; records should include appropriate certificates (insurance), proper licenses, detailed operating records/policies/procedures; get copies of forms/authorizations crematory requires; evaluate documents to ensure alignment w/ FH policies/expectations; re-evaluate annually

4-step due diligence process - Step 3 (interview)

Have detailed/formal interviews w/ management and staff; helps make informed decisions in business relationship; talk about equipment; document interactions and responses; discuss concerns and seek immediate resolution; schedule interviews and create list of questions that would be important to you

4-step due diligence process - Step 4 (inspection)

Have unannounced inspections during normal business hours; have checklist of standards FH feels crematory must meet (serves as documentation of process) or make checklist of things you wish to look at/review; share any concerns in writing; inspect annually

Cremation

The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort/chamber; extreme heat and direct flame, pulverizing remains to granulated particles, chemical reaction

Cremation - Chemical reaction

Oxygen rapidly combined w/ fuel and gives off heat, oxygen combines w/ C, H, Sulfur, and/or other certain components of fuel and changes into different gases, components of fuel not burned remain as ash

Perfect combustion

Result of mixing and burning exact proportion of fuel and oxygen so that no unburned fuel/oxygen remains

2 combustion phases of cremation

(1) Primary combustion in ignition/primary chamber, (2) Secondary combustion - Products of combustion process settle and further combusted; remaining gases discharge from crematory stack

3 elements critical for successful combustion

Time, Temperature, and Turbulence; take place in secondary chamber

Secondary chamber temperature

Between 1400-1800°F; most states require secondary chamber to be preheated to acceptable level prior to igniting main chamber 

Opacity (emissions)

Degree to which light is reduced when viewing through visible emissions; EPA identifies testing standards that vary by state (smoke and flame, improper combustion, too many particle emissions)

Classification of Waste - Human/Animal remains

Type 4

Classification of Incinerators

Class VI

In-Line design crematory

Gasses flow front to back and then out; exhaust doesn’t recirculate

Retort design crematory

Gasses flow front to back, then underneath the hearth prior to exiting through stack (retort used universally in describing crematory - but only describes specific design)

Charging door

Primary chamber door, electrically/hydraulically operated

Control panel/station

Operation equipment for crematory