CHAPTER 385
EMBALMERS AND FUNERAL DIRECTORS

Table of Contents

Sec. 20-220. Requirements for engaging in funeral directing business. Exemption.
Sec. 20-230. Business not to be conducted in cemetery or on tax-exempt property. Exemption.
Sec. 20-230c. Cremation requests. Written documentation by funeral directors and funeral service businesses.
Sec. 20-230d. Disposition of unclaimed cremated remains by funeral directors. Notice requirements.

      Sec. 20-220. Requirements for engaging in funeral directing business. Exemption. Except as provided in section 20-223, no person shall carry on or engage in the business of funeral directing, or hold himself out to the public as a funeral director, unless he is licensed by the Department of Public Health as a funeral director and unless he owns his business of funeral directing or is an employee or member of a firm, partnership or corporation operating a funeral directing business at an established place of business, for which place of business there has been issued a certificate of inspection by said department as provided in section 20-222. Facilities that accept bodies for anatomical purposes pursuant to section 19a-270 are exempt from this section.

      (1949 Rev., S. 4545; 1951, S. 2259d; P.A. 80-484, S. 90, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 05-272, S. 33.)

      History: P.A. 80-484 replaced "board", i.e. board of examiners of embalmers and funeral directors, with references to department of health services; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 05-272 exempted facilities that accept bodies for anatomical purposes pursuant to Sec. 19a-270, effective July 13, 2005.

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      Sec. 20-230. Business not to be conducted in cemetery or on tax-exempt property. Exemption. No person, firm, association or corporation shall engage in the business of funeral directing, except in continuing the supervision of a funeral, or in the profession of embalming or the sale of funeral merchandise in or on any cemetery or tax-exempt property. Facilities that accept bodies for anatomical purposes pursuant to section 19a-270 are exempt from this section.

      (1949 Rev., S. 4548; 1951, S. 2267d; P.A. 05-272, S. 34.)

      History: P.A. 05-272 exempted facilities that accept bodies for anatomical purposes pursuant to Sec. 19a-270, effective July 13, 2005.

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      Sec. 20-230c. Cremation requests. Written documentation by funeral directors and funeral service businesses. If the person who has custody and control of the remains of a deceased person pursuant to section 45a-318 requests the disposal of the deceased body by cremation or if the deceased had executed a cremation authorization form in accordance with the provisions of said section 45a-318, the funeral director shall complete a written form containing the following information: (1) The name and address of the funeral service business that is responsible for the disposal of the deceased body; (2) the name of the deceased; (3) the place and time of the cremation; (4) the name of the licensed funeral director or embalmer; (5) the name and address of the person who has custody and control of the remains of the deceased; (6) a summary of the disposition, in accordance with section 20-230d, of the cremated remains, if unclaimed; and (7) a statement indicating the disposition of the cremated remains requested by the person who has custody and control of the remains of the deceased or a statement indicating the deceased had executed a cremation authorization form in accordance with the provisions of section 45a-318. The written form shall be signed and dated by the person who has custody and control of the remains of the deceased and the funeral director. A copy of the signed form shall be provided to the person who has custody and control of the remains of the deceased. The original signed form shall be retained at the funeral service business for not less than twenty years from the date on which it was signed by the person who has custody and control of the remains of the deceased.

      (P.A. 05-81, S. 1.)

      History: P.A. 05-81 effective July 1, 2005.

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      Sec. 20-230d. Disposition of unclaimed cremated remains by funeral directors. Notice requirements. (a) If the cremated remains are not accepted by a person in accordance with the requested disposition of the cremated remains on the form required by section 20-230c or by the person designated to take custody and control of the cremated remains, the funeral director may dispose of such cremated remains by: (1) Burial in a cemetery, (2) storage in a crypt of a mausoleum or columbarium, (3) scattering, (4) burial in a memorial garden, (5) storage at the funeral home, or (6) such other method identified in the signed form required by section 20-230c, provided the funeral director has complied with the notice requirements of subsection (b) of this section. Upon such disposal of the cremated remains, the funeral director shall notify, in writing, the registrar of vital records in the town from which the cremation permit for the deceased was issued pursuant to section 19a-323, of the manner in which the cremated remains were disposed. Such written notice shall be attached to the cremation permit.

      (b) If, because of the failure of the person responsible for accepting the cremated remains or the person designated to take custody and control of the cremated remains to accept such remains, a funeral director or embalmer possesses cremated remains for more than one hundred eighty days after the date of cremation, such funeral director or embalmer shall provide notice, by certified mail, to (1) the person who signed the form required by section 20-230c, and (2) (A) the person responsible for accepting such remains, or (B) the person designated to take custody and control of the cremated remains, if different from the person signing the form. Such notice shall provide that if the cremated remains are unclaimed for more than ninety days from the date of mailing of such notice, the remains will be disposed of in accordance with subsection (a) of this section.

      (c) Any cremated remains in the possession of a funeral director on July 1, 2005, may be disposed of in the manner specified in subsection (a) of this section, provided the funeral director has made a reasonable attempt to notify the person who had custody and control of the remains of the deceased or a relative of the decedent. Such notice shall provide that if the cremated remains are unclaimed for more than one hundred eighty days from the date of mailing of such notice, the remains will be disposed of in accordance with subsection (a) of this section.

      (P.A. 05-81, S. 2.)

      History: P.A. 05-81 effective July 1, 2005.

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