CHAPTER 48
HB 289 – FINAL VERSION
2Mar2011… 0132h
2011 SESSION
08/03
HOUSE BILL 289
AN ACT relative to procedures followed by funeral directors.
COMMITTEE: Health, Human Services and Elderly Affairs
This bill details procedures to be followed by funeral directors when releasing custody of a body.
This bill also eliminates the requirement of the board of registration of funeral directors and embalmers to hold education meetings.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2Mar2011… 0132h
11-0599
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to procedures followed by funeral directors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
48:1 New Paragraphs; Custody of Remains of Deceased Persons. Amend RSA 290:17 by inserting after paragraph III the following new paragraphs:
IV. If the next of kin or person designated by the subject under paragraph I is missing and cannot be located using reasonable efforts, the missing person shall lose custody and control and custody and control shall pass to the next in order of priority.
V. If the next of kin holding custody and control will not cooperate with the funeral director in making arrangements, the next of kin shall lose custody and control after 3 days of noncooperation and custody and control shall pass to the next in order of priority.
VI. If the individual holding custody and control of the subject is arrested for criminally causing the death of the subject, custody and control shall pass to the next in order of priority.
VII. If no person is designated by the subject to have custody and control and no next of kin can be located using reasonable efforts, the funeral director holding custody of the body shall retain custody and control of the body for purposes of carrying out the disposition of the body.
VIII. A funeral director acting in good faith may rely upon representations made by individuals claiming to have custody and control of the subject.
48:2 Repeal. RSA 325:28, relative to education meetings held by the board of registration of funeral directors and embalmers, is repealed.
48:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 9, 2011
Effective Date: July 8, 2011