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  • Summary date: Mar 29 2023 - View Summary

    Enacts GS 90-210.29C, which exempts from liability any person licensed to practice funeral service, funeral directing, or embalming and persons and corporate entities issued a permit under the following circumstances: (1) refusal to accept or dispose of a dead human body until the person or entity receives a court order if the person or entity is aware of any dispute concerning the disposition of human remains or the person or entity has a reasonable basis to question whether the individual seeking to dispose of the dead human body has the statutory authority to do so and (2) if those persons or entities dispose of a dead human body in line with any court order not stayed or enjoined or if they dispose of the body in line with the requirements of State law. Clarifies that the limitation on liability does not apply to dispositions enacted under a preneed funeral contract. Further clarifies that the limitation of liability set forth above is in addition to the limitations on liability related to cremation set forth in GS 210.131. Emphasizes that nothing in this section or under GS 90-210.131 may be interpreted to limit the authority of the North Carolina Board of Funeral Service to suspend, revoke, refuse to issue or renew, place on probation, assess a civil penalty against, or seek injunctive relief against any person or entity, regardless of the person or entity's licensure or permit status.

    Amends GS 90-210.129 (cremation procedures) to allow funeral establishments to embalm or cremate human remains if the death was the result of an infectious, contagious, or communicable and dangerous disease as listed by the Commission for Public Health, regardless of the final disposition of the remains.