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Public Law
123rd Legislature
First Regular Session
Chapter 225
H.P. 907 - L.D. 1289
An Act To Provide Oversight for Crematoriums
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §1405,  as amended by PL 1985, c. 611, §§11 and 12 and PL 1997, c. 210, §40 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
§ 1405. Cremation
AnyA person, firm or corporation within the State, with the approval ofafter obtaining a license from and paying a license fee to the Department of Health and Human Services may establish and maintain suitable buildings and appliances for the cremation of bodies of the dead and, subject to the regulationsrules of the department, may cremate such bodies and dispose of the ashes of the same. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
The body of a deceased person shallmay not be cremated within 48 hours after his deceasedeath unless hethe person died of a contagious or infectious disease, and in no event shallmay the body of a deceased person be cremated, buried at sea, used by medical science or removed from the State until the person, firm or corporation in charge of the disposition has received a certificate from a duly appointed medical examiner that hethe medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning the samecause and manner of death is not necessary. This certificate, a certified copy of the death certificate and a burial transit permit when presented by the authorized person as defined in Title 22, section 2846, shall beis sufficient authority for cremation, burial at sea, use by medical science or removal from the State, and the person, firm or corporation in charge of the disposition shallmay not refuse to cremate or otherwise dispose of the body solely because these documents are presented by such an authorized person. The certificate shallmust be retained by the person, firm or corporation in charge of the cremation or disposition for a period of 15 years. For the certificate, the medical examiner shallmust receive a fee of $15 payable by the person requesting samethe certificate.
No humanHuman remains shallmay not be removed, transported or shipped to anya crematory unless encased in a casket or other suitable container.
 
Effective September 20, 2007