2006 Louisiana Laws - RS 37:880 — Disposition of cremated human remains; refusal to release cremated human remains; prohibited activities

§880.  Disposition of cremated human remains; refusal to release cremated human remains; prohibited activities

A.(1)  Cremated human remains shall be disposed of in accordance with the provisions of R.S. 8:655.

(2)  If a funeral director, funeral establishment, or crematory authority is aware of any dispute concerning the release or disposition of the cremated human remains, the funeral director, funeral establishment, or crematory authority may refuse to release the cremated human remains until the dispute has been resolved or the funeral director, funeral establishment, or crematory authority has been provided with a court order authorizing the release or disposition of the cremated human remains.

B.(1)  If, after a period of sixty days from the date of cremation, the person who controls the right of disposition has not completed his responsibility of disposition or claimed the cremated human remains, the crematory authority, funeral establishment, or the person in possession of the cremated human remains may dispose of the cremated human remains in any manner permitted by law.

(2)  The person who controls the right of disposition shall be responsible for reimbursing the crematory authority, funeral establishment, or person in possession of the cremated human remains for all reasonable expenses incurred in disposing of the cremated human remains pursuant to this Section.  A record of such disposition shall be made and kept by the person making such disposition.

(3)  Upon disposing of cremated human remains in accordance with this Section, the crematory authority, funeral establishment, or  person in possession of the cremated human remains shall be discharged from any legal obligation or liability concerning such cremated human remains or disposition thereof.

(4)  The provisions of this Subsection shall apply to all cremated human remains in the possession of a crematory authority, funeral establishment, or other party on August 15, 2003.

C.  Cremated human remains shall be removed from their closed container before being scattered and shall be scattered in accordance with the laws of this state.

D.  Except with the express written permission of the person who controls the right of disposition, no person shall do either of the following:

(1)  Place cremated human remains of more than one person in the same closed container.  The provisions of this Paragraph shall not apply to placing the cremated human remains of members of the same family in a common closed container designated for the cremated human remains of more than one person.

(2)  Dispose of or scatter cremated human remains in such a manner or in such a location that the cremated human remains are commingled with those of another person.  The provisions of this Paragraph shall not apply to the scattering of cremated human remains at sea or by air from individual closed containers or to the scattering of cremated human remains in an area located in a dedicated cemetery or privately owned property.

Acts 2003, No. 1243, §2.