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Section II  Cremation Rules and Regulations
(F) Limitation of Liability
(1) Each Cremation Authority Form used by a Crematory Authority shall include language that authorizes it to proceed with the cremation and disposition of the cremains and indemnifications to exempt it from liability when it has performed as directed and in accordance with all applicable law and these rules and regulations in at least the following areas.
a. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that person's authority to order such cremation. Any person signing a cremation authorization form shall be personally and individually liable for all damage occasioned thereby and resulting therefrom.
b. A Crematory Authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an Authorizing Agent. There shall be no liability for a Crematory Authority, Disposition Authority, or other person or legal entity that cremates human remains pursuant to such authorization, or that releases or disposes of the cremated remains pursuant to such authorization.
c. A Crematory Authority shall not be responsible or liable for any valuables delivered to the Crematory Authority with human remains.
d. A Crematory Authority shall not be liable for refusing to accept a body or to perform a cremation in dispute until it receives a court order or other suitable confirmation that a dispute has been settled if:
(a) It is aware of any dispute concerning the cremation of human remains.
(b) It has a reasonable basis for questioning any of the representations made by the Authorizing Agent, or
(c) For any other lawful reason.
e. If a Crematory Authority is aware of any dispute concerning the release or disposition of the cremated remains, the Crematory Authority may refuse to release the cremated remains until the dispute has been resolved or the Crematory Authority has been provided with a court order authorizing the release or disposition of the cremated remains. A Crematory Authority shall not be liable for refusing to release or dispose of cremated remains in accordance with this subsection.
(2) Each Crematory Authority shall submit its Cremation Authorization form to the Board prior to using said form. The Board shall approve the use of the form if it contains the provisions listed in this section of these rules and regulations and is consistent with them and all applicable law.
(G) Administration
(1) A Crematory Authority may enact additional reasonable rules and regulations, not inconsistent with applicable law and these rules and regulations, for the management and operation of a crematory. Nothing in this provision shall prevent a Crematory Authority from enacting rules and regulations which are more stringent than the provisions contained in these rules and regulations.
(2) Violations of these rules and regulations shall be punishable in accordance with all applicable law pertaining to the Board (specifically including the powers provided in ACA 17-29-403 and/or ACA 17-29-312). Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary or religious organization, or any other entity is prohibited from:
a. Maintenance or operation of a building or structure within this state as a crematory without a license or in violation of the rules and regulations of the Board or other applicable regulatory bodies.
b. Holding oneself out to the public as a Crematory Authority without being licensed under these rules or regulations, or performing a cremation without a cremation authorization form signed by an Authorizing Agent.
c. Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information.
d. Performing a cremation in other than a licensed crematory.
e. Violation of any other provision of these rules and regulations.
(3) Applicable penalties may be imposed by the Board whether or not the violator holds a valid current license issued to an individual, Funeral Establishment, Crematory Authority, Transport Service, or other entity.
(H) Pre-Need Cremation Arrangements
(1) Any pre-need contract sold by, or pre-need funeral arrangements made with a cemetery, funeral establishment or any other party, that includes a cremation, may specify the ultimate disposition of the cremated remains, pursuant to Section "II.E", and that portion of the agreement shall be initialed by the individual making the arrangements. In the event no additional or different instructions are provided to the Crematory Authority by the Authorizing Agent at the time of death, the Crematory Authority shall be authorized to release or dispose of the cremated remains as indicated in the pre-need agreement.
(2) a. Any person, on a pre-need basis, may authorize their own cremation and the disposition of their cremated remains, on a pre-need cremation authorization and signed by the person as Authorizing Agent and by two witnesses. The person shall have the option of designating the Crematory Authority. A copy of this form shall be retained by the person and a copy sent to the Crematory Authority, if designated. Any person shall have the right to transfer or cancel this authorization at any time prior to their death by providing written notice to all applicable parties.
b. At the time of such person's death, any person in possession of an executed pre-need cremation authorization form and any person charged with making arrangements for the final disposition of the deceased who has knowledge of the existence of an executed pre- need cremation authorization form, shall use their best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form.
c. The provision of this Section shall only be applicable if the cremation is not in conflict with the wishes of the next of kin of the deceased. The next of kin of the deceased shall have the right to choose another form of final disposition, other than cremation, at the time of the person's death, unless such change is in conflict with current Arkansas law.
(I) Sanitation and Fire Safety
(1) The Crematory, Cremation Chamber, and all related buildings and equipment shall be maintained in a clean and sanitary manner. All equipment in and related to the Crematory shall be maintained in good condition according to the directions given by the manufacturer of the equipment and the appropriate regulatory authorities.
(2) Crematory Authorities applying for licensure after the promulgation of these rules shall construct their crematory in such a manner as to meet the following minimum standards:
a. The floor of the crematory shall be of concrete and not covered with a flammable material.
b. The walls and ceiling of the Crematory shall be of fireproof and/or fire retardant materials.
c. The Crematory shall have adequate ventilation and adequate entrances and exits for the protection of the public and Authority personnel.
(3) No flammable material shall be stored within five feet of the cremation chamber.
(J) Miscellaneous
(1) Acceptance of a license issued by the Board gives a Board representative the right to inspect the crematory and the records of the Crematory Authority at any time.
(2) The holders of licenses issued by the Board shall also hold current, unexpired licenses issued by all other applicable regulatory agencies. Failure to hold such other licenses or permits shall be considered a violation of these rules and regulations.
(3) Personal items placed or caused to be placed in the cremation container with the body of the deceased shall not be removed by the Crematory Authority or its representatives. This provision does not apply if the items could cause harm to the crematory or to Crematory Authority personnel during the cremation process.
(4) Any items removed from the Cremation Container shall be returned to the Authorizing Agent.
(5) All cremations of human remains in this state shall be arranged through the holder of a valid, current Funeral Establishment license as issued by this Board, either by a licensed funeral director or other representative of the Establishment except as otherwise noted in these rules and regulations.
(6) Records required by these rules and regulations of Crematory Authorities, Disposition Authorities, and other parties shall be kept for a minimum of five (5) years from the date of cremation.
(7) Crematory Authorities operating in this state as of December 1, 1989 shall:
a. Be exempt from the fire safety standards contained in these rules and regulations (Section II., I., 2., a. and b.) as long as they are operating in their current facilities.
b. Be issued a license by the Board and given adequate time to comply with the requirements of these rules and regulations as they pertain to inclusions in their authorization forms.
c. Not be responsible for record keeping requirements imposed by these rules and regulations for cremations occurring before their adoption.

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