46-1-112 - Correction of error in interment or in the assignment of an interment right.
46-1-112. Correction of error in interment or in the assignment of an interment right.
(a) (1) When a cemetery operator has actual knowledge either of an incorrect interment or of an error in the assignment of an interment right, a cemetery operator shall have the right to correct such error pursuant to this section.
(2) For purposes of this section, interment and interment right mean the same as defined in § 46-1-102.
(b) When a cemetery operator has knowledge that the interment of human remains has occurred in the wrong burial location in the cemetery, the cemetery operator shall make all reasonable efforts to contact and to give notice to any known family or next of kin of the deceased person who has been incorrectly interred. If the cemetery operator reaches a family member or the next of kin, then the cemetery operator shall document the method of reaching that family member in writing and shall document the date, time and substance of the notice to the family member. If the cemetery operator cannot contact the next of kin, the cemetery operator shall make all reasonable efforts to give notice by certified mail, in advance of any corrective action, to any known family or next of kin at the last known address of such family and shall make all reasonable efforts to give notice by certified mail, in advance of any corrective action, to the owner of the burial plot in question. After the cemetery operator sends the certified mail, the cemetery operator shall wait five (5) business days before moving the person wrongfully interred.
(c) Immediately after contacting and notifying a family member or the next of kin or after waiting five (5) business days after mailing notice via certified mail to any known family or next of kin, the cemetery operator:
(1) May disinter the burial container wrongfully interred without a state or local permit;
(2) Shall identity the burial container; and
(3) Shall reinter the burial container in the proper burial space in the same cemetery.
(d) At the time specified for a disinterment and reinterment, the cemetery operator shall allow the nearest known next of kin, and if requested, the owner of the burial space, to witness the disinterment and reinterment.
(e) The cemetery operator shall bear all costs of the disinterment and reinterment.
(f) The cemetery operator shall notify the commissioner of the error, the interment in the wrong location and any evidence supporting the decision that it was a wrongful interment, the steps taken pursuant to this section to remedy the wrongful interment, including, but not limited to, the efforts to reach the next of kin and any other information so required by the department, within three (3) business days after reinterment.
(g) The cemetery operator shall also notify the commissioner of health, on a form prescribed by the commissioner, of the error, the interment in the wrongful location, the disinterment of the deceased person and the steps taken pursuant to this section to remedy the wrongful interment, including, but not limited to, the efforts to reach the next of kin pursuant to this section, within three (3) business days after the reinterment.
(h) When the cemetery operator follows the approved procedures set forth in this section for correcting a wrongful burial due to human error in recording ownership of an interment right, or due to human error in the burial, the cemetery company, its employees and its board of directors or officers shall be held harmless and not liable for any damages directly related to the disinterment and reinterment of the deceased person who had been interred in the wrong burial location unless the cemetery company, its employees or its board of directors or officers acted intentionally or with malice in the wrongful interment. This hold harmless provision shall not extend to any action other than an action arising out of the disinterment and reinterment governed by this section.
[Acts 2009, ch. 356, § 1.]