§ 63-92. Conditions for surrendering unclaimed bodies in government custody to Anatomical Board.  


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  • In the event that the body of any deceased person required to be buried or cremated at public expense shall enter into the custody of a government official, such as a warden, superintendent, administrator or officer of any state, county or municipal office, the government official shall use reasonable effort to ascertain if the deceased person has any relative, friend or other representative who will assume charge of the body for burial or cremation at his or her expense.  If such effort does not result in the discovery of a claimant within twenty-four (24) hours after death, the government official may notify the Anatomical Board or the Board’s agent.  The government official shall, without fee or reward, surrender, except as otherwise specifically provided by law, such unclaimed body or bodies to the Anatomical Board’s agent and permit the Board or its agents to take and remove all such unclaimed bodies to be used for the advancement of medical and anatomical sciences.  The Anatomical Board or the Board’s agent may accept or decline such unclaimed bodies, but no such body shall be delivered if:

    1.  any relative, by blood or marriage, has previously claimed the body for burial or cremation at the expense of such relative, in which event the body shall be surrendered to the claimant for burial or cremation;

    2.  any government official is authorized pursuant to statutory law of this state to bury or cremate such body; or

    3.  any representative of a fraternal society of which the deceased was a member, representative of a charitable organization, or friend of the deceased has claimed the body for burial prior to delivery to the Board’s agentIn such event, the burial shall be at the expense of the fraternal society, charitable organization, friend, institution or official.

Added by Laws 1935, p. 57, § 2, emerg. eff. April 16, 1935.  Amended by Laws 1982, c. 97, § 2, operative Oct. 1, 1982; Laws 1986, c. 9, § 2, eff. Nov. 1, 1986; Laws 2006, c. 114, § 2, eff. Nov. 1, 2006.