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§ 450.506.2. Death and fetal death registration: Disposition of cremated remains of veterans

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: July 5, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 2. Registration of Vital Statistics (Refs & Annos)
Vital Statistics Law of 1953 (Refs & Annos)
Article V. Death and Fetal Death Registration
Effective: July 5, 2012
35 P.S. § 450.506.2
§ 450.506.2. Death and fetal death registration: Disposition of cremated remains of veterans
Currentness
(a) A funeral director or funeral establishment which has held in its possession cremated remains for more than one hundred twenty (120) days from the date of cremation may, in accordance with this section, determine if the cremated remains are those of a veteran and, if so, shall dispose of the remains as provided in this section.
(b)(1) Notwithstanding any law or regulation to the contrary, nothing in this section shall prevent a funeral director or funeral establishment from sharing information with the United States Department of Veterans Affairs, a veterans' service organization or a national cemetery for the purpose of determining whether the cremated remains are those of a veteran.
(2) A funeral director or funeral establishment shall be discharged from any legal obligations or liability with regard to releasing information to or sharing information with the United States Department of Veterans Affairs, a veterans' service organization or a national cemetery in accordance with this section.
(c)(1) If a funeral director or funeral establishment ascertains the cremated remains in its possession are those of a veteran and the funeral director or funeral establishment has not been instructed by the legally authorized person in control of the final disposition of the decedent to arrange for the final disposition of the cremated remains, the funeral director or funeral establishment shall relinquish possession of the cremated remains to a veterans' service organization.
(2) Final disposition shall be made in a national cemetery if the deceased veteran is eligible for interment in such a manner.
(d) The funeral director, funeral establishment or veterans' service organization, notwithstanding any law to the contrary, upon disposing of cremated remains in accordance with this section, shall be:
(1) Held harmless for any costs or damages, except if there is gross negligence or willful misconduct.
(2) Discharged from any legal obligation or liability concerning the cremated remains.
(e) When the estate of the decedent has been identified, the estate of the decedent shall be responsible for reimbursing a funeral director, funeral establishment or veterans' service organization for all reasonable expenses incurred in relation to the final disposition of the cremated remains.
(f) A funeral director or funeral establishment shall establish and maintain a record identifying the veterans' service organization receiving the cremated remains and the site designated for final disposition of the cremated remains.
(g) The funeral director or funeral establishment shall make a good faith effort to notify the next of kin of the identified cremated remains of the veteran.
(h) Nothing in this section shall require a funeral director or funeral establishment to:
(1) Determine or seek others to determine that an individual's cremated remains are those of a veteran if the funeral director or funeral establishment was informed by the legally authorized person in control of the final disposition of the cremated remains that the individual was not a veteran.
(2) Relinquish possession of the cremated remains to a veterans' service organization if the funeral director or funeral establishment was instructed by the legally authorized person in control of the cremated remains or had a reasonable belief that the decedent did not desire any funeral or burial-related services or ceremonies recognizing the decedent's service as a veteran.
(i) As used in this section, “final disposition” does not include the scattering of cremated remains.

Credits

1953, June 29, P.L. 304, art. V, § 506.2, added 2012, July 5, P.L. 942, No. 101, § 4, imd. effective.
35 P.S. § 450.506.2, PA ST 35 P.S. § 450.506.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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