Section 641.97.12. Burial-transit permit.

If a person other than a funeral director, medical examiner, or emergency medical service assumes custody of a dead human body or fetus, the person shall secure a burial-transit permit pursuant to Iowa Code section 144.32. Pursuant to rule 645—100.4(144), an unlicensed employee of the funeral establishment shall be considered an agent of the funeral director.

       97.12(1) The burial-transit permit shall be issued upon a form prescribed by the state registrar and shall state:

        a.           The name of the decedent;

        b.           The date and place of death;

        c.           If the death was from a communicable disease;

        d.           The name and location of the cemetery, crematory, or other location where final disposition of the remains is to be made;

        e.           The method of disposition;

        f.            That a certificate of death or fetal death has been filed; and

        g.           That permission is granted to inter, remove or otherwise dispose of the dead human body or fetus.

       97.12(2) To be valid, the burial-transit permit must be issued by the county medical examiner, a funeral director, or the state registrar. The burial-transit permit shall be obtained prior to the removal of the dead human body or fetus from the place of death and shall accompany the body or fetus to the place of final disposition. The person responsible for obtaining the burial-transit permit shall provide the permit to the person in charge of the place of final disposition.

       97.12(3) The person in charge of the place of final disposition shall ensure that all of the requirements of this chapter relative to the burial-transit permit have been complied with before the final disposition of the remains. Such person shall retain the burial-transit permit for a period of one year from the date of the final disposition.

       97.12(4) The burial-transit permit shall not be issued prior to the presentation of the completed certificate of death or certificate of fetal death.

       97.12(5) A burial-transit permit shall not be issued to a person other than a licensed funeral director if the death or fetal death was caused by a suspected or known communicable disease as defined by Iowa Code section 139A.2.

       97.12(6) In cases in which a fetus has reached the gestation period of 20 completed weeks or more, or a weight of 350 grams or more, a burial-transit permit shall be obtained prior to the final disposition of the fetus.

[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]