Ariz. Admin. Code § R9-19-308 - Disposition-transit Permits

A. A local registrar or deputy local registrar shall collaborate with the State Registrar to ensure that a funeral establishment or responsible person is able to obtain a disposition-transit permit during hours when the office of the local registrar or deputy local registrar is not open for business.

A. B. A funeral establishment or responsible person shall obtain a disposition-transit permit for human remains from a deceased individual or a fetal death before a final disposition of the human remains is initiated.

1. A disposition-transit permit may list more than one final disposition.

2. A disposition-transit permit issued by the State Registrar or any local registrar or deputy local registrar is valid for each final disposition listed on the disposition-transit permit of the human remains in any registration district in the state or, if listed on the disposition-transit permit, for removal from the state.

3. A crematory shall not accept human remains for cremation unless the accompanying disposition-transit permit specifies cremation as a final disposition.

B. Except as provided in subsection (D), a funeral establishment or responsible person shall submit the following information to the local registrar or deputy local registrar of the county where the death occurred or the state registrar to obtain a disposition-transit permit for a deceased individual's human remains:

1. The deceased individual's name, sex, and date of birth;

2. The date of death;

3. The town or city, county, and state where the death occurred;

4. The cause of death as listed on the deceased individual's medical certification of death;

5. The anticipated final disposition of the human remains

a. Burial,

b. Entombment,

c. Anatomical gift of the human remains except for donation of a part,

d. Cremation,

e. Removal from the state, and

f. Other final disposition of the human remains;

6. If an anticipated final disposition is anatomical gift, except for donation of a part, another anticipated final disposition other than removal from the state;

7. If an anticipated final disposition is removal from the state:

a. Whether removal from the state includes removal from the United States, and

b. Another anticipated final disposition, other than anatomical gift except for donation of a part;

8. If an anticipated final disposition of the human remains is another means of final disposition, a description of the anticipated final disposition;

9. If applicable, the name of the funeral establishment; and

10. The name of the funeral director or responsible person in charge of the final disposition of the human remains.

C. If cremation is listed as an anticipated final disposition for a deceased individual's human remains, a local registrar, deputy local registrar, or the state registrar shall obtain an approval for cremation from the medical examiner of the county where the deceased individual's death occurred before issuing a disposition-transit permit.

D. To obtain a disposition-transit permit for human remains from a fetal death, a funeral establishment or responsible person shall submit the following information to the local registrar or deputy local registrar of the county where the fetal death occurred or the state registrar:

1. The name of the mother;

2. The date of delivery;

3. The estimated gestational age of the human remains or, if the gestational age is unknown, the weight of the human remains;

4. Whether the anticipated final disposition is hospital or abortion clinic disposition;

5. If the anticipated final disposition is not hospital or abortion clinic disposition, the anticipated final disposition of the human remains,

a. Burial,

b. Entombment,

c. Anatomical gift of the human remains except for donation of a part,

d. Cremation,

e. Removal from the state, and

f. Other final disposition of the human remains;

6. If an anticipated final disposition is anatomical gift except for donation of a part, another anticipated final disposition other than removal from the state;

7. If an anticipated final disposition is removal from the state:

a. Whether removal from the state includes removal from the United States, and

b. Another anticipated final disposition, other than anatomical gift except for donation of a part;

8. If an anticipated final disposition of the human remains is another means of final disposition, a description of the anticipated final disposition;

9. If applicable, the name of the funeral establishment; and

10. The name of the funeral director or responsible person in charge of the final disposition of the human remains.

E. If cremation is listed as an anticipated final disposition for human remains from a fetal death with a gestational age of 20 weeks or more, or if the gestational age is unknown, a weight of 350 grams or more, a local registrar, deputy local registrar, or the state registrar shall obtain an approval for cremation from the medical examiner of the county where the fetal death occurred before issuing a disposition-transit permit.

F. A local registrar, deputy local registrar, or the state registrar shall not issue a disposition-transit permit for a deceased individual if a medical certification of death for the deceased individual required in R9-19-303 has not been submitted to the local registrar of the county where the death occurred.

C. The State Registrar or the local registrar or deputy local registrar of the county where a death or fetal death occurred shall not issue a disposition-transit permit to a funeral establishment or responsible person for the human remains from the deceased individual or the fetal death unless:

1. For the human remains from the deceased individual:

a. A medical certification of death for the deceased individual, required in R9-19-303(C)(2) or R9-19-304(B), has been submitted to the local registrar of the county where the death occurred; and

b. The following information is contained in the deceased individual's death record:

i. The deceased individual's name, sex, and date of birth;

ii. The date of death;

iii. The town or city, county, and state where the death occurred;

iv. The cause of death as listed on the deceased individual's medical certification of death;

v. The anticipated final disposition of the human remains as specified in R9-19-302(A)(1)(w) through (z);

vi. If applicable, the name of the funeral establishment; and

vii. The name of the funeral director or responsible person in charge of the final disposition of the human remains;

2. For the human remains from the fetal death, the following information is contained in the deceased's fetal death record:

a. The name of the mother;

b. The date of delivery;

c. The estimated gestational age of the human remains or, if the gestational age is unknown, the weight of the human remains;

d. The anticipated final disposition of the human remains, as required in R9-19-305(B)(1)(p) through (s);

e. If applicable, the name of the funeral establishment; and

f. The name of the funeral director or responsible person in charge of the final disposition of the human remains;

3. If the information in the death record or fetal death record, as applicable, indicates that the death or fetal death may have occurred under a circumstance in A.R.S. § 11-593(A), the medical examiner has, as applicable:

a. Signed the medical certification of death;

b. Submitted the information in R9-19-306(B); or

c. Notified the State Registrar, local registrar, or deputy local registrar according to R9-19-304(A)(1)(c) or R9-19-306(A)(1)(c); and

4. If cremation is listed as an anticipated final disposition for the human remains, the State Registrar or a local registrar or deputy local registrar has obtained an approval for cremation from the medical examiner of the county where the death or fetal death occurred.

D. A person who submitted the information to request a disposition-transit permit shall not have the right to appeal, as prescribed in A.R.S. Title 41, Chapter 6, Article 6, the State Registrar's determination to deny a request for a disposition-transit permit if the human remains of a deceased individual or from a fetal death have been transported for final disposition before the person who submitted the information receives the written notice specified in R9-19-103(E)(2)(c) .

Notes

Ariz. Admin. Code § R9-19-308

Adopted effective March 30, 1976 (Supp. 76-2). Former Section R9-19-308 renumbered and amended as Section R9-19-310, former Section R9-19-306 renumbered as Section R9-19-308 effective February 20, 1980 (Supp. 80-1). Amended effective July 31, 1989 (Supp. 89-3). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4). Renumbered from R9-19-302 by final rulemaking at 22 A.A.R. 1783, effective 10/1/2016.