S3007

An Act concerning the natural organic reduction of human remains and amending and supplementing P.L.1952, c.340.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1952, c.340 (C.45:7-34) is amended to read as follows:

3. As used in this act:

(a) "Board" means the State Board of Mortuary Science of New Jersey.

(b) "Embalming" means the disinfecting or preservation of a dead human body, entirely or in part by the use of chemical substances, fluids or gases in the body, or by introduction of the same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities.

(c) "Funeral directing" means (1) the engaging in or conducting or holding one's self out as being engaged in or conducting the preparation (other than embalming) for burial or disposal and the direction or supervision of burial or disposal of dead human bodies; or (2) maintaining, using or operating a mortuary; or (3) in connection with one's name or mortuary using the words "mortician" or "funeral director" or "undertaker" or any other words or title of like import or signification.

"Funeral directing" also means the engaging in or making, or holding one's self out as being engaged in or making, funeral arrangements, including at need funeral arrangements or preneed funeral arrangements; or the offering or holding one's self out as offering the opportunity to purchase or enroll in a prepaid funeral agreement. As used in this definition, "funeral arrangements," "at need funeral arrangements," "preneed funeral arrangements" and "prepaid funeral agreement" shall have the same meaning as they are defined in section 1 of P.L.1993, c.147 (C.45:7-82).

(d) "Mortuary science" means embalming and funeral directing, as the same are herein defined.

(e) "Embalmer" means a qualified person who practices or engages in embalming, as the same is herein defined.

(f) "Funeral director" includes "undertaker" and "mortician" and means a qualified person who practices or engages in funeral directing, as the same is herein defined.

(g) "Practitioner of mortuary science" means a qualified person who practices or engages in mortuary science, as the same is herein defined and who (1) shall be licensed under the provisions of [this act] section 19 of P.L.1952, c.340 (C.45:7-50) as a practitioner of mortuary science, or (2) holds a license as both an embalmer and a funeral director under the provisions of any prior law or laws of this State, or (3) holds a license as an embalmer under the provisions of any prior law or laws of this State and shall have been licensed under the provisions of section [21 of P.L.1952, c.340 (C.45:7-52)] 18 of P.L.1952, c.340 (C.45:7-49) as a funeral director, or (4) holds a license as a funeral director under the provisions of any prior law or laws of this State and shall have been licensed under the provisions of section [21 of P.L.1952, c.340 (C.45:7-52)] 18 of P.L.1952, c.340 (C.45:7-49) as an embalmer.

(h) "Mortuary" means any place or premises devoted to or used in the care and preparation for burial, disposition, or transportation of dead human bodies, or any specifically designated location or address where any person or persons shall hold forth that he, she, or they are engaged in the practice of mortuary science, embalming or funeral directing, and shall mean and include any premises of any kind whatsoever in which mortuary science in any of its branches is practiced or in which more than five funerals may be conducted in any calendar year, except publicly owned buildings, places of worship and meeting places of fraternal organizations.

(i) "Registered trainee" means a person who is duly registered with the board and who is engaged in the State of New Jersey in learning to practice as a practitioner of mortuary science under the personal instruction and supervision of a person duly licensed as a practitioner of mortuary science and who has an annual case volume as hereinafter provided in section 18 of [this act] P.L.1952, c.340 (C.45:7-49).

(j) “Natural organic reduction” or “controlled supervised decomposition” means the contained, accelerated conversion of human remains into a soil-like product.

(k) “Natural organic reduction facility” means a secure structure, room, or other space within a registered mortuary, or on registered mortuary property devoted to the process of natural organic reduction of a human body.

(cf: P.L.1993, c.147, s.14)

2. Section 7 of P.L.1952, c.340 (C.45:7-38) is amended to read as follows:

The board is authorized and empowered to adopt such rules and regulations, not inconsistent with this entire act or any amendment or supplement which may hereafter be adopted, as shall be reasonably proper and advisable for the promotion or improvement of the standards of service, protection and practice to be followed in the practice of mortuary science, embalming, natural organic reduction, and funeral directing by individuals, corporations, partnerships and associations in the State of New Jersey, and for and in the interest, preservation and improvement of the public health, morals, safety and welfare.

In addition to the powers otherwise herein granted to the board, the board is specifically empowered to adopt rules and regulations concerning the following:

(a) the manner in which a mortuary or funeral establishment is conducted,

(b) establish minimum requirements for a preparation room and as to the manner in which it shall be maintained,

(d) trainees, apprentices and preceptors,

(e) unethical or unprofessional conduct,

(f) practice of mortuary science by individuals, corporations, partnerships and associations,

(g) establish minimum requirements for a natural organic reduction facility and as to the manner in which it shall be maintained, and the minimum requirements for the process for conducting natural organic reduction.

(cf: P.L.1960, c.184, s.4)

3. Section 24 of P.L.1952, c.340 (C.45:7-55) is amended to read as follows:

24. Every individual, partnership, or corporation which operates or maintains within this State a mortuary or natural organic reduction facility, or which in the usual and regular course of his or its practice makes use of a mortuary or natural organic reduction facility owned, operated, or maintained by another shall annually apply to the board for a certificate of registration for each mortuary and natural organic reduction facility operated, maintained, or used by the applicant and shall report under oath any facts requested by the board, and such individual, partnership, or corporation shall pay an annual registration fee of $25.00 for each such mortuary or natural organic reduction facility. Upon verification of the statements thus reported and the receipt of the requisite fee, the board shall issue a certificate of registration which shall bear date of January 1 for the year of issue and shall expire on December 31 of such year. No mortuary shall be operated, maintained, or used at any location by any person, firm or corporation at any location not specified in a certificate of registration issued under this section.

(cf: P.L.1967, c.245, s.2)

4. (New section) No person shall operate, maintain, or use a natural organic reduction facility within this State unless:

a. the individual, partnership, or corporation annually registered with the board in accordance with the provisions of section 24 of P.L.1952, c.340 (C.45:7-55);

b. the certificate of registration issued by the board shall be conspicuously displayed within the natural organic reduction facility;

c. the license of the natural organic reduction operator of the natural organic reduction facility, shall be conspicuously displayed within the facility;

d. the facility shall be under the immediate and personal supervision, direction, management, and control of a person duly licensed as a practitioner of mortuary science, under the provisions of P.L.1952, c. 340 (C.45:7-32 et seq.), or of a person duly licensed as a funeral director under the provisions of P.L.1952, c. 340 (C.45:7-32 et seq.) or of any prior law of this State; and all natural organic reduction shall be under the immediate and personal supervision, direction, management, and control of a person duly licensed as a practitioner of mortuary science, under the provisions of P.L.1952, c. 340 (C.45:7-32 et seq.), or of a person duly licensed as a funeral director under the provisions of P.L.1952, c. 340 (C.45:7-32 et seq.) or of any prior law of this State; and

e. the construction, maintenance and operation of the facility shall conform to the rules and regulations of the board promulgated to safeguard and promote public health, safety, morals and welfare.

5. This act shall take effect on the first day of the 10th month next, except that the director may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill allows for the natural organic reduction or controlled supervised decomposition of deceased individuals. Provisions in current law addressing embalming and funeral directing are updated under the bill to incorporate the creation and regulation of natural organic reduction facilities and the oversight of the organic reduction process. The bill stipulates the information a mortuary company is to submit to the New Jersey State Board of Mortuary Science for approval for the construction and operation of a natural organic reduction facility and how a facility is to manage the transfer of remains and the reduction process. The bill also authorizes the board to create regulations and inspect facilities.