58-9-618. Limitation of liability.
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Effective 5/8/2018
58-9-618. Limitation of liability.
(1)An authorizing agent who signs an alkaline hydrolysis authorization form warrants the truthfulness of the facts set forth on the form, including:
(a)the identity of the deceased whose remains are to undergo the alkaline hydrolysis process; and
(b)the authorizing agent's authority to order the alkaline hydrolysis process.
(2)A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection
(1).
(3)The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection
(1).
(a)A funeral service establishment may arrange for the alkaline hydrolysis process upon receipt of an alkaline hydrolysis authorization form signed by an authorizing agent.
(b)A funeral service establishment that arranges the alkaline hydrolysis process or releases or disposes of human remains from the alkaline hydrolysis process pursuant to an alkaline hydrolysis authorization form is not liable for an action the funeral service establishment takes pursuant to that authorization.
(5)A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains.
(6)A funeral service establishment may refuse to arrange for the alkaline hydrolysis process of a decedent, to accept human remains for the alkaline hydrolysis process, or to perform the alkaline hydrolysis process:
(a)if the establishment is aware of a dispute concerning the disposition of the human remains and the funeral service establishment has not received a court order or other suitable confirmation that the dispute has been resolved;
(b)if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or
(c)for any other lawful reason.
(a)If a funeral service establishment is aware of a dispute concerning the release or disposition of remains from the alkaline hydrolysis process in the funeral service establishment's possession, the establishment may refuse to release the remains until:
(i)the dispute has been resolved; or
(ii)the funeral service establishment has received a court order authorizing the release or disposition of the remains.
(b)A funeral service establishment is not liable for its refusal to release or dispose of remains from the alkaline hydrolysis process in accordance with this Subsection
(7).
Enacted by Chapter 326 , 2018 General Session