CHAPTER 164

FORMERLY

SENATE BILL NO. 174

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER III, CHAPTER 31, TITLE 16, DELAWARE CODE, RELATING TO PERMIT FOR CREMATION: ISSUANCE, RETENTION AND INSPECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3162(a), Chapter 31, Title 16, Delaware Code, by

deleting the present subsection in its entirety and inserting a new subsection to read as follows:

"(a) A body may be cremated only after the preparation of a special cremation permit signed by the chief medical examiner or an assistant or deputy medical examiner. In the presentation of the cremation permit to the chief medical examiner or his representative for signature, the permit must be accompanied by a death certificate signed by the attending physician and by a cremation authorization signed by the next of kin or legal representative of the deceased. The signature of the chief medical examiner or his representative to the cremation permit shall constitute his affirmation that there is no medical reason why the cremation should not take place. The chief medical examiner or an assistant or deputy medical examiner shall have the authority to hold the' remains of the deceased pending any investigation into the cause and manner of death."

Approved July 11, 1991.