Originally assigned to JUDE                                                                                         AS PASSED BY HOUSE

Now GOV-related

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1048

 

cruelty to working animals; classification

(Previous Now: county animal control agencies; bequests)

(NOW: counties; cremation; indigent deceased person

As Passed by the Senate, S.B. 1048 allowed a county board of supervisors to receive any gift, bequest or devise for the county enforcement agency, county animal control agency or county pound.

The House of Representatives adopted a strike-everything amendment that does the following:

Purpose

Allows the county medical examiner or alternate medical examiner to retain the body of an indigent deceased person and supervise the cremation at a licensed crematory that is owned and operated by the county. Modifies fingerprint submission requirements for licensure of funeral industry professionals and training requirements for a licensed physician supervising pathology training.

Background

The county medical examiner or alternate medical examiner of a county must direct death investigations and, on a determination that the circumstances of the death provide sufficient jurisdiction, take charge of the body of the deceased. The county medical examiner or alternate medical examiner may authorize forensic pathologists to perform examinations and autopsies When a death investigation has been completed and no other person takes charge of the body of the deceased, the body must be delivered to a funeral establishment that is geographically closest to the place where the body is pronounced dead for preservation, disinfection and final disposition. If the estate of the indigent deceased cannot pay the necessary expenses for a burial, then the expenses are charged against the county. Upon determination of indigency, the funeral establishment must perform the normal county indigent burial or release the body to the funeral establishment designated by the county for other indigent burials (A.R.S. §§ 11-594 and 11-600).

Laws 2022, Chapter 82 allows the county medical examiner or alternate medical examiner to authorize pathologist assistants to assist with performing autopsies under the direct supervision of a licensed physician who is board-certified in forensic pathology, in accordance with procedures adopted by the county or alternate medical examiner.

The Arizona Department of Health Services (DHS) enforces funeral service regulations, collects regulatory fees and administers licensure and registration of funeral establishments and professionals, including cremationists, crematory, alkaline hydrolysis facilities and alkaline hydrolysis operators. An applicant for funeral industry professionals must submit a completed fingerprint card, criminal history background information and fingerprint background check fee to DHS to enable DHS or the Arizona Department of Public Safety (DPS) to conduct a criminal records check (DHS; A.R.S. Title 32, Chapter 12).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows the county medical examiner or alternate medical examiner to retain the body of an indigent deceased person and supervise the cremation at a licensed crematory that is owned and operated by the county.

2.   Requires the outlined cremation to be performed by a responsible and licensed cremationist.

3.   Requires the director of a county's health department, if the county medical examiner or alternate medical examiner is the person responsible for supervising the cremation of an indigent deceased person's remains, to designate a county employee who qualifies for access to vital records systems other than the county medical examiner, an alternate medical examiner or an employee that reports to either medical examiner to submit the death certificate for registration.

4.   Allows the county medical examiner or alternate medical examiner to authorize medical students or residents and fellows in pathology training to perform autopsies under the supervision of a licensed physician who is trained in forensic pathology, rather than
board-certified in forensic pathology.

5.   Requires an applicant for an alkaline hydrolysis operator license, funeral establishment license, cremationist license or crematory license to submit a full set of fingerprints, rather than a completed fingerprint card, to DHS for the purpose of conducting a state and federal criminal records check.

6.   Allows DPS to exchange the fingerprint data with the Federal Bureau of Investigation.

7.   Requires, if the applicant for a crematory license is a county, the county medical examiner or alternate medical examiner to submit the application on the county's behalf.

8.   Specifies that the prohibition on a person advertising or engaging in funeral directing, cremation, alkaline hydrolysis or embalming without a valid license does not prohibit a county medical examiner or alternate medical examiner from supervising the cremation of an indigent deceased person.

9.   Makes technical and conforming changes.

10.  Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

· Adopted the strike-everything amendment relating to a county medical examiner.

House Action

GOV               3/19/25      DPA/SE    6-1-0-0

3rd Read          5/7/25                          49-7-4

Prepared by Senate Research

May 9, 2025

AN/SDR/slp