S.C. Code § 32-8-300
Short title
This chapter may be cited as the "Safe Cremation Act".
South Carolina Code Title 32, Chapter 8 — Cremation Authorizations and Procedures
South Carolina · statute · S.C. Code tit. 32, ch. 8 · 18 active provisions
S.C. Code § 32-8-305
Definitions
As used in chapter: (1) "Alternative container" means a receptacle, other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be: (a) composed of readily combustible materials suitable for cremation; (b)…
S.C. Code § 32-8-310
Crematory; compliance with local zoning regulations
A crematory may be constructed on the grounds of a funeral establishment and must be in compliance with local zoning regulations.
S.C. Code § 32-8-315
Execution of a cremation authorization form
(A) A person may authorize his or her own cremation and the final disposition of his or her cremated remains by executing a cremation authorization form. A person has the right to revoke this authorization at any time by providing written notice to the funeral establishment which assisted the person in making these arr…
S.C. Code § 32-8-320
Persons who may serve as a decedent's agent; authorize cremation
(A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent: (1) the person designated as agent for this purpose by the decedent in a will or other verified and attested document, or a person named i…
S.C. Code § 32-8-325
Prerequisites; authority; and receipt of instructions for cremation
(A) A crematory authority shall not cremate human remains until it has received all of the following: (1) An abstract of information from a filed death certificate available on the electronic vital records system or a certified copy of the death certificate; however, if the decedent was pronounced dead during hours the…
S.C. Code § 32-8-330
Crematory to retain permanent records
(A) The crematory authority shall furnish to the person who delivers human remains to the crematory authority a receipt as prescribed by the board signed by the crematory authority or representative and the person who delivers the human remains. It must show the name of the decedent, the date and time of delivery, type…
S.C. Code § 32-8-335
"Alternative container"
(A) A crematory authority and funeral establishment may require a decedent's agent to purchase an alternative container to contain the human remains before cremation but may not require the agent to purchase a casket before cremation for viewing or the actual cremation. (B) No crematory authority may accept human remai…
S.C. Code § 32-8-340
Conditions for cremation, time period prior to cremation
(A) Human remains may not be cremated before twenty-four hours have elapsed from the time of death as indicated on the attending physician's, medical examiner's, coroner's certificate of death, or an abstract of information from a filed death certificate available on the electronic vital records system. However, if it…
S.C. Code § 32-8-345
Crematory authority or licensed funeral establishments responsibility for the final disposition of the cremated remains
(A) The agent or a licensed funeral establishment or crematory authority is responsible for the final disposition of the cremated remains. (B) Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in a scattering area, or in any manner on the private property of a consenting owner.…
S.C. Code § 32-8-350
Crematory's liability for damages
(A) A crematory authority is not liable for damages arising from cremating the human remains designated by a cremation authorization form if the form complies with Section 32-8-325 and if the cremation is performed in accordance with this chapter. (B) A crematory authority is not liable for damages resulting from refus…
S.C. Code § 32-8-355
Human remains; presence of pacemaker
If a decedent's agent informs the funeral establishment on the cremation authorization form of the presence of a pacemaker in the human remains, the funeral establishment must ensure that all necessary steps have been taken to remove the pacemaker before delivering the human remains to the crematory authority. If the f…
S.C. Code § 32-8-360
Boards; refusal to issue or renew license; suspension or revocation of a funeral director or embalmer
(A) The board may refuse to issue or renew the license or may suspend or revoke the license of a funeral director or embalmer who violates a provision of this chapter. (B) A person who violates a provision of this chapter is subject to a civil fine of up to twenty-five thousand dollars. A licensed funeral director or e…
S.C. Code § 32-8-365
Solicitation
Solicitations under this chapter are governed by Sections 32-7-90 and 40-19-180.
S.C. Code § 32-8-370
Comprehensive cremation statute
This chapter must be construed and interpreted as a comprehensive cremation statute, and the provisions of the article take precedence over any existing laws containing provisions applicable to cremation but that do not specifically or comprehensively address cremation.
S.C. Code § 32-8-375
Continuing education courses for removal and disposition of pacemakers
The board shall offer or arrange for continuing education courses addressing the removal and disposition of pacemakers by licensed embalmers.
S.C. Code § 32-8-380
Promulgate regulations
The South Carolina State Board of Funeral Service shall promulgate regulations to carry out the provisions of this chapter including, but not limited to, the regulation of crematories whether or not constructed on the grounds of a funeral establishment.
S.C. Code § 32-8-385
Requirement for at least one trained individual in performing cremations
(A) A crematory is required to have in its employ at least one individual who has been trained in performing cremations by the licensed crematory authority who is his employer, and also by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation o…