CONCORD - Gov. John Lynch's Crematory Task Group today released comprehensive recommendations to improve the oversight of crematoriums in the state.

Gov. Lynch formed the task group after the discoveries at the Bayview Crematorium in Seabrook this winter.

"Like many New Hampshire citizens, I was deeply disturbed by the discoveries at the Bayview crematorium in Seabrook. Families coping with the loss of a loved one should know that their family members will be treated with respect and dignity," Gov. Lynch said.

"I will work closely with the legislature to implement these recommendations so that families will know that cremations in New Hampshire are conducted respectfully and carefully," Gov. Lynch said.

The Task Group recommended:

Requiring the Licensing of Crematory Owners: Although, funeral directors and embalmers are currently licensed, crematory owners are not. Instead, Health and Human Services and local officials must approve plans prior to construction, and HHS must inspect the crematory and approve its use after construction. The Task Group recommends that New Hampshire law be amended to provide for the licensing of crematory owners through the State board governing funeral directors and embalmers.

Under the Task Group's recommendations, the board would be granted rule-making authority relative to the construction of crematories; the inspection and licensing of crematories; the operation of crematories; educational and training requirements for crematory operators; and receiving and investigating complaints.

Put in Place Safeguards to Detect Unlicensed Facilities: To ensure that unlicensed facilities do not operate in the State of New Hampshire, the Task Group recommended a number of new safeguards, including 1) on-site posting of crematory licenses; 2) requiring any person who transports human remains to a crematory to possess a copy of the valid and unexpired crematory license; and 3) public dissemination of any denial, suspension, revocation or non-renewal of a crematory license.

Require Regular Inspections of Crematoriums: The Task Group recommended that the State Board of Registration of Funeral Directors and Embalmers establish routine and comprehensive inspections of crematoriums, taking place at least every two to three years.

Strengthen Consumer Protection Laws: The Task Group recommended strengthening the state's consumer protection laws to 1) prohibit the commingling of cremated remains; 2) require a non-combustible body tag identification system; 3) add education and training requirements for crematory operators; 4) create an enhanced enforcement system for addressing unacceptable operations at a crematory; and 5) require mandatory compliance testing for public health, occupational health and environmental standards.

A copy of the task force's full report is below.

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GOVERNOR'S CREMATORY TASK GROUP
EXECUTIVE SUMMARY REPORT AND RECOMMENDATIONS
OCTOBER 10, 2005

A. Introduction

On February 24, 2005, Governor John Lynch formed this task group to investigate procedures regarding the licensing and inspection of crematories in New Hampshire. He requested the task group to make recommendations for improving the oversight of crematories in New Hampshire. He also called for a careful examination of steps that could be taken to ensure New Hampshire citizens that all cremation services in this state will be provided in a manner that prioritizes the respectful and dignified treatment of our deceased loved ones.

Discoveries at Bayview Crematorium in Seabrook, NH prompted Governor Lynch to form this task group. On February 23, 2005, law enforcement authorities discovered that Bayview was operating as an unapproved crematory. Under existing law, and prior to commencing operations, each crematory must obtain a letter of approval from the New Hampshire Department of Health and Human Services (DHHS). Bayview had never applied for or received its letter of approval from DHHS. Inside the facility, investigators discovered a decomposing body, a broken refrigeration unit, and other conditions of concern. The Rockingham County Superior Court immediately ordered Bayview to cease operations. Bayview remains under criminal investigation.

B. Summary of Work Completed

The Governor's Task Group identified six major areas of focus and established work groups to provide analysis and direction in each area.

1. Public Health and Occupational Health: The State's epidemiologist at DHHS, working in conjunction with the Office of the Chief Medical Examiner (OCME) and the Department of Environmental Services (DES), immediately evaluated whether discoveries at Bayview presented any ongoing threats to public health or worker health. They concluded that the conditions at Bayview did not create ongoing public health or occupational health hazards.

2. Crematorium Inspection Team (CIT): The CIT, consisting of specialists across state government, inspected all 14 crematories in New Hampshire within 30 days to assess present compliance with state laws and the administrative rules of several state agencies, including DHHS, OCME and DES. The CIT notified each crematory of the results of the inspection, and the CIT issued corrective action directives whenever technical deficiencies were found. These inspections revealed generally that crematories in New Hampshire are operating in compliance with state laws and administrative rules, and technical deficiencies were discovered infrequently. The CIT provided recommendations for improved regulatory control over the inspection of crematories. DHHS issued renewed letters of approval in May 2005 to all cremation facilities operating in New Hampshire, after confirmation of full compliance with corrective action directives.

3. Consumer Protection Work Group: This work group completed a comparative review of crematory laws in all 50 states to identify and evaluate legislation designed to protect consumers who utilize cremation services. The work group made recommendations to strengthen consumer protection laws in New Hampshire.

4. Gap Analysis Work Group: This interagency group conducted a critical review of each state agency's role in the oversight of crematories. The group evaluated the interplay of regulatory responsibilities between state agencies; the coordination of communications between experts in various agencies; staffing and resource needs; as well as recommendations for regulatory improvements.

5. Licensing and Regulation Work Group: This work group provided guidance to individual agencies tasked with drafting updated administrative rules regarding crematories. DHHS and OCME made comprehensive proposed changes to its administrative rules for consideration by the Joint Legislative Committee on Administrative Rules. DES administrative rules did not require revisions. In addition, this work group drafted legislative proposals for implementing the major recommendations of the task group.

6. Family Support Line: DHHS established a family support line and responded to 276 phone calls from individuals with questions or seeking information about the cremation of loved ones.

C. Summary of Recommendations

The Governor's Task Group submits the following recommendations for consideration.

Recommendation #1 - Require Licensing of Crematory Owners.

Owners of crematories in New Hampshire should be licensed to operate necessary appliances and facilities for the disposal by incineration of dead human bodies. Presently, New Hampshire law does not require licensure. Instead, prior to construction of a crematory, DHHS and the local town/city must approve plans, and after construction, DHHS must also inspect the crematory and approve its use. After initial approval, New Hampshire law does not require any re-evaluation or renewal procedure for continued maintenance and use of the facility. Funeral directors and embalmers have licensure requirements. New Hampshire law should be amended to provide for a comprehensive licensing framework for crematory owners as well.

Recommendation #2 -Implement Safeguards to Detect Unlicensed Facilities.

In order to prevent an unapproved facility, such as Bayview, from operating without detection in the future, safeguards should be implemented to enhance the detection of illegal operators. These safeguards should include the following: (1) on-site posting of crematory licenses; (2) any person who transports a deceased human body to a crematory should be required to possess a copy of the valid and unexpired crematory license issued to the crematory; (3) administrative orders regarding the denial, suspension, revocation or non-renewal of a crematory license should be publicly disseminated.

Recommendation #3 - Coordinate Oversight Through State Board of Registration of Funeral Directors and Embalmers

Funeral directors and embalmers are licensed and inspected by the state board of registration of funeral directors and embalmers ("the board"), which board is administratively attached to DHHS. The board does not license or inspect crematories. New Hampshire law should be amended to authorize the board to license and inspect crematories to ensure compliance with state law and administrative rules. The board should be granted rule making authority relative to the construction of crematories; the inspection and licensing of crematories, including application requirements and applicable fees; the operation of crematories; educational requirements and training requirements; the receipt of complaints and handling of investigations; denials, suspensions and revocations of licenses; orders of closure; a schedule of administrative fines imposed for violations of state law or administrative rules; and procedures for notice and hearing prior to the suspension or revocation of a license or the imposition of administrative fines.

Recommendation #4 - Require Regular Inspections Pursuant to Established Inspection Criteria.

The Crematory Inspection Team completed comprehensive inspections of all New Hampshire crematories within 30 days. The CIT also established inspection checklists, criteria and protocols for ensuring that crematory inspections are performed in a consistent and comprehensive fashion. Routine inspections should occur every 2-3 years, unless a complaint is received warranting an immediate inspection. In addition, crematories should be required to maintain written policies and procedures manuals that ensure compliance with manufacturer specifications, accepted industry practices, and public health and environmental regulations.

Recommendation #5 - Strengthen Consumer Protection Laws

New Hampshire should strengthen its consumer protection laws to ensure that the public has full confidence that cremations will be completed with the utmost respect and dignity for our deceased citizens and their families. Recommended improvements include (1) a prohibition against commingling of cremated remains during cremation, (2) a statutory requirement for all crematories to implement use of a non-combustible body tag identification system to ensure proper identification of cremated remains; (3) education and training requirements for owners and operators; (4) an enhanced enforcement system of suspensions and administrative fines for addressing unacceptable operations at a crematory, such as a crematory owner's demonstrated unfitness to operate a crematory, the misuse of cremation chamber appliances, falsification of license applications, non-compliance with air quality, solid waste and infectious waste environmental standards, and repeat violations; and (5) mandatory compliance testing for public health, occupational health and environmental standards, including air quality, solid waste and infectious waste standards.