Kansas Statutes 65-1765. Failure to remove pacemaker or hazardous implants; liability for damage
Terms Used In Kansas Statutes 65-1765
- Authorizing agent: means a person legally entitled to authorize the cremation and final disposition of specific dead human bodies as defined in Kan. See Kansas Statutes 65-1760
- Cremation: means the mechanical and/or other dissolution process that reduces human remains to bone fragments. See Kansas Statutes 65-1760
- Crematory: means a business premises that houses the cremation chamber and holding facility where dead human bodies are cremated. See Kansas Statutes 65-1760
- Crematory operator: means a person who is engaged in, conducting or holding oneself out as engaged in or conducting, the business of cremation. See Kansas Statutes 65-1760
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dead human body: means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred. See Kansas Statutes 65-1760
- Funeral director: means a person who holds a current license as a funeral director issued by the board. See Kansas Statutes 65-1760
If an authorizing agent informs the funeral director, assistant funeral director, embalmer, crematory operator or the crematory operator in charge on the cremation authorization form of the presence of a pacemaker or hazardous implant in the dead human body such informed person shall be responsible for ensuring that all necessary steps have been taken to remove the pacemaker or hazardous implant. Should anyone who delivers a dead human body to a crematory after being informed that a pacemaker or hazardous implant is within the dead human body fail to ensure that the pacemaker or hazardous implant has been removed from the dead human body pursuant to subsection (b) of Kan. Stat. Ann. § 65-1762, and amendments thereto, prior to delivery, and should the dead human body be cremated with the pacemaker or hazardous implant, then such individual who delivered the dead human body to the crematory shall be liable for all resulting damages.