DEFINITIVE IDENTIFICATION – Amends existing law to provide for the confirmation that a decedent has been definitively identified prior to cremation.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1392
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
MORTICIANS,
FUNERAL
DIRECTORS,
AND
EMBALMERS;
AMENDING
SEC
-
2
TION
54
-
1143,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
DEFINITIVE
3
IDENTIFICATION
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
54
-
1143,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
54
-
1143.
RIGHT
TO
RELY
-
-
DEFINITIVE
IDENTIFICATION
.
(1)
Any
person
9
signing
a
funeral
service
agreement
or
cremation
authorization
form
or
any
10
other
authorization
for
disposition,
whether
part
of
a
prearranged
funeral
1
1
plan
or
at
time
of
death,
shall
be
deemed
to
warrant
the
truthfulness
of
any
12
facts
set
forth
therein,
including
the
identity
of
the
deceased
whose
re
-
13
mains
are
sought
to
be
buried
or
cremated
and
the
signer's
authority
to
order
14
such
disposition.
15
(2)
A
funeral
establishment,
cemetery
,
or
crematory
establishment
16
shall
have
the
right
to
rely
on
such
authorization
and
shall
have
authority
17
to
dispose
of
human
remains
upon
the
receipt
of
an
authorization
form
signed
18
by
the
decedent
or
by
the
person
having
the
right
to
control
disposition
as
19
set
forth
in
section
54
-
1142,
Idaho
Code,
or
upon
authorization
by
the
county
20
coroner
pursuant
to
section
31
-
2802,
Idaho
Code
,
as
long
as
such
funeral
21
establishment,
cemetery,
or
crematory
establishment
also
complies
with
the
22
provisions
of
subsections
(3)
and
(4)
of
this
section
.
There
shall
be
no
lia
-
23
bility
of
a
funeral
establishment,
cemetery
or
crematory
establishment
that
24
disposes
of
human
remains
pursuant
to
such
authorization,
or
that
releases
25
or
disposes
of
the
remains
pursuant
to
such
authorization.
26
(3)
Prior
to
making
an
application
for
cremation,
a
funeral
establish
-
27
ment,
cemetery,
or
crematory
establishment
shall
verify
that
a
definitive
28
identification
of
the
decedent
has
been
made
by
an
attending
physician,
29
physician
assistant,
advanced
practice
professional
nurse,
or
the
county
30
coroner
pursuant
to
the
provisions
of
section
39
-
260,
Idaho
Code.
31
(4)
Prior
to
performing
a
cremation,
a
funeral
establishment,
ceme
-
32
tery,
or
crematory
establishment
shall
verify
that
the
decedent
to
be
33
cremated
is
the
same
individual
who
was
definitively
identified
as
provided
34
for
in
subsection
(3)
of
this
section.
35
(5)
For
the
purposes
of
this
section,
"definitive
identification"
36
means
to
verify
an
individual's
identity
definitively
or
with
high
confi
-
37
dence
through
a
method
such
as
fingerprinting,
DNA
analysis,
government
-
is
-
38
sued
photographic
identification,
or
a
visual
identification
by
a
legal
next
39
of
kin
to
confirm
that
an
individual
is
accurately
identified.
40

2
(6)
There
shall
be
no
liability
for
a
funeral
establishment,
cemetery,
1
or
crematory
establishment
that
disposes
of
human
remains
in
compliance
with
2
the
provisions
of
this
section.
3
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
4
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
5
July
1,
2026.
6