Authorizing the terramation of dead human bodies in the state of Kansas and requiring all terramations to be performed by licensed terramatory operators.

Session of 2026
HOUSE BILL No. 2780
By Committee on Federal and State Affairs
Requested by Representative James
2-17
AN ACT concerning the state board of mortuary arts; authorizing
terramation of dead human bodies in the state of Kansas; specifying
that terramation facilities shall be licensed and comply with local and
state building codes, zoning laws, ordinances and environmental
standards; mandating that only licensed terramation facility operators
may perform terramation; requiring a terramation authorization form
signed by an authorizing agent and a coroner's permit to terramate;
prohibiting the terramation of bodies with potentially hazardous
implants unless removed; ensuring that terramated remains are properly
identified and packed; establishing fees related to terramation; adding
references to terramation where references to cremation exist in current
law; amending K.S.A. 21-6106, 22a-215, 22a-246, 40-3103, 65-904,
65-1713, 65-1713a, 65-1723, 65-1727, 65-1734, 65-1751, 65-1753, 65-
3233, 65-67a03 and 75-712g and K.S.A. 2025 Supp. 65-1732, 65-2401,
65-2426a and 74-7301 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Sections 1 through 15, and amendments thereto, shall
be known and may be cited as the Kansas terramation regulation act.
New Sec. 2. As used in sections 1 through 15, and amendments
thereto, unless the context clearly shows otherwise:
(a) "Act" means the Kansas terramation regulation act.
(b) "Alternative container" means a receptacle, other than a casket, in
which dead human bodies are transported to the terramation facility and
placed in the terramation chamber for terramation. An "alternative
container" shall be:
(1) Composed of materials suitable for terramation;
(2) capable of being closed to provide a complete covering for the
dead human bodies;
(3) resistant to leakage or spillage;
(4) rigid enough for handling with ease; and
(5) able to provide protection for the health, safety and personal
integrity of terramation facility personnel.
(c) "Authorizing agent" means a person legally entitled to authorize
the terramation and final disposition of specific dead human bodies as
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HB 2780 2
defined in K.S.A. 65-1734, and amendments thereto.
(d) "Board" means the state board of mortuary arts.
(e) "Dead human body" means a lifeless human body, parts of a
human body or the bones thereof based on the state of which it reasonably
may be concluded that death recently occurred.
(f) "Funeral director" means a person who holds a current license as a
funeral director issued by the board.
(g) "Funeral establishment" means a funeral establishment or branch
establishment as licensed by the board.
(h) "Holding facility" means an area within or adjacent to a licensed
terramation facility designated for the retention of dead human bodies
prior to the act of terramation. A "holding facility" shall:
(1) Comply with any applicable public health statute, regulation or
ordinance;
(2) preserve the dignity of the dead human body;
(3) recognize the integrity, health and safety of the terramation
facility's personnel operating the terramation facility; and
(4) be secure from access by anyone other than authorized personnel.
(i) "Potentially hazardous implant" means any device previously
placed within the now-deceased human body that would result in potential
harm or damage at any time during the terramation process.
(j) "Temporary container" means a receptacle for terramated remains,
usually composed of cardboard, plastic or similar material, that can be
closed to prevent the leakage or spillage of terramated remains or the
entrance of foreign material and is a single container of sufficient size to
hold terramated remains.
(k) "Terramated remains" means all human remains recovered after
the completion of terramation of a dead human body. "Terramated
remains" may include the residue of any foreign organic matter that was
used to terramate the dead human body.
(l) "Terramation" means the contained, accelerated conversion of
unembalmed human remains to soil in a terramation facility. "Terramation"
includes the processing, pulverization and incorporation of the bone
fragments into such soil.
(m) "Terramation chamber" means the enclosed space within which
the terramation of a dead human body is performed. Such chambers shall
be used exclusively for the terramation of human remains.
(n) "Terramation facility" means a business premises that houses the
terramation chamber and holding facility where dead human bodies are
terramated. A "terramation facility" shall be maintained at a fixed and
specific street address.
(o) "Terramation facility operator" means a person who is engaged in,
conducting or holding oneself out as engaged in or conducting the business
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HB 2780 3
of terramation.
(p) "Terramation facility operator in charge" means the terramation
facility operator who is licensed and responsible for ensuring that the
terramation facility's license is current and that the licensed terramation
facility is in compliance with the laws and regulations of this state.
Nothing in this definition shall relieve other persons involved with a
terramation from complying with state and federal laws and regulations.
(q) "Urn" means a receptacle designed to encase terramated remains.
New Sec. 3. (a) No person shall operate a terramation facility to
terramate a dead human body or cause any dead human body to be
terramated unless the terramation facility is licensed under this act. This
prohibition shall not apply to the Kansas university medical center as
provided by section 10(g), and amendments thereto.
(b) (1) Any building used as a terramation facility shall comply with
all applicable local and state building codes, zoning laws, ordinances and
environmental standards.
(2) A terramation facility shall have means on site for processing
terramated remains either in the building or adjacent to it and a holding
facility for the retention of dead human bodies awaiting terramation.
(3) The holding facility shall be secure from access by anyone except
authorized personnel of the terramation facility, preserve the dignity of the
dead human bodies and protect the health and safety of the terramation
facility personnel.
(c) All applications for licensure as a terramation facility shall be on
forms furnished and prescribed by the state board of mortuary arts.
New Sec. 4. (a) (1) The licensed terramation facility operator in
charge shall supervise the licensed terramation facility on a full-time or a
part-time basis and perform such other duties relating to the supervision of
a licensed terramation facility as prescribed by the board by rules and
regulations.
(2) The terramation facility operator in charge of a licensed
terramation facility shall hold a Kansas terramation facility operator
license. Such terramation facility operator in charge shall also hold a
funeral director license unless the terramation facility only receives dead
human bodies for terramation through licensed funeral establishments or
branch funeral establishments.
(b) Only licensed terramation facility operators may perform
terramation.
(c) No terramation facility operator or terramation facility operator in
charge shall terramate or cause to be terramated any dead human body
until such terramation facility operator or terramation facility operator in
charge has received:
(1) A terramation authorization form signed by an authorizing agent.
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The written authorization shall include:
(A) The identity of the dead human body and the time and date of
death;
(B) the name of the funeral director or assistant funeral director and
the funeral establishment or branch establishment, or the authorizing agent
thereof that obtained the terramation authorization;
(C) notification as to whether the cause of death occurred from a
disease declared by the department of health and environment to be
infectious, contagious, communicable or dangerous to the public health;
(D) the name of the authorizing agent and the relationship between
the authorizing agent and the decedent;
(E) authorization for the terramation facility to terramate the dead
human body;
(F) a representation that the dead human body does not contain any
material or implant that may be potentially hazardous or cause damage to
the terramation chamber or the person performing the terramation;
(G) the name of the person authorized to receive the terramated
remains from the terramation facility; and
(H) the signature of the authorizing agent attesting to the accuracy of
all representations contained on the terramation authorization form; and
(2) a completed and executed coroner's permit, if required by K.S.A.
65-2426a, and amendments thereto, indicating that the dead human body is
to be terramated.
New Sec. 5. (a) (1) No dead human body with a potentially hazardous
implant shall be terramated.
(2) The authorizing agent for the terramation of the dead human body
shall be responsible for informing the licensed funeral director, assistant
funeral director, terramation facility operator or terramation facility
operator in charge about a known potentially hazardous implant.
(3) The authorizing agent shall be responsible for ensuring that any
known hazardous implant is removed before the delivery of the dead
human body to the terramation facility.
(4) Any hazardous implant of a dead human body in the custody of a
terramation facility operator shall be removed by an embalmer at a funeral
establishment or branch establishment with an embalming preparation
room unless the removal is to take place at a medical facility by the
appropriate medical personnel.
(b) A terramation facility shall hold dead human bodies prior to
terramation accordingly:
(1) Whenever a terramation facility is unable to terramate the dead
human body immediately upon taking custody thereof, the terramation
facility operator in charge shall place the dead human body in a
refrigeration facility at 40 degrees fahrenheit or less or store the dead
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HB 2780 5
human body in a terramation container at a funeral establishment or branch
establishment with a preparation room or holding facility approved by the
board; and
(2) a terramation facility operator or terramation facility operator in
charge shall not be required to accept for holding a terramation container
that has any evidence of body fluid leakage from the dead human body
inside such container.
(c) No unauthorized person, as determined by the terramation facility
operator in charge of the terramation facility, shall be permitted in the
terramation facility area while any dead human body is in the terramation
facility area awaiting terramation, being terramated or being removed from
the terramation chamber.
(d) The simultaneous terramation of more than one dead human body
within the same terramation chamber is prohibited without specific written
authorization to do so from all authorizing agents for the dead human
bodies to be so terramated. Such written authorization shall exempt the
terramation facility operator and terramation facility operator in charge
from all liability for the commingling of the terramated remains during the
terramation process.
(e) The terramation facility shall maintain an identification system
that will ensure that the terramated remains can be identified, as indicated
on the terramation authorization form, throughout all phases of the
terramation process.
(f) (1) Upon completion of the terramation, and insofar as practicable,
all of the recoverable residue of the terramation process shall be removed
from the terramation chamber.
(2) If possible, the nonreducible materials or items, other than bone
fragments, shall be separated from the terramated remains and disposed of
in a lawful manner by the terramation facility.
(3) The bone fragments produced by the terramation process shall be
processed, pulverized and incorporated into the soil produced by the
terramation.
(g) Terramated remains shall be packed as follows:
(1) The terramated remains with proper identification shall be placed
in a temporary container or urn, unless otherwise specified in a written
authorization received from the authorizing agent or as provided in
paragraph (2). The temporary container or urn contents shall be packed
with clean packing materials;
(2) if the terramated remains will not fit within the dimensions of a
temporary container or urn, the remainder of the terramated remains shall
be returned to the authorizing agent or the authorizing agent's
representative in a separate container attached to the first container or urn
identifying such containers as belonging together;
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HB 2780 6
(3) if a temporary container is used to return the terramated remains,
such container shall be, at a minimum, a cardboard box with all seams
taped to close and increase the security and integrity of such cardboard
box. The outside of the container shall be clearly identified with the name
of the terramation facility and an indication that the container is a
temporary container; and
(4) if the terramated remains are to be shipped, the temporary
container or designated receptacle ordered by the authorizing agent shall
be securely packed in a suitable, sturdy, non-fragile container and sealed
properly. Terramated remains shall be shipped only by a method that has
an internal tracing system available and provides a receipt signed by the
person accepting delivery.
New Sec. 6. (a) (1) An authorizing agent signing a terramation
authorization form shall be deemed to warrant the truthfulness of any facts
set forth in such terramation authorization form, including the identity of
the deceased whose remains are sought to be terramated, and such
authorization agent's authority to order such terramation.
(2) Any person signing a terramation authorization form as an
authorizing agent shall be personally and individually liable for all damage
occasioned thereby and resulting therefrom.
(3) A terramation facility operator, terramation facility operator in
charge, assistant funeral director or funeral director may rely upon the
representations of the authorizing agent in the terramation authorization
form.
(b) (1) A funeral director, assistant funeral director or terramation
facility operator in charge shall have the authority to arrange the
terramation of a dead human body upon the receipt of a terramation
authorization form signed by an authorizing agent.
(2) A funeral director, assistant funeral director, terramation facility
operator or terramation facility operator in charge who, pursuant to a
terramation authorization, arranges a terramation, terramates a dead human
body and releases or disposes of the terramated remains shall not be liable
for such acts.
(c) A funeral director, assistant funeral director, terramation facility
operator or terramation facility operator in charge who refuses to arrange a
terramation, accept a dead human body or perform a terramation shall not
be liable for refusing to arrange a terramation, accept the dead human body
or perform the terramation until such funeral director, assistant funeral
director, terramation facility operator or terramation facility operator in
charge receives a court order or other suitable confirmation that the cause
of the refusal has been determined. Acceptable circumstances causing such
a refusal may include:
(1) Awareness of a dispute concerning the terramation of the dead
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HB 2780 7
human body; or
(2) a reasonable basis for questioning any of the representations made
by the authorizing agent; or
(3) any other lawful reason.
New Sec. 7. (a) If an authorizing agent informs the funeral director,
assistant funeral director, terramation facility operator or the terramation
facility operator in charge on the terramation authorization form of the
presence of a hazardous implant in the dead human body to be terramated,
the persons who were informed by such authorizing agent shall be
responsible for ensuring that all necessary steps are taken to remove the
hazardous implant.
(b) Any person who delivers a dead human body to a terramation
facility after being informed that a hazardous implant is in the dead human
body but has failed to ensure prior to such delivery that the hazardous
implant has been removed from the dead human body pursuant to section
5(a)(4), and amendments thereto, such that the dead human body is
terramated with the hazardous implant, then such person who delivered the
dead human body to the terramation facility shall be liable for all resulting
damages.
New Sec. 8. (a) The state board of mortuary arts shall adopt rules and
regulations for the administration and implementation of this act. Such
rules and regulations shall:
(1) Include the conditions under which the dead bodies of persons
who died from an infectious, contagious, communicable or dangerous
disease can be transported from any place in the state to a terramation
facility for the purpose of terramation;
(2) establish criteria for classifying implants as hazardous in the
context of terramation;
(3) establish minimal standards of sanitation and required equipment
for all terramation facilities as deemed necessary for the protection of the
public.
(b) A terramation facility operator in charge may adopt reasonable
policies that are consistent with this act or rules and regulations adopted
by the board.
(c) The state board of mortuary arts may refuse to issue or renew a
license or revoke, condition, limit, censure, fine or suspend a license for
the terramation facility or terramation facility operator upon a finding that
a terramation facility operator or a terramation facility operator in charge
has:
(1) Maintained or operated a building or structure within the state as a
terramation facility in violation of the provisions of this act or the rules
and regulations adopted by the board of mortuary arts;
(2) performed a terramation without a terramation authorization form
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HB 2780 8
signed by an authorizing agent;
(3) made any misleading, deceptive, untrue or fraudulent statements
in applying for or securing an original or renewal license;
(4) been convicted of a felony or an offense of moral turpitude and
has not demonstrated to the board's satisfaction that such terramation
facility operator in charge has been sufficiently rehabilitated to warrant the
public trust;
(5) violated any law, ordinance or rule and regulation affecting the
handling, custody, care or transportation of dead human bodies or
terramated remains;
(6) been rendered unfit to operate a terramation facility by reason of
illness, alcohol, chemicals or other types of substances or as a result of any
mental or physical condition;
(7) failed or refused to properly protect or guard against contagious,
communicable or infectious disease, or the spreading thereof;
(8) or such person's agent, employee or representative, advertised,
solicited or sold merchandise or services in a manner that is fraudulent,
deceptive or misleading in form or content;
(9) been found by a court of competent jurisdiction to be mentally ill,
mentally disabled, not guilty by reason of insanity or incompetent to stand
trial by a court of competent jurisdiction;
(10) failed to furnish the board or such board's investigators or
representatives with information requested by the board;
(11) failed to report to the board any adverse action taken against the
terramation facility operator, terramation facility operator in charge or the
terramation facility by another state or licensing jurisdiction, professional
association or society, governmental agency, law enforcement agency or a
court;
(12) knowingly submitted any misleading, deceptive, untrue or
fraudulent representation on a claim form, bill, statement or similar
information to an authorizing agent, consumer or representative of the
board;
(13) had a license to operate a terramation facility, terramation
facility operator or similar license revoked or suspended, any other action
taken against oneself or an application for a license denied by the proper
licensing authority of another state, territory, District of Columbia or other
country. A certified copy of the record of the action of another jurisdiction
shall be conclusive evidence thereof;
(14) aided or abetted an unlicensed person to practice any activity for
which a license is required under article 17 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto;
(15) violated any rules and regulations adopted by the board or any
state or federal law related to the practice of operating a terramation
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HB 2780 9
facility; or
(16) failed to pay any fee required under this act.
(d) All administrative proceedings taken by the board pursuant to this
section shall be conducted in accordance with the provisions of the Kansas
administrative procedure act.
(e) A violation of this section or any provision of this act is hereby
declared to be a class A nonperson misdemeanor.
New Sec. 9. This act shall take precedence over any conflicting
Kansas laws, except state environmental laws, that govern the handling
and disposition of dead human bodies for terramation and terramated
remains.
New Sec. 10. (a) The terramation facility operator in charge of a
terramation facility located or doing business within the state shall apply
for and obtain a terramation facility license from the board for each
terramation facility.
(b) An application for a new license is required if the terramation
facility has a change in ownership, name, location or a change in the
terramation facility operator in charge. Such application shall be made to
the board at least 30 days prior to the change of ownership, name or
location or change in the terramation facility operator in charge.
(c) The terramation facility license fee and terramation facility license
renewal fee shall be fixed by the board under K.S.A. 65-1727, and
amendments thereto. The disposition of all funds collected under the
provisions of this act shall be in accordance with the provisions of K.S.A.
65-1718, and amendments thereto.
(d) A terramation facility license shall expire every two years on a
date established by the board. To continue operation of a terramation
facility, a terramation facility operator in charge shall submit a biennial
renewal application form and the terramation facility license renewal fee
to the board before the expiration date of such license.
(e) A terramation facility license shall be judged delinquent at 12:00
a.m. on the day immediately following the expiration date and may only
be renewed after the expiration date by payment of a renewal fee and a
reinstatement fee that is equal to the renewal fee.
(f) It is unlawful for any person who is not an operator in charge of a
terramation facility or a terramation facility operator under this act to
operate a terramation facility, hold oneself out as operating a terramation
facility or engage or attempt to engage in the business of terramation
facility operator.
(g) The Kansas university medical center shall be exempt from this
statute for the purpose of terramating remains donated for dissecting,
demonstrating or teaching purposes.
New Sec. 11. A terramation facility operator shall, in connection with
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HB 2780 10
such person's licensed terramation facility, use the words "terramation
facility operator" or any other title indicating that such person is engaged
in the business of terramation.
New Sec. 12. Every terramation conducted in this state shall be under
the personal supervision of a licensed terramation facility operator or
terramation facility operator in charge with all terramations performed at a
licensed terramation facility.
New Sec. 13. (a) It shall be unlawful for any person to engage in or
attempt to engage in the business of a terramation facility operator in this
state without a terramation facility operator's license issued by the state
board of mortuary arts.
(b) (1) Every person desiring to enter the practice of a terramation
facility operator shall make written application to the board on forms as
prescribed by the board.
(2) The application shall show that the applicant is of legal age, has
successfully completed training in performing terramation services and has
received certification by an organization whose six-hour minimum
program has been approved by the board within twelve months of the
board's approval of such application.
(3) If the applicant has not received the training specified in
paragraph (2) upon application to the board, such applicant shall have
received training from another person who has already received such
training, which shall also be a minimum of six hours with the trainer and
program approved by the board.
(4) At the end of one year of licensure as a terramation facility
operator, if the individual has not received training from an organization of
an approved program that has been approved by the board, the terramation
facility operator's license shall be automatically suspended until such time
that the approved training has been completed.
New Sec. 14. (a) (1) The fee and renewal fee for a terramation facility
operator's license shall be in the amount fixed by the state board of
mortuary arts in accordance with the provisions of K.S.A. 65-1727, and
amendments thereto.
(2) The fee shall be due and payable to the secretary of the board
prior to the expiration date of the license.
(3) The secretary of the board shall mail to the last known address of
each licensee a notice of the expiration date of each license and the
corresponding renewal fee at least 30 days prior to the expiration date of
each license.
(4) If the licensee fails to pay such renewal fee within the time
specified, the license shall automatically lapse, and the licensee shall be
denied the right to practice terramation in this state during such lapse.
(b) The board may reinstate such lapsed license upon the payment of
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HB 2780 11
the fee in arrears, plus an additional reinstatement fee in the amount equal
to the renewal fee if such lapse is not over six months in duration.
(c) (1) Any person who fails to reinstate a lapsed license within six
months after the expiration date of such license may apply for relicensure
by making application on a form provided by the board.
(2) Relicensure shall be granted upon receipt of proof that the
applicant meets the qualifications to act as a licensed terramation facility
operator, has satisfied all of the requirements for renewal established by
law and has paid the board back renewal fees as established by the board
by rules and regulations.
(d) (1) The expiration date of each license shall be established by
rules and regulations of the board.
(2) Subject to the provisions of this subsection, each license shall be
renewed on a biennial basis upon the filing of a renewal application prior
to the expiration date of the license and upon payment of the renewal fee
established pursuant to K.S.A. 65-1727, and amendments thereto.
(3) To provide for a system of biennial renewal of licenses, the board
may provide by rules and regulations that licenses issued or renewed for
the first time after the effective date of this act may expire less than two
years from the date of issuance or renewal.
(4) In each case in which a license is issued or renewed for a period
of time of less than two years, the board shall prorate the license or
renewal fee established pursuant to K.S.A. 65-1727, and amendments
thereto, to the nearest whole month.
(e) (1) Every licensed terramation facility operator in Kansas shall
submit with the renewal application and renewal fee evidence of
satisfactory completion of a program of continuing education required and
approved by the board.
(2) The board by duly adopted rules and regulations shall establish
the requirements for such program of continuing education.
New Sec. 15. (a) A terramation facility shall not recycle any metallic
remnant, prosthetic implant or anything else remaining after terramation or
removed prior to terramation without the written consent of the legal next
of kin of the deceased as defined in K.S.A. 65-1734, and amendments
thereto.
(b) Any such recycling shall be in compliance with state and federal
laws.
Sec. 16. K.S.A. 21-6106 is hereby amended to read as follows: 21-
6106. (a) Unlawful public demonstration at a funeral is:
(1) Engaging in a public demonstration at any public location within
150 feet of any entrance to any cemetery, church, mortuary or other
location where a funeral is held or conducted, within one hour prior to the
scheduled commencement of a funeral, during a funeral or within two
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hours following the completion of a funeral;
(2) knowingly obstructing, hindering, impeding or blocking another
person's entry to or exit from a funeral; or
(3) knowingly impeding vehicles which are part of a funeral
procession.
(b) Unlawful public demonstration at a funeral is a class B person
misdemeanor. Each day on which a violation occurs shall constitute a
separate offense.
(c) As used in this section:
(1) "Funeral" means the ceremonies, processions and memorial
services held in connection with the burial or, cremation or terramation of
a person dead human body; and
(2) "public demonstration" means:
(A) Any picketing or similar conduct; or
(B) any oration, speech, use of sound amplification equipment or
device, or similar conduct that is not part of a funeral.
(d) This section may be cited as the Kansas funeral privacy act.
Sec. 17. K.S.A. 22a-215 is hereby amended to read as follows: 22a-
215. (a) (1) The coroner shall cause the body of a deceased person to be
delivered to the immediate family or the next of kin of the deceased in
accordance with the provisions of K.S.A. 65-904, and amendments
thereto.
(2) If there is no immediate family or next of kin the coroner shall
report and make delivery in accordance with the provisions of article 9 of
chapter 65 of Kansas Statutes Annotated.
(3) If no such delivery is required, the coroner shall cause the body of
such deceased person to be cremated, terramated or buried.
(4) The state or county officer responsible for the final disposition of
the deceased person may authorize and order the cremation, terramation or
burial of such deceased person.
(5) Cremation, terramation or burial expenses shall be paid from any
property found with the body.
(6) If there is no property found with the body or if the property is not
sufficient to cover such expenses and if the deceased was eligible for
assistance under the provisions of article 7 of chapter 39 of Kansas
Statutes Annotated, expenses of final disposition shall be paid in
accordance with the provisions of K.S.A. 39-713d, and amendments
thereto.
(7) Otherwise, such expenses shall be paid from the county general
fund unless the deceased died in the custody of the secretary of
corrections.
(8) Expenses of final disposition of the unclaimed bodies of deceased
inmates in the custody of the secretary of corrections shall be paid by the
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HB 2780 13
department of corrections.
(b) Any coroner who, over the protest of the immediate family or
next of kin of the deceased, delivers or causes to be delivered the body of a
deceased person for final disposition to a particular embalmer, funeral
director or funeral establishment, shall be deemed guilty of a class B
nonperson misdemeanor and upon conviction thereof shall forfeit the
coroner's office.
Sec. 18. K.S.A. 22a-246 is hereby amended to read as follows: 22a-
246. (a) When the death of a person is a death described in K.S.A. 22a-
231, and amendments thereto, and a criminal investigation is or is likely to
be conducted regarding the death and the body is to be cremated or
terramated, the district coroner or the coroner's agent having charge of the
body shall cause to be taken such evidence to identify the dead person,
including, but not limited to:
(1) A forensic dental examination to be made of the body, which
examination shall include complete charting, dental x-rays and detailed
dental intra-oral photographs;
(2) the complete maxillia and mandible of the body to be removed
and preserved; or
(3) a clear recording or print of the complete ridge structure that may
be present on the hands and feet of the body.
(b) If a forensic dental examination is made pursuant to subsection
(a), the coroner shall cause two copies of the examination records to be
made.
(c) All records and copies of records of a forensic dental examination
or ridge structure print made pursuant to this section, or any maxilliae and
mandible removed pursuant to this section, shall be preserved and retained
in evidence until all criminal investigations and judicial proceedings that
may arise from such death are finally determined.
Sec. 19. K.S.A. 40-3103 is hereby amended to read as follows: 40-
3103. As used in this act, the following words and phrases shall have the
meanings respectively ascribed to them herein:
(a) "Commissioner" means the state commissioner of insurance.
(b) "Disability benefits" means allowances for loss of monthly
earnings due to an injured person's inability to engage in available and
appropriate gainful activity, subject to the following conditions and
limitations:
(1) The injury sustained is the proximate cause of the injured
person's inability to engage in available and appropriate gainful activity;
(2) subject to the maximum benefits stated herein, allowances shall
equal 100% of any such loss per individual, unless such allowances are
deemed not includable in gross income for federal income tax purposes, in
which event such allowances shall be limited to 85%; and
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(3) allowances shall be made up to a maximum of not less than $900
per month for not to exceed one year after the date the injured person
becomes unable to engage in available and appropriate gainful activity.
(c) "Director" means the director of vehicles.
(d) "Funeral benefits" means allowances for funeral, burial ,
terramation or cremation expenses in an amount not to exceed $2,000 per
individual.
(e) "Highway" means the entire width between the boundary lines of
every way publicly maintained, when any part thereof is open to the use of
the public for purposes of vehicular travel.
(f) "Implement of husbandry" means every vehicle designed or
adapted and used exclusively for agricultural operations and only
incidentally operated or moved upon the highways.
(g) "Insurer" means any insurance company, as defined by K.S.A. 40-
201, and amendments thereto, authorized to transact business in this state,
which that issues policies of motor vehicle liability insurance covering
liability arising out of the ownership, operation, maintenance or use of a
motor vehicle.
(h) "Injured person" means any person suffering injury.
(i) "Injury" means bodily harm, sickness, disease or death resulting
from an accident arising out of the ownership, maintenance or use of a
motor vehicle.
(j) "Lienholder" means a person holding a security interest in a
vehicle.
(k) "Medical benefits" means and includes allowances for all
reasonable expenses, up to a limit of not less than $4,500, for necessary
health care healthcare rendered by practitioners licensed by the state board
of healing arts to practice any branch of the healing arts or licensed
psychologists, surgical, x-ray and dental services, including prosthetic
devices and necessary ambulance, hospital and nursing services; and such
term also includes allowances for services recognized and permitted under
the laws of this state for an injured person who relies upon spiritual means
through prayer alone for healing in accordance with such person's religious
beliefs.
(l) "Monthly earnings" means:
(1) In the case of a regularly employed person or a person regularly
self-employed, 1/12 of the annual earnings at the time of injury; or
(2) in the case of a person not regularly employed or self-employed,
or of an unemployed person, 1/12 of the anticipated annual earnings from
the time such person would reasonably have been expected to be regularly
employed. In calculating the anticipated annual earnings of an unemployed
person who has previously been employed, the insurer shall average the
annual compensation of such person for not to exceed five years preceding
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HB 2780 15
the year of injury or death, during which such person was employed.
(m) "Motor vehicle" means every self-propelled vehicle of a kind
required to be registered in this state, including any trailer, semitrailer or
pole trailer designed for use with such vehicle, but such term does not
include a motorized bicycle.
(n) "Operator" means any person who drives or is in actual physical
control of a motor vehicle upon a highway or who is exercising control
over or steering a vehicle being towed by a motor vehicle.
(o) "Owner" means a person, other than a lienholder, having property
in or title to a motor vehicle, including a person who is entitled to the use
and possession of a motor vehicle subject to a security interest held by
another person, but such term does not include a lessee under a lease not
intended as security.
(p) "Person" means an individual, partnership, corporation or other
association of persons.
(q) "Personal injury protection benefits" means the disability benefits,
funeral benefits, medical benefits, rehabilitation benefits, substitution
benefits and survivors' benefits required to be provided in motor vehicle
liability insurance policies pursuant to this act.
(r) "Rehabilitation benefits" means allowances for all reasonable
expenses, up to a limit of not less than $4,500, for necessary psychiatric or
psychological services, occupational therapy and such occupational
training and retraining as may be reasonably necessary to enable the
injured person to obtain suitable employment.
(s) "Relative residing in the same household" means a relative of any
degree by blood, marriage or adoption, who usually makes such person's
home in the same family unit, whether or not temporarily living elsewhere.
(t) "Security interest" means an interest in a vehicle reserved or
created by agreement and which secures payment or performance of an
obligation. The term includes the interest of a lessor under a lease intended
as security.
(u) "Self-insurer" means any person effecting self-insurance pursuant
to subsection (f) of K.S.A. 40-3104 (f), and amendments thereto, or any
nonresident self-insurer that has filed the form prescribed in subsection (b)
of K.S.A. 40-3106(b), and amendments thereto.
(v) "Special mobile equipment" means every vehicle not designed or
used primarily for the transportation of persons or property and only
incidentally operated or moved over a highway, including but not limited
to: Ditch-digging apparatus, well-boring apparatus and road construction
and maintenance machinery such as asphalt spreaders, bituminous mixers,
bucket loaders, tractors other than truck tractors, ditchers, leveling graders,
finishing machines, motor graders, road rollers, scarifiers, earth moving
carryalls and scrapers, power shovels and drag lines and self-propelled
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HB 2780 16
cranes and earth moving equipment. The term does not include house
trailers, dump trucks, truck mounted transit mixers, cranes or shovels or
other vehicles designed for the transportation of persons or property to
which machinery has been attached.
(w) "Substitution benefits" means allowances for appropriate and
reasonable expenses incurred in obtaining other ordinary and necessary
services in lieu of those that, but for the injury, the injured person would
have performed for the benefit of such person or such person's family,
subject to a maximum of $25 per day for not longer than 365 days after the
date such expenses are incurred.
(x) "Survivor" means a decedent's spouse, or child under the age of
18 years, where death of the decedent resulted from an injury.
(y) "Survivors' benefits" means total allowances to all survivors for:
(1) Loss of an injured person's monthly earnings after such person's death,
up to a maximum of not less than $900 per month; and (2) substitution
benefits following the injured person's death. Expenses of the survivors
which have been avoided by reason of the injured person's death shall be
subtracted from the allowances to which survivors would otherwise be
entitled, and survivors' benefits shall not be paid for more than one year
after the injured person's death, less the number of months the injured
person received disability benefits prior to such person's death. For
purposes of this subsection, monthly earnings shall include, in the case of
a person who was a social security recipient or a retirement or pension
benefit recipient, or both, at the time of such injured person's death, 1/12 of
the annual amount of the difference between the annual amount of the
social security benefits or the retirement benefits, or both, that such injured
person was receiving at the time of such injured person's death and the
annual amount of the social security benefits or the retirement benefits, or
both, that the survivor is receiving after the time of such injured person's
death.
(z) "Uninsured motor vehicle" means any motor vehicle which is not
included under an approved self-insurance plan of a self-insurer or for
which there is not in effect a motor vehicle liability insurance policy
meeting the requirements of this act.
(aa) "Any workmen's compensation law" means the workmen's
compensation act of Kansas, the United States longshoremen's and harbor
workers' compensation act, the federal employer liability acts, and any
similar state or federal law.
Sec. 20. K.S.A. 65-904 is hereby amended to read as follows: 65-904.
(a) (1) Except as provided by subsection (b), if the deceased person during
such person's last sickness requests to be buried, or if burial is provided for
under article 3 of chapter 73 of the Kansas Statutes Annotated or acts
amendatory thereof or supplemental thereto, the body shall not be
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HB 2780 17
surrendered, but shall be buried in the usual manner.
(2) No body shall be delivered as provided in K.S.A. 65-902a and
amendments thereto, if claimed by relatives or friends within 72 hours
after death, nor shall a body be delivered as provided in K.S.A. 65-902a
and amendments thereto unless the person or persons in charge of the
deceased at the time of death have made diligent search for relatives or
friends and no response to the search has been received within 96 hours
after the commencement of such search.
(3) No dead body received by the department of anatomy of the
medical school of the university of Kansas under the provisions of this act
shall be dissected prior to 60 days after date of receipt of the dead body.
(4) In case the remains of any person so delivered and received shall
be claimed within 60 days by any relative or friend, they shall be given to
such relative or friend for interment.
(b) The unclaimed body of a deceased inmate in the custody of the
secretary of corrections may be cremated or terramated at the expense of
the department of corrections.
Sec. 21. K.S.A. 65-1713 is hereby amended to read as follows: 65-
1713. (a) A "funeral director" is a person engaged in or conducting, or
holding oneself out as engaged in or conducting, the business of:
(1) Preparing dead human bodies, other than by embalming, for
disposition; or
(2) Meeting with families for the purpose of making at-need funeral
arrangements; or
(3) Directing, arranging for or supervising the disposition of dead
human bodies whether by burial, terramation or cremation; or
(4) Providing or maintaining a funeral establishment, branch funeral
establishment, terramation facility or crematory.
(b) A funeral director shall, in connection with such person's name or
business, use the words "funeral director," "undertaker," "mortician," or
any other title implying that such person is engaged in the business herein
described.
Sec. 22. K.S.A. 65-1713a is hereby amended to read as follows: 65-
1713a. (a) A (1) As used in this section, "funeral establishment ," as the
term is used herein, is means a business premises where a funeral service,
visitation or lying in-state of a dead human body is arranged and
conducted, or dead human bodies are embalmed or otherwise prepared for
a funeral service, visitation, lying in-state, burial, cremation , terramation
or transportation.
(2) A funeral establishment shall be maintained at a fixed and specific
street address or location and shall contain a preparation room equipped
with a sanitary floor, walls and ceiling, with adequate sanitary drainage
and disposal facilities, good ventilation and light, and the necessary
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instruments, equipment and supplies for the preparation and embalming of
dead human bodies for burial or transportation.
(3) The preparation room shall be clearly identified by signs on all
preparation room entrance doors, shall be separate from any funeral
merchandise display room and chapel or visitation rooms and shall not be
a part of the living quarters.
(4) Each funeral establishment shall have available or employ a
Kansas licensed embalmer for all embalming work, if the funeral director
in charge of the establishment is not a Kansas licensed embalmer.
(5) Each funeral establishment shall be under the personal
supervision of a Kansas licensed funeral director.
(b) The provisions and requirements herein contained shall apply to
all branch establishments as well as principal establishments, except that:
(1) Only the funeral director in charge of the funeral establishment
who holds the funeral establishment license shall be eligible to apply for a
branch establishment license;
(2) a branch establishment is not required to contain a funeral
merchandise display room or a preparation room or to be a place where
dead bodies are prepared for burial, cremation , terramation or
transportation;
(3) a branch establishment ownership shall be identical to the
ownership of the funeral establishment which owns the branch;
(4) the funeral director in charge of the funeral establishment also
shall be responsible for the supervision of all branches of that funeral
establishment; and
(5) a branch establishment is not required to be under the personal
supervision and charge of a licensed funeral director.
(c) The funeral director in charge of any principal or branch
establishment whose facility closes is responsible for notifying all
individuals with prefinanced funeral agreements of the need to transfer
their agreements to another facility. Such notification shall be provided
prior to the closing of the facility with a copy of all letters provided to the
state board of mortuary arts.
Sec. 23. K.S.A. 65-1723 is hereby amended to read as follows: 65-
1723. The state board of mortuary arts shall have the power to adopt and
enforce all necessary rules and regulations not inconsistent with this act for
examining and licensing funeral directors and assistant funeral directors,
issuing licenses by reciprocity, establishing ethical standards and practices
and regulating the general practice of funeral directing , terramation and
cremation. The board shall have the power to inspect funeral
establishments, branch establishments , terramation facilities and
crematories, and to require that funeral establishments, branch
establishments, terramation facilities and crematories, be maintained,
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HB 2780 19
operated and kept in a clean and sanitary condition in accordance with the
provisions of this act, rules and regulations of the board and any applicable
rules and regulations of the secretary of health and environment. If a
person applies for a license for the purpose of opening a new funeral
establishment or branch establishment for the purpose of operating a
funeral establishment, branch establishment, terramation facility or
crematory which that has not been heretofore inspected and approved by
the board, or if a licensed funeral director , terramation facility operator in
charge or crematory operator in charge makes structural alterations or
additions to an existing funeral establishment, branch establishment,
terramation facility or crematory, the board shall have the right to
withhold the issuance or renewal of any license until any such funeral
establishment, branch establishment, terramation facility or crematory has
been inspected and approved by the board or its representatives. All
references herein to "board" shall refer to the state board of mortuary arts
of the state of Kansas unless otherwise clearly indicated. The board is
hereby authorized and empowered to do all things necessary and proper in
the administration of all the provisions of this act. Members of the state
board of mortuary arts shall be allowed the same fees and expenses as are
allowed for administering the embalmers' license law.
Sec. 24. K.S.A. 65-1727 is hereby amended to read as follows: 65-
1727. (a) On or before October 15 of each year, the state board of
mortuary arts shall determine the amount of funds that will be required
during the next ensuing two years to properly administer the laws which
the board is directed to enforce and administer under the provisions of
article 17 of chapter 65 of the Kansas Statutes Annotated, and acts
amendatory of the provisions thereof and supplemental thereto, and by
rules and regulations shall fix fees in such reasonable sums as may be
necessary for such purposes within the following limitations:
Embalmers endorsement application fee, not more than....................... $500
Embalmers reciprocity application fee, not more than............................ 500
Funeral directors examination fee, not more than....................................400
Funeral directors reciprocity application fee, not more than................... 500
Embalmers/funeral directors reciprocity application fee, not
more than.............................................................................................500
Assistant funeral directors application fee, not more than.......................300
Assistant funeral directors examination fee, not more
than......................................................................................................300
Embalmers license and renewal fee, not more than.................................350
Funeral directors license and renewal fee, not more than........................450
Crematory operator's license and renewal fee, not more
than......................................................................................................200
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Terramation facility operator's license and renewal fee, not more
than.....................................................................................................200
Assistant funeral directors license and renewal fee, not more
than......................................................................................................400
Apprentice embalmers registration fee, not more than............................250
Funeral establishment license fee, not more than................................. 1,000
Branch establishment license fee, not more than..................................1,000
Crematory license fee, not more than................................................... 1,000
Crematory renewal fee, not more than..................................................1,000
Terramation facility license fee, not more
than.............................................. ...................................................1,000
Terramation facility renewal fee, not more
than..................................................................................................1,000
Funeral establishment/crematory/terramation facility combination license
fee, not more
than...................................................................................................1,500
Funeral establishment/crematory/terramation facility combination renewal
fee, not more
than...................................................................................................1,500
Branch establishment/crematory/terramation facility combination license
fee, not more
than...................................................................................................1,500
Branch establishment/crematory/terramation facility combination renewal
fee, not more
than...................................................................................................1,500
Duplicate licenses...................................................................................... 30
Rulebooks.................................................................................................. 20
Continuing education program sponsor applications.................................25
Continuing education program licensee applications................................ 25
At least 30 days prior to the expiration date of any license issued by the
board, the board shall notify the licensee of the applicable renewal fee
therefor.
(b) The fees established by the board under this section immediately
prior to the effective date of this act shall continue in effect until such fees
are fixed by the board by rules and regulations as provided in this section.
An owner of a licensed funeral establishment or licensed branch
establishment and a licensed crematory or licensed terramation facility
may be charged by the board a combined funeral
establishment/crematory/terramation facility license or renewal fee or
branch establishment/crematory/terramation facility license or renewal fee
under this section in lieu of a separate license or renewal fee for each
facility.
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(c) The state board of mortuary arts may license embalmers via
endorsement from another state: (1) If the individual has been licensed for
at least five years and has completed at least five consecutive years of
active practice in embalming; (2) has passed the national examination
written by the international conference of funeral service examining
boards; and (3) has not had any adverse action taken against such licensee
by the state board in which licensure is held. The original fee for such
endorsement license and the renewal fee shall be in the amounts fixed by
the board in accordance with the provisions of this section.
(d) Fees paid to the board are not refundable.
Sec. 25. K.S.A. 2025 Supp. 65-1732 is hereby amended to read as
follows: 65-1732. (a) A funeral establishment, branch establishment
terramation facility or crematory which that has possession of the
terramated or cremated remains of a dead human body may dispose of the
cremated remains, if:
(1) Such cremated remains have not been claimed for at least 90 days
from the time of cremation;
(2) the funeral establishment, branch establishment, terramation
facility or crematory has sent a notice by certified mail, return receipt
requested, to the last known address of the authorizing agent as defined
under K.S.A. 65-1760, and amendments thereto, or section 2, and
amendments thereto . Such notice shall state that such remains will be
disposed of in accordance with the provisions of this section unless
claimed within 30 days of the date such notice is sent; and
(3) the funeral establishment, branch establishment, terramation
facility or crematory has not received any claim on the cremated remains
for at least 30 days from the date that such notice was sent.
(b) Such disposal under subsection (a) shall include burial by placing
the remains in a church or cemetery plot, scatter garden, pond or
columbarium, relinquishing possession of the terramated or cremated
remains of veterans to the director of the Kansas commission of veterans
affairs office, or the director's designee, or a national cemetery in
accordance with the provisions of subsection (c) or otherwise disposing of
the remains as provided by rule and regulation of the board of mortuary
arts. Disposition may include the commingling of the terramated or
cremated remains with other terramated or cremated remains and thus the
terramated or cremated remains would not be recoverable.
(c) (1) A funeral establishment, branch establishment terramation
facility or crematory which that has held in its possession terramated or
cremated remains for more than 90 days from the date of terramation or
cremation and has provided notice pursuant to subsection (a) and the
cremated remains remain continue to be unclaimed may, in accordance
with the provisions of this section, determine if such cremated remains are
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those of a veteran, and if so, may dispose of such remains as provided in
this section.
(2) Notwithstanding any law or rules and regulations to the contrary,
nothing in this section shall prevent a funeral establishment, branch
establishment or crematory from sharing information with the United
States department of veterans affairs or the Kansas office of veterans
services for the purpose of determining whether the terramated or
cremated remains are those of a veteran. A funeral establishment, branch
establishment, terramation facility, crematory, funeral director, assistant
funeral director, terramation facility operator or crematory operator shall
be discharged from any legal obligations or liability with regard to the
releasing or sharing of information with such entities.
(3) Should a funeral establishment, branch establishment ,
terramation facility operator or crematory ascertain the terramated or
cremated remains in its possession are those of a veteran and they are
unclaimed cremated remains to be disposed of pursuant to provisions of
subsection (a), the funeral establishment, branch establishment ,
terramation facility or crematory may relinquish possession of the
cremated remains to the director of the Kansas office of veterans services,
or the director's designee, or a national cemetery for disposition.
Disposition shall be by placement of cremated remains in a tomb,
mausoleum, crypt, niche in a columbarium or burial in a cemetery but
shall not include the scattering of cremated remains.
(d) Nothing in this section shall require a funeral establishment,
branch establishment , terramation facility or crematory to determine or
seek others to determine that an individual's cremated remains are those of
a veteran if the funeral establishment, branch establishment , terramation
facility or crematory was informed by the person in control of the
disposition that such individual:
(1) Was not a veteran; or
(2) did not desire any funeral or burial-related services or ceremonies
recognizing service as a veteran.
(e) The funeral establishment, branch establishment, terramation
facility, crematory, funeral director, assistant funeral director or crematory
operator, upon disposing of terramated or cremated remains in accordance
with the provisions of this section, shall be held harmless for any costs or
damages, except if there is gross negligence or willful misconduct, and
shall be discharged from any legal obligation or liability concerning the
cremated remains.
Sec. 26. K.S.A. 65-1734 is hereby amended to read as follows: 65-
1734. (a) The following persons, in order of priority stated, may order any
lawful manner of final disposition of a decedent's remains including burial,
terramation, cremation, entombment or anatomical donation:
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(1) The agent for health care decisions established by a durable power
of attorney for health care decisions pursuant to K.S.A. 58-625 et seq., and
amendments thereto, if such power of attorney conveys to the agent the
authority to make decisions concerning disposition of the decedent's
remains;
(2) the spouse of the decedent;
(3) the decedent's surviving adult children. If there is more than one
adult child, any adult child who confirms in writing the notification of all
other adult children, may direct the manner of disposition unless the
funeral establishment, terramation facility or crematory authority receives
written objection to the manner of disposition from another adult child;
(4) the decedent's surviving parents;
(5) the persons in the next degree of kinship under the laws of descent
and distribution to inherit the estate of the decedent. If there is more than
one person of the same degree, any person of that degree may direct the
manner of disposition;
(6) a guardian of the person of the decedent at the time of such
person's death;
(7) the personal representative of the decedent; or
(8) in the case of indigents or any other individuals whose final
disposition is the responsibility of the state or county, the public official
charged with arranging the final disposition pursuant to K.S.A. 22a-215,
and amendments thereto.
(b) If the decedent died during active military service, as provided in
10 U.S.C. § 1481(a)(1) through (8), in any branch of the United States
armed forces, United States reserve forces or national guard, the person
authorized by the decedent to direct disposition pursuant to public law
109-163, § 564, as listed on the decedent's United States department of
defense record of emergency data, DD form 93, or its successor form, shall
take priority over all other persons described in subsection (a).
(c) A funeral director, funeral establishment , terramation facility or
crematory shall not be subject to criminal prosecution or civil liability for
carrying out the otherwise lawful instructions of the person or persons
under subsection (a) if the funeral director reasonably believes such person
is entitled to control final disposition.
Sec. 27. K.S.A. 65-1751 is hereby amended to read as follows: 65-
1751. (a) The state board of mortuary arts may refuse to issue or renew a
license, may condition, limit, revoke or suspend a license or may publicly
or privately censure a licensee, or may impose a fine not to exceed $1,000
per violation upon a finding that a licensee or an applicant for a license:
(1) Has made any misleading, deceptive, untrue or fraudulent
statements in applying for or securing an original or renewal license;
(2) has committed an act of unprofessional or dishonorable conduct
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or professional incompetency;
(3) has been convicted of a felony, and the licensee or applicant for a
license is unable to demonstrate to the board's satisfaction that such person
has been sufficiently rehabilitated to warrant the public trust, has been
convicted of any offense involving moral turpitude or has been convicted
of criminal desecration or any other crime which reflects on the licensee's
fitness to practice;
(4) has violated any law, ordinance or rule and regulation affecting
the handling, custody, care or transportation of dead human bodies;
(5) is rendered unfit or unable to practice embalming or funeral
directing by reason of illness, alcohol, chemicals or other types of
substances, or as a result of any mental or physical condition as
determined by the board after receiving the results of an evaluation by a
person licensed to practice medicine and surgery or a person licensed to
diagnose and treat mental illness, or both, as directed by the board;
(6) has failed or refused to properly protect or guard against
contagious, communicable or infectious disease, or the spreading thereof;
(7) has refused to surrender a dead human body upon the request of
the next of kin, or legal representative, if there is no next of kin, or person
entitled to the custody and control of the body if there is no next of kin
available and no legal representative qualified to act;
(8) or the agent, employee or representative thereof, has advertised,
solicited or sold merchandise or services in a manner which is fraudulent,
deceptive or misleading in form or content;
(9) or the agent, employee or representative thereof, has engaged in
the uninvited, in-person solicitation of an actual or potential customer,
who, because of the customer's particular circumstances, was vulnerable to
undue influence, intimidation, coercion or overreaching or has violated a
provision of K.S.A. 65-1752, and amendments thereto;
(10) or the agent, employee or representative thereof, has knowingly
engaged in at-need solicitation;
(11) has used or employed, directly or indirectly, any agent,
representative or person, for the purpose of contacting public officials or
agents of institutions by whose influence dead human bodies may be
turned over to a particular licensee or funeral establishment;
(12) has aided or abetted an unlicensed person to practice any activity
for which a license is required under article 17 of chapter 65 of the Kansas
Statutes Annotated, and acts amendatory of the provisions thereof or
supplemental thereto;
(13) has had a license to practice embalming or funeral directing
revoked or suspended, has been censured or has had other disciplinary
action taken against oneself or has had an application for a license denied
by the proper licensing authority of another state, territory, District of
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Columbia or other country, an attested copy of the record of the action of
the other jurisdiction being presumptive evidence thereof;
(14) has cheated on or attempted to subvert the validity of the
examination for a license;
(15) has been found to be mentally ill, mentally disabled, not guilty
by reason of insanity, not guilty because the licensee suffers from a mental
disease or defect or incompetent to stand trial by a court of competent
jurisdiction;
(16) has failed to furnish the board, or its investigators or
representatives, any information legally requested by the board;
(17) has failed to report to the board any adverse action taken against
the licensee by another state or licensing jurisdiction, a professional
association or society, a governmental agency, by a law enforcement
agency or a court for acts or conduct similar to acts or conduct which
would constitute grounds for disciplinary action under this section;
(18) has an adverse judgment, award or settlement against the
licensee resulting from the practice of funeral directing or embalming
which related to acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section or has failed to
report such matter to the board;
(19) has knowingly submitted any misleading, deceptive, untrue or
fraudulent representation on a claim form, bill or statement;
(20) has violated any lawful rules and regulations promulgated by the
board or any state or federal law including the federal trade commission's
funeral rule related to the practice of funeral directing, embalming,
terramation, cremation or funeral establishments;
(21) has failed to pay any fee required under this act;
(22) has been found liable for or guilty of negligence, incompetence,
fraud, misrepresentation or deceit in connection with services rendered as
a licensee by a court of competent jurisdiction;
(23) has provided misleading, fraudulent or deceptive statements to
the board, its investigators or its representatives, when information is
legally requested; or
(24) has provided misleading, fraudulent or deceptive information
when filing a death certificate.
(b) The board may adopt rules and regulations defining, construing
and interpreting the above grounds for licensure action. All administrative
proceedings taken by the board pursuant to this section shall be conducted
in accordance with the provisions of the Kansas administrative procedure
act.
(c) As used in this section:
(1) "License" means an embalmer's license, funeral director's license,
assistant funeral director's license, funeral establishment license,
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terramation facility license, crematory license or . branch establishment
license or combination license.
(2) "At-need solicitation" means any uninvited contact for the
purpose of the sale, or attempted sale, of funeral services or merchandise
to the family or next of kin of a person after the person's death, or where
death is imminent.
Sec. 28. K.S.A. 65-1753 is hereby amended to read as follows: 65-
1753. (a) Except as otherwise provided by law and in accordance with any
applicable legal requirements, a dead human body which is removed from
the location of death shall be transported only to a licensed funeral
establishment, a licensed branch funeral establishment containing an
embalming preparation room or a holding facility, a licensed crematory
containing a holding facility, a hospital, a cemetery, a coroner or medical
examiner facility, the university of Kansas medical center, a federally
certified organ procurement organization serving the state of Kansas or
other location of final disposition.
(b) A dead human body which is to be removed in accordance with
subsection (a) to a federally certified organ procurement organization
serving the state of Kansas shall be removed only upon the release of a
person listed in the order of priority pursuant to K.S.A. 65-3228, and
amendments thereto.
Sec. 29. K.S.A. 2025 Supp. 65-2401 is hereby amended to read as
follows: 65-2401. As used in this act:
(a) "Vital statistics" includes the registration, preparation,
transcription, collection, compilation, and preservation of data pertaining
to birth, adoption, legitimation, death, stillbirth, marriage, divorce,
annulment of marriage, induced termination of pregnancy, and data
incidental thereto.
(b) "Live birth" means the complete expulsion or extraction from its
mother of a human child, irrespective of the duration of pregnancy, which,
after such expulsion or extraction, breathes or shows any other evidence of
life such as beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, whether or not the umbilical cord has
been cut or the placenta is attached.
(c) "Gestational age" means the age of the human child as measured
in weeks as determined by either the last date of the mother's menstrual
period, a sonogram conducted prior to the 20 th week of pregnancy or the
confirmed known date of conception.
(d) "Stillbirth" means any complete expulsion or extraction from its
mother of a human child the gestational age of which is not less than 20
completed weeks, resulting in other than a live birth, as defined in this
section, and which is not an induced termination of pregnancy.
(e) "Induced termination of pregnancy" means abortion, as defined in
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K.S.A. 65-6701, and amendments thereto.
(f) "Dead 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.
(g) "Person in charge of interment" means any person who places or
causes to be placed a stillborn child or dead body or , the ashes, after
cremation, or the soil after terramation in a grave, vault, urn or other
receptacle, or otherwise disposes thereof.
(h) "Secretary" means the secretary of health and environment.
(i) "Cause of death certifier" means a person licensed to practice
medicine and surgery by the state board of healing arts, a physician
assistant licensed by the state board of healing arts, an advanced practice
registered nurse licensed by the state board of nursing or a district coroner,
deputy coroner or special deputy coroner.
(j) "Employee" means a person who has applied for employment or is
currently employed in the office of vital statistics.
Sec. 30. K.S.A. 2025 Supp. 65-2426a is hereby amended to read as
follows: 65-2426a. (a) (1) No dead body, as defined in K.S.A. 65-2401,
and amendments thereto, shall be terramated or cremated unless a
coroner's permit to terramate or cremate has been executed to authorize
such terramation or cremation, if the death or cause of death occurred
within the state of Kansas or in a state where such permit to terramate or
cremate is required.
(2) A telefacsimile or electronic signed copy of the coroner's permit
to terramate or cremate that authorizes the terramation or cremation shall
constitute legal authorization for such terramation or cremation under this
section.
(b) The provisions of this section shall be a part of and supplemental
to the uniform vital statistics act.
(c) Any person who knowingly violates this section, upon conviction,
shall be fined not more than $500.
Sec. 31. K.S.A. 65-3233 is hereby amended to read as follows: 65-
3233. (a) When a hospital refers an individual at or near death to a
procurement organization, the organization shall make a reasonable search
of the records of the division of motor vehicles of the department of
revenue and any donor registry that it knows exists for the geographical
area in which the individual resides to ascertain whether the individual has
made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to
information in the records of the division of motor vehicles of the
department of revenue to ascertain whether an individual at or near death
is a donor.
(c) When a hospital refers an individual at or near death to a
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procurement organization, the organization may conduct any reasonable
examination necessary to ensure the medical suitability of a part that is or
could be the subject of an anatomical gift for transplantation, therapy,
research or education from a donor or a prospective donor. During the
examination period, measures necessary to ensure the medical suitability
of the part may not be withdrawn unless the hospital or procurement
organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this act, at any time after a
donor's death, the person to which a part passes under K.S.A. 65-3230, and
amendments thereto, may conduct any reasonable examination necessary
to ensure the medical suitability of the body or part for its intended
purpose.
(e) Unless prohibited by law other than this act, an examination under
subsection (c) or (d) may include an examination of all medical and dental
records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a), a procurement
organization shall make a reasonable search for any person listed in K.S.A.
65-3228, and amendments thereto, having priority to make an anatomical
gift on behalf of a prospective donor. If a procurement organization
receives information that an anatomical gift to any other person was made,
amended, or revoked, it shall promptly advise the other person of all
relevant information.
(h) Subject to K.S.A. 65-3230(i) and K.S.A. 65-3242, and
amendments thereto, the rights of the person to which a part passes under
K.S.A. 65-3230, and amendments thereto, are superior to the rights of all
others with respect to the part. The person may accept or reject an
anatomical gift in whole or in part. Subject to the terms of the document of
gift and this act, a person that accepts an anatomical gift of an entire body
may allow embalming, burial, terramation or cremation, and use of
remains in a funeral service. If the gift is of a part, the person to which the
part passes under K.S.A. 65-3230, and amendments thereto, upon the
death of the donor and before embalming, burial, terramation or
cremation, shall cause the part to be removed without unnecessary
mutilation.
(i) Neither the physician who attends the decedent at death nor the
physician who determines the time of the decedent's death may participate
in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the
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body of a donor that the physician or technician is qualified to remove.
Sec. 32. K.S.A. 65-67a03 is hereby amended to read as follows: 65-
67a03. This act shall not apply to:
(a) The transfer of fetal tissue to a pathologist for testing or
examination; or
(b) the transfer of fetal tissue for the purpose of immediate burial,
terramation, cremation or final disposition.
Sec. 33. K.S.A. 2025 Supp. 74-7301 is hereby amended to read as
follows: 74-7301. As used in this act:
(a) "Allowance expense" means reasonable charges incurred for
reasonably needed products, services and accommodations, including
those for medical care, rehabilitation, rehabilitative occupational training
and other remedial treatment and care and for the replacement of items of
clothing or bedding which were seized for evidence. "Allowance expense"
includes a total charge not in excess of $7,500 for expenses in any way
related to funeral, terramation, cremation or burial; but "allowance
expense" shall not include that portion of a charge for a room in a hospital,
clinic, convalescent or nursing home or any other institution engaged in
providing nursing care and related services, in excess of a reasonable and
customary charge for semi-private accommodations, unless other
accommodations are medically required. "Allowance expense" includes a
total charge not in excess of $2,500 for expenses in any way related to
crime scene cleanup.
(b) "Board" means the crime victims compensation board established
under K.S.A. 74-7303, and amendments thereto.
(c) "Claimant" means any of the following persons claiming
compensation under this act:
(1) A victim;
(2) a dependent of a deceased victim;
(3) a third person other than a collateral source; or
(4) an authorized person acting on behalf of any of them.
(d) "Collateral source" means the net financial benefit, after
deduction of taxes, legal fees, costs, expenses of litigation, liens, offsets,
credits or other deductions, from a source of benefits or advantages for
economic loss otherwise reparable under this act which the victim or
claimant has received, or which is readily available to the victim or
claimant, from:
(1) The offender;
(2) the government of the United States or any agency thereof, a state
or any of its political subdivisions or an instrumentality or two or more
states, unless the law providing for the benefits or advantages makes them
excess or secondary to benefits under this act;
(3) social security, medicare and medicaid;
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(4) state-required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for loss
which the victim sustained because of the criminally injurious conduct;
(8) a contract providing prepaid hospital and other health care
services or benefits for disability; or
(9) damages awarded in a tort action.
(e) "Criminally injurious conduct" means conduct that: (1) (A)
Occurs or is attempted in this state or occurs to a person whose domicile is
in Kansas who is the victim of a violent crime which occurs in another
state, possession, or territory of the United States of America may make an
application for compensation if:
(i) The crimes would be compensable had it occurred in the state of
Kansas; and
(ii) the places the crimes occurred are states, possessions or territories
of the United States of America not having eligible crime victim
compensation programs;
(B) poses a substantial threat or personal injury or death; and
(C) either is punishable by fine, imprisonment or death or would be
so punishable but for the fact that the person engaging in the conduct
lacked capacity to commit the crime under the laws of this state; or
(2) is an act of terrorism, as defined in 18 U.S.C. § 2331, or a violent
crime that posed a substantial threat or caused personal injury or death,
committed outside of the United States against a person whose domicile is
in Kansas, except that criminally injurious conduct does not include any
conduct resulting in injury or death sustained as a member of the United
States armed forces while serving on active duty.
"Criminally injurious conduct" does not include conduct arising out of
the ownership, maintenance or use of a motor vehicle, except for
violations of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or
violations of municipal ordinances or county resolutions prohibiting the
acts prohibited by those statutes, or violations of K.S.A. 8-1602, and
amendments thereto, K.S.A. 21-3404, 21-3405 or 21-3414, prior to their
repeal, or K.S.A. 21-5405, 21-5406 or 21-5413(b), and amendments
thereto, or when such conduct was intended to cause personal injury or
death.
(f) "Dependent" means a natural person wholly or partially dependent
upon the victim for care or support, and includes a child of the victim born
after the victim's death.
(g) "Dependent's economic loss" means loss after decedent's death of
contributions of things of economic value to the decedent's dependents, not
including services they would have received from the decedent if the
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decedent had not suffered the fatal injury, less expenses of the dependents
avoided by reason of decedent's death.
(h) "Dependent's replacement services loss" means loss reasonably
incurred by dependents after decedent's death in obtaining ordinary and
necessary services in lieu of those the decedent would have performed for
their benefit if the decedent had not suffered the fatal injury, less expenses
of the dependents avoided by reason of decedent's death and not subtracted
in calculating dependent's economic loss.
(i) "Economic loss" means economic detriment consisting only of
allowable expense, work loss, replacement services loss and, if injury
causes death, dependent's economic loss and dependent's replacement
service loss. Noneconomic detriment is not loss, but economic detriment is
loss although caused by pain and suffering or physical impairment.
(j) "Noneconomic detriment" means pain, suffering, inconvenience,
physical impairment and nonpecuniary damage.
(k) "Replacement services loss" means expenses reasonably incurred
in obtaining ordinary and necessary services in lieu of those the injured
person would have performed, not for income, but for the benefit of self or
family, if such person had not been injured.
(l) "Work loss" means loss of income from work the injured person
would have performed if such person had not been injured, and expenses
reasonably incurred by such person in obtaining services in lieu of those
the person would have performed for income, reduced by any income from
substitute work actually performed by such person or by income such
person would have earned in available appropriate substitute work that the
person was capable of performing but unreasonably failed to undertake.
(m) "Victim" means a person who suffers personal injury or death as
a result of:
(1) Criminally injurious conduct;
(2) the good faith effort of any person to prevent criminally injurious
conduct;
(3) the good faith effort of any person to apprehend a person
suspected of engaging in criminally injurious conduct; or
(4) witnessing a violent crime when the person was 16 years of age or
younger at the time the crime was committed.
(n) "Crime scene cleanup" means removal of blood, stains, odors or
other debris caused by the crime or the processing of the crime scene and
may include replacement of materials that were removed because such
materials were biohazardous or were damaged as part of evidence
collection.
Sec. 34. K.S.A. 75-712g is hereby amended to read as follows: 75-
712g. (a) Any law enforcement agency of a political subdivision of this
state shall receive reports of any unidentified persons or human remains.
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The law enforcement agency shall enter the report immediately, and in no
case later than 24 hours after receipt of the report, into the missing person
system of the national crime information system and the missing and
unidentified person system of the Kansas bureau of investigation.
(b) Notwithstanding any other action deemed appropriate for the
handling of unidentified human remains, the coroner, in conjunction with
the law enforcement agencies involved, shall make reasonable attempts to
promptly identify such remains. Such attempts may include, but are not
limited to, obtaining: Photographs of the human remains, prior to an
autopsy; dental or skeletal x-rays; photographs of items found with the
human remains; fingerprints from the remains, if possible; samples of
tissue suitable for DNA typing, if possible; samples of whole bone or hair,
or both, suitable for DNA typing; and any other information that may
support identification efforts.
(c) The coroner shall submit any photos, dental x-rays, skeletal x-
rays, fingerprints and other evidence relevant to identification to the
reporting law enforcement agency within one week of obtaining them, if
identification efforts have otherwise failed.
(d) If unidentified human remains have not been identified by other
means within 30 days, the law enforcement agency shall make reasonable
efforts to obtain prompt DNA analysis of biological samples by submitting
the DNA biological samples to the Kansas bureau of investigation
laboratory for analysis.
(e) No coroner or other person shall dispose of, or engage in actions
that will materially affect, unidentified human remains before the coroner
obtains samples suitable for DNA identification and archiving,
photographs of the unidentified person or human remains and all other
appropriate steps for identification have been exhausted.
(f) Cremation or terramation of unidentified human remains is
prohibited.
Sec. 35. K.S.A. 21-6106, 22a-215, 22a-246, 40-3103, 65-904, 65-
1713, 65-1713a, 65-1723, 65-1727, 65-1734, 65-1751, 65-1753, 65-3233,
65-67a03 and 75-712g and K.S.A. 2025 Supp. 65-1732, 65-2401, 65-
2426a and 74-7301 are hereby repealed.
Sec. 36. This act shall take effect and be in force from and after its
publication in the statute book.
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