Idaho State Statutes - Idaho Attorney Directory

(a) The mortician or person
acting as such who first assumes possession of a dead body or stillborn fetus
shall make a written report to the registrar of the district in which death or
stillbirth occurred or in which the body or stillborn fetus was found within
twenty-four (24) hours after taking possession of the body or stillborn fetus,
on a form prescribed and furnished by the state registrar and in accordance
with regulations promulgated by the board. Except as specified in subsection
(b) of this section, the written report shall serve as permit to transport,
bury or entomb the body or stillborn fetus within this state, provided that
the mortician or person acting as such shall certify that the physician in
charge of the patient's care for the illness or condition which resulted in
death or stillbirth has been contacted and has affirmatively stated that said
physician or the physician's designate according to section 39-260(a)(2) or
(d)(1), Idaho Code, will sign the certificate of death or stillbirth.
(b) The written report as specified in subsection (a) of this section
shall not serve as a permit to:
(1) Remove a body or stillborn fetus from this state;
(2) Cremate the body or stillborn fetus; or
(3) Make disposal or disposition of any body or stillborn fetus in any
manner when inquiry is required under chapter 43, title 19, Idaho Code, or
section 39-260(b) or (e), Idaho Code.
(c) In accordance with the provisions of subsection (b) of this section,
the mortician or person acting as such who first assumes possession of a dead
body or stillborn fetus shall obtain an authorization for final disposition
prior to final disposal or removal from the state of the body or stillborn
fetus. The physician or coroner responsible for signing the death or
stillbirth certificate shall authorize final disposition of the body or
stillborn fetus, on a form prescribed and furnished by the state registrar. If
the body is to be cremated, the coroner must also give additional
authorization. In the case of stillbirths, the hospital may dispose of the
stillborn fetus if the parent(s) so requests; authorization from the coroner
is not necessary unless the coroner is responsible for signing the certificate
of stillbirth.
(d) When a dead body or stillborn fetus is transported into the state, a
permit issued in accordance with the law of the state in which the death or
stillbirth occurred or in which the body or stillborn fetus was found shall
authorize the transportation and final disposition within the state of Idaho.
(e) A permit for disposal shall not be required in the case of a dead
fetus of less than twenty (20) weeks gestation and less than three hundred
fifty (350) grams or twelve and thirty-five hundredths (12.35) ounces where
disposal of the fetal remains is made within the institution where the
delivery of the dead fetus occurred.

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