TITLE 39

HEALTH AND SAFETY

CHAPTER 2

VITAL STATISTICS

39-269.  Disinterment — Rules. (1) No body or stillborn fetus shall be disinterred within the state of Idaho except upon a permit granted by the state registrar of vital statistics. The forms of disinterment permits shall be prepared by the state registrar.

(2)  Disinterment and removal must be done under the personal supervision of a licensed mortician, and only upon verified application of the person or persons having the highest authority under the provisions of section 54-1142, Idaho Code. Only such persons as are actually necessary shall be present. The person having the highest authority under the provisions of section 54-1142, Idaho Code, may choose to be present or may choose the designee to attend in the person’s place. The coffin shall not be opened either at place of disinterment or place of destination, except by special permit issued by the state registrar.

(3)  In the case of disinterment of bodies dead by reason of contagious and infectious diseases, as shown by the certificate of death given by the certifying physician or coroner, the sexton and all other persons engaged in such removal or being present shall immediately thereafter change and disinfect their clothing and properly disinfect their hands, head and face, provided, that such disinterment may also be governed by rules promulgated by the state board of health and welfare and a synopsis of the same shall be printed on the back of every permit. In case of any contagious and infectious disease where remains are to be shipped to points in other states, permission must first be obtained from the state health officer of such state.

(4)  The state registrar may also issue a special disinterment permit for legal purposes. This permit for legal purposes shall be granted only upon application of a prosecuting attorney, the attorney general of this state, or the coroner of the county in which the body is interred, stating therein such facts which make it evident to the state registrar that the ends of justice require that disinterment be permitted. Such special disinterment for legal purposes shall be governed by rules promulgated by the state board of health and welfare and a synopsis of the same shall be printed on the back of every such special disinterment permit for legal purposes.

(5)  Bodies in a receiving vault when prepared by a licensed mortician shall not be regarded as disinterred bodies until after the expiration of thirty (30) days.

History:

[(39-269) C.S., sec. 1633a, as added by 1923, ch. 89, sec. 1, p. 101; I.C.A., sec. 38-210; am. 1974, ch. 23, sec. 59, p. 633; am. and redesignated 1983, ch. 7, sec. 31, p. 41; am. 1994, ch. 105, sec. 5, p. 236; am. 2006, ch. 109, sec. 1, p. 302; am. 2023, ch. 203, sec. 1, p. 567.]