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

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1392 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO MORTICIANS, FUNERAL DIRECTORS, AND EMBALMERS; AMENDING SEC-2 TION 54-1143, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING DEFINITIVE3 IDENTIFICATION AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN4 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 54-1143, Idaho Code, be, and the same is hereby7 amended to read as follows:8 54-1143. RIGHT TO RELY -- DEFINITIVE IDENTIFICATION. (1) Any person9 signing a funeral service agreement or cremation authorization form or any10 other authorization for disposition, whether part of a prearranged funeral11 plan or at time of death, shall be deemed to warrant the truthfulness of any12 facts set forth therein, including the identity of the deceased whose re-13 mains are sought to be buried or cremated and the signer's authority to order14 such disposition.15 (2) A funeral establishment, cemetery, or crematory establishment16 shall have the right to rely on such authorization and shall have authority17 to dispose of human remains upon the receipt of an authorization form signed18 by the decedent or by the person having the right to control disposition as19 set forth in section 54-1142, Idaho Code, or upon authorization by the county20 coroner pursuant to section 31-2802, Idaho Code, as long as such funeral21 establishment, cemetery, or crematory establishment also complies with the22 provisions of subsections (3) and (4) of this section. There shall be no lia-23 bility of a funeral establishment, cemetery or crematory establishment that24 disposes of human remains pursuant to such authorization, or that releases25 or disposes of the remains pursuant to such authorization.26 (3) Prior to making an application for cremation, a funeral establish-27 ment, cemetery, or crematory establishment shall verify that a definitive28 identification of the decedent has been made by an attending physician,29 physician assistant, advanced practice professional nurse, or the county30 coroner pursuant to the provisions of section 39-260, Idaho Code.31 (4) Prior to performing a cremation, a funeral establishment, ceme-32 tery, or crematory establishment shall verify that the decedent to be33 cremated is the same individual who was definitively identified as provided34 for in subsection (3) of this section.35 (5) For the purposes of this section, "definitive identification"36 means to verify an individual's identity definitively or with high confi-37 dence through a method such as fingerprinting, DNA analysis, government-is-38 sued photographic identification, or a visual identification by a legal next39 of kin to confirm that an individual is accurately identified.40

2 (6) There shall be no liability for a funeral establishment, cemetery,1 or crematory establishment that disposes of human remains in compliance with2 the provisions of this section.3

SECTION 2. An emergency existing therefor, which emergency is hereby4 declared to exist, this act shall be in full force and effect on and after5 July 1, 2026.6