Maine Code § 22-2843

Permits for final disposition of dead human bodies
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Except as authorized by the department, a dead human body may not be buried, cremated, subjected
to natural organic reduction or otherwise disposed of or removed from the State until a funeral director
or other authorized person in charge of the disposition of the dead human body or its removal from the

State has obtained a permit from the State Registrar of Vital Statistics or the clerk of the municipality
where death occurred or where the establishment of a funeral director having custody of the dead human
body is located as specified by department rule. The permit is sufficient authority for final disposition
in any place where dead human bodies are disposed of in this State, as long as the requirements of
section 2900-A and Title 32, section 1405 are met in appropriate cases. The permit may not be issued
to anyone other than a funeral director until the state registrar or the clerk of the municipality receives
a medical certificate that has been signed by a physician or a medical examiner that indicates that the
physician or medical examiner has personally examined the body after death. A permit must also be
issued if a nurse practitioner or physician associate has signed the medical certificate indicating that the
nurse practitioner or physician associate has knowledge of the deceased's recent medical condition or
was in charge of the deceased's care and that the nurse practitioner or physician associate has personally
examined the body after death. The authorized person may transport a dead human body only upon
receipt of this permit. [PL 2025, c. 316, §3 (REV); PL 2025, c. 390, Pt. A, §39 (AMD).]
The State Registrar of Vital Statistics or a municipal clerk may issue a permit for final disposition
by cremation, burial at sea, use by medical science, natural organic reduction or removal from the State
only upon receipt of a certificate by a duly appointed medicolegal death investigator or medical
examiner as specified in Title 32, section 1405 or section 2900-A, subsection 8. [PL 2023, c. 676,
§11 (AMD).]
1. Permit for transportation. Each dead human body transported into this State for final
disposition must be accompanied by a permit issued by the duly constituted authority at the place of
death. Such permit is sufficient authority for final disposition in any place where dead human bodies
are disposed of in this State.
[PL 2009, c. 601, §27 (AMD).]
2. Permit for disinterment or removal. A dead human body may not be disinterred or removed
from any vault or tomb until the person in charge of the disinterment or removal has obtained a permit
from the State Registrar of Vital Statistics or from the clerk of the municipality where the dead human
body is buried or entombed. The permit must be issued upon receipt of a notarized application signed
by the next of kin of the deceased who verifies that the signer is the closest surviving known relative
and, when any other family member of equal or greater legal or blood relationship or a domestic partner
of the decedent also survives, that all such persons are aware of, and do not object to, the disinterment
or removal. This subsection does not preclude a court of competent jurisdiction from ordering or
enjoining disinterment or removal pursuant to section 3029 or in other appropriate circumstances.
[PL 2021, c. 567, §19 (AMD).]
3. Permit for burial. The person in charge of each burying ground, crematory or natural organic
reduction facility in this State shall endorse, and provide the date the body was disposed of on, each
such permit with which that person is presented and return it to the State Registrar of Vital Statistics or
to the clerk of the municipality in which such burying ground, crematory or facility is located within 7
days after the date of disposition. If there is no person in charge of the burying ground, an official of
the municipality in which the burying ground is located shall endorse, and provide the date the body
was disposed of on, each such permit and present it to the State Registrar of Vital Statistics or the clerk
of the municipality. The funeral director or authorized person shall present a copy of each permit, after
endorsement, to the State Registrar of Vital Statistics or the clerk of the municipality where death
occurred and to the clerk who issued the permit.
[PL 2023, c. 676, §12 (AMD).]
3-A. Authorization for burial of cremated or other remains in public burying ground.
[PL 2025, c. 390, Pt. A, §40 (RP).]
4. Records. Each municipality shall maintain a record of any endorsed or electronically affirmed
permit received pursuant to subsection 3 in the electronic death registration system described in section

2847. A copy of an endorsed or electronically affirmed permit must be made available to a member of
the public upon a request made to the municipal clerk. The State Registrar of Vital Statistics may adopt
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to carry out the purposes of this
subsection.
[PL 2023, c. 67, §5 (AMD).]

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