Section 135.05. Preparation and funeral.

 

(1)   Preparation for burial or for entombment.

(a) In removing bodies and preparing them for burial or other disposition or for transportation, the funeral director and registered apprentice funeral director shall use universal precautions and otherwise exercise all reasonable precautions to minimize the risk of transmitting any reportable communicable disease from the corpse.

(b) Any member of the immediate family of a deceased person may prepare the body for burial or other final disposition, except that no person may embalm a corpse unless that person is licensed as a funeral director, and no member of the immediate family may prepare a corpse for burial or other final disposition if there is risk of transmitting a communicable disease from the corpse, either because a communicable disease was the cause of death or the individual had a communicable disease at the time of death, unless the local health officer determines that the risks of transmitting the disease from the corpse are minimal.

(c) A corpse need not be embalmed when prepared for burial, entombment or cremation unless it is to be shipped by common carrier as provided under par. (d) .

(d) Every corpse to be shipped by common carrier shall be embalmed except a corpse that it is not possible to embalm, a corpse donated to a school for research and training purposes under s. DHS 135.06 (2) , or when the immediate family of the deceased objects to embalming on religious grounds. Whenever a corpse to be shipped by common carrier is not embalmed or is in a state of decomposition, the corpse may be shipped only after being enclosed in a strong, tightly sealed outer case.

(e) Embalming standards shall be as specified in ch. DHS 136 .

(f) No one other than the licensed funeral director and registered apprentice funeral director shall be allowed in the embalming room during the embalming except at the request of or with the permission of the immediate family of the deceased. Apart from these exceptions, the preparation of human corpses for final disposition shall be entirely private.

(g) A large-type copy of par. (f) shall be permanently fastened to the door of the preparation or embalming room in all funeral establishments.

(h) A licensed funeral director may embalm and otherwise prepare for burial or other disposition a human corpse in the home of a deceased person or in the home of a relative of the deceased person.

(2)   Funerals. A funeral may be conducted from the home of the deceased person or from the home of a relative of the deceased person.

History: Cr. Register, January, 1993, No. 445 , eff. 2-1-93 ; correction in (1) (e) made under s. 13.92 (4) (b) 7. , Stats., Register January 2009 No. 637 .

Note

Reportable communicable diseases are those listed in ch. DHS 145 . Microsoft Windows NT 6.1.7601 Service Pack 1 When a death has occurred under any of the circumstances listed in s. 979.01 (1) , Stats., embalming must be delayed until authorized in writing by the coroner or medical examiner of the county in which the injury or other cause of death occurred, pursuant to s. 979.01 (4) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1