# Title 33 — State Department of Health

## Article 33-04 — Health Statistics

## Chapter 33-04-10 — Permits

### § 33-04-10-01. Hospital disposition of fetus.

A hospital, by written authorization of the parents, may dispose of a dead fetus of any period of
gestation. A burial-transit permit must also be obtained from the state registrar for the disposition of a
fetus if the fetus has reached gestation period of twenty completed weeks. The hospital must file the
completed burial-transit permit with the county recorder in the registration district where the final
disposition takes place.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04
### § 33-04-10-02. Removal of body.

1. Requirements for removal of body. Before removing a dead body or fetus from the place of
death, the funeral director or person acting as such shall:
a. Obtain assurances from the attending physician that death is from natural causes and
that the physician will assume responsibility for certifying to the cause of death or fetal
death; or
b. Contact the coroner if the case comes within the coroner's jurisdiction and receive
authorization from the coroner to remove the body.
2. Burial-transit permits. The original burial-transit permit shall be filed with the county recorder
in that registration district in which final disposition takes place.
All subregistrars shall return all completed stub sections of such burial-transit permits to the
county recorder upon demand, but at no time to exceed a period of thirty days.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04
### § 33-04-10-03. Disposal of permits.

Burial-transit permits must be retained permanently by the county recorder.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04
### § 33-04-10-04. Disinterment permits.

A disinterment permit shall be issued by the state registrar upon receipt of a written application
signed by the next of kin and licensed embalmer who is in charge of the disinterment or upon receipt of
an order of a court of competent jurisdiction directing such disinterment. Upon receipt of a court order
or signed permission of the next of kin, the state registrar may issue one permit to authorize the

disinterment and reinterment of all remains in a mass disinterment provided that insofar as possible the
remains of each body be identified and place of disinterment and reinterment be specified. The
disinterment permit shall be the authorization for disinterment, transportation, and reinterment.
A dead body properly prepared by an embalmer and deposited in a receiving vault shall not be
considered a disinterment when removed from the vault for final burial.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04
