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State Regulation of Cryonics


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#1 Bruce Klein

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Posted 08 February 2004 - 08:20 AM


Lobbyist Questions Need For State Regulation Of Cryonics
By Phil Riske
http://www.azcapitol...2&ArticleID=548

Negotiations are continuing over draft legislation to regulate companies that preserve bodies in hope they someday can be revived, state officials say.

The officials and representatives of the cryonics industry have been discussing a proposed bill to bring Alcor Life Extension Foundation of Scottsdale under state oversight.

The controversy over Alcor’s alleged mistreatment of the remains of baseball great Ted Williams led Rudy Thomas, director of the Arizona Board of Funeral Directors and Embalmers, and Rep. Bob Stump, R-Dist. 9, to consider state regulation of the company.

Sports Illustrated reported last year that Mr. Williams’ head was severed from his body and cracked when holes were drilled in it. The article was based on statements by a former Alcor employee, who was fired.

If the magazine report were true, Mr. Thomas says, the facility violated state law prohibiting mutilation of a body.

“He is wrong,” says Barry Aarons, recently hired by Alcor as a lobbyist and spokesman. “There is no problem with what Alcor did. No protocols were violated.”

Mr. Aarons said negative publicity about Alcor is the result of a Williams family feud over whether the late baseball legend indicated he wanted his body taken to the facility, which preserves bodies in liquid nitrogen.

Alcor is not necessarily opposed to state regulation, Mr. Aarons said, but asked, “What is the problem that cries out for regulation?” He said he would prefer the state become knowledgeable about cryonics before proposing legislation to regulate it.

Mortuary Procedures Are Different From Saving Tissue, Lobbyist Says

“You are dealing with a completely different set of protocols, chemicals and procedures” compared to mortuary procedures, Mr. Aarons said. “We’re concerned about whoever does that [regulates] has expertise, knowledge, funding and ability to understand cryo-preservation, rather than just embalming.”

And, he added, new regulations would have to consider other circumstances where bodies or body parts and tissue are not buried, such as with brain banks, medical schools, and anthropology institutes. “What about teeth and hair?” Mr. Aarons asked.

“We’re getting into a whole new area,” he said. “…Maintaining tissue for survival is 180 degrees from what the funeral board does.”

Alcor is regulated by the federal and state Anatomical Gifts Act, which provide guidelines for organ donation organizations and research labs. The acts permit Alcor to acquire full legal custody over a human body.

Mr. Aarons said Alcor is not trying to avoid regulation, but added that the funeral board and the Department of Health Services are not equipped to handle cryonics issues. Perhaps it is a matter for the Arizona Medical Board, he said.

After the Ted Williams controversy was reported, the Arizona Attorney General’s Office received requests that it investigate Alcor. The agency has neither confirmed nor denied an investigation.

New York and Florida have enacted laws regulating cryonics, and Michigan last year placed a cryonics institute under the authority of a state agency that regulates mortuaries and cemeteries.

Mr. Stump, whose father owned a mortuary, said in an Arizona Capitol Times interview last year, “We need to ensure that families have adequate options if their loved ones’ remains are mishandled by anyone. And we need to ensure that we have proper mechanisms in place for families to file complaints.”

The deadline for filing House bills is Feb. 9—

#2 Bruce Klein

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Posted 08 February 2004 - 08:25 AM

Does anyone know who Barry Aarons is?

Is this him?

#3 thefirstimmortal

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Posted 08 February 2004 - 06:29 PM

Hmm, I really better get me Arse in gear on the cryonics project. Bruce, if you get the time, could you propose a resolution adding an extra 4 hours to our current 24 hour days.

#4 Bruce Klein

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Posted 09 February 2004 - 02:57 PM

Will, you really need an extra legal mind in there helping ya. You need more people bouncing ideas back and forth. Perhaps we need to formulate an ImmInst Legal Team. Draft a mission statement, and then formally solicit help into a created ImmInst Legal Team forum. Perhaps you and I can hammer out a proposal to the ImmInst board?

#5 thefirstimmortal

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Posted 09 February 2004 - 08:09 PM

Will, you really need an extra legal mind in there helping ya.  You need more people bouncing ideas back and forth.  Perhaps we need to formulate an ImmInst Legal Team.  Draft a mission statement, and then formally solicit help into a created ImmInst Legal Team forum.  Perhaps you and I can hammer out a proposal to the ImmInst board?


Yeah, we need to get a larger team, and there are several legal minds that we should gather, like Bruce Ettinger ect, and Alcor has some legal minds also. The current problem is that because of the lack of case law on the matter, legal theories have to be developed, and those thoeries need to be drawn from current case law that in no way directly mentions cryonics, or like activities. No case has ever sought to protect the right to Immortality. As far as soliciting help, would love it, but I need to have ducks all in a row before we get to that point. This no doubt is a humungous undertaking, and I've barely scratched the surface. If you want to hammer out some pre-propsal, that might be helpfull.

#6 thefirstimmortal

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Posted 09 February 2004 - 08:10 PM

.....Oh yeah, and the whole idea that I was going to take the summer off from this project, scratch that.

#7 mathewsullivan

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Posted 22 February 2004 - 06:04 AM

The link to Barry Aarons is correct.

#8 thefirstimmortal

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Posted 22 February 2004 - 06:08 AM

AN ACT

AMENDING TITLE 32, CHAPTER 12, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-1340; AMENDING SECTIONS 32-1361 AND 32-1390.01, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 7, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-851; RELATING TO FUNERAL DIRECTORS AND EMBALMERS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 32-1340, to read:

32-1340. Storage of body or remains; licensure; registration; definition

A. A PERSON OR ENTITY SHALL BE LICENSED OR REGISTERED PURSUANT TO THIS CHAPTER IF THE PERSON OR ENTITY STORES A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS EVEN IF THE STORAGE BEGINS BEFORE JANUARY 1, 2005.

B. FOR THE PURPOSES OF THIS SECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID.

Sec. 2. Section 32-1361, Arizona Revised Statutes, is amended to read:

32-1361. Prohibition of embalming or storage by certain persons; certification of embalming; definition

A. Only a licensed embalmer, a licensed intern, a registered embalmer's assistant, a registered apprentice embalmer or a student who assists a licensed embalmer in the embalming of dead human bodies pursuant to section 32-1337 shall embalm a dead human body OR STORE A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS. A licensed intern, registered apprentice embalmer or student may only embalm a dead human body OR STORE A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS ONLY under the direct supervision of a licensed embalmer.

B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer's signature and license number.

C. FOR THE PURPOSES OF THIS SECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID.

Sec. 3. Section 32-1390.01, Arizona Revised Statutes, is amended to read:

32-1390.01. Funeral establishments; disciplinary action; civil penalty

A. The board may deny or refuse to renew the license of a funeral establishment or may take disciplinary action against a funeral establishment for any of the following reasons:

1. Fraud or misrepresentation in obtaining a license.

2. Failure to employ and designate a responsible funeral director.

3. The display or use of a funeral establishment license at any place other than the establishment to which it is issued.

4. A violation of any provision of title 44, chapter 10, article 7.

5. A violation of any provision of this chapter or a rule adopted pursuant to this chapter.

6. An act by an agent or an employee of a funeral establishment that violates any provision of this chapter or rules adopted pursuant to this chapter.

B. The acts or omissions of an agent or employee of a funeral establishment that violate any provision of this chapter or rules adopted pursuant to this chapter are considered to be the acts or omissions of the funeral establishment.

C. If the board finds that a funeral establishment has committed an offense listed in subsection A, it may take any of the following actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the board considers necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee, including restitution to any customer or other person who was injured by a violation of this chapter or A rule adopted pursuant to this chapter.

3. Impose a civil penalty not to exceed three thousand dollars per violation.

4. Revoke the license of the establishment pursuant to a disciplinary proceeding.

5. Suspend the license for not more than ninety days for a first offense or not more than one hundred eighty days for a second offense.

D. THE BOARD'S POWER UNDER THIS SECTION EXTENDS TO ANY PERSON OR ENTITY THAT STORES A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS EVEN IF THE STORAGE BEGINS BEFORE JANUARY 1, 2005. FOR THE PURPOSES OF THIS SUBSECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID.

Sec. 4. Title 36, chapter 7, article 3, Arizona Revised Statutes, is amended by adding section 36-851, to read:

36-851. Applicability; definition

A. THIS ARTICLE DOES NOT APPLY TO A PERSON OR ENTITY THAT CHARGES A FEE FOR THE STORAGE OF A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS.

B. FOR THE PURPOSES OF THIS SECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID.

Sec. 5. Effective date

This act is effective from and after December 31, 2004.

#9 Bruce Klein

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Posted 25 February 2004 - 07:31 AM

After reading this article again... the following stands out as quite important in the defense of Alcor:

Alcor is regulated by the federal and state Anatomical Gifts Act, which provide guidelines for organ donation organizations and research labs. The acts permit Alcor to acquire full legal custody over a human body.






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