Funeral and cremation procedures in Idaho are governed by state law. When a funeral home takes possession of a deceased person, Idaho law requires the funeral home to complete state-prescribed forms relating to the death, identity, and final disposition. In most cases, the attending physician certifies the cause of death, and the family or other legally authorized person identifies and authorizes the final disposition. If the body is to be cremated, Idaho law then requires the county coroner to sign the permit to cremate.

Earlier this year, the Bannock County Coroner’s Office began requiring an additional identification form before signing those permits. The funeral home’s position is that this additional local requirement is not authorized by existing Idaho law. That concern is particularly significant because legislation that would have imposed a similar identification requirement was recently presented to the Legislature but was not enacted (Idaho Senate Bill 1392). The funeral home’s position is that a new requirement of this nature should be established through the legislative process, rather than imposed as a local administrative requirement by an individual county office. Otherwise, individual coroners could potentially impose different requirements from county to county, resulting in inconsistent cremation procedures throughout Idaho despite an existing statewide statutory framework.

The concern is that cremation permits have been and can be withheld or delayed even when the death has been certified as natural, no coroner investigation is being conducted, and the requirements imposed by Idaho law have otherwise been satisfied.

The funeral home is seeking a determination so that the respective responsibilities of funeral homes and the Coroner’s Office are clear and the requirements established by Idaho law are followed consistently going forward.