TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 325-A
CREMATION OF HUMAN REMAINS

Section 325-A:1

    325-A:1 Definitions. –
In this chapter:
I. "Alternative container" means a container in which human remains are placed in a cremation chamber for cremation.
II. "Authorizing agent" means a person vested with the right to control the disposition of human remains pursuant to RSA 290.
III. "Board" means the state board of registration of funeral directors and embalmers established under RSA 325:2.
IV. "Casket" means a rigid container made of wood, metal, or other similar material, ornamented and lined with fabric, which is designed for the encasement of human remains.
V. "Cremated remains" means the residue of human remains recovered after cremation and the processing of such remains by pulverization, leaving only bone fragments reduced to unidentifiable dimensions, and the unrecoverable residue of any foreign matter, such as eyeglasses, bridgework, or other similar material, that was cremated with the human remains.
VI. "Cremated remains receipt form" means a form provided by a crematory authority to an authorizing agent or his or her representative that identifies cremated remains and the person authorized to receive such remains.
VII. "Cremation" means the technical process that uses heat and evaporation to reduce human remains to bone fragments.
VIII. "Cremation chamber" means the enclosed space within which a cremation takes place.
IX. "Crematory" means a building or portion of a building which contains a cremation chamber and holding facility.
X. "Crematory authority" means the legal entity subject to licensure by the board to maintain and operate a crematory and perform cremation.
XI. "Crematory operator" means a person who is responsible for the operation of a crematory.
XII. "Delivery receipt form" means a form provided by a funeral establishment to a crematory authority to document the receipt of human remains by such authority for the purpose of cremation.
XIII. "Funeral director" means funeral director as defined in RSA 325.
XIV. "Holding facility" means the area of a crematory designated for the retention of human remains prior to cremation and includes a refrigerated facility.
XV. "Human remains" means the body of a deceased person, or a human body part, in any stage of decomposition and includes limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research.
XVI. "Permanent container" means a receptacle made of durable material for the long-term placement of cremated remains.
XVII. "Temporary container" means a receptacle made of cardboard, plastic, or other similar material in which cremated remains are placed prior to the placement of such remains in an urn or other permanent container.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:2

    325-A:2 Crematory; License Required. – A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the board under this chapter. The board shall issue a license to a crematory authority that satisfies the requirements for licensure under the chapter. Human remains shall not be cremated in this state except at a crematory operated by a crematory authority licensed under this chapter.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:3

    325-A:3 Building and Location Requirements. –
I. A crematory shall conform to all building codes and environmental regulations.
II. A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.
III. A person intending to construct a crematory shall, upon application for a building permit, provide notice of the intent to all owners of property within 250 feet of the proposed crematory by verified mail, as defined in RSA 21:53.

Source. 2006, 288:2, eff. July 1, 2006. 2018, 150:1, eff. Jan. 1, 2019. 2019, 242:3, eff. Oct. 10, 2019.

Section 325-A:4

    325-A:4 License; Application; Requirements; Fee. – An applicant for an initial or renewal license as a crematory authority shall file a written application with the board. The application shall be accompanied by the license fee required under RSA 325-A:7 and a certificate confirming that the crematory operator has attended, prior to issuance of the license, a training course provided by the Cremation Association of North America or by the manufacturer of the cremation chamber maintained and operated by the crematory authority and shall set forth the full name and address of the applicant, the address and location of the crematory, the name of the crematory operator, the name and address of the owner of the crematory, and additional information as required by the board, including affirmative evidence of the applicant's ability to comply with rules adopted under this chapter. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and shall only be used for administrative purposes.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:5

    325-A:5 License; Expiration. – Except as otherwise provided in this chapter, licenses issued pursuant to this chapter shall expire 5 years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:6

    325-A:6 Change in Location, Ownership, or Name. –
I. A crematory authority desiring to relocate a crematory shall file a written application with the board at least 30 days prior to the designated date of such relocation. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A.
II. A crematory authority desiring to change ownership of a crematory shall file a written application with the board at least 30 days prior to the designated date of such change. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A.
III. A crematory authority desiring to change its name shall file a written application with the board at least 30 days prior to such change. The application shall be accompanied by a fee as determined in rules adopted under RSA 541-A.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:7

    325-A:7 Licensure; Fees. –
I. The application for an initial or renewal license as a crematory authority shall include a fee determined in rules adopted under RSA 541-A.
II. If the license application is denied, the license fee shall be returned to the applicant, except that the board may retain an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
III. The board shall collect a fee for reinstatement of a license that has lapsed or has been suspended. The board shall collect a fee for a duplicate original license.
IV. The board shall collect a fee for a certified statement that a crematory authority is licensed in this state and a fee for verification that a crematory authority is licensed in this state.
V. All fees collected by the board under this chapter shall be remitted to the state treasurer for deposit in the general fund of the state.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:8

    325-A:8 Inspection; Board; Duties; Authority for Appointments. –
I. The board shall at least once every 3 years inspect or provide for the inspection of any crematory operated by a crematory authority licensed under this chapter in such manner and at such times as provided in rules adopted by the board.
II. The board shall issue an inspection report and provide a copy of the report to the crematory authority within 10 working days after the completion of an inspection. The board shall review any findings of noncompliance contained in such report within 20 working days after such inspection.
III. If the board determines, after such review, that the evidence supports a finding of noncompliance by a crematory authority with any applicable provisions of this chapter or rules adopted under this chapter, the board may send a letter to the crematory authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the crematory authority submit a statement of compliance within 10 working days, and a notice that the board may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the crematory authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the crematory authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the board may take further action as provided in this chapter.
IV. (a) The board may appoint technical advisors or other investigators to assist with any investigation or adjudication, and may, with the approval of the attorney general, appoint legal counsel for such purposes.
(b) To the extent the board lacks budgeted funds to conduct a significant investigation or adjudication, it may, with the approval of the attorney general, petition governor and council to receive funds not otherwise appropriated in order to retain professional advisors in the proceeding.
(c) If the governor and council approve the use of funds not otherwise appropriated, the governor is authorized to issue a warrant for the approved amount out of any moneys in the treasury not otherwise appropriated. The board shall then promptly increase its licensing fees to the extent necessary to repay the amount advanced to the general fund during the next fiscal year by means of a fee surcharge.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:9

    325-A:9 Repealed by 2023, 212:16, I, eff. Oct. 3, 2023. –

Section 325-A:10

    325-A:10 Repealed by 2023, 212:16, II, eff. Oct. 3, 2023. –

Section 325-A:11

    325-A:11 Deny or Refuse to Renew License; Grounds. –
The board may deny or refuse to renew a license under this chapter or take disciplinary action against a crematory authority licensed under this chapter as provided in RSA 325-A:12 on any of the following grounds:
I. Violation of this chapter or rules adopted and pursuant to this chapter;
II. Conviction of any crime involving moral turpitude;
III. Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory;
IV. Conviction of a violation pursuant to RSA 325-A:15;
V. Obtaining a license as a crematory authority by false representation or fraud;
VI. Misrepresentation or fraud in the operation of a crematory; or
VII. Failure to allow access by an agent or employee of the board to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the board.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:12

    325-A:12 Repealed by 2023, 212:16, III, eff. Oct. 3, 2023. –

Section 325-A:13

    325-A:13 Repealed by 2023, 212:16, IV, eff. Oct. 3, 2023. –

Section 325-A:14

    325-A:14 License Reinstatement or Relicensure. –
I. If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the board and payment of the applicable fee as provided in RSA 325-A:7.
II. If the license of a crematory authority has been placed on probation, such license shall be eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the board determines an inspection is warranted.
III. If the license of a crematory authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in RSA 325-A:7.
IV. If the license of a crematory authority has been suspended, such license may be reinstated by the board prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the board may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the board shall grant full reinstatement of the license, modify the suspension, or deny the petition for reinstatement. The board's decision shall become final 30 days after mailing the decision to the licensee unless the licensee requests a hearing within such period. Any requested hearing shall be held according to rules of the board.
V. If the license of a crematory authority has been revoked, such crematory authority shall not be eligible for relicensure until 5 years after the date of such revocation. A reapplication for an initial license may be made by the crematory authority at the end of such 5-year period.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:15

    325-A:15 Acts Prohibited; Penalty. –
I. Maintaining or operating a crematory in violation of this chapter or any rules of the board is a public nuisance and may be abated as a nuisance as provided by law.
II. It shall be a felony to establish, operate, or maintain a crematory subject to this chapter without being licensed as a crematory authority under this chapter, to hold oneself out to the public as a crematory authority without being licensed, or to perform a cremation without a cremation authorization form signed by the authorizing agent and a completed permit for transit or cremation as provided by the board or a cremation permit.
III. Signing a cremation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a felony.
IV. A violation of any other provision of this chapter is a misdemeanor.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:16

    325-A:16 Injunctions. – The board may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under this chapter. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a crematory without obtaining a license as a crematory authority under this chapter, without alleging any further or more particular facts concerning the same.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:17

    325-A:17 Right to Authorize Cremation. – The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to RSA 290.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:18

    325-A:18 Medical Examiner's Certificate. –
I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be cremated by the crematory authority until the crematory authority has received the certificate of burial permit required by law before burial, and a certificate from a medical examiner that he or she has viewed the body and made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for cremation, the transfer shall not occur until the medical examiner has conducted such a view and inquiry and has issued a certificate. If the death occurs without the state, the reception and cremation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner.
II. The crematory authority shall forward a copy of the cremation certificate to the office of the chief medical examiner, accompanied by a $60 fee. The fee shall be deposited in the medico-legal investigative fund established pursuant to RSA 611-B:28.

Source. 2006, 288:2. 2007, 324:16. 2008, 197:1, eff. June 11, 2008.

Section 325-A:19

    325-A:19 Crematory Authority. –
I. A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the crematory or his or her representative and the funeral director or his or her representative, or the next-of-kin or designated agent as provided in RSA 290.
II. If a crematory authority is unable to cremate the human remains immediately upon taking receipt thereof, the crematory authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to comply with all applicable public health laws, provide for the health and safety of persons employed at such facility, and prevent any unauthorized access to such facility.
III. A crematory authority may refuse to accept for holding an alternative container or casket from which there is any evidence of leakage of the body fluids from the human remains in the container.
IV. If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than 24 hours from the time of death unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:20

    325-A:20 Crematory Operation; Limitations. –
I. No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber.
II. The human remains of more than one person shall not be simultaneously cremated within the same cremation chamber unless the crematory authority has received specific written authorization from the authorizing agent for the human remains to be so cremated.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:21

    325-A:21 Crematory Authority; Requirements. –
I. A crematory authority shall not accept human remains for cremation without a proper label placed on the exterior of the alternative container or casket indicating the name of the deceased and the name and location of the funeral establishment, or the name of the next-of-kin or designated agent as provided in RSA 290.
II. No crematory authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket. No crematory authority shall refuse to accept human remains for cremation if the human remains are not in a casket.
III. No crematory authority shall accept human remains for cremation unless the human remains are delivered to the crematory authority in an alternative container or casket or delivered to the crematory authority's holding facility to be placed in an alternative container or casket. Human remains delivered to a crematory in an alternative container shall not be removed from the alternative container, and the alternative container shall be cremated with the human remains. A crematory authority may refuse a noncombustible casket or any other container that is not an alternative container or a casket or container that is not labeled as required under paragraph I.
IV. An alternative container shall:
(a) Be composed of readily combustible materials suitable for cremation;
(b) Be able to be closed to provide for complete encasement of the human remains;
(c) Be resistant to leakage or spillage;
(d) Be rigid enough for easy handling; and
(e) Provide protection for the health and safety of persons handling such container.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:22

    325-A:22 Cremation Authorization Form. –
I. A crematory authority shall not cremate human remains until it has received a cremation authorization form as provided in paragraph II, a completed and executed permit for transit or cremation as provided by the board or the appropriate cremation permit from the state from which the human remains were delivered, indicating that the human remains are to be cremated, and a delivery receipt form.
II. A cremation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information:
(a) The name of the deceased;
(b) Date and place of death;
(c) The identity of the funeral director involved in the preparation of the human remains for cremation, if any;
(d) Notification that the death did or did not occur from a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health;
(e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;
(f) Authorization by the authorizing agent for the crematory authority to cremate the human remains;
(g) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains;
(h) A representation that the human remains do not contain any material, implants, or conditions that may be potentially hazardous to equipment or persons performing the cremation;
(i) The name of the person authorized to claim the cremated remains from the crematory authority; and
(j) The intended disposition of the cremated remains.
III. A crematory authority shall retain, for at least 7 years after the cremation, in printed or electronic format with suitable backup, copies of the cremation authorization form, permit for transit or cremation as provided by the board or cremation permit, cremated remains receipt form, delivery receipt form, and any other records required under this chapter.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:23

    325-A:23 Signature. –
I. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any person signing a cremation authorization form is personally liable for all damages resulting from false, incorrect, or misleading information contained on such form.
II. A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent and a completed and executed permit for transit or cremation or cremation permit as required by law.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:24

    325-A:24 Potentially Hazardous Conditions. –
I. No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is removed or corrected prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of such potentially hazardous implant or condition in the human remains, the funeral director shall ensure that all necessary steps have been taken to remove or correct the implant or condition before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal or correction of the hazardous implant or condition prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with hazardous implants or conditions are in the custody of a crematory authority, such authority shall have the hazardous implants or conditions removed or corrected by a licensed funeral director and embalmer or a licensed embalmer at a funeral establishment within an embalming preparation room, or at a medical facility by appropriate medical personnel, or at the crematory by an assistant deputy medical examiner of the department of justice.
II. No human remains shall be cremated with the knowledge that the human remains contain jewelry or other valuables unless authorized by the authorizing agent. The authorizing agent shall take all necessary steps to ensure that any jewelry or other valuables are removed prior to cremation. If the authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of jewelry or other valuables on the human remains, the funeral director shall ensure that all necessary steps have been taken to remove the jewelry or other valuables before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal of the jewelry or other valuables prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with jewelry or other valuables are in the custody of a crematory authority, such authority shall provide for the removal of such jewelry or other valuables by a licensed funeral director and embalmer or his or her agent.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:25

    325-A:25 Disputes. –
I. If a crematory authority or funeral establishment is aware of any dispute concerning the cremation of human remains, or has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the crematory authority receives a court order that a dispute with respect to such remains has been settled, the crematory authority or funeral establishment may refuse to accept such human remains for cremation or to perform a cremation of such remains.
II. If a crematory authority or funeral establishment is aware of any dispute concerning the release or disposition of cremated remains, the crematory authority or funeral establishment may refuse to release cremated remains until the dispute has been resolved or the crematory authority or funeral establishment has been provided with a court order authorizing the release or disposition of the cremated remains.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:26

    325-A:26 Cremated Remains; How Treated. –
I. Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the crematory authority. The remaining bone fragments shall be processed by pulverization so as to reduce the fragments to unidentifiable particles. This paragraph shall not apply when the commingling of human remains during cremation is otherwise authorized by law. The presence of incidental and unavoidable residue in the cremation chamber from a prior cremation is not a violation of this paragraph.
II. The cremated remains with proper identification shall be placed in a temporary container or permanent container selected or provided by the authorizing agent. The cremated remains shall not be contaminated with any other object unless specific written authorization to the contrary has been received from the authorizing agent.
III. If the entirety of the cremated remains will not fit within a temporary container or permanent container, then the remainder of such remains shall be returned to the authorizing agent or his or her representative in a separate container with proper identification.
IV. If the cremated remains are to be shipped, the temporary container or permanent container shall be packed securely in a suitable shipping container that complies with the requirements of the shipper. Unless otherwise directed in writing by the authorizing agent, cremated remains shall be shipped only by a method which includes an internal tracking system and which provides a receipt signed by the person accepting delivery of such remains.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:27

    325-A:27 Cremated Remains; Final Disposition. –
I. For purposes of this chapter, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of 60 days after the date of cremation, the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of the cremated remains or claimed the cremated remains for final disposition as provided in this section, the crematory authority or the funeral establishment in possession of the cremated remains may dispose of the cremated remains after making a reasonable attempt to contact the authorizing agent or his or her representative. This method of disposition may be used by any crematory authority or funeral establishment to dispose of all cremated remains in the possession of a crematory authority or funeral establishment on or after the effective date of this chapter.
II. Cremated remains shall be delivered or released by the crematory authority to the representative specified by the authorizing agent on the cremation authorization form. The owner of the crematory authority or his or her representative and the party receiving the cremated remains shall sign a cremated remains receipt form. The form shall include the name of the deceased, the date, time, and place of receipt of the cremated remains, and the signatures of the owner of the crematory or his or her representative and the authorizing agent or his or her representative. If the cremated remains are shipped, a form used by the shipper may be used in lieu of a completed cremated remains receipt form if the shipper's form contains the information required for a cremated remains receipt form. Both the party delivering such remains and the party receiving such remains shall retain a copy of the cremated remains receipt form or shipper's form. Upon delivery, the cremated remains may be further transported within this state in any manner without a permit.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:28

    325-A:28 Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A relative to:
I. Procedures for licensure of crematory authorities.
II. Establishing all required fees.
III. The content of all forms.
IV. Conditions under which human remains of persons whose death was caused by a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health may be transported in this state to a crematory for the purpose of cremation. The board shall consult with the chief medical examiner on rules adopted under this paragraph.
V. Minimum sanitation standards for all crematories.
VI. Inspection procedures for crematories as required under RSA 325-A:8.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:29

    325-A:29 Crematory Authority; Bylaws. – A crematory authority may enact reasonable bylaws not inconsistent with this chapter for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain more stringent requirements than those provided in this chapter.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:30

    325-A:30 Chapter Construed. –
I. This chapter shall be construed and interpreted as a comprehensive cremation law, and the provisions of this chapter shall take precedence over any existing laws or rules that govern human remains that do not specifically address cremation.
II. The disposal of human remains through a reductive process utilizing alkaline hydrolysis is prohibited.

Source. 2006, 288:2. 2008, 262:1, eff. June 26, 2008.