As Amended
SEC. 41-39-13. Tags on bodies of persons with infectious or communicable diseases.
(1) For the purposes of this section, the term "infectious or communicable disease" means the following:
(a) Infectious hepatitis;
(b) Tuberculosis;
(c) Any venereal disease;
(d) Acquired immune deficiency syndrome (AIDS); or
(e) Any other disease designated by the State Board of Health in its rules and regulations as a disease transmissible
through blood contact for which precautions are necessary in embalming or otherwise handling dead bodies
infected with the disease or its causative agent.
(2) Upon the death of a person who has been diagnosed as having an infectious or communicable disease or its
causative agent, in a hospital or other health care facility, and in all other cases where there is an attending
physician, the attending physician, or person in charge of the hospital or health care facility, shall affix or cause to
be affixed a tag on the body, preferably on the great toe. The tag shall be on card stock paper and shall be no
smaller than five (5) centimeters by ten (10) centimeters. It shall be red in color and shall include the words
"BLOOD/BODY FLUID PRECAUTIONS REQUIRED" in letters no smaller than six (6) millimeters in height. The
name of the deceased person shall be written on the tag and the tag shall remain affixed to the body until the
preparation of the body for burial has been completed.
(3) Upon the death of a person infected with the agent which causes an infectious or communicable disease,
outside of a hospital or health care facility or without an attending physician, any family member or person making
arrangements for the disposition of the body who knows that the deceased was infected with such agent at the time
of death shall advise the person taking charge of the body for disposition of this fact. The person taking charge of
the body then shall affix or cause to be affixed a tag on the body as described in subsection (2) of this section.
(4) (a) Failure to comply with the requirements of this section shall constitute a misdemeanor and shall be
punishable by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail for not
more than thirty (30) days, or both.
(b) The provisions of this subsection are cumulative and supplemental to any other provision of law, and a
conviction or penalty imposed under this section shall not preclude any other action at law, proceedings for
professional discipline or other criminal proceedings.
SOURCES: Laws, 1987, ch. 378, eff from and after July 1, 1987.