Can someone other than a coroner sign off on a cremation in Louisiana, and can the coroner charge the family or the funeral home for the permit?

Plain-English summary

The Coroner of West Baton Rouge Parish asked the AG two practical questions about who signs cremation permits and who pays for them.

Question 1: Who can issue a cremation permit? Under La. R.S. 13:5716, when a funeral director plans a cremation, the funeral director must notify the coroner who has jurisdiction over the death. After the necessary investigation, if the coroner finds no suspicious circumstances, the coroner issues a cremation permit. The AG read this statute together with La. R.S. 13:5705, which lets coroners appoint deputy coroners and assistant coroners to perform the coroner's duties. Putting the two statutes together: the cremation permit power belongs to coroners, deputy coroners, and assistant coroners only. No one else in the coroner's office (administrative staff, investigators, contracted professionals) can sign a cremation permit.

Question 2: Can the coroner pass the cost to the family or the funeral home? No. The coroner's fees are set by statute in La. R.S. 13:5706(A): fifty dollars for investigation, "including issuing necessary papers and reports." The AG concluded that a cremation permit fits the "necessary papers and reports" description, so the fifty-dollar fee covers it. The fee is paid by the parish or municipality, not by the family or the funeral home. La. R.S. 9:1551 governs the broader reimbursement framework for disposition costs and does not authorize separate cremation-permit fees from families or funeral homes. Prior AG opinions consistently treated the parish or municipality as the responsible payer.

What this means for you

If you are a Louisiana coroner. Two operational rules: (1) only you, your deputy coroners, or your assistant coroners can issue cremation permits, so build out the deputy/assistant ranks if your office can't keep up with volume; (2) the fees you collect are limited to those set by La. R.S. 13:5706, and the parish or municipality pays them. Sending an invoice to a family or a funeral home for "cremation permit issuance" is outside your statutory authority.

If you are a funeral director arranging cremations in Louisiana. You must notify the coroner. The permit must be signed by the coroner, deputy coroner, or assistant coroner; an administrator or office-manager signature is not legally adequate. Push back if a coroner's office tries to bill you or the family for the permit. The parish bears the cost. If the office insists, raise it with the parish governing authority or seek a formal AG opinion.

If you are a parish governing authority budgeting for coroner functions. Cremation permits are part of the standard fifty-dollar investigation fee under La. R.S. 13:5706(A). Plan for this expense as part of the coroner's office budget. It is not a fee-for-service that flows back to the parish from the family.

If you are a family arranging cremation in Louisiana. You should not be invoiced separately for the cremation permit by the coroner's office. The funeral home may have its own service charges for handling the paperwork, but the permit itself is a public function paid by the parish.

If you are a parish attorney reviewing a coroner's billing practices. If your coroner has been charging families or funeral homes for cremation permits, the practice is not authorized by statute. Coordinate the wind-down and budgeting transition with the coroner's office and the parish.

Common questions

Q: Can a coroner's investigator who is not appointed as a deputy or assistant coroner sign a permit?
A: No. The statutes that allow delegation are La. R.S. 13:5705 (appointment of deputy and assistant coroners). An investigator who has not been formally appointed as a deputy or assistant coroner does not have permit-signing authority.

Q: What about an electronic signature or digital permit system?
A: The AG opinion does not address the form of the signature, only who is authorized to sign. Any electronic or digital system must record the personal authorization of a coroner, deputy coroner, or assistant coroner. Off-the-shelf automation that signs permits without an authorized human does not meet the statutory requirement.

Q: What is the difference between La. R.S. 9:1551 and La. R.S. 13:5706?
A: La. R.S. 9:1551 governs the broader reimbursement of costs related to disposition of human remains (including indigent burials, body transportation, autopsies in certain situations). La. R.S. 13:5706 is the coroner-specific fee schedule for investigation services. The cremation permit fits within the investigation fee in La. R.S. 13:5706, not within La. R.S. 9:1551's disposition-cost framework.

Q: Can a deputy or assistant coroner be appointed for the limited purpose of signing permits during the coroner's vacation?
A: La. R.S. 13:5705 lets the coroner appoint deputies and assistants. The statute does not limit the duration. A short-term appointment for permit signing is permissible as long as the appointment is properly documented in the coroner's office records.

Q: What if a coroner refuses to sign a permit because of suspicious circumstances?
A: La. R.S. 13:5716(B) conditions the permit on the coroner's investigation finding no suspicious circumstances. If the coroner finds suspicious circumstances, the next step is a full death investigation, not a permit. The funeral director would need to hold the body until the investigation resolves.

Background and statutory framework

Cremation-permit statute. La. R.S. 13:5716 sets up the process. Subsection (A) requires the funeral director to notify the coroner. Subsection (B) requires the coroner to investigate and, if no suspicious circumstances exist, issue the permit. The cremation permit is treated by Louisiana law as a public-safety document: it ensures that no death involving foul play is rushed to cremation before a complete investigation.

Deputy and assistant coroners. La. R.S. 13:5705 authorizes coroners to appoint deputy coroners and assistant coroners. Prior AG opinions (notably La. Atty. Gen. Op. No. 96-307) read this statute together with the coroner's "shall" duties in other statutes to permit appointed deputies and assistants to perform those duties. The result is that "the coroner" in La. R.S. 13:5716 includes deputies and assistants, but no one else.

Coroner's fees. La. R.S. 13:5706 sets the fee schedule. La. R.S. 13:5706(A) provides for fifty dollars for "investigation, including issuing necessary papers and reports." Prior AG opinions (Nos. 95-38, 95-112, 04-0134, 07-0240, 20-0079) treat the listed fees as exhaustive: the coroner's office cannot collect fees outside the listed services.

Reimbursement framework. La. R.S. 9:1551 governs reimbursement of disposition costs. La. R.S. 8:1(22) defines "cremation" as a final disposition of human remains. Prior AG opinions (Nos. 13-0002, 07-0240, 20-0079, 21-0131, 22-0099) treat the parish or municipality as the responsible payer for coroner statutory fees.

West Baton Rouge Parish factual context. West Baton Rouge Parish is on the west bank of the Mississippi River across from Baton Rouge. Coroner Padgett asked the AG for clarity on permit-signing authority and cost responsibility, presumably in connection with the office's standard practices.

Jeff Landry was the Attorney General of Louisiana at the time of the opinion (the signing Assistant Attorney General's name is identified by initials "JLIWBB" in the PDF). Liz Murrill is the current Attorney General; the opinion remains effective unless superseded.

Citations and references

Statutes:
- La. R.S. 8:1 (Louisiana funeral statute)
- La. R.S. 8:1(22) (definition of cremation as final disposition)
- La. R.S. 9:1551 (reimbursement of disposition costs)
- La. R.S. 13:5705 (appointment of deputy and assistant coroners)
- La. R.S. 13:5706 (coroner fee schedule)
- La. R.S. 13:5706(A) (fifty dollars for investigation, including necessary papers and reports)
- La. R.S. 13:5716(A) (funeral director must notify coroner)
- La. R.S. 13:5716(B) (coroner issues permit after investigation finds no suspicious circumstances)

Prior AG opinions referenced:
- La. Atty. Gen. Op. No. 96-307 (parl mater/a reading of "the coroner" to include deputies and assistants)
- La. Atty. Gen. Op. No. 13-0002 (cremation as final disposition under La. R.S. 8:1(22))
- La. Atty. Gen. Op. Nos. 95-38, 95-112, 04-0134, 07-0240, 20-0079 (coroner fees limited to the statutory list)
- La. Atty. Gen. Op. Nos. 07-0240, 20-0079, 21-0131, 22-0099 (parish or municipality responsible for coroner statutory fees)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0040

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. BOX 94005
BATON ROUGE
70804-9005

Jeff Landry
Attorney General

June 5, 2023

OPINION 23-0040

13 CORONERS
La. R.S. 8:1
La. R.S. 9:1551
La. R.S. 13:5706
La. R.S. 13:5705

Honorable Philip G. Padgett, M.D.
Coroner
West Baton Rouge Parish
1150 Northwest Dr.
P.O. Box 951
Port Allen LA 70767-0951

Only a coroner, deputy coroner, or assistant coroner may issue a permit for cremation after the necessary investigation. Finally, coroners do not have the authority to seek compensation from families or funeral homes for issuing a permit for cremation.

Dear Dr. Padgett:

Our office received your request for an opinion regarding the following questions:

1) Who has the legal authority within a coroner's office other than the coroner, deputy coroner, or assistant coroner to issue a permit for cremation?

2) Does the coroner have any authority to seek compensation from a family or a funeral home for issuing a permit to cremate, or is the cost to be paid by the parish responsible for covering all other costs related to the death?

If the cremation of a body is requested, a funeral director is required to notify the coroner who has jurisdiction in the death. "If, after the necessary investigation, the coroner is satisfied that there are no suspicious circumstances surrounding the death, he shall issue a permit for cremation." This office has previously concluded that statutory provisions that provide the coroner "shall" perform certain duties must be read in pari materia with the provisions of La. R.S. 13:5705, which authorizes a coroner to appoint deputy coroners and assistant coroners to perform the duties of the coroner. It is our opinion that coroners, deputy coroners, and assistant coroners are the only officials in the office of the coroner who are authorized by law to issue a permit for cremation.

The reimbursement of costs regarding the disposition of human remains as related to coroners is set forth in La. R.S. 9:1551. Because cremation is a final disposition of human remains in Louisiana, La. R.S. 9:1551 is relevant to your inquiry. However, La. R.S. 9:1551 does not authorize the coroner to seek compensation for the issuance of a cremation permit.

In addition to La. R.S. 9:1551, La. R.S. 13:5706 sets forth authorized fees for coroner's services. A coroner shall receive fifty dollars for investigation, including issuing necessary papers and reports. A coroner's office is not entitled to receive fees for the services listed in La. R.S. 13:5706(A) other than through reimbursement permitted under the referenced statutory scheme. Nonetheless, it is our opinion that a permit for cremation constitutes necessary papers and reports, the associated fees are authorized under La. R.S. 13:5706, and the costs should be borne by the governing authority of the parish or municipality. A coroner is not authorized to pass these costs on to families and funeral homes.

In conclusion, no one other than a coroner, deputy coroner, or assistant coroner may issue a permit for cremation. A coroner does not have authority to seek compensation from families or funeral homes for issuing a permit to cremate.

We hope that this opinion has adequately addressed the questions you have submitted. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LANDRY
ATTORNEY GENERAL

BY:
Assistant Attorney General

JL/WBB