Chapter 291-B: Possession of Human Remains for Law Enforcement Purposes

As used in this chapter:

I. "Cadaver canine" means a dog trained to detect the scent of human remains for law enforcement purposes.

II. "Portions of human remains" shall mean identifiable human tissue, bone, or other anatomical material derived from a deceased individual.

I. Law enforcement agencies may possess portions of human remains for cadaver canine training only under the following conditions:

(a) Written consent is obtained from:

(1) The next of kin or legal representative of the deceased; or

(2) The deceased individual, prior to death, through a legally valid document expressing their intent to donate their body or portions thereof for scientific or law enforcement training purposes.

(b) The consent explicitly authorizes the use of the remains for training purposes and identifies the specific portions to be used.

II. The written consent shall be maintained by both the law enforcement agency and the funeral home or mortuary involved. Such documentation shall be made available for inspection by the law enforcement agency or other regulatory authorities upon request.

I. Upon completion of training, all remaining portions of the human remains shall be returned to either:

(a) The institution of higher education located in New Hampshire that assisted in the preparation of the training aids; or

(b) A company licensed to conduct human medical waste disposal in New Hampshire. Such companies shall be authorized by the New Hampshire department of environmental services to collect, transport, and dispose of regulated medical waste in compliance with all applicable state and federal regulations.

II. The funeral home or mortuary shall ensure the proper and lawful disposition of the remains in accordance with RSA 290 and other applicable laws.

III. Institutions of higher education located in New Hampshire may assist in the preparation of training aids derived from human remains for law enforcement purposes, provided that:

(a) The institution employs or contracts with a properly trained and credentialed medical professional, including a doctor of philosophy (Ph.D.) in a relevant anatomical or forensic science field, a doctor of osteopathic medicine (D.O.), or a doctor of medicine (M.D.), who shall oversee the preparation process.

(b) The preparation of the training aid occurs on-site at a licensed funeral home or mortuary, with the consent of the funeral director and in accordance with all applicable health and safety regulations.

(c) The institution maintains a written agreement with the law enforcement agency requesting the training aid, outlining the scope of work, handling procedures, and chain of custody for the remains.

(d) All activities are conducted in compliance with the consent requirements outlined in RSA 291-B:2, I and II.

Any law enforcement agency in New Hampshire that conducts training involving the possession or use of human remains for cadaver canine or related law enforcement purposes shall develop and maintain a written policy governing such activities. This policy shall be submitted to and kept on file with the New Hampshire police standards and training council. The policy shall include, at a minimum:

I. A detailed acquisition plan outlining the lawful and ethical process for obtaining human remains, including documentation of consent as required under RSA 291-B:2.

II. A handling, storage, and documentation plan that ensures the secure, respectful, and traceable management of human remains throughout the training process.

III. A destruction or final disposition plan that complies with RSA 291-B:3 and applicable state and federal regulations, including procedures for returning remains to an authorized institution or licensed medical waste disposal provider.