EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1168*
HOUSE BILL 1168
C2, J1, J2 4lr2377
CF SB 1028
By: Delegates Kaiser, Boyce, Charkoudian, Fair, Foley, McCaskill, Qi, Ruth,
Sample–Hughes, Solomon, Williams, and Woods Woods, Bagnall, Cullison,
Guzzone, Hill, Hutchinson, S. Johnson, Kerr, R. Lewis, Lopez, Martinez,
Pena–Melnyk, Rosenberg, Taveras, and White Holland
Introduced and read first time: February 7, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2024
CHAPTER ______
AN ACT concerning 1
Human Remains – Alkaline Hydrolysis and Natural Organic Reduction 2
(Green Death Care Options Act) 3
FOR the purpose of establishing a regulatory system for reduction operators and reduction 4
facilities; establishing requirements and prohibitions related to the performance of 5
alkaline hydrolysis and natural organic reduction and the disposition of hydrolyzed 6
or soil remains by certain facilities; requiring the Director of the Office of Cemetery 7
Oversight and the Director of the State Board of Morticians and Funeral Directors 8
to adopt regulations governing the performance of natural organic reduction; 9
prohibiting a person from using or disposing of soil remains produced by natural 10
organic reduction in a certain manner, including by using the soil to grow food for 11
consumption by humans or livestock; and generally relating to alkaline hydrolysis 12
and natural organic reduction. 13
BY repealing and reenacting, with amendments, 14
Article – Business Regulation 15
Section 5–101, 5–204(a), (b), and (k), 5–301, 5–302, 5–303, 5–306(a), 5–308, 5–310(a) 16
and (b), 5–401, 5–402, 5–403, 5–803, 5–902, and 5–903 17
Annotated Code of Maryland 18
(2015 Replacement Volume and 2023 Supplement) 19
BY adding to 20 2 HOUSE BILL 1168
Article – Business Regulation 1
Section 5–901(d) 2
Annotated Code of Maryland 3
(2015 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Health – General 6
Section 5–502, 5–503, 5–504, 5–508, 5–511(a) and (b), 5–512, 5–513, and 5–514 7
Annotated Code of Maryland 8
(2023 Replacement Volume) 9
BY repealing and reenacting, without amendments, 10
Article – Health Occupations 11
Section 7–101(a) 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2023 Supplement) 14
BY adding to 15
Article – Health Occupations 16
Section 7–101(a–1), (l–1), (s–1), (v–1), and (v–2), and (v–3) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Health Occupations 21
Section 7–101(c–1), (h), (i), (l), (t), and (u), 7–102, 7–205(c), 7–406, and 7–505 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Business Regulation 27
5–101. 28
(a) In this title the following words have the meanings indicated. 29
(B) “ALKALINE HYDROLYSIS ” MEANS THE PROCESS OF REDUCING HUMAN 30
REMAINS USING WATER , ALKALINE CHEMICALS , AND HEAT INSIDE A WA TERTIGHT 31
VESSEL TO ACCELERATE DECOMPOSITION . 32
(C) “AUTHORIZING AGENT ” HAS THE MEANING STAT ED IN § 5–508 OF THE 33
HEALTH – GENERAL ARTICLE. 34
HOUSE BILL 1168 3
[(b)] (D) (1) “Burial goods” means goods that are used in connection with 1
burial. 2
(2) “Burial goods” includes: 3
(i) a casket; 4
(ii) a grave liner; 5
(iii) a memorial; 6
(iv) a monument; 7
(v) a scroll; 8
(vi) an urn; 9
(vii) a vase; and 10
(viii) a vault. 11
[(c)] (E) “Burial goods business” means a business that provides burial goods. 12
[(d)] (F) (1) “Cemetery” means land used or to be used for interment. 13
(2) “Cemetery” includes a structure used or to be used for interment. 14
[(e)] (G) “Cremation” means the [process of reducing human remains to bone 15
fragments through intense heat and evaporation, including any mechanical or thermal 16
process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION . 17
[(f)] (H) “Crematory” means a building, portion of a building, or structure that 18
houses the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS. 19
[(g)] (I) “Director” means the Director of the Office of Cemetery Oversight. 20
[(h)] (J) “Engage in the operation of a cemetery” means owning, controlling, or 21
managing a cemetery, including performing activities necessary for: 22
(1) the establishment, improvement, care, preservation, or embellishment 23
of a cemetery; 24
(2) interment; and 25
(3) the providing of burial space or burial goods. 26
4 HOUSE BILL 1168
[(i)] (K) (1) “Engage in the operation of a crematory” means controlling or 1
managing a crematory. 2
(2) “Engage in the operation of a crematory” does not include: 3
(i) the practice of funeral direction or the practice of mortuary 4
science; or 5
(ii) 1. assistance in making decisions and filling out forms that 6
are not directly related to cremation; 7
2. obtaining vital statistics, signatures, and other 8
information necessary to complete a death certificate; 9
3. transportation of a body to the place of disposition; or 10
4. any other services regarding the disposition of a body that 11
are not directly related to cremation. 12
(L) (1) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” MEANS 13
CONTROLLING OR MANA GING A REDUCTION FAC ILITY. 14
(2) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” DOES 15
NOT INCLUDE: 16
(I) THE PRACTICE OF FUNE RAL DIRECTION OR THE PRACTICE 17
OF MORTUARY SCIENCE ; OR 18
(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLIN G OUT 19
FORMS THAT AR E NOT DIRECTLY RELAT ED TO NATURAL ORGANI C REDUCTION; 20
2. OBTAINING VITAL STAT ISTICS, SIGNATURES, AND 21
OTHER INFORMATION NE CESSARY TO COMPLETE A DEATH CERTIFICATE ; 22
3. TRANSPORTATION OF A BODY TO THE PLACE OF 23
DISPOSITION; OR 24
4. ANY OTHER SERVICES REGARDING T HE DISPOSITION 25
OF A BODY THAT ARE N OT DIRECTLY RELATED TO NATURAL ORGANIC R EDUCTION. 26
[(j)] (M) “Funeral establishment” means a building, structure, or premises from 27
which the business of funeral directing or embalming is conducted. 28
[(k)] (N) (1) “Human remains” means: 29
(i) the body of a deceased person; or 30 HOUSE BILL 1168 5
(ii) a part of a body or limb that has been removed from a living 1
person. 2
(2) “Human remains” includes the body or part of a body or limb in any 3
state of decomposition. 4
(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS 5
PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC REDUCTION . 6
(O) “HYDROLYZED REMAINS ” MEANS THE BONE FRAGM ENTS PRODUCED BY 7
THE COMPLETION OF AL KALINE HYDROLYSIS . 8
[(l)] (P) “Interment” means all final disposition of human remains or pet 9
remains, including: 10
(1) earth burial; 11
(2) mausoleum entombment; and 12
(3) niche or columbarium interment. 13
(Q) “NATURAL ORGANIC REDUC TION” MEANS THE CONTAINED 14
ACCELERATED CONVERSI ON OF HUMAN REMAINS INTO SOIL. 15
[(m)] (R) “Office” means the Office of Cemetery Oversight. 16
[(n)] (S) “Permit” means a permit issued by the Director to allow a partnership, 17
limited liability company, or corporation to operate a business through which a registrant 18
may: 19
(1) engage in the operation of a cemetery or crematory; or 20
(2) provide burial goods. 21
[(o)] (T) (1) “Pet remains” means the body of a deceased animal that was kept 22
as a pet. 23
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 24
state of decomposition or the body of a pet after having been cremated. 25
[(p)] (U) (1) “Preneed goods” means burial goods that are sold before the 26
buyer’s death. 27
(2) “Preneed goods” does not include burial space. 28
6 HOUSE BILL 1168
[(q)] (V) “Provide burial goods” means a retail transaction: 1
(1) to erect, service, or inscribe burial memorials; or 2
(2) to sell burial goods. 3
(W) “REDUCTION FACILITY ” MEANS A BUILDING , PORTION OF A BUILDIN G, 4
OR STRUCTURE THAT HO USES THE NECESSARY A PPLIANCES, CONTAINERS, AND 5
FACILITIES FOR PERFO RMING NATURAL ORGANI C REDUCTION. 6
[(r)] (X) “Registered cemeterian” means an individual registered to operate a 7
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 8
[(s)] (Y) “Registered crematory operator” means an individual registered to 9
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 10
(Z) “REGISTERED REDUCTION OPERATOR” MEANS AN INDIVIDUAL 11
REGISTERED TO OPERAT E A REDUCTION FACILI TY AS A SOLE PROPRIE TOR OR ON 12
BEHALF OF A SOLE PROPRIETOR OR A PERMIT HOLDER . 13
[(t)] (AA) “Registered seller” means an individual registered to provide burial 14
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 15
[(u)] (BB) “Registration” means a registration issued by the Director authorizing 16
an individual to operate a cemetery, to operate a crematory, TO OPERATE A REDUCTI ON 17
FACILITY, or to provide burial goods. 18
[(v)] (CC) “Responsible party” means a sole proprietor or the individual 19
designated by a partnership, limited liability company, or corporation to be responsible for 20
the operations of a cemetery, crematory, REDUCTION FACILITY , or burial goods business. 21
(DD) “SOIL REMAINS” MEANS THE SOIL PRODU CED AT FINAL DISPOSI TION OF 22
A DEAD HUMAN BODY AT A REDUCTION FACILITY BY COMPLETION OF NAT URAL 23
ORGANIC REDUCTION . 24
5–204. 25
(a) (1) With the advice of the Advisory Council and after consultation with 26
representatives of the cemetery industry, the Director shall adopt: 27
(i) rules and regulations to carry out this title; and 28
(ii) a code of ethics for engaging in the operation of a cemetery [or], 29
crematory, OR REDUCTION FACILIT Y or providing burial goods. 30
HOUSE BILL 1168 7
(2) In conjunction with the State Board of Morticians and Funeral 1
Directors, the Director shall: 2
(i) establish a process for regulating crematories AND REDUCTION 3
FACILITIES that provides for: 4
1. registration of crematory operators AND REDUCTION 5
FACILITY OPERATORS or issuance of permits for operating crematories AND REDUCTION 6
FACILITIES, and renewal; 7
2. applications, including certification of ownership and 8
identification of individuals who will perform ALKALINE HYDROLYSIS , cremation, OR 9
NATURAL ORGANIC REDU CTION; 10
3. registration and permit fees; 11
4. inspections and oversight; 12
5. grounds for discipline and penalties; and 13
6. complaints and hearings; and 14
(ii) adopt regulations that are identical to regulations adopted by the 15
State Board of Morticians and Funeral Directors to: 16
1. implement item (i) of this paragraph; and 17
2. ensure public health and safety. 18
(3) THE DIRECTOR SHALL ADOPT REGULATIONS THAT : 19
(I) REQUIRE A LICENSED FUNERAL EST ABLISHMENT OR 20
REGISTERED REDUCTION OPERATOR TO NOTIFY T HE AUTHORIZING AGENT IN 21
WRITING AND BEFORE I NITIATING NATURAL OR GANIC REDUCTION THAT A PERSON 22
IS PROHIBITED BY LAW FROM USING WHO USES OR DISPOSING DISPOSES OF SOIL 23
REMAINS UNDER IS IN VIOLATION OF § 5–514 OF THE HEALTH – GENERAL ARTICLE; 24
(II) REQUIRE A REDUCTION FACILITY TO MONITOR AND 25
RECORD WRITTEN VERIF ICATION THAT THE TEM PERATURE DURING EACH 26
INSTANCE OF A NATURA L ORGANIC REDUCTION PROCESS ATTAINS A SP ECIFIED 27
MINIMUM INTERNAL EQU IPMENT TEMPERATURE F OR A SPEC IFIED MINIMUM 28
PERIOD OF TIME; 29
(III) ESTABLISH APPROPRIAT E STANDARDS FOR TRAI NING AND 30
EXPERIENCE FOR THE R EGISTRATION OF REDUC TION OPERATORS ; 31 8 HOUSE BILL 1168
(IV) PROHIBIT THE USE OF NATURAL ORGANIC REDU CTION IN 1
ANY INSTANCE IN WHIC H THE HUMAN REMAINS ARE KNOWN , OR REASONABLY 2
SUSPECTED, TO BE EMBALMED OR TO HAVE AN INFECTION , DISEASE, OR 3
BIOLOGICAL CONDITION THAT RENDERS THE PRO CESS OF NATURAL ORGA NIC 4
REDUCTION OR THE RES ULTING SOIL REMAINS UNREASONABLY UNSAFE , 5
INCLUDING: 6
1. CREUTZFELDT –JAKOB DISEASE OR OTHE R PRION 7
DISEASE; 8
2. EBOLA VIRUS INFECTION ; 9
3. MYCOBACTERIUM TUBERCU LOSIS INFECTION; 10
4. THE PRESENCE OF DIAG NOSTIC OR THERAPEUTI C 11
RADIOISOTOPES ; OR 12
5. ANY OTHER INFECTION , DISEASE, OR BIOLOGICAL 13
CONDITION IDENTIFIED BY THE DIRECTOR BASED ON THE REASONABLE 14
RECOMMENDATION OF A FEDERAL, STATE, OR LOCAL HEALTH AUTH ORITY; 15
(V) ESTABLISH A MANDATOR Y CONTAMINATION TEST ING 16
PROGRAM FOR REDUCTIO N FACILITIES TO ENSU RE THE SAFETY OF SOI L REMAINS 17
PRODUCED, INCLUDING THE FOLLOW ING MINIMUM PROGRAM ELEMENTS: 18
1. COLLECTING ROUTINE M ATERIAL SAMPLES FROM 19
SOIL REMAINS FOR ANA LYSIS USING: 20
A. A RELIABLE SAMPLING METHODOLOGY ; AND 21
B. AN APPROPRIATE FREQU ENCY OF SAMPLING , AS 22
RECOMMENDED OR APPRO VED BY THE U.S. COMPOSTING COUNCIL OR ANOTHER 23
RELIABLE SCIENTIFIC ADVISORY AUTHORITY; 24
2. RECORDING AND RETAIN ING THE RESULTS OF A N 25
ANALYSIS OF SAMPLES FROM THE SOIL REMAIN S CONDUCTED BY AN IN DEPENDENT 26
THIRD–PARTY LABORATORY TO IDENTIFY THE PRESENC E OF HEAVY METALS OR 27
MICROBIAL PATHOGENS ACCORDING TO THE A PPROPRIATE CONTAMINA TION 28
PARAMETERS FOR BIOSO LIDS SPECIFIED BY TH E U.S. ENVIRONMENTAL 29
PROTECTION AGENCY UNDER TITLE 40 C.F.R. PART 503, CHAPTER I, 30
SUBCHAPTER O; 31
HOUSE BILL 1168 9
3. CONDUCTING AN ANALYS IS FOR EACH PRODUCTI ON 1
OF SOIL REMAINS TO E NSURE THAT THE SOIL REMAINS CONTAIN LESS THA N 0.01 2
MG/KG DRY WEIGHT OF SPE CIFIC PHYSICAL CONTA MINANTS, WHICH MAY INCLUDE 3
INTACT BONE, DENTAL FILLINGS , AND MEDICAL IMPLANTS ; 4
4. ENSURING THAT NO SOI L REMAINS ARE RELEAS ED 5
UNTIL THE SOIL REMAI NS COMPLY WITH EACH OF THE APPLICAB LE 6
CONTAMINATION TESTIN G PARAMETERS ; AND 7
5. PERIODIC REPORTING O F TESTING RESULTS TO 8
APPROPRIATE STATE AND LOCAL HEALT H AUTHORITIES THAT H AVE REQUESTED 9
THE RESULTS; AND 10
(VI) ESTABLISH ANY OTHER REASONABLE PROHIBITI ON, RULE, 11
OR REQUIREMENT THE DIRECTOR DETERMINES IS N ECESSARY TO PROTECT THE 12
PUBLIC HEALTH AND SA FETY DURING THE PROC ESS OF NATURAL ORGAN IC 13
REDUCTION. 14
(b) Upon receipt of a written complaint, or at the discretion of the Director, the 15
Director or the Director’s designee may conduct an investigation and an inspection of the 16
records and site of a registered cemeterian, registered crematory operator, REGISTERED 17
REDUCTION OPERATOR , registered seller, permit holder, or any other person subject to 18
the registration or permit provisions of this title. 19
(k) In conjunction with the State Board of Morticians and the Division of 20
Consumer Protection of the Office of the Attorney General, the Director shall publish a 21
consumer information pamphlet that describes: 22
(1) the rights of consumers in the purchase of funeral, cemetery, [and] 23
crematory goods and services, AND NATURAL ORGANIC REDUCTION ; and 24
(2) any other information that the Director considers reasonably necessary 25
to aid consumers. 26
5–301. 27
An individual shall register with the Office before: 28
(1) engaging in the operation of a cemetery [or], crematory, OR 29
REDUCTION FACILITY in this State; or 30
(2) providing burial goods in this State. 31
5–302. 32
10 HOUSE BILL 1168
(a) In order to register, an applicant shall meet the requirements of this section. 1
(b) The applicant must be at least 18 years old. 2
(c) The applicant must be of good character and reputation. 3
(d) The applicant must be affiliated with a cemetery, crematory, REDUCTION 4
FACILITY, or burial goods business operated by a registrant or permit holder. 5
(e) The cemetery, crematory, REDUCTION FACILITY , or burial goods business 6
with which the applicant is affiliated must be financially stable in accordance with § 5–304 7
of this subtitle. 8
5–303. 9
(a) An applicant shall register by: 10
(1) submitting to the Director an application on the form that the Director 11
provides; and 12
(2) paying a nonrefundable application fee set by the Director. 13
(b) The application shall state: 14
(1) the name, date of birth, and residential address of the applicant; 15
(2) the name and fixed address of the affiliated cemetery, crematory, or 16
burial goods business; 17
(3) whether the cemetery, crematory, REDUCTION FACILITY , or burial 18
goods business with which the applicant is affiliated is owned or controlled by a sole 19
proprietor, partnership, limited liability company, or corporation; 20
(4) if the applicant is designated as the responsible party, the name and 21
residential address of each employee who sells burial space, goods, or services to the public 22
for the business while engaging in the operation of a cemetery, crematory, REDUCTION 23
FACILITY, or burial goods business; and 24
(5) any other reasonable information that the Director determines is 25
necessary to carry out this title. 26
5–306. 27
(a) While a registration is in effect, it authorizes the registrant to engage in the 28
operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business. 29
HOUSE BILL 1168 11
5–308. 1
Within 1 week after the effective date of the change, the applicant designated as the 2
responsible party or the registered responsible party shall submit to the Director an 3
application form that shows a change in the: 4
(1) cemetery, crematory, REDUCTION FACILITY , or burial goods business 5
with which a registrant is affiliated; 6
(2) individual designated as the responsible party; 7
(3) employees of the business who engage in the sale of burial space, goods, 8
or services or cremation to the public; 9
(4) officers, directors, members, or agents of the permit holder; or 10
(5) name or address of the registrant or permit holder. 11
5–310. 12
(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may 13
deny a registration or permit to an applicant, reprimand a person subject to the registration 14
or permit provisions of this title, or suspend or revoke a registration or permit if an 15
applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner 16
of the applicant, registrant, or permit holder: 17
(1) fraudulently or deceptively obtains or attempts to obtain a registration 18
or permit; 19
(2) fraudulently or deceptively uses a registration or permit; 20
(3) under the laws of the United States or of any state, is convicted of a: 21
(i) felony; or 22
(ii) misdemeanor that is directly related to the fitness and 23
qualifications of the applicant, registrant, or permit holder to own or operate a cemetery 24
[or], crematory, OR REDUCTION FACILITY or provide burial goods; 25
(4) fails to provide or misrepresents any information required to be 26
provided under this title; 27
(5) violates this title; 28
(6) violates the code of ethics adopted by the Director; 29
(7) violates a regulation adopted under this title; 30 12 HOUSE BILL 1168
(8) fails to provide reasonable and adequate supervision of the operation of 1
the cemetery [or], crematory, OR REDUCTION FACILITY or the provision of burial goods 2
by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory, 3
REDUCTION FACILITY , or burial goods business; 4
(9) refuses to allow an inspection required by this title; 5
(10) fails to comply with an order of the Director; 6
(11) fails to comply with any terms of settlement under a binding arbitration 7
agreement; 8
(12) is found guilty by a court in this State of violating an unfair or deceptive 9
trade practices provision under Title 13 of the Commercial Law Article; or 10
(13) fails to comply with § 5–513 of the Health – General Article. 11
(b) (1) If a person is charged with a violation of this title that could result in 12
suspension or revocation of a registration or permit, the Director may seek an immediate 13
restraining order in a circuit court in this State to prohibit the person from engaging in the 14
operation of any cemetery, crematory, REDUCTION FACILITY , or burial goods business. 15
(2) The restraining order is in effect until: 16
(i) the court lifts the order; or 17
(ii) the charges are adjudicated or dismissed. 18
5–401. 19
(a) Subject to the provisions of this section, a registered cemeterian, registered 20
crematory operator, REGISTERED REDUCTION OPERATOR, or registered seller may 21
engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods 22
business as a sole proprietor or through: 23
(1) a corporation as an officer, director, employee, or agent of the 24
corporation; 25
(2) a limited liability company as a member, employee, or agent of the 26
limited liability company; or 27
(3) a partnership as a partner, employee, or agent of the partnership. 28
(b) Subject to the provisions of this title, a corporation, limited liability company, 29
or partnership may engage in the operation of a cemetery, crematory, REDUCTION 30 HOUSE BILL 1168 13
FACILITY, or burial goods business through a registered cemeterian, registered crematory 1
operator, REGISTERED REDUCTION OPERATOR, or registered seller. 2
(c) (1) A registered cemeterian who engages in the operation of a cemetery 3
through a corporation, limited liability company, or partnership under this title is subject 4
to all of the provisions of this title that relate to engaging in the operation of a cemetery. 5
(2) A registered crematory operator who engages in the operation of a 6
crematory through a corporation, limited liability company, or partnership under this title 7
is subject to all of the provisions of this title that relate to engaging in the operation of a 8
crematory. 9
(3) A REGISTERED REDUCTION OPERATOR WHO ENGAGES IN THE 10
OPERATION OF A REDUC TION FACILITY THROUG H A CORPORATION , LIMITED 11
LIABILITY COMPANY , OR PARTNERSHIP UNDER THIS TITLE IS SUBJECT TO ALL TH E 12
PROVISIONS OF THIS T ITLE THAT RELATE TO ENGAGING IN THE OPER ATION OF A 13
REDUCTION FACILITY . 14
[(3)] (4) A registered seller who engages in the operation of a burial goods 15
business through a corporation, limited liability company, or partnership under this title is 16
subject to all of the provisions of this title that relate to providing burial goods services. 17
(d) (1) A corporation, limited liability company, or partnership that engages in 18
the operation of a cemetery, crematory, REDUCTION FACILITY, or burial goods business 19
under this title is not, by its compliance with this title, relieved of any responsibility that 20
the corporation, limited liability company, or partnership may have for an act or an 21
omission by its officer, director, member, partner, employee, or agent. 22
(2) An individual who engages in the operation of a cemetery, crematory, 23
REDUCTION FACILITY , or burial goods business through a corporation, limited liability 24
company, or partnership is not, by reason of the individual’s employment or other 25
relationship with the corporation, limited liability company, or partnership, relieved of any 26
individual responsibility that the individual may have regarding that practice. 27
5–402. 28
A corporation, limited liability company, or partnership shall obtain a permit issued 29
by the Director, before the corporation, limited liability company, or partnership may 30
engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods 31
business in the State. 32
5–403. 33
To qualify for a permit, a corporation, limited liability company, or partnership shall: 34
14 HOUSE BILL 1168
(1) designate a separate registered cemeterian, registered crematory 1
operator, REGISTERED REDUCTION OPERATOR, or registered seller as the responsible 2
party for the operations of each affiliated cemetery, crematory, REDUCTION FACILITY , or 3
burial goods business; 4
(2) provide the name and business address of each affiliated cemetery, 5
crematory, REDUCTION FACILITY , or burial goods business; 6
(3) provide a list of the officers, directors, members, partners, agents, and 7
employees of the entity applying for the permit; and 8
(4) comply with §§ 5–303(b)(4) and 5–304 of this title. 9
5–803. 10
(a) (1) In this section the following words have the meanings indicated. 11
(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried 12
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 13
21 became permanently incapable of self–support because of physical or mental disability. 14
(3) (i) “Identifying information” means data required by a veterans 15
service organization to verify the eligibility of a veteran or an eligible dependent for burial 16
in a national or state veterans cemetery. 17
(ii) “Identifying information” includes name, service number, Social 18
Security number, date of birth, date of death, place of birth, and copy of the death 19
certificate. 20
(4) “Veteran” has the meaning stated in § 9–901 of the State Government 21
Article. 22
(5) “Veterans service organization” means an association or other entity 23
organized for the benefit of veterans that has been recognized by the U.S. Department of 24
Veterans Affairs or chartered by Congress and any employee or representative of the 25
association or entity. 26
(b) (1) If a licensed funeral establishment or a crematory is in possession of 27
cremated human remains OR HYDROLYZED REMAIN S that have been unclaimed for 90 28
days or more, the licensed funeral establishment or holder of the permit for the business of 29
operating a crematory shall provide identifying information of the unclaimed cremains OR 30
HYDROLYZED REMAINS to a veterans service organization in order for the veterans 31
service organization to determine if the unclaimed cremains OR HYDROLYZED REMAIN S 32
are those of a veteran or an eligible dependent. 33
HOUSE BILL 1168 15
(2) (I) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT APPLY 1
IF: 2
1. AN AUTHORIZING AGENT DIRECTS OTHERWISE ; OR 3
2. A LICENSED FUNERAL EST ABLISHMENT OR 4
REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING 5
INFORMATION OR OTHER EVIDENCE THAT A DECEDENT DOES NOT QU ALIFY FOR 6
DISPOSITION BENEFITS ASSOCIATED WITH VETE RANS STATUS. 7
(II) A LICENSED FUNERAL EST ABLISHMENT OR REDUCTION 8
FACILITY IN POSSESSI ON OF HUMAN REMAINS THAT ARE BEING PROCE SSED BY 9
NATURAL ORGANIC REDU CTION SHALL PROVIDE IDENTIFYING INFORMATION TO A 10
VETERANS SERVICE ORG ANIZATION WITHIN 5 BUSINESS DAYS AFTER NATURAL 11
ORGANIC REDUCTION IS INITIATED TO DETERMI NE IF THE SOIL REMAI NS ARE 12
THOSE OF A VETERAN O R AN ELIGIBLE DEPEND ENT. 13
(c) Within 45 days after receipt of the information required by subsection (b) of 14
this section, the veterans service organization shall notify the licensed funeral 15
establishment [or], permit holder, OR REDUCTION FACILIT Y: 16
(1) whether the cremains, HYDROLYZED REMAINS , OR SOIL REMAINS 17
are those of a veteran or an eligible dependent; and 18
(2) if so, whether the veteran or eligible dependent is eligible for burial in 19
a veterans cemetery. 20
(d) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a veteran 21
or an eligible dependent, the licensed funeral establishment or permit holder may transfer 22
the cremains to a veterans service organization for the purpose of disposition of the 23
cremains OR HYDROLYZED REMAIN S. 24
(E) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR AN 25
ELIGIBLE DEPENDENT , THE LICENSED FUNERAL ESTABLI SHMENT OR REDUCTION 26
FACILITY MAY: 27
(1) TRANSFER A PORTION O F THE SOIL REMAINS N OT EXCEEDING 300 28
CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION TH AT GRANTS 29
PERMISSION FOR THE P URPOSE OF DISPOSITIO N; AND 30
(2) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER THE 31
BALANCE OF SOIL REMA INS TO A CEMETERY OR THE OWNER OF A WOODL AND 32
PROTECTED UNDER THE FOREST CONSERVATION ACT. 33
5–901. 34 16 HOUSE BILL 1168
(D) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, AN INDIVIDUAL MAY 1
NOT ENGAGE IN THE OPERATION OF A REDUC TION FACILITY, ATTEMPT TO ENGAGE 2
IN THE OPERATION OF A REDUCTION FACILITY , OR PROVIDE OR OFFER TO PROVIDE 3
NATURAL ORGANIC REDU CTION UNLESS THE IND IVIDUAL IS A REGISTE RED 4
REDUCTION OPERATOR . 5
5–902. 6
Except for a registered cemeterian, registered crematory operator, REGISTERED 7
REDUCTION OPERATOR , or registered seller who operates a business as a sole proprietor 8
or a registrant employed by a sole proprietor, a person may not engage in the operation of 9
a cemetery, crematory, REDUCTION FAC ILITY, or burial goods business unless: 10
(1) the business is a corporation, limited liability company, or partnership; 11
and 12
(2) the corporation, limited liability company, or partnership holds a 13
permit issued under this title. 14
5–903. 15
Unless a person is authorized as a registrant, a person may not represent to the 16
public, by use of a title, including cemeterian, registered cemeterian, crematory operator, 17
registered crematory operator, REGISTERED REDUCTION OPERATOR, burial goods seller, 18
or registered seller, by description of services, methods, or procedures, or otherwise, that 19
the person is authorized to engage in the operation of a cemetery [or], crematory, OR 20
REDUCTION FACILITY or provide burial goods. 21
Article – Health – General 22
5–502. 23
(a) This section does not apply to the disposition of a body by a school of medicine 24
or dentistry. 25
(b) Except as otherwise provided in this section, a person may not cremate OR 26
INITIATE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION OF a body until 27
it has been identified by: 28
(1) The next of kin; 29
(2) A person who is authorized to arrange for final disposition of the body 30
under §§ 5–508 through 5–512 of this subtitle; or 31
(3) A medical examiner. 32 HOUSE BILL 1168 17
(c) If a person who is authorized to arrange for final disposition of a body is not 1
available to identify the body and authorize cremation, REDUCTION BY ALKALIN E 2
HYDROLYSIS, OR NATURAL ORGANIC R EDUCTION, that person may delegate that 3
authority to another person by sending to the delegate an electronic communication that 4
contains the name, address, and relationship of the sender to the deceased and the name 5
and address of the individual to whom authority is delegated. Written authorization shall 6
follow by mail but does not take precedence over the electronic communication authorizing 7
the identification and cremation. 8
5–503. 9
A person may not cremate OR INITIATE ALKALINE HYDROLYSIS OR NATURA L 10
ORGANIC REDUCTION OF a body until at least 12 hours after death. 11
5–504. 12
A person may not transport a body to a crematory OR REDUCTION FACILIT Y 13
without using a cot and pouch or receptacle. 14
5–508. 15
(a) In this subtitle the following words have the meanings indicated. 16
(B) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 17
BUSINESS REGULATION ARTICLE. 18
[(b)] (C) “Authorizing agent” means the individual who has legal authority to 19
arrange for and make decisions regarding the final disposition of a dead human body, 20
including by cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC REDUCTION . 21
[(c)] (D) “Cremation” means the disposition of a dead human body by means of 22
incineration. 23
[(d)] (E) “Crematory” [is a building in which cremations are performed] HAS 24
THE MEANING STATED I N § 5–101 OF THE BUSINESS REGULATION ARTICLE. 25
[(e)] (F) “Decedent” means a dead human being. 26
(G) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN § 27
5–101 OF THE BUSINESS REGULATION ARTICLE. 28
[(f)] (H) “Practitioner” means a person who is licensed by the State as a funeral 29
director, mortician, or surviving spouse licensee to practice mortuary science. 30
18 HOUSE BILL 1168
[(g)] (I) “Pre–need contract” means an agreement prior to the time of death 1
between a consumer and a practitioner to provide any goods and services regarding the 2
final disposition of a dead human body. 3
(J) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE 4
BUSINESS REGULATION ARTICLE. 5
(K) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 6
BUSINESS REGULATION ARTICLE. 7
5–511. 8
(a) A practitioner and an operator of a crematory OR REDUCTION FACILIT Y may 9
rely on the representations made by an authorizing agent and are not guarantors of the 10
reliability of those representations. 11
(b) A practitioner and an operator of a crematory OR REDUCTION FACILITY have 12
no responsibility to contact or to independently investigate the existence of any next of kin 13
of the decedent. 14
5–512. 15
(a) A practitioner or an operator of a crematory OR REDUCTION FACILIT Y may 16
not require an authorizing agent to obtain appointment as personal representative of the 17
decedent’s estate as a condition precedent to making final arrangements or authorizing 18
cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION of a decedent. 19
(b) A person may not authorize cremation, ALKALINE HYDROLYSIS , OR 20
NATURAL ORGANIC REDU CTION when a decedent has left instructions in a document that 21
the decedent does not wish to be cremated OR BE SUBJECT TO ALK ALINE HYDROLYSIS 22
OR NATURAL ORGANIC R EDUCTION. 23
5–513. 24
(a) On taking custody of the body of a decedent in accordance with all 25
authorizations required by law, a funeral establishment [or], crematory, OR REDUCTION 26
FACILITY shall maintain the body in a manner that provides for complete coverage of the 27
body and prevents leakage or spillage except during: 28
(1) Identification, embalming, or preparation of an unembalmed body for 29
final disposition; 30
(2) Restoration and dressing of a body in preparation for final disposition; 31
[and] 32
HOUSE BILL 1168 19
(3) IF APPLICABLE, PLACEMENT INSIDE A C ONTAINED CHAMBER OR 1
VESSEL WITHOUT AN EX TERNAL VISUAL EXPOSU RE DURING THE PROCES S OF 2
ALKALINE HYDROLYSIS OR NATURAL ORGANIC R EDUCTION; AND 3
[(3)] (4) Viewing during a visitation or funeral service. 4
(b) If the unembalmed body of a decedent is to be stored for more than 48 hours 5
before final disposition, a funeral establishment [or], crematory, OR REDUCTION 6
FACILITY shall maintain the body with refrigeration and at a temperature determined by 7
regulation. 8
(c) (1) If a funeral establishment [or], crematory, OR REDUCTION FACILITY 9
cannot secure the body of a decedent or cannot store the body as required in subsection (b) 10
of this section due to an unforeseen circumstance, the funeral establishment [or], 11
crematory, OR REDUCTION FACILIT Y shall notify the State Board of Morticians and 12
Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange 13
for the final disposition of the body under § 5–509 of this subtitle. 14
(2) The notification required under paragraph (1) of this subsection shall: 15
(i) Be made within 24 hours after the occurrence of the unforeseen 16
circumstance; and 17
(ii) Include the name and location of the facility where the body is 18
being transferred, the reason for the transfer, and the method of storage. 19
(d) The body of a decedent may not be embalmed or artificially preserved without: 20
(1) The express permission of the person authorized to arrange for the final 21
disposition of the body under § 5–509 of this subtitle; or 22
(2) A court order. 23
(e) A funeral establishment [or], crematory, OR REDUCTION FACILIT Y shall 24
store the body of a decedent until final disposition at: 25
(1) A funeral establishment licensed under Title 7 of the Health 26
Occupations Article; 27
(2) A crematory OR REDUCTION FACILIT Y licensed under Title 7 of the 28
Health Occupations Article; 29
(3) A crematory OR REDUCTION FACILIT Y permitted under Title 5 of the 30
Business Regulation Article; or 31
20 HOUSE BILL 1168
(4) Another facility that has passed an inspection with the State Board of 1
Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2 2
years. 3
(f) A funeral establishment, crematory, REDUCTION FACILITY , or 4
transportation service may not transport or store the body of a decedent together with 5
animal remains in the same confined space. 6
(g) (1) Except as provided in paragraph (2) of this subsection, while the body 7
of a decedent is in the custody of a funeral establishment [or], crematory, OR REDUCTION 8
FACILITY in the State, the body may not be transported for preparation or storage to a 9
facility that is not within the jurisdiction of the State, licensed by the State Board of 10
Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight. 11
(2) The body of a decedent may be transported for preparation or storage 12
to a facility that is not within the jurisdiction of the State, licensed by the State Board of 13
Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if: 14
(i) The facility has entered into a written agreement with the State 15
Board of Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the 16
State to make unannounced inspections of the facility; and 17
(ii) The person authorized to arrange for the final disposition of the 18
body under § 5–509 of this subtitle: 19
1. Has given written permission for the body to be 20
transported to the facility; or 21
2. A. Has given oral permission for the body to be 22
transported to the facility; and 23
B. Within 36 hours after giving oral permission, provides 24
written verification of the oral permission. 25
5–514. 26
(a) An individual may not bury or dispose of a body except: 27
(1) In a family burial plot or other area allowed by a local ordinance; 28
(2) In a crematory; 29
(3) In a cemetery; 30
(4) IN A REDUCTION FACILI TY; 31
(5) By donating the body to medical science; or 32 HOUSE BILL 1168 21
[(5)] (6) By removing the body to another state for final disposition in 1
accordance with the laws of the other state. 2
(B) A PERSON MAY NOT USE O R DISPOSE OF SOIL RE MAINS PRODUCED BY 3
NATURAL ORGANIC REDU CTION: 4
(1) ON PUBLIC OR PRIVATE PROPERTY WITHOUT THE PRIOR 5
WRITTEN PERMISSION O F: 6
(I) THE OWNER OF THE PUBL IC PROPERTY; 7
(II) THE SURVIVING OWNERS OF PUBLIC RECORD OF THE 8
PRIVATE PROPERTY ; OR 9
(III) IF THE DECEDENT WAS S OLE OWNER OF THE PRO PERTY AT 10
DEATH, THE AUTHORIZING AGEN T; 11
(2) BY USING THE SOIL REMAINS TO GROW FOOD FOR CON SUMPTION 12
BY HUMANS OR LIVESTO CK; 13
(3) BY SELLING OR RESELLI NG THE SOIL REMAINS TO A THIRD 14
PARTY; OR 15
(4) BY COMBINING OR INCOR PORATING THE SOIL REMAINS INTO 16
COMPOST OFFERED FOR SALE TO CONSUMERS OR FOR COMMERCIAL OR 17
AGRICULTURAL PURCHAS ERS. 18
(C) UNLESS A FUNERAL ESTA BLISHMENT OR CEMETER Y HAS OTHERWISE 19
AGREED IN WRITING , A REDUCTION FACILITY THAT PRODUCES SOIL R EMAINS IS 20
RESPONSIBLE FOR PROV IDING FOR THE FINAL DISPOSITION AND DI SPOSAL OF THE 21
SOIL REMAINS IN ACCO RDANCE WITH WRITTEN DIRECTION GIVEN BY A N 22
AUTHORIZING AGENT . 23
(D) EXCEPT FOR ACTS OF GR OSS NEGLIGENCE OR RE CKLESS DISREGARD OF 24
THE PROHIBITIONS UND ER SUBSECTION (B) OF THIS SECTION, A PRACTITIONER OR 25
REDUCTION FACILITY O PERATOR IS NOT LIABL E FOR: 26
(1) TRANSFERRING POSSESSI ON OF SOIL REMAINS A T A REDUCTION 27
FACILITY; OR 28
(2) DELIVERING SOIL REMAI NS TO ANOTHER LOCATI ON ACCORDING 29
TO THE WRITTEN DIREC TION PROVIDED BY AN AUTHORIZING AGENT . 30
22 HOUSE BILL 1168
[(b)] (E) An individual who violates this section is guilty of a misdemeanor and 1
on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 2
or both. 3
Article – Health Occupations 4
7–101. 5
(a) In this title the following words have the meanings indicated. 6
(A–1) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 7
BUSINESS REGULATION ARTICLE. 8
(c–1) “Authorizing agent” means the individual who has legal authority to arrange 9
for and make decisions regarding the final disposition of a dead human body, including by 10
cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION HAS THE 11
MEANING STATED IN § 5–508 OF THE HEALTH – GENERAL ARTICLE. 12
(h) “Cremation” means [the process of reducing human remains to bone 13
fragments through intense heat and evaporation, including any mechanical or thermal 14
process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION . 15
(i) “Crematory” means a building, portion of a building, or structure that houses 16
the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS. 17
(l) (1) “Human remains” means: 18
(i) The body of a deceased person; or 19
(ii) A part of a body or limb that has been removed from a living 20
person. 21
(2) “Human remains” includes the body or part of a body or limb in any 22
state of decomposition. 23
(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS 24
PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC REDUCTION . 25
(L–1) “HYDROLYZED REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 26
BUSINESS REGULATION ARTICLE. 27
(S–1) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN § 28
5–101 OF THE BUSINESS REGULATION ARTICLE. 29
(t) (1) “Practice funeral direction” means: 30
HOUSE BILL 1168 23
(i) To operate a funeral establishment; 1
(ii) For compensation, to prepare a dead human body for disposition; 2
or 3
(iii) For compensation, to arrange for or make final disposition of a 4
dead human body. 5
(2) “Practice funeral direction” does not include: 6
(i) For compensation, disinfecting or preserving a dead human body 7
or any of its parts by arterial or cavity injection or any other type of preservation; or 8
(ii) The business of operating a crematory OR REDUCTION 9
FACILITY. 10
(u) (1) “Practice mortuary science” means: 11
(i) To operate a funeral establishment; 12
(ii) For compensation, to prepare a dead human body for disposition; 13
or 14
(iii) For compensation, to arrange for or make final disposition of a 15
dead human body. 16
(2) “Practice mortuary science” includes: 17
(i) The practice of funeral direction; and 18
(ii) Disinfecting or preserving a dead human body or any of its parts 19
by arterial or cavity injection. 20
(3) “Practice mortuary science” does not include: 21
(i) The pickup, removal, or transportation of a dead human body, if 22
the unlicensed individual is acting under the direction of a licensed mortician or funeral 23
director; or 24
(ii) The business of operating a crematory OR REDUCTION 25
FACILITY. 26
(V–1) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE 27
BUSINESS REGULATION ARTICLE. 28
24 HOUSE BILL 1168
(V–2) “REGISTERED REDUCTION OPERATOR” HAS THE MEANING STAT ED IN § 1
5–101 OF THE BUSINESS REGULATION ARTICLE. 2
(V–3) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 3
BUSINESS REGULATION ARTICLE. 4
7–102. 5
(a) This title does not limit the right of an individual to practice a health 6
occupation that the individual is authorized to practice under this article. 7
(b) (1) In this subsection, “registrant or permit holder” means a person 8
regulated under Title 5 of the Business Regulation Article as a registered cemeterian, 9
REGISTERED REDUCTION OPERATOR , registered seller, or holder of a permit to operate 10
a cemetery, REDUCTION FACILITY , or burial goods business. 11
(2) This title does not apply to: 12
(i) The business of operating a cemetery, including the sale of 13
cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults; 14
(ii) The ownership of a crematory OR REDUCTION FACILIT Y or the 15
business of operating a crematory OR REDUCTION FACILIT Y in which: 16
1. A registrant or permit holder owns a greater percentage of 17
the crematory OR REDUCTION FACILIT Y than a person licensed under this title; 18
2. Ownership is equal between a registrant or permit holder 19
and a person licensed under this title; or 20
3. Neither a registrant, permit holder, or person licensed 21
under this title has an ownership interest in the crematory OR REDUCTION FACILIT Y; or 22
(iii) The ownership of a crematory or the business of operating a 23
crematory or incinerator at a licensed medical facility or educational institution. 24
7–205. 25
(c) In conjunction with the Office of Cemetery Oversight, the Board shall: 26
(1) Establish a process for regulating crematories AND REDUCTION 27
FACILITIES that provides for: 28
(i) Registration of crematory operators AND REDUCTION 29
OPERATORS or issuance of permits for operating crematories AND REDUCTION 30
FACILITIES, and renewal; 31 HOUSE BILL 1168 25
(ii) Applications, including certification of ownership and 1
identification of individuals who will perform cremation, ALKALINE HYDROL YSIS, OR 2
NATURAL ORGANIC REDU CTION; 3
(iii) Registration or permit fees; 4
(iv) Inspections and oversight; 5
(v) Grounds for discipline and penalties; and 6
(vi) Complaints and hearings; and 7
(2) Adopt regulations that are identical to regulations adopted by the 8
Director of the Office of Cemetery Oversight to: 9
(i) Implement item (1) of this subsection; and 10
(ii) Ensure public health and safety; AND 11
(III) MEET THE REQUIREMENTS OF § 5–204(A)(3) OF THE 12
BUSINESS REGULATION ARTICLE. 13
7–406. 14
(a) A licensee shall maintain a complete file [of a] FOR EACH cremation AND 15
EACH ALKALINE HYDROL YSIS OR NATURAL ORGA NIC REDUCTION THAT IS INITIATED 16
that includes the signature of the next of kin, person identifying the body, or person 17
responsible for disposition, time of death, and the date and time of cremation OR THE TIME 18
THAT THE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION WA S 19
INITIATED. 20
(b) (1) (i) In this subsection the following words have the meanings 21
indicated. 22
(ii) “Eligible dependent” means a veteran’s spouse, a veteran’s 23
unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before 24
the age of 21 became permanently incapable of self–support because of physical or mental 25
disability. 26
(iii) 1. “Identifying information” means data required by a 27
veterans service organization to verify the eligibility of a veteran or an eligible dependent 28
for burial in a national or state veterans cemetery. 29
26 HOUSE BILL 1168
2. “Identifying information” includes name, service number, 1
Social Security number, date of birth, date of death, place of birth, and copy of the death 2
certificate. 3
(iv) “Veteran” has the meaning stated in § 9–901 of the State 4
Government Article. 5
(v) “Veterans service organization” means an association or other 6
entity organized for the benefit of veterans that has been recognized by the U.S. 7
Department of Veterans Affairs or chartered by Congress and any employee or 8
representative of the association or entity. 9
(2) (I) If a licensed funeral establishment [or], a crematory, OR A 10
REDUCTION FACILITY is in possession of cremated human remains OR HYDROLYZED 11
REMAINS that have been unclaimed for 90 days or more, the licensed funeral establishment 12
or holder of the permit for the business of operating a crematory shall provide identifying 13
information of the unclaimed cremains OR HYDROLYZED REMAIN S to a veterans service 14
organization in order for the veterans service organization to determine if the unclaimed 15
cremains are those of a veteran or an eligible dependent. 16
(II) 1. SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH DOES 17
NOT APPLY IF: 18
A. AN AUTHORIZING AGENT DIRECTS OTHERWISE; OR 19
B. A LICENSED FUNERAL EST ABLISHMENT OR 20
REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING 21
INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR 22
DISPOSITION BENEFITS ASSOCIATED WITH VETE RAN STATUS. 23
2. A LICENSED FUNERAL ESTABL ISHMENT OR 24
REDUCTION FACILITY I N POSSESSION OF HUMA N REMAINS THAT ARE B EING 25
PROCESSED BY NATURAL ORGANIC REDUCTION SH ALL PROVIDE IDENTIFY ING 26
INFORMATION TO A VET ERANS SERVICE ORGANI ZATION WITHIN 5 BUSINESS DAYS 27
AFTER NATURAL ORGANI C REDUCTION IS INITIATED TO DETERMINE IF THE SOIL 28
REMAINS ARE THOSE OF A VETERAN OR AN ELIG IBLE DEPENDENT . 29
(3) Within 45 days after receipt of the information required under 30
paragraph (2) of this subsection, the veterans service organization shall notify the licensed 31
funeral establishment [or], permit holder, OR REDUCTION FACILIT Y: 32
(i) Whether the cremains, HYDROLYZED REMAINS , OR SOIL 33
REMAINS are those of a veteran or an eligible dependent; and 34
HOUSE BILL 1168 27
(ii) If so, whether the veteran or eligible dependent is eligible for 1
burial in a veterans cemetery. 2
(4) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a 3
veteran or an eligible dependent, the licensed funeral establishment or permit holder may 4
transfer the cremains OR HYDROLYZED REMAIN S to a veterans service organization for 5
the purpose of the appropriate disposition of the cremains OR HYDROLYZED REMAINS . 6
(5) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR 7
ELIGIBLE DEPENDENT , THE LICENSED FUNERAL EST ABLISHMENT OR REDUCTION 8
FACILITY MAY: 9
(I) TRANSFER A PORTION OF THE SOIL REMAINS NOT 10
EXCEEDING 300 CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION 11
THAT GRANTS PERMISSI ON FOR THE PURPOSE O F DISPOSITION; AND 12
(II) IF AUTHORIZED , TRANSFER THE BALANCE OF THE SOIL 13
REMAINS TO A C EMETERY OR THE OWNER OF A WOODLAND PROTEC TED UNDER THE 14
FOREST CONSERVATION ACT. 15
[(5)] (6) If a veterans service organization does not take possession of 16
unclaimed cremains OR HYDROLYZED REMAIN S OR THE PORTION OF UN CLAIMED SOIL 17
REMAINS that qualify for a plot in a State veterans’ cemetery under § 9–906 of the State 18
Government Article within 10 days after the licensed funeral establishment, REDUCTION 19
FACILITY, or permit holder receives the notification required under paragraph (3) of this 20
subsection, the licensed funeral establishment, REDUCTION FACILITY , or permit holder 21
shall: 22
(i) Notify the Department of Veterans Affairs of the status of the 23
cremains, OR HYDROLYZED REMAINS , OR PORTION OF SOIL R EMAINS for the purpose 24
of the appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION 25
OF SOIL REMAINS; [and] 26
(ii) Transfer the cremains, OR HYDROLYZED REMAINS , OR 27
PORTION OF SOIL REMAINS to the Department of Veterans Affairs for the purpose of the 28
appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION OF 29
SOIL REMAINS; AND. 30
(7) IF A VETERANS SERVICE ORGANIZATION DOES NO T TAKE 31
POSSESSION OF A PORT ION OF UNCLAIMED SOI L REMAINS UNDER PARA GRAPH (5)(I) 32
OF THIS SUBSECTION THAT QUALIFIES FOR A PLOT IN A STATE VETERANS ’ 33
CEMETERY UNDER § 9–906 OF THE STATE GOVERNMENT ARTICLE WITHIN 10 DAYS 34
AFTER THE REDUCTION FACILITY RECEIVES TH E NOTIFICATION REQUI RED UNDER 35
PARAGRAPH (3) OF THIS SUBSECTION , THE REDUCTION FACILI TY SHALL: 36 28 HOUSE BILL 1168
(I) NOTIFY THE DEPARTMENT OF VETERANS AFFAIRS OF THE 1
STATUS OF THE SOIL R EMAINS FOR THE PURPO SE OF THE APPROPRIAT E 2
DISPOSITION OF THE P ORTION OF SOIL REMAI NS; 3
(II) TRANSFER THE PORTION OF SOIL REMAINS TO T HE 4
DEPARTMENT OF VETERANS AFFAIRS FOR THE PURPO SE OF THE APPROPRIATE 5
DISPOSITION OF THE P ORTION OF THE SOIL R EMAINS; AND 6
(III) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER 7
THE BALANCE OF THE S OIL REMAINS TO A CEM ETERY OR THE OWNER O F A 8
WOODLAND PROTECTED U NDER THE FOREST CONSERVATION ACT. 9
7–505. 10
A licensee or the agent of a licensee may not represent that a burial or funeral casket 11
is required for cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.