Maryland 2024 Regular Session

Maryland House Bill HB1168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 600
2	1
3		-	– 1 –
4		-	Chapter 600
5		-	(House Bill 1168)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb1168
8	9
9		-	Human Remains – Alkaline Hydrolysis and Natural Organic Reduction
10		-	(Green Death Care Options Act)
	10	+	HOUSE BILL 1168
	11	+	C2, J1, J2 4lr2377
	12	+	CF SB 1028
	13	+	By: Delegates Kaiser, Boyce, Charkoudian, Fair, Foley, McCaskill, Qi, Ruth,
	14	+	Sample–Hughes, Solomon, Williams, and Woods Woods, Bagnall, Cullison,
	15	+	Guzzone, Hill, Hutchinson, S. Johnson, Kerr, R. Lewis, Lopez, Martinez,
	16	+	Pena–Melnyk, Rosenberg, Taveras, and White Holland
	17	+	Introduced and read first time: February 7, 2024
	18	+	Assigned to: Health and Government Operations
	19	+	Committee Report: Favorable with amendments
	20	+	House action: Adopted
	21	+	Read second time: March 4, 2024
11	22
12		-	FOR the purpose of establishing a regulatory system for reduction operators and reduction
13		-	facilities; establishing requirements and prohibitions related to the performance of
14		-	alkaline hydrolysis and natural organic reduction and the disposition of hydrolyzed
15		-	or soil remains by certain facilities; requiring the Director of the Office of Cemetery
16		-	Oversight and the Director of the State Board of Morticians and Funeral Directors
17		-	to adopt regulations governing the performance of natural organic reduction;
18		-	prohibiting a person from using or disposing of soil remains produced by natural
19		-	organic reduction in a certain manner, including by using the soil to grow food for
20		-	consumption by humans or livestock; and generally relating to alkaline hydrolysis
21		-	and natural organic reduction.
	23	+	CHAPTER ______
22	24
23		-	BY repealing and reenacting, with amendments,
24		-	Article – Business Regulation
25		-	Section 5–101, 5–204(a), (b), and (k), 5–301, 5–302, 5–303, 5–306(a), 5–308, 5–310(a)
26		-	and (b), 5–401, 5–402, 5–403, 5–803, 5–902, and 5–903
27		-	Annotated Code of Maryland
28		-	(2015 Replacement Volume and 2023 Supplement)
	25	+	AN ACT concerning 1
29	26
30		-	BY adding to
31		-	Article – Business Regulation
32		-	Section 5–901(d)
33		-	Annotated Code of Maryland
34		-	(2015 Replacement Volume and 2023 Supplement)
	27	+	Human Remains – Alkaline Hydrolysis and Natural Organic Reduction 2
	28	+	(Green Death Care Options Act) 3
35	29
36		-	BY repealing and reenacting, with amendments,
37		-	Article – Health – General
38		-	Section 5–502, 5–503, 5–504, 5–508, 5–511(a) and (b), 5–512, 5–513, and 5–514
39		-	Annotated Code of Maryland
40		-	(2023 Replacement Volume)
	30	+	FOR the purpose of establishing a regulatory system for reduction operators and reduction 4
	31	+	facilities; establishing requirements and prohibitions related to the performance of 5
	32	+	alkaline hydrolysis and natural organic reduction and the disposition of hydrolyzed 6
	33	+	or soil remains by certain facilities; requiring the Director of the Office of Cemetery 7
	34	+	Oversight and the Director of the State Board of Morticians and Funeral Directors 8
	35	+	to adopt regulations governing the performance of natural organic reduction; 9
	36	+	prohibiting a person from using or disposing of soil remains produced by natural 10
	37	+	organic reduction in a certain manner, including by using the soil to grow food for 11
	38	+	consumption by humans or livestock; and generally relating to alkaline hydrolysis 12
	39	+	and natural organic reduction. 13
41	40
42		-	BY repealing and reenacting, without amendments,
43		-	Article – Health Occupations
44		-	Section 7–101(a)
45		-	Annotated Code of Maryland
46		-	(2021 Replacement Volume and 2023 Supplement)
	41	+	BY repealing and reenacting, with amendments, 14
	42	+	Article – Business Regulation 15
	43	+	Section 5–101, 5–204(a), (b), and (k), 5–301, 5–302, 5–303, 5–306(a), 5–308, 5–310(a) 16
	44	+	and (b), 5–401, 5–402, 5–403, 5–803, 5–902, and 5–903 17
	45	+	Annotated Code of Maryland 18
	46	+	(2015 Replacement Volume and 2023 Supplement) 19
47	47
48		-	BY adding to
49		-	Article – Health Occupations Ch. 600 2024 LAWS OF MARYLAND
	48	+	BY adding to 20 2 HOUSE BILL 1168
50	49
51		-	– 2 –
52		-	Section 7–101(a–1), (l–1), (s–1), (v–1), and (v–2), and (v–3)
53		-	Annotated Code of Maryland
54		-	(2021 Replacement Volume and 2023 Supplement)
55	50
56		-	BY repealing and reenacting, with amendments,
57		-	Article – Health Occupations
58		-	Section 7–101(c–1), (h), (i), (l), (t), and (u), 7–102, 7–205(c), 7–406, and 7–505
59		-	Annotated Code of Maryland
60		-	(2021 Replacement Volume and 2023 Supplement)
	51	+	Article – Business Regulation 1
	52	+	Section 5–901(d) 2
	53	+	Annotated Code of Maryland 3
	54	+	(2015 Replacement Volume and 2023 Supplement) 4
61	55
62		-	SECTION 1. BE IT ENACTE D BY THE GENERAL ASSEMBLY OF MARYLAND,
63		-	That the Laws of Maryland read as follows:
	56	+	BY repealing and reenacting, with amendments, 5
	57	+	Article – Health – General 6
	58	+	Section 5–502, 5–503, 5–504, 5–508, 5–511(a) and (b), 5–512, 5–513, and 5–514 7
	59	+	Annotated Code of Maryland 8
	60	+	(2023 Replacement Volume) 9
64	61
65		-	Article – Business Regulation
	62	+	BY repealing and reenacting, without amendments, 10
	63	+	Article – Health Occupations 11
	64	+	Section 7–101(a) 12
	65	+	Annotated Code of Maryland 13
	66	+	(2021 Replacement Volume and 2023 Supplement) 14
66	67
67		-	5–101.
	68	+	BY adding to 15
	69	+	Article – Health Occupations 16
	70	+	Section 7–101(a–1), (l–1), (s–1), (v–1), and (v–2), and (v–3) 17
	71	+	Annotated Code of Maryland 18
	72	+	(2021 Replacement Volume and 2023 Supplement) 19
68	73
69		-	(a) In this title the following words have the meanings indicated.
	74	+	BY repealing and reenacting, with amendments, 20
	75	+	Article – Health Occupations 21
	76	+	Section 7–101(c–1), (h), (i), (l), (t), and (u), 7–102, 7–205(c), 7–406, and 7–505 22
	77	+	Annotated Code of Maryland 23
	78	+	(2021 Replacement Volume and 2023 Supplement) 24
70	79
71		-	(B) “ALKALINE HYDROLYSIS ” MEANS THE PROCESS OF REDUCING HUMAN
72		-	REMAINS USING WATER , ALKALINE CHEMICALS , AND HEAT INSIDE A WA TERTIGHT
73		-	VESSEL TO ACCELERATE DECOMPOSITION .
	80	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
	81	+	That the Laws of Maryland read as follows: 26
74	82
75		-	(C) “AUTHORIZING AGENT ” HAS THE MEANING STAT ED IN § 5–508 OF THE
76		-	HEALTH – GENERAL ARTICLE.
	83	+	Article – Business Regulation 27
77	84
78		-	[(b)] (D) (1) “Burial goods” means goods that are used in connection with
79		-	burial.
	85	+	5–101. 28
80	86
81		-	(2) ~~“Burial goods”~~ ~~includes:~~
	87	+	(a) In this title the following words have the meanings indicated. 29
82	88
83		-	(i) a casket;
	89	+	(B) “ALKALINE HYDROLYSIS ” MEANS THE PROCESS OF REDUCING HUMAN 30
	90	+	REMAINS USING WATER , ALKALINE CHEMICALS , AND HEAT INSIDE A WA TERTIGHT 31
	91	+	VESSEL TO ACCELERATE DECOMPOSITION . 32
84	92
85		-	(ii) a grave liner;
	93	+	(C) “AUTHORIZING AGENT ” HAS THE MEANING STAT ED IN § 5–508 OF THE 33
	94	+	HEALTH – GENERAL ARTICLE. 34
	95	+	HOUSE BILL 1168 3
86	96
87		-	(iii) a memorial;
88	97
89		-	(iv) a monument;
	98	+	[(b)] (D) (1) “Burial goods” means goods that are used in connection with 1
	99	+	burial. 2
90	100
91		-	(v) ~~a scroll;~~
	101	+	(2) “Burial goods” includes: 3
92	102
93		-	(vi) ~~an urn~~;
	103	+	(i) a casket; 4
94	104
95		-	(~~vii~~) a ~~vase~~; ~~and~~
	105	+	(ii) a grave liner; 5
96	106
97		-	(~~viii~~) a ~~vault. WES MOORE, Governor Ch. 600~~
	107	+	(iii) a memorial; 6
98	108
99		-	~~– 3 –~~
	109	+	(iv) a monument; 7
100	110
101		-	~~[(c)]~~ (E) ~~“Burial goods business” means~~ a ~~business that provides burial goods.~~
	111	+	(v) a scroll; 8
102	112
103		-	~~[(d)]~~ (F) ~~(1) “Cemetery” means land used or to be used for interment.~~
	113	+	(vi) an urn; 9
104	114
105		-	(2) ~~“Cemetery” includes~~ a ~~structure used or to be used for interment.~~
	115	+	(vii) a vase; and 10
106	116
107		-	[(e)] (G) “Cremation” means the [process of reducing human remains to bone
108		-	fragments through intense heat and evaporation, including any mechanical or thermal
109		-	process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION .
	117	+	(viii) a vault. 11
110	118
111		-	[(f)] (H) “Crematory” means a building, portion of a building, or structure that
112		-	houses the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS.
	119	+	[(c)] (E) “Burial goods business” means a business that provides burial goods. 12
113	120
114		-	[(g)] (I) “~~Director~~” means ~~the Director of the Office of Cemetery Oversight~~.
	121	+	[(d)] (F) (1) “Cemetery” means land used or to be used for interment. 13
115	122
116		-	[(h)] (J) “Engage in the operation of a cemetery” means owning, controlling, or
117		-	managing a cemetery, including performing activities necessary for:
	123	+	(2) “Cemetery” includes a structure used or to be used for interment. 14
118	124
119		-	(1) the establishment, improvement, care, preservation, or embellishment
120		-	of a cemetery;
	125	+	[(e)] (G) “Cremation” means the [process of reducing human remains to bone 15
	126	+	fragments through intense heat and evaporation, including any mechanical or thermal 16
	127	+	process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION . 17
121	128
122		-	(2) interment; and
	129	+	[(f)] (H) “Crematory” means a building, portion of a building, or structure that 18
	130	+	houses the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS. 19
123	131
124		-	(3) the ~~providing~~ of ~~burial space or burial goods~~.
	132	+	[(g)] (I) “Director” means the Director of the Office of Cemetery Oversight. 20
125	133
126		-	[(i)] (~~K) (1~~) “Engage in the operation of a ~~crematory~~” means controlling or
127		-	managing a ~~crematory.~~
	134	+	[(h)] (J) “Engage in the operation of a cemetery” means owning, controlling, or 21
	135	+	managing a cemetery, including performing activities necessary for: 22
128	136
129		-	(2) “Engage in the operation of a crematory” does not include:
	137	+	(1) the establishment, improvement, care, preservation, or embellishment 23
	138	+	of a cemetery; 24
130	139
131		-	(i) the practice of funeral direction or the practice of mortuary
132		-	science; or
	140	+	(2) interment; and 25
133	141
134		-	(ii) 1. ~~assistance in making decisions and filling out forms that~~
135		-	~~are not directly related to cremation;~~
	142	+	(3) the providing of burial space or burial goods. 26
	143	+	4 HOUSE BILL 1168
136	144
137		-	2. obtaining vital statistics, signatures, and other
138		-	information necessary to complete a death certificate;
139	145
140		-	3. transportation of a body to the place of disposition; or
	146	+	[(i)] (K) (1) “Engage in the operation of a crematory” means controlling or 1
	147	+	managing a crematory. 2
141	148
142		-	4. any other services regarding the disposition of a body that
143		-	are not directly related to cremation.
144		-	Ch. 600 2024 LAWS OF MARYLAND
	149	+	(2) “Engage in the operation of a crematory” does not include: 3
145	150
146		-	– 4 –
147		-	(L) (1) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” MEANS
148		-	CONTROLLING OR MANAG ING A REDUCTION FACI LITY.
	151	+	(i) the practice of funeral direction or the practice of mortuary 4
	152	+	science; or 5
149	153
150		-	(2) ~~“ENGAGE~~ IN ~~THE OPERATI ON OF A REDUCTION FACILITY”~~ ~~DOES~~
151		-	NOT ~~INCLUDE:~~
	154	+	(ii) 1. assistance in making decisions and filling out forms that 6
	155	+	are not directly related to cremation; 7
152	156
153		-	~~(I) THE PRACTICE OF FUNE RAL DIRECTION OR THE PRACTICE~~
154		-	~~OF MORTUARY SCIENCE~~ ; OR
	157	+	2. obtaining vital statistics, signatures, and other 8
	158	+	information necessary to complete a death certificate; 9
155	159
156		-	(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLIN G OUT
157		-	FORMS THAT ARE NOT D IRECTLY RELATED TO N ATURAL ORGANIC REDUC TION;
	160	+	3. transportation of a body to the place of disposition; or 10
158	161
159		-	2. ~~OBTAINING VITAL STATISTICS , SIGNATURES,~~ ~~AND~~
160		-	~~OTHER INFORMATION NE CESSARY~~ TO ~~COMPLETE A DEATH CERTIFICATE ;~~
	162	+	4. any other services regarding the disposition of a body that 11
	163	+	are not directly related to cremation. 12
161	164
162		-	~~3. TRANSPORTATION~~ OF A ~~BODY TO THE PLACE OF~~
163		-	~~DISPOSITION;~~ OR
	165	+	(L) (1) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” MEANS 13
	166	+	CONTROLLING OR MANA GING A REDUCTION FAC ILITY. 14
164	167
165		-	~~4. ANY OTHER SERVICES R EGARDING~~ THE ~~DISPOSI TION~~
166		-	~~OF A BODY THAT ARE N OT DIRECTLY RELATED TO NATURAL ORGANIC REDU CTION.~~
	168	+	(2) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” DOES 15
	169	+	NOT INCLUDE: 16
167	170
168		-	~~[(j)]~~ (M) ~~“Funeral establishment”~~ ~~means a building,~~ ~~structure,~~ or ~~premises from~~
169		-	~~which the business~~ of ~~funeral directing~~ or ~~embalming is conducted.~~
	171	+	(I) THE PRACTICE OF FUNE RAL DIRECTION OR THE PRACTICE 17
	172	+	OF MORTUARY SCIENCE ; OR 18
170	173
171		-	[(k)] (N) (1) “Human remains” means:
	174	+	(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLIN G OUT 19
	175	+	FORMS THAT AR E NOT DIRECTLY RELAT ED TO NATURAL ORGANI C REDUCTION; 20
172	176
173		-	(i) the body of a deceased person; or
	177	+	2. OBTAINING VITAL STAT ISTICS, SIGNATURES, AND 21
	178	+	OTHER INFORMATION NE CESSARY TO COMPLETE A DEATH CERTIFICATE ; 22
174	179
175		-	~~(ii) a part~~ of a body ~~or limb that has been removed from a living~~
176		-	~~person.~~
	180	+	3. TRANSPORTATION OF A BODY TO THE PLACE OF 23
	181	+	DISPOSITION; OR 24
177	182
178		-	~~(2) “Human remains” includes the body or part of a body or limb in~~ any
179		-	~~state~~ of ~~decomposition~~.
	183	+	4. ANY OTHER SERVICES REGARDING T HE DISPOSITION 25
	184	+	OF A BODY THAT ARE N OT DIRECTLY RELATED TO NATURAL ORGANIC R EDUCTION. 26
180	185
181		-	(3) “~~HUMAN REMAINS~~ ” ~~DOES NOT INCLUDE SOI L REMAINS~~
182		-	~~PRODUCED AFTER~~ THE ~~C OMPLETION~~ OF ~~NATURAL ORGAN IC REDUCTION~~.
	186	+	[(j)] (M) “Funeral establishment” means a building, structure, or premises from 27
	187	+	which the business of funeral directing or embalming is conducted. 28
183	188
184		-	(O) “HYDROLYZED REMAINS ” MEANS THE BONE FRAGM ENTS PRODUCED BY
185		-	THE COMPLETION OF AL KALINE HYDROLYSIS .
	189	+	[(k)] (N) (1) “Human remains” means: 29
186	190
187		-	[(l)] (P) “Interment” means all final disposition of human remains or pet
188		-	remains, including:
	191	+	(i) the body of a deceased person; or 30 HOUSE BILL 1168 5
189	192
190		-	(1) earth burial; WES MOORE, Governor Ch. 600
191	193
192		-	– 5 –
193	194
194		-	(2) mausoleum entombment; and
	195	+	(ii) a part of a body or limb that has been removed from a living 1
	196	+	person. 2
195	197
196		-	(3) niche or columbarium interment.
	198	+	(2) “Human remains” includes the body or part of a body or limb in any 3
	199	+	state of decomposition. 4
197	200
198		-	(Q) “~~NATURAL ORGANIC REDUC TION~~” ~~MEANS THE CONTAINED~~
199		-	~~ACCELERATED CONVERSI ON~~ OF ~~HUMAN REMAINS INTO SOIL~~.
	201	+	(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS 5
	202	+	PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC REDUCTION . 6
200	203
201		-	[(m)] (R) “Office” means the Office of Cemetery Oversight.
	204	+	(O) “HYDROLYZED REMAINS ” MEANS THE BONE FRAGM ENTS PRODUCED BY 7
	205	+	THE COMPLETION OF AL KALINE HYDROLYSIS . 8
202	206
203		-	[(n)] (S) “Permit” means a permit issued by the Director to allow a partnership,
204		-	limited liability company, or corporation to operate a business through which a registrant
205		-	may:
	207	+	[(l)] (P) “Interment” means all final disposition of human remains or pet 9
	208	+	remains, including: 10
206	209
207		-	(1) ~~engage in the operation of a cemetery or crematory~~; or
	210	+	(1) earth burial; 11
208	211
209		-	(2) ~~provide burial goods.~~
	212	+	(2) mausoleum entombment; and 12
210	213
211		-	[(o)] (T) (1) “Pet remains” means the body of a deceased animal that was kept
212		-	as a pet.
	214	+	(3) niche or columbarium interment. 13
213	215
214		-	(2) “~~Pet remains~~” ~~includes~~ the ~~body of a pet or a part of a pet’s body in any~~
215		-	~~state~~ of ~~decomposition or the body of a pet after having been cremated~~.
	216	+	(Q) “NATURAL ORGANIC REDUC TION” MEANS THE CONTAINED 14
	217	+	ACCELERATED CONVERSI ON OF HUMAN REMAINS INTO SOIL. 15
216	218
217		-	[(p)] (U) (1) “Preneed goods” means burial goods that are sold before the
218		-	buyer’s death.
	219	+	[(m)] (R) “Office” means the Office of Cemetery Oversight. 16
219	220
220		-	(2) “Preneed goods” does not include burial space.
	221	+	[(n)] (S) “Permit” means a permit issued by the Director to allow a partnership, 17
	222	+	limited liability company, or corporation to operate a business through which a registrant 18
	223	+	may: 19
221	224
222		-	~~[(q)]~~ (V) ~~“Provide burial goods”~~ ~~means~~ a ~~retail transaction:~~
	225	+	(1) engage in the operation of a cemetery or crematory; or 20
223	226
224		-	(1) ~~to erect, service, or inscribe~~ burial ~~memorials; or~~
	227	+	(2) provide burial goods. 21
225	228
226		-	(2) to sell burial goods.
	229	+	[(o)] (T) (1) “Pet remains” means the body of a deceased animal that was kept 22
	230	+	as a pet. 23
227	231
228		-	(W) “REDUCTION FACILITY ” MEANS A BUILDING , PORTION OF A BUILDIN G,
229		-	OR STRUCTURE THAT HO USES THE NECESSARY A PPLIANCES, CONTAINERS, AND
230		-	FACILITIES FOR PERFO RMING NATURAL ORGANI C REDUCTION.
	232	+	(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 24
	233	+	state of decomposition or the body of a pet after having been cremated. 25
231	234
232		-	[(r)] (X) “~~Registered cemeterian~~” means ~~an individual registered to operate a~~
233		-	~~cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder~~.
	235	+	[(p)] (U) (1) “Preneed goods” means burial goods that are sold before the 26
	236	+	buyer’s death. 27
234	237
235		-	[(s)] (Y) “Registered crematory operator” means an individual registered to
236		-	operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.
237		-	Ch. 600 2024 LAWS OF MARYLAND
	238	+	(2) “Preneed goods” does not include burial space. 28
	239	+	6 HOUSE BILL 1168
238	240
239		-	– 6 –
240		-	(Z) “REGISTERED REDUCTION OPERATOR” MEANS AN INDIVIDUAL
241		-	REGISTERED TO OPERAT E A REDUCTION FACILI TY AS A SOLE PROPRIE TOR OR ON
242		-	BEHALF OF A SOLE PRO PRIETOR OR A PERMIT HOLDER.
243	241
244		-	[(t)] (AA) “Registered seller” means an individual registered to provide burial
245		-	goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
	242	+	[(q)] (V) “Provide burial goods” means a retail transaction: 1
246	243
247		-	[(u)] (BB) “Registration” means a registration issued by the Director authorizing
248		-	an individual to operate a cemetery, to operate a crematory, TO OPERATE A REDUCTI ON
249		-	FACILITY, or to provide burial goods.
	244	+	(1) to erect, service, or inscribe burial memorials; or 2
250	245
251		-	[(v)] (CC) “Responsible party” means a sole proprietor or the individual
252		-	designated by a partnership, limited liability company, or corporation to be responsible for
253		-	the operations of a cemetery, crematory, REDUCTION FACILITY , or burial goods business.
	246	+	(2) to sell burial goods. 3
254	247
255		-	(DD) “~~SOIL REMAINS~~” MEANS ~~THE SOIL PRODU CED AT FINAL DISPOSI TION~~ OF
256		-	~~A DEAD HUMAN BODY AT~~ A ~~REDUCTION FACILITY BY COMPLETION OF NAT URAL~~
257		-	~~ORGANIC~~ REDUCTION .
	248	+	(W) “REDUCTION FACILITY ” MEANS A BUILDING , PORTION OF A BUILDIN G, 4
	249	+	OR STRUCTURE THAT HO USES THE NECESSARY A PPLIANCES, CONTAINERS, AND 5
	250	+	FACILITIES FOR PERFO RMING NATURAL ORGANI C REDUCTION. 6
258	251
259		-	5–204.
	252	+	[(r)] (X) “Registered cemeterian” means an individual registered to operate a 7
	253	+	cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 8
260	254
261		-	(a) ~~(1) With the advice of the Advisory Council and after consultation with~~
262		-	~~representatives~~ of ~~the cemetery industry,~~ ~~the Director shall adopt:~~
	255	+	[(s)] (Y) “Registered crematory operator” means an individual registered to 9
	256	+	operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 10
263	257
264		-	(i) rules and regulations to carry out this title; and
	258	+	(Z) “REGISTERED REDUCTION OPERATOR” MEANS AN INDIVIDUAL 11
	259	+	REGISTERED TO OPERAT E A REDUCTION FACILI TY AS A SOLE PROPRIE TOR OR ON 12
	260	+	BEHALF OF A SOLE PROPRIETOR OR A PERMIT HOLDER . 13
265	261
266		-	(ii) ~~a code of ethics for engaging in the operation of a cemetery [or],~~
267		-	~~crematory,~~ OR ~~REDUCTION FACILIT Y~~ or ~~providing burial goods~~.
	262	+	[(t)] (AA) “Registered seller” means an individual registered to provide burial 14
	263	+	goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 15
268	264
269		-	(2) In conjunction with the State Board of Morticians and Funeral
270		-	Directors, the Director shall:
	265	+	[(u)] (BB) “Registration” means a registration issued by the Director authorizing 16
	266	+	an individual to operate a cemetery, to operate a crematory, TO OPERATE A REDUCTI ON 17
	267	+	FACILITY, or to provide burial goods. 18
271	268
272		-	(i) establish a process for regulating crematories AND REDUCTION
273		-	FACILITIES that provides for:
	269	+	[(v)] (CC) “Responsible party” means a sole proprietor or the individual 19
	270	+	designated by a partnership, limited liability company, or corporation to be responsible for 20
	271	+	the operations of a cemetery, crematory, REDUCTION FACILITY , or burial goods business. 21
274	272
275		-	~~1. registration~~ of ~~crematory operators AND REDUCTION~~
276		-	FACILITY ~~OPERATORS or issuance~~ of ~~permits for operating crematories AND REDUCTION~~
277		-	~~FACILITIES, and renewal;~~
	273	+	(DD) “SOIL REMAINS” MEANS THE SOIL PRODU CED AT FINAL DISPOSI TION OF 22
	274	+	A DEAD HUMAN BODY AT A REDUCTION FACILITY BY COMPLETION OF NAT URAL 23
	275	+	ORGANIC REDUCTION . 24
278	276
279		-	2. applications, including certification of ownership and
280		-	identification of individuals who will perform ALKALINE HYDROLYSIS , cremation, OR
281		-	NATURAL ORGANIC REDU CTION;
	277	+	5–204. 25
282	278
283		-	3. registration and permit fees; WES MOORE, Governor Ch. 600
	279	+	(a) (1) With the advice of the Advisory Council and after consultation with 26
	280	+	representatives of the cemetery industry, the Director shall adopt: 27
284	281
285		-	~~– 7 –~~
	282	+	(i) rules and regulations to carry out this title; and 28
286	283
287		-	4. inspections and oversight;
	284	+	(ii) a code of ethics for engaging in the operation of a cemetery [or], 29
	285	+	crematory, OR REDUCTION FACILIT Y or providing burial goods. 30
	286	+	HOUSE BILL 1168 7
288	287
289		-	5. grounds for discipline and penalties; and
290	288
291		-	6. complaints and hearings; and
	289	+	(2) In conjunction with the State Board of Morticians and Funeral 1
	290	+	Directors, the Director shall: 2
292	291
293		-	(ii) ~~adopt regulations that are identical to regulations adopted by the~~
294		-	~~State Board of Morticians and Funeral Directors to~~:
	292	+	(i) establish a process for regulating crematories AND REDUCTION 3
	293	+	FACILITIES that provides for: 4
295	294
296		-	1. implement item (i) of this paragraph; and
	295	+	1. registration of crematory operators AND REDUCTION 5
	296	+	FACILITY OPERATORS or issuance of permits for operating crematories AND REDUCTION 6
	297	+	FACILITIES, and renewal; 7
297	298
298		-	2. ensure public health and safety.
	299	+	2. applications, including certification of ownership and 8
	300	+	identification of individuals who will perform ALKALINE HYDROLYSIS , cremation, OR 9
	301	+	NATURAL ORGANIC REDU CTION; 10
299	302
300		-	(3~~) THE DIRECTOR SHALL ADOPT REGULATIONS THAT :~~
	303	+	3. registration and permit fees; 11
301	304
302		-	(I) REQUIRE A LICENSED FUNERAL EST ABLISHMENT OR
303		-	REGISTERED REDUCTION OPERATOR TO NOTIFY T HE AUTHORIZING AGENT IN
304		-	WRITING AND BEFORE I NITIATING NATURAL OR GANIC REDUCTION THAT A PERSON
305		-	IS PROHIBITED BY LAW FROM USING WHO USES OR DISPOSING DISPOSES OF SOIL
306		-	REMAINS UNDER IS IN VIOLATION OF § 5–514 OF THE HEALTH – GENERAL ARTICLE;
	305	+	4. inspections and oversight; 12
307	306
308		-	(II) REQUIRE A REDUCTION FACILITY TO MONITOR AND
309		-	RECORD WRITTEN VERIF ICATION THAT THE TEM PERATURE DURING EACH
310		-	INSTANCE OF A NATURA L ORGANIC REDUCTION PROCESS ATTAINS A SP ECIFIED
311		-	MINIMUM INTERNAL EQU IPMENT TEMPERATURE F OR A SPEC IFIED MINIMUM
312		-	PERIOD OF TIME;
	307	+	5. grounds for discipline and penalties; and 13
313	308
314		-	(III) ESTABLISH APPROPRIAT E STANDARDS FOR TRAI NING AND
315		-	EXPERIENCE FOR THE R EGISTRATION OF REDUC TION OPERATORS ;
	309	+	6. complaints and hearings; and 14
316	310
317		-	(IV) PROHIBIT THE USE OF NATURAL ORGANIC REDU CTION IN
318		-	ANY INSTANCE IN WHIC H THE HUMAN REMAINS ARE KNOWN , OR REASONABLY
319		-	SUSPECTED, TO BE EMBALMED OR TO HAVE AN INFECTION , DISEASE, OR
320		-	BIOLOGICAL CONDITION THAT RENDERS THE PRO CESS OF NATURAL ORGA NIC
321		-	REDUCTION OR THE RES ULTING SOIL REMAINS UNREASONABLY UNSAFE ,
322		-	INCLUDING:
	311	+	(ii) adopt regulations that are identical to regulations adopted by the 15
	312	+	State Board of Morticians and Funeral Directors to: 16
323	313
324		-	1. CREUTZFELDT –JAKOB DISEASE OR OTHE R PRION
325		-	DISEASE;
	314	+	1. implement item (i) of this paragraph; and 17
326	315
327		-	2. ~~EBOLA VIRUS INFECTION ;~~
	316	+	2. ensure public health and safety. 18
328	317
329		-	3. MYCOBACTERIUM TUBERCU LOSIS INFECTION;
330		-	Ch. 600 2024 LAWS OF MARYLAND
	318	+	(3) THE DIRECTOR SHALL ADOPT REGULATIONS THAT : 19
331	319
332		-	– 8 –
333		-	4. THE PRESENCE OF DIAG NOSTIC OR THERAPEUTI C
334		-	RADIOISOTOPES ; OR
	320	+	(I) REQUIRE A LICENSED FUNERAL EST ABLISHMENT OR 20
	321	+	REGISTERED REDUCTION OPERATOR TO NOTIFY T HE AUTHORIZING AGENT IN 21
	322	+	WRITING AND BEFORE I NITIATING NATURAL OR GANIC REDUCTION THAT A PERSON 22
	323	+	IS PROHIBITED BY LAW FROM USING WHO USES OR DISPOSING DISPOSES OF SOIL 23
	324	+	REMAINS UNDER IS IN VIOLATION OF § 5–514 OF THE HEALTH – GENERAL ARTICLE; 24
335	325
336		-	5. ANY OTHER INFECTION , DISEASE, OR BIOLOGICAL
337		-	CONDITION IDENTIFIED BY THE DIRECTOR BASED ON THE REASONABLE
338		-	RECOMMENDATION OF A FEDERAL, STATE, OR LOCAL HEALTH AUTH ORITY;
	326	+	(II) REQUIRE A REDUCTION FACILITY TO MONITOR AND 25
	327	+	RECORD WRITTEN VERIF ICATION THAT THE TEM PERATURE DURING EACH 26
	328	+	INSTANCE OF A NATURA L ORGANIC REDUCTION PROCESS ATTAINS A SP ECIFIED 27
	329	+	MINIMUM INTERNAL EQU IPMENT TEMPERATURE F OR A SPEC IFIED MINIMUM 28
	330	+	PERIOD OF TIME; 29
339	331
340		-	(V) ESTABLISH A MANDATOR Y CONTAMINATION TEST ING
341		-	PROGRAM FOR REDUCTIO N FACILITIES TO ENSU RE THE SAFETY OF SOI L REMAINS
342		-	PRODUCED, INCLUDING THE FOLLOW ING MINIMUM PROGRAM ELEMENTS:
	332	+	(III) ESTABLISH APPROPRIAT E STANDARDS FOR TRAI NING AND 30
	333	+	EXPERIENCE FOR THE R EGISTRATION OF REDUC TION OPERATORS ; 31 8 HOUSE BILL 1168
343	334
344		-	1. COLLECTING ROUTINE M ATERIAL SAMPLES FROM
345		-	SOIL REMAINS FOR ANA LYSIS USING:
346	335
347		-	A. A RELIABLE SAMPLING METHODOLOGY ; AND
348	336
349		-	B. AN APPROPRIATE FREQU ENCY OF SAMPLING , AS
350		-	RECOMMENDED OR APPRO VED BY THE U.S. COMPOSTING COUNCIL OR ANOTHER
351		-	RELIABLE SCIENTIFIC ADVISORY AUTHORITY;
	337	+	(IV) PROHIBIT THE USE OF NATURAL ORGANIC REDU CTION IN 1
	338	+	ANY INSTANCE IN WHIC H THE HUMAN REMAINS ARE KNOWN , OR REASONABLY 2
	339	+	SUSPECTED, TO BE EMBALMED OR TO HAVE AN INFECTION , DISEASE, OR 3
	340	+	BIOLOGICAL CONDITION THAT RENDERS THE PRO CESS OF NATURAL ORGA NIC 4
	341	+	REDUCTION OR THE RES ULTING SOIL REMAINS UNREASONABLY UNSAFE , 5
	342	+	INCLUDING: 6
352	343
353		-	2. RECORDING AND RETAIN ING THE RESULTS OF A N
354		-	ANALYSIS OF SAMPLES FROM THE SOIL REMAIN S CONDUCTED BY AN IN DEPENDENT
355		-	THIRD–PARTY LABORATORY TO IDENTIFY THE PRESENC E OF HEAVY METALS OR
356		-	MICROBIAL PATHOGENS ACCORDING TO THE A PPROPRIATE CONTAMINA TION
357		-	PARAMETERS FOR BIOSO LIDS SPECIFIED BY TH E U.S. ENVIRONMENTAL
358		-	PROTECTION AGENCY UNDER TITLE 40 C.F.R. PART 503, CHAPTER I,
359		-	SUBCHAPTER O;
	344	+	1. CREUTZFELDT –JAKOB DISEASE OR OTHE R PRION 7
	345	+	DISEASE; 8
360	346
361		-	3. CONDUCTING AN ANALYS IS FOR EACH PRODUCTI ON
362		-	OF SOIL REMAINS TO E NSURE THAT THE SOIL REMAINS CONTAIN LESS THA N 0.01
363		-	MG/KG DRY WEIGHT OF SPE CIFIC PHYSICAL CONTA MINANTS, WHICH MAY INCLUDE
364		-	INTACT BONE, DENTAL FILLINGS , AND MEDICAL IMPLANTS ;
	347	+	2. EBOLA VIRUS INFECTION ; 9
365	348
366		-	4. ENSURING THAT NO SOI L REMAINS ARE RELEAS ED
367		-	UNTIL THE SOIL REMAI NS COMPLY WITH EACH OF THE APPLICABLE
368		-	CONTAMINATION TESTIN G PARAMETERS ; AND
	349	+	3. MYCOBACTERIUM TUBERCU LOSIS INFECTION; 10
369	350
370		-	5. PERIODIC REPORTING O F TESTING RESULTS TO
371		-	APPROPRIATE STATE AND LOCAL HEALT H AUTHORITIES THAT H AVE REQUESTED
372		-	THE RESULTS; AND
	351	+	4. THE PRESENCE OF DIAG NOSTIC OR THERAPEUTI C 11
	352	+	RADIOISOTOPES ; OR 12
373	353
374		-	(VI) ESTABLISH ANY OTHER REASONABLE PROHIBITI ON, RULE,
375		-	OR REQUIREMENT THE DIRECTOR DETERMINES I S NECESSARY TO PROTE CT THE WES MOORE, Governor Ch. 600
	354	+	5. ANY OTHER INFECTION , DISEASE, OR BIOLOGICAL 13
	355	+	CONDITION IDENTIFIED BY THE DIRECTOR BASED ON THE REASONABLE 14
	356	+	RECOMMENDATION OF A FEDERAL, STATE, OR LOCAL HEALTH AUTH ORITY; 15
376	357
377		-	~~– 9 –~~
378		-	~~PUBLIC HEALTH AND SA FETY DURING~~ THE ~~PROC ESS~~ OF ~~NATURAL ORGAN IC~~
379		-	~~REDUCTION.~~
	358	+	(V) ESTABLISH A MANDATOR Y CONTAMINATION TEST ING 16
	359	+	PROGRAM FOR REDUCTIO N FACILITIES TO ENSU RE THE SAFETY OF SOI L REMAINS 17
	360	+	PRODUCED, INCLUDING THE FOLLOW ING MINIMUM PROGRAM ELEMENTS: 18
380	361
381		-	(b) Upon receipt of a written complaint, or at the discretion of the Director, the
382		-	Director or the Director’s designee may conduct an investigation and an inspection of the
383		-	records and site of a registered cemeterian, registered crematory operator, REGISTERED
384		-	REDUCTION OPERATOR , registered seller, permit holder, or any other person subject to
385		-	the registration or permit provisions of this title.
	362	+	1. COLLECTING ROUTINE M ATERIAL SAMPLES FROM 19
	363	+	SOIL REMAINS FOR ANA LYSIS USING: 20
386	364
387		-	(k) In conjunction with the State Board of Morticians and the Division of
388		-	Consumer Protection of the Office of the Attorney General, the Director shall publish a
389		-	consumer information pamphlet that describes:
	365	+	A. A RELIABLE SAMPLING METHODOLOGY ; AND 21
390	366
391		-	(1) the rights of consumers in the purchase of funeral, cemetery, [and]
392		-	crematory goods and services, AND NATURAL ORGANIC REDUCTION ; and
	367	+	B. AN APPROPRIATE FREQU ENCY OF SAMPLING , AS 22
	368	+	RECOMMENDED OR APPRO VED BY THE U.S. COMPOSTING COUNCIL OR ANOTHER 23
	369	+	RELIABLE SCIENTIFIC ADVISORY AUTHORITY; 24
393	370
394		-	(2) any other information that the Director considers reasonably necessary
395		-	to aid consumers.
	371	+	2. RECORDING AND RETAIN ING THE RESULTS OF A N 25
	372	+	ANALYSIS OF SAMPLES FROM THE SOIL REMAIN S CONDUCTED BY AN IN DEPENDENT 26
	373	+	THIRD–PARTY LABORATORY TO IDENTIFY THE PRESENC E OF HEAVY METALS OR 27
	374	+	MICROBIAL PATHOGENS ACCORDING TO THE A PPROPRIATE CONTAMINA TION 28
	375	+	PARAMETERS FOR BIOSO LIDS SPECIFIED BY TH E U.S. ENVIRONMENTAL 29
	376	+	PROTECTION AGENCY UNDER TITLE 40 C.F.R. PART 503, CHAPTER I, 30
	377	+	SUBCHAPTER O; 31
	378	+	HOUSE BILL 1168 9
396	379
397		-	5–301.
398	380
399		-	An individual shall register with the Office before:
	381	+	3. CONDUCTING AN ANALYS IS FOR EACH PRODUCTI ON 1
	382	+	OF SOIL REMAINS TO E NSURE THAT THE SOIL REMAINS CONTAIN LESS THA N 0.01 2
	383	+	MG/KG DRY WEIGHT OF SPE CIFIC PHYSICAL CONTA MINANTS, WHICH MAY INCLUDE 3
	384	+	INTACT BONE, DENTAL FILLINGS , AND MEDICAL IMPLANTS ; 4
400	385
401		-	(1) engaging in the operation of a cemetery [or], crematory, OR
402		-	REDUCTION FACILITY in this State; or
	386	+	4. ENSURING THAT NO SOI L REMAINS ARE RELEAS ED 5
	387	+	UNTIL THE SOIL REMAI NS COMPLY WITH EACH OF THE APPLICAB LE 6
	388	+	CONTAMINATION TESTIN G PARAMETERS ; AND 7
403	389
404		-	(2) providing burial goods in this State.
	390	+	5. PERIODIC REPORTING O F TESTING RESULTS TO 8
	391	+	APPROPRIATE STATE AND LOCAL HEALT H AUTHORITIES THAT H AVE REQUESTED 9
	392	+	THE RESULTS; AND 10
405	393
406		-	5–302.
	394	+	(VI) ESTABLISH ANY OTHER REASONABLE PROHIBITI ON, RULE, 11
	395	+	OR REQUIREMENT THE DIRECTOR DETERMINES IS N ECESSARY TO PROTECT THE 12
	396	+	PUBLIC HEALTH AND SA FETY DURING THE PROC ESS OF NATURAL ORGAN IC 13
	397	+	REDUCTION. 14
407	398
408		-	(a) In order to register, an applicant shall meet the requirements of this section.
	399	+	(b) Upon receipt of a written complaint, or at the discretion of the Director, the 15
	400	+	Director or the Director’s designee may conduct an investigation and an inspection of the 16
	401	+	records and site of a registered cemeterian, registered crematory operator, REGISTERED 17
	402	+	REDUCTION OPERATOR , registered seller, permit holder, or any other person subject to 18
	403	+	the registration or permit provisions of this title. 19
409	404
410		-	(b) The applicant must be at least 18 years old.
	405	+	(k) In conjunction with the State Board of Morticians and the Division of 20
	406	+	Consumer Protection of the Office of the Attorney General, the Director shall publish a 21
	407	+	consumer information pamphlet that describes: 22
411	408
412		-	(c) The applicant must be of good character and reputation.
	409	+	(1) the rights of consumers in the purchase of funeral, cemetery, [and] 23
	410	+	crematory goods and services, AND NATURAL ORGANIC REDUCTION ; and 24
413	411
414		-	(d) The ~~applicant must be affiliated with a cemetery, crematory, REDUCTION~~
415		-	~~FACILITY, or burial goods business operated by a registrant or permit holder~~.
	412	+	(2) any other information that the Director considers reasonably necessary 25
	413	+	to aid consumers. 26
416	414
417		-	(e) The cemetery, crematory, REDUCTION FACILITY , or burial goods business
418		-	with which the applicant is affiliated must be financially stable in accordance with § 5–304
419		-	of this subtitle.
	415	+	5–301. 27
420	416
421		-	~~5–303.~~
	417	+	An individual shall register with the Office before: 28
422	418
423		-	(a) An applicant shall register by: Ch. 600 2024 LAWS OF MARYLAND
	419	+	(1) engaging in the operation of a cemetery [or], crematory, OR 29
	420	+	REDUCTION FACILITY in this State; or 30
424	421
425		-	~~– 10 –~~
	422	+	(2) providing burial goods in this State. 31
426	423
427		-	~~(1) submitting to the Director an application on the form that the Director~~
428		-	~~provides; and~~
	424	+	5–302. 32
	425	+	10 HOUSE BILL 1168
429	426
430		-	(2) paying a nonrefundable application fee set by the Director.
431	427
432		-	(b) The ~~application shall state:~~
	428	+	(a) In order to register, an applicant shall meet the requirements of this section. 1
433	429
434		-	(1) the ~~name, date of birth,~~ ~~and residential address of the applicant;~~
	430	+	(b) The applicant must be at least 18 years old. 2
435	431
436		-	(2) the name and fixed address of the affiliated cemetery, crematory, or
437		-	burial goods business;
	432	+	(c) The applicant must be of good character and reputation. 3
438	433
439		-	(3) whether the cemetery, crematory, REDUCTION FACILITY , or burial
440		-	goods business with which the applicant is affiliated is owned or controlled by a sole
441		-	proprietor, partnership, limited liability company, or corporation;
	434	+	(d) The applicant must be affiliated with a cemetery, crematory, REDUCTION 4
	435	+	FACILITY, or burial goods business operated by a registrant or permit holder. 5
442	436
443		-	(4) if the applicant is designated as the responsible party, the name and
444		-	residential address of each employee who sells burial space, goods, or services to the public
445		-	for the business while engaging in the operation of a cemetery, crematory, REDUCTION
446		-	FACILITY, or burial goods business; and
	437	+	(e) The cemetery, crematory, REDUCTION FACILITY , or burial goods business 6
	438	+	with which the applicant is affiliated must be financially stable in accordance with § 5–304 7
	439	+	of this subtitle. 8
447	440
448		-	(5) any other reasonable information that the Director determines is
449		-	necessary to carry out this title.
	441	+	5–303. 9
450	442
451		-	~~5–306.~~
	443	+	(a) An applicant shall register by: 10
452	444
453		-	(a) ~~While a registration is in effect, it authorizes~~ the ~~registrant to engage in~~ the
454		-	~~operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business.~~
	445	+	(1) submitting to the Director an application on the form that the Director 11
	446	+	provides; and 12
455	447
456		-	~~5–308~~.
	448	+	(2) paying a nonrefundable application fee set by the Director. 13
457	449
458		-	Within 1 week after the effective date of the change, the applicant designated as the
459		-	responsible party or the registered responsible party shall submit to the Director an
460		-	application form that shows a change in the:
	450	+	(b) The application shall state: 14
461	451
462		-	(1) cemetery, crematory, REDUCTION FACILITY , or burial goods business
463		-	with which a registrant is affiliated;
	452	+	(1) the name, date of birth, and residential address of the applicant; 15
464	453
465		-	(2) individual designated as the responsible party;
	454	+	(2) the name and fixed address of the affiliated cemetery, crematory, or 16
	455	+	burial goods business; 17
466	456
467		-	(3) employees of the business who engage in the sale of burial space, goods,
468		-	or services or cremation to the public;
	457	+	(3) whether the cemetery, crematory, REDUCTION FACILITY , or burial 18
	458	+	goods business with which the applicant is affiliated is owned or controlled by a sole 19
	459	+	proprietor, partnership, limited liability company, or corporation; 20
469	460
470		-	(4) officers, directors, members, or agents of the permit holder; or
471		-	WES MOORE, Governor Ch. 600
	461	+	(4) if the applicant is designated as the responsible party, the name and 21
	462	+	residential address of each employee who sells burial space, goods, or services to the public 22
	463	+	for the business while engaging in the operation of a cemetery, crematory, REDUCTION 23
	464	+	FACILITY, or burial goods business; and 24
472	465
473		-	~~– 11 –~~
474		-	~~(5) name or address of the registrant or permit holder~~.
	466	+	(5) any other reasonable information that the Director determines is 25
	467	+	necessary to carry out this title. 26
475	468
476		-	5–~~310~~.
	469	+	5–306. 27
477	470
478		-	(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may
479		-	deny a registration or permit to an applicant, reprimand a person subject to the registration
480		-	or permit provisions of this title, or suspend or revoke a registration or permit if an
481		-	applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner
482		-	of the applicant, registrant, or permit holder:
	471	+	(a) While a registration is in effect, it authorizes the registrant to engage in the 28
	472	+	operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business. 29
	473	+	HOUSE BILL 1168 11
483	474
484		-	(1) fraudulently or deceptively obtains or attempts to obtain a registration
485		-	or permit;
486	475
487		-	~~(2) fraudulently or deceptively uses a registration or permit;~~
	476	+	5–308. 1
488	477
489		-	(3) under the laws of the United States or of any state, is convicted of a:
	478	+	Within 1 week after the effective date of the change, the applicant designated as the 2
	479	+	responsible party or the registered responsible party shall submit to the Director an 3
	480	+	application form that shows a change in the: 4
490	481
491		-	(i) felony; or
	482	+	(1) cemetery, crematory, REDUCTION FACILITY , or burial goods business 5
	483	+	with which a registrant is affiliated; 6
492	484
493		-	(ii) misdemeanor that is directly related to the fitness and
494		-	qualifications of the applicant, registrant, or permit holder to own or operate a cemetery
495		-	[or], crematory, OR REDUCTION FACILITY or provide burial goods;
	485	+	(2) individual designated as the responsible party; 7
496	486
497		-	(4) ~~fails to provide or misrepresents any information required to be~~
498		-	~~provided under this title~~;
	487	+	(3) employees of the business who engage in the sale of burial space, goods, 8
	488	+	or services or cremation to the public; 9
499	489
500		-	(5) ~~violates this title~~;
	490	+	(4) officers, directors, members, or agents of the permit holder; or 10
501	491
502		-	(6) ~~violates~~ the ~~code of ethics adopted by the Director;~~
	492	+	(5) name or address of the registrant or permit holder. 11
503	493
504		-	~~(7) violates a regulation adopted under this title;~~
	494	+	5–310. 12
505	495
506		-	(8) fails to provide reasonable and adequate supervision of the operation of
507		-	the cemetery [or], crematory, OR REDUCTION FACILIT Y or the provision of burial goods
508		-	by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory,
509		-	REDUCTION FACILITY , or burial goods business;
	496	+	(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may 13
	497	+	deny a registration or permit to an applicant, reprimand a person subject to the registration 14
	498	+	or permit provisions of this title, or suspend or revoke a registration or permit if an 15
	499	+	applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner 16
	500	+	of the applicant, registrant, or permit holder: 17
510	501
511		-	(9) refuses to allow an inspection required by this title;
	502	+	(1) fraudulently or deceptively obtains or attempts to obtain a registration 18
	503	+	or permit; 19
512	504
513		-	(10) ~~fails to comply with an order of the Director~~;
	505	+	(2) fraudulently or deceptively uses a registration or permit; 20
514	506
515		-	(11) fails to comply with any terms of settlement under a binding arbitration
516		-	agreement;
	507	+	(3) under the laws of the United States or of any state, is convicted of a: 21
517	508
518		-	(12) is found guilty by a court in this State of violating an unfair or deceptive
519		-	trade practices provision under Title 13 of the Commercial Law Article; or Ch. 600 2024 LAWS OF MARYLAND
	509	+	(i) felony; or 22
520	510
521		-	– 12 –
	511	+	(ii) misdemeanor that is directly related to the fitness and 23
	512	+	qualifications of the applicant, registrant, or permit holder to own or operate a cemetery 24
	513	+	[or], crematory, OR REDUCTION FACILITY or provide burial goods; 25
522	514
523		-	(13) fails to comply with § 5–513 of the Health – General Article.
	515	+	(4) fails to provide or misrepresents any information required to be 26
	516	+	provided under this title; 27
524	517
525		-	(b) (1) If a person is charged with a violation of this title that could result in
526		-	suspension or revocation of a registration or permit, the Director may seek an immediate
527		-	restraining order in a circuit court in this State to prohibit the person from engaging in the
528		-	operation of any cemetery, crematory, REDUCTION FACILITY , or burial goods business.
	518	+	(5) violates this title; 28
529	519
530		-	(2) The ~~restraining order is in effect until:~~
	520	+	(6) violates the code of ethics adopted by the Director; 29
531	521
532		-	(i) ~~the court lifts the order~~; or
	522	+	(7) violates a regulation adopted under this title; 30 12 HOUSE BILL 1168
533	523
534		-	(ii) the charges are adjudicated or dismissed.
535	524
536		-	5–401.
537	525
538		-	(a) ~~Subject~~ to ~~the provisions~~ of ~~this section,~~ ~~a registered cemeterian, registered~~
539		-	~~crematory operator~~, ~~REGISTERED REDUCTION OPERATOR~~, or ~~registered seller may~~
540		-	~~engage in the operation of~~ a cemetery, crematory, ~~REDUCTION FACILITY , or burial goods~~
541		-	~~business as a sole proprietor~~ or ~~through:~~
	526	+	(8) fails to provide reasonable and adequate supervision of the operation of 1
	527	+	the cemetery [or], crematory, OR REDUCTION FACILITY or the provision of burial goods 2
	528	+	by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory, 3
	529	+	REDUCTION FACILITY , or burial goods business; 4
542	530
543		-	(1) a corporation as an officer, director, employee, or agent of the
544		-	corporation;
	531	+	(9) refuses to allow an inspection required by this title; 5
545	532
546		-	(2) a limited liability company as a member, employee, or agent of the
547		-	limited liability company; or
	533	+	(10) fails to comply with an order of the Director; 6
548	534
549		-	(3) a partnership as a partner, employee, or agent of the partnership.
	535	+	(11) fails to comply with any terms of settlement under a binding arbitration 7
	536	+	agreement; 8
550	537
551		-	(b) Subject to the provisions of this title, a corporation, limited liability company,
552		-	or partnership may engage in the operation of a cemetery, crematory, REDUCTION
553		-	FACILITY, or burial goods business through a registered cemeterian, registered crematory
554		-	operator, REGISTERED REDUCTION OPERATOR, or registered seller.
	538	+	(12) is found guilty by a court in this State of violating an unfair or deceptive 9
	539	+	trade practices provision under Title 13 of the Commercial Law Article; or 10
555	540
556		-	(c) (1) A registered cemeterian who engages in the operation of a cemetery
557		-	through a corporation, limited liability company, or partnership under this title is subject
558		-	to all of the provisions of this title that relate to engaging in the operation of a cemetery.
	541	+	(13) fails to comply with § 5–513 of the Health – General Article. 11
559	542
560		-	(2) A ~~registered crematory operator who engages~~ in ~~the operation of a~~
561		-	~~crematory through~~ a ~~corporation, limited liability company,~~ or ~~partnership under this title~~
562		-	~~is subject~~ to ~~all of~~ the ~~provisions of this title that relate to~~ engaging in the ~~operation of a~~
563		-	crematory.
	543	+	(b) (1) If a person is charged with a violation of this title that could result in 12
	544	+	suspension or revocation of a registration or permit, the Director may seek an immediate 13
	545	+	restraining order in a circuit court in this State to prohibit the person from engaging in the 14
	546	+	operation of any cemetery, crematory, REDUCTION FACILITY , or burial goods business. 15
564	547
565		-	(3) A REGISTERED REDUCTION OPERATOR WHO ENGAGES IN THE
566		-	OPERATION OF A REDUC TION FACILITY THROUG H A CORPORATION , LIMITED WES MOORE, Governor Ch. 600
	548	+	(2) The restraining order is in effect until: 16
567	549
568		-	– 13 –
569		-	LIABILITY COMPANY, OR PARTNERSHIP UNDER THIS TITLE IS SUBJEC T TO ALL THE
570		-	PROVISIONS OF THIS T ITLE THAT RELATE TO ENGAGING IN THE OPER ATION OF A
571		-	REDUCTION FACILITY .
	550	+	(i) the court lifts the order; or 17
572	551
573		-	[(3)] (4) A registered seller who engages in the operation of a burial goods
574		-	business through a corporation, limited liability company, or partnership under this title is
575		-	subject to all of the provisions of this title that relate to providing burial goods services.
	552	+	(ii) the charges are adjudicated or dismissed. 18
576	553
577		-	(d) (1) A corporation, limited liability company, or partnership that engages in
578		-	the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business
579		-	under this title is not, by its compliance with this title, relieved of any responsibility that
580		-	the corporation, limited liability company, or partnership may have for an act or an
581		-	omission by its officer, director, member, partner, employee, or agent.
	554	+	5–401. 19
582	555
583		-	(2) An individual who engages in the operation of a cemetery, crematory,
584		-	REDUCTION FACILITY , or burial goods business through a corporation, limited liability
585		-	company, or partnership is not, by reason of the individual’s employment or other
586		-	relationship with the corporation, limited liability company, or partnership, relieved of any
587		-	individual responsibility that the individual may have regarding that practice.
	556	+	(a) Subject to the provisions of this section, a registered cemeterian, registered 20
	557	+	crematory operator, REGISTERED REDUCTION OPERATOR, or registered seller may 21
	558	+	engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods 22
	559	+	business as a sole proprietor or through: 23
588	560
589		-	5–402.
	561	+	(1) a corporation as an officer, director, employee, or agent of the 24
	562	+	corporation; 25
590	563
591		-	A corporation, limited liability company, or partnership shall obtain a permit issued
592		-	by the Director, before the corporation, limited liability company, or partnership may
593		-	engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods
594		-	business in the State.
	564	+	(2) a limited liability company as a member, employee, or agent of the 26
	565	+	limited liability company; or 27
595	566
596		-	~~5–403~~.
	567	+	(3) a partnership as a partner, employee, or agent of the partnership. 28
597	568
598		-	To qualify for a permit, a corporation, limited liability company, or partnership shall:
	569	+	(b) Subject to the provisions of this title, a corporation, limited liability company, 29
	570	+	or partnership may engage in the operation of a cemetery, crematory, REDUCTION 30 HOUSE BILL 1168 13
599	571
600		-	(1) designate a separate registered cemeterian, registered crematory
601		-	operator, REGISTERED REDUCTION OPERATOR, or registered seller as the responsible
602		-	party for the operations of each affiliated cemetery, crematory, REDUCTION FACILITY , or
603		-	burial goods business;
604	572
605		-	~~(2) provide the name and~~ business ~~address of each affiliated cemetery~~,
606		-	~~crematory~~, REDUCTION ~~FACILITY~~ , or ~~burial goods business;~~
	573	+	FACILITY, or burial goods business through a registered cemeterian, registered crematory 1
	574	+	operator, REGISTERED REDUCTION OPERATOR, or registered seller. 2
607	575
608		-	(3) provide a list of the officers, directors, members, partners, agents, and
609		-	employees of the entity applying for the permit; and
	576	+	(c) (1) A registered cemeterian who engages in the operation of a cemetery 3
	577	+	through a corporation, limited liability company, or partnership under this title is subject 4
	578	+	to all of the provisions of this title that relate to engaging in the operation of a cemetery. 5
610	579
611		-	(4) comply with §§ 5–303(b)(4) and 5–304 of this title.
	580	+	(2) A registered crematory operator who engages in the operation of a 6
	581	+	crematory through a corporation, limited liability company, or partnership under this title 7
	582	+	is subject to all of the provisions of this title that relate to engaging in the operation of a 8
	583	+	crematory. 9
612	584
613		-	5–803.
614		-	Ch. 600 2024 LAWS OF MARYLAND
	585	+	(3) A REGISTERED REDUCTION OPERATOR WHO ENGAGES IN THE 10
	586	+	OPERATION OF A REDUC TION FACILITY THROUG H A CORPORATION , LIMITED 11
	587	+	LIABILITY COMPANY , OR PARTNERSHIP UNDER THIS TITLE IS SUBJECT TO ALL TH E 12
	588	+	PROVISIONS OF THIS T ITLE THAT RELATE TO ENGAGING IN THE OPER ATION OF A 13
	589	+	REDUCTION FACILITY . 14
615	590
616		-	– 14 –
617		-	(a) (1) In this section the following words have the meanings indicated.
	591	+	[(3)] (4) A registered seller who engages in the operation of a burial goods 15
	592	+	business through a corporation, limited liability company, or partnership under this title is 16
	593	+	subject to all of the provisions of this title that relate to providing burial goods services. 17
618	594
619		-	(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried
620		-	child under the age of 21 years, or a veteran’s unmarried adult child who before the age of
621		-	21 became permanently incapable of self–support because of physical or mental disability.
	595	+	(d) (1) A corporation, limited liability company, or partnership that engages in 18
	596	+	the operation of a cemetery, crematory, REDUCTION FACILITY, or burial goods business 19
	597	+	under this title is not, by its compliance with this title, relieved of any responsibility that 20
	598	+	the corporation, limited liability company, or partnership may have for an act or an 21
	599	+	omission by its officer, director, member, partner, employee, or agent. 22
622	600
623		-	(3) (i) “Identifying information” means data required by a veterans
624		-	service organization to verify the eligibility of a veteran or an eligible dependent for burial
625		-	in a national or state veterans cemetery.
	601	+	(2) An individual who engages in the operation of a cemetery, crematory, 23
	602	+	REDUCTION FACILITY , or burial goods business through a corporation, limited liability 24
	603	+	company, or partnership is not, by reason of the individual’s employment or other 25
	604	+	relationship with the corporation, limited liability company, or partnership, relieved of any 26
	605	+	individual responsibility that the individual may have regarding that practice. 27
626	606
627		-	(ii) “Identifying information” includes name, service number, Social
628		-	Security number, date of birth, date of death, place of birth, and copy of the death
629		-	certificate.
	607	+	5–402. 28
630	608
631		-	(4) “Veteran” has the meaning stated in § 9–901 of the State Government
632		-	Article.
	609	+	A corporation, limited liability company, or partnership shall obtain a permit issued 29
	610	+	by the Director, before the corporation, limited liability company, or partnership may 30
	611	+	engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods 31
	612	+	business in the State. 32
633	613
634		-	(5) “Veterans service organization” means an association or other entity
635		-	organized for the benefit of veterans that has been recognized by the U.S. Department of
636		-	Veterans Affairs or chartered by Congress and any employee or representative of the
637		-	association or entity.
	614	+	5–403. 33
638	615
639		-	(b) (1) If a licensed funeral establishment or a crematory is in possession of
640		-	cremated human remains OR HYDROLYZED REMAIN S that have been unclaimed for 90
641		-	days or more, the licensed funeral establishment or holder of the permit for the business of
642		-	operating a crematory shall provide identifying information of the unclaimed cremains OR
643		-	HYDROLYZED REMAINS to a veterans service organization in order for the veterans
644		-	service organization to determine if the unclaimed cremains OR HYDROLYZED REMAIN S
645		-	are those of a veteran or an eligible dependent.
	616	+	To qualify for a permit, a corporation, limited liability company, or partnership shall: 34
	617	+	14 HOUSE BILL 1168
646	618
647		-	(2) (I) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT APPLY
648		-	IF:
649	619
650		-	1. AN AUTHORIZING AGENT DIRECTS OTHERWISE ; OR
	620	+	(1) designate a separate registered cemeterian, registered crematory 1
	621	+	operator, REGISTERED REDUCTION OPERATOR, or registered seller as the responsible 2
	622	+	party for the operations of each affiliated cemetery, crematory, REDUCTION FACILITY , or 3
	623	+	burial goods business; 4
651	624
652		-	2. A LICENSED FUNERAL EST ABLISHMENT OR
653		-	REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIFYING
654		-	INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR
655		-	DISPOSITION BENEFITS ASSOCIATED WITH VETE RANS STATUS.
	625	+	(2) provide the name and business address of each affiliated cemetery, 5
	626	+	crematory, REDUCTION FACILITY , or burial goods business; 6
656	627
657		-	(II) A LICENSED FUNERAL EST ABLISHMENT OR REDUCTION
658		-	FACILITY IN POSSESSI ON OF HUMAN REMAINS THAT ARE BEING PROCE SSED BY
659		-	NATURAL ORGANIC REDU CTION SHALL PROVIDE IDENTIFYING INFORMAT ION TO A
660		-	VETERANS SERVICE ORG ANIZATION WITHIN 5 BUSINESS DAYS AFTER NATURAL WES MOORE, Governor Ch. 600
	628	+	(3) provide a list of the officers, directors, members, partners, agents, and 7
	629	+	employees of the entity applying for the permit; and 8
661	630
662		-	– 15 –
663		-	ORGANIC REDUCTION IS INITIATED TO DETERMI NE IF THE SOIL REMAI NS ARE
664		-	THOSE OF A VETERAN O R AN ELIGIBLE DEPEND ENT.
	631	+	(4) comply with §§ 5–303(b)(4) and 5–304 of this title. 9
665	632
666		-	(c) Within 45 days after receipt of the information required by subsection (b) of
667		-	this section, the veterans service organization shall notify the licensed funeral
668		-	establishment [or], permit holder, OR REDUCTION FACILIT Y:
	633	+	5–803. 10
669	634
670		-	(1) whether the cremains, HYDROLYZED REMAINS , OR SOIL REMAINS
671		-	are those of a veteran or an eligible dependent; and
	635	+	(a) (1) In this section the following words have the meanings indicated. 11
672	636
673		-	(2) if so, whether the veteran or eligible dependent is eligible for burial in
674		-	a veterans cemetery.
	637	+	(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried 12
	638	+	child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 13
	639	+	21 became permanently incapable of self–support because of physical or mental disability. 14
675	640
676		-	(d) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a veteran
677		-	or an eligible dependent, the licensed funeral establishment or permit holder may transfer
678		-	the cremains to a veterans service organization for the purpose of disposition of the
679		-	cremains OR HYDROLYZED REMAIN S.
	641	+	(3) (i) “Identifying information” means data required by a veterans 15
	642	+	service organization to verify the eligibility of a veteran or an eligible dependent for burial 16
	643	+	in a national or state veterans cemetery. 17
680	644
681		-	(E) ~~IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN O R AN~~
682		-	~~ELIGIBLE DEPENDENT~~ , THE ~~LICENSED FUNERAL EST ABLISHMENT OR REDUCTION~~
683		-	~~FACILITY MAY:~~
	645	+	(ii) “Identifying information” includes name, service number, Social 18
	646	+	Security number, date of birth, date of death, place of birth, and copy of the death 19
	647	+	certificate. 20
684	648
685		-	(1) TRANSFER A PORTION O F THE SOIL REMAINS N OT EXCEEDING 300
686		-	CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION TH AT GRANTS
687		-	PERMISSION FOR THE PURPOSE OF DISPO SITION; AND
	649	+	(4) “Veteran” has the meaning stated in § 9–901 of the State Government 21
	650	+	Article. 22
688	651
689		-	(2) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER THE
690		-	BALANCE OF SOIL REMA INS TO A CEMETERY OR THE OWNER OF A WOODL AND
691		-	PROTECTED UNDER THE FOREST CONSERVATION ACT.
	652	+	(5) “Veterans service organization” means an association or other entity 23
	653	+	organized for the benefit of veterans that has been recognized by the U.S. Department of 24
	654	+	Veterans Affairs or chartered by Congress and any employee or representative of the 25
	655	+	association or entity. 26
692	656
693		-	5–901.
	657	+	(b) (1) If a licensed funeral establishment or a crematory is in possession of 27
	658	+	cremated human remains OR HYDROLYZED REMAIN S that have been unclaimed for 90 28
	659	+	days or more, the licensed funeral establishment or holder of the permit for the business of 29
	660	+	operating a crematory shall provide identifying information of the unclaimed cremains OR 30
	661	+	HYDROLYZED REMAINS to a veterans service organization in order for the veterans 31
	662	+	service organization to determine if the unclaimed cremains OR HYDROLYZED REMAIN S 32
	663	+	are those of a veteran or an eligible dependent. 33
	664	+	HOUSE BILL 1168 15
694	665
695		-	(D) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITLE, AN INDIVIDUAL MAY
696		-	NOT ENGAGE IN THE OP ERATION OF A REDUCTI ON FACILITY, ATTEMPT TO ENGAGE
697		-	IN THE OPERATION OF A REDUCTION FACILITY , OR PROVIDE OR OFFER TO PROVIDE
698		-	NATURAL ORGANIC REDU CTION UNLESS THE IND IVIDUAL IS A REGISTE RED
699		-	REDUCTION OPERATOR .
700	666
701		-	5–902.
	667	+	(2) (I) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT APPLY 1
	668	+	IF: 2
702	669
703		-	Except for a registered cemeterian, registered crematory operator, REGISTERED
704		-	REDUCTION OPERATOR , or registered seller who operates a business as a sole proprietor
705		-	or a registrant employed by a sole proprietor, a person may not engage in the operation of
706		-	a cemetery, crematory, REDUCTION FACILITY , or burial goods business unless:
707		-	Ch. 600 2024 LAWS OF MARYLAND
	670	+	1. AN AUTHORIZING AGENT DIRECTS OTHERWISE ; OR 3
708	671
709		-	– 16 –
710		-	(1) the business is a corporation, limited liability company, or partnership;
711		-	and
	672	+	2. A LICENSED FUNERAL EST ABLISHMENT OR 4
	673	+	REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING 5
	674	+	INFORMATION OR OTHER EVIDENCE THAT A DECEDENT DOES NOT QU ALIFY FOR 6
	675	+	DISPOSITION BENEFITS ASSOCIATED WITH VETE RANS STATUS. 7
712	676
713		-	(2) the corporation, limited liability company, or partnership holds a
714		-	permit issued under this title.
	677	+	(II) A LICENSED FUNERAL EST ABLISHMENT OR REDUCTION 8
	678	+	FACILITY IN POSSESSI ON OF HUMAN REMAINS THAT ARE BEING PROCE SSED BY 9
	679	+	NATURAL ORGANIC REDU CTION SHALL PROVIDE IDENTIFYING INFORMATION TO A 10
	680	+	VETERANS SERVICE ORG ANIZATION WITHIN 5 BUSINESS DAYS AFTER NATURAL 11
	681	+	ORGANIC REDUCTION IS INITIATED TO DETERMI NE IF THE SOIL REMAI NS ARE 12
	682	+	THOSE OF A VETERAN O R AN ELIGIBLE DEPEND ENT. 13
715	683
716		-	5–903.
	684	+	(c) Within 45 days after receipt of the information required by subsection (b) of 14
	685	+	this section, the veterans service organization shall notify the licensed funeral 15
	686	+	establishment [or], permit holder, OR REDUCTION FACILIT Y: 16
717	687
718		-	Unless a person is authorized as a registrant, a person may not represent to the
719		-	public, by use of a title, including cemeterian, registered cemeterian, crematory operator,
720		-	registered crematory operator, REGISTERED REDUCTION OPERATOR, burial goods seller,
721		-	or registered seller, by description of services, methods, or procedures, or otherwise, that
722		-	the person is authorized to engage in the operation of a cemetery [or], crematory, OR
723		-	REDUCTION FACILITY or provide burial goods.
	688	+	(1) whether the cremains, HYDROLYZED REMAINS , OR SOIL REMAINS 17
	689	+	are those of a veteran or an eligible dependent; and 18
724	690
725		-	Article – Health – General
	691	+	(2) if so, whether the veteran or eligible dependent is eligible for burial in 19
	692	+	a veterans cemetery. 20
726	693
727		-	5–502.
	694	+	(d) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a veteran 21
	695	+	or an eligible dependent, the licensed funeral establishment or permit holder may transfer 22
	696	+	the cremains to a veterans service organization for the purpose of disposition of the 23
	697	+	cremains OR HYDROLYZED REMAIN S. 24
728	698
729		-	(a) This section does not apply to the disposition of a body by a school of medicine
730		-	or dentistry.
	699	+	(E) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR AN 25
	700	+	ELIGIBLE DEPENDENT , THE LICENSED FUNERAL ESTABLI SHMENT OR REDUCTION 26
	701	+	FACILITY MAY: 27
731	702
732		-	(b) ~~Except as otherwise provided in this section,~~ a ~~person may not cremate OR~~
733		-	~~INITIATE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION OF~~ a ~~body until~~
734		-	~~it has been identified by:~~
	703	+	(1) TRANSFER A PORTION O F THE SOIL REMAINS N OT EXCEEDING 300 28
	704	+	CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION TH AT GRANTS 29
	705	+	PERMISSION FOR THE P URPOSE OF DISPOSITIO N; AND 30
735	706
736		-	(1) The next of kin;
	707	+	(2) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER THE 31
	708	+	BALANCE OF SOIL REMA INS TO A CEMETERY OR THE OWNER OF A WOODL AND 32
	709	+	PROTECTED UNDER THE FOREST CONSERVATION ACT. 33
737	710
738		-	(2) A person who is authorized to arrange for final disposition of the body
739		-	under §§ 5–508 through 5–512 of this subtitle; or
	711	+	5–901. 34 16 HOUSE BILL 1168
740	712
741		-	(3) A medical examiner.
742	713
743		-	(c) If a person who is authorized to arrange for final disposition of a body is not
744		-	available to identify the body and authorize cremation, REDUCTION BY ALKALIN E
745		-	HYDROLYSIS, OR NATURAL ORGANIC R EDUCTION, that person may delegate that
746		-	authority to another person by sending to the delegate an electronic communication that
747		-	contains the name, address, and relationship of the sender to the deceased and the name
748		-	and address of the individual to whom authority is delegated. Written authorization shall
749		-	follow by mail but does not take precedence over the electronic communication authorizing
750		-	the identification and cremation.
751	714
752		-	5–503.
753		-	WES MOORE, Governor Ch. 600
	715	+	(D) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, AN INDIVIDUAL MAY 1
	716	+	NOT ENGAGE IN THE OPERATION OF A REDUC TION FACILITY, ATTEMPT TO ENGAGE 2
	717	+	IN THE OPERATION OF A REDUCTION FACILITY , OR PROVIDE OR OFFER TO PROVIDE 3
	718	+	NATURAL ORGANIC REDU CTION UNLESS THE IND IVIDUAL IS A REGISTE RED 4
	719	+	REDUCTION OPERATOR . 5
754	720
755		-	– 17 –
756		-	A person may not cremate OR INITIATE ALKALINE HYDROLYSIS OR NATURA L
757		-	ORGANIC REDUCTION OF a body until at least 12 hours after death.
	721	+	5–902. 6
758	722
759		-	5–504.
	723	+	Except for a registered cemeterian, registered crematory operator, REGISTERED 7
	724	+	REDUCTION OPERATOR , or registered seller who operates a business as a sole proprietor 8
	725	+	or a registrant employed by a sole proprietor, a person may not engage in the operation of 9
	726	+	a cemetery, crematory, REDUCTION FAC ILITY, or burial goods business unless: 10
760	727
761		-	A ~~person may not transport a body to a crematory~~ OR ~~REDUCTION FACILIT Y~~
762		-	~~without using a cot~~ and ~~pouch or receptacle.~~
	728	+	(1) the business is a corporation, limited liability company, or partnership; 11
	729	+	and 12
763	730
764		-	5–508.
	731	+	(2) the corporation, limited liability company, or partnership holds a 13
	732	+	permit issued under this title. 14
765	733
766		-	~~(a) In this subtitle the following words have the meanings indicated~~.
	734	+	5–903. 15
767	735
768		-	(B) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
769		-	BUSINESS REGULATION ARTICLE.
	736	+	Unless a person is authorized as a registrant, a person may not represent to the 16
	737	+	public, by use of a title, including cemeterian, registered cemeterian, crematory operator, 17
	738	+	registered crematory operator, REGISTERED REDUCTION OPERATOR, burial goods seller, 18
	739	+	or registered seller, by description of services, methods, or procedures, or otherwise, that 19
	740	+	the person is authorized to engage in the operation of a cemetery [or], crematory, OR 20
	741	+	REDUCTION FACILITY or provide burial goods. 21
770	742
771		-	[(b)] (C) “Authorizing agent” means the individual who has legal authority to
772		-	arrange for and make decisions regarding the final disposition of a dead human body,
773		-	including by cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGA NIC REDUCTION .
	743	+	Article – Health – General 22
774	744
775		-	[(c)] (D) “Cremation” means the disposition of a dead human body by means of
776		-	incineration.
	745	+	5–502. 23
777	746
778		-	~~[(d)]~~ (E) ~~“Crematory” [is~~ a ~~building in which cremations are performed]~~ ~~HAS~~
779		-	~~THE MEANING STATED I N § 5–101 OF THE BUSINESS REGULATION ARTICLE~~.
	747	+	(a) This section does not apply to the disposition of a body by a school of medicine 24
	748	+	or dentistry. 25
780	749
781		-	[(e)] (F) “Decedent” means a dead human being.
	750	+	(b) Except as otherwise provided in this section, a person may not cremate OR 26
	751	+	INITIATE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION OF a body until 27
	752	+	it has been identified by: 28
782	753
783		-	(G) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN §
784		-	5–101 OF THE BUSINESS REGULATION ARTICLE.
	754	+	(1) The next of kin; 29
785	755
786		-	~~[(f)]~~ (H) ~~“Practitioner” means~~ a person who is ~~licensed by~~ the ~~State as a funeral~~
787		-	~~director, mortician,~~ or ~~surviving spouse licensee to practice mortuary science.~~
	756	+	(2) A person who is authorized to arrange for final disposition of the body 30
	757	+	under §§ 5–508 through 5–512 of this subtitle; or 31
788	758
789		-	[(g)] (I) “Pre–need contract” means an agreement prior to the time of death
790		-	between a consumer and a practitioner to provide any goods and services regarding the
791		-	final disposition of a dead human body.
	759	+	(3) A medical examiner. 32 HOUSE BILL 1168 17
792	760
793		-	(J) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE
794		-	BUSINESS REGULATION ARTICLE.
795	761
796		-	(K) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
797		-	BUSINESS REGULATION ARTICLE.
798	762
799		-	5–511.
800		-	Ch. 600 2024 LAWS OF MARYLAND
	763	+	(c) If a person who is authorized to arrange for final disposition of a body is not 1
	764	+	available to identify the body and authorize cremation, REDUCTION BY ALKALIN E 2
	765	+	HYDROLYSIS, OR NATURAL ORGANIC R EDUCTION, that person may delegate that 3
	766	+	authority to another person by sending to the delegate an electronic communication that 4
	767	+	contains the name, address, and relationship of the sender to the deceased and the name 5
	768	+	and address of the individual to whom authority is delegated. Written authorization shall 6
	769	+	follow by mail but does not take precedence over the electronic communication authorizing 7
	770	+	the identification and cremation. 8
801	771
802		-	– 18 –
803		-	(a) A practitioner and an operator of a crematory OR REDUCTION FACILITY may
804		-	rely on the representations made by an authorizing agent and are not guarantors of the
805		-	reliability of those representations.
	772	+	5–503. 9
806	773
807		-	(b) A practitioner and an operator of a crematory OR REDUCTION FACILIT Y have
808		-	no responsibility to contact or to independently investigate the existence of any next of kin
809		-	of the decedent.
	774	+	A person may not cremate OR INITIATE ALKALINE HYDROLYSIS OR NATURA L 10
	775	+	ORGANIC REDUCTION OF a body until at least 12 hours after death. 11
810	776
811		-	5–~~512~~.
	777	+	5–504. 12
812	778
813		-	(a) A practitioner or an operator of a crematory OR REDUCTION FACILIT Y may
814		-	not require an authorizing agent to obtain appointment as personal representative of the
815		-	decedent’s estate as a condition precedent to making final arrangements or authorizing
816		-	cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION of a decedent.
	779	+	A person may not transport a body to a crematory OR REDUCTION FACILIT Y 13
	780	+	without using a cot and pouch or receptacle. 14
817	781
818		-	(b) A person may not authorize cremation, ALKALINE HYDROLYSIS , OR
819		-	NATURAL ORGANIC REDU CTION when a decedent has left instructions in a document that
820		-	the decedent does not wish to be cremated OR BE SUBJECT TO ALK ALINE HYDROLYSIS
821		-	OR NATURAL ORGANIC R EDUCTION.
	782	+	5–508. 15
822	783
823		-	~~5–513~~.
	784	+	(a) In this subtitle the following words have the meanings indicated. 16
824	785
825		-	(a) On taking custody of the body of a decedent in accordance with all
826		-	authorizations required by law, a funeral establishment [or], crematory, OR REDUCTION
827		-	FACILITY shall maintain the body in a manner that provides for complete coverage of the
828		-	body and prevents leakage or spillage except during:
	786	+	(B) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 17
	787	+	BUSINESS REGULATION ARTICLE. 18
829	788
830		-	(1) Identification, embalming, or preparation of an unembalmed body for
831		-	final disposition;
	789	+	[(b)] (C) “Authorizing agent” means the individual who has legal authority to 19
	790	+	arrange for and make decisions regarding the final disposition of a dead human body, 20
	791	+	including by cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC REDUCTION . 21
832	792
833		-	(2) ~~Restoration and dressing~~ of a body ~~in preparation for final disposition;~~
834		-	~~[and]~~
	793	+	[(c)] (D) “Cremation” means the disposition of a dead human body by means of 22
	794	+	incineration. 23
835	795
836		-	(3) IF APPLICABLE, PLACEMENT INSIDE A CONTAINED CHAMBER OR
837		-	VESSEL WITHOUT AN EX TERNAL VISUAL EXPOSU RE DURING THE PROCES S OF
838		-	ALKALINE HYDROLYSIS OR NATURAL ORGANIC R EDUCTION; AND
	796	+	[(d)] (E) “Crematory” [is a building in which cremations are performed] HAS 24
	797	+	THE MEANING STATED I N § 5–101 OF THE BUSINESS REGULATION ARTICLE. 25
839	798
840		-	[(3)] (4) ~~Viewing during~~ a ~~visitation or funeral service~~.
	799	+	[(e)] (F) “Decedent” means a dead human being. 26
841	800
842		-	(b) If the unembalmed body of a decedent is to be stored for more than 48 hours
843		-	before final disposition, a funeral establishment [or], crematory, OR REDUCTION
844		-	FACILITY shall maintain the body with refrigeration and at a temperature determined by
845		-	regulation.
846		-	WES MOORE, Governor Ch. 600
	801	+	(G) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN § 27
	802	+	5–101 OF THE BUSINESS REGULATION ARTICLE. 28
847	803
848		-	– 19 –
849		-	(c) (1) If a funeral establishment [or], crematory, OR REDUCTION FACILIT Y
850		-	cannot secure the body of a decedent or cannot store the body as required in subsection (b)
851		-	of this section due to an unforeseen circumstance, the funeral establishment [or],
852		-	crematory, OR REDUCTION FACILIT Y shall notify the State Board of Morticians and
853		-	Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange
854		-	for the final disposition of the body under § 5–509 of this subtitle.
	804	+	[(f)] (H) “Practitioner” means a person who is licensed by the State as a funeral 29
	805	+	director, mortician, or surviving spouse licensee to practice mortuary science. 30
	806	+	18 HOUSE BILL 1168
855	807
856		-	(2) The notification required under paragraph (1) of this subsection shall:
857	808
858		-	(i) Be made within 24 hours after the occurrence of the unforeseen
859		-	circumstance; and
	809	+	[(g)] (I) “Pre–need contract” means an agreement prior to the time of death 1
	810	+	between a consumer and a practitioner to provide any goods and services regarding the 2
	811	+	final disposition of a dead human body. 3
860	812
861		-	(ii) ~~Include~~ the ~~name and location~~ of the ~~facility where the body is~~
862		-	~~being transferred,~~ ~~the reason for the transfer, and the method of storage~~.
	813	+	(J) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE 4
	814	+	BUSINESS REGULATION ARTICLE. 5
863	815
864		-	(d) The body of a decedent may not be embalmed or artificially preserved without:
	816	+	(K) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 6
	817	+	BUSINESS REGULATION ARTICLE. 7
865	818
866		-	(1) The express permission of the person authorized to arrange for the final
867		-	disposition of the body under § 5–509 of this subtitle; or
	819	+	5–511. 8
868	820
869		-	(2) A court order.
	821	+	(a) A practitioner and an operator of a crematory OR REDUCTION FACILIT Y may 9
	822	+	rely on the representations made by an authorizing agent and are not guarantors of the 10
	823	+	reliability of those representations. 11
870	824
871		-	(e) A funeral establishment [or], crematory, OR REDUCTION FACILIT Y shall
872		-	store the body of a decedent until final disposition at:
	825	+	(b) A practitioner and an operator of a crematory OR REDUCTION FACILITY have 12
	826	+	no responsibility to contact or to independently investigate the existence of any next of kin 13
	827	+	of the decedent. 14
873	828
874		-	(1) A funeral establishment licensed under Title 7 of the Health
875		-	Occupations Article;
	829	+	5–512. 15
876	830
877		-	(2) A crematory OR REDUCTION FACILIT Y licensed under Title 7 of the
878		-	Health Occupations Article;
	831	+	(a) A practitioner or an operator of a crematory OR REDUCTION FACILIT Y may 16
	832	+	not require an authorizing agent to obtain appointment as personal representative of the 17
	833	+	decedent’s estate as a condition precedent to making final arrangements or authorizing 18
	834	+	cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION of a decedent. 19
879	835
880		-	(3) A crematory OR REDUCTION FACILIT Y permitted under Title 5 of the
881		-	Business Regulation Article; or
	836	+	(b) A person may not authorize cremation, ALKALINE HYDROLYSIS , OR 20
	837	+	NATURAL ORGANIC REDU CTION when a decedent has left instructions in a document that 21
	838	+	the decedent does not wish to be cremated OR BE SUBJECT TO ALK ALINE HYDROLYSIS 22
	839	+	OR NATURAL ORGANIC R EDUCTION. 23
882	840
883		-	(4) Another facility that has passed an inspection with the State Board of
884		-	Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2
885		-	years.
	841	+	5–513. 24
886	842
887		-	(f) A funeral establishment, crematory, REDUCTION FACILITY , or
888		-	transportation service may not transport or store the body of a decedent together with
889		-	animal remains in the same confined space.
	843	+	(a) On taking custody of the body of a decedent in accordance with all 25
	844	+	authorizations required by law, a funeral establishment [or], crematory, OR REDUCTION 26
	845	+	FACILITY shall maintain the body in a manner that provides for complete coverage of the 27
	846	+	body and prevents leakage or spillage except during: 28
890	847
891		-	(g) (1) Except as provided in paragraph (2) of this subsection, while the body
892		-	of a decedent is in the custody of a funeral establishment [or], crematory, OR REDUCTION
893		-	FACILITY in the State, the body may not be transported for preparation or storage to a Ch. 600 2024 LAWS OF MARYLAND
	848	+	(1) Identification, embalming, or preparation of an unembalmed body for 29
	849	+	final disposition; 30
894	850
895		-	~~– 20 –~~
896		-	~~facility that is not within the jurisdiction of the State, licensed by the State Board of~~
897		-	~~Morticians and Funeral Directors,~~ ~~or permitted by the Office of Cemetery Oversight.~~
	851	+	(2) Restoration and dressing of a body in preparation for final disposition; 31
	852	+	[and] 32
	853	+	HOUSE BILL 1168 19
898	854
899		-	(2) The body of a decedent may be transported for preparation or storage
900		-	to a facility that is not within the jurisdiction of the State, licensed by the State Board of
901		-	Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if:
902	855
903		-	(i) ~~The facility has entered into~~ a ~~written agreement with the State~~
904		-	~~Board~~ of ~~Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the~~
905		-	~~State to make unannounced inspections of the facility~~; and
	856	+	(3) IF APPLICABLE, PLACEMENT INSIDE A C ONTAINED CHAMBER OR 1
	857	+	VESSEL WITHOUT AN EX TERNAL VISUAL EXPOSU RE DURING THE PROCES S OF 2
	858	+	ALKALINE HYDROLYSIS OR NATURAL ORGANIC R EDUCTION; AND 3
906	859
907		-	(ii) The person authorized to arrange for the final disposition of the
908		-	body under § 5–509 of this subtitle:
	860	+	[(3)] (4) Viewing during a visitation or funeral service. 4
909	861
910		-	1. Has given written permission for the body to be
911		-	transported to the facility; or
	862	+	(b) If the unembalmed body of a decedent is to be stored for more than 48 hours 5
	863	+	before final disposition, a funeral establishment [or], crematory, OR REDUCTION 6
	864	+	FACILITY shall maintain the body with refrigeration and at a temperature determined by 7
	865	+	regulation. 8
912	866
913		-	2. A. Has given oral permission for the body to be
914		-	transported to the facility; and
	867	+	(c) (1) If a funeral establishment [or], crematory, OR REDUCTION FACILITY 9
	868	+	cannot secure the body of a decedent or cannot store the body as required in subsection (b) 10
	869	+	of this section due to an unforeseen circumstance, the funeral establishment [or], 11
	870	+	crematory, OR REDUCTION FACILIT Y shall notify the State Board of Morticians and 12
	871	+	Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange 13
	872	+	for the final disposition of the body under § 5–509 of this subtitle. 14
915	873
916		-	B. Within 36 hours after giving oral permission, provides
917		-	written verification of the oral permission.
	874	+	(2) The notification required under paragraph (1) of this subsection shall: 15
918	875
919		-	5–514.
	876	+	(i) Be made within 24 hours after the occurrence of the unforeseen 16
	877	+	circumstance; and 17
920	878
921		-	(a) An individual may not bury or dispose of a body except:
	879	+	(ii) Include the name and location of the facility where the body is 18
	880	+	being transferred, the reason for the transfer, and the method of storage. 19
922	881
923		-	(1) In a ~~family burial plot~~ or ~~other area allowed by a local ordinance;~~
	882	+	(d) The body of a decedent may not be embalmed or artificially preserved without: 20
924	883
925		-	(2) In a crematory;
	884	+	(1) The express permission of the person authorized to arrange for the final 21
	885	+	disposition of the body under § 5–509 of this subtitle; or 22
926	886
927		-	(3) In a ~~cemetery;~~
	887	+	(2) A court order. 23
928	888
929		-	(4) IN A REDUCTION FACILI TY;
	889	+	(e) A funeral establishment [or], crematory, OR REDUCTION FACILIT Y shall 24
	890	+	store the body of a decedent until final disposition at: 25
930	891
931		-	(5) By donating the body to medical science; or
	892	+	(1) A funeral establishment licensed under Title 7 of the Health 26
	893	+	Occupations Article; 27
932	894
933		-	~~[(5)]~~ (6) ~~By removing~~ the ~~body to another state for final disposition in~~
934		-	~~accordance with the laws of the other state.~~
	895	+	(2) A crematory OR REDUCTION FACILIT Y licensed under Title 7 of the 28
	896	+	Health Occupations Article; 29
935	897
936		-	(B) A PERSON MAY NOT USE O R DISPOSE OF SOIL REMAINS PROD UCED BY
937		-	NATURAL ORGANIC REDU CTION:
	898	+	(3) A crematory OR REDUCTION FACILIT Y permitted under Title 5 of the 30
	899	+	Business Regulation Article; or 31
	900	+	20 HOUSE BILL 1168
938	901
939		-	(1) ON PUBLIC OR PRIVATE PROPERTY WITHOUT THE PRIOR
940		-	WRITTEN PERMISSION O F: WES MOORE, Governor Ch. 600
941	902
942		-	– 21 –
	903	+	(4) Another facility that has passed an inspection with the State Board of 1
	904	+	Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2 2
	905	+	years. 3
943	906
944		-	(I) THE OWNER OF THE PUBL IC PROPERTY;
	907	+	(f) A funeral establishment, crematory, REDUCTION FACILITY , or 4
	908	+	transportation service may not transport or store the body of a decedent together with 5
	909	+	animal remains in the same confined space. 6
945	910
946		-	(II) THE SURVIVING OWNERS OF PUBLIC RECORD OF THE
947		-	PRIVATE PROPERTY ; OR
	911	+	(g) (1) Except as provided in paragraph (2) of this subsection, while the body 7
	912	+	of a decedent is in the custody of a funeral establishment [or], crematory, OR REDUCTION 8
	913	+	FACILITY in the State, the body may not be transported for preparation or storage to a 9
	914	+	facility that is not within the jurisdiction of the State, licensed by the State Board of 10
	915	+	Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight. 11
948	916
949		-	(III) IF THE DECEDENT WAS S OLE OWNER OF THE PRO PERTY AT
950		-	DEATH, THE AUTHORIZING AGEN T;
	917	+	(2) The body of a decedent may be transported for preparation or storage 12
	918	+	to a facility that is not within the jurisdiction of the State, licensed by the State Board of 13
	919	+	Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if: 14
951	920
952		-	(2) BY USING THE SOIL REMAINS TO GROW FOOD FOR CON SUMPTION
953		-	BY HUMANS OR LIVESTO CK;
	921	+	(i) The facility has entered into a written agreement with the State 15
	922	+	Board of Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the 16
	923	+	State to make unannounced inspections of the facility; and 17
954	924
955		-	(3) ~~BY SELLING OR RESELLI NG~~ THE ~~SOIL REMAINS~~ TO ~~A THIRD~~
956		-	~~PARTY; OR~~
	925	+	(ii) The person authorized to arrange for the final disposition of the 18
	926	+	body under § 5–509 of this subtitle: 19
957	927
958		-	(4) BY COMBINING OR INCOR PORATING THE SOIL REMAINS INTO
959		-	COMPOST OFFERED FOR SALE TO CONSUMERS OR FOR COMMERCIAL OR
960		-	AGRICULTURAL PURCHAS ERS.
	928	+	1. Has given written permission for the body to be 20
	929	+	transported to the facility; or 21
961	930
962		-	(C) UNLESS A FUNERAL ESTA BLISHMENT OR CEMETER Y HAS OTHERWISE
963		-	AGREED IN WRITING , A REDUCTION FACILITY THAT PRODUCES SOI L REMAINS IS
964		-	RESPONSIBLE FOR PROV IDING FOR THE FINAL DISPOSITION AND DISP OSAL OF THE
965		-	SOIL REMAINS IN ACCO RDANCE WITH WRITTEN DIRECTION GIVEN BY A N
966		-	AUTHORIZING AGENT .
	931	+	2. A. Has given oral permission for the body to be 22
	932	+	transported to the facility; and 23
967	933
968		-	(D) EXCEPT FOR ACTS OF GR OSS NEGLIGENCE OR RE CKLESS DISREGARD OF
969		-	THE PROHIBITIONS UND ER SUBSECTION (B) OF THIS SECTION, A PRACTITIONER OR
970		-	REDUCTION FACILITY O PERATOR IS NOT LIABL E FOR:
	934	+	B. Within 36 hours after giving oral permission, provides 24
	935	+	written verification of the oral permission. 25
971	936
972		-	(1) TRANSFERRING POSSESSI ON OF SOIL REMAINS A T A REDUCTION
973		-	FACILITY; OR
	937	+	5–514. 26
974	938
975		-	(2) DELIVERING SOIL REMAI NS TO ANOTHER LOCATI ON ACCORDING
976		-	TO THE WRITTEN DIREC TION PROVIDED BY AN AU THORIZING AGENT .
	939	+	(a) An individual may not bury or dispose of a body except: 27
977	940
978		-	[(b)] (E) An individual who violates this section is guilty of a misdemeanor and
979		-	on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000
980		-	or both.
	941	+	(1) In a family burial plot or other area allowed by a local ordinance; 28
981	942
982		-	~~Article – Health Occupations~~
	943	+	(2) In a crematory; 29
983	944
984		-	~~7–101.~~
	945	+	(3) In a cemetery; 30
985	946
986		-	(a) In ~~this title the following words have the meanings indicated. Ch. 600 2024 LAWS OF MARYLAND~~
	947	+	(4) IN A REDUCTION FACILI TY; 31
987	948
988		-	~~– 22 –~~
	949	+	(5) By donating the body to medical science; or 32 HOUSE BILL 1168 21
989	950
990		-	(A–1) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
991		-	BUSINESS REGULATION ARTICLE.
992	951
993		-	(c–1) “Authorizing agent” means the individual who has legal authority to arrange
994		-	for and make decisions regarding the final disposition of a dead human body, including by
995		-	cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION HAS THE
996		-	MEANING STATED IN § 5–508 OF THE HEALTH – GENERAL ARTICLE.
997	952
998		-	(h) “Cremation” means [the process of reducing human remains to bone
999		-	fragments through intense heat and evaporation, including any mechanical or thermal
1000		-	process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION .
	953	+	[(5)] (6) By removing the body to another state for final disposition in 1
	954	+	accordance with the laws of the other state. 2
1001	955
1002		-	(i) ~~“Crematory” means~~ a ~~building, portion~~ of ~~a building,~~ ~~or structure that houses~~
1003		-	~~the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS.~~
	956	+	(B) A PERSON MAY NOT USE O R DISPOSE OF SOIL RE MAINS PRODUCED BY 3
	957	+	NATURAL ORGANIC REDU CTION: 4
1004	958
1005		-	(l) (1) “Human remains” means:
	959	+	(1) ON PUBLIC OR PRIVATE PROPERTY WITHOUT THE PRIOR 5
	960	+	WRITTEN PERMISSION O F: 6
1006	961
1007		-	(i) The ~~body~~ of ~~a deceased person~~; or
	962	+	(I) THE OWNER OF THE PUBL IC PROPERTY; 7
1008	963
1009		-	(ii) ~~A part~~ of ~~a body or limb that has been removed from a living~~
1010		-	~~person.~~
	964	+	(II) THE SURVIVING OWNERS OF PUBLIC RECORD OF THE 8
	965	+	PRIVATE PROPERTY ; OR 9
1011	966
1012		-	(2) ~~“Human remains” includes~~ the ~~body or part~~ of ~~a body or limb in any~~
1013		-	~~state of decomposition.~~
	967	+	(III) IF THE DECEDENT WAS S OLE OWNER OF THE PRO PERTY AT 10
	968	+	DEATH, THE AUTHORIZING AGEN T; 11
1014	969
1015		-	(3) ~~“HUMAN~~ REMAINS ~~” DOES NOT INCLUDE SOI L REMAINS~~
1016		-	~~PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC RED UCTION.~~
	970	+	(2) BY USING THE SOIL REMAINS TO GROW FOOD FOR CON SUMPTION 12
	971	+	BY HUMANS OR LIVESTO CK; 13
1017	972
1018		-	(~~L–1~~) ~~“HYDROLYZED~~ REMAINS ~~” HAS THE MEANING STAT ED IN § 5–101 OF THE~~
1019		-	~~BUSINESS REGULATION ARTICLE.~~
	973	+	(3) BY SELLING OR RESELLI NG THE SOIL REMAINS TO A THIRD 14
	974	+	PARTY; OR 15
1020	975
1021		-	(S–1) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN §
1022		-	5–101 OF THE BUSINESS REGULATION ARTICLE.
	976	+	(4) BY COMBINING OR INCOR PORATING THE SOIL REMAINS INTO 16
	977	+	COMPOST OFFERED FOR SALE TO CONSUMERS OR FOR COMMERCIAL OR 17
	978	+	AGRICULTURAL PURCHAS ERS. 18
1023	979
1024		-	(t) (1) “Practice funeral direction” means:
	980	+	(C) UNLESS A FUNERAL ESTA BLISHMENT OR CEMETER Y HAS OTHERWISE 19
	981	+	AGREED IN WRITING , A REDUCTION FACILITY THAT PRODUCES SOIL R EMAINS IS 20
	982	+	RESPONSIBLE FOR PROV IDING FOR THE FINAL DISPOSITION AND DI SPOSAL OF THE 21
	983	+	SOIL REMAINS IN ACCO RDANCE WITH WRITTEN DIRECTION GIVEN BY A N 22
	984	+	AUTHORIZING AGENT . 23
1025	985
1026		-	(i) To operate a funeral establishment;
	986	+	(D) EXCEPT FOR ACTS OF GR OSS NEGLIGENCE OR RE CKLESS DISREGARD OF 24
	987	+	THE PROHIBITIONS UND ER SUBSECTION (B) OF THIS SECTION, A PRACTITIONER OR 25
	988	+	REDUCTION FACILITY O PERATOR IS NOT LIABL E FOR: 26
1027	989
1028		-	(ii) ~~For compensation,~~ ~~to prepare~~ a ~~dead human body for disposition;~~
1029		-	or
	990	+	(1) TRANSFERRING POSSESSI ON OF SOIL REMAINS A T A REDUCTION 27
	991	+	FACILITY; OR 28
1030	992
1031		-	(~~iii~~) ~~For compensation,~~ to ~~arrange for or make final disposition of a~~
1032		-	~~dead human body~~.
1033		-	~~WES MOORE,~~ ~~Governor~~ ~~Ch. 600~~
	993	+	(2) DELIVERING SOIL REMAI NS TO ANOTHER LOCATI ON ACCORDING 29
	994	+	TO THE WRITTEN DIREC TION PROVIDED BY AN AUTHORIZING AGENT . 30
	995	+	22 HOUSE BILL 1168
1034	996
1035		-	– 23 –
1036		-	(2) “Practice funeral direction” does not include:
1037	997
1038		-	(i) For compensation, disinfecting or preserving a dead human body
1039		-	or any of its parts by arterial or cavity injection or any other type of preservation; or
	998	+	[(b)] (E) An individual who violates this section is guilty of a misdemeanor and 1
	999	+	on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 2
	1000	+	or both. 3
1040	1001
1041		-	(ii) The business of operating a crematory OR REDUCTION
1042		-	FACILITY.
	1002	+	Article – Health Occupations 4
1043	1003
1044		-	~~(u) (1) “Practice mortuary science” means:~~
	1004	+	7–101. 5
1045	1005
1046		-	(i) ~~To operate a funeral establishment;~~
	1006	+	(a) In this title the following words have the meanings indicated. 6
1047	1007
1048		-	(ii) ~~For compensation,~~ ~~to prepare a dead human body for disposition;~~
1049		-	or
	1008	+	(A–1) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 7
	1009	+	BUSINESS REGULATION ARTICLE. 8
1050	1010
1051		-	(iii) For compensation, to arrange for or make final disposition of a
1052		-	dead human body.
	1011	+	(c–1) “Authorizing agent” means the individual who has legal authority to arrange 9
	1012	+	for and make decisions regarding the final disposition of a dead human body, including by 10
	1013	+	cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION HAS THE 11
	1014	+	MEANING STATED IN § 5–508 OF THE HEALTH – GENERAL ARTICLE. 12
1053	1015
1054		-	(2) “Practice mortuary science” includes:
	1016	+	(h) “Cremation” means [the process of reducing human remains to bone 13
	1017	+	fragments through intense heat and evaporation, including any mechanical or thermal 14
	1018	+	process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION . 15
1055	1019
1056		-	(i) The practice of funeral direction; and
	1020	+	(i) “Crematory” means a building, portion of a building, or structure that houses 16
	1021	+	the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS. 17
1057	1022
1058		-	(ii) Disinfecting or preserving a dead human body or any of its parts
1059		-	by arterial or cavity injection.
	1023	+	(l) (1) “Human remains” means: 18
1060	1024
1061		-	(3) ~~“Practice mortuary science”~~ ~~does not include:~~
	1025	+	(i) The body of a deceased person; or 19
1062	1026
1063		-	(i) The pickup, removal, or transportation of a dead human body, if
1064		-	the unlicensed individual is acting under the direction of a licensed mortician or funeral
1065		-	director; or
	1027	+	(ii) A part of a body or limb that has been removed from a living 20
	1028	+	person. 21
1066	1029
1067		-	(ii) The ~~business~~ of ~~operating~~ a ~~crematory~~ OR ~~REDUCTION~~
1068		-	~~FACILITY~~.
	1030	+	(2) “Human remains” includes the body or part of a body or limb in any 22
	1031	+	state of decomposition. 23
1069	1032
1070		-	(~~V–1~~) “~~REDUCTION FACIL ITY~~” ~~HAS THE MEANING STAT ED IN § 5–101 OF THE~~
1071		-	~~BUSINESS REGULATION ARTICLE~~.
	1033	+	(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS 24
	1034	+	PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC REDUCTION . 25
1072	1035
1073		-	(V–2) “~~REGISTERED REDUCTION OPERATOR~~” HAS THE MEANING STAT ED IN §
1074		-	~~5–101 OF THE~~ BUSINESS REGULATION ARTICLE.
	1036	+	(L–1) “HYDROLYZED REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 26
	1037	+	BUSINESS REGULATION ARTICLE. 27
1075	1038
1076		-	(V–3) “~~SOIL REMAINS~~ ” HAS THE MEANING STAT ED IN § ~~5–101 OF THE~~
1077		-	BUSINESS REGULATION ARTICLE.
	1039	+	(S–1) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN § 28
	1040	+	5–101 OF THE BUSINESS REGULATION ARTICLE. 29
1078	1041
1079		-	~~7–102.~~
1080		-	~~Ch. 600~~ ~~2024 LAWS OF MARYLAND~~
	1042	+	(t) (1) “Practice funeral direction” means: 30
	1043	+	HOUSE BILL 1168 23
1081	1044
1082		-	– 24 –
1083		-	(a) This title does not limit the right of an individual to practice a health
1084		-	occupation that the individual is authorized to practice under this article.
1085	1045
1086		-	(b) (1) In this subsection, “registrant or permit holder” means a person
1087		-	regulated under Title 5 of the Business Regulation Article as a registered cemeterian,
1088		-	REGISTERED REDUCTION OPERATOR, registered seller, or holder of a permit to operate
1089		-	a cemetery, REDUCTION FACILITY, or burial goods business.
	1046	+	(i) To operate a funeral establishment; 1
1090	1047
1091		-	(2) This title does not apply to:
	1048	+	(ii) For compensation, to prepare a dead human body for disposition; 2
	1049	+	or 3
1092	1050
1093		-	(i) ~~The business~~ of ~~operating~~ a ~~cemetery, including the sale of~~
1094		-	~~cemetery lots,~~ ~~grave sites,~~ ~~mausoleums, monuments, lawn crypts, or vaults;~~
	1051	+	(iii) For compensation, to arrange for or make final disposition of a 4
	1052	+	dead human body. 5
1095	1053
1096		-	(ii) The ownership of a crematory OR REDUCTION FACILITY or the
1097		-	business of operating a crematory OR REDUCTION FACILIT Y in which:
	1054	+	(2) “Practice funeral direction” does not include: 6
1098	1055
1099		-	1. A ~~registrant or permit holder owns a greater percentage of~~
1100		-	~~the crematory~~ OR ~~REDUCTION FACILIT Y than a person licensed under this title~~;
	1056	+	(i) For compensation, disinfecting or preserving a dead human body 7
	1057	+	or any of its parts by arterial or cavity injection or any other type of preservation; or 8
1101	1058
1102		-	~~2. Ownership is equal between~~ a ~~registrant~~ or ~~permit holder~~
1103		-	~~and a person licensed under this title; or~~
	1059	+	(ii) The business of operating a crematory OR REDUCTION 9
	1060	+	FACILITY. 10
1104	1061
1105		-	3. Neither a registrant, permit holder, or person licensed
1106		-	under this title has an ownership interest in the crematory OR REDUCTION FACILIT Y; or
	1062	+	(u) (1) “Practice mortuary science” means: 11
1107	1063
1108		-	(iii) The ownership of a crematory or the business of operating a
1109		-	crematory or incinerator at a licensed medical facility or educational institution.
	1064	+	(i) To operate a funeral establishment; 12
1110	1065
1111		-	7–205.
	1066	+	(ii) For compensation, to prepare a dead human body for disposition; 13
	1067	+	or 14
1112	1068
1113		-	(c) In conjunction with the Office of Cemetery Oversight, the Board shall:
	1069	+	(iii) For compensation, to arrange for or make final disposition of a 15
	1070	+	dead human body. 16
1114	1071
1115		-	(1) Establish a process for regulating crematories AND REDUCTION
1116		-	FACILITIES that provides for:
	1072	+	(2) “Practice mortuary science” includes: 17
1117	1073
1118		-	(i) Registration of crematory operators AND REDUCTION
1119		-	OPERATORS or issuance of permits for operating crematories AND REDUCTION
1120		-	FACILITIES, and renewal;
	1074	+	(i) The practice of funeral direction; and 18
1121	1075
1122		-	(ii) Applications, including certification of ownership and
1123		-	identification of individuals who will perform cremation, ALKALINE HYDROLYSIS , OR
1124		-	NATURAL ORGANIC REDU CTION;
	1076	+	(ii) Disinfecting or preserving a dead human body or any of its parts 19
	1077	+	by arterial or cavity injection. 20
1125	1078
1126		-	(iii) Registration or permit fees;
1127		-	WES MOORE, Governor Ch. 600
	1079	+	(3) “Practice mortuary science” does not include: 21
1128	1080
1129		-	– 25 –
1130		-	(iv) Inspections and oversight;
	1081	+	(i) The pickup, removal, or transportation of a dead human body, if 22
	1082	+	the unlicensed individual is acting under the direction of a licensed mortician or funeral 23
	1083	+	director; or 24
1131	1084
1132		-	(v) Grounds for discipline and penalties; and
	1085	+	(ii) The business of operating a crematory OR REDUCTION 25
	1086	+	FACILITY. 26
1133	1087
1134		-	(vi) Complaints and hearings; and
	1088	+	(V–1) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE 27
	1089	+	BUSINESS REGULATION ARTICLE. 28
	1090	+	24 HOUSE BILL 1168
1135	1091
1136		-	(2) Adopt regulations that are identical to regulations adopted by the
1137		-	Director of the Office of Cemetery Oversight to:
1138	1092
1139		-	(i) Implement item (1) of this subsection; and
	1093	+	(V–2) “REGISTERED REDUCTION OPERATOR” HAS THE MEANING STAT ED IN § 1
	1094	+	5–101 OF THE BUSINESS REGULATION ARTICLE. 2
1140	1095
1141		-	(ii) Ensure public health and safety; AND
	1096	+	(V–3) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 3
	1097	+	BUSINESS REGULATION ARTICLE. 4
1142	1098
1143		-	(III) MEET THE REQUIREMENTS OF § 5–204(A)(3) OF THE
1144		-	BUSINESS REGULATION ARTICLE.
	1099	+	7–102. 5
1145	1100
1146		-	7–406.
	1101	+	(a) This title does not limit the right of an individual to practice a health 6
	1102	+	occupation that the individual is authorized to practice under this article. 7
1147	1103
1148		-	(a) A licensee shall maintain a complete file [of a] FOR EACH cremation AND
1149		-	EACH ALKALINE HYDROL YSIS OR NATURAL ORGA NIC REDUCTION THAT IS INITIATED
1150		-	that includes the signature of the next of kin, person identifying the body, or person
1151		-	responsible for disposition, time of death, and the date and time of cremation OR THE TIME
1152		-	THAT THE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION WA S
1153		-	INITIATED.
	1104	+	(b) (1) In this subsection, “registrant or permit holder” means a person 8
	1105	+	regulated under Title 5 of the Business Regulation Article as a registered cemeterian, 9
	1106	+	REGISTERED REDUCTION OPERATOR , registered seller, or holder of a permit to operate 10
	1107	+	a cemetery, REDUCTION FACILITY , or burial goods business. 11
1154	1108
1155		-	(b) (1) (i) In this subsection the following words have the meanings
1156		-	indicated.
	1109	+	(2) This title does not apply to: 12
1157	1110
1158		-	(ii) “Eligible dependent” means a veteran’s spouse, a veteran’s
1159		-	unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before
1160		-	the age of 21 became permanently incapable of self–support because of physical or mental
1161		-	disability.
	1111	+	(i) The business of operating a cemetery, including the sale of 13
	1112	+	cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults; 14
1162	1113
1163		-	(iii) 1. “Identifying information” means data required by a
1164		-	veterans service organization to verify the eligibility of a veteran or an eligible dependent
1165		-	for burial in a national or state veterans cemetery.
	1114	+	(ii) The ownership of a crematory OR REDUCTION FACILIT Y or the 15
	1115	+	business of operating a crematory OR REDUCTION FACILIT Y in which: 16
1166	1116
1167		-	2. “Identifying information” includes name, service number,
1168		-	Social Security number, date of birth, date of death, place of birth, and copy of the death
1169		-	certificate.
	1117	+	1. A registrant or permit holder owns a greater percentage of 17
	1118	+	the crematory OR REDUCTION FACILIT Y than a person licensed under this title; 18
1170	1119
1171		-	~~(iv) “Veteran” has the meaning stated in § 9–901 of the State~~
1172		-	~~Government Article.~~
	1120	+	2. Ownership is equal between a registrant or permit holder 19
	1121	+	and a person licensed under this title; or 20
1173	1122
1174		-	~~(v) “Veterans~~ ~~service organization”~~ ~~means an association~~ or ~~other~~
1175		-	~~entity organized for~~ the ~~benefit of veterans that has been recognized by the U.S. Ch. 600 2024 LAWS OF MARYLAND~~
	1123	+	3. Neither a registrant, permit holder, or person licensed 21
	1124	+	under this title has an ownership interest in the crematory OR REDUCTION FACILIT Y; or 22
1176	1125
1177		-	– 26 –
1178		-	Department of Veterans Affairs or chartered by Congress and an y employee or
1179		-	representative of the association or entity.
	1126	+	(iii) The ownership of a crematory or the business of operating a 23
	1127	+	crematory or incinerator at a licensed medical facility or educational institution. 24
1180	1128
1181		-	(2) (I) If a licensed funeral establishment [or], a crematory, OR A
1182		-	REDUCTION FACILITY is in possession of cremated human remains OR HYDROLYZED
1183		-	REMAINS that have been unclaimed for 90 days or more, the licensed funeral establishment
1184		-	or holder of the permit for the business of operating a crematory shall provide identifying
1185		-	information of the unclaimed cremains OR HYDROLYZED REMAIN S to a veterans service
1186		-	organization in order for the veterans service organization to determine if the unclaimed
1187		-	cremains are those of a veteran or an eligible dependent.
	1129	+	7–205. 25
1188	1130
1189		-	(II) 1. SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH DOES
1190		-	NOT APPLY IF:
	1131	+	(c) In conjunction with the Office of Cemetery Oversight, the Board shall: 26
1191	1132
1192		-	A. AN AUTHORIZING AGENT DIRECTS OTHERWISE; OR
	1133	+	(1) Establish a process for regulating crematories AND REDUCTION 27
	1134	+	FACILITIES that provides for: 28
1193	1135
1194		-	B. A LICENSED FUNERAL EST ABLISHMENT OR
1195		-	REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING
1196		-	INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR
1197		-	DISPOSITION BENEFITS ASSOCIATED WITH VETE RAN STATUS.
	1136	+	(i) Registration of crematory operators AND REDUCTION 29
	1137	+	OPERATORS or issuance of permits for operating crematories AND REDUCTION 30
	1138	+	FACILITIES, and renewal; 31 HOUSE BILL 1168 25
1198	1139
1199		-	2. A LICENSED FUNERAL ESTABLI SHMENT OR
1200		-	REDUCTION FACILITY I N POSSESSION OF HUMA N REMAINS THAT ARE B EING
1201		-	PROCESSED BY NATURAL ORGANIC REDUCTION SH ALL PROVIDE IDENTIFY ING
1202		-	INFORMATION TO A VET ERANS SERVICE ORGANI ZATION WITHIN 5 BUSINESS DAYS
1203		-	AFTER NATURAL ORGANI C REDUCTION IS INITIATED T O DETERMINE IF THE S OIL
1204		-	REMAINS ARE THOSE OF A VETERAN OR AN ELIG IBLE DEPENDENT .
1205	1140
1206		-	(3) Within 45 days after receipt of the information required under
1207		-	paragraph (2) of this subsection, the veterans service organization shall notify the licensed
1208		-	funeral establishment [or], permit holder, OR REDUCTION FACILIT Y:
1209	1141
1210		-	(i) Whether the cremains, HYDROLYZED REMAINS , OR SOIL
1211		-	REMAINS are those of a veteran or an eligible dependent; and
	1142	+	(ii) Applications, including certification of ownership and 1
	1143	+	identification of individuals who will perform cremation, ALKALINE HYDROL YSIS, OR 2
	1144	+	NATURAL ORGANIC REDU CTION; 3
1212	1145
1213		-	(ii) If so, whether the veteran or eligible dependent is eligible for
1214		-	burial in a veterans cemetery.
	1146	+	(iii) Registration or permit fees; 4
1215	1147
1216		-	(4) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a
1217		-	veteran or an eligible dependent, the licensed funeral establishment or permit holder may
1218		-	transfer the cremains OR HYDROLYZED REMAIN S to a veterans service organization for
1219		-	the purpose of the appropriate disposition of the cremains OR HYDROLYZED REMAINS .
1220		-	WES MOORE, Governor Ch. 600
	1148	+	(iv) Inspections and oversight; 5
1221	1149
1222		-	– 27 –
1223		-	(5) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR
1224		-	ELIGIBLE DEPENDENT , THE LICENSED FUNERAL EST ABLISHMENT OR REDUCTION
1225		-	FACILITY MAY:
	1150	+	(v) Grounds for discipline and penalties; and 6
1226	1151
1227		-	(I) TRANSFER A PORTION OF THE SOIL REMAINS NOT
1228		-	EXCEEDING 300 CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION
1229		-	THAT GRANTS PERMISSI ON FOR THE PURPOSE O F DISPOSITION; AND
	1152	+	(vi) Complaints and hearings; and 7
1230	1153
1231		-	(II) IF AUTHORIZED , TRANSFER THE BALANCE OF THE SOIL
1232		-	REMAINS TO A CE METERY OR THE OWNER OF A WOODLAND PROTEC TED UNDER THE
1233		-	FOREST CONSERVATION ACT.
	1154	+	(2) Adopt regulations that are identical to regulations adopted by the 8
	1155	+	Director of the Office of Cemetery Oversight to: 9
1234	1156
1235		-	[(5)] (6) If a veterans service organization does not take possession of
1236		-	unclaimed cremains OR HYDROLYZED REMAIN S OR THE PORTION OF UN CLAIMED SOIL
1237		-	REMAINS that qualify for a plot in a State veterans’ cemetery under § 9–906 of the State
1238		-	Government Article within 10 days after the licensed funeral establishment, REDUCTION
1239		-	FACILITY, or permit holder receives the notification required under paragraph (3) of this
1240		-	subsection, the licensed funeral establishment, REDUCTION FACILITY , or permit holder
1241		-	shall:
	1157	+	(i) Implement item (1) of this subsection; and 10
1242	1158
1243		-	(i) Notify the Department of Veterans Affairs of the status of the
1244		-	cremains, OR HYDROLYZED REMAINS , OR PORTION OF SOIL R EMAINS for the purpose
1245		-	of the appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION
1246		-	OF SOIL REMAINS; [and]
	1159	+	(ii) Ensure public health and safety; AND 11
1247	1160
1248		-	(ii) Transfer the cremains, OR HYDROLYZED REMAINS , OR
1249		-	PORTION OF SOIL REMAINS to the Department of Veterans Affairs for the purpose of the
1250		-	appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION OF
1251		-	SOIL REMAINS; AND.
	1161	+	(III) MEET THE REQUIREMENTS OF § 5–204(A)(3) OF THE 12
	1162	+	BUSINESS REGULATION ARTICLE. 13
1252	1163
1253		-	(7) IF A VETERANS SERVICE ORGANIZATION DOES NO T TAKE
1254		-	POSSESSION OF A PORT ION OF UNCLAIMED SOI L REMAINS UNDER PARA GRAPH (5)(I)
1255		-	OF THIS SUBSECTION THAT QUALIFIES FOR A PLOT IN A STATE VETERANS ’
1256		-	CEMETERY UNDER § 9–906 OF THE STATE GOVERNMENT ARTICLE WITHIN 10 DAYS
1257		-	AFTER THE REDUCTION FACILITY RECEIVES TH E NOTIFICATION REQUI RED UNDER
1258		-	PARAGRAPH (3) OF THIS SUBSECTION , THE REDUCTION FACILI TY SHALL:
	1164	+	7–406. 14
1259	1165
1260		-	(I) NOTIFY THE DEPARTMENT OF VETERANS AFFAIRS OF THE
1261		-	STATUS OF THE SOIL R EMAINS FOR THE PURPO SE OF THE APPROPRIAT E
1262		-	DISPOSITION OF THE P ORTION OF SOIL REMAI NS;
	1166	+	(a) A licensee shall maintain a complete file [of a] FOR EACH cremation AND 15
	1167	+	EACH ALKALINE HYDROL YSIS OR NATURAL ORGA NIC REDUCTION THAT IS INITIATED 16
	1168	+	that includes the signature of the next of kin, person identifying the body, or person 17
	1169	+	responsible for disposition, time of death, and the date and time of cremation OR THE TIME 18
	1170	+	THAT THE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION WA S 19
	1171	+	INITIATED. 20
1263	1172
1264		-	(II) TRANSFER THE PORTION OF SOIL REMAINS TO T HE
1265		-	DEPARTMENT OF VETERANS AFFAIRS FOR THE PURPO SE OF THE APPROPRIATE
1266		-	DISPOSITION OF THE P ORTION OF THE SOIL R EMAINS; AND Ch. 600 2024 LAWS OF MARYLAND
	1173	+	(b) (1) (i) In this subsection the following words have the meanings 21
	1174	+	indicated. 22
1267	1175
1268		-	– 28 –
	1176	+	(ii) “Eligible dependent” means a veteran’s spouse, a veteran’s 23
	1177	+	unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before 24
	1178	+	the age of 21 became permanently incapable of self–support because of physical or mental 25
	1179	+	disability. 26
1269	1180
1270		-	(III) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER
1271		-	THE BALANCE OF THE S OIL REMAINS TO A CEM ETERY OR THE OWNER O F A
1272		-	WOODLAND PROTECTED U NDER THE FOREST CONSERVATION ACT.
	1181	+	(iii) 1. “Identifying information” means data required by a 27
	1182	+	veterans service organization to verify the eligibility of a veteran or an eligible dependent 28
	1183	+	for burial in a national or state veterans cemetery. 29
	1184	+	26 HOUSE BILL 1168
1273	1185
1274		-	7–505.
1275	1186
1276		-	A licensee or the agent of a licensee may not represent that a burial or funeral casket
1277		-	is required for cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION.
	1187	+	2. “Identifying information” includes name, service number, 1
	1188	+	Social Security number, date of birth, date of death, place of birth, and copy of the death 2
	1189	+	certificate. 3
1278	1190
1279		-	~~SECTION 2.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That this Act shall take effect~~
1280		-	~~October 1, 2024~~.
	1191	+	(iv) “Veteran” has the meaning stated in § 9–901 of the State 4
	1192	+	Government Article. 5
1281	1193
1282		-	Approved by the Governor, May 9, 2024.
	1194	+	(v) “Veterans service organization” means an association or other 6
	1195	+	entity organized for the benefit of veterans that has been recognized by the U.S. 7
	1196	+	Department of Veterans Affairs or chartered by Congress and any employee or 8
	1197	+	representative of the association or entity. 9
	1198	+
	1199	+	(2) (I) If a licensed funeral establishment [or], a crematory, OR A 10
	1200	+	REDUCTION FACILITY is in possession of cremated human remains OR HYDROLYZED 11
	1201	+	REMAINS that have been unclaimed for 90 days or more, the licensed funeral establishment 12
	1202	+	or holder of the permit for the business of operating a crematory shall provide identifying 13
	1203	+	information of the unclaimed cremains OR HYDROLYZED REMAIN S to a veterans service 14
	1204	+	organization in order for the veterans service organization to determine if the unclaimed 15
	1205	+	cremains are those of a veteran or an eligible dependent. 16
	1206	+
	1207	+	(II) 1. SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH DOES 17
	1208	+	NOT APPLY IF: 18
	1209	+
	1210	+	A. AN AUTHORIZING AGENT DIRECTS OTHERWISE; OR 19
	1211	+
	1212	+	B. A LICENSED FUNERAL EST ABLISHMENT OR 20
	1213	+	REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING 21
	1214	+	INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR 22
	1215	+	DISPOSITION BENEFITS ASSOCIATED WITH VETE RAN STATUS. 23
	1216	+
	1217	+	2. A LICENSED FUNERAL ESTABL ISHMENT OR 24
	1218	+	REDUCTION FACILITY I N POSSESSION OF HUMA N REMAINS THAT ARE B EING 25
	1219	+	PROCESSED BY NATURAL ORGANIC REDUCTION SH ALL PROVIDE IDENTIFY ING 26
	1220	+	INFORMATION TO A VET ERANS SERVICE ORGANI ZATION WITHIN 5 BUSINESS DAYS 27
	1221	+	AFTER NATURAL ORGANI C REDUCTION IS INITIATED TO DETERMINE IF THE SOIL 28
	1222	+	REMAINS ARE THOSE OF A VETERAN OR AN ELIG IBLE DEPENDENT . 29
	1223	+
	1224	+	(3) Within 45 days after receipt of the information required under 30
	1225	+	paragraph (2) of this subsection, the veterans service organization shall notify the licensed 31
	1226	+	funeral establishment [or], permit holder, OR REDUCTION FACILIT Y: 32
	1227	+
	1228	+	(i) Whether the cremains, HYDROLYZED REMAINS , OR SOIL 33
	1229	+	REMAINS are those of a veteran or an eligible dependent; and 34
	1230	+	HOUSE BILL 1168 27
	1231	+
	1232	+
	1233	+	(ii) If so, whether the veteran or eligible dependent is eligible for 1
	1234	+	burial in a veterans cemetery. 2
	1235	+
	1236	+	(4) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a 3
	1237	+	veteran or an eligible dependent, the licensed funeral establishment or permit holder may 4
	1238	+	transfer the cremains OR HYDROLYZED REMAIN S to a veterans service organization for 5
	1239	+	the purpose of the appropriate disposition of the cremains OR HYDROLYZED REMAINS . 6
	1240	+
	1241	+	(5) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR 7
	1242	+	ELIGIBLE DEPENDENT , THE LICENSED FUNERAL EST ABLISHMENT OR REDUCTION 8
	1243	+	FACILITY MAY: 9
	1244	+
	1245	+	(I) TRANSFER A PORTION OF THE SOIL REMAINS NOT 10
	1246	+	EXCEEDING 300 CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION 11
	1247	+	THAT GRANTS PERMISSI ON FOR THE PURPOSE O F DISPOSITION; AND 12
	1248	+
	1249	+	(II) IF AUTHORIZED , TRANSFER THE BALANCE OF THE SOIL 13
	1250	+	REMAINS TO A C EMETERY OR THE OWNER OF A WOODLAND PROTEC TED UNDER THE 14
	1251	+	FOREST CONSERVATION ACT. 15
	1252	+
	1253	+	[(5)] (6) If a veterans service organization does not take possession of 16
	1254	+	unclaimed cremains OR HYDROLYZED REMAIN S OR THE PORTION OF UN CLAIMED SOIL 17
	1255	+	REMAINS that qualify for a plot in a State veterans’ cemetery under § 9–906 of the State 18
	1256	+	Government Article within 10 days after the licensed funeral establishment, REDUCTION 19
	1257	+	FACILITY, or permit holder receives the notification required under paragraph (3) of this 20
	1258	+	subsection, the licensed funeral establishment, REDUCTION FACILITY , or permit holder 21
	1259	+	shall: 22
	1260	+
	1261	+	(i) Notify the Department of Veterans Affairs of the status of the 23
	1262	+	cremains, OR HYDROLYZED REMAINS , OR PORTION OF SOIL R EMAINS for the purpose 24
	1263	+	of the appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION 25
	1264	+	OF SOIL REMAINS; [and] 26
	1265	+
	1266	+	(ii) Transfer the cremains, OR HYDROLYZED REMAINS , OR 27
	1267	+	PORTION OF SOIL REMAINS to the Department of Veterans Affairs for the purpose of the 28
	1268	+	appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION OF 29
	1269	+	SOIL REMAINS; AND. 30
	1270	+
	1271	+	(7) IF A VETERANS SERVICE ORGANIZATION DOES NO T TAKE 31
	1272	+	POSSESSION OF A PORT ION OF UNCLAIMED SOI L REMAINS UNDER PARA GRAPH (5)(I) 32
	1273	+	OF THIS SUBSECTION THAT QUALIFIES FOR A PLOT IN A STATE VETERANS ’ 33
	1274	+	CEMETERY UNDER § 9–906 OF THE STATE GOVERNMENT ARTICLE WITHIN 10 DAYS 34
	1275	+	AFTER THE REDUCTION FACILITY RECEIVES TH E NOTIFICATION REQUI RED UNDER 35
	1276	+	PARAGRAPH (3) OF THIS SUBSECTION , THE REDUCTION FACILI TY SHALL: 36 28 HOUSE BILL 1168
	1277	+
	1278	+
	1279	+
	1280	+	(I) NOTIFY THE DEPARTMENT OF VETERANS AFFAIRS OF THE 1
	1281	+	STATUS OF THE SOIL R EMAINS FOR THE PURPO SE OF THE APPROPRIAT E 2
	1282	+	DISPOSITION OF THE P ORTION OF SOIL REMAI NS; 3
	1283	+
	1284	+	(II) TRANSFER THE PORTION OF SOIL REMAINS TO T HE 4
	1285	+	DEPARTMENT OF VETERANS AFFAIRS FOR THE PURPO SE OF THE APPROPRIATE 5
	1286	+	DISPOSITION OF THE P ORTION OF THE SOIL R EMAINS; AND 6
	1287	+
	1288	+	(III) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER 7
	1289	+	THE BALANCE OF THE S OIL REMAINS TO A CEM ETERY OR THE OWNER O F A 8
	1290	+	WOODLAND PROTECTED U NDER THE FOREST CONSERVATION ACT. 9
	1291	+
	1292	+	7–505. 10
	1293	+
	1294	+	A licensee or the agent of a licensee may not represent that a burial or funeral casket 11
	1295	+	is required for cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION. 12
	1296	+
	1297	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
	1298	+	October 1, 2024. 14
	1299	+
	1300	+
	1301	+
	1302	+
	1303	+	Approved:
	1304	+	________________________________________________________________________________
	1305	+	Governor.
	1306	+	________________________________________________________________________________
	1307	+	Speaker of the House of Delegates.
	1308	+	________________________________________________________________________________
	1309	+	President of the Senate.