WES MOORE, Governor Ch. 600
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Chapter 600
(House Bill 1168)
AN ACT concerning
Human Remains – Alkaline Hydrolysis and Natural Organic Reduction
(Green Death Care Options Act)
FOR the purpose of establishing a regulatory system for reduction operators and reduction
facilities; establishing requirements and prohibitions related to the performance of
alkaline hydrolysis and natural organic reduction and the disposition of hydrolyzed
or soil remains by certain facilities; requiring the Director of the Office of Cemetery
Oversight and the Director of the State Board of Morticians and Funeral Directors
to adopt regulations governing the performance of natural organic reduction;
prohibiting a person from using or disposing of soil remains produced by natural
organic reduction in a certain manner, including by using the soil to grow food for
consumption by humans or livestock; and generally relating to alkaline hydrolysis
and natural organic reduction.
BY repealing and reenacting, with amendments,
Article – Business Regulation
Section 5–101, 5–204(a), (b), and (k), 5–301, 5–302, 5–303, 5–306(a), 5–308, 5–310(a)
and (b), 5–401, 5–402, 5–403, 5–803, 5–902, and 5–903
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY adding to
Article – Business Regulation
Section 5–901(d)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 5–502, 5–503, 5–504, 5–508, 5–511(a) and (b), 5–512, 5–513, and 5–514
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 7–101(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – Health Occupations Ch. 600 2024 LAWS OF MARYLAND
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Section 7–101(a–1), (l–1), (s–1), (v–1), and (v–2), and (v–3)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 7–101(c–1), (h), (i), (l), (t), and (u), 7–102, 7–205(c), 7–406, and 7–505
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTE D BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
5–101.
(a) In this title the following words have the meanings indicated.
(B) “ALKALINE HYDROLYSIS ” MEANS THE PROCESS OF REDUCING HUMAN
REMAINS USING WATER , ALKALINE CHEMICALS , AND HEAT INSIDE A WA TERTIGHT
VESSEL TO ACCELERATE DECOMPOSITION .
(C) “AUTHORIZING AGENT ” HAS THE MEANING STAT ED IN § 5–508 OF THE
HEALTH – GENERAL ARTICLE.
[(b)] (D) (1) “Burial goods” means goods that are used in connection with
burial.
(2) “Burial goods” includes:
(i) a casket;
(ii) a grave liner;
(iii) a memorial;
(iv) a monument;
(v) a scroll;
(vi) an urn;
(vii) a vase; and
(viii) a vault. WES MOORE, Governor Ch. 600
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[(c)] (E) “Burial goods business” means a business that provides burial goods.
[(d)] (F) (1) “Cemetery” means land used or to be used for interment.
(2) “Cemetery” includes a structure used or to be used for interment.
[(e)] (G) “Cremation” means the [process of reducing human remains to bone
fragments through intense heat and evaporation, including any mechanical or thermal
process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION .
[(f)] (H) “Crematory” means a building, portion of a building, or structure that
houses the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS.
[(g)] (I) “Director” means the Director of the Office of Cemetery Oversight.
[(h)] (J) “Engage in the operation of a cemetery” means owning, controlling, or
managing a cemetery, including performing activities necessary for:
(1) the establishment, improvement, care, preservation, or embellishment
of a cemetery;
(2) interment; and
(3) the providing of burial space or burial goods.
[(i)] (K) (1) “Engage in the operation of a crematory” means controlling or
managing a crematory.
(2) “Engage in the operation of a crematory” does not include:
(i) the practice of funeral direction or the practice of mortuary
science; or
(ii) 1. assistance in making decisions and filling out forms that
are not directly related to cremation;
2. obtaining vital statistics, signatures, and other
information necessary to complete a death certificate;
3. transportation of a body to the place of disposition; or
4. any other services regarding the disposition of a body that
are not directly related to cremation.
Ch. 600 2024 LAWS OF MARYLAND
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(L) (1) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” MEANS
CONTROLLING OR MANAG ING A REDUCTION FACI LITY.
(2) “ENGAGE IN THE OPERATI ON OF A REDUCTION FACILITY” DOES
NOT INCLUDE:
(I) THE PRACTICE OF FUNE RAL DIRECTION OR THE PRACTICE
OF MORTUARY SCIENCE ; OR
(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLIN G OUT
FORMS THAT ARE NOT D IRECTLY RELATED TO N ATURAL ORGANIC REDUC TION;
2. OBTAINING VITAL STATISTICS , SIGNATURES, AND
OTHER INFORMATION NE CESSARY TO COMPLETE A DEATH CERTIFICATE ;
3. TRANSPORTATION OF A BODY TO THE PLACE OF
DISPOSITION; OR
4. ANY OTHER SERVICES R EGARDING THE DISPOSI TION
OF A BODY THAT ARE N OT DIRECTLY RELATED TO NATURAL ORGANIC REDU CTION.
[(j)] (M) “Funeral establishment” means a building, structure, or premises from
which the business of funeral directing or embalming is conducted.
[(k)] (N) (1) “Human remains” means:
(i) the body of a deceased person; or
(ii) a part of a body or limb that has been removed from a living
person.
(2) “Human remains” includes the body or part of a body or limb in any
state of decomposition.
(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS
PRODUCED AFTER THE C OMPLETION OF NATURAL ORGAN IC REDUCTION.
(O) “HYDROLYZED REMAINS ” MEANS THE BONE FRAGM ENTS PRODUCED BY
THE COMPLETION OF AL KALINE HYDROLYSIS .
[(l)] (P) “Interment” means all final disposition of human remains or pet
remains, including:
(1) earth burial; WES MOORE, Governor Ch. 600
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(2) mausoleum entombment; and
(3) niche or columbarium interment.
(Q) “NATURAL ORGANIC REDUC TION” MEANS THE CONTAINED
ACCELERATED CONVERSI ON OF HUMAN REMAINS INTO SOIL.
[(m)] (R) “Office” means the Office of Cemetery Oversight.
[(n)] (S) “Permit” means a permit issued by the Director to allow a partnership,
limited liability company, or corporation to operate a business through which a registrant
may:
(1) engage in the operation of a cemetery or crematory; or
(2) provide burial goods.
[(o)] (T) (1) “Pet remains” means the body of a deceased animal that was kept
as a pet.
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any
state of decomposition or the body of a pet after having been cremated.
[(p)] (U) (1) “Preneed goods” means burial goods that are sold before the
buyer’s death.
(2) “Preneed goods” does not include burial space.
[(q)] (V) “Provide burial goods” means a retail transaction:
(1) to erect, service, or inscribe burial memorials; or
(2) to sell burial goods.
(W) “REDUCTION FACILITY ” MEANS A BUILDING , PORTION OF A BUILDIN G,
OR STRUCTURE THAT HO USES THE NECESSARY A PPLIANCES, CONTAINERS, AND
FACILITIES FOR PERFO RMING NATURAL ORGANI C REDUCTION.
[(r)] (X) “Registered cemeterian” means an individual registered to operate a
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
[(s)] (Y) “Registered crematory operator” means an individual registered to
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.
Ch. 600 2024 LAWS OF MARYLAND
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(Z) “REGISTERED REDUCTION OPERATOR” MEANS AN INDIVIDUAL
REGISTERED TO OPERAT E A REDUCTION FACILI TY AS A SOLE PROPRIE TOR OR ON
BEHALF OF A SOLE PRO PRIETOR OR A PERMIT HOLDER.
[(t)] (AA) “Registered seller” means an individual registered to provide burial
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
[(u)] (BB) “Registration” means a registration issued by the Director authorizing
an individual to operate a cemetery, to operate a crematory, TO OPERATE A REDUCTI ON
FACILITY, or to provide burial goods.
[(v)] (CC) “Responsible party” means a sole proprietor or the individual
designated by a partnership, limited liability company, or corporation to be responsible for
the operations of a cemetery, crematory, REDUCTION FACILITY , or burial goods business.
(DD) “SOIL REMAINS” MEANS THE SOIL PRODU CED AT FINAL DISPOSI TION OF
A DEAD HUMAN BODY AT A REDUCTION FACILITY BY COMPLETION OF NAT URAL
ORGANIC REDUCTION .
5–204.
(a) (1) With the advice of the Advisory Council and after consultation with
representatives of the cemetery industry, the Director shall adopt:
(i) rules and regulations to carry out this title; and
(ii) a code of ethics for engaging in the operation of a cemetery [or],
crematory, OR REDUCTION FACILIT Y or providing burial goods.
(2) In conjunction with the State Board of Morticians and Funeral
Directors, the Director shall:
(i) establish a process for regulating crematories AND REDUCTION
FACILITIES that provides for:
1. registration of crematory operators AND REDUCTION
FACILITY OPERATORS or issuance of permits for operating crematories AND REDUCTION
FACILITIES, and renewal;
2. applications, including certification of ownership and
identification of individuals who will perform ALKALINE HYDROLYSIS , cremation, OR
NATURAL ORGANIC REDU CTION;
3. registration and permit fees; WES MOORE, Governor Ch. 600
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4. inspections and oversight;
5. grounds for discipline and penalties; and
6. complaints and hearings; and
(ii) adopt regulations that are identical to regulations adopted by the
State Board of Morticians and Funeral Directors to:
1. implement item (i) of this paragraph; and
2. ensure public health and safety.
(3) THE DIRECTOR SHALL ADOPT REGULATIONS THAT :
(I) REQUIRE A LICENSED FUNERAL EST ABLISHMENT OR
REGISTERED REDUCTION OPERATOR TO NOTIFY T HE AUTHORIZING AGENT IN
WRITING AND BEFORE I NITIATING NATURAL OR GANIC REDUCTION THAT A PERSON
IS PROHIBITED BY LAW FROM USING WHO USES OR DISPOSING DISPOSES OF SOIL
REMAINS UNDER IS IN VIOLATION OF § 5–514 OF THE HEALTH – GENERAL ARTICLE;
(II) REQUIRE A REDUCTION FACILITY TO MONITOR AND
RECORD WRITTEN VERIF ICATION THAT THE TEM PERATURE DURING EACH
INSTANCE OF A NATURA L ORGANIC REDUCTION PROCESS ATTAINS A SP ECIFIED
MINIMUM INTERNAL EQU IPMENT TEMPERATURE F OR A SPEC IFIED MINIMUM
PERIOD OF TIME;
(III) ESTABLISH APPROPRIAT E STANDARDS FOR TRAI NING AND
EXPERIENCE FOR THE R EGISTRATION OF REDUC TION OPERATORS ;
(IV) PROHIBIT THE USE OF NATURAL ORGANIC REDU CTION IN
ANY INSTANCE IN WHIC H THE HUMAN REMAINS ARE KNOWN , OR REASONABLY
SUSPECTED, TO BE EMBALMED OR TO HAVE AN INFECTION , DISEASE, OR
BIOLOGICAL CONDITION THAT RENDERS THE PRO CESS OF NATURAL ORGA NIC
REDUCTION OR THE RES ULTING SOIL REMAINS UNREASONABLY UNSAFE ,
INCLUDING:
1. CREUTZFELDT –JAKOB DISEASE OR OTHE R PRION
DISEASE;
2. EBOLA VIRUS INFECTION ;
3. MYCOBACTERIUM TUBERCU LOSIS INFECTION;
Ch. 600 2024 LAWS OF MARYLAND
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4. THE PRESENCE OF DIAG NOSTIC OR THERAPEUTI C
RADIOISOTOPES ; OR
5. ANY OTHER INFECTION , DISEASE, OR BIOLOGICAL
CONDITION IDENTIFIED BY THE DIRECTOR BASED ON THE REASONABLE
RECOMMENDATION OF A FEDERAL, STATE, OR LOCAL HEALTH AUTH ORITY;
(V) ESTABLISH A MANDATOR Y CONTAMINATION TEST ING
PROGRAM FOR REDUCTIO N FACILITIES TO ENSU RE THE SAFETY OF SOI L REMAINS
PRODUCED, INCLUDING THE FOLLOW ING MINIMUM PROGRAM ELEMENTS:
1. COLLECTING ROUTINE M ATERIAL SAMPLES FROM
SOIL REMAINS FOR ANA LYSIS USING:
A. A RELIABLE SAMPLING METHODOLOGY ; AND
B. AN APPROPRIATE FREQU ENCY OF SAMPLING , AS
RECOMMENDED OR APPRO VED BY THE U.S. COMPOSTING COUNCIL OR ANOTHER
RELIABLE SCIENTIFIC ADVISORY AUTHORITY;
2. RECORDING AND RETAIN ING THE RESULTS OF A N
ANALYSIS OF SAMPLES FROM THE SOIL REMAIN S CONDUCTED BY AN IN DEPENDENT
THIRD–PARTY LABORATORY TO IDENTIFY THE PRESENC E OF HEAVY METALS OR
MICROBIAL PATHOGENS ACCORDING TO THE A PPROPRIATE CONTAMINA TION
PARAMETERS FOR BIOSO LIDS SPECIFIED BY TH E U.S. ENVIRONMENTAL
PROTECTION AGENCY UNDER TITLE 40 C.F.R. PART 503, CHAPTER I,
SUBCHAPTER O;
3. CONDUCTING AN ANALYS IS FOR EACH PRODUCTI ON
OF SOIL REMAINS TO E NSURE THAT THE SOIL REMAINS CONTAIN LESS THA N 0.01
MG/KG DRY WEIGHT OF SPE CIFIC PHYSICAL CONTA MINANTS, WHICH MAY INCLUDE
INTACT BONE, DENTAL FILLINGS , AND MEDICAL IMPLANTS ;
4. ENSURING THAT NO SOI L REMAINS ARE RELEAS ED
UNTIL THE SOIL REMAI NS COMPLY WITH EACH OF THE APPLICABLE
CONTAMINATION TESTIN G PARAMETERS ; AND
5. PERIODIC REPORTING O F TESTING RESULTS TO
APPROPRIATE STATE AND LOCAL HEALT H AUTHORITIES THAT H AVE REQUESTED
THE RESULTS; AND
(VI) ESTABLISH ANY OTHER REASONABLE PROHIBITI ON, RULE,
OR REQUIREMENT THE DIRECTOR DETERMINES I S NECESSARY TO PROTE CT THE WES MOORE, Governor Ch. 600
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PUBLIC HEALTH AND SA FETY DURING THE PROC ESS OF NATURAL ORGAN IC
REDUCTION.
(b) Upon receipt of a written complaint, or at the discretion of the Director, the
Director or the Director’s designee may conduct an investigation and an inspection of the
records and site of a registered cemeterian, registered crematory operator, REGISTERED
REDUCTION OPERATOR , registered seller, permit holder, or any other person subject to
the registration or permit provisions of this title.
(k) In conjunction with the State Board of Morticians and the Division of
Consumer Protection of the Office of the Attorney General, the Director shall publish a
consumer information pamphlet that describes:
(1) the rights of consumers in the purchase of funeral, cemetery, [and]
crematory goods and services, AND NATURAL ORGANIC REDUCTION ; and
(2) any other information that the Director considers reasonably necessary
to aid consumers.
5–301.
An individual shall register with the Office before:
(1) engaging in the operation of a cemetery [or], crematory, OR
REDUCTION FACILITY in this State; or
(2) providing burial goods in this State.
5–302.
(a) In order to register, an applicant shall meet the requirements of this section.
(b) The applicant must be at least 18 years old.
(c) The applicant must be of good character and reputation.
(d) The applicant must be affiliated with a cemetery, crematory, REDUCTION
FACILITY, or burial goods business operated by a registrant or permit holder.
(e) The cemetery, crematory, REDUCTION FACILITY , or burial goods business
with which the applicant is affiliated must be financially stable in accordance with § 5–304
of this subtitle.
5–303.
(a) An applicant shall register by: Ch. 600 2024 LAWS OF MARYLAND
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(1) submitting to the Director an application on the form that the Director
provides; and
(2) paying a nonrefundable application fee set by the Director.
(b) The application shall state:
(1) the name, date of birth, and residential address of the applicant;
(2) the name and fixed address of the affiliated cemetery, crematory, or
burial goods business;
(3) whether the cemetery, crematory, REDUCTION FACILITY , or burial
goods business with which the applicant is affiliated is owned or controlled by a sole
proprietor, partnership, limited liability company, or corporation;
(4) if the applicant is designated as the responsible party, the name and
residential address of each employee who sells burial space, goods, or services to the public
for the business while engaging in the operation of a cemetery, crematory, REDUCTION
FACILITY, or burial goods business; and
(5) any other reasonable information that the Director determines is
necessary to carry out this title.
5–306.
(a) While a registration is in effect, it authorizes the registrant to engage in the
operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business.
5–308.
Within 1 week after the effective date of the change, the applicant designated as the
responsible party or the registered responsible party shall submit to the Director an
application form that shows a change in the:
(1) cemetery, crematory, REDUCTION FACILITY , or burial goods business
with which a registrant is affiliated;
(2) individual designated as the responsible party;
(3) employees of the business who engage in the sale of burial space, goods,
or services or cremation to the public;
(4) officers, directors, members, or agents of the permit holder; or
WES MOORE, Governor Ch. 600
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(5) name or address of the registrant or permit holder.
5–310.
(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may
deny a registration or permit to an applicant, reprimand a person subject to the registration
or permit provisions of this title, or suspend or revoke a registration or permit if an
applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner
of the applicant, registrant, or permit holder:
(1) fraudulently or deceptively obtains or attempts to obtain a registration
or permit;
(2) fraudulently or deceptively uses a registration or permit;
(3) under the laws of the United States or of any state, is convicted of a:
(i) felony; or
(ii) misdemeanor that is directly related to the fitness and
qualifications of the applicant, registrant, or permit holder to own or operate a cemetery
[or], crematory, OR REDUCTION FACILITY or provide burial goods;
(4) fails to provide or misrepresents any information required to be
provided under this title;
(5) violates this title;
(6) violates the code of ethics adopted by the Director;
(7) violates a regulation adopted under this title;
(8) fails to provide reasonable and adequate supervision of the operation of
the cemetery [or], crematory, OR REDUCTION FACILIT Y or the provision of burial goods
by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory,
REDUCTION FACILITY , or burial goods business;
(9) refuses to allow an inspection required by this title;
(10) fails to comply with an order of the Director;
(11) fails to comply with any terms of settlement under a binding arbitration
agreement;
(12) is found guilty by a court in this State of violating an unfair or deceptive
trade practices provision under Title 13 of the Commercial Law Article; or Ch. 600 2024 LAWS OF MARYLAND
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(13) fails to comply with § 5–513 of the Health – General Article.
(b) (1) If a person is charged with a violation of this title that could result in
suspension or revocation of a registration or permit, the Director may seek an immediate
restraining order in a circuit court in this State to prohibit the person from engaging in the
operation of any cemetery, crematory, REDUCTION FACILITY , or burial goods business.
(2) The restraining order is in effect until:
(i) the court lifts the order; or
(ii) the charges are adjudicated or dismissed.
5–401.
(a) Subject to the provisions of this section, a registered cemeterian, registered
crematory operator, REGISTERED REDUCTION OPERATOR, or registered seller may
engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods
business as a sole proprietor or through:
(1) a corporation as an officer, director, employee, or agent of the
corporation;
(2) a limited liability company as a member, employee, or agent of the
limited liability company; or
(3) a partnership as a partner, employee, or agent of the partnership.
(b) Subject to the provisions of this title, a corporation, limited liability company,
or partnership may engage in the operation of a cemetery, crematory, REDUCTION
FACILITY, or burial goods business through a registered cemeterian, registered crematory
operator, REGISTERED REDUCTION OPERATOR, or registered seller.
(c) (1) A registered cemeterian who engages in the operation of a cemetery
through a corporation, limited liability company, or partnership under this title is subject
to all of the provisions of this title that relate to engaging in the operation of a cemetery.
(2) A registered crematory operator who engages in the operation of a
crematory through a corporation, limited liability company, or partnership under this title
is subject to all of the provisions of this title that relate to engaging in the operation of a
crematory.
(3) A REGISTERED REDUCTION OPERATOR WHO ENGAGES IN THE
OPERATION OF A REDUC TION FACILITY THROUG H A CORPORATION , LIMITED WES MOORE, Governor Ch. 600
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LIABILITY COMPANY, OR PARTNERSHIP UNDER THIS TITLE IS SUBJEC T TO ALL THE
PROVISIONS OF THIS T ITLE THAT RELATE TO ENGAGING IN THE OPER ATION OF A
REDUCTION FACILITY .
[(3)] (4) A registered seller who engages in the operation of a burial goods
business through a corporation, limited liability company, or partnership under this title is
subject to all of the provisions of this title that relate to providing burial goods services.
(d) (1) A corporation, limited liability company, or partnership that engages in
the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business
under this title is not, by its compliance with this title, relieved of any responsibility that
the corporation, limited liability company, or partnership may have for an act or an
omission by its officer, director, member, partner, employee, or agent.
(2) An individual who engages in the operation of a cemetery, crematory,
REDUCTION FACILITY , or burial goods business through a corporation, limited liability
company, or partnership is not, by reason of the individual’s employment or other
relationship with the corporation, limited liability company, or partnership, relieved of any
individual responsibility that the individual may have regarding that practice.
5–402.
A corporation, limited liability company, or partnership shall obtain a permit issued
by the Director, before the corporation, limited liability company, or partnership may
engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods
business in the State.
5–403.
To qualify for a permit, a corporation, limited liability company, or partnership shall:
(1) designate a separate registered cemeterian, registered crematory
operator, REGISTERED REDUCTION OPERATOR, or registered seller as the responsible
party for the operations of each affiliated cemetery, crematory, REDUCTION FACILITY , or
burial goods business;
(2) provide the name and business address of each affiliated cemetery,
crematory, REDUCTION FACILITY , or burial goods business;
(3) provide a list of the officers, directors, members, partners, agents, and
employees of the entity applying for the permit; and
(4) comply with §§ 5–303(b)(4) and 5–304 of this title.
5–803.
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(a) (1) In this section the following words have the meanings indicated.
(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of
21 became permanently incapable of self–support because of physical or mental disability.
(3) (i) “Identifying information” means data required by a veterans
service organization to verify the eligibility of a veteran or an eligible dependent for burial
in a national or state veterans cemetery.
(ii) “Identifying information” includes name, service number, Social
Security number, date of birth, date of death, place of birth, and copy of the death
certificate.
(4) “Veteran” has the meaning stated in § 9–901 of the State Government
Article.
(5) “Veterans service organization” means an association or other entity
organized for the benefit of veterans that has been recognized by the U.S. Department of
Veterans Affairs or chartered by Congress and any employee or representative of the
association or entity.
(b) (1) If a licensed funeral establishment or a crematory is in possession of
cremated human remains OR HYDROLYZED REMAIN S that have been unclaimed for 90
days or more, the licensed funeral establishment or holder of the permit for the business of
operating a crematory shall provide identifying information of the unclaimed cremains OR
HYDROLYZED REMAINS to a veterans service organization in order for the veterans
service organization to determine if the unclaimed cremains OR HYDROLYZED REMAIN S
are those of a veteran or an eligible dependent.
(2) (I) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT APPLY
IF:
1. AN AUTHORIZING AGENT DIRECTS OTHERWISE ; OR
2. A LICENSED FUNERAL EST ABLISHMENT OR
REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIFYING
INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR
DISPOSITION BENEFITS ASSOCIATED WITH VETE RANS STATUS.
(II) A LICENSED FUNERAL EST ABLISHMENT OR REDUCTION
FACILITY IN POSSESSI ON OF HUMAN REMAINS THAT ARE BEING PROCE SSED BY
NATURAL ORGANIC REDU CTION SHALL PROVIDE IDENTIFYING INFORMAT ION TO A
VETERANS SERVICE ORG ANIZATION WITHIN 5 BUSINESS DAYS AFTER NATURAL WES MOORE, Governor Ch. 600
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ORGANIC REDUCTION IS INITIATED TO DETERMI NE IF THE SOIL REMAI NS ARE
THOSE OF A VETERAN O R AN ELIGIBLE DEPEND ENT.
(c) Within 45 days after receipt of the information required by subsection (b) of
this section, the veterans service organization shall notify the licensed funeral
establishment [or], permit holder, OR REDUCTION FACILIT Y:
(1) whether the cremains, HYDROLYZED REMAINS , OR SOIL REMAINS
are those of a veteran or an eligible dependent; and
(2) if so, whether the veteran or eligible dependent is eligible for burial in
a veterans cemetery.
(d) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a veteran
or an eligible dependent, the licensed funeral establishment or permit holder may transfer
the cremains to a veterans service organization for the purpose of disposition of the
cremains OR HYDROLYZED REMAIN S.
(E) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN O R AN
ELIGIBLE DEPENDENT , THE LICENSED FUNERAL EST ABLISHMENT OR REDUCTION
FACILITY MAY:
(1) TRANSFER A PORTION O F THE SOIL REMAINS N OT EXCEEDING 300
CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION TH AT GRANTS
PERMISSION FOR THE PURPOSE OF DISPO SITION; AND
(2) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER THE
BALANCE OF SOIL REMA INS TO A CEMETERY OR THE OWNER OF A WOODL AND
PROTECTED UNDER THE FOREST CONSERVATION ACT.
5–901.
(D) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITLE, AN INDIVIDUAL MAY
NOT ENGAGE IN THE OP ERATION OF A REDUCTI ON FACILITY, ATTEMPT TO ENGAGE
IN THE OPERATION OF A REDUCTION FACILITY , OR PROVIDE OR OFFER TO PROVIDE
NATURAL ORGANIC REDU CTION UNLESS THE IND IVIDUAL IS A REGISTE RED
REDUCTION OPERATOR .
5–902.
Except for a registered cemeterian, registered crematory operator, REGISTERED
REDUCTION OPERATOR , or registered seller who operates a business as a sole proprietor
or a registrant employed by a sole proprietor, a person may not engage in the operation of
a cemetery, crematory, REDUCTION FACILITY , or burial goods business unless:
Ch. 600 2024 LAWS OF MARYLAND
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(1) the business is a corporation, limited liability company, or partnership;
and
(2) the corporation, limited liability company, or partnership holds a
permit issued under this title.
5–903.
Unless a person is authorized as a registrant, a person may not represent to the
public, by use of a title, including cemeterian, registered cemeterian, crematory operator,
registered crematory operator, REGISTERED REDUCTION OPERATOR, burial goods seller,
or registered seller, by description of services, methods, or procedures, or otherwise, that
the person is authorized to engage in the operation of a cemetery [or], crematory, OR
REDUCTION FACILITY or provide burial goods.
Article – Health – General
5–502.
(a) This section does not apply to the disposition of a body by a school of medicine
or dentistry.
(b) Except as otherwise provided in this section, a person may not cremate OR
INITIATE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION OF a body until
it has been identified by:
(1) The next of kin;
(2) A person who is authorized to arrange for final disposition of the body
under §§ 5–508 through 5–512 of this subtitle; or
(3) A medical examiner.
(c) If a person who is authorized to arrange for final disposition of a body is not
available to identify the body and authorize cremation, REDUCTION BY ALKALIN E
HYDROLYSIS, OR NATURAL ORGANIC R EDUCTION, that person may delegate that
authority to another person by sending to the delegate an electronic communication that
contains the name, address, and relationship of the sender to the deceased and the name
and address of the individual to whom authority is delegated. Written authorization shall
follow by mail but does not take precedence over the electronic communication authorizing
the identification and cremation.
5–503.
WES MOORE, Governor Ch. 600
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A person may not cremate OR INITIATE ALKALINE HYDROLYSIS OR NATURA L
ORGANIC REDUCTION OF a body until at least 12 hours after death.
5–504.
A person may not transport a body to a crematory OR REDUCTION FACILIT Y
without using a cot and pouch or receptacle.
5–508.
(a) In this subtitle the following words have the meanings indicated.
(B) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
[(b)] (C) “Authorizing agent” means the individual who has legal authority to
arrange for and make decisions regarding the final disposition of a dead human body,
including by cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGA NIC REDUCTION .
[(c)] (D) “Cremation” means the disposition of a dead human body by means of
incineration.
[(d)] (E) “Crematory” [is a building in which cremations are performed] HAS
THE MEANING STATED I N § 5–101 OF THE BUSINESS REGULATION ARTICLE.
[(e)] (F) “Decedent” means a dead human being.
(G) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN §
5–101 OF THE BUSINESS REGULATION ARTICLE.
[(f)] (H) “Practitioner” means a person who is licensed by the State as a funeral
director, mortician, or surviving spouse licensee to practice mortuary science.
[(g)] (I) “Pre–need contract” means an agreement prior to the time of death
between a consumer and a practitioner to provide any goods and services regarding the
final disposition of a dead human body.
(J) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
(K) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
5–511.
Ch. 600 2024 LAWS OF MARYLAND
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(a) A practitioner and an operator of a crematory OR REDUCTION FACILITY may
rely on the representations made by an authorizing agent and are not guarantors of the
reliability of those representations.
(b) A practitioner and an operator of a crematory OR REDUCTION FACILIT Y have
no responsibility to contact or to independently investigate the existence of any next of kin
of the decedent.
5–512.
(a) A practitioner or an operator of a crematory OR REDUCTION FACILIT Y may
not require an authorizing agent to obtain appointment as personal representative of the
decedent’s estate as a condition precedent to making final arrangements or authorizing
cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION of a decedent.
(b) A person may not authorize cremation, ALKALINE HYDROLYSIS , OR
NATURAL ORGANIC REDU CTION when a decedent has left instructions in a document that
the decedent does not wish to be cremated OR BE SUBJECT TO ALK ALINE HYDROLYSIS
OR NATURAL ORGANIC R EDUCTION.
5–513.
(a) On taking custody of the body of a decedent in accordance with all
authorizations required by law, a funeral establishment [or], crematory, OR REDUCTION
FACILITY shall maintain the body in a manner that provides for complete coverage of the
body and prevents leakage or spillage except during:
(1) Identification, embalming, or preparation of an unembalmed body for
final disposition;
(2) Restoration and dressing of a body in preparation for final disposition;
[and]
(3) IF APPLICABLE, PLACEMENT INSIDE A CONTAINED CHAMBER OR
VESSEL WITHOUT AN EX TERNAL VISUAL EXPOSU RE DURING THE PROCES S OF
ALKALINE HYDROLYSIS OR NATURAL ORGANIC R EDUCTION; AND
[(3)] (4) Viewing during a visitation or funeral service.
(b) If the unembalmed body of a decedent is to be stored for more than 48 hours
before final disposition, a funeral establishment [or], crematory, OR REDUCTION
FACILITY shall maintain the body with refrigeration and at a temperature determined by
regulation.
WES MOORE, Governor Ch. 600
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(c) (1) If a funeral establishment [or], crematory, OR REDUCTION FACILIT Y
cannot secure the body of a decedent or cannot store the body as required in subsection (b)
of this section due to an unforeseen circumstance, the funeral establishment [or],
crematory, OR REDUCTION FACILIT Y shall notify the State Board of Morticians and
Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange
for the final disposition of the body under § 5–509 of this subtitle.
(2) The notification required under paragraph (1) of this subsection shall:
(i) Be made within 24 hours after the occurrence of the unforeseen
circumstance; and
(ii) Include the name and location of the facility where the body is
being transferred, the reason for the transfer, and the method of storage.
(d) The body of a decedent may not be embalmed or artificially preserved without:
(1) The express permission of the person authorized to arrange for the final
disposition of the body under § 5–509 of this subtitle; or
(2) A court order.
(e) A funeral establishment [or], crematory, OR REDUCTION FACILIT Y shall
store the body of a decedent until final disposition at:
(1) A funeral establishment licensed under Title 7 of the Health
Occupations Article;
(2) A crematory OR REDUCTION FACILIT Y licensed under Title 7 of the
Health Occupations Article;
(3) A crematory OR REDUCTION FACILIT Y permitted under Title 5 of the
Business Regulation Article; or
(4) Another facility that has passed an inspection with the State Board of
Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2
years.
(f) A funeral establishment, crematory, REDUCTION FACILITY , or
transportation service may not transport or store the body of a decedent together with
animal remains in the same confined space.
(g) (1) Except as provided in paragraph (2) of this subsection, while the body
of a decedent is in the custody of a funeral establishment [or], crematory, OR REDUCTION
FACILITY in the State, the body may not be transported for preparation or storage to a Ch. 600 2024 LAWS OF MARYLAND
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facility that is not within the jurisdiction of the State, licensed by the State Board of
Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight.
(2) The body of a decedent may be transported for preparation or storage
to a facility that is not within the jurisdiction of the State, licensed by the State Board of
Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if:
(i) The facility has entered into a written agreement with the State
Board of Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the
State to make unannounced inspections of the facility; and
(ii) The person authorized to arrange for the final disposition of the
body under § 5–509 of this subtitle:
1. Has given written permission for the body to be
transported to the facility; or
2. A. Has given oral permission for the body to be
transported to the facility; and
B. Within 36 hours after giving oral permission, provides
written verification of the oral permission.
5–514.
(a) An individual may not bury or dispose of a body except:
(1) In a family burial plot or other area allowed by a local ordinance;
(2) In a crematory;
(3) In a cemetery;
(4) IN A REDUCTION FACILI TY;
(5) By donating the body to medical science; or
[(5)] (6) By removing the body to another state for final disposition in
accordance with the laws of the other state.
(B) A PERSON MAY NOT USE O R DISPOSE OF SOIL REMAINS PROD UCED BY
NATURAL ORGANIC REDU CTION:
(1) ON PUBLIC OR PRIVATE PROPERTY WITHOUT THE PRIOR
WRITTEN PERMISSION O F: WES MOORE, Governor Ch. 600
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(I) THE OWNER OF THE PUBL IC PROPERTY;
(II) THE SURVIVING OWNERS OF PUBLIC RECORD OF THE
PRIVATE PROPERTY ; OR
(III) IF THE DECEDENT WAS S OLE OWNER OF THE PRO PERTY AT
DEATH, THE AUTHORIZING AGEN T;
(2) BY USING THE SOIL REMAINS TO GROW FOOD FOR CON SUMPTION
BY HUMANS OR LIVESTO CK;
(3) BY SELLING OR RESELLI NG THE SOIL REMAINS TO A THIRD
PARTY; OR
(4) BY COMBINING OR INCOR PORATING THE SOIL REMAINS INTO
COMPOST OFFERED FOR SALE TO CONSUMERS OR FOR COMMERCIAL OR
AGRICULTURAL PURCHAS ERS.
(C) UNLESS A FUNERAL ESTA BLISHMENT OR CEMETER Y HAS OTHERWISE
AGREED IN WRITING , A REDUCTION FACILITY THAT PRODUCES SOI L REMAINS IS
RESPONSIBLE FOR PROV IDING FOR THE FINAL DISPOSITION AND DISP OSAL OF THE
SOIL REMAINS IN ACCO RDANCE WITH WRITTEN DIRECTION GIVEN BY A N
AUTHORIZING AGENT .
(D) EXCEPT FOR ACTS OF GR OSS NEGLIGENCE OR RE CKLESS DISREGARD OF
THE PROHIBITIONS UND ER SUBSECTION (B) OF THIS SECTION, A PRACTITIONER OR
REDUCTION FACILITY O PERATOR IS NOT LIABL E FOR:
(1) TRANSFERRING POSSESSI ON OF SOIL REMAINS A T A REDUCTION
FACILITY; OR
(2) DELIVERING SOIL REMAI NS TO ANOTHER LOCATI ON ACCORDING
TO THE WRITTEN DIREC TION PROVIDED BY AN AU THORIZING AGENT .
[(b)] (E) An individual who violates this section is guilty of a misdemeanor and
on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000
or both.
Article – Health Occupations
7–101.
(a) In this title the following words have the meanings indicated. Ch. 600 2024 LAWS OF MARYLAND
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(A–1) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
(c–1) “Authorizing agent” means the individual who has legal authority to arrange
for and make decisions regarding the final disposition of a dead human body, including by
cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION HAS THE
MEANING STATED IN § 5–508 OF THE HEALTH – GENERAL ARTICLE.
(h) “Cremation” means [the process of reducing human remains to bone
fragments through intense heat and evaporation, including any mechanical or thermal
process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION .
(i) “Crematory” means a building, portion of a building, or structure that houses
the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS.
(l) (1) “Human remains” means:
(i) The body of a deceased person; or
(ii) A part of a body or limb that has been removed from a living
person.
(2) “Human remains” includes the body or part of a body or limb in any
state of decomposition.
(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS
PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC RED UCTION.
(L–1) “HYDROLYZED REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
(S–1) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN §
5–101 OF THE BUSINESS REGULATION ARTICLE.
(t) (1) “Practice funeral direction” means:
(i) To operate a funeral establishment;
(ii) For compensation, to prepare a dead human body for disposition;
or
(iii) For compensation, to arrange for or make final disposition of a
dead human body.
WES MOORE, Governor Ch. 600
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(2) “Practice funeral direction” does not include:
(i) For compensation, disinfecting or preserving a dead human body
or any of its parts by arterial or cavity injection or any other type of preservation; or
(ii) The business of operating a crematory OR REDUCTION
FACILITY.
(u) (1) “Practice mortuary science” means:
(i) To operate a funeral establishment;
(ii) For compensation, to prepare a dead human body for disposition;
or
(iii) For compensation, to arrange for or make final disposition of a
dead human body.
(2) “Practice mortuary science” includes:
(i) The practice of funeral direction; and
(ii) Disinfecting or preserving a dead human body or any of its parts
by arterial or cavity injection.
(3) “Practice mortuary science” does not include:
(i) The pickup, removal, or transportation of a dead human body, if
the unlicensed individual is acting under the direction of a licensed mortician or funeral
director; or
(ii) The business of operating a crematory OR REDUCTION
FACILITY.
(V–1) “REDUCTION FACIL ITY” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
(V–2) “REGISTERED REDUCTION OPERATOR” HAS THE MEANING STAT ED IN §
5–101 OF THE BUSINESS REGULATION ARTICLE.
(V–3) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE
BUSINESS REGULATION ARTICLE.
7–102.
Ch. 600 2024 LAWS OF MARYLAND
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(a) This title does not limit the right of an individual to practice a health
occupation that the individual is authorized to practice under this article.
(b) (1) In this subsection, “registrant or permit holder” means a person
regulated under Title 5 of the Business Regulation Article as a registered cemeterian,
REGISTERED REDUCTION OPERATOR, registered seller, or holder of a permit to operate
a cemetery, REDUCTION FACILITY, or burial goods business.
(2) This title does not apply to:
(i) The business of operating a cemetery, including the sale of
cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults;
(ii) The ownership of a crematory OR REDUCTION FACILITY or the
business of operating a crematory OR REDUCTION FACILIT Y in which:
1. A registrant or permit holder owns a greater percentage of
the crematory OR REDUCTION FACILIT Y than a person licensed under this title;
2. Ownership is equal between a registrant or permit holder
and a person licensed under this title; or
3. Neither a registrant, permit holder, or person licensed
under this title has an ownership interest in the crematory OR REDUCTION FACILIT Y; or
(iii) The ownership of a crematory or the business of operating a
crematory or incinerator at a licensed medical facility or educational institution.
7–205.
(c) In conjunction with the Office of Cemetery Oversight, the Board shall:
(1) Establish a process for regulating crematories AND REDUCTION
FACILITIES that provides for:
(i) Registration of crematory operators AND REDUCTION
OPERATORS or issuance of permits for operating crematories AND REDUCTION
FACILITIES, and renewal;
(ii) Applications, including certification of ownership and
identification of individuals who will perform cremation, ALKALINE HYDROLYSIS , OR
NATURAL ORGANIC REDU CTION;
(iii) Registration or permit fees;
WES MOORE, Governor Ch. 600
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(iv) Inspections and oversight;
(v) Grounds for discipline and penalties; and
(vi) Complaints and hearings; and
(2) Adopt regulations that are identical to regulations adopted by the
Director of the Office of Cemetery Oversight to:
(i) Implement item (1) of this subsection; and
(ii) Ensure public health and safety; AND
(III) MEET THE REQUIREMENTS OF § 5–204(A)(3) OF THE
BUSINESS REGULATION ARTICLE.
7–406.
(a) A licensee shall maintain a complete file [of a] FOR EACH cremation AND
EACH ALKALINE HYDROL YSIS OR NATURAL ORGA NIC REDUCTION THAT IS INITIATED
that includes the signature of the next of kin, person identifying the body, or person
responsible for disposition, time of death, and the date and time of cremation OR THE TIME
THAT THE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION WA S
INITIATED.
(b) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) “Eligible dependent” means a veteran’s spouse, a veteran’s
unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before
the age of 21 became permanently incapable of self–support because of physical or mental
disability.
(iii) 1. “Identifying information” means data required by a
veterans service organization to verify the eligibility of a veteran or an eligible dependent
for burial in a national or state veterans cemetery.
2. “Identifying information” includes name, service number,
Social Security number, date of birth, date of death, place of birth, and copy of the death
certificate.
(iv) “Veteran” has the meaning stated in § 9–901 of the State
Government Article.
(v) “Veterans service organization” means an association or other
entity organized for the benefit of veterans that has been recognized by the U.S. Ch. 600 2024 LAWS OF MARYLAND
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Department of Veterans Affairs or chartered by Congress and an y employee or
representative of the association or entity.
(2) (I) If a licensed funeral establishment [or], a crematory, OR A
REDUCTION FACILITY is in possession of cremated human remains OR HYDROLYZED
REMAINS that have been unclaimed for 90 days or more, the licensed funeral establishment
or holder of the permit for the business of operating a crematory shall provide identifying
information of the unclaimed cremains OR HYDROLYZED REMAIN S to a veterans service
organization in order for the veterans service organization to determine if the unclaimed
cremains are those of a veteran or an eligible dependent.
(II) 1. SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH DOES
NOT APPLY IF:
A. AN AUTHORIZING AGENT DIRECTS OTHERWISE; OR
B. A LICENSED FUNERAL EST ABLISHMENT OR
REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING
INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR
DISPOSITION BENEFITS ASSOCIATED WITH VETE RAN STATUS.
2. A LICENSED FUNERAL ESTABLI SHMENT OR
REDUCTION FACILITY I N POSSESSION OF HUMA N REMAINS THAT ARE B EING
PROCESSED BY NATURAL ORGANIC REDUCTION SH ALL PROVIDE IDENTIFY ING
INFORMATION TO A VET ERANS SERVICE ORGANI ZATION WITHIN 5 BUSINESS DAYS
AFTER NATURAL ORGANI C REDUCTION IS INITIATED T O DETERMINE IF THE S OIL
REMAINS ARE THOSE OF A VETERAN OR AN ELIG IBLE DEPENDENT .
(3) Within 45 days after receipt of the information required under
paragraph (2) of this subsection, the veterans service organization shall notify the licensed
funeral establishment [or], permit holder, OR REDUCTION FACILIT Y:
(i) Whether the cremains, HYDROLYZED REMAINS , OR SOIL
REMAINS are those of a veteran or an eligible dependent; and
(ii) If so, whether the veteran or eligible dependent is eligible for
burial in a veterans cemetery.
(4) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a
veteran or an eligible dependent, the licensed funeral establishment or permit holder may
transfer the cremains OR HYDROLYZED REMAIN S to a veterans service organization for
the purpose of the appropriate disposition of the cremains OR HYDROLYZED REMAINS .
WES MOORE, Governor Ch. 600
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(5) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR
ELIGIBLE DEPENDENT , THE LICENSED FUNERAL EST ABLISHMENT OR REDUCTION
FACILITY MAY:
(I) TRANSFER A PORTION OF THE SOIL REMAINS NOT
EXCEEDING 300 CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION
THAT GRANTS PERMISSI ON FOR THE PURPOSE O F DISPOSITION; AND
(II) IF AUTHORIZED , TRANSFER THE BALANCE OF THE SOIL
REMAINS TO A CE METERY OR THE OWNER OF A WOODLAND PROTEC TED UNDER THE
FOREST CONSERVATION ACT.
[(5)] (6) If a veterans service organization does not take possession of
unclaimed cremains OR HYDROLYZED REMAIN S OR THE PORTION OF UN CLAIMED SOIL
REMAINS that qualify for a plot in a State veterans’ cemetery under § 9–906 of the State
Government Article within 10 days after the licensed funeral establishment, REDUCTION
FACILITY, or permit holder receives the notification required under paragraph (3) of this
subsection, the licensed funeral establishment, REDUCTION FACILITY , or permit holder
shall:
(i) Notify the Department of Veterans Affairs of the status of the
cremains, OR HYDROLYZED REMAINS , OR PORTION OF SOIL R EMAINS for the purpose
of the appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION
OF SOIL REMAINS; [and]
(ii) Transfer the cremains, OR HYDROLYZED REMAINS , OR
PORTION OF SOIL REMAINS to the Department of Veterans Affairs for the purpose of the
appropriate disposition of the cremains, OR HYDROLYZED REMAINS , OR PORTION OF
SOIL REMAINS; AND.
(7) IF A VETERANS SERVICE ORGANIZATION DOES NO T TAKE
POSSESSION OF A PORT ION OF UNCLAIMED SOI L REMAINS UNDER PARA GRAPH (5)(I)
OF THIS SUBSECTION THAT QUALIFIES FOR A PLOT IN A STATE VETERANS ’
CEMETERY UNDER § 9–906 OF THE STATE GOVERNMENT ARTICLE WITHIN 10 DAYS
AFTER THE REDUCTION FACILITY RECEIVES TH E NOTIFICATION REQUI RED UNDER
PARAGRAPH (3) OF THIS SUBSECTION , THE REDUCTION FACILI TY SHALL:
(I) NOTIFY THE DEPARTMENT OF VETERANS AFFAIRS OF THE
STATUS OF THE SOIL R EMAINS FOR THE PURPO SE OF THE APPROPRIAT E
DISPOSITION OF THE P ORTION OF SOIL REMAI NS;
(II) TRANSFER THE PORTION OF SOIL REMAINS TO T HE
DEPARTMENT OF VETERANS AFFAIRS FOR THE PURPO SE OF THE APPROPRIATE
DISPOSITION OF THE P ORTION OF THE SOIL R EMAINS; AND Ch. 600 2024 LAWS OF MARYLAND
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(III) IF AUTHORIZED BY THE CEMETERY OR O WNER, TRANSFER
THE BALANCE OF THE S OIL REMAINS TO A CEM ETERY OR THE OWNER O F A
WOODLAND PROTECTED U NDER THE FOREST CONSERVATION ACT.
7–505.
A licensee or the agent of a licensee may not represent that a burial or funeral casket
is required for cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.