EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1028*
SENATE BILL 1028
C2, J1, J2 4lr3238
CF HB 1168
By: Senator Waldstreicher
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Human Remains – Alkaline Hydrolysis and Natural Organic Reduction 2
(Green Death Care Options Act) 3
FOR the purpose of establishing a regulatory system for reduction operators and reduction 4
facilities; establishing requirements and prohibitions related to the performance of 5
alkaline hydrolysis and natural organic reduction and the disposition of hydrolyzed 6
or soil remains by certain facilities; requiring the Director of the State Board of 7
Morticians and Funeral Directors to adopt regulations governing the performance of 8
natural organic reduction; prohibiting a person from using or disposing of soil 9
remains produced by natural organic reduction in a certain manner, including by 10
using the soil to grow food for consumption by humans or livestock; and generally 11
relating to alkaline hydrolysis and natural organic reduction. 12
BY repealing and reenacting, with amendments, 13
Article – Business Regulation 14
Section 5–101, 5–204(a), (b), and (k), 5–301, 5–302, 5–303, 5–306(a), 5–308, 5–310(a) 15
and (b), 5–401, 5–402, 5–403, 5–803, 5–902, and 5–903 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2023 Supplement) 18
BY adding to 19
Article – Business Regulation 20
Section 5–901(d) 21
Annotated Code of Maryland 22
(2015 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Health – General 25
Section 5–502, 5–503, 5–504, 5–508, 5–511(a) and (b), 5–512, 5–513, and 5–514 26
Annotated Code of Maryland 27
(2023 Replacement Volume) 28 2 SENATE BILL 1028
BY repealing and reenacting, without amendments, 1
Article – Health Occupations 2
Section 7–101(a) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Health Occupations 7
Section 7–101(a–1), (l–1), (s–1), (v–1), and (v–2) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Health Occupations 12
Section 7–101(c–1), (h), (i), (l), (t), and (u), 7–102, 7–205(c), 7–406, and 7–505 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Business Regulation 18
5–101. 19
(a) In this title the following words have the meanings indicated. 20
(B) “ALKALINE HYDROLYSIS ” MEANS THE PROCESS OF REDUCING HUMAN 21
REMAINS USING WATER , ALKALINE CHEMICALS , AND HEAT INSIDE A WA TERTIGHT 22
VESSEL TO ACCELERATE DECOMPOSITION . 23
(C) “AUTHORIZING AGENT ” HAS THE MEANING STAT ED IN § 5–508 OF THE 24
HEALTH – GENERAL ARTICLE. 25
[(b)] (D) (1) “Burial goods” means goods that are used in connection with 26
burial. 27
(2) “Burial goods” includes: 28
(i) a casket; 29
(ii) a grave liner; 30
(iii) a memorial; 31
SENATE BILL 1028 3
(iv) a monument; 1
(v) a scroll; 2
(vi) an urn; 3
(vii) a vase; and 4
(viii) a vault. 5
[(c)] (E) “Burial goods business” means a business that provides burial goods. 6
[(d)] (F) (1) “Cemetery” means land used or to be used for interment. 7
(2) “Cemetery” includes a structure used or to be used for interment. 8
[(e)] (G) “Cremation” means the [process of reducing human remains to bone 9
fragments through intense heat and evaporation, including any mechanical or thermal 10
process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION . 11
[(f)] (H) “Crematory” means a building, portion of a building, or structure that 12
houses the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS. 13
[(g)] (I) “Director” means the Director of the Office of Cemetery Oversight. 14
[(h)] (J) “Engage in the operation of a cemetery” means owning, controlling, or 15
managing a cemetery, including performing activities necessary for: 16
(1) the establishment, improvement, care, preservation, or embellishment 17
of a cemetery; 18
(2) interment; and 19
(3) the providing of burial space or burial goods. 20
[(i)] (K) (1) “Engage in the operation of a crematory” means controlling or 21
managing a crematory. 22
(2) “Engage in the operation of a crematory” does not include: 23
(i) the practice of funeral direction or the practice of mortuary 24
science; or 25
(ii) 1. assistance in making decisions and filling out forms that 26
are not directly related to cremation; 27
4 SENATE BILL 1028
2. obtaining vital statistics, signatures, and other 1
information necessary to complete a death certificate; 2
3. transportation of a body to the place of disposition; or 3
4. any other services regarding the disposition of a body that 4
are not directly related to cremation. 5
(L) (1) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” MEANS 6
CONTROLLIN G OR MANAGING A REDU CTION FACILITY. 7
(2) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” DOES 8
NOT INCLUDE: 9
(I) THE PRACTICE OF FUNE RAL DIRECTION OR THE PRACTICE 10
OF MORTUARY SCIENCE ; OR 11
(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLIN G OUT 12
FORMS THAT ARE NOT D IRECTLY RELATED TO N ATURAL ORGANIC REDUC TION; 13
2. OBTAINING VITAL STAT ISTICS, SIGNATURES, AND 14
OTHER INFORMATION NE CESSARY TO COMPLETE A DEATH CERTIFICATE ; 15
3. TRANSPORTATION OF A BODY TO THE PLACE OF 16
DISPOSITION; OR 17
4. ANY OTHER SERVICES REGAR DING THE DISPOSITION 18
OF A BODY THAT ARE N OT DIRECTLY RELATED TO NATURAL ORGANIC R EDUCTION. 19
[(j)] (M) “Funeral establishment” means a building, structure, or premises from 20
which the business of funeral directing or embalming is conducted. 21
[(k)] (N) (1) “Human remains” means: 22
(i) the body of a deceased person; or 23
(ii) a part of a body or limb that has been removed from a living 24
person. 25
(2) “Human remains” includes the body or part of a body or limb in any 26
state of decomposition. 27
(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS 28
PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC REDUCTION . 29
SENATE BILL 1028 5
(O) “HYDROLYZED REMAINS ” MEANS THE BONE FRAGM ENTS PRODUCED BY 1
THE COMPLETION OF AL KALINE HYDROLYSIS . 2
[(l)] (P) “Interment” means all final disposition of human remains or pet 3
remains, including: 4
(1) earth burial; 5
(2) mausoleum entombment; and 6
(3) niche or columbarium interment. 7
(Q) “NATURAL ORGANIC REDUC TION” MEANS THE CONTAINED 8
ACCELERATED CONVERSI ON OF HUMAN REMAINS INTO SOIL. 9
[(m)] (R) “Office” means the Office of Cemetery Oversight. 10
[(n)] (S) “Permit” means a permit issued by the Director to allow a partnership, 11
limited liability company, or corporation to operate a business through which a registrant 12
may: 13
(1) engage in the operation of a cemetery or crematory; or 14
(2) provide burial goods. 15
[(o)] (T) (1) “Pet remains” means the body of a deceased animal that was kept 16
as a pet. 17
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 18
state of decomposition or the body of a pet after having been cremated. 19
[(p)] (U) (1) “Preneed goods” means burial goods that are sold before the 20
buyer’s death. 21
(2) “Preneed goods” does not include burial space. 22
[(q)] (V) “Provide burial goods” means a retail transaction: 23
(1) to erect, service, or inscribe burial memorials; or 24
(2) to sell burial goods. 25
(W) “REDUCTION FACILITY ” MEANS A BUILDING , PORTION OF A BUILDIN G, 26
OR STRUCTURE THAT HO USES THE NECESSARY A PPLIANCES, CONTAINERS, AND 27
FACILITIES FOR PERFORMING NATUR AL ORGANIC REDUCTION . 28
6 SENATE BILL 1028
[(r)] (X) “Registered cemeterian” means an individual registered to operate a 1
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 2
[(s)] (Y) “Registered crematory operator” means an individual registered to 3
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 4
(Z) “REGISTERED REDUCTION OPERATOR” MEANS AN INDIVIDUAL 5
REGISTERED TO OPERAT E A REDUCTION FACILI TY AS A SOLE PROPRIE TOR OR ON 6
BEHALF OF A SOLE PROPRIE TOR OR A PERMIT HOLD ER. 7
[(t)] (AA) “Registered seller” means an individual registered to provide burial 8
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 9
[(u)] (BB) “Registration” means a registration issued by the Director authorizing 10
an individual to operate a cemetery, to operate a crematory, TO OPERATE A REDUCTI ON 11
FACILITY, or to provide burial goods. 12
[(v)] (CC) “Responsible party” means a sole proprietor or the individual 13
designated by a partnership, limited liability company, or corporation to be responsible for 14
the operations of a cemetery, crematory, REDUCTION FACILITY , or burial goods business. 15
(DD) “SOIL REMAINS” MEANS THE SOIL PRODU CED AT FINAL DISPOSI TION OF 16
A DEAD HUMAN BODY AT A REDUCTION FACILITY BY CO MPLETION OF NATURAL 17
ORGANIC REDUCTION . 18
5–204. 19
(a) (1) With the advice of the Advisory Council and after consultation with 20
representatives of the cemetery industry, the Director shall adopt: 21
(i) rules and regulations to carry out this title; and 22
(ii) a code of ethics for engaging in the operation of a cemetery [or], 23
crematory, OR REDUCTION FACILIT Y or providing burial goods. 24
(2) In conjunction with the State Board of Morticians and Funeral 25
Directors, the Director shall: 26
(i) establish a process for regulating crematories AND REDUCTION 27
FACILITIES that provides for: 28
1. registration of crematory operators AND REDUCTION 29
FACILITY OPERATORS or issuance of permits for operating crematories AND REDUCTION 30
FACILITIES, and renewal; 31
SENATE BILL 1028 7
2. applications, including certification of ownership and 1
identification of individuals who will perform ALKALINE HYDROLYSIS , cremation, OR 2
NATURAL ORGANIC REDU CTION; 3
3. registration and permit fees; 4
4. inspections and oversight; 5
5. grounds for discipline and penalties; and 6
6. complaints and hearings; and 7
(ii) adopt regulations that are identical to regulations adopted by the 8
State Board of Morticians and Funeral Directors to: 9
1. implement item (i) of this paragraph; and 10
2. ensure public health and safety. 11
(3) THE DIRECTOR SHALL ADOPT REGULATIONS THAT : 12
(I) REQUIRE A LICENSED F UNERAL ESTABLISHMENT OR 13
REGISTERED REDUCTION OPERATOR TO NOTIFY T HE AUTHORIZING AGENT IN 14
WRITING AND BEFORE I NITIATING NATURAL OR GANIC REDUCTION THAT A PER SON 15
IS PROHIBITED BY LAW FROM USING OR DISPOS ING OF SOIL REMAINS UNDER § 16
5–514 OF THE HEALTH – GENERAL ARTICLE; 17
(II) REQUIRE A REDUCTION FACILITY TO MONITOR AND 18
RECORD WRITTEN VERIF ICATION THAT THE TEM PERATURE DURING EACH 19
INSTANCE OF A NATURAL ORGANIC REDUCTION PROCESS AT TAINS A SPECIFIED 20
MINIMUM INTERNAL EQU IPMENT TEMPERATURE F OR A SPECIFIED MINIM UM 21
PERIOD OF TIME; 22
(III) ESTABLISH APPROPRIAT E STANDARDS FOR TRAI NING AND 23
EXPERIENCE FOR THE R EGISTRATION OF REDUC TION OPERATORS ; 24
(IV) PROHIBIT THE USE OF NATURAL ORGANIC REDU CTION IN 25
ANY INSTANCE IN WHIC H THE HUMAN REMAINS ARE KNOWN , OR REASONABLY 26
SUSPECTED, TO BE EMBALMED OR TO HAVE AN INFECTION , DISEASE, OR 27
BIOLOGICAL CONDITION THAT RENDERS THE PRO CESS OF NATURAL ORGA NIC 28
REDUCTION OR THE RESULTING SOIL REMAINS UNREASO NABLY UNSAFE , 29
INCLUDING: 30
1. CREUTZFELDT –JAKOB DISEASE OR OTHE R PRION 31
DISEASE; 32 8 SENATE BILL 1028
2. EBOLA VIRUS INFECTION ; 1
3. MYCOBACTERIUM TUBERCU LOSIS INFECTION; 2
4. THE PRESENCE OF DIAG NOSTIC OR THERAPEUTI C 3
RADIOISOTOPES; OR 4
5. ANY OTHER INFECTION , DISEASE, OR BIOLOGICAL 5
CONDITION IDENTIFIED BY THE DIRECTOR BASED ON THE REASONABLE 6
RECOMMENDATION OF A FEDERAL, STATE, OR LOCAL HEALTH AUTH ORITY; 7
(V) ESTABLISH A MANDATOR Y CONTAMINATION TEST ING 8
PROGRAM FOR REDU CTION FACILITIES TO ENSURE THE SAFETY OF SOIL REMAINS 9
PRODUCED, INCLUDING THE FOLLOW ING MINIMUM PROGRAM ELEMENTS: 10
1. COLLECTING ROUTINE M ATERIAL SAMPLES FROM 11
SOIL REMAINS FOR ANA LYSIS USING: 12
A. A RELIABLE SAMPLING METHODOLOGY ; AND 13
B. AN APPR OPRIATE FREQUENCY OF SAMPLING, AS 14
RECOMMENDED OR APPRO VED BY THE U.S. COMPOSTING COUNCIL OR ANOTHER 15
RELIABLE SCIENTIFIC ADVISORY AUTHORITY ; 16
2. RECORDING AND RETAIN ING THE RESULTS OF A N 17
ANALYSIS OF SAMPLES FROM THE SOIL REMAIN S CONDUCTED BY AN IN DEPENDENT 18
THIRD–PARTY LABORATORY TO IDENTIFY THE PRESENC E OF HEAVY METALS OR 19
MICROBIAL PATHOGENS ACCORDING TO THE APP ROPRIATE CONTAMINATI ON 20
PARAMETERS FOR BIOSO LIDS SPECIFIED BY TH E U.S. ENVIRONMENTAL 21
PROTECTION AGENCY UNDER TITLE 40 C.F.R. PART 503, CHAPTER I, 22
SUBCHAPTER O; 23
3. CONDUCTING AN ANALYS IS FOR EACH PRODUCTI ON 24
OF SOIL REMAINS TO E NSURE THAT THE SOIL REMAINS CONTAIN LESS THAN 0.01 25
MG/KG DRY WEIGHT OF SPE CIFIC PHYSICAL CONTA MINANTS, WHICH MAY INCLUDE 26
INTACT BONE, DENTAL FILLINGS , AND MEDICAL IMPLANTS ; 27
4. ENSURING THAT NO SOI L REMAINS ARE RELEAS ED 28
UNTIL THE SOIL REMAI NS COMPLY WITH EACH OF THE APPLICABLE 29
CONTAMINATION TESTIN G PARAMETERS ; AND 30
SENATE BILL 1028 9
5. PERIODIC REPORTING O F TESTING RESULTS TO 1
APPROPRIATE STATE AND LOCAL HEALT H AUTHORITIES THAT H AVE REQUESTED 2
THE RESULTS; AND 3
(VI) ESTABLISH ANY OTHER REASONABLE PROHIBITI ON, RULE, 4
OR REQUIREMENT THE DIRECTOR DETERMINES I S NECESSARY TO PROTE CT THE 5
PUBLIC HEALTH AND SA FETY DURING THE PROC ESS OF NATURAL ORGAN IC 6
REDUCTION. 7
(b) Upon receipt of a written complaint, or at the discretion of the Director, the 8
Director or the Director’s designee may conduct an investigation and an inspection of the 9
records and site of a registered cemeterian, registered crematory operator, REGISTERED 10
REDUCTION OPERATOR , registered seller, permit holder, or any other person subject to 11
the registration or permit provisions of this title. 12
(k) In conjunction with the State Board of Morticians and the Division of 13
Consumer Protection of the Office of the Attorney General, the Director shall publish a 14
consumer information pamphlet that describes: 15
(1) the rights of consumers in the purchase of funeral, cemetery, [and] 16
crematory goods and services, AND NATURAL ORGANIC REDUCTION ; and 17
(2) any other information that the Director considers reasonably necessary 18
to aid consumers. 19
5–301. 20
An individual shall register with the Office before: 21
(1) engaging in the operation of a cemetery [or], crematory, OR 22
REDUCTION FACILITY in this State; or 23
(2) providing burial goods in this State. 24
5–302. 25
(a) In order to register, an applicant shall meet the requirements of this section. 26
(b) The applicant must be at least 18 years old. 27
(c) The applicant must be of good character and reputation. 28
(d) The applicant must be affiliated with a cemetery, crematory, REDUCTION 29
FACILITY, or burial goods business operated by a registrant or permit holder. 30
10 SENATE BILL 1028
(e) The cemetery, crematory, REDUCTION FACILITY , or burial goods business 1
with which the applicant is affiliated must be financially stable in accordance with § 5–304 2
of this subtitle. 3
5–303. 4
(a) An applicant shall register by: 5
(1) submitting to the Director an application on the form that the Director 6
provides; and 7
(2) paying a nonrefundable application fee set by the Director. 8
(b) The application shall state: 9
(1) the name, date of birth, and residential address of the applicant; 10
(2) the name and fixed address of the affiliated cemetery, crematory, or 11
burial goods business; 12
(3) whether the cemetery, crematory, REDUCTION FACILITY , or burial 13
goods business with which the applicant is affiliated is owned or controlled by a sole 14
proprietor, partnership, limited liability company, or corporation; 15
(4) if the applicant is designated as the responsible party, the name and 16
residential address of each employee who sells burial space, goods, or services to the public 17
for the business while engaging in the operation of a cemetery, crematory, REDUCTION 18
FACILITY, or burial goods business; and 19
(5) any other reasonable information that the Director determines is 20
necessary to carry out this title. 21
5–306. 22
(a) While a registration is in effect, it authorizes the registrant to engage in the 23
operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business. 24
5–308. 25
Within 1 week after the effective date of the change, the applicant designated as the 26
responsible party or the registered responsible party shall submit to the Director an 27
application form that shows a change in the: 28
(1) cemetery, crematory, REDUCTION FACILITY , or burial goods business 29
with which a registrant is affiliated; 30
SENATE BILL 1028 11
(2) individual designated as the responsible party; 1
(3) employees of the business who engage in the sale of burial space, goods, 2
or services or cremation to the public; 3
(4) officers, directors, members, or agents of the permit holder; or 4
(5) name or address of the registrant or permit holder. 5
5–310. 6
(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may 7
deny a registration or permit to an applicant, reprimand a person subject to the registration 8
or permit provisions of this title, or suspend or revoke a registration or permit if an 9
applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner 10
of the applicant, registrant, or permit holder: 11
(1) fraudulently or deceptively obtains or attempts to obtain a registration 12
or permit; 13
(2) fraudulently or deceptively uses a registration or permit; 14
(3) under the laws of the United States or of any state, is convicted of a: 15
(i) felony; or 16
(ii) misdemeanor that is directly related to the fitness and 17
qualifications of the applicant, registrant, or permit holder to own or operate a cemetery 18
[or], crematory, OR REDUCTION FACILITY or provide burial goods; 19
(4) fails to provide or misrepresents any information required to be 20
provided under this title; 21
(5) violates this title; 22
(6) violates the code of ethics adopted by the Director; 23
(7) violates a regulation adopted under this title; 24
(8) fails to provide reasonable and adequate supervision of the operation of 25
the cemetery [or], crematory, OR REDUCTION FACILIT Y or the provision of burial goods 26
by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory, 27
REDUCTION FACILITY , or burial goods business; 28
(9) refuses to allow an inspection required by this title; 29
(10) fails to comply with an order of the Director; 30 12 SENATE BILL 1028
(11) fails to comply with any terms of settlement under a binding arbitration 1
agreement; 2
(12) is found guilty by a court in this State of violating an unfair or deceptive 3
trade practices provision under Title 13 of the Commercial Law Article; or 4
(13) fails to comply with § 5–513 of the Health – General Article. 5
(b) (1) If a person is charged with a violation of this title that could result in 6
suspension or revocation of a registration or permit, the Director may seek an immediate 7
restraining order in a circuit court in this State to prohibit the person from engaging in the 8
operation of any cemetery, crematory, REDUCTION FACILITY , or burial goods business. 9
(2) The restraining order is in effect until: 10
(i) the court lifts the order; or 11
(ii) the charges are adjudicated or dismissed. 12
5–401. 13
(a) Subject to the provisions of this section, a registered cemeterian, registered 14
crematory operator, REGISTERED REDUCTION OPERATOR, or registered seller may 15
engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods 16
business as a sole proprietor or through: 17
(1) a corporation as an officer, director, employee, or agent of the 18
corporation; 19
(2) a limited liability company as a member, employee, or agent of the 20
limited liability company; or 21
(3) a partnership as a partner, employee, or agent of the partnership. 22
(b) Subject to the provisions of this title, a corporation, limited liability company, 23
or partnership may engage in the operation of a cemetery, crematory, REDUCTION 24
FACILITY, or burial goods business through a registered cemeterian, registered crematory 25
operator, REGISTERED REDUCTION OPERATOR, or registered seller. 26
(c) (1) A registered cemeterian who engages in the operation of a cemetery 27
through a corporation, limited liability company, or partnership under this title is subject 28
to all of the provisions of this title that relate to engaging in the operation of a cemetery. 29
(2) A registered crematory operator who engages in the operation of a 30
crematory through a corporation, limited liability company, or partnership under this title 31 SENATE BILL 1028 13
is subject to all of the provisions of this title that relate to engaging in the operation of a 1
crematory. 2
(3) A REGISTERED REDUCTION OPERATOR WHO ENGAGES IN THE 3
OPERATION OF A REDUC TION FACILITY THROUG H A CORPORATION , LIMITED 4
LIABILITY COMPANY, OR PARTNERSHIP UNDER THIS TITLE IS SUBJEC T TO ALL THE 5
PROVISIONS OF THIS T ITLE THAT RELATE TO ENGAGING IN THE OPER ATION OF A 6
REDUCTION FACILITY . 7
[(3)] (4) A registered seller who engages in the operation of a burial goods 8
business through a corporation, limited liability company, or partnership under this title is 9
subject to all of the provisions of this title that relate to providing burial goods services. 10
(d) (1) A corporation, limited liability company, or partnership that engages in 11
the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods business 12
under this title is not, by its compliance with this title, relieved of any responsibility that 13
the corporation, limited liability company, or partnership may have for an act or an 14
omission by its officer, director, member, partner, employee, or agent. 15
(2) An individual who engages in the operation of a cemetery, crematory, 16
REDUCTION FACILITY , or burial goods business through a corporation, limited liability 17
company, or partnership is not, by reason of the individual’s employment or other 18
relationship with the corporation, limited liability company, or partnership, relieved of any 19
individual responsibility that the individual may have regarding that practice. 20
5–402. 21
A corporation, limited liability company, or partnership shall obtain a permit issued 22
by the Director, before the corporation, limited liability company, or partnership may 23
engage in the operation of a cemetery, crematory, REDUCTION FACILITY , or burial goods 24
business in the State. 25
5–403. 26
To qualify for a permit, a corporation, limited liability company, or partnership shall: 27
(1) designate a separate registered cemeterian, registered crematory 28
operator, REGISTERED REDUCTION OPERATOR, or registered seller as the responsible 29
party for the operations of each affiliated cemetery, crematory, REDUCTION FACILITY , or 30
burial goods business; 31
(2) provide the name and business address of each affiliated cemetery, 32
crematory, REDUCTION FACILITY , or burial goods business; 33
(3) provide a list of the officers, directors, members, partners, agents, and 34
employees of the entity applying for the permit; and 35 14 SENATE BILL 1028
(4) comply with §§ 5–303(b)(4) and 5–304 of this title. 1
5–803. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried 4
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 5
21 became permanently incapable of self–support because of physical or mental disability. 6
(3) (i) “Identifying information” means data required by a veterans 7
service organization to verify the eligibility of a veteran or an eligible dependent for burial 8
in a national or state veterans cemetery. 9
(ii) “Identifying information” includes name, service number, Social 10
Security number, date of birth, date of death, place of birth, and copy of the death 11
certificate. 12
(4) “Veteran” has the meaning stated in § 9–901 of the State Government 13
Article. 14
(5) “Veterans service organization” means an association or other entity 15
organized for the benefit of veterans that has been recognized by the U.S. Department of 16
Veterans Affairs or chartered by Congress and any employee or representative of the 17
association or entity. 18
(b) (1) If a licensed funeral establishment or a crematory is in possession of 19
cremated human remains OR HYDROLYZED REMAIN S that have been unclaimed for 90 20
days or more, the licensed funeral establishment or holder of the permit for the business of 21
operating a crematory shall provide identifying information of the unclaimed cremains OR 22
HYDROLYZED REMAINS to a veterans service organization in order for the veterans 23
service organization to determine if the unclaimed cremains OR HYDROLYZED REMAIN S 24
are those of a veteran or an eligible dependent. 25
(2) (I) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT APPLY 26
IF: 27
1. AN AUTHORIZI NG AGENT DIRECTS OTH ERWISE; OR 28
2. A LICENSED FUNERAL E STABLISHMENT OR 29
REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING 30
INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR 31
DISPOSITION BENEFITS ASSOCIATED WITH VETE RANS STATUS. 32
SENATE BILL 1028 15
(II) A LICENSED FUNERAL EST ABLISHMENT OR REDUCT ION 1
FACILITY IN POSSESSI ON OF HUMAN REMAINS THAT ARE BEING PROCE SSED BY 2
NATURAL ORGANIC REDU CTION SHALL PROVIDE IDENTIFYING INFORMAT ION TO A 3
VETERANS SERVICE ORG ANIZATION WITHIN 5 BUSINESS DAYS AFTER NATURAL 4
ORGANIC REDUCTION IS INITIATED TO DETERMI NE IF THE SOIL REMAI NS ARE 5
THOSE OF A VETERAN O R AN ELIGIBLE DEPEND ENT. 6
(c) Within 45 days after receipt of the information required by subsection (b) of 7
this section, the veterans service organization shall notify the licensed funeral 8
establishment [or], permit holder, OR REDUCTION FACILIT Y: 9
(1) whether the cremains, HYDROLYZED REMAINS , OR SOIL REMAINS 10
are those of a veteran or an eligible dependent; and 11
(2) if so, whether the veteran or eligible dependent is eligible for burial in 12
a veterans cemetery. 13
(d) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a veteran 14
or an eligible dependent, the licensed funeral establishment or permit holder may transfer 15
the cremains to a veterans service organization for the purpose of disposition of the 16
cremains OR HYDROLYZED REMAIN S. 17
(E) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR AN 18
ELIGIBLE DEPENDENT , THE LICENSED FUNERAL ESTABLISHMENT OR RED UCTION 19
FACILITY MAY: 20
(1) TRANSFER A PORTION OF THE SOIL REMAINS NOT EXCEEDING 300 21
CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION TH AT GRANTS 22
PERMISSION FOR THE P URPOSE OF DISPOSITIO N; AND 23
(2) IF AUTHORIZED , TRANSFER THE BALANCE OF SOIL REMAINS TO A 24
CEMETERY OR THE OWNE R OF A WOODLAND PROTECTED UNDER THE FOREST 25
CONSERVATION ACT. 26
5–901. 27
(D) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, AN INDIVIDUAL MAY 28
NOT ENGAGE IN THE OP ERATION OF A REDUCTI ON FACILITY, ATTEMPT TO ENGAGE 29
IN THE OPERATION OF A REDUCTION FACILITY , OR PROVIDE OR OFFER TO PROVIDE 30
NATURAL ORGANIC REDU CTION UNLESS THE IND IVIDUAL IS A REGISTE RED 31
REDUCTION OPERATOR . 32
5–902. 33
16 SENATE BILL 1028
Except for a registered cemeterian, registered crematory operator, REGISTERED 1
REDUCTION OPERATOR , or registered seller who operates a business as a sole proprietor 2
or a registrant employed by a sole proprietor, a person may not engage in the operation of 3
a cemetery, crematory, REDUCTION FACILITY , or burial goods business unless: 4
(1) the business is a corporation, limited liability company, or partnership; 5
and 6
(2) the corporation, limited liability company, or partnership holds a 7
permit issued under this title. 8
5–903. 9
Unless a person is authorized as a registrant, a person may not represent to the 10
public, by use of a title, including cemeterian, registered cemeterian, crematory operator, 11
registered crematory operator, REGISTERED REDUCTION OPERATOR, burial goods seller, 12
or registered seller, by description of services, methods, or procedures, or otherwise, that 13
the person is authorized to engage in the operation of a cemetery [or], crematory, OR 14
REDUCTION FACILITY or provide burial goods. 15
Article – Health – General 16
5–502. 17
(a) This section does not apply to the disposition of a body by a school of medicine 18
or dentistry. 19
(b) Except as otherwise provided in this section, a person may not cremate OR 20
INITIATE ALKALINE HY DROLYSIS OR NATURAL REDUCTION OF a body until it has been 21
identified by: 22
(1) The next of kin; 23
(2) A person who is authorized to arrange for final disposition of the body 24
under §§ 5–508 through 5–512 of this subtitle; or 25
(3) A medical examiner. 26
(c) If a person who is authorized to arrange for final disposition of a body is not 27
available to identify the body and authorize cremation, REDUCTION BY ALKALIN E 28
HYDROLYSIS, OR NATURA L ORGANIC REDUCTION , that person may delegate that 29
authority to another person by sending to the delegate an electronic communication that 30
contains the name, address, and relationship of the sender to the deceased and the name 31
and address of the individual to whom authority is delegated. Written authorization shall 32
follow by mail but does not take precedence over the electronic communication authorizing 33
the identification and cremation. 34 SENATE BILL 1028 17
5–503. 1
A person may not cremate OR INITIATE ALKALINE HYDROLYSIS OR N ATURAL 2
ORGANIC REDUCTION OF a body until at least 12 hours after death. 3
5–504. 4
A person may not transport a body to a crematory OR REDUCTION FACILIT Y 5
without using a cot and pouch or receptacle. 6
5–508. 7
(a) In this subtitle the following words have the meanings indicated. 8
(B) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 9
BUSINESS REGULATION ARTICLE. 10
[(b)] (C) “Authorizing agent” means the individual who has legal authority to 11
arrange for and make decisions regarding the final disposition of a dead human body, 12
including by cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION. 13
[(c)] (D) “Cremation” means the disposition of a dead human body by means of 14
incineration. 15
[(d)] (E) “Crematory” [is a building in which cremations are performed] HAS 16
THE MEANING STATED I N § 5–101 OF THE BUSINESS REGULATION ARTICLE. 17
[(e)] (F) “Decedent” means a dead human being. 18
(G) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN § 19
5–101 OF THE BUSINESS REGULATION ARTICLE. 20
[(f)] (H) “Practitioner” means a person who is licensed by the State as a funeral 21
director, mortician, or surviving spouse licensee to practice mortuary science. 22
[(g)] (I) “Pre–need contract” means an agreement prior to the time of death 23
between a consumer and a practitioner to provide any goods and services regarding the 24
final disposition of a dead human body. 25
(J) “REDUCTION FACILITY ” HAS THE MEANING STAT ED IN § 5–101 OF THE 26
BUSINESS REGULATION ARTICLE. 27
(K) “SOIL REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 28
BUSINESS REGULATION ARTICLE. 29 18 SENATE BILL 1028
5–511. 1
(a) A practitioner and an operator of a crematory OR REDUCTION FACILIT Y may 2
rely on the representations made by an authorizing agent and are not guarantors of the 3
reliability of those representations. 4
(b) A practitioner and an operator of a crematory OR REDUCTION FACILIT Y have 5
no responsibility to contact or to independently investigate the existence of any next of kin 6
of the decedent. 7
5–512. 8
(a) A practitioner or an operator of a crematory OR REDUCTION FACILITY may 9
not require an authorizing agent to obtain appointment as personal representative of the 10
decedent’s estate as a condition precedent to making final arrangements or authorizing 11
cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION of a decedent. 12
(b) A person may not authorize cremation, ALKALINE HYDROLYSIS , OR 13
NATURAL ORGANIC REDU CTION when a decedent has left instructions in a document that 14
the decedent does not wish to be cremated OR BE SUBJECT TO ALK ALINE HYDROLYSIS 15
OR NATURAL ORGANI C REDUCTION . 16
5–513. 17
(a) On taking custody of the body of a decedent in accordance with all 18
authorizations required by law, a funeral establishment [or], crematory, OR REDUCTION 19
FACILITY shall maintain the body in a manner that provides for complete coverage of the 20
body and prevents leakage or spillage except during: 21
(1) Identification, embalming, or preparation of an unembalmed body for 22
final disposition; 23
(2) Restoration and dressing of a body in preparation for final disposition; 24
[and] 25
(3) IF APPLICABLE, PLACEMENT INSIDE A C ONTAINED CHAMBER OR 26
VESSEL WITHOUT AN EX TERNAL VISUAL EXPOSU RE DURING THE PROCES S OF 27
ALKALINE HYDROLYSIS OR NATURAL ORGANIC R EDUCTION; AND 28
[(3)] (4) Viewing during a visitation or funeral service. 29
(b) If the unembalmed body of a decedent is to be stored for more than 48 hours 30
before final disposition, a funeral establishment [or], crematory, OR REDUCTION 31 SENATE BILL 1028 19
FACILITY shall maintain the body with refrigeration and at a temperature determined by 1
regulation. 2
(c) (1) If a funeral establishment [or], crematory, OR REDUCTION FACILIT Y 3
cannot secure the body of a decedent or cannot store the body as required in subsection (b) 4
of this section due to an unforeseen circumstance, the funeral establishment [or], 5
crematory, OR REDUCTION FACILIT Y shall notify the State Board of Morticians and 6
Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange 7
for the final disposition of the body under § 5–509 of this subtitle. 8
(2) The notification required under paragraph (1) of this subsection shall: 9
(i) Be made within 24 hours after the occurrence of the unforeseen 10
circumstance; and 11
(ii) Include the name and location of the facility where the body is 12
being transferred, the reason for the transfer, and the method of storage. 13
(d) The body of a decedent may not be embalmed or artificially preserved without: 14
(1) The express permission of the person authorized to arrange for the final 15
disposition of the body under § 5–509 of this subtitle; or 16
(2) A court order. 17
(e) A funeral establishment [or], crematory, OR REDUCTION FACILIT Y shall 18
store the body of a decedent until final disposition at: 19
(1) A funeral establishment licensed under Title 7 of the Health 20
Occupations Article; 21
(2) A crematory OR REDUCTION FACILIT Y licensed under Title 7 of the 22
Health Occupations Article; 23
(3) A crematory OR REDUCTION FACILIT Y permitted under Title 5 of the 24
Business Regulation Article; or 25
(4) Another facility that has passed an inspection with the State Board of 26
Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2 27
years. 28
(f) A funeral establishment, crematory, REDUCTION FACILITY , or 29
transportation service may not transport or store the body of a decedent together with 30
animal remains in the same confined space. 31
20 SENATE BILL 1028
(g) (1) Except as provided in paragraph (2) of this subsection, while the body 1
of a decedent is in the custody of a funeral establishment [or], crematory, OR REDUCTION 2
FACILITY in the State, the body may not be transported for preparation or storage to a 3
facility that is not within the jurisdiction of the State, licensed by the State Board of 4
Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight. 5
(2) The body of a decedent may be transported for preparation or storage 6
to a facility that is not within the jurisdiction of the State, licensed by the State Board of 7
Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if: 8
(i) The facility has entered into a written agreement with the State 9
Board of Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the 10
State to make unannounced inspections of the facility; and 11
(ii) The person authorized to arrange for the final disposition of the 12
body under § 5–509 of this subtitle: 13
1. Has given written permission for the body to be 14
transported to the facility; or 15
2. A. Has given oral permission for the body to be 16
transported to the facility; and 17
B. Within 36 hours after giving oral permission, provides 18
written verification of the oral permission. 19
5–514. 20
(a) An individual may not bury or dispose of a body except: 21
(1) In a family burial plot or other area allowed by a local ordinance; 22
(2) In a crematory; 23
(3) In a cemetery; 24
(4) IN A REDUCTION FACILI TY; 25
(5) By donating the body to medical science; or 26
[(5)] (6) By removing the body to another state for final disposition in 27
accordance with the laws of the other state. 28
(B) A PERSON MAY NOT USE O R DISPOSE OF SOIL RE MAINS PRODUCED BY 29
NATURAL ORGANIC REDU CTION: 30
SENATE BILL 1028 21
(1) ON PUBLIC OR PRIVATE PROPERTY WITHOUT THE PRIOR 1
WRITTEN PERMISSION O F: 2
(I) THE OWNER OF THE PUBL IC PROPERTY; 3
(II) THE SURVIVING OWNERS OF THE PRIVATE PROPE RTY; OR 4
(III) IF THE DECEDENT WAS S OLE OWNER OF THE PRO PERTY AT 5
DEATH, THE AUTHORIZING AGEN T; 6
(2) BY USING THE SOIL TO GROW FOOD FOR CONSUM PTION BY 7
HUMANS OR LIVESTOCK ; 8
(3) BY SELLING OR RESELLI NG THE SOIL TO A THI RD PARTY; OR 9
(4) BY COMBINING OR INCOR PORATING THE SOIL IN TO COMPOST 10
OFFERED FOR SALE TO CONSUMERS OR FOR COM MERCIAL OR AGRICULTU RAL 11
PURCHASERS . 12
(C) UNLESS A FUNERAL ESTA BLISHMENT OR CEMETER Y HAS OTHERWISE 13
AGREED IN WRITING , A REDUCTION FACILITY THAT PRODUCES SOI L REMAINS IS 14
RESPONSIBLE FOR PROV IDING FOR THE FINAL DISPOSITION AND DISP OSAL OF THE 15
SOIL REMAINS IN ACCO RDANCE WITH WRITTEN DIRECTION GIVEN BY A N 16
AUTHORIZING AGENT . 17
(D) EXCEPT FOR ACTS OF GR OSS NEGLIGENCE OR RE CKLESS DISREGARD OF 18
THE PROHIBITIONS UND ER SUBSECTION (B) OF THIS SECTION, A PRACTITIONER OR 19
REDUCTION FACILITY O PERATOR IS NOT LIABL E FOR: 20
(1) TRANSFERRING POSSESSI ON OF SOIL REMAINS A T A REDUCTION 21
FACILITY; OR 22
(2) DELIVERING SOIL REMAI NS TO ANOTHER LOCATI ON ACCORDING 23
TO THE WRITTEN DIREC TION PROVIDED BY AN AU THORIZING AGENT . 24
[(b)] (E) An individual who violates this section is guilty of a misdemeanor and 25
on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 26
or both. 27
Article – Health Occupations 28
7–101. 29
(a) In this title the following words have the meanings indicated. 30 22 SENATE BILL 1028
(A–1) “ALKALINE HYDROLYSIS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 1
BUSINESS REGULATION ARTICLE. 2
(c–1) “Authorizing agent” means the individual who has legal authority to arrange 3
for and make decisions regarding the final disposition of a dead human body, including by 4
cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION. 5
(h) “Cremation” means [the process of reducing human remains to bone 6
fragments through intense heat and evaporation, including any mechanical or thermal 7
process] DISPOSITION OF A DEA D HUMAN BODY BY MEAN S OF INCINERATION . 8
(i) “Crematory” means a building, portion of a building, or structure that houses 9
the necessary appliances and facilities for cremation OR ALKALINE HYDROLYS IS. 10
(l) (1) “Human remains” means: 11
(i) The body of a deceased person; or 12
(ii) A part of a body or limb that has been removed from a living 13
person. 14
(2) “Human remains” includes the body or part of a body or limb in any 15
state of decomposition. 16
(3) “HUMAN REMAINS ” DOES NOT INCLUDE SOI L REMAINS 17
PRODUCED AFTER THE C OMPLETION OF NATURAL ORGANIC REDUCTION. 18
(L–1) “HYDROLYZED REMAINS ” HAS THE MEANING STAT ED IN § 5–101 OF THE 19
BUSINESS REGULATION ARTICLE. 20
(S–1) “NATURAL ORGANIC REDUC TION” HAS THE MEANING STAT ED IN § 21
5–101 OF THE BUSINESS REGULATION ARTICLE. 22
(t) (1) “Practice funeral direction” means: 23
(i) To operate a funeral establishment; 24
(ii) For compensation, to prepare a dead human body for disposition; 25
or 26
(iii) For compensation, to arrange for or make final disposition of a 27
dead human body. 28
(2) “Practice funeral direction” does not include: 29
SENATE BILL 1028 23
(i) For compensation, disinfecting or preserving a dead human body 1
or any of its parts by arterial or cavity injection or any other type of preservation; or 2
(ii) The business of operating a crematory OR REDUCTION 3
FACILITY. 4
(u) (1) “Practice mortuary science” means: 5
(i) To operate a funeral establishment; 6
(ii) For compensation, to prepare a dead human body for disposition; 7
or 8
(iii) For compensation, to arrange for or make final disposition of a 9
dead human body. 10
(2) “Practice mortuary science” includes: 11
(i) The practice of funeral direction; and 12
(ii) Disinfecting or preserving a dead human body or any of its parts 13
by arterial or cavity injection. 14
(3) “Practice mortuary science” does not include: 15
(i) The pickup, removal, or transportation of a dead human body, if 16
the unlicensed individual is acting under the direction of a licensed mortician or funeral 17
director; or 18
(ii) The business of operating a crematory OR REDUCTION 19
FACILITY. 20
(V–1) “REDUCTION FACI LITY” HAS THE MEANING STAT ED IN § 5–101 OF THE 21
BUSINESS REGULATION ARTICLE. 22
(V–2) “REGISTERED REDUCTION OPERATOR” HAS THE MEANING STAT ED IN § 23
5–101 OF THE BUSINESS REGULATION ARTICLE. 24
7–102. 25
(a) This title does not limit the right of an individual to practice a health 26
occupation that the individual is authorized to practice under this article. 27
(b) (1) In this subsection, “registrant or permit holder” means a person 28
regulated under Title 5 of the Business Regulation Article as a registered cemeterian, 29 24 SENATE BILL 1028
REGISTERED REDUCTION OPERATOR, registered seller, or holder of a permit to operate 1
a cemetery, REDUCTION FACILITY , or burial goods business. 2
(2) This title does not apply to: 3
(i) The business of operating a cemetery, including the sale of 4
cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults; 5
(ii) The ownership of a crematory OR REDUCTION FACILIT Y or the 6
business of operating a crematory OR REDUCTION FACILIT Y in which: 7
1. A registrant or permit holder owns a greater percentage of 8
the crematory OR REDUCTION FACILIT Y than a person licensed under this title; 9
2. Ownership is equal between a registrant or permit holder 10
and a person licensed under this title; or 11
3. Neither a registrant, permit holder, or person licensed 12
under this title has an ownership interest in the crematory OR REDUCTION FACILIT Y; or 13
(iii) The ownership of a crematory or the business of operating a 14
crematory or incinerator at a licensed medical facility or educational institution. 15
7–205. 16
(c) In conjunction with the Office of Cemetery Oversight, the Board shall: 17
(1) Establish a process for regulating crematories AND REDUCTION 18
FACILITIES that provides for: 19
(i) Registration of crematory operators AND REDUCTION 20
OPERATORS or issuance of permits for operating crematories AND REDUCTION 21
FACILITIES, and renewal; 22
(ii) Applications, including certification of ownership and 23
identification of individuals who will perform cremation, ALKALINE HYDROLYSIS , OR 24
NATURAL ORGANIC REDU CTION; 25
(iii) Registration or permit fees; 26
(iv) Inspections and oversight; 27
(v) Grounds for discipline and penalties; and 28
(vi) Complaints and hearings; and 29
SENATE BILL 1028 25
(2) Adopt regulations that are identical to regulations adopted by the 1
Director of the Office of Cemetery Oversight to: 2
(i) Implement item (1) of this subsection; and 3
(ii) Ensure public health and safety. 4
7–406. 5
(a) A licensee shall maintain a complete file [of a] FOR EACH cremation AND 6
EACH ALKALINE HYDROL YSIS OR NATURAL ORGA NIC REDUCTION THAT IS INITIATED 7
that includes the signature of the next of kin, person identifying the body, or person 8
responsible for disposition, time of death, and the date and time of cremation OR THE TIME 9
THAT THE ALKALINE HY DROLYSIS OR NATURAL ORGANIC REDUCTION WA S 10
INITIATED. 11
(b) (1) (i) In this subsection the following words have the meanings 12
indicated. 13
(ii) “Eligible dependent” means a veteran’s spouse, a veteran’s 14
unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before 15
the age of 21 became permanently incapable of self–support because of physical or mental 16
disability. 17
(iii) 1. “Identifying information” means data required by a 18
veterans service organization to verify the eligibility of a veteran or an eligible dependent 19
for burial in a national or state veterans cemetery. 20
2. “Identifying information” includes name, service number, 21
Social Security number, date of birth, date of death, place of birth, and copy of the death 22
certificate. 23
(iv) “Veteran” has the meaning stated in § 9–901 of the State 24
Government Article. 25
(v) “Veterans service organization” means an association or other 26
entity organized for the benefit of veterans that has been recognized by the U.S. 27
Department of Veterans Affairs or chartered by Congre ss and any employee or 28
representative of the association or entity. 29
(2) (I) If a licensed funeral establishment [or], a crematory, OR A 30
REDUCTION FACILITY is in possession of cremated human remains OR HYDROLYZED 31
REMAINS that have been unclaimed for 90 days or more, the licensed funeral establishment 32
or holder of the permit for the business of operating a crematory shall provide identifying 33
information of the unclaimed cremains OR HYDROLYZED REMAIN S to a veterans service 34 26 SENATE BILL 1028
organization in order for the veterans service organization to determine if the unclaimed 1
cremains are those of a veteran or an eligible dependent. 2
(II) 1. SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH DOES 3
NOT APPLY IF: 4
A. AN AUTHORIZING AGENT DIRECTS OTHERWISE ; OR 5
B. A LICENSED FUNERAL ESTABLISHMEN T OR 6
REDUCTION FACILITY R EASONABLY CONCLUDES BASED ON THE IDENTIF YING 7
INFORMATION OR OTHER EVIDENCE THAT A DECE DENT DOES NOT QUALIF Y FOR 8
DISPOSITION BENEFITS ASSOCIATED WITH VETE RAN STATUS. 9
2. A LICENSED FUNERAL EST ABLISHMENT OR 10
REDUCTION FACILITY IN POSSESSION OF HUMAN REMAINS THAT ARE BEI NG 11
PROCESSED BY NATURAL ORGANIC REDUCTION SH ALL PROVIDE IDENTIFY ING 12
INFORMATION TO A VET ERANS SERVICE ORGANI ZATION WITHIN 5 BUSINESS DAYS 13
AFTER NATURAL ORGANI C REDUCTION IS INITI ATED TO DETERMINE IF THE SOIL 14
REMAINS ARE THOSE OF A VETERAN OR AN ELIG IBLE DEPENDENT . 15
(3) Within 45 days after receipt of the information required under 16
paragraph (2) of this subsection, the veterans service organization shall notify the licensed 17
funeral establishment [or], permit holder, OR REDUCTION FACILIT Y: 18
(i) Whether the cremains, HYDROLYZED REMAINS , OR SOIL 19
REMAINS are those of a veteran or an eligible dependent; and 20
(ii) If so, whether the veteran or eligible dependent is eligible for 21
burial in a veterans cemetery. 22
(4) If the unclaimed cremains OR HYDROLYZED REMAIN S are those of a 23
veteran or an eligible dependent, the licensed funeral establishment or permit holder may 24
transfer the cremains OR HYDROLYZED REMAIN S to a veterans service organization for 25
the purpose of the appropriate disposition of the cremains OR HYDROLYZED REMAINS . 26
(5) IF THE UNCLAIMED SOIL REMAINS ARE THOSE OF A VETERAN OR 27
ELIGIBLE DEPENDENT , THE LICENSED FUNERAL ESTABLISHMENT OR RED UCTION 28
FACILITY MAY: 29
(I) TRANSFER A PORTION OF THE SOIL REMAINS NOT 30
EXCEEDING 300 CUBIC INCHES IN VOLU ME TO A VETERANS SER VICE ORGANIZATION 31
THAT GRANTS PERMISSI ON FOR THE PURPOSE O F DISPOSITION; AND 32
SENATE BILL 1028 27
(II) IF AUTHORIZED , TRANSFER THE BALANCE OF THE SOIL 1
REMAINS TO A CEMETER Y OR THE OWNER OF A WOODLAND PROTECTED U NDER THE 2
FOREST CONSERVATION ACT. 3
[(5)] (6) If a veterans service organization does not take possession of 4
unclaimed cremains OR HYDROLYZED REMAIN S OR THE PORTION OF UNCLAIMED SOIL 5
REMAINS that qualify for a plot in a State veterans’ cemetery under § 9–906 of the State 6
Government Article within 10 days after the licensed funeral establishment, REDUCTION 7
FACILITY, or permit holder receives the notification required under paragraph (3) of this 8
subsection, the licensed funeral establishment, REDUCTION FACILITY , or permit holder 9
shall: 10
(i) Notify the Department of Veterans Affairs of the status of the 11
cremains, HYDROLYZED REMAINS , OR PORTION OF SOIL R EMAINS for the purpose of 12
the appropriate disposition of the cremains, HYDROLYZED REMA INS, OR PORTION OF 13
SOIL REMAINS; [and] 14
(ii) Transfer the cremains, HYDROLYZED REMAINS , OR PORTION 15
OF SOIL REMAINS to the Department of Veterans Affairs for the purpose of the appropriate 16
disposition of the cremains, HYDROLYZED REMAINS , OR PORTION OF SO IL REMAINS; 17
AND 18
(III) IF AUTHORIZED , TRANSFER THE BALANCE OF THE SOIL 19
REMAINS TO A CEMETER Y OR THE OWNER OF A WOODLAND PROTECTED U NDER THE 20
FOREST CONSERVATION ACT. 21
7–505. 22
A licensee or the agent of a licensee may not represent that a burial or funeral casket 23
is required for cremation, ALKALINE HYDROLYSIS , OR NATURAL ORGANIC R EDUCTION. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26