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