III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A. It is estimated that the office will license fewer than ten
crematories.
D. Crematories will bear the cost of any pertinent fees imposed by
the Office.
F. Consumers will benefit from a regulatory program designed to
protect the public through the administration of standards. State
regulators will provide recourse for consumers aggrieved by actions
in violation of pertinent laws and regulations.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Marilyn Harris Davis, Executive
Director, Office of Cemetery Oversight, 500 N. Calvert St., 3rd
Floor, Baltimore, MD 21202, or call 410 265-1845, or email to mharrisdavis@dllr.state.md.us, or
fax to 410 333-6314. Comments will be accepted through November 5, 2012. A public hearing has not
been scheduled.
09.34.05 Crematories - Definitions
Authority: Business Regulation Article, §5-204, Annotated Code of Maryland
.01 Scope.
This chapter governs the definition of terms used in COMAR
09.34.06, COMAR 09.34.07, COMAR 09.34.08, and COMAR
09.34.09.
.02 Definitions.
A. In COMAR 09.34.06, COMAR 09.34.07, COMAR 09.34.08, and
COMAR 09.34.09, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Advertisement" means the publication, dissemination, or
circulation of any oral or written matter, including labeling, which
directly or indirectly calls to the attention of the public the goods or
services one has to offer.
(2) "Authorizing agent" means an individual legally entitled to
order the cremation of human remains or legally authorized to
control the final disposition of human remains.
(3) "Board" means the Board of Morticians and Funeral
Directors.
(4) Consumer
(a) "Consumer" means an actual or prospective purchaser
of consumer services, consumer goods, or consumer credit.
(b) "Consumer" includes an individual directed by the
consumer, or properly acting on behalf of a deceased consumer, to
inquire about the cost or purchase of cremation services or
cremation related goods, or to act on behalf of the consumer.
(5) "Cremated human remains" means all human remains
recovered after completion of cremation and the use of pulverizing
equipment.
(6) "Cremation" means the process of reducing human
remains to bone fragments through intense heat and evaporation,
including any mechanical or thermal process and may include
pulverization.
(7) "Cremation container" means a readily combustible, rigid
container in which human remains are sent to the crematory and then
placed in the cremation chamber for cremation.
(8) "Cremator" means the machinery within which the process
of cremation of human remains begins.
(9) "Crematory" means a building, portion of a building, or
structure that houses the necessary appliances and facilities for
cremation.
(10) "Crematory authority" means a legal entity or sole
proprietor that has been issued a permit by the Office of Cemetery
Oversight to operate as a crematory and perform cremations.
(11) "Embalming" means the disinfection or preserving of
human remains by arterial or cavity injection or any other type of
preservation.
(12) "Engage in the operation of a crematory" means
controlling or managing a crematory.
(13) "Holding facility" means an area, within or adjacent to a
crematory, designed for the retention of human remains before
cremation.
(14) "Human remains" means the body of a deceased person,
or part of a body or limb that has been removed from a living person.
(15) "Office" means the Office of Cemetery Oversight.
(16) "Permit" means a permit issued by the Office to allow a
person to operate a business which engages in the operation of a
crematory or to act as a registered crematory operator.
(17) "Permit holder" means the holder of a permit under
Business Regulation Article, Title 5, Annotated Code of Maryland, to
engage in the operation of a crematory or to act as a registered
crematory operator.
(18) "Person" means an individual, receiver, trustee,
corporation, limited liability company, or partnership.
(19) "Processed human remains" means the end result of
pulverization of cremated human remains, where the residue from the
cremation process is cleaned leaving only bone fragments reduced to
5 millimeters or less.
(20) "Registered crematory operator" means an individual
registered to operate a crematory as a sole proprietor or on behalf of
a sole proprietor or permit holder.
(21) "Responsible party" means a sole proprietor or the
individual designated by a corporation, limited liability company or
partnership, which holds a permit to engage in the operation of a
crematory, to be responsible for the operations of the crematory.
(22) "Sealable container" means any container in which
processed human remains can be placed and sealed so as to prevent
leakage of the processed human remains or the entry of any foreign
material.
09.34.06 Crematories - Permit and Registration Process and Fees
Authority: Business Regulation Article, §§5-102, 5-204, 5-205, 5-301 - 5-310, 5-312, 5-401 - 5-403, and 5-901 - 5-905,
Annotated Code of Maryland
.01 Scope.
This chapter governs the permit process for persons who operate
a crematory in the State and the fees for crematory and registered
crematory operator permits.
.02 Permit Issuing Agency.
A. A person who holds a permit or registration under Business
Regulation Article, Title 5, Annotated Code of Maryland, and owns a
greater interest in a crematory than a licensee under Health
Occupations Article, Title 7, Annotated Code of Maryland, shall
obtain a permit to engage in the operation of a crematory from the
Office.
B. A person whose ownership interest in a crematory is equal to
the ownership interest in the crematory of a licensee under Health
Occupations Article, Title 7, Annotated Code of Maryland, shall
obtain a permit to engage in the operation of a crematory from the
Office.
C. A person who owns a crematory and is neither a licensee under
Health Occupations Article, Title 7, Annotated Code of Maryland,
nor a registrant or permit holder under Business Occupations
Article, Title 5, Annotated Code of Maryland, shall obtain a permit to
engage in the operation of a crematory from the Office.
D. A person who is a licensee or holder of a corporation licensee
under Health Occupations Article, Title 7, Annotated Code of
Maryland, and owns a greater interest in a crematory than a person
who holds a permit or registration under Business Regulation Article,
Title 7, Annotated Code of Maryland, shall obtain a permit to engage
in the operation of a crematory from the Board.
E. An individual, who is designated as the registered crematory
operator by a person required to obtain a permit to operate a
crematory from the Office, shall obtain a registered crematory
operator permit from the Office.
F. All operating crematories and individuals designated as the
registered crematory operator required to obtain a permit from the
Office shall apply to the Office for a permit within 90 days from the
effective date of this chapter.
.03 Permit . Requirements for Permit for a Crematory Owned by a
Corporation, Limited Liability Company, or Partnership.
A. A corporation, limited liability company, or partnership shall
receive a permit to operate a crematory in this State if the
corporation, limited liability company, or partnership meets the
permit requirements of this regulation.
B. A corporation, limited liability company, or partnership shall
receive a permit if the entity:
(1) Completes an application form;
(2) Pays the nonrefundable application fee and any other fees
due under this chapter;
(3) Provides the name, address, and phone number of each
affiliated crematory;
(4) Designates a registered crematory operator as the
responsible party for each affiliated crematory provided that the
registered crematory operator may not be designated as the
responsible party for more than a total of two crematories;
(5) Provides a list of the officers, directors, members, partners,
agents, and employees of the entity applying for the permit;
(6) Provides a certificate of status, issued by the Maryland
Department of Assessments and Taxation, indicating that the entity is
in good standing, or its equivalent as determined by the Office, and
dated not earlier than 30 days before the date of the application; and
(7) Provides an affidavit stating that:
(a) No federal or State taxes or fees are delinquent; and
(b) The corporation, limited liability company, or
partnership is financially stable.
.04 Permit . Requirements for Permit for a Crematory Owned by a
Sole Proprietor.
A. A sole proprietor applicant for a crematory permit shall receive
a permit to operate a crematory in this State if the sole proprietor
applicant meets the permit requirements of this regulation.
B. A sole proprietor shall receive a permit if the sole proprietor:
(1) Completes an application form;
(2) Pays the nonrefundable application fee and any other fees
due under this chapter;
(3) Provides the name, address, and phone number of each
affiliated crematory;
(4) Designates a registered crematory operator as the
responsible party for each affiliated crematory provided that the
registered crematory operator may not be designated as the
responsible party for more than a total of two crematories; and
(5) Provides an affidavit stating that:
(a) No federal or State taxes or fees are delinquent; and
(b) The crematory business is financially stable. .05 Permit - Requirements for Registration for a Registered
Crematory Operator.
A. An individual shall register with and receive a permit from the
Office as a registered crematory operator if the individual meets the
registration requirements of this regulation.
B. An individual shall be registered with the Office as a registered
crematory operator if the individual:
(1) Completes an application form;
(2) Pays the nonrefundable application fee and any other fees
due under this chapter;
(3) Is 18 years old or older;
(4) Is of good character and reputation and lists the applicant's
previous three employers;
(5) Has achieved certification as a crematory operator by the
Cremation Association of North America (CANA), International
Cemetery, Cremation and Funeral Association (ICCFA),or other
equivalent certification recognized by the Office;
(6) Has successfully completed the operator training course of
the manufacturer of the cremator located in the crematory with which
the applicant is affiliated;
(7) States the name and mailing address of the crematory with
which the applicant is affiliated;
(8) States whether the crematory with which the applicant is
affiliated is owned or controlled by:
(a) A corporation;
(b) A partnership;
(c) A limited liability company; or
(d) A sole proprietorship; and
(9) States whether the applicant is the responsible party for the
affiliated crematory.
C. Additional Requirements.
(1) An individual applying for a permit as a registered
crematory operator shall provide the Office with a detailed
description of activities including, but not limited to, whether the
applicant has:
(a) Had a license, certification, registration, or permit of the
type for which the application is being made ever denied, suspended,
or revoked by any jurisdiction;
(b) Been convicted of a felony in any State or federal court;
(c) Been convicted in any State or federal court of a
misdemeanor directly related to the ownership or operation of a
crematory;
(d) Had any civil judgments or settlements within the 5 years
before applying for a permit which directly related to the ownership
or operation of a crematory; or
(e) Been convicted by a court in this State of violating a
usury provision under Commercial Law Article, Title 12, Annotated
Code of Maryland, or an unfair and deceptive trade practices
provision under Commercial Law Article, Title 13, Annotated Code
of Maryland.
(2) An applicant shall submit copies of all:
(a) Charging documents which were issued and docket
entries for convictions, which occurred before applying for a permit,
for a misdemeanor or felony referred to in §C.(1)(b),(c), or (e) of this
Regulation;
(b) Disciplinary actions, judgments, and final orders which
occurred or were issued before applying for a permit for any
regulatory probation, suspension, or revocation referred to in
§C.(1)(a) of this Regulation; and
(c) Civil judgments or settlements against the applicant
within the past 5 years which directly relate to the ownership or
operation of a crematory.
(3) An individual applying for a permit, who is designated by
the crematory authority as the responsible party, shall state the name
and residential address of each employee who sells goods or services
to the public while engaging in the operation of a crematory.
D. A registered crematory operator may not be designated as the
responsible party for more than two crematories.
E. An individual may be issued permits for affiliations with more
than one crematory if each affiliated crematory is owned by the same
individual or entity.
F. An individual who will become the registered crematory
operator for a crematory which was in operation prior to the
effective date of this chapter or for a crematory which has filed an
application for a permit pursuant to this chapter, shall obtain the
certification and manufacturer training required by §B.(5) and (6) of
this regulation within 90 days from the effective date of this
regulation or be subject to action by the Office.
.06 Permit . Requirements for Permit for a New Crematory
Owned by a Corporation, Limited Liability Company, or
Partnership.
A. A corporation, limited liability company, or partnership shall
receive a permit to operate a new crematory in this State if the
corporation, limited liability company, or partnership meets the
permit requirements of this regulation.
B. A corporation, limited liability company, or partnership shall
receive a permit from the Office if, at least 30 days prior to the
opening of the new crematory, the entity:
(1) Completes an application form;
(2) Pays the nonrefundable application fee and any other fees
due under this chapter;
(3) Provides the name, address, and phone number of each
affiliated crematory;
(4) Designates a registered crematory operator as the
responsible party for each affiliated crematory provided that the
registered crematory operator may not be designated as the
responsible party for more than a total of two crematories;
(5) Provides a list of the officers, members, partners, agents,
and employees of the entity applying for the permit; and
(6) Provides an affidavit stating that the corporation, limited
liability company, or partnership:
(a) Is financially stable; and
(b) Has the ability to continue to operate the crematory
business for a 2-year period after issuance of a permit.
C. Crematories not in operation prior to the effective date of this
chapter shall be certified by:
(1) The Cremation Association of North America (CANA);
(2) The International Cemetery, Cremation and Funeral
Association (ICCFA); or
(3) Another equivalent body recognized by the Office.
.07 Permit . Requirements for a New Crematory Owned by a Sole
Proprietor.
A. A sole proprietor applicant for a new crematory shall receive a
permit to operate if the sole proprietor applicant meets the permit
requirements of this regulation.
B. A sole proprietor shall receive a permit from the Office if, at
least 30 days prior to the opening of the new crematory, the sole
proprietor applicant:
(1) Completes an application form;
(2) Pays the nonrefundable application fee and any other fees due under this chapter;
(3) Provides the name, address, and phone number of each
affiliated crematory;
(4) Designates a registered crematory operator as the
responsible party for each affiliated crematory provided that the
registered crematory operator may not be designated as the
responsible party for more than a total of two crematories; and
(5) Provides an affidavit stating that the new crematory
business:
(a) Is financially stable; and
(b) Has the ability to continue to operate the crematory
business for a 2-year period after issuance of a permit.
C. Before applying to the Office for a permit, any crematory not in
operation before the effective date of this chapter, shall have in its
employ an individual who holds a certification from:
(1) The Cremation Association of North America (CANA);
(2) The International Cemetery, Cremation and Funeral
Association (ICCFA); or
(3) Another equivalent body recognized by the Office.
.08 Change of Information.
The responsible party shall notify the Office of any change in the
information provided in the application for permit for a crematory or
for a permit as a registered crematory operator, either before or after
the issuance of a permit, within15 days of the date of the change.
.09 Renewal.
A. Before the expiration date of a permit, a permit holder shall
complete and return the renewal form, pay the renewal fee, and
submit any required documentation.
B. A person who has a permit to engage in the operation of a
crematory or a permit as a registered crematory operator may renew
the permit every 2 years, beginning on a date specified by the Office,
in the following manner:
(1) Complete the renewal application form;
(2) Pay the nonrefundable renewal fee set forth in Regulation
.13 of this chapter;
(3) Meet the permit requirements under Regulation .03, .04, or
.05 of this chapter; and
(4) Submit the documentation required by Regulation .03, .04,
or .05 of this chapter.
C. After the expiration date of a permit, if a permit holder has not
yet applied for renewal, the permit holder is no longer authorized to
engage in the operation of a crematory or to act as a registered
crematory operator.
D. If a permit holder completes the renewal application process
set forth in Regulation .09B of this chapter before the expiration date
of the permit and the Office does not renew the permit before its
expiration date, the permit holder is considered to be actively
permitted until receipt from the Office of either a renewed permit or a
notice of denial of a permit.
E. If a permit holder applies for renewal of a permit after the
expiration date of the permit, the permit holder shall pay the renewal
fee plus the late renewal fee under Regulation .13 of this chapter.
.10 Lapsed Permit.
A person who has been issued a permit and who has allowed the
permit to lapse for at least 6 months may apply for a permit in the
following manner:
A. Complete a permit application form;
B. Pay the permit fee and the late renewal fee under Regulation
.13 of this chapter;
C. Meet the permit requirements under Regulation .03, .04, or .05
of this chapter;
D. Submit the documentation required by Regulation .03, .04, or
.05 of this chapter;
E. Provide a full written explanation to the Office detailing the
reasons why the permit was allowed to expire and why a permit is
now sought; and
F. Submit to the Office an affidavit stating that the person did not
engage in the operation of a crematory or act as a registered
crematory operator in this State while the permit was lapsed.
.11 Hearings - Permit Denial.
A. Permit Denial. An applicant or permit holder applying for an
initial or renewal permit to the Office may be denied the issuance of
a permit, subject to the hearing provisions of Business Regulation
Article, §5-312, Annotated Code of Maryland.
B. Hearing Before Director of Office.
(1) Except as otherwise provided in §B(2).(6) of this
regulation, all contested cases before the Director of the Office shall
be governed by COMAR 09.01.02.
(2) An applicant who has been notified that a new or renewal
permit has been or may be denied and who requests a hearing before
the Director of the Office must file the request for a hearing not later
than 30 days after the notice of proposed action was mailed.
(3) The Director of the Office shall send the hearing notice
described in COMAR 09.01.02.07B at least 10 days before the
hearing or, if the parties have agreed to a date for which 10 days
notice cannot be given, at the earliest time possible.
(4) The notice to an applicant that a new or renewal permit has
been or may be denied shall state that the proposed action of the
Director of the Office shall be affirmed if:
(a) A hearing is not requested within 30 days after the date
the notice of proposed action was mailed; or
(b) The applicant fails to appear for the hearing after
requesting a hearing.
(5) If, after a hearing, the proposed action of the Director of
the Office is upheld, the appellant shall pay the hearing costs
described in Regulation .12 of this chapter.
C. Hearings Delegated by the Office to the Office of
Administrative Hearings. All contested case hearings delegated to the
Office of Administrative Hearings shall be governed by COMAR
09.01.03.
.12 Fees.
A. Permit Fees:
(1) Crematory permit . $350;
(2) Registered Crematory Operator permit . $300;
(3) Crematory permit renewal . $350;
(4) Registered Crematory Operator permit renewal . $300;
and
(5) Late renewal fee . $200.
B. Miscellaneous Fees:
(1) Replacement of permit . $50;
(2) Returned check fee . $50;
(3) Additional copy of permit . $50;
(4) Business name change . $50;
(5) Personal name change . $50;
(6) Business address change . $50; and
(7) Annual preneed sales trust report . $25.
C. Hearing costs described in Business Regulation Article, §5-312(h), Annotated Code of Maryland, shall be determined to be the
cost of a court reporter and the transcripts ordered by the Office, or
by the Office of the Attorney General, for the purpose of presenting a
case alleging violation of Business Regulation Article, Title 5,
Annotated Code of Maryland, before the Office or before the Office
of Administrative Hearings.
.13 Display of Permit.
A permit holder shall display the permit conspicuously, in a public
area, at each business address of the permit holder.
09.34.07 Crematories
- Inspections, Complaints, Discipline
Authority: Business Regulation Article, §§5-204, 5-310, and 5-311,
Annotated Code of Maryland
.01 Scope.
This chapter governs crematory inspections, the complaint
process, investigations, grounds for discipline, and penalties.
.02 Inspection by the Office.
A. A crematory shall be available for inspection by a
representative of the Office at any time during operating hours.
B. A crematory shall be inspected:
(1) On at least a biennial basis;
(2) In furtherance of an investigation; or
(3) Upon the sale or change of ownership of the crematory.
C. A permit holder shall be available to accompany the inspector
during the inspection and sign the inspection report.
D. A crematory shall maintain the following minimum standards:
(1) The premises shall be maintained in a sanitary manner to
comply with Centers for Disease Control's guidelines on universal
precautions;
(2) Except by express, written consent of the authorizing agents
to perform simultaneous, multiple cremations, there may be no more
than one human body cremated in a single cremator at a time;
(3) A cremator shall be cleaned completely after each
cremation;
(4) There may not be co-mingling of human remains and pet
remains in refrigeration units or vehicles;
(5) Separate cremators shall be dedicated for the cremation of
human remains and the cremation of pets;
(6) There may not be:
(a) Co-mingling of cremated human remains with other
cremated human remains or pet remains;
(b) Scooping of cremated human remains from a bucket
containing commingled cremated human remains; or
(c) Any form of misrepresentation in the return of cremated
human remains;
(7) Excluding a deceased person with a known communicable
infection, human remains shall be properly identified before
cremation by verifying that the documentation accompanying the
human remains is consistent with a visual observation of the human
remains;
(8) A burial transit permit shall be an original document
pertaining to the deceased;
(9) Each crematory shall have:
(a) A hand washing sink with hot and cold water in the room
in which the cremator is housed; and
(b) The equipment necessary to thoroughly clean the floor
within the room housing the cremator with water and an appropriate
sanitizing agent;
(10) The name of the deceased shall be visible on the outside of
the cremation container;
(11) Human remains shall be properly stored prior to
cremation;
(12) Crematories shall:
(a) Use only mechanical pulverizing equipment meeting
industry standards that has been thoroughly brushed as clean as
possible between each use; and
(b) Pulverize the cremated human remains with a mortar
and pestle when the cremated human remains are not sufficient in
amount for pulverizing in mechanical equipment;
(13) Separate pulverizing drums shall be dedicated for
cremated human remains and cremated pet remains;
(14) Before pulverizing, the mechanical pulverizer shall be
clamped;
(15) A crematory may not refuse to release cremated human
remains pending payment of outstanding fees;
(16) Within 6 months of the effective date of this chapter,
cremators shall be retrofitted, if necessary, with safety devices that
will prevent the automatic door from dropping prematurely;
(17) Portable fans may not be used in the area of the cremator
or pulverizing equipment;
(18) There shall be a minimum of 6 inches between a cremator
smoke stack and the roof of the crematory; and
(19) A cremator shall have, visible on its front, a warning sign
stating "No leaning past the door of the cremator."
E. The following completed forms shall be available at all times
for inspection and copying and are subject to be pulled at random by
the inspector:
(1) Cremation authorization form;
(2) Burial transit permit;
(3) Delegation of authority form;
(4) Receipt for human remains;
(5) Record of cremation;
(6) Certificate of cremation; and
(7) Return of human cremated remains certificate.
F. Inspection results shall be written on forms approved by the
Office.
G. The representative of the Office performing the inspection
shall, upon completion of the inspection:
(1) Apprise the permit holder of the findings of the inspection;
and
(2) Provide the permit holder or a representative of the permit
holder with a copy of the inspection report.
H. The permit holder or representative of the permit holder shall
sign and verify receipt of the inspection report.
I. At the time of the Office's inspection, the permit holder shall
provide written documentation to the Office's inspector that:
(1) The cremator has been inspected in accordance with
manufacturer specifications;
(2) In accordance with manufacturer specifications, it is not
time for a manufacturer's inspection; or
(3) The permit holder has requested that the manufacturer
conduct an inspection of the cremator.
.03 Crematory Inspection Report, Deficiencies, Violations, and Penalties.
A. The Director of the Office shall review the inspection report
and make a determination as to whether a deficiency exists.
B. The Office shall notify the permit holder of the results of the
inspection by providing a copy of the inspection report to the permit
holder.
C. If a permit holder passes an inspection, the permit holder shall
prominently display, in public view on the premises, a statement
issued by the Office that the crematory has successfully passed an
inspection.
D. If the Director of the Office finds a deficiency, the Director of
the Office shall:
(1) Within 7 days notify the permit holder of the deficiency or
failure to pass the inspection; and
(2) Provide a copy of the inspection report, notice of the
deficiency, or failure to pass the inspection to the crematory permit
holder within 30 days of completion of the inspection.
E. Correction of Deficiency.
(1) Except as provided in this section, a crematory permit
holder shall correct a deficiency within 30 days after receipt of
notification or sooner as determined by the Office.
(2) The Office may require immediate correction of a
deficiency if the Office considers the correction necessary in the
interest of public health.
(3) The crematory permit holder may request an extension of
time within which to correct a deficiency.
(4) The Office may approve an extension of time for correction
of a deficiency.
(5) Upon completion of the correction of all deficiencies, the
crematory permit holder shall notify the Office.
(6) Upon notification by the crematory permit holder, a
representative of the Office shall re-inspect the crematory.
(7) The Office shall notify the crematory permit holder, in
writing, of the results of the re-inspection report by providing a copy
of a new inspection report to the crematory permit holder.
(8) If re-inspection reveals additional deficiencies not cited in
the first report, the crematory permit holder shall correct those
deficiencies in the time period specified by the Office unless an
extension of time for correction of the additional deficiencies is
requested by the crematory permit holder and approved by the
Office.
F. Penalties. In the event that a crematory permit holder fails to
allow an inspection of the crematory or fails to comply with a notice
to correct deficiencies or violations within the time specified, the
Office shall:
(1) Deem the failure to be a threat to the public health, safety,
or welfare requiring immediate action;
(2) Summarily suspend the crematory permit as provided under
State Government Article, §10-226(c)(2), Annotated Code of
Maryland;
(3) Provide notice of the Office's action to the crematory
permit holder; and
(4) Provide the crematory permit holder a subsequent
opportunity for a hearing pursuant to Business Regulation Article,
§5-312, Annotated Code of Maryland.
.04 Complaints.
A. A complaint regarding a crematory authority or a registered
crematory operator under the jurisdiction of the Office shall be:
(1) Filed by the complainant, on a form devised by the Office,
in compliance with the provisions of Business Regulation Article,
§5-311(b), Annotated Code of Maryland; and
(2) Processed in accordance with the provisions of Business
Regulation Article, §5-311(c).(h), Annotated Code of Maryland.
B. The Office may initiate a complaint or investigation.
.05 Investigations.
The Office and the Board may share investigative information and
conduct joint investigations.
.06 Grounds for Discipline and Penalties.
A. Subject to the hearing provisions of Business Regulations
Article, §5-312, Annotated Code of Maryland, the Director of the
Office of Cemetery Oversight may deny a crematory permit or
registered crematory operator permit to an applicant, reprimand any
person required to obtain a crematory permit or registered
crematory operator permit, or suspend or revoke a crematory permit
or registered crematory operator permit if an applicant or permit
holder, or an agent, employee, officer, director, or partner of the
applicant or permit holder, for the reasons set forth in Business
Regulation Article, §5-310, Annotated Code of Maryland.
B. The Director of the Office may seek the remedies and may
impose the penalties set forth in Business Regulation Article, Title 5,
Annotated Code of Maryland, for violations of that Title.
09.34.08 Crematories - Cremation Procedures
Authority: Business Regulation Article, §5-204, Annotated Code of Maryland
.01 Scope.
This chapter governs the procedures to be followed by a permit
holder in performing a cremation in this State.
.02 Removal, Identification, and Transportation of Human Remains.
A. Upon receipt of human remains, a permit holder, in the
presence of the authorizing agent or representative of the funeral
establishment engaging crematory services, shall:
(1) Verify that the information on the wrist tag of the human
remains is consistent with the documentation accompanying the
human remains and consistent with the visual observation of the
human remains;
(2) Use a metal detector wand to inspect for the presence of
any battery operated, implanted devices including pacemakers,
defibrillators or pain relief devices;
(3) Refuse to accept human remains for cremation if an
inspection of the human remains indicates the presence of any battery
operated, implanted device;
(4) Remove and properly dispose of any hazardous object or
any other materials that the permitted designee of the crematory
authority deems should be removed from the human remains or
cremation container in order to prevent harm to the public health or
damage to the cremator;
(5) Remove any jewelry on the human remains or in the
cremation container;
(6) Return any removed jewelry to the authorizing agent or
representative of the funeral establishment engaging cremation
services; and
(7) Obtain a signed, itemized receipt from the authorizing
agent or representative of the funeral establishment engaging
cremation services for the removed jewelry and retain the receipt as
a permanent record.
B. Foreign objects removed from the human remains:
(1) Shall be treated as medical waste and disposed of
accordingly; and
(2) May not be donated until a sterilization process through a
third party, recognized by the Office, to dispose properly of medical
waste has been performed.
C. Materials identifying the human remains placed in the custody
of a crematory authority shall contain the following information
about the decedent:
(1) Name;
(2) Date of birth;
(3) Date of death;
(4) Name of funeral establishment or authorizing agent;
(5) Gender; and
(6) Name and relationship of authorizing agent to the decedent.
D. A crematory authority shall not accept unidentified human
remains for cremation.
.03 Cremation Container.
A. A cremation container:
(1) Shall be a readily combustible, rigid container suitable for
cremation;
(2) Shall provide a completely enclosed covering for the human
remains;
(3) Shall be resistant to leakage or spillage;
(4) Shall be of sufficient strength and rigidity for ease of
handling;
(5) Shall provide protection to the health and safety of
crematory establishment personnel;
(6) Shall comply with all local, State, and federal governmental
emissions regulations; and
(7) May not be composed of metal or polyethylene material.
B. A cremation container which appears to be heavily coated with
varnish, lacquer, or any other highly combustible substance shall be:
(1) Placed in a cold cremator within which no cremation has
occurred in the prior 4 hours; or
(2) Coated completely with water before being placed in the
cremator.
.04 Holding Facilities.
A holding facility shall:
A. Comply with applicable public health laws;
B. Preserve the dignity of human remains;
C. Recognize the integrity, health, and safety of crematory
establishment personnel; and
D. Be secure from access by unauthorized persons.
.05 Holding Remains.
A. Unless prevented by emergency circumstances, human remains
that have been designated for cremation shall be cremated by a
crematory authority within 48 hours after receipt.
B. A crematory authority may not hold human remains for
cremation unless the human remains are contained within an
individual, rigid, stackable, closed cremation container.
C. A crematory authority may not accept a cremation container
from which there is any evidence of leakage of the body fluids from
the human remains therein.
D. Whenever a crematory authority is unable to cremate human
remains within 48 hours of taking custody thereof due to emergency
circumstances, the crematory authority shall maintain the human
remains in a refrigerated holding facility, either on or off site, at
40°F or less, unless the remains have been embalmed.
.06 Identification of Human Remains Immediately Prior to
Cremation.
A. Immediately prior to being placed within the cremator, a
designee of the crematory authority shall:
(1) Verify the identification of the human remains; and
(2) Place in the cremator the circular, hard metal identification
disc of the human remains being cremated where it shall remain in
place until the cremation process is complete.
B. The designee of the crematory authority who is operating the
cremator may not leave the immediate area of the cremator during
the cremation process.
.07 Cremation Authorization.
A. Except as otherwise provided in this regulation, a crematory
authority may not cremate human remains until:
(1) The body has been identified as required by Health
Occupations Article, §7-411, Annotated Code of Maryland;
(2) The crematory authority has received:
(a) A cremation authorization on a form approved by the
Office and signed by an authorizing agent;
(b) If applicable, a written delegation document or
facsimile; and
(c) Any other documentation required by federal, State, or
local law; and
(3) The crematory authority has documented that at least 12
hours have elapsed from the time of death of the individual whose
remains are to be cremated.
B. The cremation authorization form shall:
(1) Be provided by the crematory authority to the authorizing
agent;
(2) Contain the following information:
(a) The identity of the human remains;
(b) Date of death;
(c) The name and address of the crematory where the
cremation will occur;
(d) The name and address of the authorizing agent and the
relationship between the authorizing agent and the deceased;
(e) Authorization for the crematory authority to cremate the
human remains;
(f) Authorization to verify that the following have been
removed before cremation:
(i) Implanted pacemaker or defibrillator; or
(ii) Any other materials that the crematory authority
deems should be removed to prevent harm to the public health or
damage to equipment;
(g) A representation by the authorizing agent that
radiological implant treatment has not occurred to the human
remains within 5 days before cremation;
(h) A representation that the authorizing agent is aware of
no objection to the human remains being cremated by any person
who has a right to control the disposition of the human remains; and
(i) The name and address of the person authorized to claim
the cremated remains from the crematory authority or accept the
cremated remains via registered mail; and
(3) Be signed by the authorizing agent.
C. If an authorizing agent is not available to execute the
cremation authorization form, the authorizing agent may delegate
that authority to another individual:
(1) In writing; or
(2) If located outside the area, by transmitting to the crematory
authority:
(a) A signed, notarized statement, electronically or by
facsimile device, that contains the name, address, and relationship of
the sender to the deceased and the name and address of the
individual to whom authority is delegated; and
(b) Once the authorizing agent is located in the area, a
notarized statement, through the United States Postal Service
attesting to the delegation of authority.
D. Upon receipt of the written delegation document or a copy of
the delegation document transmitted electronically or by facsimile
device, the crematory authority shall allow the named individual to
serve as the authorizing agent. The documents shall be signed by the
authorizing agent in the presence of a notary.
E. A person signing a cremation authorization form is deemed to
warrant the truthfulness of any facts set forth in the cremation
authorization form, including the identity of the deceased whose
remains are sought to be cremated and the authority of that person to
order such a cremation.
F. A crematory authority shall notify and obtain the written
consent of the authorizing agent before the cremation of human
remains at a location other than the location named on the cremation
authorization form.
G. A crematory authority shall maintain a copy of every cremation
authorization form required under this regulation as permanent
records.
H. Cremation authorization records are subject to inspection and
copying by the Office.
.08 Record of Receipt of Remains.
A. A crematory authority shall provide to an individual who
delivers human remains for cremation a receipt signed by both the
crematory authority and the person who delivered the human
remains, that includes the:
(1) Name of the individual from whom the human remains were
received and the name of the individual's employer, if any;
(2) Name and address of the crematory authority;
(3) Name and address of the deceased;
(4) Gender of the deceased;
(5) Date of death of deceased; and
(6) Verification of authorized burial transit permit.
B. The crematory authority shall maintain a record of each
cremation which shall include the:
(1) Name of the deceased;
(2) Date of birth of the deceased;
(3) Date of death of the deceased;
(4) Gender of the deceased;
(5) Name and address of the authorizing agent;
(6) Date, time, and location of cremation; and
(7) Name of the individual who performed the cremation.
C. The crematory authority shall provide a certificate of
disposition of cremated human remains to the authorizing agent or
funeral establishment that arranged for the cremation that contains
the:
(1) Name of the deceased;
(2) Name of the authorizing agent;
(3) Date, time, and location where cremation occurred;
(4) Name of the individual who performed the cremation;
(5) Name and address of the person who received the cremated
human remains from the crematory authority; and
(6) If ascertainable, the location, including the name of the
cemetery and plot location if the remains are interred, the manner,
and the date of the disposition of the cremated human remains.
D. The crematory authority shall maintain a copy of every record
and receipt required by this regulation as permanent records.
E. All records and receipts required to be maintained by a
crematory authority by this chapter are subject to inspection and
copying by the Office.
.09 Use of a Casket; Embalming.
A. Except as provided in §B of this regulation, a crematory
authority may not:
(1) Require that human remains be placed in a casket before
cremation or that human remains be cremated in a casket;
(2) Refuse to accept human remains for cremation because the
remains are not in a casket; or
(3) Refuse to accept human remains for cremation because the
remains are in a suitable, combustible wooden casket, but may
request the authorizing agent or funeral establishment engaging the
services of the crematory authority to remove the metal mattress
holder in the casket.
B. Human remains delivered to a crematory authority may not be
removed from the cremation container and the cremation container
shall be cremated with the human remains unless the authorizing
agent for the deceased requests that the human remains be placed in
the cremator without enclosure in a cremation container.
C. The cremation container shall be cremated with the human
remains unless the authorizing agent for the deceased requests a
more natural environment for the deceased. A crematory authority is
not required to accept this manner of disposition.
D. A crematory authority may not require that human remains be
subjected to embalming before cremation.
.10 Disposition of Cremated Human Remains.
A. Upon completion of the cremation, insofar as is possible:
(1) All of the recoverable residue of the cremation process
shall be:
(a) Removed from the cremator;
(b) Except for medical devices remaining after cremation,
processed; and
(c) Placed in a container; and
(2) The identification disc required by Health Occupations
Article, §7-411, Annotated Code of Maryland, shall be:
(a) Removed from the cremator; and
(b) Placed in the container with the cremated human
remains.
B. Medical devices which remain after the completion of the
cremation process shall be treated as medical waste and disposed of
accordingly.
C. After pulverization, all of the processed human remains,
together with the identification disc, shall be placed in a sealable
container.
D. If the cremation container opening is not of adequate
dimensions to accommodate an identification disc, it shall be affixed
to the container and a record of the cremation number shall be
placed in the container.
E. If all of the processed human remains and the identification disc will not fit within the dimensions of a sealable container, the
remainder of the processed human remains shall be returned to the
authorizing agent, or the agent's representative, in a separate,
sealable container. Container seams shall be taped.
F. If the processed human remains and identification disc do not
adequately fill the container's interior dimensions, the extra space
may be filled with packing material that will not become intermingled
with the processed human remains and then securely closed.
G. If a sealable container containing processed human remains is
to be shipped, the sealable container shall:
(1) Be placed within a separate sturdy box with all box seams
securely taped closed; and
(2) Have the name of the deceased person whose processed
human remains are contained therein legibly written on the outside of
the container.
H. If processed human remains have been in the possession of a
crematory authority, as originally authorized by the authorizing
agent, without instructions for disposition, for a period of 10 days or
more from the date of cremation, the crematory authority may send
the processed human remains, by certified mail, return receipt
requested, to the authorizing agent.
.11 Tools.
A crematory shall maintain, at its own expense, the following tool
inventory:
A. Safety placement tool measuring a minimum of 49 inches in
length;
B. Wire brushes for cleaning cremators;
C. Brush with fine bristles for cleaning pulverizers;
D. Mortar and pestle;
E. Funnel;
F. High temperature protective gloves and heat resistant leather
gloves;
G. Hand magnet and metal detector wand to detect and remove
metal from cremated human remains;
H. Tweezers to remove nonmetal objects from cremated human
remains; and
I. Dust masks.
.12 Visitors.
A. The crematory permit holder or registered crematory operator
shall:
(1) Submit to the Office the number of persons not affiliated
with the operation of the crematory who can safely be within the
same room and within 10 feet of the cremator door; and
(2) Verify to the Office that the crematory permit holder has
submitted the information required in §A(1) of this regulation to their
liability insurance carrier.
B. Crematories that begin operation after July 1, 2013, shall
construct a viewing room in the area of the cremator if the crematory
authority intends to permit more than two visitors present in the area
of the cremator during a cremation.
09.34.09 Crematories - Code of Ethics
Authority: Business Regulation Article, §§5-204 and 5-310, Annotated Code of
Maryland
.01 Scope.
This chapter governs any person who holds a permit to:
A. Engage in the operation of a crematory; or
B. Act as a registered crematory operator.
.02 General Professional Practices.
A. A permit holder shall:
(1) Act in a manner that respects and protects the dignity of a
decedent and the decedent's family;
(2) Conduct business in a reasonable, usual, and customary
manner;
(3) Comply with the State public health laws as set forth in
Health-General Article, §§4-215 and 5-501 et seq., Annotated Code
of Maryland;
(4) Comply with Business Regulation Article, Title 5, Annotated
Code of Maryland;
(5) Comply with Commercial Law Article, Titles 12 and 13,
Annotated Code of Maryland;
(6) Implement and follow through on all arrangements agreed
upon between a consumer and the crematory;
(7) Provide appropriate services for and respect the rights of
individuals without regard to age, race, creed, national origin,
gender, disability, marital status, political belief, religious affiliation,
social or economic status, or social preferences;
(8) Comply with all local, State and federal laws regarding the
final disposition of human remains;
(9) Be sensitive and responsive to the bereavement needs of a
decedent's family;
(10) Provide a general price list, that includes accurate
information, to anyone who, in person, requests pricing information
regarding cremation related goods or services; and
(11) Provide accurate information from the general price list to
any person who requests information, by telephone, regarding
cremation related goods or services.
B. In advertising, a permit holder may not include statements:
(1) That are misrepresentations of facts;
(2) That are likely to mislead or deceive because, in context,
the statement makes only a partial disclosure of relevant facts;
(3) Relating to fees without reasonable disclosure of all
relevant variables so that the statement would not be misunderstood
or be deceptive to a consumer; or
(4) Containing representations or implications that in
reasonable probability can be expected to cause an ordinarily
prudent person to misunderstand or be deceived.
C. A permit holder or registered crematory operator may not:
(1) Use, or participate in the use of, any form of
communication to consumers containing a false, fraudulent,
misleading, deceptive, or unfair statement or claim; or
(2) Operate a crematory or perform a cremation while under
the influence of alcohol, an illegal drug, or a controlled dangerous
substance which has not been prescribed by a physician.
MARILYN HARRIS DAVIS
Director
Office of Cemetery Oversight
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