Title 5. Death — Subtitle 5. Miscellaneous Provisions

Consent for a postmortem examination of a body by a physician is sufficient if the consent is given as provided in this section.

The consent may be in the form of:

This section does not apply to the disposition of a body by a school of medicine or dentistry.

Except as otherwise provided in this section, a person may not cremate or initiate alkaline hydrolysis or natural organic reduction of a body until it has been identified by:

If a person who is authorized to arrange for final disposition of a body is not available to identify the body and authorize cremation, reduction by alkaline hydrolysis, or natural organic reduction, that person may delegate that authority to another person by sending to the delegate an electronic communication that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated. Written authorization shall follow by mail but does not take precedence over the electronic communication authorizing the identification and cremation.

Except as provided in subsection (b) of this section, a person may not require that a cremation be performed with a casket. However, the use of a simple container may be required.

The person arranging for final disposition of a body may specify that a casket:

A health officer may take control of a body that is being kept in a room where an individual lives and that is in a condition that endangers an individual in the house where the body is kept if:

A person may not obstruct the carrying out of an order of a health officer under this section.

A person who violates any provision of § 5-502, § 5-503, § 5-504, or § 5-505 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

A person who violates any provision of § 5-506(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200 or imprisonment not exceeding 6 months.

In this subtitle the following words have the meanings indicated.

“Alkaline hydrolysis” has the meaning stated in § 7–101 of the Health Occupations Article.

“Authorizing agent” means the individual who has legal authority to arrange for and make decisions regarding the final disposition of a dead human body, including by cremation, alkaline hydrolysis, or natural organic reduction.

“Cremation” means the disposition of a dead human body by means of incineration.

“Crematory” has the meaning stated in § 7–101 of the Health Occupations Article.

“Decedent” means a dead human being.

“Natural organic reduction” has the meaning stated in § 7–101 of the Health Occupations Article.

“Practitioner” means a person who is licensed by the State as a funeral director, mortician, or surviving spouse licensee to practice mortuary science.

“Pre–need contract” means an agreement prior to the time of death between a consumer and a practitioner to provide any goods and services regarding the final disposition of a dead human body.

“Reduction facility” has the meaning stated in § 7–101 of the Health Occupations Article.

“Soil remains” has the meaning stated in § 7–101 of the Health Occupations Article.

In order to be valid, any document executed under subsection (a) of this section must be written and signed by the individual in the presence of a witness, who, in turn, shall sign the document in the presence of the individual.

The following persons, in the order of priority stated, have the right to serve as the authorizing agent for a decedent:

In the case of an individual whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State–appointed guardian, or any other public official charged with arranging the final disposition of the decedent may serve as the authorizing agent.

In the case of an individual who has donated the individual’s body to medical science or whose death occurred in a nursing home or other private institution, a representative of the institution to which the body was donated or in which the decedent died shall authorize cremation for purposes of § 5–502 of this subtitle if the decedent executed cremating authorization forms and the institution is charged with making arrangements for the final disposition of the body.

In the event of a disagreement under subsection (a) of this section, a practitioner is not liable for refusing to accept the body or to inter or otherwise dispose of the body of the decedent or complete the arrangements for the final disposition of the body until the practitioner receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the body.

If the practitioner retains the body for final disposition in accordance with a court order or written agreement among the parties, the practitioner may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision and may add the costs of embalming and refrigeration and sheltering to the final disposition costs.

A practitioner and an operator of a crematory or reduction facility may rely on the representations made by an authorizing agent and are not guarantors of the reliability of those representations.

A practitioner and an operator of a crematory or reduction facility have no responsibility to contact or to independently investigate the existence of any next of kin of the decedent.

An individual may file a petition with the appropriate court to obtain the authority to be authorizing agent:

Pending the outcome of a petition filed under this section, a practitioner shall suspend any arrangements with the individuals under § 5-509(c) of this subtitle.

A practitioner or an operator of a crematory or reduction facility may not require an authorizing agent to obtain appointment as personal representative of the decedent’s estate as a condition precedent to making final arrangements or authorizing cremation, alkaline hydrolysis, or natural organic reduction of a decedent.

A person may not authorize cremation, alkaline hydrolysis, or natural organic reduction when a decedent has left instructions in a document that the decedent does not wish to be cremated or be subject to alkaline hydrolysis or natural organic reduction.

On taking custody of the body of a decedent in accordance with all authorizations required by law, a funeral establishment, crematory, or reduction facility shall maintain the body in a manner that provides for complete coverage of the body and prevents leakage or spillage except during:

If the unembalmed body of a decedent is to be stored for more than 48 hours before final disposition, a funeral establishment, crematory, or reduction facility shall maintain the body with refrigeration and at a temperature determined by regulation.

The body of a decedent may not be embalmed or artificially preserved without:

A funeral establishment, crematory, or reduction facility shall store the body of a decedent until final disposition at:

A funeral establishment, crematory, reduction facility, or transportation service may not transport or store the body of a decedent together with animal remains in the same confined space.

An individual may not bury or dispose of a body except:

A person may not use or dispose of soil remains produced by natural organic reduction:

Unless a funeral establishment or cemetery has otherwise agreed in writing, a reduction facility that produces soil remains is responsible for providing for the final disposition and disposal of the soil remains in accordance with written direction given by an authorizing agent.

Except for acts of gross negligence or reckless disregard of the prohibitions under subsection (b) of this section, a practitioner or reduction facility operator is not liable for:

An individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.