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 given by any one of the following persons if that person, whether alone or with another, has assumed control of the body for its final disposition: A parent; A spouse; A domestic partner; A child; A guardian; A next of kin; or In the absence of these persons, any other person. If a person does not assume control of a body under paragraph (1) of this subsection, the consent may be given by the State Anatomy Board. The consent may be in the form of: A written document; A telegram; or A recorded telephonic or other recorded message.

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: The next of kin; A person who is authorized to arrange for final disposition of the body under §§ 5–508 through 5–512 of this subtitle; or A medical examiner. 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.

A person may not cremate or initiate alkaline hydrolysis or natural organic reduction of a body until at least 12 hours after death.

A person may not transport a body to a crematory or reduction facility without using a cot and pouch or receptacle.

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: Be used before cremation; Be consumed during cremation; Be used after cremation; or Not be used before, during, or after cremation.

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: At least 3 individuals living near the house or a physician asks the health officer, in writing, to order final disposition of the body; The health officer issues an order for final disposition, within a time period stated in the order; and Final disposition of the body is not made within that time. 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.

Any individual who is 18 years of age or older may decide the disposition of the individual’s own body after that individual’s death without the predeath or post–death consent of another person by: Executing a document that expresses the individual’s wishes regarding disposition of the body, including a document designating a person to act as authorizing agent; or Entering into a pre–need contract. The person designated on a United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form, as the person authorized to direct disposition may serve as the authorizing agent for a decedent, if the decedent: Died while serving in the uniformed services; and Executed the United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form. An authorizing agent is bound by any valid document executed under this subsection in making decisions regarding the final disposition of the decedent’s body. 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: If the decedent executed a valid document under subsection (a) of this section: The person designated on the United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form, as the person authorized to direct disposition; or The person designated as an authorizing agent by a decedent in the valid document executed under subsection (a)(1) of this section; or Unless a person has knowledge that contrary directions have been given by the decedent, if a decedent has not executed a document under subsection (a) of this section: The surviving spouse or domestic partner of the decedent; An adult child of the decedent; A parent of the decedent; An adult brother or sister of the decedent; An adult grandchild of the decedent; A person acting as a representative of the decedent under a signed authorization of the decedent that does not meet the requirements of subsection (b) of this section; The guardian of the person of the decedent at the time of the decedent’s death, if one has been appointed; or In the absence of any person under items (i) through (vii) of this item, any other person willing to assume the responsibility to act as the authorizing agent, including the personal representative of the decedent’s estate, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under items (i) through (vii) of this item. Subject to paragraph (2) of this subsection, if a decedent has more than one survivor under subsection (c)(2)(i) through (v) of this section, any adult child, parent, adult brother or sister, or adult grandchild of the decedent who confirms in writing to a practitioner that all of the other members of the same class have been notified may serve as the authorizing agent for purposes of § 5–502 of this subtitle unless the practitioner receives a written objection to the cremation from another member of that class within 24 hours. If a decedent has more than one survivor under subsection (c)(2)(i) through (v) of this section, the majority of a class may serve as the authorizing agent. 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. This subsection may not be construed to require a licensed mortician, licensed funeral director, or licensed funeral establishment to make any notification regarding the right of disposition. A person shall forfeit the right of final disposition of the body of a decedent under subsection (c) of this section and the right shall pass to the next qualifying person, if the person: Does not exercise the right of disposition within 7 days after notification by a funeral establishment of the death of the decedent, or within 10 days after the decedent’s death, whichever is earlier; Subject to paragraph (3) of this subsection, is charged with first– or second–degree murder or voluntary manslaughter in connection with the decedent’s death and the charges are known to the funeral director; or Is the subject of an active interim, temporary, or final protective order and the decedent was a person eligible for relief, as defined under § 4–501 of the Family Law Article, under the order and a copy of the order is presented to the funeral director. A person whose right of disposition was forfeited under paragraph (2)(ii) of this subsection shall have the right restored, if: The criminal charges are dismissed; or The person is acquitted of the criminal charges. A person may waive the right of final disposition of the body of a decedent under subsection (c) of this section and the right shall pass to the next qualifying person, if: The person waives the right of disposition in writing; and The writing is submitted to the practitioner or funeral establishment. A practitioner or funeral establishment may not be held civilly liable for acting in reliance on this subsection.

If the majority of individuals under § 5-509(c) of this subtitle cannot agree on the arrangements, any individual specified in § 5-509(c) of this subtitle or the practitioner who has custody of the body, or both, may file a petition in the circuit court for the county in which the decedent was domiciled at the time of death or the county in which the body is located requesting the court to decide the final disposition of the body. The practitioner may add the court costs associated with a petition under this subsection to the costs of final disposition. 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. This section may not be construed to require or to impose a duty upon a practitioner to bring an action under this section. A practitioner may not be held criminally or civilly liable for choosing not to bring an action under this section.

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: If the individual alleges that permitting one or more of the individuals with priority under § 5-509(c) of this subtitle to authorize arrangements for the final disposition of the body of a decedent may cause substantial injustice; or If, considering all the circumstances, an individual other than an individual with priority under § 5-509(c) of this subtitle had a closer personal affinity to the decedent and should be allowed to make the arrangements. 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: Identification, embalming, or preparation of an unembalmed body for final disposition; Restoration and dressing of a body in preparation for final disposition; If applicable, placement inside a contained chamber or vessel without an external visual exposure during the process of alkaline hydrolysis or natural organic reduction; and Viewing during a visitation or funeral service. 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. If a funeral establishment, crematory, or reduction facility cannot secure the body of a decedent or cannot store the body as required in subsection (b) of this section due to an unforeseen circumstance, the funeral establishment, crematory, or reduction facility shall notify the State Board of Morticians and Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange for the final disposition of the body under § 5–509 of this subtitle. The notification required under paragraph (1) of this subsection shall: Be made within 24 hours after the occurrence of the unforeseen circumstance; and Include the name and location of the facility where the body is being transferred, the reason for the transfer, and the method of storage. The body of a decedent may not be embalmed or artificially preserved without: The express permission of the person authorized to arrange for the final disposition of the body under § 5–509 of this subtitle; or A court order. A funeral establishment, crematory, or reduction facility shall store the body of a decedent until final disposition at: A funeral establishment licensed under Title 7 of the Health Occupations Article; A crematory or reduction facility licensed under Title 7 of the Health Occupations Article; A crematory or reduction facility permitted under Title 5 of the Business Regulation Article; or Another facility that has passed an inspection with the State Board of Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2 years. 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. Except as provided in paragraph (2) of this subsection, while the body of a decedent is in the custody of a funeral establishment, crematory, or reduction facility in the State, the body may not be transported for preparation or storage to a facility that is not within the jurisdiction of the State, licensed by the State Board of Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight. The body of a decedent may be transported for preparation or storage to a facility that is not within the jurisdiction of the State, licensed by the State Board of Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if: The facility has entered into a written agreement with the State Board of Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the State to make unannounced inspections of the facility; and The person authorized to arrange for the final disposition of the body under § 5–509 of this subtitle: Has given written permission for the body to be transported to the facility; or Has given oral permission for the body to be transported to the facility; and Within 36 hours after giving oral permission, provides written verification of the oral permission.

An individual may not bury or dispose of a body except: In a family burial plot or other area allowed by a local ordinance; In a crematory; In a cemetery; In a reduction facility; By donating the body to medical science; or By removing the body to another state for final disposition in accordance with the laws of the other state. A person may not use or dispose of soil remains produced by natural organic reduction: On public or private property without the prior written permission of: The owner of the public property; The surviving owners of public record of the private property; or If the decedent was sole owner of the property at death, the authorizing agent; By using the soil remains to grow food for consumption by humans or livestock; By selling or reselling the soil remains to a third party; or By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers. 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: Transferring possession of soil remains at a reduction facility; or Delivering soil remains to another location according to the written direction provided by an authorizing agent. 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.