§ 7–205
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health Occ. § 7-205 (2026)
Title 7. Morticians and Funeral Directors
Subtitle 2. State Board of Morticians and Funeral Directors
§ 7–205LinkCopy Citation
(a)
In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:
(1)
To adopt bylaws, rules, and regulations to carry out the provisions of this title;
(2)
To adopt a seal;
(3)
To establish procedures for licensing apprentices;
(4)
To keep a list of all individuals currently licensed by the Board;
(5)
To investigate any alleged violation of this title;
(6)
To enforce this title;
(7)
To adopt rules and regulations regarding false and misleading advertising and misrepresentation;
(8)
To inspect licensed funeral establishments;
(9)
On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, to conduct an unannounced inspection of the funeral establishment to determine compliance at that funeral establishment with the Centers for Disease Control and Prevention’s guidelines on universal precautions;
(10)
To establish standards for the practice of mortuary science; and
(11)
To establish standards for sanitation and waste disposal in connection with the practice of mortuary science.
(b)
The Board may conduct an audit of a licensee that:
(1)
Receives pre-need funds;
(2)
Places pre-need funds in a trust; or
(3)
Enters into a pre-need contract.
(c)
The Board shall:
(1)
Establish a process for regulating crematories and reduction facilities that provides for:
(i)
Registration of crematory operators and reduction operators or issuance of permits for operating crematories and reduction facilities, and renewal;
(ii)
Applications, including certification of ownership and identification of individuals who will perform cremation, alkaline hydrolysis, or natural organic reduction;
(iii)
Registration or permit fees;
(iv)
Inspections and oversight;
(v)
Grounds for discipline and penalties; and
(vi)
Complaints and hearings;
(2)
Adopt regulations that:
(i)
Implement item (1) of this subsection;
(ii)
Ensure public health and safety;
(iii)
Require a registered reduction operator to notify the authorizing agent in writing and before initiating natural organic reduction that a person who uses or disposes of soil remains is subject to § 5–514 of the Health – General Article;
(iv)
Require a reduction facility to monitor and record written verification that the temperature during each instance of a natural organic reduction process attains a specified minimum internal equipment temperature for a specified minimum period of time;
(v)
Establish appropriate standards for training and experience for the registration of reduction operators;
(vi)
Prohibit the use of natural organic reduction in any instance in which the human remains are known, or reasonably suspected, to be embalmed or to have an infection, disease, or biological condition that renders the process of natural organic reduction or the resulting soil remains unreasonably unsafe, including:
(1)
Creutzfeldt–Jakob disease or other prion disease;
(2)
Ebola virus infection;
(3)
Mycobacterium tuberculosis infection;
(4)
The presence of diagnostic or therapeutic radioisotopes; or
(5)
Any other infection, disease, or biological condition identified by the Board based on the reasonable recommendation of a federal, State, or local health authority;
(vii)
Establish a mandatory contamination testing program for reduction facilities to ensure the safety of soil remains produced, including the following minimum program elements:
(1)
Collecting routine material samples from soil remains for analysis using:
(A)
A reliable sampling methodology; and
(B)
An appropriate frequency of sampling, as recommended or approved by the U.S. Composting Council or another reliable scientific advisory authority;
(2)
Recording and retaining the results of an analysis of samples from the soil remains conducted by an independent third–party laboratory to identify the presence of heavy metals or microbial pathogens according to the appropriate contamination parameters for biosolids specified by the U.S. Environmental Protection Agency under Title 40 C.F.R. Part 503, Chapter I, Subchapter O;
(3)
Conducting an analysis for each production of soil remains to ensure that the soil remains contain less than 0.01 mg/kg dry weight of specific physical contaminants, which may include intact bone, dental fillings, and medical implants;
(4)
Ensuring that no soil remains are released until the soil remains comply with each of the applicable contamination testing parameters; and
(5)
Periodic reporting of testing results to appropriate State and local health authorities that have requested the results; and
(viii)
Establish any other reasonable prohibition, rule, or requirement the Board determines is necessary to protect the public health and safety during the process of natural organic reduction; and
(3)
Adopt a code of ethics for engaging in the operation of a crematory or reduction facility.