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<section article="gho" article_name="Health Occupations" number="7-406" title_number="7" title_name="Morticians and Funeral Directors" subtitle_number="4">
  <level label="a">
    <text>A licensee shall maintain a complete file for each cremation and each alkaline hydrolysis or natural organic reduction that is initiated that includes the signature of the next of kin, person identifying the body, or person responsible for disposition, time of death, and the date and time of cremation or the time that the alkaline hydrolysis or natural organic reduction was initiated.</text>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Eligible dependent” means a veteran’s spouse, a veteran’s unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 21 became permanently incapable of self–support because of physical or mental disability.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>“Identifying information” means data required by a veterans service organization to verify the eligibility of a veteran or an eligible dependent for burial in a national or state veterans cemetery.</text>
        </level>
        <level label="2">
          <text>“Identifying information” includes name, service number, Social Security number, date of birth, date of death, place of birth, and copy of the death certificate.</text>
        </level>
      </level>
      <level label="iv">
        <text>“Interment” has the meaning stated in § 9–901 of the State Government Article.</text>
      </level>
      <level label="v">
        <text>“Veteran” has the meaning stated in § 9–901 of the State Government Article.</text>
      </level>
      <level label="vi">
        <text>“Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of the association or entity.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>If a licensed funeral establishment or a crematory is in possession of cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or more, the licensed funeral establishment or holder of the permit for the business of operating a crematory shall provide identifying information of the unclaimed cremains or hydrolyzed remains to a veterans service organization in order for the veterans service organization to determine if the unclaimed cremains or hydrolyzed remains are those of a veteran or an eligible dependent.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>Subsubparagraph 2 of this subparagraph does not apply if:</text>
        </level>
        <level label="A">
          <text>An authorizing agent directs otherwise; or</text>
        </level>
        <level label="B">
          <text>A reduction facility reasonably concludes based on the identifying information or other evidence that a decedent does not qualify for disposition benefits associated with veteran status.</text>
        </level>
        <level label="2">
          <text>A reduction facility in possession of human remains that are being processed by natural organic reduction shall provide identifying information to a veterans service organization within 5 business days after natural organic reduction is initiated to determine if the soil remains are those of a veteran or an eligible dependent.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>Within 45 days after receipt of the information required under paragraph (2) of this subsection, the veterans service organization shall notify the licensed funeral establishment, permit holder, or reduction facility:</text>
      <level label="i">
        <text>Whether the cremains, hydrolyzed remains, or soil remains are those of a veteran or an eligible dependent; and</text>
      </level>
      <level label="ii">
        <text>If so, whether the veteran or eligible dependent is eligible for interment in a veterans cemetery.</text>
      </level>
    </level>
    <level label="4">
      <text>If the unclaimed cremains or hydrolyzed remains are those of a veteran or an eligible dependent, the licensed funeral establishment or permit holder may transfer the cremains or hydrolyzed remains to a veterans service organization for the purpose of the appropriate disposition of the cremains or hydrolyzed remains.</text>
    </level>
    <level label="5">
      <text>If the unclaimed soil remains are those of a veteran or eligible dependent, the reduction facility may:</text>
      <level label="i">
        <text>Transfer a portion of the soil remains not exceeding 300 cubic inches in volume to a veterans service organization that grants permission for the purpose of disposition; and</text>
      </level>
      <level label="ii">
        <text>If authorized, transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.</text>
      </level>
    </level>
    <level label="6">
      <text>If a veterans service organization does not take possession of unclaimed cremains or hydrolyzed remains that qualify for an interment location in a State veterans’ cemetery under § 9–906 of the State Government Article within 10 days after the licensed funeral establishment or permit holder receives the notification required under paragraph (3) of this subsection, the licensed funeral establishment or permit holder shall:</text>
      <level label="i">
        <text>Notify the Department of Veterans and Military Families of the status of the cremains or hydrolyzed remains for the purpose of the appropriate disposition of the cremains or hydrolyzed remains; and</text>
      </level>
      <level label="ii">
        <text>Transfer the cremains or hydrolyzed remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the cremains or hydrolyzed remains.</text>
      </level>
    </level>
    <level label="7">
      <text>If a veterans service organization does not take possession of a portion of unclaimed soil remains under paragraph (5)(i) of this subsection that qualifies for an interment location in a State veterans’ cemetery under § 9–906 of the State Government Article within 10 days after the reduction facility receives the notification required under paragraph (3) of this subsection, the reduction facility shall:</text>
      <level label="i">
        <text>Notify the Department of Veterans and Military Families of the status of the soil remains for the purpose of the appropriate disposition of the portion of soil remains;</text>
      </level>
      <level label="ii">
        <text>Transfer the portion of soil remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the portion of the soil remains; and</text>
      </level>
      <level label="iii">
        <text>If authorized by the cemetery or owner, transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.</text>
      </level>
    </level>
  </level>
</section>
