Title 09 — Subtitle 34. Office of Cemetery Oversight

Chapter 01. Registration and Permit Requirements

Regulation .01 Scope.Link Copy Citation

This chapter governs the:

(1)

Registration of individuals who operate cemeteries and provide burial goods for either human or pet remains in the State; and

(2)

Application procedures for persons requiring a permit to operate a cemetery or provide burial goods for either human or pet remains in this State.

This chapter does not apply to:

(1)

A person that owns and operates a bona fide religious, nonprofit cemetery in this State;

(2)

The operation of a funeral establishment in this State, including the sale of burial goods in the ordinary course of the funeral establishment's business;

(3)

A licensed funeral director acting within the scope of a State funeral director's license;

(4)

A mortician acting within the scope of a State mortician's license;

(5)

A not-for-profit organization created before 1900 by an act of the General Assembly;

(6)

A county, city, or municipal corporation that owns and operates a cemetery in the State; or

(7)

A veterans' cemetery operated by the State.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Balance sheet” means a statement of financial position which presents assets, liabilities, and stockholders' equity or fund balance, and distinguishes current assets and current liabilities from other assets and liabilities.

(2)

“Bona fide religious, nonprofit cemetery” means a cemetery which is owned and operated solely by a religious organization and is established as a nonprofit business entity.

(3)

“Burial goods” means goods that are used in connection with either human or pet burial.

(4)

“Cemetery” means the interment of either human or pet remains.

(5)

“Comparative balance sheet” means a statement of financial position which presents assets, liabilities, and stockholders' equity or fund balance, and compares a previous year's results with the most recent year's results.

(6)

“Contract” means an agreement between a consumer and a cemetery or burial goods business for any service or any burial good purchased from a cemetery or burial goods business.

(7)

“Development stage enterprise financial sheet” means a financial statement which is prepared in conformity with generally accepted accounting principles and which includes the following:

(a)

A balance sheet;

(b)

An income statement;

(c)

A statement of changes in financial position; and

(d)

A detailed statement of stockholders' equity.

(8)

“Director” means the Director of the Office of Cemetery Oversight.

(9)

“Office” means the Office of Cemetery Oversight.

(10)

“Registered cemeterian” means an individual who:

(a)

Is registered to operate a cemetery as a sole proprietor or on behalf of a sole proprietor or permit holder; and

(b)

May employ sales counselors to provide burial space, goods, or services.

(11)

“Registered sales counselor” means an individual employed by a cemetery or burial goods business who provides burial space, goods, or services.

(12)

“Registered seller” means an individual who:

(a)

Is registered to provide burial goods as a sole proprietor or on behalf of a sole proprietor or permit holder to operate a burial goods business; and

(b)

May employ sales counselors.

(13)

“Responsible party” means a sole proprietor or the individual designated by a partnership, limited liability company, or corporation to be responsible for the operations of a cemetery or burial goods business.

(14)

“Substantial doubt” means that a certified public accountant, after reviewing a business's balance sheet, related note disclosures, and supplementary information, determines that a company's ability to continue as a going concern is in doubt or that a company is unable to continue to meet its obligations as they become due without substantial disposition of assets outside the ordinary course of business, restructuring of debt, externally forced revisions of its operations, or similar actions.

Regulation .03 Exception from Permit and Registration Requirements.Link Copy Citation

Except as provided in §§C and D of this regulation, a bona fide religious, nonprofit cemetery is exempt from the permit requirements in this chapter.

Except as provided in §§C and D of this regulation, an owner, operator, or employee of a bona fide religious, nonprofit cemetery is exempt from the registration requirements of this chapter.

A bona fide religious, nonprofit cemetery in which burials have taken place within the previous 5 years, shall file with the Director, once every 2 years, a statement that includes the name, address, and telephone number of the:

(1)

Cemetery;

(2)

Religious organization that owns and operates the cemetery; and

(3)

Individual who is responsible for the oversight of the cemetery.

If the Director determines that a cemetery claiming exemption under Business Regulation, §5-102, Annotated Code of Maryland, is no longer exempt, that cemetery and its owners, operators, and employees shall apply for the required permits and registrations within 30 days of the determination.

Regulation .04 Permit—Requirements for Initial Permit of Business.Link Copy Citation

A corporation, limited liability company, or partnership shall receive a permit to operate a cemetery or to provide burial goods in this State if the corporation, limited liability company, or partnership meets the permit requirements in this regulation.

A corporation, limited liability company, or partnership shall receive a permit from the Office if the entity:

(1)

Completes an application on a form provided by the Director;

(2)

Pays the nonrefundable permit fees under COMAR 09.34.03;

(3)

Provides the name, address, and phone number of each affiliated cemetery or burial goods business;

(4)

Designates a registered cemeterian or registered seller as the responsible party for each affiliated cemetery or burial goods business provided that the registered cemeterian or registered seller may not be designated as the responsible party for more than a combined total of three cemeteries or burial goods businesses;

(5)

Provides a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit;

(6)

Provides the number of required sales contracts entered into within the business' last 2 fiscal years; and

(7)

Complies with the appropriate financial stability requirements under Regulation .06 of this chapter.

Regulation .05 Registration — Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods.Link Copy Citation

An individual shall be registered by the Office if the individual meets the registration requirements of this regulation.

An individual shall be registered with the Office if the individual:

(1)

Completes a registration application supplied by the Office;

(2)

Pays the initial nonrefundable application fee and any additional fees set by the Director under COMAR 09.34.03;

(3)

Is 18 years old or older;

(4)

Is of good character and reputation, and lists the applicant's previous three employers;

(5)

States the name and mailing address of the cemetery or burial goods business with which the applicant is affiliated;

(6)

States whether the cemetery or burial goods business with which the applicant is affiliated is owned or controlled by:

(a)

A partnership;

(b)

A limited liability company;

(c)

A corporation; or

(d)

A sole proprietorship;

(7)

States whether the application is for:

(a)

Registered cemeterian;

(b)

Registered seller;

(c)

Sales counselor; and

(8)

If the applicant is a responsible party, demonstrates financial stability under Regulation .06 of this chapter for the permit or sole proprietor application of the cemetery or burial goods business with which the applicant is affiliated.

Additional Requirements.

(1)

An individual applying for initial registration 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 application is being made ever denied, suspended, or revoked by Maryland or 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 cemetery or burial goods business;

(d)

Had any civil judgments or settlements within the 5 years before applying for registration which relate directly to the operation of a cemetery or providing burial goods or services;

(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; and

(f)

Filed for bankruptcy.

(2)

Additional Information. An applicant shall submit copies of all:

(a)

Charging documents which were issued and docket entries for convictions which occurred before applying for registration, for a misdemeanor or felony referred to in §C(1) of this regulation;

(b)

Disciplinary actions, judgments, and final orders which occurred or were issued, before applying for registration for any regulatory probation, suspension, or revocation, referred to in §C(1)(a) of this regulation, in Maryland or any jurisdiction; and

(c)

Civil judgments or settlements against the applicant within the past 5 years which relate directly to the operation of a cemetery or providing burial goods.

An individual may not be designated as the responsible party for more than a combined total of three cemeteries or burial goods businesses.

An individual may be issued registrations for affiliations with more than one cemetery or burial goods business if each affiliated cemetery or burial goods business is owned by the same individual or entity.

Regulation .06 Business Application — Financial Stability.Link Copy Citation

The following are the categories of cemeteries and burial goods businesses for purposes of determining financial stability:

(1)

A for-profit cemetery or a cemetery which sells burial goods making initial application;

(2)

A nonprofit cemetery which does not sell burial goods making initial or renewal application;

(3)

A for-profit cemetery or a cemetery which sells burial goods applying for renewal of permit;

(4)

A burial goods business or new burial goods business making initial application, or existing burial goods business applying for renewal;

(5)

A new cemetery which sells burial goods or new cemetery which does not sell burial goods; and

(6)

A cemetery which no longer sells goods or space and in which an average of five or fewer interments have occurred within the past 3 fiscal years.

To determine financial stability of each category of affiliated cemetery or burial goods business, the responsible party shall:

(1)

Submit an application on a form supplied by the Director;

(2)

Be in good standing with the Maryland Department of Assessments and Taxation or have an equivalent status, as determined by the Director;

(3)

Submit any additional documentation required as set forth in §§C—H of this regulation; and

(4)

If the applicant is a cemetery, state whether the cemetery is organized as a for-profit or nonprofit operation and whether it sells burial goods.

The responsible party for a cemetery described in §A(1) of this regulation shall submit:

(1)

A balance sheet; and

(2)

A review by a certified public accountant retained by the affiliated cemetery, prepared in accordance with generally accepted accounting principles, as to the financial stability of the cemetery.

The responsible party for a cemetery described in §A(2) of this regulation shall submit an affidavit which states that the cemetery does not sell burial goods and has nonprofit status.

The responsible party for a cemetery in §A(3) of this regulation shall submit:

(1)

A comparative balance sheet; and

(2)

A review by a certified public accountant retained by the affiliated cemetery, prepared in accordance with accepted accounting principles, as to the financial stability of the cemetery.

The responsible party for a burial goods business in §A(4) of this regulation shall submit the documents required by §B(1) and (2) of this regulation.

Development Stage Enterprise Financial Sheet.

(1)

The responsible party for a cemetery described in §A(5) of this regulation shall submit a development stage enterprise financial sheet, prepared in accordance with generally accepted accounting principles, by a certified public accountant retained by the affiliated cemetery.

(2)

If the certified public accountant retained by the affiliated cemetery has substantial doubt about the reporting entity's ability to continue in business beyond 1 year from the development stage enterprise financial sheet, the certified public accountant shall specifically reference this concern in the development stage enterprise financial sheet.

The responsible party for a cemetery described in §A(6) of this regulation shall submit an affidavit stating that the cemetery no longer sells space or goods and that there has been an average of five or fewer interments per year in the past 3 fiscal years.

The balance sheet and the comparative balance sheet in this regulation shall include:

(1)

Note disclosures which, if applicable to the affiliated cemetery or burial goods business, shall include:

(a)

A description of how cemetery roadways, garden features, and other features of the cemetery are accounted for, whether as fixed assets and depreciated, or as cost of the grave space inventory and part of cost of sales as spaces are sold;

(b)

The method of providing for allowance for cancellations on installment contracts;

(c)

The method of accounting for developed burial gardens, constructed mausoleum crypt or niche inventories, and related cost of sales;

(d)

Receivables sold with recourse;

(e)

The method of accounting for preconstruction sales of burial gardens, mausoleum crypts, or niche spaces;

(f)

A description of how the obligation for undelivered merchandise sold as preneed is accounted for;

(g)

The method of recognizing preneed sales of services and related costs;

(h)

The nature and amount of any perpetual care assets included in the classified balance sheet, which may or may not be in accordance with generally accepted accounting principles;

(i)

The existence and nature of any nonstatutory trust funds;

(j)

Loans or other amounts receivable from, or payable to, merchandise and service trust funds or perpetual care trust funds not otherwise reported on the face of the classified balance sheet or in the supplementary information; and

(k)

A description of loans or other amounts receivable from, or payable to, shareholders, directors, trustees, or officers; and

(2)

Supplementary information which, if applicable to the affiliated cemetery or burial goods business, shall include:

(a)

Amounts of installment contracts receivable for which customer payments are more than 120 days beyond their scheduled payment dates and the dollar amounts that are beyond the 120 days; and

(b)

Details of liabilities due upon collection of final payment on installment contracts receivable.

The balance sheet and comparative balance sheet, related note disclosures, and supplementary information submitted to the Office shall be that of the most recently ended fiscal year of the affiliated cemetery. The comparative balance sheet shall also include a comparison with the statements submitted for the reported fiscal year in the previous application.

If the certified public accountant has substantial doubt about the reporting entity's ability to continue in business beyond 1 year from the balance sheet date, the certified public accountant shall specifically reference this concern in the review report or related note disclosures, or both.

If the cemetery or burial goods business is owned by a publicly traded company, or is owned by a company or individual that normally reports its financial statements on a consolidated basis, the balance sheet may be prepared on a combined basis for all of its cemeteries or burial goods businesses located in Maryland, only if the publicly traded company, company, or individual that owns multiple cemeteries or burial goods businesses guarantees its obligations to consumers among all of its Maryland properties or businesses that are included in the combined report.

The Office may waive the financial stability requirement of this regulation only if the affiliated cemetery or burial goods business has fulfilled the financial stability requirements of this regulation within the past 2 years.

Regulation .07 Change of Information.Link Copy Citation

The responsible party shall notify the Office of any change in the information provided in the application for a permit or registration either before or after the issuance of a permit or registration within 1 week from the date of a change.

Regulation .08 Setting of Fees.Link Copy Citation

All fees shall be set by the Director. The fee schedule is set forth in COMAR 09.34.03.

Regulation .09 Renewal.Link Copy Citation

A person who is registered or permitted with the Office may renew registration or a permit every 2 years beginning on a date specified by the Office in the following manner:

(1)

Complete the renewal application on a form supplied by the Director;

(2)

Pay the renewal fee set in COMAR 09.34.03;

(3)

Meet the initial registration or permit requirements under Regulations .04, .05, and .06 of this chapter;

(4)

Submit the documentation required by Regulation .06 of this chapter, and (5) If a balance sheet is required, submit a comparative balance sheet, related note disclosures, and supplementary information based on the requirements for a comparative balance sheet of Regulation .06 of this chapter accompanied by a review report prepared by a retained certified public accountant.

Before the expiration date of the registration or permit, a registrant or permit holder shall complete and return the renewal form and renewal fee according to instructions. After the expiration date, if a registrant or permit holder has not yet applied for renewal, the registrant or permit holder is no longer authorized to engage in the operation of a cemetery or to provide burial goods in this State.

If a registrant or permit holder completes and returns the renewal form before the deadline established by the Office, and the Office does not renew the registration or permit before the registration or permit expires, the registrant or permit holder is considered to be actively registered or permitted until receipt from the Office of either a renewed registration or permit or a notice of denial of registration or permit.

If a registrant or permit holder applies for renewal past the renewal deadline established by the Office, the registrant or permit holder shall pay the renewal fee plus the late renewal fee under COMAR 09.34.03.

Regulation .10 Lapsed Registration.Link Copy Citation

A person who has been registered or permitted by the Office and who has allowed the registration or permit to lapse for at least 6 months may apply for registration or a permit in the following manner:

Complete an initial registration or permit application on a form supplied by the Office;

Pay the initial registration or permit fee and the late renewal fee under COMAR 09.34.03;

Meet the initial registration or permit requirements under Regulations .04, .05, and .06 of this chapter;

Submit the documentation required by Regulation .06 of this chapter;

If a balance sheet is required, submit a comparative balance sheet, related note disclosures, and supplementary information based on the requirements for a comparative balance sheet of Regulation .06 of this chapter accompanied by a review report prepared by a retained certified public accountant; and

Provide a full, written explanation to the Office detailing the reasons why the registration or permit was allowed to expire and why registration or a permit is now sought.

Regulation .11 Hearings.Link Copy Citation

Registration or Permit Denial. An applicant, registrant, or permit holder applying for an initial or renewal registration or permit may be denied approval subject to the hearing provisions of Business Regulation Article, §5-311, Annotated Code of Maryland, for any of the grounds listed in Business Regulation Article, §5-310, Annotated Code of Maryland.

Hearing Before Director.

(1)

Except as otherwise provided in §B(2)—(6) of this regulation, all contested case hearings before the Director shall be governed by COMAR 09.01.02.

(2)

In addition to the actions provided in COMAR 09.01.02.03C, the Director shall attempt to negotiate a settlement of a complaint between the complainant and a registrant or permit holder. If the Director is unable to negotiate a settlement of a complaint, the Director may, at the request of either party, refer the complaint to the Office of the Attorney General or the Office of Administrative Hearings for binding arbitration, if both parties agree to binding arbitration.

(3)

An applicant who has been notified that a new or renewal registration or permit has been or may be denied and who requests a hearing before the Director must file the request for a hearing not later than 30 days after the date the notice or proposed action was mailed.

(4)

The Director 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.

(5)

The notice to an applicant that a new or renewal registration or permit has been or may be denied shall state that the proposed action of the Director 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.

(6)

If, after a hearing, the proposed action of the Director is upheld, the appellant shall pay the hearing costs as described in COMAR 09.34.03.03F.

Hearings Delegated 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.

Regulation .12 Display of Registration or Permit.Link Copy Citation

A registrant or permit holder shall display the registration or permit conspicuously at each business address of the registrant or permit holder.

Regulation .13 Communication from Director — Failure to Respond.Link Copy Citation

Definition.

(1)

In this regulation, the following term has the meaning indicated.

(2)

Term Defined — Person.

(a)

“Person” has the meaning provided in Business Regulation Article, §1-101(g), Annotated Code of Maryland.

(b)

“Person” includes:

(i)

Any registrant or permit holder under Business Regulation Article, Title 5, Annotated Code of Maryland, and any applicant for a registration or permit to operate a cemetery or crematory, or to provide burial goods, in this State; and

(ii)

Any other person required under the provisions of Business Regulation Article, Title 5, Annotated Code of Maryland, or any regulation in this subtitle, to respond to a communication from the Director.

Duty to Respond.

(1)

If a person receives from the Director or the Office a written communication requesting a response, the person shall respond in writing, by first-class mail, within 30 days of the date of the mailing.

(2)

It is the responsibility of a person to notify the Office in writing if there has been a change in the person’s address.

Failure to respond as required by this regulation may be considered by the Director to be a violation of Business Regulation Article, Title 5, Annotated Code of Maryland.

Chapter 02. Perpetual Care

Regulation .01 Scope.Link Copy Citation

This chapter governs each sole proprietor registered cemeterian or permit holder for either human or pet remains who is required to have a perpetual care trust fund and identifies the information which must be provided to the Office of Cemetery Oversight as part of the perpetual care trust report.

Regulation .02 Definition.Link Copy Citation

In this chapter, the following term has the meaning indicated.

Income of a Perpetual Care Trust Fund.

(1)

“Income of a perpetual care trust fund” means interest or dividends earned on the perpetual care trust fund.

(2)

“Income of a perpetual care trust fund” does not include realized capital gains of a perpetual care trust fund.

Regulation .03 Perpetual Care Report.Link Copy Citation

The perpetual care trust report shall comply with the requirements of Business Regulation Article, §5-606, Annotated Code of Maryland.

Regulation .04 Realized Capital Gains of a Perpetual Care Trust Fund.Link Copy Citation

Realized capital gains of a perpetual care trust fund are not income of the perpetual care trust fund and shall be deposited in the perpetual care trust fund as principal.

Chapter 03. Fees

Regulation .01 Registration Fees.Link Copy Citation

Initial registration fees are as follows:

(1)

Registered cemeterian/registered seller who is a sole proprietor of a cemetery or burial goods business — $150 plus $30 per sales contract of $250 or more entered into within the business’ past 2 fiscal years;

(2)

Registered cemeterian/registered seller who is not a sole proprietor of a cemetery or burial goods business — $150;

(3)

Registered cemeterian who operates a nonprofit cemetery which does not sell burial goods — $50;

(4)

Sales counselor — $100.

Registration renewal fees are as follows:

(1)

(2)

Registered cemeterian/registered seller who is not a sole proprietor of a cemetery or burial goods business — $150;

(3)

Registered cemeterian who operates a nonprofit cemetery which does not sell burial goods — $50;

(4)

Sales counselor — $100.

The late renewal fee is $100.

Regulation .02 Permit Fees.Link Copy Citation

Permit fees are as follows:

Initial permit fee — $200 plus $30 per sales contract of $250 or more entered into within the business’ past 2 fiscal years;

Permit renewal fee — $200 plus $30 per sales contract of $250 or more entered into within the business’ past 2 fiscal years;

Initial permit fee for a nonprofit cemetery which does not sell sales contracts — $50;

Permit renewal fee for a nonprofit cemetery which does not sell sales contracts — $50;

Late renewal fee — $100.

Regulation .03 Other Fees.Link Copy Citation

Other fees are as follows:

Replacement of registration — $50;

Replacement of permit — $50;

Returned check fee — $50;

Annual perpetual care trust report fee — $25;

Annual preneed sales trust report fee — $25;

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, §5-310, Annotated Code of Maryland, before the Office or the Office of Administrative Hearings;

Additional copy of registration — $50;

Additional copy of permit — $50;

Business name change — $25;

Personal name change — $25; and

Business address change — $25.

Chapter 04. Code of Ethics and Professional Standards

Regulation .01 Scope.Link Copy Citation

This chapter governs any person who holds a registration or permit to operate a cemetery or to provide burial goods for either human or pet remains in this State.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

Burial Space.

(a)

“Burial space” means land or space in a structure used or to be used for human interment.

(b)

“Burial space” includes an interment right in the land or space.

(2)

Consumer.

(a)

“Consumer” means an actual or prospective purchaser, lessee, or recipient of consumer goods, consumer services, consumer realty, 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 burial space or burial goods or to act on behalf of the consumer.

(3)

“Decedent” means a person or pet who is no longer living.

(4)

“Installation of a memorial” includes the installation of a foundation for a memorial.

(5)

“Licensee” means a person licensed by the State agency to sell burial space, burial goods, or burial services.

(6)

“Memorial” means a marker, memorial, monument, scroll, urn, vase, or other permanent fixture used to memorialize a burial space.

Regulation .03 General Professional Practices.Link Copy Citation

A registrant or permit holder shall:

(1)

Act in a manner that respects and protects the dignity of a decedent and the decedent’s family or pet’s owner;

(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 Commercial Law Article, Titles 12 and 13, Annotated Code of Maryland;

(5)

Implement and follow through on all arrangements agreed upon between a consumer and the cemetery or burial goods business;

(6)

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;

(7)

Comply with the State laws for cremation;

(8)

Be sensitive and responsive to the bereavement needs of a decedent’s family or pet’s owner;

(9)

Complete the obligations of a paid-in-full contract within a reasonable time of the need for these goods and services;

(10)

Comply with all laws dealing with the operation of a cemetery or providing burial goods;

(11)

Be responsible for repair or replacement of any memorial damaged or improperly set by the registrant or the registrant's or permit holder's employees;

(12)

Disclose to a consumer orally and in writing at or before the time of a preneed sale all goods and services that are reasonably expected to be required at the time of need that are not included in the preneed burial contract, including:

(a)

Interment or entombment fees including opening and closing costs, and any additional fees associated with an extra depth interment,

(b)

A vault or grave liner or the installation of a vault or grave liner, or both,

(c)

Removal and replacement of a footing or memorial, or both, for the opening and closing of a burial space,

(d)

Imposition of additional fees for weekend, holiday, or after hours interment, including any rights to a refund or reimbursement of the fees for services paid in advance but not utilized, and notification that any additional fees imposed for weekend, holiday, or after hours interment will be those listed on the current general price list at the time of need, and

(e)

Any other goods or services for which the registrant or permit holder charges a fee including but not limited to memorial care fees, vault inspection fees, vault installation fees, lay-out fees, temporary marker fees, memorial inscription fees, and inspection fees;

(13)

Disclose to a consumer orally and in writing at or before the time of a sale of a monument, memorial, or other permanent product used to identify a human or pet burial space all goods and services related to the monument, memorial, or other permanent product that are reasonably expected to be required for the full use and care of the product at the time of need that are not included in the burial contract, including:

(a)

Installation of memorials,

(b)

Inspection and lay-out fees charged by cemeteries in connection with the installation of foundations, memorials, or both,

(c)

Removal and resetting fees,

(d)

Memorial care fees,

(e)

Date of death inscription, and

(f)

Any other goods, services, or fees directly related to or reasonably expected to be required for full use and care of installed memorials;

(14)

State to a consumer in clear understandable language orally and in writing, at the time of entering into a contract, all cancellation and refund rights which may be available to the consumer, including rights relating to burial spaces, caskets, and burial goods considered delivered;

(15)

Disclose to a consumer, orally and in writing, the responsibility of the registrant or permit holder for the continued care of memorials after purchase;

(16)

Disclose to a consumer, orally and in writing, at or before the time of an at-need sale that:

(a)

Memorials and foundations for memorials may be purchased either from the cemetery or an outside burial goods business; and

(b)

The installation or servicing of memorials, including foundations, may be purchased from either the cemetery or an outside burial goods business;

(17)

Provide to any person who requests information, at the office, regarding burial space, burial goods, or burial services, the general price list for the person to retain;

(18)

Provide accurate information, orally, from the general price list to any person who requests information, by telephone, regarding specific burial space, burial goods, or burial services;

(19)

Present to a consumer a balanced display of various cost options of burial goods or services offered for sale; and

(20)

Comply with any oral or written disclosure requirements in this chapter by obtaining a signed acknowledgment from the consumer.

A registrant or permit holder may not:

(1)

Place advertisements which include statements:

(a)

Containing misrepresentation of facts,

(b)

Likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts,

(c)

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

(d)

Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived;

(2)

Use, or participate in the use of, any form of communication to consumers containing a false, fraudulent, misleading, deceptive, or unfair statement or claim;

(3)

Operate a cemetery or provide burial goods while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician;

(4)

Fail to provide care to a memorial or burial space if the registrant or permit holder agrees to provide this care;

(5)

Provide less care to or state or imply that less care is given a memorial or burial space if a memorial is obtained from a person other than the registrant or permit holder; and

(6)

Pay or agree to pay any sum or any thing of value to any person, who is not licensed or registered by a State agency to sell burial space, or burial goods or services, for soliciting or referring, at need, a consumer for the purchase of burial space, or burial goods or services.

Regulation .04 Professional Standards for Registered Cemeterians and Permit Holders that Own or Operate Cemeteries.Link Copy Citation

A registered cemeterian or cemetery permit holder shall:

(1)

Maintain cemetery grounds and structures in a reasonable condition;

(2)

Keep accurate records of all sales and interments, including a map or plat which identifies the section name, lot number, and site number of each burial space in the cemetery or mausoleum or both;

(3)

Establish and maintain a record with the dates, locations, facts, and any permit required under Health-General Article, §4-215(e), Annotated Code of Maryland, relative to the relocation of human remains, including cremated human remains, from an existing burial space to another burial space;

(4)

Provide to a consumer, orally and in writing, at the time of entering into a contract for a memorial, a statement of the cemetery's policy on the use of independent monument companies;

(5)

Provide to a consumer, within 1 business day, a response to an authorization request for the installation or servicing of a foundation or burial goods;

(6)

Provide to a consumer, upon request, within 1 business day, information about the rules and regulations for a section and area of the cemetery, including the specifications, standards, and requirements, and any fees for the installation and type of memorial;

(7)

Provide, upon request, to a consumer, within 1 business day, information regarding the exact location of a burial space for the purpose of installing or servicing a memorial;

(8)

Have the same specifications, standards, and requirements for the installation of memorials in the registrant's or permit holder's cemetery regardless of who sold the memorial; and

(9)

Disclose to a consumer, orally and in writing, at the time of entering into a contract, the number of interments that may be placed in each burial space and their disposition within a burial space.

(10)

Disclose to the owner of the burial space, in writing, if damage has occurred to the integrity of a casket, liner, vault, crypt, mausoleum space, or columbarium space within 10 days of discovery of the damage;

(11)

If the damage which has occurred to the integrity of a casket, liner, vault, crypt, mausoleum space, or columbarium space, was caused by the actions of the cemetery, offer to repair or to supply to the owner of the burial space a reasonable and comparable alternative burial space, casket, liner, vault, crypt, mausoleum space, or columbarium space; and

(12)

Maintain in the cemetery's office, for inspection by consumers, a current and complete listing of the rules and requirements of the cemetery including those related to memorialization, interment, memorial services, burial space embellishments, and hours of operation.

A registered cemeterian or cemetery permit holder may not:

(1)

State or imply that the State requires a consumer to come to a cemetery before an interment is performed;

(2)

Charge extra fees for the storage of a casket, or the opening and closing of a burial space after hours, due to a delay in burial attributable to a breakdown of equipment or to the registrant's or permit holder's actions;

(3)

Charge a fee for disclosing any information which is needed to install or service a memorial;

(4)

Establish any policy or rule which unreasonably impedes, prohibits, or restricts anyone from viewing the lowering of a casket or participating in a funeral service at a burial space;

(5)

Knowingly or intentionally open a burial space other than that which the lot owner, next-of-kin, family, or their agent or personal representative owns or purchased for right of burial;

(6)

Knowingly or intentionally resell a burial space which has already been sold for future use or in which an interment exists;

(7)

Charge any fees relating to the installation or servicing of burial goods purchased from a registered cemetarian, registered seller, or permit holder, other than the registered cemeterian or permit holder, unless the fee is reasonable and is based on actual labor and other appropriate costs; and.

(8)

Charge a fee for any memorial care other than perpetual memorial care.

Chapter 05. Crematories — Definitions

Regulation .01 Scope.Link Copy Citation

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.

Regulation .02 Definitions.Link Copy Citation

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.

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)

“Alkaline hydrolysis” means the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.

(3)

“Authorizing agent” means an individual who has legal authority to arrange for and make decisions regarding the final disposition of human remains, including cremation or alkaline hydrolysis.

(4)

“Board” means the Board of Morticians and Funeral Directors.

(5)

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.

(c)

“Consumer” includes a funeral establishment contracting with a crematory or the authorizing agent of a decedent contracting with a crematory.

(6)

“Cremated human remains” means the recoverable bone fragments of a deceased person that result from the completion of cremation.

(7)

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

(8)

“Cremation container” means a readily combustible, rigid container in which human remains are sent to the crematory and then placed in the cremator for cremation.

(9)

“Cremator” means the machinery within which the process of cremation begins.

(10)

“Crematory” means a building, portion or a building, or structure that houses the necessary appliances and facilities for cremation, alkaline hydrolysis, or both.

(11)

“Decedent” means a dead human being.

(12)

“Embalming” means the disinfection or preserving of human remains by arterial or cavity injection or any other type of preservation.

(13)

“Engage in the operation of a crematory” means controlling or managing a crematory.

(14)

“Holding facility” means an area, within or adjacent to a crematory, designed for the retention of human remains before cremation or alkaline hydrolysis.

(15)

Human Remains.

(a)

“Human remains” means:

(i)

The body of a deceased person; or

(ii)

A part of a body or limb that has been removed from a living person.

(b)

“Human remains” includes the body or part of a body or limb in any state of decomposition.

(16)

“Hydrolysis container” means a container, including a body bag, in which human remains are sent to the crematory for alkaline hydrolysis, but the human remains may be removed prior to the start of the process of alkaline hydrolysis.

(17)

“Hydrolysis unit” means the watertight vessel in which the process of alkaline hydrolysis occurs.

(18)

“Hydrolyzed human remains” means the recoverable bone fragments of a deceased person that result from the completion of alkaline hydrolysis.

(19)

“Office” means the Office of Cemetery Oversight.

(20)

“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.

(21)

“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.

(22)

“Person” means an individual, receiver, trustee, corporation, limited liability company, or partnership.

(23)

“Processed human remains” means the end result of pulverization.

(24)

“Pulverization” means the process following cremation or alkaline hydrolysis of crushing, grinding, or milling cremated or hydrolyzed human remains into fine particles or powder, leaving bone fragments reduced to 5 millimeters or less.

(25)

“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.

(26)

“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.

(27)

“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.

Chapter 06. Crematories — Permit and Registration Process and Fees

Regulation .01 Scope.Link Copy Citation

This chapter governs the permit process for persons, regulated under Business Regulation Article, Title 5, Annotated Code of Maryland, who operate a crematory in the State and the fees for crematory and registered crematory operator permits.

Regulation .02 Permit Issuing Agency.Link Copy Citation

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.

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.

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.

A person who is a licensee or holder of a corporation license 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 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Board.

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.

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.

A permit issued by the Office shall specify if the crematory is authorized to offer and perform either cremation services, alkaline hydrolysis services, or both.

Regulation .03 Permit — Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership.Link Copy Citation

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.

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:

(a)

The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b)

A registered crematory operator shall be registered to operate a cremator, an alkaline hydrolysis unit, or both;

(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.

Regulation .04 Permit — Requirements for Permit for a Crematory Owned by a Sole Proprietor.Link Copy Citation

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.

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:

(a)

The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b)

A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both; 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.

Regulation .05 Permit — Requirements for Registration for a Registered Crematory Operator.Link Copy Citation

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. The permit shall specify whether the individual’s training and registration required by this chapter permits the individual to operate a cremator, alkaline hydrolysis unit, or both.

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 provides at least three character references from employers, community leaders, or professional societies, that the applicant is an individual of good character and reputation;

(5)

Has achieved certification as a crematory operator by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board;

(6)

Has successfully completed the operator training course of the manufacturer of the cremator or alkaline hydrolysis unit 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.

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)

(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 permit holder 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.

A registered crematory operator may not be designated as the responsible party for more than two crematories.

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.

Regulation .06 Permit — Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership.Link Copy Citation

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.

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:

(a)

The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b)

A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both.

(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.

Regulation .07 Permit — Requirements for a New Crematory Owned by a Sole Proprietor.Link Copy Citation

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.

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:

(a)

The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b)

A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both; 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.

Before applying to the Office for a permit, a crematory shall have in its employ an individual who holds a certification from:

(1)

The Cremation Association of North America;

(2)

The International Cemetery, Cremation and Funeral Association; or

(3)

Another equivalent body recognized by the Office and the Board.

Regulation .08 Change of Information.Link Copy Citation

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, within 1 week of the date of the change.

Regulation .09 Renewal.Link Copy Citation

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.

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.

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.

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.

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 .12 of this chapter.

Regulation .10 Lapsed Permit.Link Copy Citation

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:

Complete a permit application form;

Pay the permit fee and the late renewal fee under Regulation .12 of this chapter;

Meet the permit requirements under Regulation .03, .04, or .05 of this chapter;

Submit the documentation required by Regulation .03, .04, or .05 of this chapter;

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

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.

Regulation .11 Hearings — Permit Denial.Link Copy Citation

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.

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.

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.

Regulation .12 Fees.Link Copy Citation

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.

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.

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,

Regulation .13 Display of Permit.Link Copy Citation

A permit holder shall display the permit conspicuously, in a public area at each business address of the permit holder.

Regulation .14 Cremation Prior to Obtaining a Permit.Link Copy Citation

A crematory may cremate or hydrolyze the human remains of one decedent prior to obtaining a permit from the Office, provided:

The cremation or alkaline hydrolysis is only performed as part of the manufacturer’s operator training course for the cremation machinery or alkaline hydrolysis unit in which the cremation or alkaline hydrolysis takes place; and

The person or persons with the right to final disposition of the decedent are notified and have given permission prior to the cremation or alkaline hydrolysis.

Chapter 07. Crematories — Inspections, Complaints, and Discipline

Regulation .01 Scope.Link Copy Citation

This chapter governs crematory inspections, the complaint process, investigations, grounds for discipline, and penalties.

Regulation .02 Inspection by the Office.Link Copy Citation

A crematory shall be available for inspection by a representative of the Office at any time during operating hours. The permit holder or registered crematory operator shall be available to accompany the inspector during the inspection and sign the initial inspection report. A copy of the inspection report shall be provided to the permit holder or registered crematory operator.

Each 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.

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 or alkaline hydrolyses, there shall be no more than one human body cremated or hydrolyzed in a single cremator or alkaline hydrolysis unit at a time;

(3)

A cremator or alkaline hydrolysis unit shall be cleaned completely after each cremation or alkaline hydrolysis;

(4)

There may not be co-mingling of human remains and pet remains in refrigeration units, cremators, or alkaline hydrolysis units;

(5)

Separate cremators or alkaline hydrolysis units shall be dedicated for the cremation or alkaline hydrolysis of human remains and the cremation or alkaline hydrolysis of pets;

(6)

There may not be:

(a)

Co-mingling of processed human remains with other processed human remains or pet remains;

(b)

Scooping of processed human remains from a bucket containing commingled processed human remains; or

(c)

Any form of misrepresentation in the return of processed human remains;

(7)

Excluding a deceased person with a known communicable infection, human remains shall be properly identified before cremation or alkaline hydrolysis 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 sink with hot and cold water in the room in which the crematory equipment is housed; and

(b)

The tools necessary to thoroughly clean the floor within the room housing the crematory equipment with water and an appropriate sanitizing agent;

(10)

The name of the deceased shall be visible on the outside of the crematory container;

(11)

Human remains shall be properly stored prior to cremation or alkaline hydrolysis;

(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 processed human remains with a mortar and pestle when the processed human remains are not sufficient in amount for pulverizing in mechanical equipment;

(13)

Separate pulverizing drums shall be dedicated for processed human remains and processed pet remains;

(14)

Before pulverizing, the mechanical pulverizer shall be clamped;

(15)

A crematory may not refuse to release processed human remains pending payment of outstanding fees;

(16)

Cremators without safety devices that prevent the automatic door from dropping unintentionally shall be retrofitted with such safety devices;

(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;

(19)

A cremator shall have, visible on its front, a warning sign stating “No leaning past the door of the cremator.”;

(20)

The permit holder or registered crematory operator shall be present at the crematory during regular business hours; and

(21)

All individuals who operate the cremator or alkaline hydrolysis unit in a crematory shall be certified by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board. Individuals receiving training toward certification to operate a cremator or alkaline hydrolysis unit shall be allowed to work under the supervision of a registered crematory operator who has the required certification for a period not to exceed 6 months.

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)

Crematory services authorization form;

(2)

Burial transit permit;

(3)

Delegation of authority form;

(4)

Receipt for human remains;

(5)

Record of cremation or alkaline hydrolysis;

(6)

Certificate of cremation or alkaline hydrolysis; and

(7)

Return of processed human remains certificate.

Inspection results shall be written on forms approved by the Office.

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.

The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.

At the time of the Office’s inspection, the permit holder shall provide written documentation to the Office’s inspector that:

(1)

The crematory equipment 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 crematory equipment.

Regulation .03 Crematory Inspection Report, Deficiencies, Violations, and Penalties.Link Copy Citation

The Director of the Office shall review the inspection report and make a determination as to whether a deficiency exists.

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.

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.

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.

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.

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.

Regulation .04 Complaints.Link Copy Citation

A complaint regarding a permit holder 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.

The Office may initiate a complaint or investigation.

Regulation .05 Investigations.Link Copy Citation

The Office and the Board may share investigative information and conduct joint investigations.

Regulation .06 Grounds for Discipline and Penalties.Link Copy Citation

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 of 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.

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.

Chapter 08. Crematories — Crematory Procedures

Regulation .01 Scope.Link Copy Citation

This chapter governs the procedures to be followed by a permit holder in performing a cremation or alkaline hydrolysis in this State.

Regulation .02 Removal, Identification, and Transportation of Human Remains.Link Copy Citation

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 or alkaline hydrolysis 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 permit holder deems should be removed from the human remains or crematory container in order to prevent harm to the public health or damage to the cremator or alkaline hydrolysis unit;

(5)

Remove any jewelry on the human remains or in the crematory container;

(6)

Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging [cremation] crematory services; and

(7)

Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging crematory services for the removed jewelry and retain the receipt as a permanent record.

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.

Materials identifying the human remains placed in the custody of a permit holder shall contain the following information:

(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.

A permit holder shall not accept unidentified human remains for cremation or alkaline hydrolysis.

Regulation .03 Crematory Containers.Link Copy Citation

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.

(8)

A cremation container which appears to be heavily coated with varnish, lacquer, or any other highly combustible substance shall be:

(a)

Placed in a cold cremator within which no cremation has occurred in the prior 4 hours; or

(b)

Coated completely with water before being placed in the cremator.

An alkaline hydrolysis container:

(1)

Shall completely enclose the human remains;

(2)

Shall be resistant to leakage or spillage;

(3)

Shall provide protection to the health and safety of crematory establishment personnel and the public; and

(4)

May be removed prior to the start of the alkaline hydrolysis process as long as the human remains are covered to protect the dignity of the decedent.

Regulation .04 Holding Facilities.Link Copy Citation

A holding facility shall:

Comply with applicable public health laws;

Preserve the dignity of human remains;

Recognize the integrity, health, and safety of crematory establishment personnel; and

Be secure from access by unauthorized persons.

Regulation .05 Holding Remains.Link Copy Citation

Unless prevented by emergency circumstances, human remains that have been designated for cremation or alkaline hydrolysis shall be cremated or hydrolyzed by a permit holder within 48 hours after receipt.

A permit holder may not hold human remains for cremation or alkaline hydrolysis unless the human remains are contained within an individual, closed cremation or alkaline hydrolysis container as required under Regulation .03 of this chapter.

A permit holder may not accept a cremation or alkaline hydrolysis container from which there is any evidence of leakage of the body fluids from the human remains therein.

Whenever a permit holder is unable to cremate or hydrolyze human remains within 48 hours of taking custody thereof due to emergency circumstances, the permit holder shall maintain the human remains in a refrigerated holding facility, either on or off site, at 44° F or less, unless the remains have been embalmed.

Regulation .06 Identification of Human Remains Immediately Prior to Cremation or Alkaline Hydrolysis.Link Copy Citation

Immediately prior to being placed within the cremator or alkaline hydrolysis unit, a designee of the permit holder shall:

(1)

Verify the identification of the human remains; and

(2)

Place in the cremator or alkaline hydrolysis unit the hard metal or plastic identification disc of the human remains being processed where it shall remain in place until the cremation or alkaline hydrolysis process is complete.

The designee of the permit holder who is operating the cremator may not leave the immediate area of the cremator during the cremation process

The alkaline hydrolysis unit shall be monitored at all times during alkaline hydrolysis.

Regulation .07 Crematory Services Authorization.Link Copy Citation

Except as otherwise provided in this regulation, a permit holder may not cremate or hydrolyze human remains until:

(1)

The body has been identified as required by Health Occupations Article, §7-411, Annotated Code of Maryland;

(2)

The crematory has received:

(a)

A crematory services 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 permit holder has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to be processed.

The crematory services authorization form shall:

(1)

Be provided by the permit holder to the authorizing agent, and signed by the authorizing agent;

(2)

Contain the following information:

(a)

The identity of the decedent;

(b)

Date of death;

(c)

The name and address of the crematory where the cremation or alkaline hydrolysis 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 permit holder to cremate or hydrolyze the human remains;

(f)

Indicate whether the decedent is a veteran, as defined in State Government Article, §9-90,1 Annotated Code of Maryland, or an eligible dependent, as defined in Business Regulation Article, §5-803, Annotated Code of Maryland;

(g)

Authorization to verify that the following have been removed prior to cremation or alkaline hydrolysis:

(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;

(h)

A representation by the authorizing agent that radiological implant treatment has not occurred to the human remains within 5 days before cremation or alkaline hydrolysis;

(i)

A representation that the authorizing agent is aware of no objection to the human remains being processed by any person who has a right to control the disposition of the human remains; and

(j)

The name and address of the person authorized to claim the processed remains from the permit holder or accept the processed remains via registered mail; and

(3)

Be signed by the authorizing agent.

If an authorizing agent is not available to execute the crematory services 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.

Upon receipt of the written delegation document or a copy of the delegation statement 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.

A person signing a crematory services authorization form is deemed to warrant the truthfulness of any facts set forth in the authorization form, including the identity of the deceased whose remains are sought to be processed and the authority of that person to order such a cremation or alkaline hydrolysis.

A permit holder shall notify and obtain the written consent of the authorizing agent before the cremation or alkaline hydrolysis of human remains at a location other than the location named on the cremation or alkaline hydrolysis authorization form.

A permit holder shall maintain a copy of every crematory services authorization form required under this regulation as permanent records.

Crematory services authorization records are subject to inspection and copying by the Office.

Regulation .08 Record of Receipt of Remains.Link Copy Citation

A permit holder shall provide to an individual who delivers human remains for cremation or alkaline hydrolysis a receipt signed by both the permit holder 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.

The permit holder shall maintain a record of each cremation or alkaline hydrolysis 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 or alkaline hydrolysis; and

(7)

Name of the individual who performed the cremation or alkaline hydrolysis.

The permit holder shall provide a certificate of disposition of processed human remains to the authorizing agent or funeral establishment that arranged for the cremation or alkaline hydrolysis that contains the:

(1)

Name of the deceased;

(2)

Name of the authorizing agent;

(3)

Date, time, and location where cremation or alkaline hydrolysis occurred;

(4)

Name of the individual who performed the cremation or alkaline hydrolysis;

(5)

Name and address of the person who received the processed human remains from the permit holder; 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 processed human remains.

The permit holder shall maintain a copy of every record and receipt required by this regulation as permanent records.

All records required to be maintained by a permit holder by this chapter are subject to inspection and copying by the Office.

Regulation .09 Use of a Casket; Embalming.Link Copy Citation

Except as provided in §B of this regulation, a permit holder 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 permit holder to remove the metal mattress holder in the casket.

Human remains delivered to a permit holder 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.

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 permit holder is not required to accept this manner of disposition.

A permit holder may not require that human remains be subjected to embalming before cremation.

Regulation .10 Disposition of Processed Human Remains.Link Copy Citation

Upon completion of the cremation or alkaline hydrolysis, insofar as is possible:

(1)

All of the recoverable residue of the cremation or alkaline hydrolysis process shall be:

(a)

Removed from the cremator or alkaline hydrolysis unit; and

(b)

Except for medical devices remaining after cremation or alkaline hydrolysis, pulverized; and

(c)

Placed in a sealable container; and

(2)

The identification disc required by Health Occupations Article, §7-411, Annotated Code of Maryland, shall be:

(a)

Removed from the cremator or alkaline hydrolysis unit; and

(b)

Placed in the sealable container with the processed human remains.

Medical devices which remain after the completion of the cremation or alkaline hydrolysis process shall be treated as medical waste and disposed of accordingly.

After pulverization, all of the processed human remains, together with the identification disc, shall be placed in a sealable container.

If the sealable container opening is not of adequate dimensions to accommodate an identification disc, it shall be affixed to the exterior of the sealable container and a record of the cremation number shall be placed in the sealable container.

If all of the processed human remains and the identification tag 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.

If the processed human remains and identification tag 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.

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.

If processed human remains have been in the possession of a permit holder, as originally authorized by the authorizing agent, without instructions for disposition, for a period of 10 days or more from the date of cremation or alkaline hydrolysis, the permit holder may send the processed human remains, using the current mailing standard approved by the U.S. Postal Service, to the authorizing agent.

Veteran and Eligible Dependent Decedents.

(1)

Unless the authorizing agent directs otherwise, if a permit holder in possession of processed remains of a decedent veteran or a decedent eligible dependent shall provide the decedent’s identifying information to a veterans service organization, as defined in Business Regulation Article, §5-803, Annotated Code of Maryland.

(2)

The veterans service organization will notify the permit holder whether the decedent is a veteran or eligible dependent eligible for burial in a veterans cemetery.

(3)

If the unclaimed processed remains are those of a veteran or an eligible dependent, the permit holder may transfer the processed remains to a veterans service organization for the purpose of disposition of the processed remains.

(4)

If a veterans service organization does not take possession of unclaimed processed remains that qualify for a plot in a State veterans cemetery under State Government Article, §9-906, Annotated Code of Maryland, within 10 days after the permit holder receives the notification required this regulation, permit holder shall:

(a)

Notify the Department of Veterans and Military Families of the status of the processed remains for the purpose of the appropriate disposition of the processed remains; and

(b)

Transfer the processed remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the processed remains.

Regulation .11 Tools.Link Copy Citation

A crematory offering cremation shall maintain, at its own expense, the following tool inventory:

(1)

Safety placement tool measuring a minimum of 49 inches in length;

(2)

Wire brushes for cleaning cremators;

(3)

Brush with fine bristles for cleaning pulverizers;

(4)

Mortar and pestle;

(5)

Funnel;

(6)

High temperature protective gloves and heat resistant leather gloves;

(7)

Hand magnet and metal detector wand to detect and remove metal from cremated human remains;

(8)

Tweezers to remove nonmetal objects from cremated human remains; and

(9)

National Institute for Occupational Safety & Health certified N95 filtering facepiece respirators.

A crematory offering alkaline hydrolysis shall maintain, at its own expense, the following tool inventory:

(1)

Suitable tools for cleaning the alkaline hydrolysis unit;

(2)

Brush with fine bristles for cleaning pulverizers;

(3)

Mortar and pestle;

(4)

Funnel;

(5)

Hand magnet and metal detector wand to detect and remove metal from hydrolyzed human remains;

(6)

Tweezers to remove nonmetal objects from hydrolyzed human remains;

(7)

National Institute for Occupational Safety & Health certified respirators; and

(8)

An emergency shower and eyewash combination unit meeting the criteria established under the American National Standards Institute and the International Safety Equipment Association Z358.1-2014 (R2020) or its successor.

Regulation .12 Visitors.Link Copy Citation

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.

Crematories that begin operation after July 1, 2014, shall construct a viewing room the area of the cremator or alkaline hydrolysis unit if the permit holder intends to permit more than two visitors present in the area of the cremator or alkaline hydrolysis unit during a cremation.

Chapter 09. Crematories — Code of Ethics

Regulation .01 Scope.Link Copy Citation

This chapter governs any person who holds a permit, pursuant to 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.

Regulation .02 General Professional Practices.Link Copy Citation

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 the 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)

(8)

Comply with all local, State, and federal laws for regarding the disposition of human remains;

(9)

Be sensitive and responsive to the bereavement needs of a decedent’s family;

(10)

Provide a general price list in effect at that time, in accordance with the requirements of the Federal Trade Commission’s funeral rule found at 16 CFR part 453; and

(11)

Provide accurate information from the general price list to any person who requests information, by telephone, regarding cremation related goods or services.

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.

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 or alkaline hydrolysis while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician.

Chapter 10. Natural Organic Reduction — Definitions

Regulation .01 Scope.Link Copy Citation

This chapter governs the definitions of terms used in COMAR 09.34.11, COMAR 09.34.12, COMAR 09.34.13, and COMAR 09.34.14.

Regulation .02 Definitions.Link Copy Citation

In COMAR 09.34.11, COMAR 09.34.12, COMAR 09.34.13, and COMAR 09.34.14, the following terms have the meanings indicated.

Terms Defined.

(1)

(2)

“Aerobic” means the biochemical decomposition of organic matter primarily into stabilized solids and carbon dioxide by microorganisms in the presence of air.

(3)

“Authorizing Agent” means an individual who has legal authority to arrange for and make decisions regarding the final disposition of human remains.

(4)

“Board” means the Board of Morticians and Funeral Directors.

(5)

“Bulking agent” means a material added to remains to increase porosity and facilitate aeration during natural organic reduction and can only be organic materials and cannot include synthetic microbes, insects, or chemicals.

(6)

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 reduction services or reduction related goods, or to act on behalf of the consumer.

(c)

“Consumer” includes a funeral establishment contracting with a reduction facility authorizing agent of a decedent contracting with a reduction facility.

(7)

Curing.

(a)

“Curing” means the phase of the reduction process after:

(i)

Most of the human remains have completed natural organic reduction and stabilized; and

(ii)

Any pathogen reduction process needed for the soil remains to meet the standards set in COMAR 09.34.13.11.

(b)

“Curing” includes periods in which the soil remains are managed to increase maturity prior to the completion of natural organic reduction.

(8)

“Decedent” means a dead human being.

(9)

“Director” means the Director of the Office of Cemetery Oversight.

(10)

“Engage in the Operation of a reduction facility” means:

(a)

Controlling or managing a reduction facility.

(b)

“Engage in the operation of a reduction facility” does not include:

(i)

The practice of funeral direction or the practice of mortuary science; or

(ii)

Assistance in making decisions and filling out forms that are not directly related to natural organic reduction;

(iii)

Obtaining vital statistics, signatures, and other information necessary to complete a death certificate;

(iv)

Transportation of a body to the place of disposition; or

(v)

Any other services regarding the disposition of a body that are not directly related to natural organic reduction.

(11)

“Holding facility” means an area, within or adjacent to a reduction facility, designed for the retention of human remains before natural organic reduction begins.

(12)

“Funeral establishment” means a building, structure, or premises licensed by the Board, with facilities for:

(a)

Embalming or holding of human remains for disposition;

(b)

Viewing of the human remains; and

(c)

Funeral services.

(13)

Human Remains.

(a)

“Human remains” means:

(i)

The body of a deceased person; or

(ii)

A part of a body or limb that has been removed from a living person.

(b)

“Human remains” includes the body or part of a body or limb in any state of decomposition.

(c)

“Human remains” does not include soil remains produced after the completion of natural organic reduction.

(14)

“Label” means the display of all written, printed, or graphic matter on the soil remains container or a statement accompanying a soil remains container.

(15)

“Mature” means the characteristics of a soil after completing natural organic reduction so that is harmless to plant growth if used as a topsoil or soil supplement and it sufficiently stable that it will not generate nuisance odors and can be returned to the authorizing agent or the authorizing agent’s designee as soil remains.

(16)

“Natural Organic Reduction” means the contained, accelerated, aerobic degradation of human remains into soil.

(17)

“Office” means the Office of Cemetery Oversight.

(18)

“Organic” means any natural biological substance of plant origin that is capable of microbial degradation.

(19)

“Organic materials” means biodegradable materials such as wood chips, straw, and alfalfa added to the vessel to facilitate the natural organic reduction process and create nutrient-rich soil.

(20)

“Pathogenic organisms” means disease-causing organisms including, but not limited to bacteria, viruses, protozoa and viable helminth ova.

(21)

“Permit” means a permit issued by the Office to allow a sole proprietor, partnership, limited liability company, or corporation to operate a business which engages in the operation of a reduction facility or an individual to act as a registered reduction operator.

(22)

“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 reduction facility or to act as a registered reduction operator.

(23)

“Pulverization” means the process of breaking down of skeletal remains into fine particles or powder by crushing, grinding, or milling after natural organic reduction leaving bone fragments reduced to 5 millimeters or less.

(24)

“Reduction container” means a leak-proof container, including a body bag or casket, in which human remains are transported to the reduction facility for natural organic reduction, but the human remains are removed from prior to the start of the natural organic reduction process.

(25)

“Reduction facility” means a building, portion of a building, or enclosed structure that houses the necessary appliances, containers, and facilities for performing natural organic reduction.

(26)

“Registered Reduction Operator” means an individual registered with the Office to operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit holder.

(27)

“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 reduction facility, to be the registered reduction operator responsible for the operations of the reduction facility.

(28)

“Soil Remains” means the soil produced at final disposition of a dead human body at a reduction facility by completion of natural organic reduction.

(29)

“Soil remains container” means a closable container, including an urn, box, or sack, in which soil remains are returned to the authorizing agent or the authorizing agent’s designee following the completion of natural organic reduction.

(30)

“Vector” means a carrier organism that is capable of transmitting a pathogen to another organism and includes, but is not limited to, flies and other insects, rodents, birds and vermin.

(31)

“Vessel” means the chamber, container, or pod into which the remains are placed for natural organic reduction. The vessel shall:

(a)

Promote aerobic reduction during natural organic reduction; and

(b)

Be leak-proof, durable, noncorrosive, and fully sealed.

Chapter 11. Natural Organic Reduction—Permits, Registration Process, and Fees

Regulation .01 Scope.Link Copy Citation

This chapter governs the permit process for persons, regulated under Business Regulation Article, Title 5, Annotated Code of Maryland, who operate a reduction facility in the State and the fees for reduction facilities and registered reduction operator permits.

Regulation .02 Permit Issuing Agency.Link Copy Citation

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 reduction facility than a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Office.

A person whose ownership interest in a reduction facility is equal to the ownership interest in the reduction facility of a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Office.

A person who owns a reduction facility and is neither a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, nor a registrant or permit holder under Business Regulation Article, Title 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Office.

A person who is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland, and owns a greater interest in a reduction facility than a person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Board.

An individual, who is designated as the registered reduction operator by a person required to obtain a permit to operate a reduction facility from the Office, shall obtain a registered reduction operator permit from the Office.

All operating reduction facilities and individuals designated as the registered reduction operator required to obtain a permit from the Office shall apply to the Office for a permit.

Regulation .03 Permit Requirements for a Reduction Facility Owned by a Corporation, Limited Liability Company, or Partnership.Link Copy Citation

A corporation, limited liability company, or partnership shall receive a permit to operate a reduction facility in this State if the corporation, limited liability company, or partnership meets the permit requirements of this regulation.

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 reduction facility;

(4)

Designates a registered reduction operator as the responsible party for each affiliated reduction facility provided that the registered reduction operator may not be designated as the responsible party for more than a total of two reduction facilities;

(5)

Provides a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit;

(6)

(7)

Provides evidence of a bond, letter of credit, or trust account established to meet the requirements of Regulation .07 of this chapter; and

(8)

Provides an affidavit stating that:

(a)

No local, federal, or State taxes or fees are delinquent; and

(b)

The corporation, limited liability company or partnership is financially stable.

Regulation .04 Permit Requirements for a Reduction Facility Owned by a Sole Proprietor.Link Copy Citation

A sole proprietor applicant for a reduction facility permit shall receive a permit to operate a reduction facility in this State if the sole proprietor applicant meets the permit requirements of this regulation.

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 reduction facility;

(4)

(5)

Provides evidence of a bond, letter of credit, or trust account established to meet the requirements of Regulation .07 of this chapter;

(6)

Provides an affidavit stating that:

(a)

No local, federal, or State taxes or fees are delinquent; and

(b)

The reduction facility business is financially stable.

Regulation .05 Permit Requirements for Registration for a Registered Reduction Operator.Link Copy Citation

An individual shall register with and receive a permit from the Office as a registered reduction operator if the individual meets the registration requirements of this regulation.

An individual shall be registered with the Office as a registered reduction 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)

(5)

Has achieved certification as a reduction operator by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board;

(6)

Has successfully completed the operator training course of the manufacturer of each vessel located in the reduction facility with which the applicant is affiliated;

(7)

States the name and mailing address of the reduction facility with which the applicant is affiliated;

(8)

States whether the reduction facility 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 reduction facility.

Additional Requirements.

(1)

An individual applying for a permit as a registered reduction 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 reduction facility;

(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 reduction facility; or

(e)

(2)

An applicant shall submit copies of all:

(a)

(b)

(c)

Civil judgments or settlements against the applicant within the past 5 years which directly relate to the ownership or operation of a reduction facility.

(3)

A registered reduction operator may not be designated as the responsible party for more than two reduction facilities.

An individual may be issued permits for affiliations with more than two reduction facilities if each affiliated reduction facility is owned by the same individual or entity.

An individual who will become the registered reduction operator for a reduction facility which was in operation prior to the effective date of this chapter or for a reduction facility which has filed an application for a permit pursuant to this chapter shall obtain the certification and training required by §B(5) and (6) of this regulation within 90 days from the effective date of this chapter or be subject to action by the Office.

Regulation .06 Permit Requirements for a New Reduction Facility.Link Copy Citation

A sole proprietor, corporation, limited liability company, or partnership shall receive a permit to operate a new reduction facility in this State if the sole proprietor, corporation, limited liability company, or partnership meets the permit requirements of this regulation.

A sole proprietor, 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 reduction facility, 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 reduction facility;

(4)

(5)

A corporation, limited liability company, or partnership shall provide a list of the officers, members, partners, agents, and employees of the entity applying for the permit;

(6)

Provides evidence of a surety bond established to meet the requirements of Regulation .07 of this chapter; and

(7)

Provides an affidavit stating that the sole proprietor, corporation, limited liability company, or partnership:

(a)

Is financially stable; and

(b)

Has the ability to continue to operate the reduction facility business for a 2-year period after issuance of a permit.

Regulation .07 Surety Bond Requirements.Link Copy Citation

With each application for a new permit and renewal for an existing permit, a permit holder or an applicant shall provide proof of a surety bond with the Office.

Surety Bond.

(1)

The bond shall run to the Office, as obligee, for the benefit of:

(a)

The State; and

(b)

Any consumer who has been damaged by a violation committed by a permit holder of any law or regulation governing the activities of reduction facilities.

(2)

The bond shall be:

(a)

In an amount determined by the Office under §C of this regulation; and

(b)

Issued by a surety company that:

(i)

Is authorized to do business in the State;

(ii)

Holds a certificate of authority issued by the Maryland Insurance Commissioner; and

(iii)

Conditioned that the licensee shall comply with all Maryland laws regulating the activities of natural organic reduction.

(3)

The liability of the surety:

(a)

Shall be continuous;

(b)

May not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;

(c)

May not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;

(d)

Shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;

(e)

May not be affected by:

(i)

The insolvency or bankruptcy of the permit holder;

(ii)

Any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the permit holder or an agent of the permit holder; or

(iii)

The suspension of the permit;

(f)

May not require an administrative enforcement action by the Office as a prerequisite to liability; and

(g)

Shall continue for 3 years after the later of the date on which:

(i)

The bond is canceled; or

(ii)

The permit holder, for any reason, ceases to be permitted.

(4)

A bond may be canceled by the surety or the licensee by giving notice of cancellation to the Office. Notice of cancellation shall:

(a)

Be in writing; and

(b)

Be sent by certified mail, return receipt requested.

(c)

A cancellation of a bond is not effective until 90 days after receipt of a notice of cancellation by the Office.

(5)

A claim against the bond may be filed with the surety by:

(a)

A claimant; or

(b)

The Office for the benefit of a claimant or the State.

(6)

If the amount of claims against a bond exceeds the amount of the bond, the surety:

(a)

Shall pay the amount of the bond to the Office for pro rata distribution to claimants; and

(b)

Is relieved of liability under the bond.

(7)

If the penal amount of a bond is reduced by payment of a claim or judgment, the permit holder shall file a new or additional bond with the Office.

(8)

A penalty imposed against a permit holder under Business Regulation Article, §5-905, Annotated Code of Maryland may be collected and paid from the proceeds of a bond required under this section.

Annuity and Surety Bond.

(1)

The amount of the surety bond under §B of this regulation shall be in an amount of not less than $10,000 and not more than $20,000, as determined by the Office for each vessel used for natural organic reduction by the permit holder.

(2)

In setting the amount of the surety bond, the Office may consider:

(a)

The nature and volume of the business or proposed business of the permit holder or applicant;

(b)

The financial condition of the permit holder or applicant, including:

(i)

The amount, nature, quality, and liquidity of the assets of the permit holder or applicant;

(ii)

The amount and nature of the liabilities, including contingent liabilities, of the permit holder or applicant;

(iii)

The history of and prospects for the permit holder or applicant to earn and retain income;

(iv)

The potential harm to consumers if the applicant or permit holder becomes financially impaired; and

(v)

Any other factor that the Office considers relevant.

Subject to approval by the Office, an applicant for a permit who files an application for a new permit or renewal of a permit may satisfy the bonding requirement under this section by establishing a trust account with or obtaining an irrevocable letter of credit from a financial institution insured by the Federal Deposit Insurance Corporation in an amount equal to the bond required under this section.

If a permit holder is subject to a receivership proceeding, the Office or a court-appointed receiver without regard to any priorities, preferences, or adverse claims, may:

(1)

Reduce the bond or the deposit in lieu of a bond to cash; and

(2)

Use the cash to defray the costs associated with the receivership.

Regulation .08 Change of Information.Link Copy Citation

The responsible party shall notify the Office of any change in the information provided in the application for permit for a reduction facility or for a permit as a registered reduction operator, either before or after the issuance of a permit, within 1 week of the date of the change.

Regulation .09 Renewal.Link Copy Citation

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.

A person who has a permit to engage in the operation of a reduction facility or a permit as a registered reduction 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 .12 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.

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 reduction facility or to act as a registered reduction operator.

If a permit holder completes the renewal application process set forth in §B of this regulation 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.

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 .12 of this chapter.

Regulation .10 Lapsed Permit.Link Copy Citation

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:

Complete a permit application form;

Pay the permit fee and the late renewal fee under Regulation .12 of this chapter;

Meet the permit requirements under Regulation .03, .04, or .05 of this chapter;

Submit the documentation required by Regulation .03, .04, or .05 of this chapter;

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

Submit to the Office an affidavit stating that the person did not engage in the operation of a reduction facility or act as a registered reduction operator in this State while the permit was lapsed.

Regulation .11 Hearings—Permit Denial.Link Copy Citation

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)

(3)

(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.

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.

Regulation .12 Fees.Link Copy Citation

Permit fees:

(1)

Initial and renewal reduction facility permit – $350;

(2)

Initial and renewal registered reduction operator permit – $300; and

(3)

Late renewal fee – $200.

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; and

(6)

Business address change – $50.

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.

Regulation .13 Display of Permit.Link Copy Citation

A permit holder shall display the permit conspicuously, in a public area at each business address of the permit holder.

Regulation .14 Reduction Prior to Obtaining a Permit.Link Copy Citation

Reduction facilities may perform the natural organic reduction of one decedent prior to obtaining a permit from the Office provided:

The natural organic reduction is only performed as part of the manufacturer’s operator training course for the vessel in which the natural organic reduction takes place; and

The authorizing agent of the decedent is notified and has given permission prior to the natural organic reduction.

Chapter 12. Natural Organic Reduction—Inspections, Complaints, and Discipline

Regulation .01 Scope.Link Copy Citation

This chapter governs reduction facility inspections, the complaint process, investigations, grounds for discipline, and penalties.

Regulation .02 Inspection by the Office.Link Copy Citation

A reduction facility shall be available for inspection by a representative of the Office at any time during operating hours.

Each reduction facility shall be inspected:

(1)

On at least a biennial basis;

(2)

In furtherance of an investigation; or

(3)

Upon the initial permitting, sale, or change of ownership of the reduction facility.

A reduction facility shall maintain the following minimum standards:

(1)

The premises shall be maintained in a safe and sanitary manner to comply with Centers for Disease Control's guidelines on universal precautions and the Maryland Occupational Safety and Health Act;

(2)

Except by express, written consent of the authorizing agents to perform simultaneous, multiple reductions, there shall be no more than one decedent in a single vessel at a time;

(3)

A vessel shall be cleaned after each natural organic reduction to prevent unauthorized co-mingling;

(4)

There may not be co-mingling of human remains and pet remains in the holding facility;

(5)

Separate vessels shall be dedicated for the reduction of human remains and the reduction of pet remains;

(6)

There may not be:

(a)

Co-mingling of one decedent’s soil remains with another decedent’s soil remains or reduced pet remains without written consent by the authorizing agent;

(b)

Any form of misrepresentation in the return of soil remains;

(7)

Human remains shall be properly identified before natural organic reduction 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 decedent;

(9)

Each reduction facility shall have:

(a)

A sink with hot and cold water in the room in which the vessel is housed; and

(b)

The equipment necessary to thoroughly clean the floor within the room housing the vessel with water and an appropriate sanitizing agent;

(10)

The name of the decedent shall be visible on the outside of the vessel;

(11)

Human remains shall be properly stored prior to natural organic reduction;

(12)

Reduction facilities shall:

(a)

Use only mechanical pulverizing equipment meeting industry standards that are cleaned between each use; and

(b)

Pulverize the soil remains with a mortar and pestle when the soil remains are not sufficient in amount for pulverizing in mechanical equipment;

(13)

Separate pulverizing drums shall be dedicated for soil remains and reduced pet remains;

(14)

A reduction facility may not refuse to release soil remains pending payment of outstanding fees;

(15)

Portable fans may not be used in the area of the vessel, where curing occurs, or pulverizing equipment;

(16)

A registered reduction operator shall be present at the reduction facility during regular business hours;

(17)

Reduction facilities shall be capable of monitoring the status of each vessel’s progress during natural organic reduction; and

(18)

All individuals who operate the vessels in a reduction facility shall be certified by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board. Individuals receiving training toward certification to operate a vessel shall be allowed to work under the supervision of a registered reduction operator with written permission from the Office.

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)

Natural organic reduction authorization form;

(2)

Burial transit permit;

(3)

Delegation of authority form;

(4)

Receipt for human remains;

(5)

Record of each natural organic reduction, including evidence of all human remains reaching a minimum temperature of 131 degrees Fahrenheit for 72 consecutive hours during the natural organic reduction;

(6)

Certificate of natural organic reduction;

(7)

Return of soil remains certificate; and

(8)

Reduction Facility Operations Plan (RFOP).

(a)

A reduction facility shall have and follow an RFOP that contains a high-level overview of the operational procedures for the reduction facility in order to comply with the requirements of these regulations, to include:

(i)

A description of the methods, equipment, and bulking agents to be used;

(ii)

A description of the movement of materials throughout the reduction process, including a description of the locations to be used at the reduction facility for receipt, active reduction, curing, and storage phases.

(iii)

Total amount of vessels;

(iv)

A plan for the prevention of nuisances, including odors;

(v)

A plan for the prevention of harborage and infestation of vectors;

(vi)

A plan and procedure for monitoring temperature of each vessel, including a procedure for demonstrating that the pathogen reduction requirements of Regulation .11 of this chapter are met;

(vii)

A plan and procedure for monitoring moisture during reduction;

(viii)

A plan for periodic inspection of the site by the reduction operator or personnel;

(ix)

A description of an ongoing testing program to ensure the safety of soil remains produced, compliant with Regulation .11 of this chapter;

(x)

A procedure for recording instances where soil remains failed the testing program and actions taken by the registered reduction operator to bring the soil remains into compliance with Regulation .11 of this chapter; and

(xi)

Establish any other reasonable prohibition, rule, or requirement the Director determines is necessary to protect the public health and safety during the process of natural organic reduction.

(b)

The registered reduction operator shall review the RFOP internally every 6 months and update the RFOP when there is a change in registered reduction operators, procedures, or bulking agents.

Inspection results shall be written on forms approved by the Office.

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.

The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.

At the time of the Office's inspection, the permit holder shall provide written documentation to the Office’s inspector that:

(1)

The vessel 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 vessel.

Regulation .03 Reports, Deficiencies, Violations, and Penalties.Link Copy Citation

The Director shall review the inspection report and make a determination as to whether a deficiency exists.

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.

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 reduction facility has successfully passed an inspection.

If the Director finds a deficiency, the Director 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 permit holder within 30 days of completion of the inspection.

Correction of Deficiency.

(1)

Except as provided in this section, a 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 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 permit holder shall notify the Office.

(6)

Upon notification by the permit holder, a representative of the Office shall re-inspect the reduction facility.

(7)

The Office shall notify the permit holder, in writing, of the results of the re-inspection report by providing a copy of a new inspection report to the permit holder.

(8)

If re-inspection reveals additional deficiencies not cited in the first report, the 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 permit holder and approved by the Office.

Penalties. In the event that a permit holder fails to allow an inspection of the reduction facility 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 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 permit holder; and

(4)

Provide the permit holder a subsequent opportunity for a hearing pursuant to Business Regulation Article, §5-312, Annotated Code of Maryland.

Regulation .04 Complaints.Link Copy Citation

A complaint regarding a reduction facility or a registered reduction 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.

The Office may initiate a complaint or investigation.

Regulation .05 Investigations.Link Copy Citation

The Office and the Board may share investigative information and conduct joint investigations.

Regulation .06 Grounds for Discipline.Link Copy Citation

Subject to the hearing provisions of Business Regulations Article, §5-312, Annotated Code of Maryland, the Office may deny a reduction facility permit or registered reduction operator permit to an applicant, reprimand any person required to obtain a reduction facility permit or registered reduction operator permit, or suspend or revoke a reduction facility permit or registered reduction operator permit of 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.

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.

Chapter 13. Natural Organic Reduction—Inspections, Complaints, and Discipline

Regulation .01 Scope.Link Copy Citation

This chapter governs the procedures to be followed by a permit holder in performing natural organic reduction in this State.

Regulation .02 Removal, Identification, and Transportation of Human Remains.Link Copy Citation

Upon receipt of human remains, a registered reduction operator, in the presence of the authorizing agent or representative of the funeral establishment engaging reduction facility 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)

Verify with a hand magnet or metal detector wand that any battery operated, implanted devices including pacemakers, defibrillators, or pain relief devices are removed before the process may begin;

(3)

Refuse to accept human remains for natural organic reduction if human remains are confirmed to have or suspected of having one or more of the following conditions:

(a)

A radioactive seed implant within thirty days of death;

(b)

A nuclear pacemaker;

(c)

Perishing as a result of a radiologic incident or accident, unless a written release is provided by the Maryland Department of Environment Radiological Health Program or other local, state, or federal agency in charge of the response to the radiological incident or accident; or

(d)

A presence of Creutzfeldt-Jakob disease or other prion disease, Ebola virus infection, mycobacterium tuberculosis infection, or any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of federal, state, or local health authority;

(4)

Remove and properly dispose of any hazardous object or any other materials that the registered reduction operator deems should be removed from the human remains or vessel in order to prevent harm to the public health or damage to the vessel;

(5)

Remove any jewelry on the human remains or in the vessel;

(6)

Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging natural organic reduction services; and

(7)

Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging natural organic reduction services for the removed jewelry and retain the receipt as a permanent record.

Foreign objects removed from 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.

Materials identifying the human remains placed in the custody of a permit holder shall contain the following information:

(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 to the decedent of authorizing agent.

A permit holder shall not accept unidentified human remains for reduction.

Regulation .03 Vessels.Link Copy Citation

Vessel requirements. The vessel shall:

Be leak-proof, durable, noncorrosive, and fully sealed;

Enable accurate testing of temperature designed to measure from the interior of the vessel and the accurate collection of any other data required by the natural organic reduction process used by the reduction facility;

Prevent vectors from entering the vessel; and

Control odor.

Regulation .04 Holding Facilities.Link Copy Citation

Holding facility requirements. A holding facility shall:

Comply with applicable public health laws;

Preserve the dignity of human remains;

Recognize the integrity, health, and safety of reduction facility establishment personnel; and

Be secure from access by unauthorized persons.

Regulation .05 Holding Remains.Link Copy Citation

Unless prevented by emergency circumstances, human remains that have been designated for natural organic reduction shall be placed in a vessel and begin natural organic reduction services within 48 hours of receipt.

A registered reduction operator may not hold human remains for natural organic reduction unless the human remains are contained within a reduction container.

A registered reduction operator may not accept a reduction container from which there is any evidence of leakage of bodily fluids from the human remains therein.

Whenever a registered reduction operator is unable to perform natural organic reduction services on a decedent within 48 hours of taking custody thereof due to emergency circumstances, the registered reduction operator shall maintain the human remains in a refrigerated holding facility, either on or off site, at 44° F or less.

If any remains exhibit an objectionable odor either at delivery or at any time thereafter, reduction of such remains shall commence as soon as possible after they have been accepted by the registered reduction operator or as soon as possible after the objectionable odor is first detected.

Regulation .06 Identification of Human Remains Immediately Prior to Natural Organic Reduction.Link Copy Citation

Immediately prior to being placed within the vessel, a registered reduction operator shall:

Verify the identification of the human remains; and

Place in the vessel the hard metal or plastic identification disc of the human remains receiving natural organic reduction services where it shall remain in place until the natural organic reduction process is complete.

Regulation .07 Natural Organic Reduction Authorization.Link Copy Citation

Except as otherwise provided in this regulation, a registered reduction operator may not perform natural organic reduction on human remains until:

(1)

The human remains have been identified as required by Health Occupations Article, §7-411, Annotated Code of Maryland;

(2)

The reduction facility has received:

(a)

A natural organic reduction authorization form on a form approved by the Office and signed by an authorizing agent;

(b)

If applicable, a written delegation document, paper or electronic;

(c)

Any other documentation required by federal, State, or local law; and

(3)

The registered reduction operator has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to receive natural organic reduction services.

The natural organic reduction authorization form shall:

(1)

Be provided by the permit holder to the authorizing agent, and signed by the authorizing agent;

(2)

Contain the following information:

(a)

The identity of the decedent;

(b)

Date of death;

(c)

The name and address of the reduction facility where the natural organic reduction will occur;

(d)

The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;

(e)

Disclose that the authorizing agent may not use or dispose of soil remains:

(i)

On public or private property without the prior written permission of the owner or surviving owner of the property;

(ii)

By using the soil remains to grow food for consumption by humans or livestock;

(iii)

By selling or reselling the soil remains to a third party; or

(iv)

By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers;

(f)

Indicate whether the decedent is a veteran, as defined in § 9-901 of the State Government Article, or an eligible dependent, as defined in §5-803 of the Business Regulation Article;

(g)

Authorization for the registered reduction operator to perform natural organic reduction services;

(h)

Authorization to verify that the following have been removed prior to perform natural organic reduction:

(i)

Implanted pacemaker or defibrillator; or

(ii)

Any other materials that the registered reduction operator deems should be removed to prevent harm to the public health or damage to equipment;

(i)

A representation by the authorizing agent that none of the following apply:

(i)

A radioactive seed implant within thirty days of death until such time that thirty days have elapsed or the organ containing the seed(s) has been removed;

(ii)

Containing a nuclear pacemaker until such time that the nuclear pacemaker is removed;

(iii)

Perishing as a result of a radiologic incident or accident, unless a written release is provided by the department of health office of radiation protection or other state or federal agency in charge of the response to the radiological incident or accident; or

(iv)

There is a presence of Creutzfeldt-Jakob disease or other prion disease, Ebola virus infection, mycobacterium tuberculosis infection, or any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of federal, state, or local health authority;

(j)

A representation that the authorizing agent is aware of no objection to the decedent receiving natural organic reduction services by any person who has a right to control the disposition of the decedent;

(k)

The name and address of the person authorized to claim the soil remains from the reduction facility or accept the soil remains via certified mail;

(l)

Informs the authorizing agent of the procedures that will be followed if disposition instructions are not received within sixty days of the permit holder first attempts to contact the authorizing agent to notify the authorizing agent the natural organic reduction service is complete;

(m)

Informs the authorizing agent that recovery of the soil remains after the disposition may not be possible; and

(3)

Be signed by the authorizing agent.

If an authorizing agent is not available to execute the natural organic reduction 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 permit holder:

(a)

A signed, notarized statement, electronically or by facsimile device, that contains the name, address, and relationship of the sender to the decedent 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 attesting to the delegation of authority.

Upon receipt of the written delegation document or a copy of the delegation statement transmitted electronically or by facsimile device, the permit holder 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.

A person signing a natural organic reduction authorization form is deemed to warrant the truthfulness of any facts set forth in the natural organic reduction authorization form, including the identity of the decedent whose remains are receiving natural organic reduction and the authority of that person to order natural organic reduction.

A permit holder shall notify and obtain the written consent of the authorizing agent before the natural organic reduction of human remains at a location other than the location named on the reduction authorization form.

A permit shall maintain a copy of every natural organic reduction authorization form required under this regulation as permanent records.

Natural organic reduction authorization records are subject to inspection and copying by the Office.

Regulation .08 Record of Receipt of Remains.Link Copy Citation

A registered reduction operator shall provide to an individual who delivers human remains for natural organic reduction a receipt signed by both the registered reduction operator 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 reduction facility;

(3)

Name and address of the decedent;

(4)

Gender of the decedent;

(5)

Date of death of decedent; and

(6)

Verification of authorized burial transit permit.

The permit holder shall maintain a record of each natural organic reduction which shall include the:

(1)

Name of the decedent;

(2)

Date of birth of the decedent;

(3)

Date of death of the decedent;

(4)

Gender of the decedent;

(5)

Name and address of the authorizing agent;

(6)

Relationship of the authorizing agent to the decedent;

(7)

Date, time, and location of the reduction facility; and

(8)

Name of the registered reduction operator who performed the natural organic reduction.

The permit holder shall provide a certificate of disposition of soil remains to the authorizing agent or funeral establishment that arranged for the natural organic reduction that contains the:

(1)

Name of the decedent;

(2)

Name of the authorizing agent;

(3)

Relationship of the authorizing agent to the decedent;

(4)

Date, time, and location where the natural organic reduction occurred;

(5)

Name of the registered reduction operator who performed the natural organic reduction;

(6)

Name and address of the person who received the soil remains from the permit holder; and

(7)

If ascertainable, the location, including the name of the cemetery and plot location if the soil remains are interred, the manner, and the date of the disposition of the soil remains.

The permit holder shall maintain a copy of every record and receipt required by this regulation as permanent records.

All records required to be maintained by a permit holder by this chapter are subject to inspection and copying by the Office.

Regulation .09 Reduction Procedures and Prohibited Acts.Link Copy Citation

Basic Operating Requirements.

(1)

The permit holder shall keep a permanent record of:

(a)

The starting and ending date of each natural organic reduction; and

(b)

The daily temperature data for each natural organic reduction, including records showing that the minimum temperature of 131 degrees Fahrenheit was reached for seventy-two consecutive hours.

(2)

The Registered reduction operator shall ensure:

(a)

Only a vessel that is designed to promote aerobic reduction, minimizes odors and vectors, and is leak-proof, durable, noncorrosive, and fully sealed is used for natural organic reduction;

(b)

A registered reduction operator is on site during business hours;

(c)

A registered reduction operator is able to monitor active vessels at all times;

(d)

Compliance with all other applicable local, State, and federal laws and regulations; and

(e)

Vessels reach an internal minimum temperature of 131 degrees Fahrenheit for seventy-two consecutive hours during natural organic reduction.

(3)

The reduction facility shall be maintained in a clean and sanitary condition.

(4)

The reduction facility, including the bulking agent receipt area, bulking agent storage area, active vessel storage area, curing area, and soil remains storage areas, shall be maintained to prevent nuisances, odors and vectors.

(5)

Bulking agents shall be received in a timeframe and managed to prevent nuisance odors, unauthorized discharge of contact water, fire, and scavenging by vectors.

(6)

Veteran and Eligible Dependent Decedents.

(a)

Unless the authorizing agent directs otherwise, a permit holder in possession of human remains of a decedent veteran or a decedent eligible dependent shall, within 5 business days of the initiation of the natural organic reduction provide the decedent’s identifying information to a veterans service organization, as defined in § 5-803 of the Business Regulation Article.

(b)

The veterans service organization will notify the permit holder whether the decedent is a veteran or eligible dependent eligible for burial in a veterans cemetery.

(c)

The permit holder will notify the authorizing agent whether the decedent is eligible for burial in a veterans cemetery. The authorizing agent may authorize the permit holder to:

(i)

Transfer a portion of the soil remains to a veterans service organization that grants permission for the purpose of disposition; and

(ii)

Transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.

(d)

If a veterans service organization does not take possession of a portion of unclaimed soil remains under this regulation that qualifies for a plot in a State veterans cemetery under § 9-906 of the State Government Article, within 10 days after the reduction facility receives the notification, the reduction facility shall:

(i)

notify the Department of Veterans and Military Families of the status of the soil remains for the purpose of the appropriate disposition of the soil remains;

(ii)

transfer the soil remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the soil remains; and

(iii)

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.

(7)

Soil remains may not be stored on site for longer than 12 months, unless approved by the Office on a case-specific basis and addressed in the RFOP.

General Restrictions.

(1)

A permit holder shall not engage in operating a reduction facility in a manner which will likely:

(a)

Create a nuisance;

(b)

Be conducive to insect and rodent infestation or the harborage of animals;

(c)

Cause nuisance odors or other air pollution in violation of state, local, or federal laws and regulations unless permitted by state, federal, or local authorities;

(d)

Cause a discharge of liquid or solid waste derived from human remains to waters of this State unless otherwise permitted by state, federal, or local authorities; or

(e)

Create other hazards to the public health, safety, or comfort as may be determined by state, federal, or local authorities.

(2)

A registered reduction operator may not:

(a)

Perform natural organic reduction on human remains which are known, or reasonably suspected, to have been embalmed or have an infection, disease, or other biological condition that renders the process of natural organic reduction or the soil remains unreasonably unsafe, including:

(i)

Creutzfeldt-Jakob disease or other prion disease;

(ii)

Ebola virus infection;

(iii)

Mycobacterium tuberculosis infection;

(iv)

The presence of diagnostic or therapeutic radioisotopes; or

(v)

Any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of a federal, State, or local health authority;

(b)

Use or dispose of soil remains on public or private property without the prior written permission of the owner or surviving owner of the property;

(c)

Knowingly use or sell the soil remains to grow food for consumption by humans or livestock;

(d)

Combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers.

The Office, in exercising its authority under these regulations with respect to granting or renewing permits or inspecting a reduction facility may consider any documentation required under these regulations to evaluate whether any of the conditions described in these regulations is likely to occur or has occurred.

Regulation .10 Disposition of Soil Remains.Link Copy Citation

Upon completion of the natural organic reduction process, insofar as is possible:

(1)

All of the recoverable soil remains shall be:

(a)

Removed from the vessel;

(b)

Except for medical devices remaining after reduction, pulverized; and

(c)

Placed in a soil remains container; and

(2)

The identification disc required by Health Occupations Article, §7-411, Annotated Code of Maryland, shall be:

(a)

Removed from the vessel; and

(b)

Placed in the soil remains container with the soil remains.

Medical devices which remain after the completion of the natural organic reduction process shall be treated as medical waste and disposed of accordingly.

After pulverization, all soil remains, together with the identification disc, shall be placed in a soil remains container or containers adequate to accommodate the soil remains.

A registered reduction operator is responsible for the label or labeling or providing on a written invoice or shipping statement indicating the soil remains containers, and a person may not use or dispose of soil remains produced by natural organic reduction:

(1)

On public or private property without the prior written permission of the owner or surviving owner of the property;

(2)

By using the soil remains to grow food for consumption by humans or livestock;

(3)

By selling or reselling the soil remains to a third party; or

(4)

By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers.

If a soil remains container is to be shipped, the soil remains container shall have the name of the decedent contained therein legibly written on the outside of the soil remains container.

If soil remains have been in the possession of a permit holder without instructions for disposition for a period of 90 days or more from the date of reduction, the permit holder may arrange for disposition in any legal manner, provided the entity:

(1)

Attempts to contact the authorizing agent for disposition instructions by certified mail to the last known address;

(2)

Informs the authorizing agent at the time of authorization the procedures that will be followed if disposition instructions are not received;

(3)

Informs the authorizing agent at the time of authorization that disposition will occur in a manner at the permit holder’s discretion if disposition instructions are not received within sixty days of the first attempt to notify the authorizing agent of the completion of natural organic reduction;

(4)

Informs the authorizing agent that recovery of the soil remains after disposition may not be possible; and

(5)

Maintains a permanent record of the location of disposition.

A permit holder making disposition arrangements of unclaimed soil remains will not be liable for the disposition or nonrecoverability of the soil remains.

Bodily fluids, blood, tissues, and waste removed from human remains must be kept with the body in the vessel.

All containers and liners used to receive solid or fluid materials removed from human remains must be cleaned and disinfected immediately after use and disposed of in accordance with local ordinances and other applicable laws and rules for infectious waste.

Regulation .11 Testing of Soil Remains.Link Copy Citation

A permit holder shall:

(1)

Upon initial receipt of permit from the Office, test, using a third-party laboratory, the reduction facility’s initial 20 instances of soil remains for the parameters identified in Table A, and any additional instances of soil remains necessary to achieve 20 reductions meeting the parameters identified in Table A;

(2)

After 20 soil remains meet the limits outlined in Table A, analyze, at a minimum, 25 percent of a reduction facility’s monthly instances of soil remains for the parameters identified in Table A until 80 total instances have met the requirements in Table A;

(3)

Ensure the third-party laboratory described under §A(1) of this regulation:

(a)

Uses a sampling method such as described in the U.S. Composting Council 2002 Test Methods for the Examination of Composting and Compost, Method 02.01-A through E, or its successor;

(b)

Confirms Soil remains have less than 0.01 mg/kg dry weight of physical contaminants which include, but are not limited to, intact bone, dental fillings, and medical implants; and

(c)

Tests for arsenic, cadmium, lead, mercury, and selenium, and either fecal coliform or salmonella in soil remains to meet the testing parameters and limits identified in Table A.

Other local, State, or federal authorities may require tests of soil remains for additional parameters.

A permit holder may not release any soil remains that exceed the limits identified in Table A.

Any soil remains that exceed the parameters identified in Table A must undergo additional pathogen treatment processes as described in Title 40 of the Code of Federal Regulations, Part 503, Appendix B until the soil tests within the limits identified in Table A.

Regulation .12 Tools.Link Copy Citation

Permit holders providing natural organic reduction services shall maintain, at its own expense, the following tool inventory:

Suitable tools for cleaning a vessel;

Suitable tools for cleaning pulverizers;

Mortar and pestle;

Hand magnet and metal detector wand to detect and remove metal from soil remains;

Tweezers to remove nonmetal objects from soil remains;

National Institute for Occupational Safety & Health certified N95 filtering facepiece respirators; and

An emergency eyewash unit meeting the criteria established under the American National Standards Institute and the International Safety Equipment Association Z358.1-2014 (R2020) or its successor.

Regulation .13 Visitors.Link Copy Citation

Privacy. Entrances and exterior windows of the reduction facility shall be maintained at all times to secure privacy, including:

(1)

Doors shall be tight closing and rigid;

(2)

Windows shall be covered;

(3)

Entrances other than to the office or ceremony room shall be marked “private” or “authorized entry only” to preclude entry by unauthorized persons; and

(4)

Entrances shall be locked and secured when not actively attended by one or more authorized persons.

Access. No persons except authorized persons shall be admitted into the holding facility while human remains are being stored and no persons except authorized persons shall be admitted into the area containing vessels for natural organic reduction while the decedents are receiving natural organic reduction. Authorized persons shall enter and remain in the holding facility or vessel area only as necessary to perform or assist with the performance of reduction facility business and operations. On admittance, authorized persons shall comply with all rules of the reduction facility and not infringe upon the privacy and dignity of the remains of decedents.

Dignity of ceremony room. A reduction facility may have a ceremony room available for viewings and ceremonies. The ceremony room shall be separated from the holding facility. The holding facility interior shall not be visible from the ceremony room. No persons except authorized persons shall be admitted into the ceremony room during the commencement of natural organic reduction.

Authorized Persons. The following are authorized persons:

(1)

Licensed funeral directors, morticians, and enrolled students of mortuary science;

(2)

Officers and directors of the reduction facility;

(3)

Authorized employees or agents of the reduction facility;

(4)

Public officers acting in the discharge of their duties;

(5)

Authorized instructors of funeral directing schools;

(6)

The person or persons in control of disposition;

(7)

Members of the immediate family of the decedent, their authorizing agent and designated representatives; and

(8)

Other individuals authorized by the authorizing agent or accompanied by reduction facility staff.

Chapter 14. Natural Organic Reduction—Code of Ethics

Regulation .01 Scope.Link Copy Citation

This chapter governs any person who holds a permit, pursuant to Business Regulation Article, Title 5, Annotated Code of Maryland, to engage in the operation of a reduction facility or to act as a registered reduction operator.

Regulation .02 General Professional Practice.Link Copy Citation

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 to 5-1001, Annotated Code of Maryland;

(4)

Comply with Business Regulation Article, Title 5, Annotated Code of Maryland;

(5)

Comply with the 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 reduction facility;

(7)

(8)

Comply with all local, State, and federal laws regarding the disposition of human remains;

(9)

Be sensitive and responsive to the bereavement needs of a decedent’s family;

(10)

Provide a general price list in effect at that time, in accordance with the requirements of the Federal Trade Commission’s funeral rule found at 16 CFR part 453; and

(11)

Provide accurate information from the general price list to any person who requests information, by telephone, regarding natural organic reduction related goods or services.

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.

A permit holder or registered reduction 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 reduction facility or perform a natural organic reduction while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician.

Title 09 — Subtitle 34. Office of Cemetery Oversight

Chapter 01. Registration and Permit Requirements

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Exception from Permit and Registration Requirements.LinkCopy Citation

Regulation .04 Permit—Requirements for Initial Permit of Business.LinkCopy Citation

Regulation .05 Registration — Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods.LinkCopy Citation

Regulation .06 Business Application — Financial Stability.LinkCopy Citation

Regulation .07 Change of Information.LinkCopy Citation

Regulation .08 Setting of Fees.LinkCopy Citation

Regulation .09 Renewal.LinkCopy Citation

Regulation .10 Lapsed Registration.LinkCopy Citation

Regulation .11 Hearings.LinkCopy Citation

Regulation .12 Display of Registration or Permit.LinkCopy Citation

Regulation .13 Communication from Director — Failure to Respond.LinkCopy Citation

Chapter 02. Perpetual Care

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definition.LinkCopy Citation

Regulation .03 Perpetual Care Report.LinkCopy Citation

Regulation .04 Realized Capital Gains of a Perpetual Care Trust Fund.LinkCopy Citation

Chapter 03. Fees

Regulation .01 Registration Fees.LinkCopy Citation

Regulation .02 Permit Fees.LinkCopy Citation

Regulation .03 Other Fees.LinkCopy Citation

Chapter 04. Code of Ethics and Professional Standards

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 General Professional Practices.LinkCopy Citation

Regulation .04 Professional Standards for Registered Cemeterians and Permit Holders that Own or Operate Cemeteries.LinkCopy Citation

Chapter 05. Crematories — Definitions

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Chapter 06. Crematories — Permit and Registration Process and Fees

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Permit Issuing Agency.LinkCopy Citation

Regulation .03 Permit — Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership.LinkCopy Citation

Regulation .04 Permit — Requirements for Permit for a Crematory Owned by a Sole Proprietor.LinkCopy Citation

Regulation .05 Permit — Requirements for Registration for a Registered Crematory Operator.LinkCopy Citation

Regulation .06 Permit — Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership.LinkCopy Citation

Regulation .07 Permit — Requirements for a New Crematory Owned by a Sole Proprietor.LinkCopy Citation

Regulation .08 Change of Information.LinkCopy Citation

Regulation .09 Renewal.LinkCopy Citation

Regulation .10 Lapsed Permit.LinkCopy Citation

Regulation .11 Hearings — Permit Denial.LinkCopy Citation

Regulation .12 Fees.LinkCopy Citation

Regulation .13 Display of Permit.LinkCopy Citation

Regulation .14 Cremation Prior to Obtaining a Permit.LinkCopy Citation

Chapter 07. Crematories — Inspections, Complaints, and Discipline

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Inspection by the Office.LinkCopy Citation

Regulation .03 Crematory Inspection Report, Deficiencies, Violations, and Penalties.LinkCopy Citation

Regulation .04 Complaints.LinkCopy Citation

Regulation .05 Investigations.LinkCopy Citation

Regulation .06 Grounds for Discipline and Penalties.LinkCopy Citation

Chapter 08. Crematories — Crematory Procedures

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Removal, Identification, and Transportation of Human Remains.LinkCopy Citation

Regulation .03 Crematory Containers.LinkCopy Citation

Regulation .04 Holding Facilities.LinkCopy Citation

Regulation .05 Holding Remains.LinkCopy Citation

Regulation .06 Identification of Human Remains Immediately Prior to Cremation or Alkaline Hydrolysis.LinkCopy Citation

Regulation .07 Crematory Services Authorization.LinkCopy Citation

Regulation .08 Record of Receipt of Remains.LinkCopy Citation

Regulation .09 Use of a Casket; Embalming.LinkCopy Citation

Regulation .10 Disposition of Processed Human Remains.LinkCopy Citation

Regulation .11 Tools.LinkCopy Citation

Regulation .12 Visitors.LinkCopy Citation

Chapter 09. Crematories — Code of Ethics

Regulation .01 Scope.LinkCopy Citation

Regulation .02 General Professional Practices.LinkCopy Citation

Chapter 10. Natural Organic Reduction — Definitions

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Chapter 11. Natural Organic Reduction—Permits, Registration Process, and Fees

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Permit Issuing Agency.LinkCopy Citation

Regulation .03 Permit Requirements for a Reduction Facility Owned by a Corporation, Limited Liability Company, or Partnership.LinkCopy Citation

Regulation .04 Permit Requirements for a Reduction Facility Owned by a Sole Proprietor.LinkCopy Citation

Regulation .05 Permit Requirements for Registration for a Registered Reduction Operator.LinkCopy Citation

Regulation .06 Permit Requirements for a New Reduction Facility.LinkCopy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Exception from Permit and Registration Requirements.Link Copy Citation

Regulation .04 Permit—Requirements for Initial Permit of Business.Link Copy Citation

Regulation .05 Registration — Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods.Link Copy Citation

Regulation .06 Business Application — Financial Stability.Link Copy Citation

Regulation .07 Change of Information.Link Copy Citation

Regulation .08 Setting of Fees.Link Copy Citation

Regulation .09 Renewal.Link Copy Citation

Regulation .10 Lapsed Registration.Link Copy Citation

Regulation .11 Hearings.Link Copy Citation

Regulation .12 Display of Registration or Permit.Link Copy Citation

Regulation .13 Communication from Director — Failure to Respond.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definition.Link Copy Citation

Regulation .03 Perpetual Care Report.Link Copy Citation

Regulation .04 Realized Capital Gains of a Perpetual Care Trust Fund.Link Copy Citation

Regulation .01 Registration Fees.Link Copy Citation

Regulation .02 Permit Fees.Link Copy Citation

Regulation .03 Other Fees.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 General Professional Practices.Link Copy Citation

Regulation .04 Professional Standards for Registered Cemeterians and Permit Holders that Own or Operate Cemeteries.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Permit Issuing Agency.Link Copy Citation

Regulation .03 Permit — Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership.Link Copy Citation

Regulation .04 Permit — Requirements for Permit for a Crematory Owned by a Sole Proprietor.Link Copy Citation

Regulation .05 Permit — Requirements for Registration for a Registered Crematory Operator.Link Copy Citation

Regulation .06 Permit — Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership.Link Copy Citation

Regulation .07 Permit — Requirements for a New Crematory Owned by a Sole Proprietor.Link Copy Citation

Regulation .08 Change of Information.Link Copy Citation

Regulation .09 Renewal.Link Copy Citation

Regulation .10 Lapsed Permit.Link Copy Citation

Regulation .11 Hearings — Permit Denial.Link Copy Citation

Regulation .12 Fees.Link Copy Citation

Regulation .13 Display of Permit.Link Copy Citation

Regulation .14 Cremation Prior to Obtaining a Permit.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Inspection by the Office.Link Copy Citation

Regulation .03 Crematory Inspection Report, Deficiencies, Violations, and Penalties.Link Copy Citation

Regulation .04 Complaints.Link Copy Citation

Regulation .05 Investigations.Link Copy Citation

Regulation .06 Grounds for Discipline and Penalties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Removal, Identification, and Transportation of Human Remains.Link Copy Citation

Regulation .03 Crematory Containers.Link Copy Citation

Regulation .04 Holding Facilities.Link Copy Citation

Regulation .05 Holding Remains.Link Copy Citation

Regulation .06 Identification of Human Remains Immediately Prior to Cremation or Alkaline Hydrolysis.Link Copy Citation

Regulation .07 Crematory Services Authorization.Link Copy Citation

Regulation .08 Record of Receipt of Remains.Link Copy Citation

Regulation .09 Use of a Casket; Embalming.Link Copy Citation

Regulation .10 Disposition of Processed Human Remains.Link Copy Citation

Regulation .11 Tools.Link Copy Citation

Regulation .12 Visitors.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 General Professional Practices.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Permit Issuing Agency.Link Copy Citation

Regulation .03 Permit Requirements for a Reduction Facility Owned by a Corporation, Limited Liability Company, or Partnership.Link Copy Citation

Regulation .04 Permit Requirements for a Reduction Facility Owned by a Sole Proprietor.Link Copy Citation

Regulation .05 Permit Requirements for Registration for a Registered Reduction Operator.Link Copy Citation

Regulation .06 Permit Requirements for a New Reduction Facility.Link Copy Citation

Regulation .07 Surety Bond Requirements.Link Copy Citation

Regulation .08 Change of Information.Link Copy Citation

Regulation .09 Renewal.Link Copy Citation

Regulation .10 Lapsed Permit.Link Copy Citation

Regulation .11 Hearings—Permit Denial.Link Copy Citation

Regulation .12 Fees.Link Copy Citation

Regulation .13 Display of Permit.Link Copy Citation

Regulation .14 Reduction Prior to Obtaining a Permit.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Inspection by the Office.Link Copy Citation

Regulation .03 Reports, Deficiencies, Violations, and Penalties.Link Copy Citation

Regulation .04 Complaints.Link Copy Citation