<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 09.34.08.07" title_num="09" subtitle_num="34" chapter_num="08" heading="Crematory Services Authorization.">
  <paragraph num="A.">
    <text>Except as otherwise provided in this regulation, a permit holder may not cremate or hydrolyze human remains until:</text>
    <paragraph num="(1)">
      <text>The body has been identified as required by Health Occupations Article, §7-411, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The crematory has received:</text>
      <paragraph num="(a)">
        <text>A crematory services authorization on a form approved by the Office and signed by an authorizing agent;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If applicable, a written delegation document or facsimile; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any other documentation required by federal, State, or local law; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The crematory services authorization form shall:</text>
    <paragraph num="(1)">
      <text>Be provided by the permit holder to the authorizing agent, and signed by the authorizing agent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Contain the following information:</text>
      <paragraph num="(a)">
        <text>The identity of the decedent;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Date of death;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The name and address of the crematory where the cremation or alkaline hydrolysis will occur;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Authorization for the permit holder to cremate or hydrolyze the human remains;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Authorization to verify that the following have been removed prior to cremation or alkaline hydrolysis:</text>
        <paragraph num="(i)">
          <text>Implanted pacemaker or defibrillator; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Any other materials that the crematory authority deems should be removed to prevent harm to the public health or damage to equipment;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(h)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>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</text>
      </paragraph>
      <paragraph num="(j)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Be signed by the authorizing agent.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If an authorizing agent is not available to execute the crematory services authorization form, the authorizing agent may delegate that authority to another individual:</text>
    <paragraph num="(1)">
      <text>In writing; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If located outside the area, by transmitting to the crematory authority:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Once the authorizing agent is located in the area, a notarized statement, through the United States Postal Service attesting to the delegation of authority.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A permit holder shall maintain a copy of every crematory services authorization form required under this regulation as permanent records.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Crematory services authorization records are subject to inspection and copying by the Office.</text>
  </paragraph>
</regulation>