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<regulation prefix="Regulation" num=".07" citation="COMAR 09.34.13.07" title_num="09" subtitle_num="34" chapter_num="13" heading="Natural Organic Reduction Authorization.">
  <paragraph num="A.">
    <text>Except as otherwise provided in this regulation, a registered reduction operator may not perform natural organic reduction on human remains until:</text>
    <paragraph num="(1)">
      <text>The human remains have been identified as required by Health Occupations Article, §7-411, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reduction facility has received:</text>
      <paragraph num="(a)">
        <text>A natural organic reduction authorization form 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, paper or electronic;</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 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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The natural organic reduction 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 reduction facility where the natural organic reduction 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>Disclose that the authorizing agent may not use or dispose of soil remains:</text>
        <paragraph num="(i)">
          <text>On public or private property without the prior written permission of the owner or surviving owner of the property;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>By using the soil remains to grow food for consumption by humans or livestock;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>By selling or reselling the soil remains to a third party; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Authorization for the registered reduction operator to perform natural organic reduction services;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Authorization to verify that the following have been removed prior to perform natural organic reduction:</text>
        <paragraph num="(i)">
          <text>Implanted pacemaker or defibrillator; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Any other materials that the registered reduction operator deems should be removed to prevent harm to the public health or damage to equipment;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(i)">
        <text>A representation by the authorizing agent that none of the following apply:</text>
        <paragraph num="(i)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Containing a nuclear pacemaker until such time that the nuclear pacemaker is removed;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>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</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>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;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(j)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(m)">
        <text>Informs the authorizing agent that recovery of the soil remains after the disposition may not be possible; 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 natural organic reduction 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 permit holder:</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 decedent 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 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 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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A permit shall maintain a copy of every natural organic reduction authorization form required under this regulation as permanent records.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Natural organic reduction authorization records are subject to inspection and copying by the Office.</text>
  </paragraph>
</regulation>