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09.34.05-.09 - Office of Cemetery Oversight - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 39, ISSUE 20,
FRIDAY, OCTOBER 5, 2012

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

Notice of Proposed Action
[12-261-P]

The Director of the Office of Cemetery Oversight proposes to adopt:

  (1) New Regulations .01 and .02 under a new chapter, COMAR 09.34.05 Crematories - Definitions;
  (2) New Regulations .01 -.13 under a new chapter, COMAR 09.34.06 Crematories - Permit and Registration Process and Fees;
  (3) New Regulations .01 - .06 under a new chapter, COMAR 09.34.07 Crematories - Inspections, Complaints, and Discipline;
  (4) New Regulations .01 - .12 under a new chapter, COMAR 09.34.08 Crematories - Cremation Procedures; and 
  (5) New Regulations .01 and .02 under a new chapter, COMAR 09.34.09 Crematories - Code of Ethics.

Statement of Purpose

The purpose of this action is to implement the provisions in Ch. 450, Acts of 2010, requiring the Office of Cemetery Oversight and the State Board of Morticians and Funeral Directors to establish a specified process and adopt specific regulations for regulating crematories. Such regulations specifically include regulations governing registration or licensure and renewal; applications, including certification of ownership and identification of individuals who will perform cremation; registration or licensure fees; cremation containers; holding facilities; authorization forms; waiting period before cremation; delegation of authority to cremate; liability of authorizing agent and crematory; receipts and records of cremation; resolution of disputes regarding cremation; prohibitions against requiring caskets and embalming; identification of human remains before and after cremation; storage of human remains before cremation; hazardous implants; prohibition against simultaneous cremation of more than one person without authorization; inspection and copying of records by regulating authority; approved containers for cremains; disposition of unclaimed cremains; inspections; registration or licensure fees; providing identification of and updates on individuals performing cremation to the regulating authority; and any other issue determined to be necessary to carry out the provisions of Ch. 450, Acts of 2010.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Office of Cemetery Oversight will incur a modest increase in workload as a result of establishing a regulatory program governing crematories. This will include reviewing applications, responding to inquiries, maintaining files and a data system, handling disciplinary actions, etc. A moderate fee will be imposed on crematories and operators, generating a limited amount of additional revenue. Existing staff will absorb the additional workload. Crematories will bear the additional cost of the licensing fee, which may be passed through to consumers. Consumers will have the benefit of the standards established for the operation of a crematory and the conduct of cremations, as well as specific recourse to a State regulator for complaints.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency:
Office of Cemetery Oversight
R+ Less than $5,000 in new revenue from biennial fees
 
B. On other State agencies: NONE
 
C. On local governments: NONE
Benefit (+)
Cost (-)
Magnitude

D. On regulated industries or trade groups: (+) All crematories, new biennial fees less than $5,000
 
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public: (+) Indeterminable
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.) 
  A. It is estimated that the office will license fewer than ten crematories.
  D. Crematories will bear the cost of any pertinent fees imposed by the Office.
  F. Consumers will benefit from a regulatory program designed to protect the public through the administration of standards. State regulators will provide recourse for consumers aggrieved by actions in violation of pertinent laws and regulations.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Marilyn Harris Davis, Executive Director, Office of Cemetery Oversight, 500 N. Calvert St., 3rd Floor, Baltimore, MD 21202, or call 410 265-1845, or email to mharrisdavis@dllr.state.md.us, or fax to 410 333-6314. Comments will be accepted through November 5, 2012. A public hearing has not been scheduled.

09.34.05 Crematories - Definitions

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.
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.

.02 Definitions.
A. 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.
B. 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) "Authorizing agent" means an individual legally entitled to order the cremation of human remains or legally authorized to control the final disposition of human remains.
(3) "Board" means the Board of Morticians and Funeral Directors.
(4) 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.
(5) "Cremated human remains" means all human remains recovered after completion of cremation and the use of pulverizing equipment.
(6) "Cremation" means the process of reducing human remains to bone fragments through intense heat and evaporation, including any mechanical or thermal process and may include pulverization.
(7) "Cremation container" means a readily combustible, rigid container in which human remains are sent to the crematory and then placed in the cremation chamber for cremation.
(8) "Cremator" means the machinery within which the process of cremation of human remains begins.
(9) "Crematory" means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation.
(10) "Crematory authority" means a legal entity or sole proprietor that has been issued a permit by the Office of Cemetery Oversight to operate as a crematory and perform cremations.
(11) "Embalming" means the disinfection or preserving of human remains by arterial or cavity injection or any other type of preservation.
(12) "Engage in the operation of a crematory" means controlling or managing a crematory.
(13) "Holding facility" means an area, within or adjacent to a crematory, designed for the retention of human remains before cremation.
(14) "Human remains" means the body of a deceased person, or part of a body or limb that has been removed from a living person.
(15) "Office" means the Office of Cemetery Oversight.
(16) "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.
(17) "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.
(18) "Person" means an individual, receiver, trustee, corporation, limited liability company, or partnership.
(19) "Processed human remains" means the end result of pulverization of cremated human remains, where the residue from the cremation process is cleaned leaving only bone fragments reduced to 5 millimeters or less.
(20) "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.
(21) "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.
(22) "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.

09.34.06 Crematories - Permit and Registration Process and Fees

Authority: Business Regulation Article, 5-102, 5-204, 5-205, 5-301 - 5-310, 5-312, 5-401 - 5-403, and 5-901 - 5-905, Annotated Code of Maryland

.01 Scope.
This chapter governs the permit process for persons who operate a crematory in the State and the fees for crematory and registered crematory operator permits.

.02 Permit Issuing Agency.
A. 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.
B. 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.
C. 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.
D. A person who is a licensee or holder of a corporation licensee 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 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Board.
E. 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.
F. 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 within 90 days from the effective date of this chapter.

.03 Permit . Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership.
A. 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.
B. 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 the registered crematory operator may not be designated as the responsible party for more than a total of two crematories;
(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.

.04 Permit . Requirements for Permit for a Crematory Owned by a Sole Proprietor.
A. 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.
B. 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 the registered crematory operator may not be designated as the responsible party for more than a total of two crematories; 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.

.05 Permit - Requirements for Registration for a Registered Crematory Operator.
A. 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.
B. 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 lists the applicant's previous three employers;
(5) Has achieved certification as a crematory operator by the Cremation Association of North America (CANA), International Cemetery, Cremation and Funeral Association (ICCFA),or other equivalent certification recognized by the Office;
(6) Has successfully completed the operator training course of the manufacturer of the cremator 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.
C. 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) 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.
(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 crematory authority 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.
D. A registered crematory operator may not be designated as the responsible party for more than two crematories.
E. 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.
F. An individual who will become the registered crematory operator for a crematory which was in operation prior to the effective date of this chapter or for a crematory which has filed an application for a permit pursuant to this chapter, shall obtain the certification and manufacturer training required by B.(5) and (6) of this regulation within 90 days from the effective date of this regulation or be subject to action by the Office.

.06 Permit . Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership.
A. 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.
B. 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 the registered crematory operator may not be designated as the responsible party for more than a total of two crematories;
(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.
C. Crematories not in operation prior to the effective date of this chapter shall be certified by:
(1) The Cremation Association of North America (CANA);
(2) The International Cemetery, Cremation and Funeral Association (ICCFA); or
(3) Another equivalent body recognized by the Office.

.07 Permit . Requirements for a New Crematory Owned by a Sole Proprietor.
A. 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.
B. 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 the registered crematory operator may not be designated as the responsible party for more than a total of two crematories; 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.
C. Before applying to the Office for a permit, any crematory not in operation before the effective date of this chapter, shall have in its employ an individual who holds a certification from:
(1) The Cremation Association of North America (CANA);
(2) The International Cemetery, Cremation and Funeral Association (ICCFA); or
(3) Another equivalent body recognized by the Office.

.08 Change of Information.
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, within15 days of the date of the change.

.09 Renewal.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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 .13 of this chapter.

.10 Lapsed Permit.
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:
A. Complete a permit application form;
B. Pay the permit fee and the late renewal fee under Regulation .13 of this chapter;
C. Meet the permit requirements under Regulation .03, .04, or .05 of this chapter;
D. Submit the documentation required by Regulation .03, .04, or .05 of this chapter;
E. 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
F. 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.

.11 Hearings - Permit Denial.
A. 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.
B. 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.
C. 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.

.12 Fees.
A. 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.
B. 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.
C. 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.

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

09.34.07 Crematories - Inspections, Complaints, Discipline

Authority: Business Regulation Article, 5-204, 5-310, and 5-311, Annotated Code of Maryland

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

.02 Inspection by the Office.
A. A crematory shall be available for inspection by a representative of the Office at any time during operating hours.
B. A 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.
C. A permit holder shall be available to accompany the inspector during the inspection and sign the inspection report.
D. 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, there may be no more than one human body cremated in a single cremator at a time;
(3) A cremator shall be cleaned completely after each cremation;
(4) There may not be co-mingling of human remains and pet remains in refrigeration units or vehicles;
(5) Separate cremators shall be dedicated for the cremation of human remains and the cremation of pets;
(6) There may not be:
(a) Co-mingling of cremated human remains with other cremated human remains or pet remains;
(b) Scooping of cremated human remains from a bucket containing commingled cremated human remains; or
(c) Any form of misrepresentation in the return of cremated human remains;
(7) Excluding a deceased person with a known communicable infection, human remains shall be properly identified before cremation 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 hand washing sink with hot and cold water in the room in which the cremator is housed; and
(b) The equipment necessary to thoroughly clean the floor within the room housing the cremator with water and an appropriate sanitizing agent;
(10) The name of the deceased shall be visible on the outside of the cremation container;
(11) Human remains shall be properly stored prior to cremation;
(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 cremated human remains with a mortar and pestle when the cremated human remains are not sufficient in amount for pulverizing in mechanical equipment;
(13) Separate pulverizing drums shall be dedicated for cremated human remains and cremated pet remains;
(14) Before pulverizing, the mechanical pulverizer shall be clamped;
(15) A crematory may not refuse to release cremated human remains pending payment of outstanding fees;
(16) Within 6 months of the effective date of this chapter, cremators shall be retrofitted, if necessary, with safety devices that will prevent the automatic door from dropping prematurely;
(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; and
(19) A cremator shall have, visible on its front, a warning sign stating "No leaning past the door of the cremator."
E. 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) Cremation authorization form;
(2) Burial transit permit;
(3) Delegation of authority form;
(4) Receipt for human remains;
(5) Record of cremation;
(6) Certificate of cremation; and
(7) Return of human cremated remains certificate.
F. Inspection results shall be written on forms approved by the Office.
G. 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.
H. The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.
I. At the time of the Office's inspection, the permit holder shall provide written documentation to the Office's inspector that:
(1) The cremator 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 cremator.

.03 Crematory Inspection Report, Deficiencies, Violations, and Penalties.
A. The Director of the Office shall review the inspection report and make a determination as to whether a deficiency exists.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.

.04 Complaints.
A. A complaint regarding a crematory authority 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.
B. The Office may initiate a complaint or investigation.

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

.06 Grounds for Discipline and Penalties.
  A. 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 if 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.
  B. 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.

09.34.08 Crematories - Cremation Procedures

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.
This chapter governs the procedures to be followed by a permit holder in performing a cremation in this State.

.02 Removal, Identification, and Transportation of Human Remains.
A. 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 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 crematory authority deems should be removed from the human remains or cremation container in order to prevent harm to the public health or damage to the cremator;
(5) Remove any jewelry on the human remains or in the cremation container;
(6) Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging cremation services; and
(7) Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging cremation services for the removed jewelry and retain the receipt as a permanent record.
B. 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.
C. Materials identifying the human remains placed in the custody of a crematory authority shall contain the following information about the decedent:
(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.
D. A crematory authority shall not accept unidentified human remains for cremation.

.03 Cremation Container.
A. 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.
B. A cremation container which appears to be heavily coated with varnish, lacquer, or any other highly combustible substance shall be:
(1) Placed in a cold cremator within which no cremation has occurred in the prior 4 hours; or
(2) Coated completely with water before being placed in the cremator.

.04 Holding Facilities.
A holding facility shall:
A. Comply with applicable public health laws;
B. Preserve the dignity of human remains;
C. Recognize the integrity, health, and safety of crematory establishment personnel; and
D. Be secure from access by unauthorized persons.

.05 Holding Remains.
A. Unless prevented by emergency circumstances, human remains that have been designated for cremation shall be cremated by a crematory authority within 48 hours after receipt.
B. A crematory authority may not hold human remains for cremation unless the human remains are contained within an individual, rigid, stackable, closed cremation container.
C. A crematory authority may not accept a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein.
D. Whenever a crematory authority is unable to cremate human remains within 48 hours of taking custody thereof due to emergency circumstances, the crematory authority shall maintain the human
remains in a refrigerated holding facility, either on or off site, at 40°F or less, unless the remains have been embalmed.

.06 Identification of Human Remains Immediately Prior to Cremation.
A. Immediately prior to being placed within the cremator, a designee of the crematory authority shall:
(1) Verify the identification of the human remains; and
(2) Place in the cremator the circular, hard metal identification disc of the human remains being cremated where it shall remain in place until the cremation process is complete.
B. The designee of the crematory authority who is operating the cremator may not leave the immediate area of the cremator during the cremation process.

.07 Cremation Authorization.
A. Except as otherwise provided in this regulation, a crematory authority may not cremate human remains until:
(1) The body has been identified as required by Health Occupations Article, 7-411, Annotated Code of Maryland;
(2) The crematory authority has received:
(a) A cremation 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 crematory authority has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to be cremated.
B. The cremation authorization form shall:
(1) Be provided by the crematory authority to the authorizing agent;
(2) Contain the following information:
(a) The identity of the human remains;
(b) Date of death;
(c) The name and address of the crematory where the cremation 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 crematory authority to cremate the human remains;
(f) Authorization to verify that the following have been removed before cremation:
(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;
(g) A representation by the authorizing agent that radiological implant treatment has not occurred to the human remains within 5 days before cremation;
(h) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; and
(i) The name and address of the person authorized to claim the cremated remains from the crematory authority or accept the cremated remains via registered mail; and
(3) Be signed by the authorizing agent.
C. If an authorizing agent is not available to execute the cremation 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.
D. Upon receipt of the written delegation document or a copy of the delegation document 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.
E. A person signing a cremation authorization form is deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose
remains are sought to be cremated and the authority of that person to order such a cremation.
F. A crematory authority shall notify and obtain the written consent of the authorizing agent before the cremation of human remains at a location other than the location named on the cremation authorization form.
G. A crematory authority shall maintain a copy of every cremation authorization form required under this regulation as permanent records.
H. Cremation authorization records are subject to inspection and copying by the Office.

.08 Record of Receipt of Remains.
A. A crematory authority shall provide to an individual who delivers human remains for cremation a receipt signed by both the crematory authority 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.
B. The crematory authority shall maintain a record of each cremation 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; and
(7) Name of the individual who performed the cremation.
C. The crematory authority shall provide a certificate of disposition of cremated human remains to the authorizing agent or funeral establishment that arranged for the cremation that contains
the:
(1) Name of the deceased;
(2) Name of the authorizing agent;
(3) Date, time, and location where cremation occurred;
(4) Name of the individual who performed the cremation;
(5) Name and address of the person who received the cremated human remains from the crematory authority; 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 cremated human remains.
D. The crematory authority shall maintain a copy of every record and receipt required by this regulation as permanent records.
E. All records and receipts required to be maintained by a crematory authority by this chapter are subject to inspection and copying by the Office.

.09 Use of a Casket; Embalming.
A. Except as provided in B of this regulation, a crematory authority 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 crematory authority to remove the metal mattress holder in the casket.
B. Human remains delivered to a crematory authority 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.
C. 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 crematory authority is not required to accept this manner of disposition.
D. A crematory authority may not require that human remains be subjected to embalming before cremation.

.10 Disposition of Cremated Human Remains.
A. Upon completion of the cremation, insofar as is possible:
(1) All of the recoverable residue of the cremation process shall be:
(a) Removed from the cremator;
(b) Except for medical devices remaining after cremation, processed; and
(c) Placed in a container; and
(2) The identification disc required by Health Occupations Article, 7-411, Annotated Code of Maryland, shall be:
(a) Removed from the cremator; and
(b) Placed in the container with the cremated human remains.
B. Medical devices which remain after the completion of the cremation process shall be treated as medical waste and disposed of accordingly.
C. After pulverization, all of the processed human remains, together with the identification disc, shall be placed in a sealable container.
D. If the cremation container opening is not of adequate dimensions to accommodate an identification disc, it shall be affixed to the container and a record of the cremation number shall be placed in the container.
E. If all of the processed human remains and the identification disc 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.
F. If the processed human remains and identification disc 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.
G. 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.
H. If processed human remains have been in the possession of a crematory authority, as originally authorized by the authorizing agent, without instructions for disposition, for a period of 10 days or more from the date of cremation, the crematory authority may send the processed human remains, by certified mail, return receipt requested, to the authorizing agent.

.11 Tools.
A crematory shall maintain, at its own expense, the following tool inventory:
A. Safety placement tool measuring a minimum of 49 inches in length;
B. Wire brushes for cleaning cremators;
C. Brush with fine bristles for cleaning pulverizers;
D. Mortar and pestle;
E. Funnel;
F. High temperature protective gloves and heat resistant leather gloves;
G. Hand magnet and metal detector wand to detect and remove metal from cremated human remains;
H. Tweezers to remove nonmetal objects from cremated human remains; and
I. Dust masks.

.12 Visitors.
A. 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.
B. Crematories that begin operation after July 1, 2013, shall construct a viewing room in the area of the cremator if the crematory authority intends to permit more than two visitors present in the area of the cremator during a cremation.

09.34.09 Crematories - Code of Ethics

Authority: Business Regulation Article, 5-204 and 5-310, Annotated Code of Maryland

.01 Scope.
This chapter governs any person who holds a permit to:
A. Engage in the operation of a crematory; or
B. Act as a registered crematory operator.

.02 General Professional Practices.
A. 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 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) 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;
(8) Comply with all local, State and federal laws regarding the final disposition of human remains;
(9) Be sensitive and responsive to the bereavement needs of a decedent's family;
(10) Provide a general price list, that includes accurate information, to anyone who, in person, requests pricing information regarding cremation related goods or services; and
(11) Provide accurate information from the general price list to any person who requests information, by telephone, regarding cremation related goods or services.
B. 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.
C. 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 while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician.

MARILYN HARRIS DAVIS
Director
Office of Cemetery Oversight