Md. Code Regs. 10.03.01.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.03.01.07 - Disinterment and Reinterment Permits

A. When human remains are to be removed from a cemetery or other final resting place and transferred to another cemetery or location, a disinterment and reinterment permit shall be obtained from the local health department in Baltimore City or the county in which the human remains are located or the Department of Health and Mental Hygiene. The form of this permit shall be prescribed by the Secretary. The Department or local health department may only issue a permit on written authorization from the State's Attorney of the jurisdiction in which the human remains are located or in compliance with a court order. If the human remains are moved to a grave or tomb within the same cemetery for relocation purposes only, a permit is not required.

B. When it is required to disinter human remains for an autopsy purpose, even though the human remains are to be reinterred in the same cemetery, an application for a disinterment and reinterment permit shall be made to the local health department or State Department of Health and Mental Hygiene by the Medical Examiner, or by the State's Attorney of Baltimore City or any county of Maryland when acting in the State's Attorney's official capacity in investigating the death.

C. When it is proposed to disinter and relocate a number of human remains, only one application shall be made by the mortician. The mortician shall submit with the application an original and copy of a list of the human remains to be disinterred. One disinterment and reinterment permit will be issued. The original of the list shall be attached to the permit and made a part of it, and a copy or electronic file of the list shall be retained by the local health department or State Department of Health and Mental Hygiene. If the names of human remains are not known, this fact shall be indicated on the application. The mortician shall include in the application an identification number, grave space grid number, or other means to identify every one of the human remains to be disinterred and reinterred.

D. The application for a disinterment and reinterment permit shall be made on a form prescribed by the Secretary. Upon approval of the completed application, the Secretary, Commissioner of Health of Baltimore City, or the county health officer or their designees, depending on where the human remains are located, shall sign and issue a disinterment and reinterment permit to:

(1) An individual qualified in the interment of human remains, such as a mortician or cemeterian;

(2) An individual qualified in the funerary rites appropriate to the cultural affiliation of the human remains, such as a minister, priest, or other religious leader; or

(3) An anthropologist or archaeologist.

E. The disinterment and reinterment permit shall be endorsed by the cemetery authority from which the human remains are disinterred, and also by the cemetery authority in which the human remains are reinterred. The authority of the latter cemetery shall return the permit to the Department of Health and Mental Hygiene, the Baltimore City Health Department, or the local health department within 10 days after reinterment if reinterment took place in a Maryland county or Baltimore City. If there is no cemetery authority, the mortician shall endorse the permit and return it to the appropriate health department within the time limit specified in this section.

F. A disinterred coffin or casket containing human remains shall be so constructed or encased as to prevent seepage or escape of odors.

G. Maintenance of Disinterment and Reinterment Permits.

(1) The Department and each local health department shall maintain a record of permits issued.

(2) A local health department shall provide documentation to the Department relating to a permit issued by the local health department.

(3) The Department shall maintain an up-to-date electronic file of all permits issued in the State.

H. A disinterment and reinterment permit expires on the 30th day after the date of issuance.

I. Except as provided in Health-General Article, §4-215(e)(5), Annotated Code of Maryland, the Department may not disclose or allow public inspection of information in a permit record about the location of the site of a disinterment or reinterment if a local burial sites advisory board or the Director of the Maryland Historical Trust determines that:

(1) The site is historic property, as defined in Article 83B, §5-601, Annotated Code of Maryland; and

(2) Disclosure would create a substantial risk of harm, theft, or destruction to the site.

Md. Code Regs. 10.03.01.07

Regulations .07 repealed effective November 30, 1987 (14:24 Md. R. 2555)
Regulations .07 adopted effective November 30, 1987 (14:24 Md. R. 2555)
Regulation .07 amended effective January 24, 2000 (27:1 Md. R. 75)
Regulation .07 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)
Regulation .07 amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)
Regulation .07 amended effective October 8, 2007 (34:20 Md. R. 1736)
Regulation .07A amended effective January 2, 1994 (20:26 Md. R. 2027); August 25, 1997 (24:17 Md. R. 1214)
Regulation .07B amended effective August 17, 1992 (19:16 Md. R. 1474); January 2, 1994 (20:26 Md. R. 2027); June 15, 2009 (36:12 Md. R. 837); October 19, 2009 (36:21 Md. R. 1591)
Regulation .07C amended effective August 17, 1992 (19:16 Md. R. 1474)
Regulation .07D amended effective February 19, 2001 (28:3 Md. R. 205)
Regulation .07E amended effective July 9, 1990 (17:13 Md. R. 1610)
Regulation .07G amended effective January 17, 2005 (32:1 Md. R. 27)
Regulation .07H amended effective July 9, 1990 (17:13 Md. R. 1610); June 15, 2009 (36:12 Md. R. 837)