Md. Code Regs. 10.29.19.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.29.19.07 - Cremation Authorization

A. Except as otherwise provided in COMAR 10.29.18.02, a permit holder may not cremate human remains until:

(1) The body has been identified as required under Health Occupation Article, §7-411, Annotated Code of Maryland;

(2) The permit holder crematory has received:

(a) A cremation authorization on a form approved by the Board 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 cremated.

B. The cremation authorization form shall:

(1) Be provided by the permit holder 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 authorizing agent and the relationship between the authorizing agent and the deceased;

(d) Authorization for the permit holder to cremate the human remains;

(e) Authorization to verify that the following have been removed before cremation:

(i) An implanted pacemaker or defibrillator; and

(ii) Any other materials that should be removed to prevent harm to the public health or damage to equipment;

(f) A representation by the authorizing agent that radiologic implant treatment has not occurred within 5 days before cremation;

(g) 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;

(h) The name and address of the person authorized to claim the cremated human remains from the permit holder or to accept the cremated remains via the current mailing standard approved by the U.S. Postal Service; and

(i) The name and address of the crematory to which the authorizing agent has given permission; and

(3) Be signed by the authorizing agent.

C. If an authorizing agent is not readily available to execute the cremation authorization form, the authorizing agent may transmit the document in writing with notary seal electronically:

(1) In writing; or

(2) If located outside the area, by transmitting to the permit holder:

(a) A signed statement electronically or by facsimile 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 document through U.S. Postal Service attesting to the delegation of authority.

D. Upon receipt of the written delegation document or a copy transmitted electronically or by facsimile, 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.

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 permit holder shall notify and obtain 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 permit holder 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 Board.

Md. Code Regs. 10.29.19.07

Regulation .07 amended effective 41:7 Md. R. 421, eff.4/14/2014