Md. Code Regs. 09.34.08.07

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.34.08.07 - 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 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, and signed by 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 prior to 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 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.

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.

Md. Code Regs. 09.34.08.07

Effective date: 41:6 Md. R. 378, eff.3/31/2014