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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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*sb0413*
SENATE BILL 413
J2, C2, J1 (6lr2093)
ENROLLED BILL
— Finance/Health —
Introduced by Senator Beidle
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
State Board of Morticians and Funeral Directors – Board Operations and 2
Regulation of Crematories and Reduction Facilities 3
FOR the purpose of transferring the authority to regulate certain crematories and 4
reduction facilities from the Office of Cemetery Oversight to the State Board of 5
Morticians and Funeral Directors; renaming the Board to be the State Board of 6
Morticians, Funeral Directors, and Crematories; altering the circumstances under 7
which the Governor may remove an appointed member of the Board; altering the 8
quorum of the Board; specifying that the Board may take action with a simple 9
majority vote of the quorum; and generally relating to the State Board of Morticians 10
and Funeral Directors. 11
BY repealing and reenacting, with amendments, 12
Article – Business Regulation 13
2 SENATE BILL 413
Section 5 –101, 5 –102(b), 5 –201, 5 –204(a) and (b), 5 –205(b), 5 –301, 5 –302, 5 –303, 1
5–306, 5–308, 5–310(a) and (b), 5–311(c), 5–401 through 5–403, 5–701(e) and 2
(f), 5–702(a), 5–707(f), 5–804, and 5–901 through 5–903 3
Annotated Code of Maryland 4
(2024 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Business Regulation 7
Section 5–205(a) and 5–701(a) 8
Annotated Code of Maryland 9
(2024 Replacement Volume and 2025 Supplement) 10
BY repealing 11
Article – Business Regulation 12
Section 5–803 13
Annotated Code of Maryland 14
(2024 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Courts and Judicial Proceedings 17
Section 5–642 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Health – General 22
Section 5–508(a) 23
Annotated Code of Maryland 24
(2023 Replacement Volume and 2025 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Health – General 27
Section 5–508(b), (e), (g), (j), and (k) 28
Annotated Code of Maryland 29
(2023 Replacement Volume and 2025 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Health Occupations 32
Section 7–101 and, 7–102 to be under the amended title “Title 7. Morticians, Funeral 33
Directors, and Crematories”; 7–201, 7–202(i), 7–204(a), 7–205(c), and 7–206(a) 34
through (c) to be under the amended subtitle “Subtitle 2. State Board of 35
Morticians, Funeral Directors, and Crematories”; and 7–206(b), 7–316(b)(2), 36
7–320, 7–405(a), (b), and (f), 7–409, 7–501, and 7–502, and 7–701 37
Annotated Code of Maryland 38
(2021 Replacement Volume and 2025 Supplement) 39
BY repealing and reenacting, without amendments, 40
SENATE BILL 413 3
Article – Health Occupations 1
Section 7–202(a) and 7–206(a) and (c) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2025 Supplement) 4
BY adding to 5
Article – Health Occupations 6
Section 7–204(e); 7–3A–01 through 7–3A–12 7–3A–10 to be under the new subtitle 7
“Subtitle 3A. Registration”; 7 –3B–01 through 7 –3B–09 to be under the new 8
subtitle “Subtitle 3B. Permits and Statement Filings ”; and 7 –409.1, 7–412, 9
and 7–501.1, and 7–510 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Business Regulation 15
5–101. 16
(a) In this title the following words have the meanings indicated. 17
(b) [“Alkaline hydrolysis” means the process of reducing human remains using 18
water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition. 19
(c)] “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 20
Article. 21
[(d)] (C) (1) “Burial goods” means goods that are used in connection with 22
burial. 23
(2) “Burial goods” includes: 24
(i) a casket; 25
(ii) a grave liner; 26
(iii) a memorial; 27
(iv) a monument; 28
(v) a scroll; 29
(vi) an urn; 30
4 SENATE BILL 413
(vii) a vase; and 1
(viii) a vault. 2
[(e)] (D) “Burial goods business” means a business that provides burial goods. 3
[(f)] (E) (1) “Cemetery” means land used or to be used for interment. 4
(2) “Cemetery” includes a structure used or to be used for interment. 5
[(g)] (F) “Cremation” means the disposition of a dead human body by means of 6
incineration. 7
[(h)] (G) “Crematory” means a building, portion of a building, or structure that 8
houses the necessary appliances and facilities for cremation or alkaline hydrolysis. 9
[(i)] (H) “Director” means the Director of the Office of Cemetery Oversight. 10
[(j)] (I) “Engage in the operation of a cemetery” means owning, controlling, or 11
managing a cemetery, including performing activities necessary for: 12
(1) the establishment, improvement, care, preservation, or embellishment 13
of a cemetery; 14
(2) interment; and 15
(3) the providing of burial space or burial goods. 16
[(k) (1) “Engage in the operation of a crematory” means controlli ng or 17
managing a crematory. 18
(2) “Engage in the operation of a crematory” does not include: 19
(i) the practice of funeral direction or the practice of mortuary 20
science; or 21
(ii) 1. assistance in making decisions and filling out forms that 22
are not directly related to cremation; 23
2. obtaining vital statistics, signatures, and other 24
information necessary to complete a death certificate; 25
3. transportation of a body to the place of disposition; or 26
4. any other services regarding the disposition of a body that 27
are not directly related to cremation. 28
SENATE BILL 413 5
(l) (1) “Engage in the operation of a reduction facility” means controlling or 1
managing a reduction facility. 2
(2) “Engage in the operation of a reduction facility” does not include: 3
(i) the practice of funeral direction or the practice of mortuary 4
science; or 5
(ii) 1. assistance in making decisions and filling out forms that 6
are not directly related to natural organic reduction; 7
2. obtaining vital statistics, signatures, and other 8
information necessary to complete a death certificate; 9
3. transportation of a body to the place of disposition; or 10
4. any other services regarding the disposition of a body that 11
are not directly related to natural organic reduction.] 12
[(m)] (J) “Funeral establishment” means a building, structure, or premises from 13
which the business of funeral directing or embalming is conducted. 14
[(n)] (K) (1) “Human remains” means: 15
(i) the body of a deceased person; or 16
(ii) a part of a body or lim b that has been removed from a living 17
person. 18
(2) “Human remains” includes the body or part of a body or limb in any 19
state of decomposition. 20
(3) “Human remains” does not include soil remains produced after the 21
completion of natural organic reduction. 22
[(o) “Hydrolyzed remains” means the bone fragments produced by the completion 23
of alkaline hydrolysis.] 24
[(p)] (L) “Interment” means all final disposition of human remains or pet 25
remains, including: 26
(1) earth burial; 27
(2) mausoleum entombment; and 28
6 SENATE BILL 413
(3) niche or columbarium interment. 1
[(q)] (M) “Natural organic reduction” means the contained accelerated 2
conversion of human remains into soil. 3
[(r)] (N) “Office” means the Office of Cemetery Oversight. 4
[(s)] (O) “Permit” means a permit issued by the Director to allow a partnership, 5
limited liability company, or corporation to operate a business through which a registrant 6
may: 7
(1) engage in the operation of a cemetery [or crematory]; or 8
(2) provide burial goods. 9
[(t)] (P) (1) “Pet remains” means the body of a deceased animal that was kept 10
as a pet. 11
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 12
state of decomposition or the body of a pet after having been cremated. 13
[(u)] (Q) (1) “Preneed goods” means burial goods that are sold before the 14
buyer’s death. 15
(2) “Preneed goods” does not include burial space. 16
[(v)] (R) “Provide burial goods” means a retail transaction: 17
(1) to erect, service, or inscribe burial memorials; or 18
(2) to sell burial goods. 19
[(w) “Reduction facility” means a building, portion of a building, or structure that 20
houses the necessary appliances, containers, and facilities for performing natural organic 21
reduction.] 22
[(x)] (S) “Registered cemeterian” means an individual registered to operate a 23
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 24
[(y) “Registered crematory operator” means an individual registered to operate a 25
crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 26
(z) “Registered reduction operator” means an individual registered to operate a 27
reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit holder.] 28
SENATE BILL 413 7
[(aa)] (T) “Registered seller” means an individual regis tered to provide burial 1
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 2
[(bb)] (U) “Registration” means a registration issued by the Director authorizing 3
an individual to operate a cemetery [, to operate a crematory, to operate a reduction 4
facility,] or to provide burial goods. 5
[(cc)] (V) “Responsible party” means a sole proprietor or the individual 6
designated by a partnership, limited liability company, or corporation to be responsible for 7
the operations of a cemetery[, crematory, reduction facility,] or burial goods business. 8
[(dd) “Soil remains” means the soil produced at final disposition of a dead human 9
body at a reduction facility by completion of natural organic reduction.] 10
5–102. 11
(b) This title does not apply to: 12
(1) the operation of a funeral establishment, including the sale of burial 13
goods in the ordinary course of the funeral establishment’s business; 14
[(2) the operation or ownership of a crematory in which a person who is 15
licensed and regulated under Title 7 of the Health Occupations Article owns a greater 16
percentage of the crematory than a registered cemeterian, registered seller, or holder of a 17
permit for the operation of a cemetery or burial goods business;] 18
[(3)] (2) the operation or ownership of a crematory [or], incinerator [at a 19
licensed medical facility or educational institution], OR REDUCTION FACILITY; 20
[(4)] (3) a licensed funeral director acting within the scope of the funeral 21
director’s license; or 22
[(5)] (4) a mortician acting within the scope of the mortician’s license. 23
5–201. 24
(a) There is an Office of Cemetery Oversight in the Department. 25
(b) The Office exercises its rights, powers, and duties subject to the authority of 26
the Secretary. 27
(c) (1) The Secretary shall appoi nt an Advisory Council on Cemetery 28
Operations. 29
(2) The Advisory Council consists of [12] 11 members. 30
8 SENATE BILL 413
(3) Of the [12] 11 members of the Advisory Council: 1
(i) three shall be registered cemeterians representing the for–profit 2
cemetery industry; 3
(ii) one shall be a registered cemeterian representing a nonprofit 4
cemetery; 5
(iii) one shall be a registered seller from a monument company; 6
(iv) one shall be a representative from a religious cemetery; AND 7
(v) [one shall be a representative from a crematory; and 8
(vi)] five shall be consumer members. 9
(4) The Advisory Council shall be convened at least four times a year to 10
give advice to the Secretary and the Director. 11
(5) In addition to the required meetings, the Advisory Council may meet as 12
necessary. 13
(d) The term of a member is 3 years. 14
5–204. 15
(a) [(1)] With the advice of the Advisory Council and after consultation with 16
representatives of the cemetery industry, the Director shall adopt: 17
[(i)] (1) rules and regulations to carry out this title; and 18
[(ii)] (2) a code of ethics for engaging in the operation of a 19
cemetery[, crematory, or reduction facility] or providing burial goods. 20
[(2) In conjunction with the State Board of Morticians and Funeral 21
Directors, the Director shall: 22
(i) establish a process for regulating crematories and reduction 23
facilities that provides for: 24
1. registration of crematory operators and reduction facility 25
operators or issuance of permits for operating crematories and reduction facilities, and 26
renewal; 27
SENATE BILL 413 9
2. applications, including certification of ownership and 1
identification of individuals who will perform alkaline hydrolysis, cremation, or natural 2
organic reduction; 3
3. registration and permit fees; 4
4. inspections and oversight; 5
5. grounds for discipline and penalties; and 6
6. complaints and hearings; and 7
(ii) adopt regulations that are identical to regulations adopted by the 8
State Board of Morticians and Funeral Directors to: 9
1. implement item (i) of this paragraph; and 10
2. ensure public health and safety. 11
(3) The Director shall adopt regulations that: 12
(i) require a registered reduction operator to notify the authorizing 13
agent in writing and before initiating natural organic reduction tha t a person who uses or 14
disposes of soil remains is in violation of § 5–514 of the Health – General Article; 15
(ii) require a reduction facility to monitor and record written 16
verification that the temperature during each instance of a natural organic redu ction 17
process attains a specified minimum internal equipment temperature for a specified 18
minimum period of time; 19
(iii) establish appropriate standards for training and experience for 20
the registration of reduction operators; 21
(iv) prohibit the use of natural organic reduction in any instance in 22
which the human remains are known, or reasonably suspected, to be embalmed or to have 23
an infection, disease, or biological condition that renders the process of natural organic 24
reduction or the resulting soil remains unreasonably unsafe, including: 25
1. Creutzfeldt–Jakob disease or other prion disease; 26
2. Ebola virus infection; 27
3. Mycobacterium tuberculosis infection; 28
4. the presence of diagnostic or therapeutic radioisotopes; or 29
10 SENATE BILL 413
5. any ot her infection, disease, or biological condition 1
identified by the Director based on the reasonable recommendation of a federal, State, or 2
local health authority; 3
(v) establish a mandatory contamination testing program for 4
reduction facilities to ensure the safety of soil remains produced, including the following 5
minimum program elements: 6
1. collecting routine material samples from soil remains for 7
analysis using: 8
A. a reliable sampling methodology; and 9
B. an appropriate frequency of sampling, as recommended or 10
approved by the U.S. Composting Council or another reliable scientific advisory authority; 11
2. recording and retaining the results of an analysis of 12
samples from the soil remains conducted by an independent third –party laboratory to 13
identify the presence of heavy metals or microbial pathogens according to the appropriate 14
contamination parameters for biosolids specified by the U.S. Environmental Protection 15
Agency under Title 40 C.F.R. Part 503, Chapter I, Subchapter O; 16
3. conducting an analysis for each production of soil remains 17
to ensure that the soil remains contain less than 0.01 mg/kg dry weight of specific physical 18
contaminants, which may include intact bone, dental fillings, and medical implants; 19
4. ensuring that no soil remains are released until the soil 20
remains comply with each of the applicable contamination testing parameters; and 21
5. periodic reporting of testing results to appropriate State 22
and local health authorities that have requested the results; and 23
(vi) establish any other reasonable prohibition, rule, or requirement 24
the Director determines is necessary to protect the public health and safety during the 25
process of natural organic reduction.] 26
(b) [Upon] ON receipt of a written complaint, or at the discretion of the Director, 27
the Director or the Director’s designee may conduct an investigation and an inspection of 28
the records and site of a registered cemeterian, [registered crematory operator, registered 29
reduction operator, ] registered seller, per mit holder, or any other person subject to the 30
registration or permit provisions of this title. 31
5–205. 32
(a) There is a Cemetery Oversight Fund. 33
SENATE BILL 413 11
(b) (1) [(i)] By regulation, the Director shall establish reasonable fees and a 1
fee schedule for the issuance and renewal of registrations and permits. 2
[(ii) The Director may not assess a crematory a per –occurrence 3
cremation fee.] 4
(2) In establishing the fees, the Director shall consider: 5
(I) the size of the business[,]; 6
(II) whether the business is for–profit or designated as tax exempt 7
under § 501(c) of the Internal Revenue Code[,]; 8
(III) the volume of business conducted[,]; and 9
(IV) the type of services provided, including the percentage of preneed 10
contracts written. 11
5–301. 12
An individual shall register with the Office before: 13
(1) engaging in the operation of a cemetery [, crematory, or reduction 14
facility] in this State; or 15
(2) providing burial goods in this State. 16
5–302. 17
(a) In order to register, an applicant shall meet the requirements of this section. 18
(b) The applicant must be at least 18 years old. 19
(c) The applicant must be of good character and reputation. 20
(d) The applicant must be affiliated with a cemetery [, crematory, reduction 21
facility,] or burial goods business operated by a registrant or permit holder. 22
(e) The cemetery[, crematory, reduction facility, ] or burial goods business with 23
which the applicant is affiliated must be financially stable in accordance with § 5 –304 of 24
this subtitle. 25
5–303. 26
(a) An applicant shall register by: 27
12 SENATE BILL 413
(1) submitting to the Director an application on the form that the Director 1
provides; and 2
(2) paying a nonrefundable application fee set by the Director. 3
(b) The application shall state: 4
(1) the name, date of birth, and residential address of the applicant; 5
(2) the name and fixed address of the affiliated cemetery [, crematory,] or 6
burial goods business; 7
(3) whether the cemetery [, crematory, reduction facility, ] or burial goods 8
business with which the applicant is af filiated is owned or controlled by a sole proprietor, 9
partnership, limited liability company, or corporation; 10
(4) if the applicant is designated as the responsible party, the name and 11
residential address of each employee who sells burial space, goods, or services to the public 12
for the business while engaging in the operation of a cemetery [, crematory, reduction 13
facility,] or burial goods business; and 14
(5) any other reasonable information that the Director determines is 15
necessary to carry out this title. 16
5–306. 17
(a) While a registration is in effect, it authorizes the registrant to engage in the 18
operation of a cemetery[, crematory, reduction facility,] or burial goods business. 19
(b) This title does not limit the right of a person to practice funeral direction or 20
mortuary science[, or operate a crematory,] if the person is licensed or otherwise authorized 21
under Title 7 of the Health Occupations Article. 22
5–308. 23
Within 1 week after the effective date of the change, the applicant designated as the 24
responsible party or the registered responsible party shall submit to the Director an 25
application form that shows a change in the: 26
(1) cemetery[, crematory, reduction facility,] or burial goods business with 27
which a registrant is affiliated; 28
(2) individual designated as the responsible party; 29
SENATE BILL 413 13
(3) employees of the business who engage in the sale of burial space, goods, 1
or services [or cremation] to the public; 2
(4) officers, directors, members, or agents of the permit holder; or 3
(5) name or address of the registrant or permit holder. 4
5–310. 5
(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may 6
deny a registration or permit to an applicant, reprimand a person subject to the registration 7
or permit provisions of this ti tle, or suspend or revoke a registration or permit if an 8
applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner 9
of the applicant, registrant, or permit holder: 10
(1) fraudulently or deceptively obtains or attempts to obtain a registration 11
or permit; 12
(2) fraudulently or deceptively uses a registration or permit; 13
(3) under the laws of the United States or of any state, is convicted of a: 14
(i) felony; or 15
(ii) misdemeanor that is directly related to the fitne ss and 16
qualifications of the applicant, registrant, or permit holder to own or operate a cemetery [, 17
crematory, or reduction facility] or provide burial goods; 18
(4) fails to provide or misrepresents any information required to be 19
provided under this title; 20
(5) violates this title; 21
(6) violates the code of ethics adopted by the Director; 22
(7) violates a regulation adopted under this title; 23
(8) fails to provide reasonable and adequate supervision of the operation of 24
the cemetery[, crematory, or reduction facility] or the provision of burial goods by agents, 25
employees, officers, directors, or partners affiliated with a cemetery[, crematory, reduction 26
facility,] or burial goods business; 27
(9) refuses to allow an inspection required by this title; 28
(10) fails to comply with an order of the Director; 29
14 SENATE BILL 413
(11) fails to comply with any terms of settlement under a binding arbitration 1
agreement; 2
(12) is found guilty by a court in this State of violating an unfair, ABUSIVE, 3
or deceptive trade practices provision under Title 13 of the Commercial Law Article; or 4
(13) fails to comply with § 5–513 of the Health – General Article. 5
(b) (1) If a person is charged with a violation of this title that could result in 6
suspension or revocation of a registrat ion or permit, the Director may seek an immediate 7
restraining order in a circuit court in this State to prohibit the person from engaging in the 8
operation of any cemetery[, crematory, reduction facility,] or burial goods business. 9
(2) The restraining order is in effect until: 10
(i) the court lifts the order; or 11
(ii) the charges are adjudicated or dismissed. 12
5–311. 13
(c) (1) The Director or the Director’s designee shall review each complaint and 14
shall attempt to negotiate a settlement of the complaint between the complainant and the 15
registrant, permit holder, or any other person subject to the registration or permit 16
provisions of this title. 17
(2) Notwithstanding § 5 –102 of this title, the Director or the Director’s 18
designee may receive and attempt to negotiate a settlement to resolve complaints 19
concerning persons required to file statements under § 5–405 of this title and in connection 20
with the operation of a cemetery [or crematory] or the sale of preneed goods. 21
(3) The Director may not take any actions described in subsection (d)(1) 22
and (2) of this section for complaints involving persons exempt under § 5–102 of this title. 23
5–401. 24
(a) Subject to the provisions of this section, a registered cemeterian [, registered 25
crematory operator, registered reduction operator,] or registered seller may engage in the 26
operation of a cemetery[, crematory, reduction facility,] or burial goods business as a sole 27
proprietor or through: 28
(1) a corporation as an officer, director, employee, or agent of t he 29
corporation; 30
(2) a limited liability company as a member, employee, or agent of the 31
limited liability company; or 32
SENATE BILL 413 15
(3) a partnership as a partner, employee, or agent of the partnership. 1
(b) Subject to the provisions of this title, a corporation, limited liability company, 2
or partnership may engage in the operation of a cemetery [, crematory, reduction facility,] 3
or burial goods business through a registered cemeterian [, registered crematory operator, 4
registered reduction operator,] or registered seller. 5
(c) (1) A registered cemeterian who engages in the operation of a cemetery 6
through a corporation, limited liability company, or partnership under this title is subject 7
to all of the provisions of this title that relate to engaging in the operation of a cemetery. 8
(2) [A registered crematory operator who engages in the operation of a 9
crematory through a corporation, limited liability company, or partnership under this title 10
is subject to all of the provisions of this title that rel ate to engaging in the operation of a 11
crematory. 12
(3) A registered reduction operator who engages in the operation of a 13
reduction facility through a corporation, limited liability company, or partnership under 14
this title is subject to all the provisions of this title that relate to engaging in the operation 15
of a reduction facility. 16
(4)] A registered seller who engages in the operation of a burial goods 17
business through a corporation, limited liability company, or partnership under this title is 18
subject to all of the provisions of this title that relate to providing burial goods services. 19
(d) (1) A corporation, limited liability company, or partnership that engages in 20
the operation of a cemetery[, crematory, reduction facility,] or burial goods business under 21
this title is not, by its compliance with this title, relieved of any responsibility that the 22
corporation, limited liability company, or partnership may have for an act or an omission 23
by its officer, director, member, partner, employee, or agent. 24
(2) An individual who engages in the operation of a cemetery [, crematory, 25
reduction facility, ] or burial goods business through a corporation, limited liability 26
company, or partnership is not, by reason of the individual’s employment or other 27
relationship with the corporation, limited liability company, or partnership, relieved of any 28
individual responsibility that the individual may have regarding that practice. 29
5–402. 30
A corporation, limited liability company, or partnership shall obtain a permit issued 31
by the Director, before the corporation, limited liability company, or partnership may 32
engage in the operation of a cemetery [, crematory, reduction facility, ] or burial goods 33
business in the State. 34
5–403. 35
16 SENATE BILL 413
To qualify for a permit, a corporation, limited liability company, or partnership shall: 1
(1) designate a separate registered cemeterian [, registered crematory 2
operator, registered reduction operator, ] or registered seller as the responsible party for 3
the operations of each affiliated cemetery [, crematory, reduction facility, ] or burial goods 4
business; 5
(2) provide the name and business address of each affiliated cemetery [, 6
crematory, reduction facility,] or burial goods business; 7
(3) provide a list of the officers, directors, members, par tners, agents, and 8
employees of the entity applying for the permit; and 9
(4) comply with §§ 5–303(b)(4) and 5–304 of this title. 10
5–701. 11
(a) In this subtitle the following words have the meanings indicated. 12
(e) (1) “Preneed services” means services that are sold: 13
(i) before the buyer’s death; and 14
(ii) in connection with burial [or cremation]. 15
(2) “Preneed services” includes opening and closing a grave. 16
(f) “Seller” means a registered cemeterian, [registered crematory operator, ] 17
registered seller, or any other person who sells preneed goods or preneed services. 18
5–702. 19
(a) This subtitle does not apply to: 20
(1) the sale of burial space; 21
(2) a preneed contract made by an individual in connection with: 22
(I) practicing funeral direction or practicing mortuary science, as 23
those practices are defined in and regulated by the Health Occupations Article; OR 24
(II) THE OPERATION OF A CREMATORY OR REDUCTION FACILITY 25
SUBJECT TO REGULATION UNDER THE HEALTH OCCUPATIONS ARTICLE; or 26
SENATE BILL 413 17
(3) the preneed sale of burial goods or services by a private family cemetery 1
that does not conduct public sales of burial goods or services. 2
5–707. 3
(f) A trustee may not use any preneed trust funds required to be held in trust in 4
accordance with this subtitle to: 5
(1) purchase an interest in any contract or agreement to which the 6
registrant, the permit holder, or any other person subject to the trust requirements of this 7
subtitle, or any entity owned or under the control of a registrant, a permit holde r, or any 8
other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or 9
sibling of a registrant or any other person subject to the trust requirements of this subtitle 10
is a party; or 11
(2) make any loan or direct or indirect investment of any kind: 12
(i) to any registrant, permit holder, or any other person subject to 13
the trust requirements of this subtitle or to any spouse, child, parent, or sibling of a 14
registrant or any other person subject to the trust requirements of this subtitle; 15
(ii) to or in any entity or business operations owned or under the 16
control of a registrant, a permit holder, or any other person subject to the trust 17
requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any 18
other person subject to the trust requirements of this subtitle; 19
(iii) on or in any real property of a cemetery [or a crematory] or the 20
buildings or structures appurtenant to the property; or 21
(iv) in any permanent improvements of a cemetery, [a crematory,] 22
the facilities of a cemetery [or crematory], or the buildings or structures appurtenant to a 23
cemetery [or crematory]. 24
[5–803. 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried 27
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 28
21 became permanently incapable of self–support because of physical or mental disability. 29
(3) (i) “Identifying information” means data required by a veterans 30
service organization to verify the eligibility of a veteran or an eligible dependent for burial 31
in a national or state veterans cemetery. 32
18 SENATE BILL 413
(ii) “Identifying information” includes name, service number, Social 1
Security number, date of birth, date of death, place of birth, and copy of the death 2
certificate. 3
(4) “Veterans service organization” means an association or other entity 4
organized for the benefit of veterans that has b een recognized by the U.S. Department of 5
Veterans Affairs or chartered by Congress and any employee or representative of the 6
association or entity. 7
(b) (1) If a licensed funeral establishment or a crematory is in possession of 8
cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or 9
more, the licensed funeral establishment or holder of the permit for the business of 10
operating a crematory shall provide identifying information of the unclaimed cremains or 11
hydrolyzed remains to a veterans service organization in order for the veterans service 12
organization to determine if the unclaimed cremains or hydrolyzed remains are those of a 13
veteran or an eligible dependent. 14
(2) (i) Subparagraph (ii) of this paragraph does not apply if: 15
1. an authorizing agent directs otherwise; or 16
2. a reduction facility reasonably concludes based on the 17
identifying information or other evidence that a decedent does not qualify for disposition 18
benefits associated with veterans status. 19
(ii) A r eduction facility in possession of human remains that are 20
being processed by natural organic reduction shall provide identifying information to a 21
veterans service organization within 5 business days after natural organic reduction is 22
initiated to determine if the soil remains are those of a veteran or an eligible dependent. 23
(c) Within 45 days after receipt of the information required by subsection (b) of 24
this section, the veterans service organization shall notify the licensed funeral 25
establishment, permit holder, or reduction facility: 26
(1) whether the cremains, hydrolyzed remains, or soil remains are those of 27
a veteran or an eligible dependent; and 28
(2) if so, whether the veteran or eligible dependent is eligible for burial in 29
a veterans cemetery. 30
(d) If the unclaimed cremains or hydrolyzed remains are those of a veteran or an 31
eligible dependent, the licensed funeral establishment or permit holder may transfer the 32
cremains to a veterans service organization for the purpose of disposition of the crem ains 33
or hydrolyzed remains. 34
(e) If the unclaimed soil remains are those of a veteran or an eligible dependent, 35
the reduction facility may: 36
SENATE BILL 413 19
(1) transfer a portion of the soil remains not exceeding 300 cubic inches in 1
volume to a veterans service organi zation that grants permission for the purpose of 2
disposition; and 3
(2) if authorized by the cemetery or owner, transfer the balance of soil 4
remains to a cemetery or the owner of a woodland protected under the Forest Conservation 5
Act. 6
(f) If a veterans service organization does not take possession of unclaimed 7
cremains or hydrolyzed remains that qualify for a plot in a State veterans cemetery under 8
§ 9 –906 of the State Government Article, within 10 days after the licensed funeral 9
establishment or permit holder receives the notification required under subsection (c) of 10
this section, the licensed funeral establishment or permit holder shall: 11
(1) notify the Department of Veterans and Military Families of the status 12
of the cremains or hydrolyzed remains for the purpose of the appropriate disposition of the 13
cremains or hydrolyzed remains; and 14
(2) transfer the cremains or hydrolyzed remains to the Department of 15
Veterans and Military Families for the purpose of the appropriate disposition of the 16
cremains or hydrolyzed remains. 17
(g) If a veterans service organization does not take possession of a portion of 18
unclaimed soil remains under subsection (e)(1) of this section that qualifies for a plot in a 19
State veterans cemetery under § 9 –906 of the State Governme nt Article, within 10 days 20
after the reduction facility receives the notification, the reduction facility shall: 21
(1) notify the Department of Veterans and Military Families of the status 22
of the soil remains for the purpose of the appropriate disposition of the soil remains; 23
(2) transfer the soil remains to the Department of Veterans and Military 24
Families for the purpose of the appropriate disposition of the soil remains; and 25
(3) if authorized by the cemetery or owner, transfer the balance of the so il 26
remains to a cemetery or the owner of a woodland protected under the Forest Conservation 27
Act.] 28
5–804. 29
(a) In this section, “perpetual care” has the meaning stated in § 5–601 of this title. 30
(b) A registered cemeterian [, registered crematory operator,] or permit holder 31
that engages in the operation of a cemetery[, crematory,] or burial goods business who sells 32
or offers to sell to the public [cremation services, ] a burial lot [,] or a burial right in a 33
20 SENATE BILL 413
cemetery for pet remains as to which perpe tual care is stated or implied owes a duty of 1
perpetual care for the cemetery in which the pet remains are interred. 2
(c) The Director shall adopt regulations in accordance with § 5–204(a) of this title 3
to enforce the requirements of this section. 4
5–901. 5
(a) Except as otherwise provided in this title, an individual may not engage in 6
cemetery operations, attempt to engage in cemetery operations, or provide or offer to 7
provide burial space, goods, and services unless the individual is authorized as a registrant. 8
(b) Except as otherwise provided in this title, an individual may not engage in a 9
burial goods business or attempt to provide burial goods unless the individual is authorized 10
as a registrant. 11
[(c) Except as otherwise provided in this title, an individual may not engage in the 12
operation of a crematory, attempt to engage in the operation of a crematory, or provide or 13
offer to provide cremation services unless the individual is authorized as a registrant. 14
(d) Except as otherwise provided in this title, an individual may not engage in the 15
operation of a reduction facility, attempt to engage in the operation of a reduction facility, 16
or provide or offer to provide natural organic reduction unless the individual is a registered 17
reduction operator.] 18
5–902. 19
Except for a registered cemeterian [, registered crematory operator, registered 20
reduction operator,] or registered seller who operates a business as a sole proprietor or a 21
registrant employed by a sole proprietor, a person may not engage in the oper ation of a 22
cemetery[, crematory, reduction facility,] or burial goods business unless: 23
(1) the business is a corporation, limited liability company, or partnership; 24
and 25
(2) the corporation, limited liability company, or partnership holds a 26
permit issued under this title. 27
5–903. 28
Unless a person is authorized as a registrant, a person may not represent to the 29
public, by use of a title, including cemeterian, registered cemeterian, [crematory operator, 30
registered crematory operator, registered reduction operator, ] burial goods seller, or 31
registered seller, by description of services, methods, or procedures, or otherwise, that the 32
person is authorized to engage in the operation of a cemetery [, crematory, or reduction 33
facility] or provide burial goods. 34
SENATE BILL 413 21
Article – Courts and Judicial Proceedings 1
5–642. 2
(a) In this section, “veteran” has the meaning stated in § 9 –901 of the State 3
Government Article. 4
(b) A licensed funeral establishment or holder of a permit to engage in the 5
business of a crematory who acts in good faith is not civilly liable for transferring the 6
unclaimed cremated remains of a veteran or an eligible dependent of a veteran to a veterans 7
service organization for purposes of disposition as provided in [§ 5–803 of the Business 8
Regulation Article and] § 7–406 of the Health Occupations Article. 9
(c) A veterans service organization that acts in good faith is not civilly liable for 10
receiving the unclaimed cremated remains of a veteran or an eligible dependent of a veteran 11
for purposes of disposition as provided in [§ 5–803 of the Business Regulation Article and] 12
§ 7–406 of the Health Occupations Article. 13
Article – Health – General 14
5–508. 15
(a) In this subtitle the following words have the meanings indicated. 16
(b) “Alkaline hydrolysis” has the meaning stated in [§ 5 –101 of the Business 17
Regulation] § 7–101 OF THE HEALTH OCCUPATIONS Article. 18
(e) “Crematory” has the meaning stated in [§ 5–101 of the Business Regulation] 19
§ 7–101 OF THE HEALTH OCCUPATIONS Article. 20
(g) “Natural organic reduction” has the meaning stated in [§ 5 –101 of the 21
Business Regulation] § 7–101 OF THE HEALTH OCCUPATIONS Article. 22
(j) “Reduction facility” has the meaning state d in [§ 5 –101 of the Business 23
Regulation] § 7–101 OF THE HEALTH OCCUPATIONS Article. 24
(k) “Soil remains” has the meaning stated in [§ 5–101 of the Business Regulation] 25
§ 7–101 OF THE HEALTH OCCUPATIONS Article. 26
Article – Health Occupations 27
Title 7. Morticians [and], Funeral Directors, AND CREMATORIES. 28
7–101. 29
22 SENATE BILL 413
(a) In this title the following words have the meanings indicated. 1
(a–1) “Alkaline hydrolysis” [has the meaning stated in § 5 –101 of the Business 2
Regulation Article ] MEANS THE PROCE SS OF REDUCING HUMAN REMAINS USING 3
WATER, ALKALINE CHEMICALS , AND HEAT INSIDE A WA TERTIGHT VESSEL TO 4
ACCELERATE DECOMPOSITION. 5
(b) “Apprentice” means an individual licensed by the Board who assists a licensed 6
mortician or funeral director in the practice of mortuary science or funeral direction, under 7
direct supervision of a licensed mortician or funeral director. 8
(c) “Apprentice sponsor” means an individual who: 9
(1) Is a licensed mortician or funeral director whose license is in good 10
standing with the Board; 11
(2) Has practiced mortuary science as a licensed mortician or funeral 12
director in Maryland at least 1 year immediately prior to accepting the applicant as an 13
apprentice; and 14
(3) Provides direct supervision to an apprentice. 15
(c–1) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 16
Article. 17
(d) “Board” means the State Board of Morticians [and], Funeral Directors, AND 18
CREMATORIES. 19
(e) (1) “Business of operating a crematory” means controlling or managing a 20
crematory. 21
(2) “Business of operating a crematory” does not include: 22
(i) The practice of funeral direction or the practice of mortuary 23
science; or 24
(ii) 1. Assistance in making decisions and filling out forms that 25
are not directly related to cremation; 26
2. Obtaining vital statistics, signatures, and other 27
information necessary to complete a death certificate; 28
3. Transportation of a body to the place of disposition; or 29
4. Any other services regarding the disposition of a body that 30
are not directly related to cremation. 31
SENATE BILL 413 23
(f) (1) “Corporation” means a mortuary science business whose articles of 1
incorporation are in good standing with the Maryland State Department of Assessments 2
and Taxation, or its successor, the initial business for which the license is issued must have 3
been incorporated on or before June 1, 1945 and have “Incorporated”, “Inc.”, or 4
“Corporation” in its name. 5
(2) “Corporation” does not include, for purposes of issuing a corporation 6
license, a “professional association” (P.A.) or a “professional corporation” (P.C.). 7
(g) “Courtesy card” means a license issued by the Board to licensed practitioners 8
of mortuary science in other states, to make a removal of a dead human body in this State 9
and to return the body to another state or country, to return dead bodies from another state 10
or country to this State, to fill out the family history portion of the death certificate, and to 11
sign the death certificate in the holder’s capacity as a licensed practitioner of mortuary 12
science. 13
(h) “Cremation” means disposition of a dead human body by means of 14
incineration. 15
(i) “Crematory” means a building, portion of a building, or structure that houses 16
the necessary appliances and facilities for cremation or alkaline hydrolysis. 17
(J) (1) “ENGAGE IN THE OPERATI ON OF A CREMATORY ” MEANS 18
CONTROLLING OR MANAGING A CREMATORY. 19
(2) “ENGAGE IN THE OPERATION OF A CREMATORY” INCLUDES: 20
(I) PROVIDING BURIAL GOODS AS DEFINED IN § 5–101 OF THE 21
BUSINESS REGULATION ARTICLE; AND 22
(II) SELLING PRE–NEED GOODS. 23
(3) “ENGAGE IN THE OPERATI ON OF A CREMATORY ” DOES NOT 24
INCLUDE: 25
(I) THE PRACTICE OF FUNERAL DIRECTION OR THE PRACTICE 26
OF MORTUARY SCIENCE; OR 27
(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLING OUT 28
FORMS THAT ARE NOT DIRECTLY RELATED TO CREMATION; 29
2. OBTAINING VITAL STATI STICS, SIGNATURES, AND 30
OTHER INFORMATION NECESSARY TO COMPLETE A DEATH CERTIFICATE; 31
24 SENATE BILL 413
3. TRANSPORTATION OF A B ODY TO THE PLACE OF 1
DISPOSITION; OR 2
4. ANY OTHER SERVICES REGARDING THE DISPOSITION 3
OF A BODY THAT ARE NOT DIRECTLY RELATED TO CREMATION. 4
(K) (1) “ENGAGE IN THE OPERATION OF A REDUCTION FACILITY” MEANS 5
CONTROLLING OR MANAGING A REDUCTION FACILITY. 6
(2) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” 7
INCLUDES: 8
(I) PROVIDING BURIAL GOODS AS DEFINED IN § 5–101 OF THE 9
BUSINESS REGULATION ARTICLE; AND 10
(II) SELLING PRE–NEED GOODS. 11
(3) “ENGAGE IN THE OPERATI ON OF A REDUCTION FA CILITY” DOES 12
NOT INCLUDE: 13
(I) THE PRACTICE OF FUNERAL DIRECTION OR THE PRACTICE 14
OF MORTUARY SCIENCE; OR 15
(II) 1. ASSISTANCE IN MAKING DECISIONS AND FILLING OUT 16
FORMS THAT ARE NOT DIRECTLY RELATED TO NATURAL ORGANIC REDUCTION; 17
2. OBTAINING VITAL STATI STICS, SIGNATURES, AND 18
OTHER INFORMATION NECESSARY TO COMPLETE A DEATH CERTIFICATE; 19
3. TRANSPORTATION OF A BODY TO THE P LACE OF 20
DISPOSITION; OR 21
4. ANY OTHER SERVICES REGARDING THE DISPOSITION 22
OF A BODY THAT ARE NOT DIRECTLY RELATED TO NATURAL ORGANIC REDUCTION. 23
[(j)] (L) “Funeral director” means an individual who is licensed by the Board to 24
practice all aspects of mortuary science except for embalming. 25
[(k)] (M) “Funeral establishment” means any building, structure, or premises 26
from which the business of practicing mortuary science is conducted. 27
[(l)] (N) (1) “Human remains” means: 28
(i) The body of a deceased person; or 29
SENATE BILL 413 25
(ii) A part of a body or limb that has been removed from a living 1
person. 2
(2) “Human remains” includes the body or part of a body or limb in any 3
state of decomposition. 4
(3) “Human remains” does not include soil remai ns produced after the 5
completion of natural organic reduction. 6
[(l–1)] (O) “Hydrolyzed remains” [has the meaning stated in § 5 –101 of the 7
Business Regulation Article ] MEANS THE BONE FRAGM ENTS PRODUCED BY THE 8
COMPLETION OF ALKALINE HYDROLYSIS. 9
[(m)] (P) (1) “License” means, unless the context requires otherwise, a license 10
issued by the Board. 11
(2) “License” includes, unless otherwise indicated: 12
(i) A mortician license; 13
(ii) An apprentice license; 14
(iii) A funeral director license; 15
(iv) A surviving spouse license; 16
(v) A corporation license; 17
(vi) A funeral establishment license; and 18
(vii) A courtesy card. 19
[(n)] (Q) “Licensed apprentice” means, unless the context requires otherwise, an 20
apprentice who is licensed by the Board to assist a licensed mortician or funeral director in 21
the practice of mortuary science or funeral direction. 22
[(o)] (R) “Licensed funeral director” means, unless the context requires 23
otherwise, a funeral director who is licensed by the Board to practice funeral direction. 24
[(p)] (S) “Licensed funeral establishment” means, unless the context requires 25
otherwise, a funeral establishment that is licensed by the Board. 26
[(q)] (T) “Licensed mortician” means, unless the context requires otherwise, a 27
mortician who is licensed by the Board under this title to practice mortuary science. 28
26 SENATE BILL 413
[(r)] (U) “Licensee” means an individual or entity licensed by the Board to 1
practice mortuary science to the extent determined by the Board. 2
[(s)] (V) “Mortician” means an individual who practices mortuary science. 3
[(s–1)] (W) “Natural organic reduction” [has the meaning stated in § 5 –101 of the 4
Business Regulation Article] MEANS THE CONTAINED ACCELERATED CONVERSION OF 5
HUMAN REMAINS INTO SOIL. 6
[(t)] (X) (1) “Practice funeral direction” means: 7
(i) To operate a funeral establishment; 8
(ii) For compensation, to prepare a dead human body for disposition; 9
or 10
(iii) For compensation, to arrange for or make final disposition of a 11
dead human body. 12
(2) “Practice funeral direction” does not include: 13
(i) For compensation, disinfecting or preserving a dead human body 14
or any of its parts by arterial or cavity injection or any other type of preservation; or 15
(ii) The business of operating a crematory or reduction facility. 16
[(u)] (Y) (1) “Practice mortuary science” means: 17
(i) To operate a funeral establishment; 18
(ii) For compensation, to prepare a dead human body for disposition; 19
or 20
(iii) For compensation, to arrange for or make final disposition of a 21
dead human body. 22
(2) “Practice mortuary science” includes: 23
(i) The practice of funeral direction; and 24
(ii) Disinfecting or preserving a dead human body or any of its parts 25
by arterial or cavity injection. 26
(3) “Practice mortuary science” does not include: 27
SENATE BILL 413 27
(i) The pickup, removal, or transportation of a dead human body, if 1
the unlicensed individual is acting under the direction of a licensed mortician or funeral 2
director; or 3
(ii) The business of operating a crematory or reduction facility. 4
[(v)] (Z) “Pre–need contract” means an agreement between a consumer and a 5
licensed funeral director, licensed mortician, REGISTERED CREMATORY OPERATOR, 6
REGISTERED REDUCTION OPERATOR, or surviving spouse to provide any goods and 7
services purchased prior to the time of death [. Goods and services shall include ], 8
INCLUDING: 9
(1) A service, including any form of preservation and disposition or 10
cremation, that a mortician normally provides in the ordinary course of business; or 11
(2) Merchandise, including a casket, vault, or clothing, that a mortician 12
normally provides in the ordinary course of business. 13
(AA) (1) “PRE–NEED GOODS ” MEANS BURIAL GOODS T HAT ARE SOLD 14
BEFORE THE BUYER’S DEATH. 15
(2) “PRE–NEED GOODS” DOES NOT INCLUDE BURIAL SPACE. 16
[(v–1)] (BB) “Reduction facility” [has the meaning stated in § 5–101 of the Business 17
Regulation Article ] MEANS A BUILDING , PORTION OF A BUILDIN G, OR STRUCTURE 18
THAT HOUSES THE NECE SSARY APPLIANCES , CONTAINERS, AND FACILITIES FOR 19
PERFORMING NATURAL ORGANIC REDUCTION. 20
(CC) “REGISTERED CREMATORY OPERATOR” MEANS AN INDIVIDUAL 21
REGISTERED TO OPERATE A CREMATORY AS A SOLE PROPRIETOR OR ON BEHALF OF 22
A SOLE PROPRIETOR OR PERMIT HOLDER. 23
[(v–2)] (DD) “Registered reduction operator” [has the meaning stated in § 5 –101 of 24
the Business Regulation Article ] MEANS AN INDIVIDUAL REGISTERED TO OPERATE A 25
REDUCTION FACILITY A S A SOLE PROPRIETOR OR ON BEHALF OF A SO LE 26
PROPRIETOR OR A PERMIT HOLDER. 27
(EE) “REGISTRATION” MEANS A REGISTRATION ISSUED BY THE BOARD 28
AUTHORIZING AN INDIV IDUAL TO O PERATE A CREMATORY O R A REDUCTION 29
FACILITY. 30
(FF) “RESPONSIBLE PARTY ” MEANS A SOLE PROPRIE TOR OR THE 31
INDIVIDUAL DESIGNATE D BY A PARTNERSHIP , LIMITED LIABILITY CO MPANY, OR 32
28 SENATE BILL 413
CORPORATION TO BE RE SPONSIBLE FOR THE OP ERATIONS OF A CREMAT ORY OR 1
REDUCTION FACILITY. 2
[(v–3)] (GG) “Soil remains” [has the meaning stated in § 5 –101 of the Business 3
Regulation Article] MEANS THE SOIL PRODU CED AT FINAL DISPOSI TION OF A DEAD 4
HUMAN BODY AT A REDU CTION FACILITY BY CO MPLETION OF NATURAL ORGANIC 5
REDUCTION. 6
[(w)] (HH) “Surviving spouse” means the legal widow or widower of a licensed 7
funeral director or licensed mortician, whose license was in good standing at the time of 8
death, and who at the time of death, wholly or partly owned and operated a mortuary 9
science business. 10
7–102. 11
(a) This title does not limit the right of an individual to practice a health 12
occupation that the individual is authorized to practice under this article. 13
(b) [(1) In this subsection, “registrant or permit holder” means a person 14
regulated under Title 5 of the Business Regulation Article as a registered cemeterian, 15
registered reduction operator, registered seller, or holder of a permit to operate a cemetery, 16
reduction facility, or burial goods business. 17
(2)] This title does not apply to: 18
[(i)] (1) The business of operating a cemetery, including the sale of 19
cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults; OR 20
[(ii) The ownership of a crematory or reduction facility or the 21
business of operating a crematory or reduction facility in which: 22
1. A registrant or permit holder owns a greater percentage of 23
the crematory or reduction facility than a person licensed under this title; 24
2. Ownership is equal between a registrant or permit holder 25
and a person licensed under this title; or 26
3. Neither a registrant , permit holder, or person licensed 27
under this title has an ownership interest in the crematory or reduction facility; or 28
(iii)] (2) The ownership of a crematory or the business of operating 29
a crematory or incinerator at a licensed medical facility or educational institution. 30
Subtitle 2. State Board of Morticians [and], Funeral Directors, AND CREMATORIES. 31
SENATE BILL 413 29
7–201. 1
There is a State Board of Morticians [and], Funeral Directors, AND CREMATORIES 2
in the Department. 3
7–202. 4
(a) (1) The Board consists of 11 members. 5
(2) Of the 11 Board members: 6
(i) 6 shall be licensed morticians or licensed funeral directors; and 7
(ii) 5 shall be consumer members. 8
(3) All Board members shall be residents of the State. 9
(4) The Governor shall appoint each mem ber with the advice of the 10
Secretary, and with the advice and consent of the Senate. 11
(5) The Board may not have more than one member who is employed by or 12
affiliated with, directly or indirectly, the same corporation, professional association, or 13
other entity, that owns, directly or through a subsidiary corporation, professional 14
association, or other entity, one or more funeral homes. 15
(i) [(1)] The Governor may remove an appointed member: 16
[(i)] (1) For incompetence or misconduct; [or] 17
[(ii)] (2) Who, because of events that occur after the member’s 18
appointment or reappointment to the Board, causes the Board to be in violation of the 19
prohibition set forth in subsection (a)(5) of this section; 20
(3) FOR REPEATED AND UNEXPLAINED ABSENCES; OR 21
(4) FOR ANY JUST AND REASONABLE CAUSE. 22
[(2) Upon the recommendation of the Secretary, the Governor may remove 23
an appointed member whom the Secretary finds to have been absent from 2 successive 24
Board meetings without adequate reason.] 25
7–204. 26
(a) A majority of the [full authorized membership] THEN–SERVING APPOINTED 27
MEMBERS of the Board is a quorum to do business. 28
30 SENATE BILL 413
(E) AN ACTION MAY BE TAKE N BY A SIMPLE MAJORI TY VOTE OF THE 1
QUORUM. 2
7–205. 3
(c) [In conjunction with the Office of Cemetery Oversight, the] THE Board shall: 4
(1) Establish a process for regulating crematories and reduction facilities 5
that provides for: 6
(i) Registration of crematory operators and reduction operators or 7
issuance of permits for operating crematories and reduction facilities, and renewal; 8
(ii) Applications, including certification of ownership and 9
identification of individuals who will perform cremation, alkaline hydrolysis, or natural 10
organic reduction; 11
(iii) Registration or permit fees; 12
(iv) Inspections and oversight; 13
(v) Grounds for discipline and penalties; and 14
(vi) Complaints and hearings; and 15
(2) Adopt regulations that [are identical to regulations adopted by the 16
Director of the Office of Cemetery Oversight to]: 17
(i) Implement item (1) of this subsection; 18
(ii) Ensure public health and safety; [and 19
(iii) Meet the requirements of § 5 –204(a)(3) of the Business 20
Regulation Article]: 21
(I) (III) REQUIRE A REGISTERED REDUCTION OPERATOR T O 22
NOTIFY THE AUTHORIZI NG AGENT IN WRITING AND BEFORE INITIATIN G NATURAL 23
ORGANIC REDUCTION THAT A PERSON WHO USES OR DISPOSES OF SOIL REMAINS IS 24
IN VIOLATION OF SUBJECT TO § 5–514 OF THE HEALTH – GENERAL ARTICLE; 25
(II) (IV) REQUIRE A REDUCTION F ACILITY TO MONITOR A ND 26
RECORD WRITTEN VERIF ICATION THAT THE TEM PERATURE DURING EACH 27
INSTANCE OF A NATURA L ORGANIC REDUCTION PROCESS ATTAINS A SP ECIFIED 28
MINIMUM INTERNAL EQU IPMENT TEMPERATURE F OR A SPECIFIED MINIM UM 29
PERIOD OF TIME; 30
SENATE BILL 413 31
(III) (V) ESTABLISH APPROPRIATE STANDARDS FOR 1
TRAINING AND EXPERIENCE FOR THE REGISTRATION OF REDUCTION OPERATORS; 2
(IV) (VI) PROHIBIT THE USE OF N ATURAL ORGANIC 3
REDUCTION IN ANY INS TANCE IN WHICH THE H UMAN REMAINS ARE KNO WN, OR 4
REASONABLY SUSPECTED, TO BE EMBALMED OR TO HAVE AN INFECTION, DISEASE, 5
OR BIOLOGICAL CONDIT ION THAT RENDERS THE PROCESS OF NATURAL O RGANIC 6
REDUCTION OR THE RES ULTING SOIL REMAINS UNREASONABLY UNSAFE , 7
INCLUDING: 8
1. CREUTZFELDT–JAKOB DISEASE OR OTHE R PRION 9
DISEASE; 10
2. EBOLA VIRUS INFECTION; 11
3. MYCOBACTERIUM TUBERCULOSIS INFECTION; 12
4. THE PRESENCE OF DIAGN OSTIC OR THERAPEUTIC 13
RADIOISOTOPES; OR 14
5. ANY OTHER INFECTION , DISEASE, OR BIOLOGICAL 15
CONDITION IDENTIFIED BY THE BOARD BASED ON THE RE ASONABLE 16
RECOMMENDATION OF A FEDERAL, STATE, OR LOCAL HEALTH AUTHORITY; 17
(V) (VII) ESTABLISH A MANDATORY CONTAMINATION TESTING 18
PROGRAM FOR REDUCTION FACILITIES TO ENSU RE THE SAFETY OF SOI L REMAINS 19
PRODUCED, INCLUDING THE FOLLOWING MINIMUM PROGRAM ELEMENTS: 20
1. COLLECTING ROUTINE MA TERIAL SAMPLES FROM 21
SOIL REMAINS FOR ANALYSIS USING: 22
A. A RELIABLE SAMPLING METHODOLOGY; AND 23
B. AN APPROPRIATE FREQUE NCY OF SAMPLING , AS 24
RECOMMENDED OR APPRO VED BY THE U.S. COMPOSTING COUNCIL OR ANOTHER 25
RELIABLE SCIENTIFIC ADVISORY AUTHORITY; 26
2. RECORDING AND RETAINI NG THE RESULTS OF AN 27
ANALYSIS OF SAMPLES FROM THE SOIL REMAINS CONDUCTED BY AN INDEPENDENT 28
THIRD–PARTY LABORATORY TO IDENTIFY THE PRESENC E OF HEAVY METALS OR 29
MICROBIAL PATHOGENS ACCORDING TO THE APP ROPRIATE CONTAMINATION 30
PARAMETERS FOR BIOSO LIDS SPECIFIED BY TH E U.S. ENVIRONMENTAL 31
32 SENATE BILL 413
PROTECTION AGENCY UNDER TITLE 40 C.F.R. PART 503, CHAPTER I, 1
SUBCHAPTER O; 2
3. CONDUCTING AN ANALYSI S FOR EACH PRODUCTIO N 3
OF SOIL REMAINS TO E NSURE THAT THE SOIL REMAINS CONTAIN LESS THAN 0.01 4
MG/KG DRY WEIGHT OF SPE CIFIC PHYSICAL CONTAMINANTS, WHICH MAY INCLUDE 5
INTACT BONE, DENTAL FILLINGS, AND MEDICAL IMPLANTS; 6
4. ENSURING THAT NO SOIL REMAINS ARE RELEASED 7
UNTIL THE SOIL REMAI NS COMPLY WITH EACH OF THE APPLICABLE 8
CONTAMINATION TESTING PARAMETERS; AND 9
5. PERIODIC REPORTING OF TESTING RESULTS TO 10
APPROPRIATE STATE AND LOCAL HEALT H AUTHORITIES THAT H AVE REQUESTED 11
THE RESULTS; AND 12
(VI) (VIII) ESTABLISH ANY OTHER R EASONABLE PROHIBITION, 13
RULE, OR REQUIREMENT THE BOARD DETERMINES IS NECESSARY TO PROTECT THE 14
PUBLIC HEALTH AND SA FETY DURING THE PROC ESS OF NATURAL ORGAN IC 15
REDUCTION; AND 16
(3) ADOPT A CODE OF ETHICS FOR ENGAGING IN THE OPERATION OF 17
A CREMATORY OR REDUCTION FACILITY. 18
7–206. 19
(a) There is a State Board of M orticians [and], Funeral Directors , AND 20
CREMATORIES Fund. 21
(b) (1) The Board may set reasonable fees for its services. 22
(2) The fees charged shall be set so as to approximate the cost of 23
maintaining the Board. 24
(3) Funds to cover the compensation and expenses of the Board members 25
shall be generated by fees set under this section. 26
(4) THE BOARD MAY NOT ASSESS A CREMATORY A PER–OCCURRENCE 27
CREMATION FEE. 28
(c) (1) The Board shall pay all funds collected under this title to the 29
Comptroller of the State. 30
SENATE BILL 413 33
(2) The Comptroller shall distribute the fees to the State Board of 1
Morticians [and], Funeral Directors, AND CREMATORIES Fund. 2
7–316. 3
(b) Subject to the hearing provisions of § 7–319 of this subtitle, the Board may deny 4
a license to an applicant for a funeral establishment license, reprimand the holder of a 5
funeral establishment license, place the holder of a funeral establishment license on 6
probation, or suspend or revoke a funeral establishment license if, with the knowledge or at 7
the direction of the funeral establishment: 8
(2) An employee of the funeral establishment fails to comply with § 9
5–513(b) [and] OR (d) of the Health – General Article; or 10
7–320. 11
(a) Except as provided in this section for an action against any health care 12
professional under § 7–316 of this subtitle, any person aggrieved by a final decision of the 13
Board in a contested case, as defined in the Administrative Procedure Act, may petition for 14
judicial review as allowed by the Administrative Procedure Act. 15
(b) Any health care professional aggrieved by a final decision of the Board under 16
§ 7–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal 17
as provided in the Administrative Procedure Act. 18
[(c) If a person notes an appeal from an order of suspension or revocation by the 19
Board, the order is stayed.] 20
SUBTITLE 3A. REGISTRATION. 21
7–3A–01. 22
AN INDIVIDUAL SHALL REGISTER WITH THE BOARD BEFORE THE INDIVIDUAL 23
MAY ENGAGE IN THE OPERATION OF A CREMATORY OR REDUCTION FACILITY IN THE 24
STATE. 25
7–3A–02. 26
(A) IN ORDER TO REGISTER , AN APPLICANT SHALL MEET THE 27
REQUIREMENTS OF THIS SECTION. 28
(B) THE APPLICANT MUST BE MUST: 29
(1) BE AT LEAST 18 YEARS OLD. 30
34 SENATE BILL 413
(C) THE APPLICANT MUST BE; 1
(2) BE OF GOOD MORAL CHARACTER AND REPUTATION. 2
(D) THE APPLICANT MUST BE; 3
(3) ACHIEVE: 4
(I) CERTIFICATION AS A CREMATORY OPERATOR FROM: 5
1. THE CREMATION ASSOCIATION OF NORTH AMERICA 6
(CANA); OR 7
2. THE INTERNATIONAL CEMETERY, CREMATION, AND 8
FUNERAL ASSOCIATION (ICCFA); OR 9
(II) AN EQUIVALENT CERTIFICATION RECOGN IZED BY THE 10
BOARD; 11
(4) BE AFFILIATED WITH A CR EMATORY OR REDUCTION FACILITY 12
OPERATED BY A REGISTRANT OR PERMIT HOLDER. 13
(E) THE CREMATORY OR REDU CTION FACILITY WITH WHICH THE 14
APPLICANT IS AFFILIATED MUST BE FINANCIALLY STABLE IN ACCORDANCE WITH § 15
7–3A–04 OF THIS SUBTITLE. 16
7–3A–03.; AND 17
(5) SUCCESSFULLY COMPLETE ANY OTHER TRAINING R ELATED TO 18
THE OPERATION OF A C REMATORY OR REDUCTIO N FACILITY REQUIRED BY THE 19
BOARD IN REGULATION. 20
(A) (B) AN APPLICANT SHALL REGISTER BY: 21
(1) SUBMITTING TO THE BOARD AN APPLICATION ON THE FORM THAT 22
THE BOARD PROVIDES; AND 23
(2) PAYING A NONREFUNDABL E APPLICATION FEE AND ANY OTHER 24
APPLICABLE FEE SET BY THE BOARD. 25
(B) THE APPLICATION SHALL STATE: 26
(1) THE NAME, DATE OF BIRTH, AND RESIDENTIAL ADDRESS OF THE 27
APPLICANT; 28
SENATE BILL 413 35
(2) THE NAME AND FIXED ADDRESS OF THE AFFILIATED CREMATORY; 1
(3) WHETHER THE CREMATORY OR REDUCTION FACILIT Y WITH 2
WHICH THE APPLICANT IS AFFILIATED IS OWN ED OR CONTROLLED BY A SOLE 3
PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION; 4
(4) IF THE APPLICANT IS D ESIGNATED AS THE RESPONSIBLE PARTY, 5
THE NAME AND RESIDEN TIAL ADDRESS OF EACH EMPLOYEE WHO SELLS B URIAL 6
SPACE, GOODS, OR SERVICES TO THE PUBLIC FOR THE BUSINESS WHILE ENGAGING 7
IN THE OPERATION OF A CREMATORY OR REDUCTION FACILITY; AND 8
(5) ANY OTHER REASONABLE INFORMATION THAT THE BOARD 9
DETERMINES IS NECESSARY TO CARRY OUT THIS TITLE. 10
7–3A–04. 11
(A) EACH APPLICANT DESIGN ATED AS THE RESPONSI BLE PARTY SHALL 12
DEMONSTRATE THE FINA NCIAL STABILITY OF T HE BUSINESS WITH WHICH THE 13
APPLICANT IS AFFILIA TED BY PROVIDING THE BOARD WITH A FINANCIA L 14
STATEMENT OR OTHER R EPORTS REQUIRED UNDE R SUBSECTION (E) OF THIS 15
SECTION WITH THE APPLICATION FOR REGISTRATION. 16
(B) IF THE BUSINESS IS CO–LOCATED AT A CEMETERY THAT SELLS BURIAL 17
GOODS AND IS AN EXISTING BUSINESS, THE FINANCIAL STATEMENT SHALL: 18
(1) BE ON THE FORM THAT THE BOARD REQUIRES; 19
(2) CONTAIN A STATEMENT B Y A CERTIFIED PUBLIC ACCOUNTANT 20
RETAINED BY THE BUSI NESS, DETAILING THE ASSETS AND LIABILITIES OF T HE 21
CEMETERY FOR THE LAST FISCAL YEAR; AND 22
(3) CONTAIN A REVIEW BY T HE CERTIFIED PUBLIC ACCOUNTANT AS 23
TO THE FINANCIAL STABILITY OF THE CEMETERY. 24
(C) IF THE BUSINESS IS CO –LOCATED AT AN EXISTI NG CEMETERY THAT 25
DOES NOT SELL BURIAL GOODS OR AN EXISTING BURIAL GOODS BUSINESS NO T 26
AFFILIATED WITH A CEMETERY, THE APPLICANT SHALL: 27
(1) COMPLETE A FORM THAT THE BOARD REQUIRES; AND 28
(2) SATISFY CRITERIA THAT THE BOARD ADOPTS UNDER 29
SUBSECTION (E) OF THIS SECTION. 30
36 SENATE BILL 413
(D) IF THE BUSINESS IS A NEW BUSINESS, THE APPLICANT SHALL: 1
(1) COMPLETE A FORM THAT THE BOARD REQUIRES; AND 2
(2) SATISFY CRITERIA THAT THE BOARD ADOPTS UNDER 3
SUBSECTION (E) OF THIS SECTION. 4
(E) (1) THE BOARD SHALL MAKE A DE TERMINATION OF THE F INANCIAL 5
STABILITY OF EACH APPLICANT BASED ON CRITERIA THAT THE BOARD ADOPTS FOR 6
EACH CLASS OF BUSINESS. 7
(2) THE BOARD SHALL ADOPT SEP ARATE CRITERIA TO DE TERMINE 8
THE FINANCIAL STABIL ITY OF APPLICANTS TH AT ARE NEW BUSINESSE S OR 9
EXISTING BUSINESSES. 10
(3) THE BOARD SHALL REQUIRE THAT ALL FINANCIAL STATEMENTS 11
OF A NEW CEMETERY SU BMITTED UNDER SUBSEC TION (D) OF THIS SECTION BE 12
PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT RETAINED BY THE BUSINESS. 13
7–3A–05. 14
(A) (C) (1) THE BOARD SHALL ISSUE A R EGISTRATION TO AN 15
APPLICANT WHO MEETS THE REQUIREMENTS OF THIS SUBTITLE SECTION. 16
(B) (2) A REGISTRATION ISSUED BY THE BOARD UNDER THIS SUBTITLE 17
SUBSECTION MAY NOT BE TRANSFERRED FROM ONE INDIVIDUAL TO ANOTHER. 18
7–3A–06. 7–3A–03. 19
(A) WHILE A REGISTRATION IS IN EFFECT, THE REGISTRATION AUTHORIZES 20
THE REGISTRANT TO ENGAGE IN THE OPERATION OF A CREMATORY OR REDUCTION 21
FACILITY OR BURIAL GOODS BUSINESS. 22
(B) THIS SUBTITLE DOES NOT LIMIT THE RIGHT OF A PERSON TO PRACTICE 23
FUNERAL DIREC TION OR MORTUARY SCI ENCE IF THE PERSON I S LICENSED OR 24
OTHERWISE AUTHORIZED UNDER THIS TITLE. 25
7–3A–07. 7–3A–04. 26
(A) UNLESS A REGISTRATION IS RENEWED AS PROVIDED IN THIS SECTION, 27
THE REGISTRATION EXP IRES ON THE SECOND A NNIVERSARY OF ITS EF FECTIVE 28
DATE. 29
SENATE BILL 413 37
(B) (1) AT LEAST 90 DAYS BEFORE A REGIST RATION EXPIRES , THE 1
BOARD SHALL MAIL OR ELECTRONICALLY TRANSMIT TO THE REGISTRANT: 2
(I) A RENEWAL APPLICATION FORM; AND 3
(II) A NOTICE THAT STATES: 4
1. THE DATE ON WHICH THE CURRENT REGISTRATION 5
EXPIRES; AND 6
2. THE AMOUNT OF THE RENEWAL FEE. 7
(2) IF AN ELECTRONIC TRAN SMISSION UNDER PARAG RAPH (1) OF 8
THIS SUBSECTION IS R ETURNED TO THE BOARD AS UNDELIVERABL E, THE BOARD 9
SHALL MAIL TO THE RE GISTRANT, AT THE LAST KNOWN AD DRESS OF THE 10
REGISTRANT, THE MATER IALS REQUIRED UNDER PARAGRAPH (1) OF THIS 11
SUBSECTION WITHIN 10 BUSINESS DAYS AFTER THE DATE THE BOARD RECEIVED 12
THE NOTICE THAT THE ELECTRONIC TRANSMISSION WAS UNDELIVERABLE. 13
(C) BEFORE A REGISTRATION EXPIRES, THE REGISTRANT PERIO DICALLY 14
MAY RENEW IT FOR AN ADDITIONAL 2–YEAR TERM, IF THE REGISTRANT: 15
(1) IS OTHERWISE ENTITLED TO BE REGISTERED; 16
(2) MEETS THE QUALIFICATI ONS SET FORTH FOR AN ORIGINAL 17
REGISTRATION; 18
(3) PAYS THE RENEWAL FEE SET BY THE BOARD; AND 19
(4) SUBMITS TO THE BOARD A RENEWAL APPLICATION ON THE FORM 20
THAT THE BOARD PROVIDES; AND 21
(5) ANY OTHER DOCUMENTATION THAT THE BOARD REQUIRES. 22
(D) THE BOARD SHALL RENEW THE REGISTRATION OF EACH REGISTRANT 23
WHO MEETS THE REQUIREMENTS OF THIS SECTION. 24
7–3A–08. 25
7–3A–05. 26
38 SENATE BILL 413
THE BOARD SHALL REINSTATE THE REGIST RATION OF AN INDIVID UAL WHO 1
HAS FAILED TO RENEW A CREMATORY OR REDUC TION FACILITY OPERAT OR 2
REGISTRATION FOR ANY REASON, IF THE INDIVIDUAL: 3
(1) REQUESTS THAT THE BOARD REINSTATE THE REGISTRATION; 4
(2) MEETS THE APPLICABLE REGISTRATION RENEWAL 5
REQUIREMENTS UNDER § 7–3A–04 OF THIS SUBTITLE; 6
(3) PAYS THE REINSTATEMENT FEE SET BY THE BOARD; AND 7
(4) SUBMITS TO THE BOARD AN AFFIDAVIT ST ATING THAT THE 8
INDIVIDUAL, WHILE THE INDIVIDUAL ’S REGISTRATION WAS EXPIRED, DID NOT 9
ENGAGE IN THE FOLLOWING IN THE STATE: 10
(I) OPERATE A CREMATORY OR REDUCTION FACILITY; OR 11
(II) ACT AS A REGISTERED C REMATORY OR REDUCTIO N 12
FACILITY OPERATOR. 13
7–3A–06. 14
WITHIN 1 WEEK AFTER THE EFFEC TIVE DATE OF THE CHA NGE, THE 15
APPLICANT DESIGNATED AS THE RESPONSIBLE P ARTY OR THE REGISTER ED 16
RESPONSIBLE PARTY SHALL SUBMIT TO THE BOARD AN APPLICATION FORM THAT 17
SHOWS A CHANGE IN: 18
(1) THE CREMATORY OR REDU CTION FACILITY WITH WHICH A 19
REGISTRANT IS AFFILIATED; 20
(2) THE INDIVIDUAL DESIGNATED AS THE RESPONSIBLE PARTY; 21
(3) THE EMPLOYEES OF THE BUSINESS WHO ENGAGE IN THE SALE OF 22
CREMATION SERVICES TO THE PUBLIC; 23
(4) THE OFFICERS, BOARDS, MEMBERS, OR AGENTS OF THE PER MIT 24
HOLDER; OR 25
(5) THE NAME OR ADDRESS OF THE REGISTRANT OR PERMIT HOLDER. 26
7–3A–09. 7–3A–07. 27
EACH REGISTRANT SHALL DISPLAY THE REGISTRATION CONSPICUOUSLY AT 28
THE BUSINESS ADDRESS OF THE REGISTRANT. 29
SENATE BILL 413 39
7–3A–10. 7–3A–08. 1
(A) SUBJECT TO THE HEARIN G PROVISIONS OF § 7–3A–12 § 7–3A–10 OF 2
THIS SUBTITLE , THE BOARD MAY DENY A REGI STRATION TO AN APPLI CANT, 3
REPRIMAND A PERSON SUBJECT TO THE REGISTRATION PROVISIONS OF THIS TITLE, 4
OR SUSPEND OR REVOKE A REGISTRATION IF AN APPLICANT, A REGISTRANT, OR AN 5
AGENT, AN EMPLOYEE, AN OFFICER, A DIRECTOR, OR A PARTNER OF THE APPLICANT 6
OR REGISTRANT: 7
(1) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 8
OBTAIN A REGISTRATION; 9
(2) FRAUDULENTLY OR DECEPTIVELY USES A REGISTRATION; 10
(3) UNDER THE LAWS OF THE UNITED STATES OR OF ANY STAT E, IS 11
CONVICTED OF: 12
(I) A FELONY; OR 13
(II) A MISDEMEANOR THAT IS DIRECTLY RELATED TO THE 14
FITNESS AND QUALIFIC ATIONS OF THE APPLIC ANT OR REGISTRANT TO OWN OR 15
OPERATE A CREMATORY OR REDUCTION FACILITY; 16
(4) FAILS TO PROVIDE OR M ISREPRESENTS ANY INF ORMATION 17
REQUIRED TO BE PROVIDED UNDER THIS TITLE; 18
(5) VIOLATES THIS TITLE; 19
(6) VIOLATES THE CODE OF ETHICS ADOPTED BY THE BOARD; 20
(7) VIOLATES A REGULATION ADOPTED UNDER THIS TITLE; 21
(8) FAILS TO PROVIDE REAS ONABLE AND ADEQUATE SUPERVISION 22
OF THE OPERATION OF THE CREMATORY OR REDUCTION FACILITY; 23
(9) REFUSES TO ALLOW AN INSPECTION REQUIRED BY THIS TITLE; 24
(10) FAILS TO COMPLY WITH AN ORDER OF THE BOARD; 25
(11) FAILS TO COMPLY WITH ANY TERMS OF SETTLEM ENT UNDER A 26
BINDING ARBITRATION AGREEMENT; 27
40 SENATE BILL 413
(12) (11) IS FOUND GUILTY BY A COURT IN THE STATE OF VIOLATING 1
AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICES PROVISION UNDER TITLE 2
13 OF THE COMMERCIAL LAW ARTICLE; OR 3
(13) (12) FAILS TO COMPLY WITH § 5–513 OF THE HEALTH – 4
GENERAL ARTICLE. 5
(B) (1) IF A PERSON IS CHARGED WITH A VIOLATION OF THIS TITLE THAT 6
COULD RESULT IN SUSPENSION OR REVOCATION OF A REGISTRATION, THE BOARD 7
MAY SEEK AN IMMEDIATE RESTRAINING ORDER IN A CIRCUIT COURT IN THE STATE 8
TO PROHIBIT THE PERSON FROM ENGAGING IN THE OPERATION OF ANY CREMATORY 9
OR REDUCTION FACILITY. 10
(2) THE RESTRAINING ORDER IS IN EFFECT UNTIL: 11
(I) THE COURT LIFTS THE ORDER; OR 12
(II) THE CHARGES ARE ADJUDICATED OR DISMISSED. 13
(C) IF A PERSON IS CHARGE D WITH A VIOLATION O F THIS TITLE THAT 14
COULD RESULT IN SUSPENSION OR REVOCATION OF A REGISTRATION, THE BOARD 15
MAY PETITION A COURT TO: 16
(1) APPOINT A RECEIVER OR TRUSTEE TO TAKE CHAR GE OF THE 17
ASSETS AND OPERATE T HE BUSINESS OF THE P ERSON IN THE EVENT T HAT THE 18
REGISTRATION IS SUSPENDED OR REVOKED; AND 19
(2) TAKE ANY ACTIONS AS ARE APPRO PRIATE TO PROTECT TH E 20
PUBLIC INTEREST. 21
(D) (B) INSTEAD OF OR IN ADDI TION TO REPRIMANDING A PERSON, OR 22
SUSPENDING OR REVOKI NG A REGISTRATION , THE BOARD MAY IMPOSE A CI VIL 23
PENALTY: 24
(1) NOT TO EXCEED $5,000 $10,000 FOR EACH VIOLATION O F THIS 25
TITLE OR AN ORDER OF THE BOARD UNDER THIS TITLE; AND 26
(2) NOT TO EXCEED $500 $1,000 FOR EACH DAY A VIOLA TION 27
CONTINUES PAST THE TIME SET FOR ITS CORRECTION. 28
(E) (C) TO DETERMINE THE AMOU NT OF THE PENALTY IM POSED UNDER 29
THIS SECTION, THE BOARD SHALL CONSIDER: 30
SENATE BILL 413 41
(1) THE SERIOUSNESS OF THE VIOLATION; 1
(2) THE HARM CAUSED BY THE VIOLATION; 2
(3) THE GOOD FAITH EFFORTS OF THE PERSON; AND 3
(4) ANY HISTORY OF PREVIOUS VIOLATIONS BY THE PERSON. 4
(F) (D) ANY CIVIL PENALTIES C OLLECTED UNDER THIS SE CTION SHALL 5
BE PAID INTO THE GENERAL FUND OF THE STATE. 6
(G) (E) THE BOARD SHALL CONSIDER THE FOLLOWING FACTS IN THE 7
GRANTING, DENIAL, RENEWAL, SUSPENSION, OR REVOCATION OF A R EGISTRATION 8
OR THE REPRIMAND OF A REGISTRANT WHEN AN APPLICANT OR A REGISTRANT, OR 9
AN AGENT , AN EMPLOYEE , AN OFFICER , OR A PARTNER OF AN A PPLICANT OR A 10
REGISTRANT, IS CONVICTED OF A FE LONY OR MISDEMEANOR DESCRIBED IN 11
SUBSECTION (A)(3) OF THIS SECTION: 12
(1) THE NATURE OF THE CRIME; 13
(2) THE RELATIONSHIP OF T HE CRIME TO THE ACTIVIT IES 14
AUTHORIZED BY THIS TITLE; 15
(3) THE LENGTH OF TIME SINCE THE CONVICTION; AND 16
(4) THE BEHAVIOR AND ACTI VITIES OF THE APPLIC ANT OR 17
REGISTRANT, OR ANY AGENT , EMPLOYEE, OFFICER, BOARD, OR PARTNER OF AN 18
APPLICANT OR A REGISTRANT, BEFORE AND AFTER THE CONVICTION. 19
7–3A–11. 7–3A–09. 20
(A) SUBJECT TO THE PROVIS IONS OF THIS SECTION , THE BOARD OR THE 21
BOARD’S DESIGNEE SHALL COM MENCE PROCEEDINGS ON A COMPLAINT 22
REGARDING A VIOLATION OF THIS SUBTITLE MADE BY ANY PERSON TO THE BOARD. 23
(B) A COMPLAINT SHALL: 24
(1) BE IN WRITING; AND 25
(2) STATE SPECIFICALLY TH E FACTS ON WHICH THE COMPLAINT IS 26
BASED; AND 27
42 SENATE BILL 413
(3) BE MADE UNDER OATH BY THE PERSON WHO SUBMI TS THE 1
COMPLAINT. 2
(C) THE BOARD OR THE BOARD’S DESIGNEE SHALL REV IEW EACH 3
COMPLAINT AND SHALL ATTEMPT TO NEG OTIATE A SETTLEMENT OF THE 4
COMPLAINT BETWEEN TH E COMPLAINANT AND TH E REGISTRANT OR ANY OTHER 5
PERSON SUBJECT TO THE REGISTRATION PROVISIONS OF THIS TITLE. 6
(D) IF THE BOARD OR THE BOARD’S DESIGNEE IS UNABLE TO NEGOTIATE A 7
SETTLEMENT OF THE COMPLAINT, THE BOARD MAY: 8
(1) AT THE REQUEST OF EIT HER PARTY, REFER THE COMPLAINT TO 9
THE OFFICE OF THE ATTORNEY GENERAL OR THE OFFICE OF ADMINISTRATIVE 10
HEARINGS FOR BINDING ARBITRATION, IF BOTH PARTIES AGRE E TO BINDING 11
ARBITRATION; 12
(2) INITIATE AN INVESTIGATION; OR 13
(3) DISMISS THE COMPLAINT. 14
(E) (C) IF, AFTER INVESTIGATION , THE BOARD DETERMINES THAT 15
THERE IS A REASONABL E BASIS TO BELIEVE T HAT THERE ARE GROUND S FOR 16
DISCIPLINARY ACTION UNDER § 7–3A–10 § 7–3A–08 OF THIS SUBTITLE, THE BOARD 17
SHALL PROVIDE THE PERSON A GAINST WHOM THE ACTI ON IS CONTEMPLATED 18
NOTICE AND AN OPPORTUNITY FOR A HEARING UNDER § 7–3A–12 § 7–3A–10 OF THIS 19
SUBTITLE. 20
(F) (D) (1) IF, AFTER INVESTIGATION, THE BOARD DETERMINES THAT 21
THERE IS NOT A REASO NABLE BASIS TO BELIE VE THAT THERE ARE GROUNDS FO R 22
DISCIPLINARY ACTION, THE BOARD SHALL DISMISS THE COMPLAINT. 23
(2) ANY PARTY AGGRIEVED BY THE DISMISSAL MAY TAKE A JUDICIAL 24
APPEAL IN ACCORDANCE WITH THE PROVISIONS OF TITLE 10 OF THE STATE 25
GOVERNMENT ARTICLE. 26
(G) ONCE A COMPLAINT HAS BEEN REFERRED FOR BINDING ARBITRATION, 27
THE REGISTRANT OR ANY OTHER PERSON SUBJECT TO THE REGISTRATION OF THIS 28
TITLE SHALL COMPLY WITH THE TERMS OF THE SETTLEMENT. 29
(H) (E) (1) THE BOARD SHALL ADOPT GUIDELINES THAT ESTABLISH A 30
SCHEDULE FOR THE PROMPT AND TIMELY PROCESSING AND RESOLUTION OF EACH 31
COMPLAINT MADE TO THE BOARD REGARDING A VIOLATION OF THIS SUBTITLE. 32
SENATE BILL 413 43
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2028, 1
THE BOARD SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 3
(I) THE NUMBER OF COMPLAI NTS RESOLVED WITHIN THE 4
SCHEDULE ADOPTED UNDER PARAGRAPH (1) OF THIS SUBSECTION; 5
(II) THE NUMBER OF COMPLAI NTS BY THE TYPE OF 6
REGISTRANT OR EXEMPT ION FROM THE REGISTR ATION REQUIREMENTS O F THIS 7
TITLE; 8
(III) THE NUMBER OF COMPLAI NTS BY PERSONS SUBJE CT TO , 9
BUT NOT IN COMPLIANCE WITH, THE REGISTRATION REQUIREMENTS OF THIS TITLE; 10
(IV) THE NATURE OF COMPLAI NTS, INCLUDING WHETHER 11
COMPLAINTS ARE RELATED TO THE ILLEGAL RECYCLING OF GRAVES; 12
(V) THE TYPE OF PURCHASE, FOCUS OF DISSATISFACTION, AND 13
TYPE OF RESOLUTION FOR COMPLAINTS; 14
(VI) WHETHER THE METHOD USED TO RE SOLVE THE 15
COMPLAINTS REPORTED UNDER ITEM (I) OF THIS PARAGRAPH WERE RESOLVED 16
THROUGH NEGOTIATION, BINDING ARBITRATION, OR ANOTHER METHOD; AND 17
(VII) ANY DISCIPLINARY OR E NFORCEMENT ACTIONS T AKEN 18
AGAINST A REGISTRANT OR A PERSON SUBJECT TO, BUT NOT IN COMPLIANCE WITH, 19
THE REGISTRATION REQUIREMENTS OF THIS TITLE. 20
(3) THE BOARD SHALL PROVIDE A COPY OF THE ANNUAL R EPORT 21
REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION TO EACH MEMBER OF THE 22
ADVISORY COUNCIL. 23
7–3A–12. 7–3A–10. 24
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE 25
GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES A FINAL A CTION UNDER THIS 26
SUBTITLE, THE BOARD SHALL PROVIDE THE PE RSON AGAINST WHOM TH E ACTION 27
IS CONTEMPLATED NOTI CE OF THE BOARD’S PROPOSED ACTION AN D THE 28
OPPORTUNITY TO REQUEST A HEARING BEFORE THE BOARD. 29
(2) A PERSON SHALL FILE A REQUEST FOR A HEARIN G NOT LATER 30
THAN 30 DAYS AFTER THE DATE THE NOTICE PROVIDED UNDER PARAGRAPH (1) OF 31
THIS SUBSECTION IS MAILED. 32
44 SENATE BILL 413
(B) THE BOARD SHALL PROVIDE N OTICE AND CONDUCT TH E HEARING IN 1
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 2
(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH A 3
PROCEEDING UNDER THIS SECTION. 4
(D) THE HEARING NOTICE PROVIDED TO THE PERSON UNDER SUBSECTION 5
(A)(1) OF THIS SECTION SHAL L BE SENT BY CERTIFI ED MAIL TO THE LAST KNOWN 6
ADDRESS OF THE PERSON AT LEAST 10 DAYS BEFORE THE HEARING. 7
(E) IF A HEARING IS NOT REQUESTED WITHIN THE TIME PERIOD SPECIFIED 8
UNDER SUBSECTION (A)(2) OF THIS SECTION OR I F THE PERSON FAILS T O APPEAR 9
FOR THE HEARING AFTER REQUESTING A HEARING, THE PROPOSED ACTION OF THE 10
BOARD SHALL BE AFFIRMED. 11
(F) THE PERSON MAY BE REPRESENTED AT THE HEARING BY COUNSEL. 12
(G) (1) THE BOARD MAY ISSUE SUBPO ENAS IN CONNECTION W ITH A 13
PROCEEDING UNDER THIS SECTION. 14
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED UNDER 15
THIS SUBSECTION, ON PETITION OF THE BOARD, A CIRCUIT COURT MAY COMPEL 16
COMPLIANCE WITH THE SUBPOENA. 17
(H) IF, AFTER A HEARING , THE PROPOSED ACTION BY THE BOARD IS 18
UPHELD, THE APPELLANT SHALL PAY THE HEARING COST S, AS SPECIFIED BY THE 19
OFFICE IN ITS REGULATIONS BOARD IN REGULATION. 20
SUBTITLE 3B. PERMITS AND STATEMENT FILINGS. 21
7–3B–01. 22
(A) SUBJECT TO THE PROVIS IONS OF THIS SECTION , A REGISTERED 23
CREMATORY OPERATOR O R REGISTERED REDUCTI ON OPERATOR MAY ENGA GE IN 24
THE OPERATION OF A CREMATORY OR REDUCTION FACILITY AS A SOLE PROPRIETOR 25
OR THROUGH: 26
(1) A CORPORATION AS AN OFFICER, A BOARD, AN EMPLOYEE, OR AN 27
AGENT OF THE CORPORATION; 28
(2) A LIMITED LIABILITY COMPANY AS A MEMBER, AN EMPLOYEE, OR 29
AN AGENT OF THE LIMITED LIABILITY COMPANY; OR 30
SENATE BILL 413 45
(3) A PARTNERSHIP AS A PARTNER, AN EMPLOYEE, OR AN AGENT OF 1
THE PARTNERSHIP. 2
(B) SUBJECT TO THE PROVISIONS OF THIS TITLE, A CORPORATION, LIMITED 3
LIABILITY COMPANY , OR PARTNERSHIP MAY E NGAGE IN THE OPERATI ON OF A 4
CREMATORY OR REDUCTI ON FACILITY THROUGH A REGISTERED CREMATO RY 5
OPERATOR OR REGISTERED REDUCTION OPERATOR. 6
(C) (1) A REGISTERED CREMATORY OPERATOR WHO ENGAGES IN THE 7
OPERATION OF A CREMA TORY THROUGH A CORPO RATION, LIMITED LIABILITY 8
COMPANY, OR PARTNERSHIP UNDER THIS TITLE IS SUBJEC T TO ALL OF THE 9
PROVISIONS OF THIS T ITLE THAT RELATE TO ENGAGING IN THE OPER ATION OF A 10
CREMATORY. 11
(2) A REGISTERED REDUCTION OPERA TOR WHO ENGAGES IN T HE 12
OPERATION OF A REDUC TION FACILITY THROUG H A CORPORATION , LIMITED 13
LIABILITY COMPANY, OR PARTNERSHIP UNDER THIS TITLE IS SUBJEC T TO ALL OF 14
THE PROVISIONS OF THIS TITLE THAT RELATE TO ENGAGING IN THE OPERATION OF 15
A REDUCTION FACILITY. 16
(D) (1) A CORPORATION, LIMITED LIABILITY CO MPANY, OR 17
PARTNERSHIP THAT ENGAGES IN THE OPERATION OF A CREMATORY OR REDUCTION 18
FACILITY UNDER THIS TITLE IS NOT , BY ITS COMPLIANCE WI TH THIS TITLE , 19
RELIEVED OF ANY RESP ONSIBILITY THAT THE CORPORATION, LIMITED LIABILITY 20
COMPANY, OR PARTNERSHIP MAY H AVE FOR AN ACT OR AN OMISSION BY ITS 21
OFFICER, BOARD, MEMBER, PARTNER, EMPLOYEE, OR AGENT. 22
(2) AN INDIVIDUAL WHO ENG AGES IN THE OPERATIO N OF A 23
CREMATORY OR REDUCTI ON FACILITY THROUGH A CORPORATION , LIMITED 24
LIABILITY COMPANY, OR PARTNERSHIP IS NO T, BY REASON OF THE IND IVIDUAL’S 25
EMPLOYMENT OR OTHER RELATIONSHIP WITH TH E CORPORATION , LIMITED 26
LIABILITY COMPANY , OR PARTNERSHIP , RELIEVED OF ANY INDI VIDUAL 27
RESPONSIBILITY THAT THE INDIVIDUAL MAY HAVE REGARDING THAT PRACTICE. 28
7–3B–02. 29
A CORPORATION, LIMITED LIABILITY CO MPANY, OR PARTNERSHIP SHALL 30
OBTAIN A PERMIT ISSU ED BY THE BOARD BEFORE THE CORP ORATION, LIMITED 31
LIABILITY COMPANY , OR PARTNERSHIP MAY E NGAGE IN THE OPERATI ON OF A 32
CREMATORY OR REDUCTION FACILITY IN THE STATE. 33
7–3B–03. 34
46 SENATE BILL 413
(A) TO QUALIFY FOR A PERM IT, A CORPORATION , LIMITED LIABILITY 1
COMPANY, OR PARTNERSHIP SHALL: 2
(1) DESIGNATE A SEPARATE REGISTERED CREMATORY OPERATOR 3
OR REGISTERED REDUCT ION OPERATOR AS THE RESPONSIBLE PARTY FO R THE 4
OPERATIONS OF EACH AFFILIATED CREMATORY OR REDUCTION FACILITY; 5
(2) PROVIDE THE NAME AND BUSINESS ADDRESS OF EACH 6
AFFILIATED CREMATORY OR REDUCTION FACILITY; 7
(3) PROVIDE A LIST OF THE OFFICERS, BOARDS, MEMBERS, 8
PARTNERS, AGENTS, AND EMPLOYEES OF THE ENTITY APPLYING FOR THE PERMIT; 9
AND 10
(4) COMPLY WITH §§ 7–3A–03(B)(4) AND 7–3A–04 OF THIS TITLE 11
PROVIDE A CERTIFICATE OF STATUS ISSUED BY THE STATE DEPARTMENT OF 12
ASSESSMENTS AND TAXATION THAT: 13
(I) INDICATES THE ENTITY IS IN GOOD STANDING , OR ITS 14
EQUIVALENT AS DETERMINED BY THE BOARD; AND 15
(II) IS DATED NOT MORE THA N 30 DAYS BEFORE THE DATE ON 16
WHICH THE APPLICATION WAS SUBMITTED. 17
7–3B–04. 18
(B) AN APPLICANT FOR A PERMIT SHALL SUBMIT TO THE BOARD: 19
(1) AN APPLICATION ON THE FORM THAT THE BOARD PROVIDES; AND 20
(2) AN APPLICATION FEE AS SET BY THE BOARD; AND 21
(3) DOCUMENTATION VERIFYING THE NUMBER OF SALES CONTRACTS 22
SUBJECT TO THE SALES CONTRACT FEE ENTERED INTO WITHIN THE BUSI NESS’S 23
LAST 2 FISCAL YEARS. 24
7–3B–05. 7–3B–04. 25
(A) UNLESS A PERMIT IS RENEWED AS PROVIDED IN THIS SEC TION, THE 26
PERMIT EXPIRES ON THE SECOND ANNIVERSARY OF ITS EFFECTIVE DATE. 27
SENATE BILL 413 47
(B) (1) AT LEAST 90 DAYS BEFORE A PERMIT EXPIRES, THE BOARD SHALL 1
MAIL OR ELECTRONICALLY TRANSMIT TO THE PERMIT HOLDER: 2
(I) A RENEWAL APPLICATION FORM; AND 3
(II) A NOTICE THAT STATES: 4
1. THE DATE ON WHICH THE CURRENT PERMIT EXPIRES; 5
AND 6
2. THE AMOUNT OF THE RENEWAL FEE. 7
(2) IF AN ELECTRONIC TRAN SMISSION UNDER PARAG RAPH (1) OF 8
THIS SUBSECTION IS R ETURNED TO THE BOARD AS UNDELIVERABLE, THE BOARD 9
SHALL MAIL TO THE PE RMIT HOLDER , AT THE LAST KNOWN AD DRESS OF THE 10
PERMIT HOLDER , THE MATERIALS REQUIR ED UNDER PARAGRAPH (1) OF THIS 11
SUBSECTION WITHIN 10 BUSINESS DAYS AFTER THE DATE THE BOARD RECEIVED 12
THE NOTICE THAT THE ELECTRONIC TRANSMISSION WAS UNDELIVERABLE. 13
(C) BEFORE A PERMIT EXPIRES, THE PERMIT HOLDER PERIODICALLY MAY 14
RENEW IT FOR AN ADDITIONAL 2–YEAR TERM, IF THE PERMIT HOLDER: 15
(1) IS OTHERWISE ENTITLED TO RECEIVE A PERMIT; 16
(2) MEETS THE QUALIFICATI ONS SET FORTH FOR AN ORIGINAL 17
PERMIT; 18
(3) PAYS THE RENEWAL FEE SET BY THE BOARD; AND 19
(4) SUBMITS TO THE BOARD A: 20
(I) A RENEWAL APPLICATION ON THE FORM THAT THE BOARD 21
PROVIDES; AND 22
(II) ANY OTHER DOCUMENTATION THE BOARD REQUIRES. 23
(D) THE BOARD SHALL RENEW THE PERMIT OF EACH PERMIT HOLDER WHO 24
MEETS THE REQUIREMENTS OF THIS SECTION. 25
7–3B–05. 26
48 SENATE BILL 413
THE BOARD SHALL REINSTATE THE PERMIT OF A CREMATORY OR REDUCTION 1
FACILITY THAT HAS FAILED TO RENEW ITS PERMIT FOR ANY REASON, IF THE PERMIT 2
HOLDER: 3
(1) REQUESTS THAT THE BOARD REINSTATE THE PERMIT; 4
(2) MEETS THE APPLICABLE PERMIT RENEWAL REQUI REMENTS 5
UNDER THIS SUBTITLE; 6
(3) PAYS THE REINSTATEMENT FEE SET BY THE BOARD; AND 7
(4) SUBMITS TO THE BOARD AN AFFIDAVIT ST ATING THAT THE 8
PERMIT HOLDER DID NO T ENGAGE IN THE OPERATION OF A CREMATORY OR 9
REDUCTION FACILITY IN THE STATE WHILE ITS PERMIT WAS EXPIRED. 10
7–3B–06. 11
EACH PERMIT HOLDER SHALL DISPLAY THE PERMIT CONSPICUOUSLY AT THE 12
BUSINESS ADDRESS OF THE PERMIT HOLDER. 13
7–3B–07. 14
(A) SUBJECT TO THE HEARIN G PROV ISIONS OF § 7–3B–09 OF THIS 15
SUBTITLE, THE BOARD MAY DENY A PERM IT TO AN APPLICANT , REPRIMAND A 16
PERSON SUBJECT TO TH E PERMIT PROVISIONS OF THIS TITLE , OR SUSPEND OR 17
REVOKE A PERMIT IF A N APPLICANT , A PERMIT HOLDER , OR AN AGENT , AN 18
EMPLOYEE, AN OFFICER , A DI RECTOR, OR A PARTNER OF THE APPLICANT OR 19
PERMIT HOLDER: 20
(1) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 21
OBTAIN A PERMIT; 22
(2) FRAUDULENTLY OR DECEPTIVELY USES A PERMIT; 23
(3) UNDER THE LAWS OF THE UNITED STATES OR OF ANY STAT E, IS 24
CONVICTED OF: 25
(I) A FELONY; OR 26
(II) A MISDEMEANOR THAT IS DIRECTLY RELATED TO THE 27
FITNESS AND QUALIFICATIONS OF THE APPLICANT OR PERMIT HOLDER TO OWN OR 28
OPERATE A CREMATORY OR REDUCTION FACILITY; 29
SENATE BILL 413 49
(4) FAILS TO PROVIDE OR M ISREPRESENTS ANY INF ORMATION 1
REQUIRED TO BE PROVIDED UNDER THIS TITLE; 2
(5) VIOLATES THIS TITLE; 3
(6) VIOLATES THE CODE OF ETHICS ADOPTED BY THE BOARD; 4
(7) VIOLATES A REGULATION ADOPTED UNDER THIS TITLE; 5
(8) FAILS TO PROVIDE REAS ONABLE AND ADEQUATE SUPERVISION 6
OF THE OPERATION OF THE CREMATORY OR REDUCTION FACILITY; 7
(9) REFUSES TO ALLOW AN INSPECTION REQUIRED BY THIS TITLE; 8
(10) FAILS TO COMPLY WITH AN ORDER OF THE BOARD; 9
(11) FAILS TO COMPLY WITH ANY TERMS OF SETTLEM ENT UNDER A 10
BINDING ARBITRATION AGREEMENT; 11
(12) (11) IS FOUND GUILTY BY A COURT IN THIS STATE OF VIOLATING 12
AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICES PROVISION UNDER TITLE 13
13 OF THE COMMERCIAL LAW ARTICLE; OR 14
(13) (12) FAILS TO COMPLY WITH § 5–513 OF THE HEALTH – 15
GENERAL ARTICLE. 16
(B) (1) IF A PERSON IS CHARGED WITH A VIOLATION OF THIS TITLE THAT 17
COULD RESULT IN SUSP ENSION OR REVOCATION OF A PERMIT , THE BOARD MAY 18
SEEK AN IMMEDIATE RESTRAINING ORDER IN A CIRCUIT COURT IN THIS STATE TO 19
PROHIBIT THE PERSON FROM ENGAGING IN THE OPERATION OF ANY CRE MATORY 20
OR REDUCTION FACILITY. 21
(2) THE RESTRAINING ORDER IS IN EFFECT UNTIL: 22
(I) THE COURT LIFTS THE ORDER; OR 23
(II) THE CHARGES ARE ADJUDICATED OR DISMISSED. 24
(C) IF A PERSON IS CHARGE D WITH A VIOLATION O F THIS TITLE THAT 25
COULD RESULT IN SUSP ENSION O R REVOCATION OF A PE RMIT, THE BOARD MAY 26
PETITION A COURT TO: 27
50 SENATE BILL 413
(1) APPOINT A RECEIVER OR TRUSTEE TO TAKE CHAR GE OF THE 1
ASSETS AND OPERATE T HE BUSINESS OF THE P ERSON IN THE EVENT T HAT THE 2
PERMIT IS SUSPENDED OR REVOKED; AND 3
(2) TAKE ANY ACTIONS AS A RE APPROPRIATE TO PROTE CT THE 4
PUBLIC INTEREST. 5
(D) (C) INSTEAD OF OR IN ADDI TION TO REPRIMANDING A PERSON, OR 6
SUSPENDING OR REVOKING A PERMIT, THE BOARD MAY IMPOSE A CIVIL PENALTY: 7
(1) NOT TO EXCEED $5,000 $10,000 FOR EACH VIOLATION O F THIS 8
TITLE OR AN ORDER OF THE BOARD UNDER THIS TITLE; AND 9
(2) NOT TO EXCEED $500 $1,000 FOR EACH DAY A VIOLA TION 10
CONTINUES PAST THE TIME SET FOR ITS CORRECTION. 11
(E) (D) TO DETERMINE THE AMOU NT OF THE PENALTY IM POSED UNDER 12
THIS SECTION, THE BOARD SHALL CONSIDER: 13
(1) THE SERIOUSNESS OF THE VIOLATION; 14
(2) THE HARM CAUSED BY THE VIOLATION; 15
(3) THE GOOD FAITH EFFORTS OF THE PERSON; AND 16
(4) ANY HISTORY OF PREVIOUS VIOLATIONS BY THE PERSON. 17
(F) (E) ANY CIVIL PENALTIES C OLLECTED UNDER THIS SEC TION SHALL 18
BE PAID INTO THE GENERAL FUND OF THE STATE. 19
(G) (F) THE BOARD SHALL CONSIDER THE FOLLOWING FACTS IN THE 20
GRANTING, DENIAL, RENEWAL, SUSPENSION, OR REVOCATION OF A PERMIT OR THE 21
REPRIMAND OF A PERMIT HOLDER WHEN AN APPLICANT OR A PERMIT HOLDER, OR 22
AN AGENT , AN EMPLOYEE , AN OFFICER , OR A PARTNER OF AN A PPLICANT OR A 23
PERMIT HOLDER , IS CONVICTED OF A FE LONY OR MISDEMEANOR DESCRIBED IN 24
SUBSECTION (A)(3) OF THIS SECTION: 25
(1) THE NATURE OF THE CRIME; 26
(2) THE RELATIONSHIP OF T HE CRIME TO THE ACTIV ITIES 27
AUTHORIZED BY THIS TITLE; 28
(3) THE LENGTH OF TIME SINCE THE CONVICTION; AND 29
SENATE BILL 413 51
(4) THE BEHAVIOR AND ACTI VITIES OF THE APPLIC ANT OR PERMIT 1
HOLDER, OR ANY AGENT, EMPLOYEE, OFFICER, OR PARTNER OF AN APPLICANT OR 2
A PERMIT HOLDER, BEFORE AND AFTER THE CONVICTION. 3
7–3B–08. 4
(A) SUBJECT TO THE PROVIS IONS OF THIS SECTION , THE BOARD OR THE 5
BOARD’S DESIGNEE SHALL COM MENCE PROCEEDINGS ON A COMPLAINT 6
REGARDING A VIOLATION OF THIS SUBTITLE MADE BY ANY PERSON TO THE BOARD. 7
(B) A COMPLAINT SHALL: 8
(1) BE IN WRITING; AND 9
(2) STATE SPECIFICALLY TH E FACTS ON WHICH THE COMPLAINT IS 10
BASED; AND 11
(3) BE MADE UNDER OATH BY THE PERSON WHO SUBMI TS THE 12
COMPLAINT. 13
(C) THE BOARD OR THE BOARD’S DESIGNEE SHALL REV IEW EACH 14
COMPLAINT AND S HALL ATTEMPT TO NEGO TIATE A SETTLEMENT O F THE 15
COMPLAINT BETWEEN TH E COMPLAINANT AND TH E PERMIT HOLDER , OR ANY 16
OTHER PERSON SUBJECT TO THE PERMIT PROVISIONS OF THIS TITLE. 17
(D) IF THE BOARD OR THE BOARD’S DESIGNEE IS UNABLE TO NEGOTIATE A 18
SETTLEMENT OF THE COMPLAINT, THE BOARD MAY: 19
(1) AT THE REQUEST OF EIT HER PARTY, REFER THE COMPLAINT TO 20
THE OFFICE OF THE ATTORNEY GENERAL OR THE OFFICE OF ADMINISTRATIVE 21
HEARINGS FOR BINDING ARBITRATION, IF BOTH PARTIES AGRE E TO BINDING 22
ARBITRATION; 23
(2) INITIATE AN INVESTIGATION; OR 24
(3) DISMISS THE COMPLAINT. 25
(E) (C) IF, AFTER INVESTIGATION , THE BOARD DETERMINES THAT 26
THERE IS A REASONABL E BASIS TO BELIEVE T HAT THERE ARE GROUND S FOR 27
DISCIPLINARY ACTION UNDER § 7–3B–07 OF THIS SUBTITLE , THE BOARD SHALL 28
PROVIDE THE PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED NOTICE AND 29
AN OPPORTUNITY FOR A HEARING UNDER § 7–3B–09 OF THIS SUBTITLE. 30
52 SENATE BILL 413
(F) (D) (1) IF, AFTER INVESTIGATION, THE BOARD DETERMINES THAT 1
THERE IS NOT A REASO NABLE BASIS TO BELIE VE THAT THERE ARE GR OUNDS FOR 2
DISCIPLINARY ACTION, THE BOARD SHALL DISMISS THE COMPLAINT. 3
(2) ANY PARTY AGGRIEVED BY THE DISMISSAL MAY TAKE A JUDICIAL 4
APPEAL IN ACCORDANCE WITH THE PROVISIONS OF TITLE 10 OF THE STATE 5
GOVERNMENT ARTICLE. 6
(G) ONCE A COMPLAINT HAS BEEN REFERRED FOR BINDING ARBITRATION, 7
THE REGISTRANT , PERMIT HOLDER , OR ANY OTHER PERSON SUBJECT TO THE 8
REGISTRATION OR PERM IT PROVISIONS OF THI S TITLE SHALL COMPLY WITH THE 9
TERMS OF THE SETTLEMENT. 10
(H) (E) (1) THE BOARD SHALL ADOPT GUIDELINES THAT ESTABLISH A 11
SCHEDULE FOR THE PROMPT AND TIMELY PROCESSING AND RESOLUTION OF EACH 12
COMPLAINT MADE TO THE BOARD REGARDING A VIOLATION OF THIS SUBTITLE. 13
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2028, 14
THE BOARD SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 15
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 16
(I) THE NUMBER OF COMPLAI NTS RESOLVED WITHIN THE 17
SCHEDULE ADOPTED UNDER PARAGRAPH (1) OF THIS SUBSECTION; 18
(II) THE NUMBER OF COMPLAI NTS BY THE TYPE OF P ERMIT 19
HOLDER, OR EXEMPTION FROM THE PERMIT REQUIREMENTS OF THIS TITLE; 20
(III) THE NUMBER OF COMPLAI NTS BY PERSONS SUBJE CT TO , 21
BUT NOT IN COMPLIANCE WITH, THE PERMIT REQUIREMENTS OF THIS TITLE; 22
(IV) THE NATURE OF COMPLAI NTS, INCLUDING WHETHER 23
COMPLAINTS ARE RELATED TO THE ILLEGAL RECYCLING OF GRAVES; 24
(V) THE TYPE OF PURCHASE, FOCUS OF DISSATISFACTION, AND 25
TYPE OF RESOLUTION FOR COMPLAINTS; 26
(VI) WHETHER THE METHOD USED TO RE SOLVE THE 27
COMPLAINTS REPORTED UNDER ITEM (I) OF THIS PARAGRAPH WERE RESOLVED 28
THROUGH NEGOTIATION, BINDING ARBITRATION, OR ANOTHER METHOD; AND 29
SENATE BILL 413 53
(VII) ANY DISCIPLINARY OR E NFORCEMENT ACTIONS T AKEN 1
AGAINST A PERMIT HOL DER, OR A PERSON SUBJECT TO, BUT NOT IN COMPLIANC E 2
WITH, THE PERMIT REQUIREMENTS OF THIS TITLE. 3
(3) THE BOARD SHALL PROVIDE A COPY OF THE ANNUAL R EPORT 4
REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION TO EACH MEMBER OF THE 5
ADVISORY COUNCIL. 6
7–3B–09. 7
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE 8
GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES A FINAL A CTION UNDER THIS 9
SUBTITLE, THE BOARD SHALL PROVIDE THE PERSON A GAINST WHOM THE ACTI ON 10
IS CONTEMPLATED NOTI CE OF THE BOARD’S PROPOSED ACTION AN D THE 11
OPPORTUNITY TO REQUEST A HEARING BEFORE THE BOARD. 12
(2) A PERSON SHALL FILE A REQUEST FOR A HEARIN G NOT LATER 13
THAN 30 DAYS AFTER THE DATE THE NOTICE PROVIDED UNDER PARAGRAPH (1) OF 14
THIS SUBSECTION IS MAILED. 15
(B) THE BOARD SHALL PROVIDE N OTICE AND CONDUCT TH E HEARING IN 16
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 17
(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH A 18
PROCEEDING UNDER THIS SECTION. 19
(D) THE HEARING NOTICE PROVIDED TO THE PERSON UNDER SUBSECTION 20
(A)(1) OF THIS SECTION SHAL L BE SENT BY CERTIFI ED MAIL TO THE LAST KNOWN 21
ADDRESS OF THE PERSON AT LEAST 10 DAYS BEFORE THE HEARING. 22
(E) IF A HEARING IS NOT REQUESTED WITHIN THE TIME PERIOD SPECIFIED 23
UNDER SUBSECTION (A)(2) OF THIS SECTION OR I F THE PERSON FAILS T O APPEAR 24
FOR THE HEARING AFTER REQUESTING A HEARING, THE PROPOSED ACTION OF THE 25
BOARD SHALL BE AFFIRMED. 26
(F) THE PERSON MAY BE REPRESENTED AT THE HEARING BY COUNSEL. 27
(G) (1) THE BOARD MAY ISSUE SUBPO ENAS IN CONNECTION W ITH A 28
PROCEEDING UNDER THIS SECTION. 29
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED UNDER 30
THIS SUBSECTION, ON PETITION OF THE BOARD, A CIRCUIT COURT MAY COMPEL 31
COMPLIANCE WITH THE SUBPOENA. 32
54 SENATE BILL 413
(H) IF, AFTER A HEARING , THE PROPOSED ACTION BY THE BOARD IS 1
UPHELD, THE APPELLANT SHALL PAY THE HEARING COST S, AS SPECIFIED BY THE 2
OFFICE IN ITS REGULATIONS BOARD IN REGULATION. 3
7–405. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Beneficiary” means a person for whose benefit a pre –need contract is 6
purchased and who will receive the merchandise or services offered under the contract. 7
(3) “Buyer” means a person that purchases a pre–need contract. 8
(4) “Guaranteed contract” means a written pre–need contract that: 9
(i) Is signed by the consumer and a licensee of a licensed funeral 10
establishment, A REGISTERED CREMATO RY OPERATOR , OR A REGISTERED 11
REDUCTION OPERATOR; and 12
(ii) Guarantees in whole th e price of goods and services and cash 13
advance items specified in the contract. 14
(5) “Guaranteed in part contract” means a written pre–need contract that: 15
(i) Is signed by the consumer and a licensee of a licensed funeral 16
establishment, A REGISTERED CREMATORY OPERATOR , OR A REGISTERED 17
REDUCTION OPERATOR; and 18
(ii) Guarantees in part the price of goods and services and cash 19
advance items specified in the contract. 20
(6) “Nonguaranteed contract” means a written pre–need contract: 21
(i) That is sig ned by the consumer and a licensee of a licensed 22
funeral establishment , A REGISTERED CREMATO RY OPERATOR , OR A REGISTERED 23
REDUCTION OPERATOR; 24
(ii) That does not guarantee the price of any specific goods and 25
services or cash advance items; and 26
(iii) For which any funds or benefits paid under the contract are only 27
a deposit or partial payment to be applied toward the final cost, determined at the time of 28
death, of the goods, services, or cash advance items. 29
SENATE BILL 413 55
(7) “Seller” means a person who agrees to provide services or merchandise, 1
directly or indirectly, under a pre–need contract. 2
(8) “Trustee” means a person that has responsibility for making pre –need 3
arrangements in a manner that entitles the beneficiary to be eligible for benefits that 4
restrict assets. 5
(b) (1) Only a licensed mortician, a licensed funeral director, A REGISTERED 6
CREMATORY OPERATOR , A REGISTERED REDUCTI ON OPERATOR , or a holder of a 7
surviving spouse license may offer or agree, directly or indirectly, to provide services or 8
merchandise under a pre–need contract. 9
(2) Notwithstanding the provisions of paragraph (1) of this subsection, a 10
licensed mortician or a licens ed funeral director who is employed by a funeral 11
establishment may execute pre–need contracts on behalf of the funeral establishment with 12
which the mortician or funeral director is employed. 13
(3) Any funeral establishment on whose behalf pre –need contrac ts are 14
executed under this subsection must comply with the requirements of this section. 15
(f) (1) A pre–need contract is not subject to the Retail Installment Sales Act. 16
(2) The making of a pre –need contract by a licensed mortician, a licensed 17
funeral director, A REGISTERED CREMATORY OPERATOR, A REGISTERED REDUCTION 18
OPERATOR, or a holder of a surviving spouse license is not the practice of insurance 19
business. 20
(3) (i) A pre–need contract that is a guaranteed contract, a guaranteed 21
in part contract, or a nonguaranteed contract may be funded by a life insurance policy or 22
an annuity contract if: 23
1. The mortician, funeral director, licensed funeral 24
establishment, REGISTERED CREMATORY OPERATOR, REGISTERED REDUCTION 25
OPERATOR, or surviving spouse is not the owner of or beneficiary under the life insurance 26
policy or annuity contract; 27
2. An irrevocable assignment of benefits to the licensed 28
funeral establishment: 29
A. May be transferred at any time by the owner of the life 30
insurance policy or annuity contract to any other licensed funeral establishment; and 31
B. May not be transferred to the consumer; and 32
3. Any benefits payable under the life insurance policy or 33
annuity contract in excess of the amount necessary to pay the total price, as determined at 34
56 SENATE BILL 413
the time of death of the insured, of the services and merchandise agreed on in the pre–need 1
contract are paid to the beneficiary under the life insurance policy or annuity contract. 2
(ii) A pre–need contract that is funded by a life insura nce policy or 3
an annuity contract shall terminate if the assignment of benefits to the mortician, funeral 4
director, REGISTERED CREMATORY OPERATOR, REGISTERED REDUCTION 5
OPERATOR, or surviving spouse is revoked by the owner of the life insurance policy or 6
annuity contract. 7
(iii) 1. The offer, sale, or assignment of a life insurance policy or 8
annuity contract to fund a pre–need contract is not subject to this section. 9
2. A pre–need contract funded by a life insurance policy or an 10
annuity contract is not subject to subsection (d) or (e) of this section. 11
7–409. 12
(a) Except as provided in subsection (b) of this section, all inspections of funeral 13
establishments shall be unannounced and may take place at any time without notice from 14
the Board. 15
(b) An unannounced inspection may include advance notice that an inspector may 16
be in the region of the funeral establishment for the purpose of conducting an inspection if: 17
(1) The advance notice is no more than 14 days prior to the inspection; 18
(2) No specific date or time is provided for the inspection; and 19
(3) The advance notice is provided solely to ensure that a licensed 20
mortician or funeral director will be on–site for the inspection. 21
(c) (1) This subsection applies to inspections conducted: 22
(i) In response to valid information provided to the Board resulting 23
in a complaint being opened by the Board concerning the preparation or body storage areas 24
of a licensed funeral establishment only if the Board has provided a copy of the complaint 25
to the licensed funeral establishment; or 26
(ii) Of a funeral establishment that the Board has placed on 27
probationary status in accordance with § 7–316(b) of this title. 28
(2) A trained staff member of the Board who is qualified to do inspections 29
may call the supervising mortician of a licensed funeral establishment, as designated under 30
§ 7–310(e) of this title, and request immediate access to the preparation and body storage 31
areas of the funeral establishment. 32
SENATE BILL 413 57
(3) If a request is made under paragraph (2) of this subsection, the 1
supervising mortician immediately shall provide the staff member of the Board with the 2
location of the key or access code to the preparation or body storage areas of the funeral 3
establishment. 4
(4) An employee of a licensed funeral e stablishment is not required to 5
accompany a staff member of the Board while the staff member conducts an inspection of 6
a preparation or body storage area in accordance with this subsection. 7
(d) An unannounced inspection of a licensed funeral establishmen t shall be 8
conducted during the hours that the business of mortuary science is being conducted at the 9
licensed funeral establishment. 10
(e) Within 24 hours after the completion of an unannounced inspection of a 11
licensed funeral establishment, the Board shall provide the results of the inspection to: 12
(1) The holder of the funeral establishment license; or 13
(2) The supervising mortician for the licensed funeral establishment, as 14
designated under § 7–310(e) of this title. 15
(F) THE BOARD SHALL EMPLOY A T LEAST TWO INSPECTO RS TO PERFORM 16
INSPECTIONS UNDER THIS SUBTITLE. 17
7–409.1. 18
ON RECEIPT OF A WRITT EN COMPLAINT , OR AT THE DISCRETION OF THE 19
BOARD, THE BOARD OR THE BOARD’S DESIGNEE MAY CONDUCT AN INVESTIGATION 20
AND AN INSPECTION OF THE RECORDS AND SITE OF A REGISTERED CREM ATORY 21
OPERATOR OR REGISTER ED REDUCTION OPERATO R OR ANY OTHER PERSO N 22
SUBJECT TO THE REGISTRATION OR PERMIT PROVISIONS OF THIS TITLE. 23
7–412. 24
(A) THIS SECTION DOES NOT APPLY TO: 25
(1) A CIVIL ACTION BROUGHT BY A PARTY TO THE PR OCEEDINGS OF 26
THE BOARD WHO CLAIMS TO BE AGGRIEVED BY THE DECISION OF THE BOARD; OR 27
(2) ANY RECORD OR DOCUMENT THAT IS CONSIDERED BY THE BOARD 28
AND THAT OTHERWISE W OULD BE SUBJECT TO D ISCOVERY AND INTRODU CTION 29
INTO EVIDENCE IN A CIVIL TRIAL. 30
58 SENATE BILL 413
(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE 1
PROCEEDINGS, RECORDS, AND FILES OF THE BOARD ARE NOT DISCOVERABLE AND 2
ARE NOT ADMISSIBLE IN EVIDENCE IN ANY CIVIL ACTION. 3
(2) THE PROCEEDINGS , RECORDS, AND FILES OF THE BOARD ARE 4
CONFIDENTIAL AND ARE NOT DI SCOVERABLE AND ARE N OT ADMISSIBLE IN 5
EVIDENCE IN ANY CIVI L ACTION ARISING OUT OF MATTERS THAT ARE BEING 6
REVIEWED AND EVALUATED BY THE BOARD IF REQUESTED BY THE FOLLOWING: 7
(I) THE DEPARTMENT TO ENSURE COMPLIANCE WITH THE 8
PROVISIONS OF § 19–319 OF THE HEALTH – GENERAL ARTICLE; 9
(II) A HEALTH MAINTENANCE O RGANIZATION TO ENSUR E 10
COMPLIANCE WITH THE PROVISIONS OF TITLE 19, SUBTITLE 7 OF THE HEALTH – 11
GENERAL ARTICLE AND APPLICABLE REGULATIONS; 12
(III) A HEALTH MAINTENANCE O RGANIZATION TO ENSUR E 13
COMPLIANCE WITH THE NATIONAL COMMITTEE FOR QUALITY ASSURANCE (NCQA) 14
CREDENTIALING REQUIREMENTS; OR 15
(IV) AN ACCREDITING ORGANIZATION TO ENSURE COMPLIANCE 16
WITH ACCREDITATION REQUIREMENTS OR THE PROCEDURES AND POLICIES OF THE 17
ACCREDITING ORGANIZATION. 18
(3) IF THE PROCEEDINGS, RECORDS, AND FILES OF THE BOARD ARE 19
REQUESTED BY ANY PERSON FROM ANY OF THE ENTITIES IN PARAGRAPH (2) OF THIS 20
SUBSECTION: 21
(I) THE PERSON SHALL GIVE THE BOARD NOTICE BY 22
CERTIFIED MAIL OF TH E NATURE OF THE REQU EST AND THE BOARD SHALL BE 23
GRANTED A PROTECTIVE ORDER PREVENTING THE RELEASE OF ITS PROCEEDINGS, 24
RECORDS, AND FILES; AND 25
(II) THE ENTITIES LISTED I N PARAGRAPH (2) OF THIS 26
SUBSECTION MAY NOT R ELEASE ANY OF THE PR OCEEDINGS, RECORDS, AND FILES 27
OF THE BOARD. 28
(C) (1) A PERSON SHALL HA VE THE IMMUNITY FROM LIABILITY 29
DESCRIBED UNDER § 5–637 OF THE COURTS ARTICLE FOR ANY ACTIO N AS A 30
MEMBER OF THE BOARD OR FOR GIVING I NFORMATION TO, PARTICIPATING IN, OR 31
CONTRIBUTING TO THE FUNCTION OF THE BOARD. 32
SENATE BILL 413 59
(2) A CONTRIBUTION TO THE FUNCTION OF THE BOARD INCLUDES 1
ANY STATEMENT BY ANY PERSON, REGARDLESS OF WHETHE R IT IS A DIRECT 2
COMMUNICATION WITH THE BOARD, THAT IS MADE WITHIN THE CONTEXT OF THE 3
PERSON’S EMPLOYMENT OR IS MADE TO A PERSON WITH A PROFESSIONAL INTEREST 4
IN THE FUNCTIONS OF A MEDICAL REVIEW COMMITTEE AND IS INTENDED TO LEAD 5
TO REDRESS OF A MATTER WITHIN THE SCOPE OF THE BOARD’S FUNCTIONS. 6
7–501. 7
(A) Except as otherwise provided in this title, a person may not practice, attempt 8
to practice, offer to practice, or assist in the practice of mortuary science in this State unless 9
licensed by the Board. 10
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, AN INDIVIDUAL MAY 11
NOT ENGAGE IN THE OP ERATION OF A CREMATO RY, ATTEMPT TO ENGAGE IN THE 12
OPERATION OF A CREMA TORY, OR PROVIDE OR OFFER TO PROVIDE CREMATION 13
SERVICES UNLESS THE INDIVIDUAL IS AUTHORIZED AS A REGISTRANT. 14
(C) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, AN INDIVIDUAL MAY 15
NOT ENGAGE IN THE OPERATION OF A REDUCTION FACILITY, ATTEMPT TO ENGAGE 16
IN THE OPERATION OF A REDUCTION FACILITY, OR PROVIDE OR OFFER TO PROVIDE 17
NATURAL ORGANIC REDU CTION UNLESS THE IND IVIDUAL IS A REGISTE RED 18
REDUCTION OPERATOR. 19
7–501.1. 20
EXCEPT FOR A REGISTER ED CREMATORY OPERATO R, OR A REGISTERED 21
REDUCTION OPERATOR WHO OPERATES A BUSINE SS AS A SOLE PROPRIE TOR OR A 22
REGISTRANT EMPLOYED BY A SOLE PROPRIETOR , A PERSON MAY NOT ENG AGE IN 23
THE OPERATION OF A CREMATORY OR REDUCTION FACILITY UNLESS: 24
(1) THE BUSINESS IS A CORPORATION, LIMITED LIABILITY COMPANY, 25
OR PARTNERSHIP; AND 26
(2) THE CORPORATION , LIMITED LIABILITY COMPANY, OR 27
PARTNERSHIP HOLDS A PERMIT ISSUED UNDER THIS TITLE. 28
7–502. 29
(A) Unless authorized to practice mortuary science under this title, a person may 30
not represent to the public by title, by description of services, methods, or procedures, or 31
otherwise, that the person is authorized to practice mortuary science in this State. 32
60 SENATE BILL 413
(B) UNLESS A PERSON IS AU THORIZED AS A REGIST RANT, A PERSON MAY 1
NOT REPRESENT TO THE PUBLIC, BY USE OF A TITLE , INCLUDING CREMATORY 2
OPERATOR, REGISTERED CREMATORY OPERATOR, REGISTERED REDUCTION 3
OPERATOR, OR REGISTERED SELLER REDUCTION OPERATOR, BY DESCRIPTION OF 4
SERVICES, METHODS, OR PROCEDURES , OR OTHERWISE , THAT THE PERSON IS 5
AUTHORIZED TO ENGAGE IN THE OPERATION OF A CREMATORY OR REDUC TION 6
FACILITY. 7
7–701. 8
This title may be cited as the “Maryland Morticians [and], Funeral Directors, AND 9
CREMATORIES Act”. 10
7–510. 11
(A) (1) IF A PERSON REGULATED BY THE BOARD IS CHARGED WITH A 12
VIOLATION OF THIS TITLE FOR WHICH A LICE NSE, REGISTRATION, OR PERMIT MAY 13
BE SUSPENDED OR REVOKED , THE BOARD MAY SEEK AN INJ UNCTION OR 14
RESTRAINING ORDER IN A COURT OF COMPETENT JURISDICTION IN THE STATE TO 15
PROHIBIT THE PERSON FROM: 16
(I) PRACTICING MORTUARY SCIENCE OR FUNERAL DIRECTION; 17
OR 18
(II) OPERATING A CREMATORY OR REDUCTION FACILITY. 19
(2) AN INJUNCTION OR REST RAINING ORDER ISSUED UNDER THIS 20
SUBSECTION SHALL REMAIN EFFECTIVE UNTIL: 21
(I) THE COURT LIFTS THE I NJUNCTION OR RESTRAI NING 22
ORDER; OR 23
(II) THE CHARGES ARE FULLY ADJUDICATED OR DISMISSED. 24
(B) IF THE HOLDER OF AN ESTABLISHMENT LICENSE OR PERMIT THAT IS 25
REGULATED BY THE BOARD IS CHARGED WITH A VIOLATION OF THIS TITLE FOR 26
WHICH THE LICENSE OR PERMIT MAY BE SUSPENDED OR REVOKED, THE BOARD MAY 27
PETITION A COURT OF COMPETENT JURISDICTION TO: 28
(1) APPOINT A RECEIVER OR TRUSTEE TO TAKE CHAR GE OF THE 29
ASSETS AND OPERATE T HE BUSINESS OF THE E STABLISHMENT LICENSE E OR 30
PERMIT HOLDER IN THE EVENT THAT THE LICEN SE OR PERMIT IS SUSP ENDED OR 31
REVOKED; AND 32
SENATE BILL 413 61
(2) TAKE ANY OTHER ACTION AUTHORIZED BY LAW TO PROTECT THE 1
PUBLIC INTEREST. 2
SECTION 2. AND BE IT FURTHER ENACTED, That: 3
(a) Except as provided in this section, on October July 1, 2026: 4
(1) the responsibility for regulating crematories and reduction facilities 5
currently in the Office of Cemetery Oversight shall be transferred to the State Board of 6
Morticians, Funeral Directors, and Crematories Morticians and Funeral Directors; and 7
(2) all the functions, powers, duties, books, and records (including 8
electronic records) of the Office of Cemetery Oversight related to the regulation of 9
crematories and reduction facilities shall be transferred to the State Board of Morticians, 10
Funeral Directors, and Crematories Morticians and Funeral Directors. 11
(b) The Office of Cemetery Oversight shall retain jurisdiction over: 12
(1) complaints regarding crematories and reduction facilities filed with the 13
Office before the effective date of this Act until the complaint is closed or otherwise resolved; 14
and 15
(2) persons who are the subject of the complaints described in item (1) of 16
this subsection to the extent necessary to close or otherwise resolve the complaint. 17
SECTION 3. AND BE IT FURTHER ENACTED, That: 18
(a) A person registered as a crematory operator or reduction operator or who 19
holds a permit to engage in the operation of a crematory or reduction facility issued by the 20
Office of Cemetery Oversight is considered for all purposes to be registered or a permit 21
holder for the duration of the term for which the registration or permit was issued and may 22
renew the authorization in accordance with the appropriate renewal provisions provided 23
under this Act. 24
(b) A person that was originally registered or issue d a permit under a provision 25
of law that has been repealed by this Act as obsolete or inconsistent continues to meet the 26
requirements of the registration to the same extent as though that provision had not been 27
repealed. 28
SECTION 4. AND BE IT FURTHER ENACTED, That, beginning in fiscal year 2028, 29
a Position Identification Number (PIN) shall be created in the State Board of Morticians 30
and Funeral Directors for a full–time inspector position. 31
SECTION 5. AND BE IT FURTHER ENACTED, That: 32
(a) The State B oard of Morticians and Funeral Directors shall convene a 33
stakeholder workgroup that includes representatives from the Maryland State Funeral 34
62 SENATE BILL 413
Directors Association and the Maryland Cemetery and Cremation Association to review the 1
statutes in and the regulat ions adopted in accordance with Title 7 of the Health 2
Occupations Article, as enacted by Section 1 of this Act. 3
(b) On or before December 31, 2026, the State Board of Morticians and Funeral 4
Directors shall report to the Senate Finance Committee and the House Health Committee, 5
in accordance with § 2 –1257 of the State Government Article, on any findings and 6
recommended changes that result from the stakeholder workgroup. 7
SECTION 4. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October July 1, 2026. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.