Md. Code Ann., Health-Gen. § 5-511
Crematory or reduction facility practitioner obligations
Effective Oct 1, 2024Added as Health-General § 5-502.4 by Acts 1994, c. 517, § 1, eff. Oct. 1, 1994. Renumbered as Health-General § 5-511 and amended by Acts 1995, c. 517, § 1, eff. Oct. 1, 1995. Amended by Acts 2024, c. 599, § 1, eff. Oct. 1, 2024; Acts 2024, c. 600, § 1, eff. Oct. 1, 2024.State of Maryland
- (a) A practitioner and an operator of a crematory or reduction facility may rely on the representations made by an authorizing agent and are not guarantors of the reliability of those representations.
- (b) A practitioner and an operator of a crematory or reduction facility have no responsibility to contact or to independently investigate the existence of any next of kin of the decedent.
(c) An individual may file a petition with the appropriate court to obtain the authority to be authorizing agent:
- (1) If the individual alleges that permitting one or more of the individuals with priority under § 5-509(c) of this subtitle to authorize arrangements for the final disposition of the body of a decedent may cause substantial injustice; or
- (2) If, considering all the circumstances, an individual other than an individual with priority under § 5-509(c) of this subtitle had a closer personal affinity to the decedent and should be allowed to make the arrangements.
- (d) Pending the outcome of a petition filed under this section, a practitioner shall suspend any arrangements with the individuals under § 5-509(c) of this subtitle.
Added as Health-General § 5-502.4 by Acts 1994, c. 517, § 1, eff. Oct. 1, 1994. Renumbered as Health-General § 5-511 and amended by Acts 1995, c. 517, § 1, eff. Oct. 1, 1995. Amended by Acts 2024, c. 599, § 1, eff. Oct. 1, 2024; Acts 2024, c. 600, § 1, eff. Oct. 1, 2024.