1. A. Except as otherwise provided in this regulation, a permit holder may not cremate or hydrolyze human remains until:

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

   2. (2) The crematory has received:

      1. (a) A crematory services authorization on a form approved by the Office and signed by an authorizing agent;
      2. (b) If applicable, a written delegation document or facsimile; and
      3. (c) Any other documentation required by federal, State, or local law; and
   3. (3) The permit holder has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to be processed.

2. B. The crematory services authorization form shall:

   1. (1) Be provided by the permit holder to the authorizing agent, and signed by the authorizing agent;

   2. (2) Contain the following information:

      1. (a) The identity of the decedent;
      2. (b) Date of death;
      3. (c) The name and address of the crematory where the cremation or alkaline hydrolysis will occur;
      4. (d) The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;
      5. (e) Authorization for the permit holder to cremate or hydrolyze the human remains;
      6. (f) Indicate whether the decedent is a veteran, as defined in State Government Article, §9-90,1 Annotated Code of Maryland, or an eligible dependent, as defined in Business Regulation Article, §5-803, Annotated Code of Maryland;

      7. (g) Authorization to verify that the following have been removed prior to cremation or alkaline hydrolysis:

         1. (i) Implanted pacemaker or defibrillator; or
         2. (ii) Any other materials that the crematory authority deems should be removed to prevent harm to the public health or damage to equipment;
      8. (h) A representation by the authorizing agent that radiological implant treatment has not occurred to the human remains within 5 days before cremation or alkaline hydrolysis;
      9. (i) A representation that the authorizing agent is aware of no objection to the human remains being processed by any person who has a right to control the disposition of the human remains; and
      10. (j) The name and address of the person authorized to claim the processed remains from the permit holder or accept the processed remains via registered mail; and
   3. (3) Be signed by the authorizing agent.

3. C. If an authorizing agent is not available to execute the crematory services authorization form, the authorizing agent may delegate that authority to another individual:

   1. (1) In writing; or

   2. (2) If located outside the area, by transmitting to the crematory authority:

      1. (a) A signed, notarized statement, electronically or by facsimile device, that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated; and
      2. (b) Once the authorizing agent is located in the area, a notarized statement, through the United States Postal Service attesting to the delegation of authority.
4. D. Upon receipt of the written delegation document or a copy of the delegation statement transmitted electronically or by facsimile device, the crematory authority shall allow the named individual to serve as the authorizing agent. The documents shall be signed by the authorizing agent in the presence of a notary.
5. E. A person signing a crematory services authorization form is deemed to warrant the truthfulness of any facts set forth in the authorization form, including the identity of the deceased whose remains are sought to be processed and the authority of that person to order such a cremation or alkaline hydrolysis.
6. F. A permit holder shall notify and obtain the written consent of the authorizing agent before the cremation or alkaline hydrolysis of human remains at a location other than the location named on the cremation or alkaline hydrolysis authorization form.
7. G. A permit holder shall maintain a copy of every crematory services authorization form required under this regulation as permanent records.
8. H. Crematory services authorization records are subject to inspection and copying by the Office.

Authority: Business Regulation Article, §5-204, Annotated Code of Maryland

Effective date: March 31, 2014 (41:6 Md. R. 378)

Regulation .01 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .02 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .03 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .05 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .06 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .07 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .08 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .09 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .10 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .11 amended effective April 13, 2026 (53:7 Md. R. 327)

Regulation .12B amended effective April 13, 2026 (53:7 Md. R. 327)