1. A. Office of Cemetery Oversight. An individual shall obtain a permit to engage in the operation of a crematory from the Office:

   1. (1) If the individual:

      1. (a) Holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland; and
      2. (b) Owns a greater interest in a crematory than a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland;
   2. (2) If the person’s ownership interest is equal to the ownership interest in the crematory of a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; or

   3. (3) If the person who owns the crematory is not:

      1. (a) A licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; or
      2. (b) A registrant or permit holder under Business Regulation Article, Title 5, Annotated Code of Maryland.
2. B. A permit issued by the Office shall specify whether the crematory is authorized to offer and perform either cremation services, alkaline hydrolysis services, or both.

3. C. Board of Morticians and Funeral Directors. A person shall obtain a permit to engage in the operation of a crematory from the Board if the person:

   1. (1) Is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; and
   2. (2) Owns a greater interest in a crematory than a person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland.

4. D. Before obtaining a permit from the Board, a crematory may cremate or hydrolyze the human remains of one decedent provided the:

   1. (1) Cremation or hydrolysis is only performed as part of the manufacturer’s operator training course for the cremation machinery or the hydrolysis unit in which the cremation or hydrolysis takes place; and
   2. (2) The person or persons with the right to final disposition of the decedent are notified and have given permission before the cremation or the alkaline hydrolysis occurs.

Authority: Business Regulation Article, §§5-101, 5-204, and 5-303; Health Occupations Article, §§1-213, 7-101, 7-102, 7-205, 7-314—7-316, and 7-319, Annotated Code of Maryland

Effective date: April 14, 2014 (41:7 Md. R. 421)

Regulation .02C adopted as an emergency provision effective August 28, 2014 (41:19 Md. R. 1075); adopted permanently effective November 10, 2014 (41:22 Md. R. 1319)

Regulation .02B amended effective May 11, 2026 (53:9 Md. R. 413)

Regulation .03B amended effective May 11, 2026 (53:9 Md. R. 413)

Regulation .04 amended effective May 11, 2026 (53:9 Md. R. 413)

Regulation .06A, B, E amended effective May 11, 2026 (53:9 Md. R. 413)

Regulation .07B amended effective May 11, 2026 (53:9 Md. R. 413)