1. A. Except as otherwise provided in COMAR 10.29.18.02, a permit holder may not cremate or hydrolyze human remains until:

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

   2. (2) The permit holder crematory has received:

      1. (a) A crematory services authorization on a form approved by the Board 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 prior to beginning cremation or alkaline hydrolysis.

2. B. The crematory services authorization form shall:

   1. (1) Be provided by the permit holder to 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 authorizing agent and the relationship between the authorizing agent and the deceased;
      4. (d) Authorization for the permit holder to cremate or hydrolyze the human remains;

      5. (e) An indication of whether the decedent is:

         1. (i) A veteran, as defined in State Government Article, § 9-901, Annotated Code of Maryland; or
         2. (ii) An eligible dependent of a veteran, as defined in Business Regulation Article, §5-803, Annotated Code of Maryland;

      6. (f) Authorization to verify that the following have been removed before cremation or alkaline hydrolysis:

         1. (i) An implanted pacemaker or defibrillator; and
         2. (ii) Any other materials that should be removed to prevent harm to the public health or damage to equipment;
      7. (g) A representation by the authorizing agent that radiologic implant treatment has not occurred within 5 days before cremation or alkaline hydrolysis;
      8. (h) 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;
      9. (i) The name and address of the person authorized to claim the processed human remains from the permit holder or to accept the processed remains via registered mail; and
      10. (j) The name and address of the crematory to which the authorizing agent has given permission; and
   3. (3) Be signed by the authorizing agent.

3. C. If an authorizing agent is not readily available to execute the crematory services authorization form, the authorizing agent may transmit the document in writing with notary seal electronically:

   1. (1) In writing; or

   2. (2) If located outside the area, by transmitting to the permit holder:

      1. (a) A signed statement electronically or by facsimile that contains the name, address, and relationship of the sender to the decedent 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 document through U.S. Postal Service attesting to the delegation of authority.
4. D. Upon receipt of the written delegation document or a copy transmitted electronically or by facsimile, the permit holder 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 crematory services 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 written consent of the authorizing agent before the cremation or the alkaline hydrolysis of human remains at a location other than the location named on the crematory services 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 Board.

Authority: Health-General Article, §§5-502—5-504, 5-508, and 5-511—5-514; Health Occupations Article, §§7-101, 7-102, and 7-205, Annotated Code of Maryland

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

Chapter revised effective May 11, 2026 (53:9 Md. R. 413)