Md. Code, Bus. Reg. § 5-204

Current with changes from the 2024 Legislative Session

Section 5-204 - Powers and duties of Director

(a)

(1) With the advice of the Advisory Council and after consultation with representatives of the cemetery industry, the Director shall adopt:

(i) rules and regulations to carry out this title; and

(ii) a code of ethics for engaging in the operation of a cemetery , crematory, or reduction facility or providing burial goods.

(2) In conjunction with the State Board of Morticians and Funeral Directors, the Director shall:

(i) establish a process for regulating crematories And reduction facilities that provides for:

1. registration of crematory operators and reduction facility operators or issuance of permits for operating crematories and reduction Facilities, and renewal;

2. applications, including certification of ownership and identification of individuals who will perform alkaline hydrolysis, cremation, or natural organic reduction;

3. registration and permit fees;

4. inspections and oversight;

5. grounds for discipline and penalties; and

6. complaints and hearings; and

(ii) adopt regulations that are identical to regulations adopted by the State Board of Morticians and Funeral Directors to:

1. implement item (i) of this paragraph; and

2. ensure public health and safety.

(3) The Director shall adopt regulations that:

(i) Require a registered reduction operator to notify the authorizing agent in writing and before initiating natural organic reduction that a personwho uses or disposes of soil remains is in violation of § 5-514 of the Health - General Article;

(ii) Require a reduction facility to monitor and record written verification that the temperature during each instance of a natural organic reduction process attains a specified minimum internal equipment temperature for a specified minimum period of time;

(iii) Establish appropriate standards for training and experience for the registration of reduction operators;

(iv) Prohibit the use of natural organic reduction in any instance in which the human remains are known, or reasonably suspected, to be embalmed or to have an infection, disease, or biological condition that renders the process of natural organic reduction or the resulting soil remains unreasonably unsafe, including:

1. Creutzfeldt -Jakob disease or other prion disease;

2. Ebola virus infection;

3. Mycobacterium tuberculosis infection;

4. the presence of diagnostic or therapeutic radioisotopes; or

5. any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of a federal, State, or local health authority;

(v) establish a mandatory contamination testing program for reduction facilities to ensure the safety of soil remains produced, including the following minimum program elements:

1. collecting routine material samples from soil remains for analysis using:

A. a reliable sampling methodology; and

B. an appropriate frequency of sampling, as recommended or approved by the U.S. Composting Council or another reliable scientific advisory authority;

2. recording and retaining the results of an analysis of samples from the soil remains conducted by an independent third-party laboratory to identify the presence of heavy metals or microbial pathogens according to the appropriate contamination parameters for biosolids speciified by the U.S. Environmental Protection Agency under Title 40 C.F.R. Part 503, Chapter I, Subchapter O;

3. conducting an analysis for each production of soil remains to ensure that the soil remains contain less than 0.01 mg/kg dry weight of specific physical contaminants, which may include intact bone, dental fillings, and medical implants;

4. ensuring that no soil remains are released until the soil remains comply with each of the applicable contamination testing parameters; and

5. periodic reporting of testing results to appropriate State and local health authorities that have requested the results; and

(vi) establish any other reasonable prohibition, rule, or requirement the Director determines is necessary to protect the public health and safety during the process of natural organic reduction.

(b) Upon receipt of a written complaint, or at the discretion of the Director, the Director or the Director's designee may conduct an investigation and an inspection of the records and site of a registered cemeterian, registered crematory operator, registered reduction operator, registered seller, permit holder, or any other person subject to the registration or permit provisions of this title.

(k) In conjunction with the State Board of Morticians and the Division of Consumer Protection of the Office of the Attorney General, the Director shall publish a consumer information pamphlet that describes:

(1) the rights of consumers in the purchase of funeral, cemetery, crematory goods and services, and natural organic reduction; and

(2) any other information that the Director considers reasonably necessary to aid consumers.

Md. Code, BR § 5-204

Amended by 2024 Md. Laws, Ch. 600,Sec. 1, eff. 10/1/2024.

Amended by 2024 Md. Laws, Ch. 599,Sec. 1, eff. 10/1/2024.