Home Table of Contents

§ 7-406. Cremations; recordkeeping requirements; unclaimed cremains

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2021

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 7. Morticians and Funeral Directors (Refs & Annos)
Subtitle 4. Miscellaneous (Refs & Annos)
Effective: October 1, 2021
MD Code, Health Occupations, § 7-406
§ 7-406. Cremations; recordkeeping requirements; unclaimed cremains
Currentness
In general
(a) A licensee shall maintain a complete file of a cremation that includes the signature of the next of kin, person identifying the body, or person responsible for disposition, time of death, and the date and time of cremation.
Unclaimed cremains; notice to veterans assistance organization
(b)(1)(i) In this subsection the following words have the meanings indicated.
(ii) “Eligible dependent” means a veteran's spouse, a veteran's unmarried child under the age of 21 years, or a veteran's unmarried adult child who before the age of 21 became permanently incapable of self-support because of physical or mental disability.
(iii) 1. “Identifying information” means data required by a veterans service organization to verify the eligibility of a veteran or an eligible dependent for burial in a national or state veterans cemetery.
2. “Identifying information” includes name, service number, Social Security number, date of birth, date of death, place of birth, and copy of the death certificate.
(iv) “Veteran” has the meaning stated in § 9-901 of the State Government Article.
(v) “Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of the association or entity.
(2) If a licensed funeral establishment or a crematory is in possession of cremated human remains that have been unclaimed for 90 days or more, the licensed funeral establishment or holder of the permit for the business of operating a crematory shall provide identifying information of the unclaimed cremains to a veterans service organization in order for the veterans service organization to determine if the unclaimed cremains are those of a veteran or an eligible dependent.
(3) Within 45 days after receipt of the information required under paragraph (2) of this subsection, the veterans service organization shall notify the licensed funeral establishment or permit holder:
(i) Whether the cremains are those of a veteran or an eligible dependent; and
(ii) If so, whether the veteran or eligible dependent is eligible for burial in a veterans cemetery.
(4) If the unclaimed cremains are those of a veteran or an eligible dependent, the licensed funeral establishment or permit holder may transfer the cremains to a veterans service organization for the purpose of the appropriate disposition of the cremains.
(5) If a veterans service organization does not take possession of unclaimed cremains that qualify for a plot in a State veterans' cemetery under § 9-906 of the State Government Article within 10 days after the licensed funeral establishment or permit holder receives the notification required under paragraph (3) of this subsection, the licensed funeral establishment or permit holder shall:
(i) Notify the Department of Veterans Affairs of the status of the cremains for the purpose of the appropriate disposition of the cremains; and
(ii) Transfer the cremains to the Department of Veterans Affairs for the purpose of the appropriate disposition of the cremains.

Credits

Added as Health Occupations § 6-405 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Renumbered as Health Occupations § 7-405 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Renumbered as Health Occupations § 7-406 and amended by Acts 1992, c. 155, § 1, eff. Oct. 1, 1992. Amended by Acts 2015, c. 349, § 1, eff. Oct. 1, 2015; Acts 2021, c. 338, § 1, eff. Oct. 1, 2021; Acts 2021, c. 339, § 1, eff. Oct. 1, 2021.
Formerly Art. 43, § 367A.
MD Code, Health Occupations, § 7-406, MD HEALTH OCCUP § 7-406
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document