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Home » US Law » 2022 Maryland Statutes » Health - General » Title 5 - Death » Subtitle 5 - Miscellaneous Provisions

Section 5-501 – Consent for Postmortem Examination

    (a)    Consent for a postmortem examination of a body by a physician is sufficient if the consent is given as provided in this section.     (b)    (1)    The consent may be given by any one of the following persons if that person, whether alone or with another, has assumed control of the body for its final disposition:             (i)    A parent; […]

Section 5-502 – Cremation — Required Identification and Authorization

    (a)    This section does not apply to the disposition of a body by a school of medicine or dentistry.     (b)    Except as otherwise provided in this section, a person may not cremate a body until it has been identified by:         (1)    The next of kin;         (2)    A person who is authorized to arrange for final disposition of the body […]

Section 5-505 – Use of Casket

    (a)    Except as provided in subsection (b) of this section, a person may not require that a cremation be performed with a casket. However, the use of a simple container may be required.     (b)    The person arranging for final disposition of a body may specify that a casket:         (1)    Be used before cremation;         (2)    Be consumed during cremation;         (3)    Be […]

Section 5-506 – Control of Body by Health Officer

    (a)    A health officer may take control of a body that is being kept in a room where an individual lives and that is in a condition that endangers an individual in the house where the body is kept if:         (1)    At least 3 individuals living near the house or a physician asks the health officer, in […]

Section 5-507 – Penalty

    (a)    A person who violates any provision of § 5-502, § 5-503, § 5-504, or § 5-505 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.     (b)    A person who violates any provision of § 5-506(b) of this subtitle is guilty of a misdemeanor and on conviction […]

Section 5-508 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Authorizing agent” means the individual who has legal authority to arrange for and make decisions regarding the final disposition of a dead human body, including by cremation.     (c)    “Cremation” means the disposition of a dead human body by means of incineration.     (d)    “Crematory” is a building in […]

Section 5-509 – Disposition of Body Other Than by Will

    (a)    (1)    Any individual who is 18 years of age or older may decide the disposition of the individual’s own body after that individual’s death without the predeath or post–death consent of another person by:             (i)    Executing a document that expresses the individual’s wishes regarding disposition of the body, including a document designating a person to act as […]

Section 5-511 – Reliance on Authorizing Agent’s Representations; Duty to Investigate; Filing to Become Authorizing Agent

    (a)    A practitioner and an operator of a crematory may rely on the representations made by an authorizing agent and are not guarantors of the reliability of those representations.     (b)    A practitioner and an operator of a crematory have no responsibility to contact or to independently investigate the existence of any next of kin of the decedent. […]

Section 5-513 – Handling of Human Remains

    (a)    On taking custody of the body of a decedent in accordance with all authorizations required by law, a funeral establishment or crematory shall maintain the body in a manner that provides for complete coverage of the body and prevents leakage or spillage except during:         (1)    Identification, embalming, or preparation of an unembalmed body for final disposition; […]

Section 5-514 – Burial or Disposal of Body

    (a)    An individual may not bury or dispose of a body except:         (1)    In a family burial plot or other area allowed by a local ordinance;         (2)    In a crematory;         (3)    In a cemetery;         (4)    By donating the body to medical science; or         (5)    By removing the body to another state for final disposition in accordance with the laws of the […]