10.29.16-.20 Cremation Flashcards Preview

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Flashcards in 10.29.16-.20 Cremation Deck (155)
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91

The Board and the Office of Cemetery Oversight may share investigative information and conduct joint investigations.

10.29.18.05 Investigations

92

Prusuant to the provisions of Health Occupations Article 7-316 and 7-319, Annotated Code of Maryland, the Board may:

  1. Deny a crematory permit or crematory operator registration to an applicant;
  2. Reprimand any permit holder or registered crematory operator; or
  3. Suspend or revoke a crematory permit or crematory operator registration.

10.29.18.06 Grounds for Discipline, Hearing, and Penalties.

A.

93

Pursuant to the provisions of Heath Occupations Article 7-317, Annotated Code of Maryland, if the Board, after bringing an action, finds that there are grounds for probation, suspension, or revocation, the Board may impose a penalty not exceeding $5,000.

10.29.18.06 Grounds for Discipline, Hearing, and Penalties.

B.

94

This chapter governs the procedures to be followed in performing a cremation in this state.

10.29.19 Crematories- Cremation Procedure

.01 Scope

95

  1. Verify that the information on the wrist tag is consistent with the:
    • Documentation accompanying the deceased; and
    • Visual observation of the remains themselves;

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(1)

96

Use a metal detector want to inspect for the presence of any batter operated, implant devices including pacemakers, defibrillators, or pain relief devices.

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(2)

97

Refuse to accept human remains for cremation if an inspection of the human remains indicates the presence of any battery operated, implanted device;

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(3)

98

Remove and properly dispose of any hazardous object or any other materials that the individual authorized under this subtitle deems should be removed from the human remains or cremation container in order to prevent harm to the public health or damage to the cremator;

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(4)

99

Remove any jewery on the human remains or in the cremation container;

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(5)

100

Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging crematory services; and

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(6)

101

Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging crematory services for the removed jewelry and retain the receipt as a permanent record.

10.29.19.02 Removal, Identification, and Transportation of Human Remains

A. Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(7)

102

Foreign objects removed from the human remains:

  1. Shall be treated as medical waste and disposed of accordingly; and
  2. May not be donated until a sterilization process through a third party recognized by the Board to dispose properly of medical waste has been performed.

10.29.19.02 Removal, Identification, and Transportation of Human Remains

B.

103

Materials identifying the human remains that are placed in the custody of a permit holder shall contain the following information about the decedent:

  1. Name
  2. Date of birth
  3. Date of death
  4. Name of funeral establishment or authorizing agent;
  5. Gender; and
  6. Name and relationship of authorizing agent to deceased.

10.29.19.02 Removal, Identification, and Transportation of Human Remains

C.

104

A permit holder may not accept for cremation unidentified human remains.

10.29.19.02 Removal, Identification, and Transportation of Human Remains

D.

105

  • A. Shall be readily combustible, rigid container suitable for cremation;
  • B. Shall provide a completely enclosed covering for the human remains;
  • C. Shall be resistant to leakage or spillage;
  • D. Shall be of sufficient strength and rigidity for ease of handling;
  • E. Shall provide protection to the health and safety of crematory establishment personnel and the public;
  • F. Shall comply with all local, state, and federal governmental emmissions regulations;
  • G. May not be composed of metal or polyethylene material; and
  • H. If it appears to be heavily coated with varnish, lacquer, or any other highly combustible substance, shall be:
    1. Placed in a cold cremator; or
    2. Coated completely with water before being placed in the cremator.

10.29.19.03 Cremation Containers

A cremation container:

106

  • A. Comply with applicable public health laws;
  • B. Preserve the dignity of human remains;
  • C. Recognize the integrity, health, and safety of crematory established personnel; and
  • D. Be secure from access by unauthorized persons.

10.29.19.04 Holding Facilities

A holding facility shall:

107

Human remains that have been designated for cremation shall be cremated within 48 hours after receipt.

10.29.19.05 Holding Remains

A.

108

A permit holder may not hold human remains for cremation unless the human remains are contained within an individual, rigid, stackable, closed cremation container.

10.29.19.05 Holding Remains

B.

109

A permit holder may not accept a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein.

10.29.19.05 Holding Remains

C.

110

Whenever human remains are unable to be cremated within 48 hours of taking custody thereof, the permit holder shall maintain the human remains in a refrigerated holding facility, either on or off site, at 40 degrees F or less, unless the remains have been embalmed.

10.29.19.05 Holding Remains

D.

111

Immediately before being placed within the cremation chamber, the individual authorized under this subtitle shall:

  1. Verify the identification of the human remains; and
  2. Place in the cremator the circular hard metal identification tag of the human remains being cremated where it shall remain in place until the cremation process is complete.

10.29.19.06 Identification Immediately Before Cremation; Simultaneous Cremation of Multiple Human Remains

A.

112

The permit holder's designee may not leave the immediate area of the cremator during the cremation process.

10.29.19.06 Identification Immediately Before Cremation; Simultaneous Cremation of Multiple Human Remains

B.

113

  1. The permit holder shall maintain the written authorizations required by Regulation .08 of this chapter as required pursuant to Health-General Article 4-304, Annotated Code of Maryland, and COMAR 10.01.16.04B.
  2. The records are subject to inspection and copying by the Board.

10.29.19.06 Identification Immediately Before Cremation; Simultaneous Cremation of Multiple Human Remains

C. Records.

114

  1. The body has been identified as required under Health Occupations Article 7-411, Annotated Code of Maryland:
  2. The permit holder crematory has recieved:
    • A cremation authorization on a form approved by the Board and signed by an authorizing agent;
    • If applicable, a written delegation or facismile; and
    • Any other documentation required by federal, State, or local law; and
  3. The permit holder has documented that at least 12 hours have elasped from the time of death of the individual whose remains are to be cremated.

10.29.19.07 Cremation Authorization

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

 

115

Be provided by the permit holder to the authorizing agent;

10.29.19.07 Cremation Authorization

B. The Cremation Authorization form shall:

(1)

116

Contain the following information:

  • The identity of the human remains;
  • Date of death;
  • The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;
  • Authorization for the permit holder to cremate the human remains;
  • Authorization to verify that the following have been removed before cremation:
    • An implanted pacemaker or defibrillator; and
    • Any other materials that should be removed to prevent harm to the public health or damage to equipment;
  • A representation by the authorizing agent that radiologic implant tratment has not occurred within 5 days before cremation;
  • A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains;
  • The name and address of the person authorized to claim the cremated remains from the permit holder or to accept the cremated remains via the current mailing standard approved by the US postal service; and
  • The name and address of the crematory to which the authorizing agent has given permission; and

10.29.19.07 Cremation Authorization

B. The Cremation Authorization form shall:

(2)

117

Be signed by the authorizing agent.

10.29.19.07 Cremation Authorization

B. The Cremation Authorization form shall:

(3)

118

If an authorizing agent is not readily available to execute the cremation authorization form, the authorizing agent may transit the document in writing with a notary sealed electronically:

  1. In writing; or
  2. If located outside the area, by transmitting to the permit holder:
    1. A signed statement electronically or by facismile 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. Once the authorizing agent is located in the area, a notarized document through U.S. postal service attesting to the delegation of authority.

10.29.19.07 Cremation Authorization

C.

119

Upon receipt of the written delegation document or a copy transmitted electronically of by facismile, the permit hoder shall allow the named individual to serve as authorizing agent. The documents shall be signed by the authorizing agent in the presence of a notary.

10.29.19.07 Cremation Authorization

D.

120

A person signing a cremation authorization form is deem to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased and whose remains are sought to be cremated and the authority of that person to order such a cremation.

10.29.19.07 Cremation Authorization

E.