Md. Code Regs. 09.34.08.09 - Use of a Casket; Embalming

A. Except as provided in §B of this regulation, a crematory authority may not:
(1) Require that human remains be placed in a casket before cremation or that human remains be cremated in a casket;
(2) Refuse to accept human remains for cremation because the remains are not in a casket; or
(3) Refuse to accept human remains for cremation because the remains are in a suitable, combustible wooden casket, but may request the authorizing agent or funeral establishment engaging the services of the crematory authority to remove the metal mattress holder in the casket.
B. Human remains delivered to a crematory authority may not be removed from the cremation container and the cremation container shall be cremated with the human remains unless the authorizing agent for the deceased requests that the human remains be placed in the cremator without enclosure in a cremation container.
C. The cremation container shall be cremated with the human remains unless the authorizing agent for the deceased requests a more natural environment for the deceased. A crematory authority is not required to accept this manner of disposition.
D. A crematory authority may not require that human remains be subjected to embalming before cremation.

Notes

Md. Code Regs. 09.34.08.09
Effective date: 41:6 Md. R. 378, eff.3/31/2014

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