All Roll Calls
Yes: 178 • No: 0
MarylandHB 06982026 Regular SessionHouseWALLET
State Board of Morticians and Funeral Directors – Board Operations and Regulation of Crematories and Reduction Facilities
Sponsored By: Harry Bhandari (Democratic)
Signed by Governor
Health OccupationsBusiness RegulationPublic HealthAccountantsAddressesApplicants and ApplicationsArbitration -see also- MediationAssessments and Taxation, Department ofAttorneysCemeteriesCertificationsCircuit CourtsCommerce and Business -see also- ElectrComm; ForeignTr; etc.Committee ChangesCommittees and CommissionsComplaintsConsumer ProtectionContracts -see also- ProcurementCorporations -see also- Municipal Corps; Public Corps & InstCourt CostsCourt OrdersCremationCrimes and Punishments -see also- Penalties and Sentnc; etc.DisciplineDisclosureElectronic CommunicationEthicsEvidenceFees -see also- Attys' Fees; Devt Fees & TaxesFines -see also- Penalties and SentencesFormsFraud -see also- ForgeryFuneralsGoods and Services -see also- Retail Sales; TermnSvc; TrfGdsHazardous and Toxic Substances -see also- Asbestos; RadiatnHealth -see also- COVID19; EnvHlth; MedCon; etc.Health Occupations -see also- (specific health occupations)HearingsInspections -see also- Motor Vehicle InspectionInvestigations and Inquiries -see also- Crim Bckgrnd InvestJob Training -see also- Continuing Ed; Vocational RehabLaboratoriesLabor, Department ofLiabilityLimited Liability CompaniesMedical Conditions -see also- AIDS; COVID-19; rabiesMorticiansNamesNoticesOathsPartnershipsPenalties and Sentences -see also- Death PenaltyPermits -see also- Building PermitsPersonal Identifying InformationPostal ServicePrivacyPublic InformationRecords -see also- Land Records; Vital RecordsRegistration -see also- Motor Vehicle RegistrationReportsRevenue and Taxes -see also- (specific tax)Rules and RegulationsSafety -see also- Occupational SafetySettlement ProceduresStandards and Best PracticesStudies -see also- Commitees & Commissions; ReportsSubpoenasTimeVeteransWeights and Measures
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Bill Overview
Analyzed Economic Effects
12 provisions identified: 4 benefits, 4 costs, 4 mixed.
Registration required for cremation and NOR operators
Beginning July 1, 2026, you must be registered to operate or offer cremation or natural organic reduction services. You may not advertise or use titles like “crematory operator” or “registered reduction operator” unless authorized. The law explains what counts as operating a crematory or reduction facility, including selling burial goods and pre-need goods, and what activities are excluded.
Unannounced inspections and higher fines
Beginning July 1, 2026, most inspections are unannounced and during business hours; only a regional notice up to 14 days is allowed. The Board can investigate after a written complaint or at its discretion and review records on site. Before final action, the Board must mail notice; you have 30 days to request a hearing, and the hearing notice must be sent by certified mail at least 10 days ahead. If the action is upheld, the appellant pays hearing costs set by Board rules. Fines can reach $10,000 per violation and up to $1,000 for each day a violation continues. Board records are generally confidential with limited exceptions, and Board members and contributors have legal immunity. The Board must employ at least two inspectors and adds a full-time inspector in fiscal year 2028.
More sellers can offer pre-need plans
Beginning July 1, 2026, licensed morticians, licensed funeral directors, registered crematory operators, registered reduction operators, and surviving spouse licensees may offer pre-need contracts. This adds registered crematory and reduction operators to those allowed. The law keeps the existing insurance or annuity funding and assignment rules for guaranteed and nonguaranteed plans.
New safety rules for cremation and NOR
Facilities must register, get permits, and name who will perform cremation, alkaline hydrolysis, or natural organic reduction. Operators must give written notice to the authorizing agent, monitor and record temperatures and time, meet training standards, and refuse remains with hazards like prion disease, Ebola, tuberculosis, or radioisotopes. Soil remains from NOR must pass a contamination testing program using EPA biosolids parameters. The limit is under 0.01 mg/kg dry weight for specified contaminants. Facilities must hold material until tests show it is compliant and report results to health authorities.
Stronger enforcement for crematories and funeral homes
Starting July 1, 2026, the Board can deny, suspend, or revoke permits and registrations for fraud, crimes tied to fitness, false info, rule or ethics violations, poor supervision, refusing inspections, not following orders, or violating Health–General §5‑513. The Board can ask a court for an immediate restraining order and seek a receiver to run a business if a permit is suspended or revoked. Funeral establishments can lose a license if an employee breaks §5‑513 and the establishment knew or directed it. Complaints must be written, sworn, and state facts; the Board reviews them and tries to settle disputes. After a conviction, the Board weighs the offense, its link to the job, time since, and behavior before and after. Civil penalties go to the State General Fund.
New permits and training for crematory operators
People who run a crematory or reduction facility must register with the State Board. Operators must be 18, have good character, hold CANA, ICCFA, or Board‑approved certification, finish any Board training, and be tied to a financially stable facility. Corporations, LLCs, and partnerships must get a Board permit, name a registered operator for each site, and file SDAT and business details. Applicants must show financial stability; some co‑located or new cemetery sites need CPA statements and reviews. Operator registrations last 2 years, are not transferable, and must be renewed. Registered sole proprietors, and their registered employees, do not need an entity permit.
New rules for cemeteries and sellers
You must register before running a cemetery or selling burial goods. You must be 18, of good character, tied to a financially stable business, and file on the Director’s form with a nonrefundable fee. Corporations, LLCs, and partnerships need a permit, must name a registered responsible party, and list owners, officers, and locations. You must report listed changes within 1 week. Permits last two years, can be reinstated with a fee and affidavit, and must be displayed at the business. The Director sets fee schedules, adopts rules and a code of ethics, can inspect records and sites, and reviews sworn written complaints to seek settlement. Some preneed contracts tied to licensed funeral practice or Board‑regulated crematories are exempt from this subtitle. Registrants and permit holders face discipline for fraud, crimes, false info, rule or ethics violations, refusing inspections, unfair trade practices, failing to supervise, not following orders or settlements, or violating Health–General §5‑513. An 11‑member Advisory Council gives input and meets at least four times a year.
Oversight moves to State Board in 2026
On July 1, 2026, regulation of crematories and reduction facilities moves to the State Board of Morticians, Funeral Directors, and Crematories. Crematories and reduction facilities are removed from Title 5, and the Health Occupations title does not cover the business of running a cemetery or crematories at hospitals or schools. Current registrations and permits stay valid for their term, and you can renew under the new system. The Board is renamed and has 11 members; a majority of current members is a quorum, and actions pass by simple majority. If you lose a Board case under §7‑316, you appeal directly to court, not to the Secretary. The Board sends collected fees to the Comptroller, who deposits them in the Board’s fund.
Stronger protections for prepaid funerals and pets
Trustees may not loan or invest preneed trust funds or buy contracts tied to the seller. This keeps your prepaid funeral money set aside. If a pet burial lot promises perpetual care, the seller must provide that care. The Director writes rules to enforce these duties.
Legal shield for unclaimed veteran ashes
Licensed funeral homes and crematories are not civilly liable when they, in good faith, give unclaimed veteran cremated remains to a veterans group. Veterans groups that accept those remains in good faith are also protected.
More oversight reports and complaint tracking
The Board must process complaints on a set schedule. Starting December 31, 2028, it reports each year on complaint types, counts, outcomes, arbitration use, and any discipline, and shares the report with the Advisory Council. The Board forms a stakeholder workgroup and sends recommended changes by December 31, 2026. Most changes in this law take effect July 1, 2026.
Board sets fees, no per-cremation fee
The Board can charge fees to cover its costs and pay Board members. The Board may not charge a fee for each cremation. Exact fee amounts are not set in the law.
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Sponsors & Cosponsors
Sponsor
Harry Bhandari
Democratic • House
Cosponsors
Heather Bagnall
Democratic • House
Bonnie Cullison
Democratic • House
Guy Guzzone
Democratic • Senate
Terri L. Hill
Democratic • House
Thomas S. Hutchinson
Republican • House
Aaron M. Kaufman
Democratic • House
Nicholaus R. Kipke
Republican • House
Lesley J. Lopez
Democratic • House
Ashanti Martinez
House
April Rose
Republican • House
Samuel I. Rosenberg
Democratic • House
Jennifer White Holland
Democratic • House
Teresa Woorman
Democratic • House
Roll Call Votes
Senate vote • 4/13/2026
Third Reading Passed
Yes: 42 • No: 0 • Other: 1
House vote • 3/23/2026
Third Reading Passed
Yes: 136 • No: 0 • Other: 1
Actions Timeline
Approved by the Governor - Chapter 188
4/28/2026Returned Passed
4/13/2026HouseThird Reading Passed (42-0)
4/13/2026SenateSecond Reading Passed
4/9/2026SenateFavorable Adopted
4/9/2026SenateFavorable Report by Finance
4/9/2026SenateReferred Finance
3/23/2026SenateThird Reading Passed (136-0)
3/23/2026HouseSecond Reading Passed with Amendments
3/23/2026HouseFavorable with Amendments {453827/1 Adopted
3/23/2026HouseFavorable with Amendments Report by Health
3/23/2026HouseHearing 2/18 at 1:30 p.m.
2/5/2026HouseHearing canceled
2/5/2026HouseHearing 2/18 at 1:00 p.m.
2/4/2026HouseFirst Reading Health
2/2/2026House
Bill Text
Third Reading
3/23/2026
First Reading
2/2/2026
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