MarylandSB 04132026 Regular SessionSenateWALLET

State Board of Morticians and Funeral Directors - Board Operations and Regulation of Crematories and Reduction Facilities

Sponsored By: Pamela Beidle (Democratic)

Signed by Governor

Health OccupationsBusiness RegulationPublic HealthAccountantsAddressesApplicants and ApplicationsArbitration -see also- MediationAttorneysCemeteriesCertificationsCircuit 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 PracticesSubpoenasTimeVeteransWeights and Measures

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 2 benefits, 2 costs, 7 mixed.

Higher fines for regulated operators

Starting July 1, 2026, the Board can fine up to $10,000 for each violation. It can also add up to $1,000 for each day a problem continues past its fix-by date. Fines go to the State General Fund. The Board weighs harm, good faith, and past history when setting the amount.

New registration rules for crematory operators

You must register with the State Board to operate a crematory or a natural organic reduction facility. You must be 18, of good character, linked to a permitted facility, and hold a Board‑recognized crematory operator certification. Use the Board’s form and pay a nonrefundable application fee; registrations last two years. The Board sends a renewal notice at least 90 days before expiration; you must still qualify and pay the renewal fee. If your registration lapses, you can be reinstated by meeting renewal rules, paying a reinstatement fee, and swearing you did not operate while expired. Starting July 1, 2026, you cannot operate or advertise as an operator without being registered, and you must display your registration at your business.

New rules for cremation and reduction

The Board sets a full rulebook for crematories and natural organic reduction facilities. Facilities need registrations and permits, staff training, and inspections. Reduction sites must log minimum internal temperatures and test soil remains with outside labs to EPA-style standards; contaminants must be under 0.01 mg/kg before release. Some uses are banned, such as when remains are embalmed, infectious, or radioactive. These rules aim to protect health and consumers and add compliance steps for operators.

Tougher inspections and enforcement for funerals

Inspections of funeral homes are unannounced during business hours. The Board may give regional notice up to 14 days without a set time, request immediate access for complaint or probation checks, and must share results within 24 hours. The Board can investigate and inspect records and sites on a complaint or on its own. Beginning July 1, 2026, the Board can discipline for fraud, certain crimes, inspection refusals, unfair practices, or health‑law violations, and it can seek court restraining orders or a receiver to run a business. Complaints must be in writing and under oath; the Board tries to settle, may refer to binding arbitration if both sides agree, and must give hearing rights with timelines (30‑day request; 10‑day certified‑mail notice). The Board must employ at least two inspectors starting July 1, 2026, adds a full‑time inspector in FY2028, and most Board records are not discoverable in civil suits.

No Board fee per cremation

The Board cannot charge a per-cremation fee. Crematories still pay normal registration or permit fees set by rule. This removes a repeating cost tied to each service.

Rules for unclaimed veteran remains

If cremated or hydrolyzed remains are unclaimed for 90 days, funeral homes or crematories must give identifying information to a veterans service group. A reduction facility must provide identifying information within 5 business days after reduction starts. The group has 45 days to reply and then 10 days to take the remains; if not, the remains go to the Department of Veterans and Military Families. Reduction facilities may transfer up to 300 cubic inches of soil remains to a veterans group and send the rest to a cemetery or woodland owner as allowed. Good‑faith transfers or receipts are protected from civil liability.

Cemetery business permits and fees

Cemetery and burial‑goods businesses run by a corporation, LLC, or partnership must get a permit from the Director before operating. Applicants must name a responsible registered cemeterian or seller, give business addresses and officer lists, and show financial stability. Some businesses must provide CPA statements or reviews; new cemeteries need CPA‑prepared financials. The Director sets reasonable registration and permit fees that go to a Cemetery Oversight Fund. The Office can investigate and inspect records and sites after a written complaint or at its discretion. This title does not apply in some cases to crematories, reduction facilities, or incinerators at licensed medical or educational facilities.

New rules for pre-need funeral sales

Starting July 1, 2026, only a licensed mortician, licensed funeral director, registered crematory operator, registered reduction operator, or a surviving‑spouse licensee may sell pre‑need funeral contracts. These contracts are not retail installment sales or insurance practice. They may be funded by a life insurance policy or annuity if the provider is not the owner or beneficiary. An irrevocable assignment can move between licensed funeral homes, and any extra benefits go to the named beneficiary; the contract ends if the assignment is revoked. Pre‑need contracts tied to licensed funeral practice or a regulated crematory or reduction facility are exempt from this subtitle, changing which rules apply.

Perpetual care rules for pet burials

If you sell pet burial rights and promise perpetual care, you must maintain the cemetery as promised. This protects pet owners and adds ongoing duties and costs for the seller.

Permits for crematories and reduction facilities

Starting July 1, 2026, corporations, LLCs, and partnerships must hold a Board permit to operate a crematory or reduction facility. Each facility must name a registered operator, list all affiliated facilities and staff, and submit a good‑standing certificate dated within 30 days. Applicants must use the Board’s form, pay the fee, and show the number of sales contracts from the last two fiscal years. Permits last two years; the Board sends a renewal notice 90 days before expiration. Expired permits can be reinstated if you meet renewal rules, pay a reinstatement fee, and certify you did not operate while expired. Non‑sole proprietors must be a corporation, LLC, or partnership and display the permit at the business.

New Board takes over crematory oversight

The State Board of Morticians, Funeral Directors, and Crematories now regulates crematories and reduction facilities. On July 1, 2026, those duties moved from the Office of Cemetery Oversight; complaints filed earlier stay with the Office until finished. The Board can set fees to cover its costs, which go to a Board Fund, but it may not charge a fee for each cremation. Current registrations and permits remain valid through their term and can renew under the new rules.

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Sponsors & Cosponsors

Sponsor

  • Pamela Beidle

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 213 • No: 1

Senate vote 4/9/2026

Third Reading Passed

Yes: 42 • No: 0 • Other: 4

House vote 4/8/2026

Third Reading Passed

Yes: 132 • No: 1 • Other: 8

Senate vote 3/20/2026

Third Reading Passed

Yes: 39 • No: 0 • Other: 5

Actions Timeline

  1. Approved by the Governor - Chapter 187

    4/28/2026
  2. Passed Enrolled

    4/9/2026Senate
  3. Third Reading Passed (42-0)

    4/9/2026Senate
  4. Senate Concurs House Amendments

    4/9/2026Senate
  5. Third Reading Passed (132-1)

    4/8/2026House
  6. Second Reading Passed with Amendments

    4/3/2026House
  7. Favorable with Amendments {263525/1 Adopted

    4/3/2026House
  8. Favorable with Amendments Report by Health

    4/3/2026House
  9. Hearing 4/01 at 1:00 p.m.

    3/23/2026House
  10. Referred Health

    3/21/2026House
  11. Third Reading Passed (39-0)

    3/20/2026Senate
  12. Second Reading Passed with Amendments

    3/19/2026Senate
  13. Floor Amendment {553427/1 (Senator Simonaire) Adopted

    3/19/2026Senate
  14. Favorable with Amendments {713627/1 Adopted

    3/19/2026Senate
  15. Motion Laid Over (Senator Simonaire) Adopted

    3/19/2026Senate
  16. Favorable with Amendments {713627/1

    3/19/2026Senate
  17. Motion Special Order until Later Today (Senator Beidle) Adopted

    3/19/2026Senate
  18. Favorable with Amendments {713627/1

    3/19/2026Senate
  19. Favorable with Amendments Report by Finance

    3/19/2026Senate
  20. Hearing 2/19 at 1:00 p.m.

    2/4/2026Senate
  21. First Reading Finance

    1/29/2026Senate

Bill Text

  • Enrolled

    4/9/2026

  • Third Reading

    3/19/2026

  • First Reading

    1/29/2026

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