MarylandSB 04132026 Regular SessionSenate

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

15 provisions identified: 7 benefits, 1 costs, 7 mixed.

Current permits stay valid, easy reinstatement

Existing crematory or reduction registrations and permits from the Office remain valid and can be renewed under the new law. If your permit expired, you can get it reinstated if you meet renewal rules, pay the reinstatement fee, and sign an affidavit that you did not operate while it was expired.

Who must register and hold permits

You may not operate or offer cremation or reduction services unless you are a registered operator. Most businesses must be a corporation, LLC, or partnership and hold a permit; a registered sole proprietor is the exception. You may not use titles like crematory operator or reduction operator unless you are registered. The law defines a “registered crematory operator” and what counts as operating a crematory or a reduction facility. Selling burial or pre‑need goods at the facility counts; funeral direction and unrelated services do not.

Stronger inspections and discipline for funeral homes

The Board can inspect crematories and reduction facilities after a written complaint or on its own. Funeral home inspections are unannounced; the Board may give up to 14 days notice without a date or time. If there is a complaint or probation, staff must give immediate access to prep or storage areas, and results go out within 24 hours. The Board must give notice and a hearing chance before final discipline; if the action stands, you must pay hearing costs. A funeral home can be disciplined for an employee’s failure to follow Health §5‑513. The Board must employ at least two inspectors, and starting in fiscal year 2028, it adds a full‑time inspector position. Board records are mostly confidential, with limited allowed sharing. The Board will also adopt a code of ethics for operators.

Higher fines and updated court powers

The Board can fine up to $10,000 per violation and up to $1,000 per day for ongoing violations. Beginning July 1, 2026, the Board can ask a court to stop a licensee from working and can seek a receiver to run an establishment during a serious case. The law also removes a prior power to get an immediate restraining order or receiver in some situations. These changes raise risk for violations and update how fast and how far court actions can go.

New registration rules for cremation and reduction

The Board now regulates crematories and natural organic reduction facilities. You must register before you operate, be at least 18, be of good moral character, hold a recognized crematory operator certification, be affiliated with a permitted facility, and complete any Board training. You apply on the Board’s form with a nonrefundable fee; your registration lets you operate while it is current and cannot be transferred to another person. Registrations renew every two years; the Board sends a renewal notice at least 90 days before expiration, and there is a path to reinstate after a lapse with a fee and affidavit. You must post your registration at your business and report responsible‑party and affiliation changes within one week. Entity permit applicants must provide a recent SDAT good‑standing certificate, and permit holders also get 90‑day renewal notices.

Safety and testing rules for reduction

Natural organic reduction is banned for embalmed remains or for diseases and conditions like Creutzfeldt–Jakob, Ebola, tuberculosis, and radioisotopes. Operators must give written notice to the authorizing agent before starting reduction. Facilities must record that equipment hit Board‑set temperatures for the required time for each run. Each production must pass third‑party lab tests before soil remains are released, including staying below 0.01 mg/kg dry weight for the listed contaminants. The Board sets training standards and can add more safety rules. The law defines “soil remains,” the material returned after reduction.

State Board now regulates cremation

Maryland moves oversight of crematories and natural organic reduction facilities to the State Board of Morticians and Funeral Directors. The governing rules now sit in the Health Occupations laws, and Title 5 no longer applies to running or owning these facilities. The Office of Cemetery Oversight no longer handles these operators, and references in Business Regulation are removed. The Advisory Council keeps working, but one seat is cut and the crematory seat is removed.

Perpetual care for pet burial lots

If you buy a burial lot or burial right for a pet, the perpetual‑care duty still applies. This keeps protections for pet owners who buy cemetery space.

Clear lines for funeral vs cremation work

Running a crematory or a reduction facility is not treated as funeral direction or mortuary science. Operators may use crematory and reduction titles in ads. The law defines a reduction facility as a place that holds the equipment for natural organic reduction. These rules make it clearer which licenses and titles apply to your work.

Less paperwork and fewer discipline risks

Permit applicants no longer need to submit two‑year sales‑contract counts. The Board cannot discipline you only for not following a settlement from binding arbitration. This trims paperwork and narrows one discipline trigger.

Board oversight and reporting get stronger

On July 1, 2026, regulation of crematories and reduction facilities moves to the State Board. The Board must start yearly complaint reports in 2028. A stakeholder workgroup reviews the new rules, with a report due by December 31, 2026. Board governance shifts: a quorum is a majority of serving members, actions pass by simple majority, and the Governor can remove members for repeated absences or any just and reasonable cause. Health care professionals may appeal certain Board decisions directly to court. All collected fees go to the Board’s fund.

Defines alkaline hydrolysis and remains

The law defines “alkaline hydrolysis” as reducing remains with water, alkaline chemicals, and heat in a sealed vessel. It also defines “hydrolyzed remains” as the bone fragments produced when that process is complete.

Protection for unclaimed veteran cremains transfers

Funeral homes and crematories that in good faith transfer unclaimed cremated remains of a veteran or eligible dependent to a veterans service group are not civilly liable. The veterans service group is also protected when it accepts the remains in good faith.

Changes to pre-need contracts and sellers

Crematory and reduction operators are removed from the statute’s list of named parties to pre‑need contracts. The law clarifies that pre‑need goods are burial goods sold before death and do not include burial space. Definitions change so pre‑need services are tied to burial, and more types of sellers can be treated as pre‑need sellers. A prior bar that named crematory property in preneed trust investment limits is removed, while other cemetery limits remain.

Fee rules for crematories and reduction

The Board can set reasonable fees to cover its costs. The Board may not charge a fee for each cremation. A prior ban on the Office Director charging per‑cremation fees is removed because the Director no longer regulates these facilities.

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: 1

House vote • 4/8/2026

Third Reading Passed

Yes: 132 • No: 1 • Other: 3

Senate vote • 3/20/2026

Third Reading Passed

Yes: 39 • No: 0 • Other: 3

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

  • Enacted

    4/28/2026

  • Enrolled

    4/9/2026

  • Third Reading

    3/19/2026

  • First Reading

    1/29/2026

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