Maryland Administrative Code

.04 Holding Facilities. A holding facility shall: A. Comply with applicable public health laws; B. Preserve the dignity of human remains; C. Recognize the integrity, health, and safety of crematory establishment personnel; and D. Be secure from access by unauthorized persons.

.05 Holding Remains. A. Unless prevented by emergency circumstances, human remains that have been designated for cremation or alkaline hydrolysis shall be cremated or hydrolyzed by a permit holder within 48 hours after receipt. B. A permit holder may not hold human remains for cr…

.06 Identification of Human Remains Immediately Before Cremation or Alkaline Hydrolysis. A. Immediately before being placed within the cremator or the alkaline hydrolysis unit, the individual authorized under this subtitle shall: (1) Verify the identification of the human remains…

.07 Crematory Services Authorization. A. Except as otherwise provided in COMAR 10.29.18.02, a permit holder may not cremate or hydrolyze human remains until: (1) The body has been identified as required under Health Occupation Article, §7-411, Annotated Code of Maryland; (2) The …

.08 Record of Receipt of Remains. A. A permit holder shall provide to an individual who delivers human remains for cremation or alkaline hydrolysis a receipt signed by both the permit holder authority and the individual who delivered the human remains, that includes the: (1) Name…

.09 Use of a Casket; Embalming. A. Except as provided in §B of this regulation, a permit holder 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 t…

.10 Disposition of Processed Human Remains. A. On completion of the cremation or the alkaline hydrolysis, insofar as is possible: (1) All of the recoverable residue of the cremation or the alkaline hydrolysis process shall be: (a) Removed from the cremator or the alkaline hydroly…

.11 Tools. A. A crematory offering cremation shall maintain, at its own expense, the following tool inventory: (1) Safety placement tool measuring a minimum of 49 inches in length; (2) Wire brushes for cleaning cremators; (3) Brush with fine bristles for cleaning pulverizers; (4)…

.12 Visitors. A. The permit holder or the designated crematory operator shall: (1) Submit to the Board the number of persons not affiliated with the operations of the crematory who can safely be within the same room and within 10 feet of the cremator door or the alkaline hydrolys…

.01 Scope. This chapter governs any person who holds a permit to: A. Engage in the operation of a crematory; B. Act as a designated crematory operator;or C. Act as a registered crematory operator.

.02 General Professional Practices. A. A permit holder or registered crematory operator shall: (1) Act in a manner that respects and protects the dignity of a decedent and the decedent’s family; (2) Conduct business in a reasonable, usual, and customary manner avoiding unfair tra…

.01 Scope. This chapter applies to: A. Applicants for a mortuary transport service permit; B. Applicants for registration as a transporter for a mortuary transport service; C. Permitted mortuary transport services; and D. Registered transporters.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board of Morticians and Funeral Directors. (2) “CJIS” means the Criminal Justice Information System. (3) “Cleaning” means to disinfect the entire in…

.03 Requirements for a Permit. A. To qualify for a permit to operate a mortuary transport service, an individual shall: (1) Be at least 18 years of age; (2) Be of good moral character; and (3) Satisfy the requirements of Health Occupations Article, §7-602(c), Annotated Code of Ma…

.04 Requirements for Registration. A. To qualify as a registered transporter, an individual shall: (1) Be at least 18 years of age; (2) Be of good moral character; (3) Hold a current valid driver’s license in good standing; and (4) Be employed by a mortuary transport service that…

.05 Procedures. A. Before using a body bag for removal of human remains, the registered transporter shall inspect the body bag to ensure that the body bag is fully closeable and that there are no holes, rips, or tears in the body bag. B. Potentially Infectious Body Fluids. (1) Al…

.06 Prohibited Acts. A. A permit holder or transporter shall: (1) At all times treat the human remains being transported with the utmost dignity; and (2) Comply with the requirements of Health-General Article, §5-513, Annotated Code of Maryland, except with regard to inspection o…

.07 Vehicle Standards. A. A removal vehicle shall: (1) Be of appropriate size for the transport of human remains; (2) Have windows tinted to the extent that human remains are obscured from public view; (3) Have a cargo bay which: (a) Is fully enclosed; and (b) Is designed to prev…

.08 Fees. The following fees related to mortuary transport services are established by the Board: A. Mortuary Transport Service Permit: (1) Initial fee: (a) Category 1 (for 1 — 3 transporters, including the permit holder) — $350; (b) Category 2 (for 4 — 7 transporters, including …

.09 Renewal Requirements. A. A mortuary transport service’s permit expires 30 days after the effective date of this chapter. B. After being issued an initial permit, a mortuary transport service’s permit: (1) Expires on the date set by the Board, unless it is renewed for an addit…

.10 Reinstatement Requirements. A. To reinstate an expired permit, an individual shall: (1) Resubmit the application required by the Board for initial applicants; (2) Satisfy the education requirements stated in Regulation .04B of this chapter; and (3) Pay to the Board the reinst…

.11 Multi-State Establishments. All vehicles registered by an establishment which is part of the same business structure as a licensed Maryland funeral establishment shall be inspected by the Board at a convenient location within the State if the related establishment intends to …

.01 Temperature of Refrigeration Units. A refrigeration unit used in the storage of human remains shall be kept at a temperature lower than 40 degrees Fahrenheit.

.01 Purpose. In recognition of its continuing responsibility to its citizens to aid in reduction of the personal financial hardships associated with end-stage kidney disease, the State continues its commitment of resources to the Kidney Disease Program of Maryland. This subtitle …

.02 Definitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1) “Abusive and dangerous patient” means a patient who is physically or verbally threatening to the patient's person, facility staff, or other patients. (2) “Acute dialysis” …

.02-1 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) 42 CFR §§494.1 — 494.110, as amended; and (2) 42 CFR §§494.130 — 494.180, as amended.

.03 Categories of Dialysis. A. The categories of dialysis listed in §§BF of this regulation are recognized on the basis of differing facility requirements. B. Acute Dialysis. Acute dialysis is not reimbursable under the Kidney Disease Program and nothing in this subtitle is meant…

.04 Classifications of Facilities. A. Kidney Transplant Center. (1) A kidney transplant center shall be a physically discrete unit or division within a hospital approved by the Joint Commission on Accreditation of Healthcare Organizations having the staff and facilities capable o…

.05 Patient Standards. A. General Considerations. (1) Patients who are accepted for dialysis and kidney transplantation: (a) Shall be accepted on medical grounds alone; (b) May not be accepted based on age, race, sex, social background, national origin, religion, or financial res…

.06 Reimbursement Principles. A certified facility and recipient shall comply with COMAR 10.20.01 and with the requirements of this chapter to be eligible for reimbursement.

.07 Procedures for Certification of Facilities. A. Providers or consumers of medical care contemplating development of a transplant center or a dialysis facility shall notify the Commission within 30 days of applying for licensure or certification with the Office of Health Care Q…

.08 Affiliation Guidelines. A. To assure quality and continuity of patient care, formal affiliation agreements shall be negotiated as required in the standards and guidelines of the Commission. The affiliation agreement shall be constructed so no entity benefits financially. B. A…

.09 Residency Requirements. To be eligible for the Kidney Disease Program, an individual shall be one of the following: A. A citizen of the United States residing in Maryland; or B. An alien lawfully admitted for permanent residence or otherwise permanently residing in the United…

.10 Certification and Revocation. A. Certification. (1) The Commission, through the Department, shall certify a facility or center to perform dialysis upon determination that the facility or center meets the standards adopted by the Commission, including: (a) 42 CFR §§494.1 — 494…

.11 Miscellaneous Items. A. A serious occurrence which threatens the safety and health of the patients shall be reported immediately by a facility to the Commission, local health department, and the Office of Health Care Quality of the Department. B. In the event of a natural dis…

.01 Repealed.

.02 Transplant Centers. A. Location and Program Affiliation. (1) Centers seeking certification as transplant centers, under Health-General Article, Title 13, Subtitle 3, Annotated Code of Maryland, shall be located in hospitals that are accredited by the Joint Commission on Accre…

.03 Freestanding Dialysis Facilities — General. A. Location and Program Affiliation. (1) Freestanding dialysis facilities seeking a certification as a freestanding dialysis facility, under the terms of Health-General Article, Title 13, Subtitle 3, Annotated Code of Maryland, shal…

.04 Freestanding Dialysis Facilities — Staffing. A. Nephrologist or Physician. (1) The director of a freestanding dialysis facility shall be a nephrologist or a physician with at least 1 year of experience in chronic hemodialysis. (2) Each freestanding dialysis facility shall hav…

.05 Nocturnal Hemodialysis Programs. A. Nephrologist. (1) The director of a freestanding dialysis facility shall be a nephrologist with at least 1 year of experience in chronic hemodialysis. (2) A freestanding dialysis facility shall have at least one additional nephrologist trai…

.06 Home Dialysis Programs. A. Location and Program Affiliation. (1) Home hemodialysis or peritoneal dialysis programs, or both, may be situated in either a dialysis facility or hospital, as long as the appropriate standards are satisfied. (2) To assure quality and continuity of …

.07 Self-Care Dialysis Facilities. A. Location and Program Affiliation. (1) Self-care dialysis facilities may be situated in free-standing dialysis facilities as long as appropriate standards are satisfied. (2) To assure quality and continuity of patient care, including backup di…

.01 Incorporation by Reference. Control of Communicable Diseases Manual which can be found in depository libraries under COMAR 10.06.01.01-1 is incorporated by reference.

.02 Unrestricted Access to Care. A. An end stage kidney disease patient with any transmissible disease, may not be denied dialysis or transplantation by a certified Maryland dialysis or transplantation facility solely because of the potential for transmission of the transmissible…

.03 Preventive Measures. A. A facility shall follow the infection control procedures established in the Control of Communicable Diseases Manual designed by the Centers for Disease Control and Prevention (CDC) to control the spread of transmissible diseases. B. General. (1) The ca…

.04 Detection Measures. Dialysis facilities and transplant centers shall develop quality assessment and performance improvement (QAPI) measures for the surveillance of infection control practices.

.01 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) 42 CFR §494.40, as amended; and (2) 42 CFR §494.50, as amended.