HARRY HUGHES, Governor

249

5-406. UNCLAIMED BODIES.

(A)  NOTICE TO BOARD.

(1)  A PUBLIC OFFICER WHO HAS CONTROL OF A BODY
IMMEDIATELY SHALL NOTIFY THE CHAIRMAN OF THE BOARD IF, AFTER
A REASONABLE SEARCH, THE PUBLIC OFFICER HAS NOT FOUND A
PERSON WHO WILL TAKE CONTROL OF THE BODY FOR ITS FINAL
DISPOSITION.

(2)  SUBJECT TO THE LIMITATIONS IMPOSED ON
NURSING HOMES UNDER ARTICLE 70B, § 5 OF THE CODE, ANY OTHER
PERSON WHO HAS CONTROL OF A BODY MAY NOTIFY THE BOARD IF,
AFTER A REASONABLE SEARCH, THE PERSON HAS NOT FOUND A PERSON
WHO WILL TAKE CONTROL OF THE BODY FOR ITS FINAL DISPOSITION.

(B)  REMOVAL TO DESIGNATED MORGUE.

(1)  SUBJECT TO THE TIME LIMITATIONS IN THIS
SUBSECTION, WHEN THE BOARD IS NOTIFIED OF THE EXISTENCE OF A
BODY, THE BOARD MAY REMOVE THE BODY TO A MORGUE IN BALTIMORE
CITY THAT THE BOARD DESIGNATES FOR THAT PURPOSE.

(2)  IF THE PERSON WHO NOTIFIES THE BOARD CAN
REFRIGERATE THE BODY SUITABLY, THE BODY MAY BE REMOVED ONLY
AT THE EXPIRATION OF 48 HOURS AFTER DEATH.

(3)  IF THE PERSON WHO NOTIFIES THE BOARD CANNOT
REFRIGERATE THE BODY SUITABLY, THE BODY MAY BE REMOVED AS
SOON AS FEASIBLE AFTER DEATH, AND, ON ARRIVAL AT THE MORGUE,
SHALL BE REFRIGERATED UNTIL THE EXPIRATION OF 48 HOURS AFTER
DEATH.

(C)  CONTROL AFTER 48 HOURS; CLAIM OF BODY.

ON EXPIRATION OF 48 HOURS AFTER DEATH, THE BODY SHALL
BE UNDER THE EXCLUSIVE CONTROL OF THE BOARD AND SHALL BE
EMBALMED PROPERLY BY AN INDIVIDUAL WHOM THE BOARD
DESIGNATES. HOWEVER, ANY RELATIVE OR FRIEND OF THE DECEASED
MAY CLAIM THE BODY AND, ON PAYMENT TO THE BOARD OF ITS COST
OF MOVING AND EMBALMING THE BODY, SHALL RECEIVE IT.

REVISOR'S NOTE: Subsections (a)(1), (b), and (c) of
this section are new language derived without
substantive change from former Article 43, § 159.

Subsection (a)(2) of this section is new language
added to reflect that, in practice, the Board
receives bodies from persons other than public
officers if the person does not locate family or
any other claimant of the body. See also the
Maryland Anatomical Gift Act at ET § 4-501 et
seq. This addition allows a person to notify the
Board and, thus, does not make the person liable