HARRY HUGHES, Governor

255

THIS SECTION DOES NOT APPLY TO THE DISPOSITION OF A
BODY BY A SCHOOL OF MEDICINE OR DENTISTRY.

(B)  IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PERSON
MAY NOT CREMATE A BODY UNTIL IT HAS BEEN IDENTIFIED BY:

(1)  THE NEXT OF KIN;

(2)  A PERSON WHO IS AUTHORIZED TO ARRANGE FOR
FINAL DISPOSITION OF THE BODY; OR

(3)  A MEDICAL EXAMINER.

(C)  DELEGATION OF AUTHORITY.

IF A PERSON WHO IS AUTHORIZED TO ARRANGE FOR FINAL
DISPOSITION OF A BODY IS NOT AVAILABLE TO IDENTIFY THE BODY
AND AUTHORIZE CREMATION, THAT PERSON MAY DELEGATE THAT
AUTHORITY TO ANOTHER PERSON BY SENDING TO THE DELEGATE A
TELEGRAM THAT CONTAINS THE NAME, ADDRESS, AND RELATIONSHIP
OF THE SENDER TO THE DECEASED AND THE NAME AND ADDRESS OF
THE INDIVIDUAL TO WHOM AUTHORITY IS DELEGATED. WRITTEN
AUTHORIZATION SHALL FOLLOW BY MAIL BUT DOES NOT TAKE
PRECEDENCE OVER THE TELEGRAM AUTHORIZING THE IDENTIFICATION
AND CREMATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 367B(b) and 367D.

In subsection (a) of this section, the former
reference to a school of "anatomy" is deleted as
obsolete since educational institutions now have
divisions or departments of anatomy within other
schools, rather than separate schools of anatomy.

As to subsection (b) of this section, the
Commission to Revise the Annotated Code notes,
for consideration by the General Assembly, that
the authority of the State Anatomy Board to
identify a body for cremation may need
clarification. The Board occasionally has
identified a body if, e.g., the body remained
unclaimed for a considerable length of time and,
at the time it was claimed, the body was not in a
suitable condition to be identified by the
claimant or the claimant did not reside in this
State. The Board also has cremated those bodies
that are returned by schools of medicine or
dentistry. Identification is based on available
evidence, such as hospital wrist bands.