HARRY HUGHES, Governor

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(4) NOT BE USED BEFORE, DURING, OR AFTER
CREMATION.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 367A.

Subsection (a) of this section is revised as a
prohibition against requiring use of a casket
and, as revised, subjects a violator to the
criminal penalty provided in § 5-507 of this
subtitle. The Commission to Revise the Annotated
Code notes that, before enactment of Ch. 8, Acts
of 1981, former Article 43, § 367A — then
numbered § 360A -- contained three sentences, the
second of which prohibited licensed morticians
and their employees from representing that a
casket is required. As that sentence affected
only licensees, it was included as HO § 6-505
and, thus, subject to the penalties provided in
HO § 6-508. However, the Commission feels that
it was not the intent of the General Assembly to
allow persons other than licensed morticians to
make these representations. The Commission also
notes that the General Assembly might wish to
consider the different penalties provided by §
5-507 of this article and HO § 6-508.

The only other changes are in style.

Defined terms: "Body" § 5-101
"Person" § 1-101

5-506. CONTROL OF BODY BY HEALTH OFFICER.

(A)  POWER OF HEALTH OFFICER.

A HEALTH OFFICER MAY TAKE CONTROL OF A BODY THAT IS
BEING KEPT IN A ROOM WHERE AN INDIVIDUAL LIVES AND THAT IS
IN A CONDITION THAT ENDANGERS AN INDIVIDUAL IN THE HOUSE
WHERE THE BODY IS KEPT IF:

(1)  AT LEAST 3 INDIVIDUALS LIVING NEAR THE HOUSE
OR A PHYSICIAN ASKS THE HEALTH OFFICER, IN WRITING, TO ORDER
FINAL DISPOSITION OF THE BODY;

(2)  THE HEALTH OFFICER ISSUES AN ORDER FOR FINAL
DISPOSITION, WITHIN A TIME PERIOD STATED IN THE ORDER; AND

(3)  FINAL DISPOSITION OF THE BODY IS NOT MADE
WITHIN THAT TIME.

(B)  PROHIBITED ACT.

A PERSON MAY NOT OBSTRUCT THE CARRYING OUT OF AN ORDER
OF A HEALTH OFFICER UNDER THIS SECTION.