WILLIAM DONALD SCHAEFER, Governor                         Ch. 517

making arrangements for the final disposition of the body of a decedent;
establishing a certain limitation of immunity from liability for a funeral director
certain persons under certain circumstances; authorizing certain persons to file a
certain petition with a court for authorization to make arrangements for the final
disposition of the body of a decedent under certain circumstances; and generally
relating to authorizing certain persons to make arrangements for the final
disposition of the body of a decedent under certain circumstances.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 5-502 and 5-507
Annotated Code of Maryland
(1994 Replacement Volume)

BY adding to

Article - Health - General
Section 5-502.1 through 5-502.5
Annotated Code of Maryland
(1994 Replacement Volume)

Preamble

WHEREAS, Historically, funeral directors licensed to practice in Maryland have
only been required to bury the remains of the deceased in a burial plot at a cemetery
determined by the deceased or agreed to by members of the family of the deceased who
have reached agreement on that disposition; and

WHEREAS, Except in unusual circumstances, the funeral director was not involved
in this decision or if the funeral director became involved, the only issue was which
cemetery would ultimately be selected - decisions which could be agreed upon after
consultation with family members or others with a legitimate interest in the issue; and

WHEREAS, The advent and increase in cremation as a means of final disposition
has become more acceptable and is no longer restricted by religious prohibitions or
traditions; and

WHEREAS, This new concept of disposition often causes emotional, philosophical,
and religious differences among the survivors of the deceased; and

WHEREAS, As a result of such differences and disputes, the funeral director is
often restricted or unable to carry out the responsibilities and obligations that the proper
disposition of the deceased requires; and

WHEREAS, Some legislative direction is necessary to permit the disposition of the
deceased in a manner that best carries out the intention of the deceased and those closest
to the deceased; and

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