Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.07 - Disinterment and Reinterment Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. When human remains are to be removed from
				  a cemetery or other final resting place and transferred to another cemetery or
				  location, a disinterment and reinterment permit shall be obtained from the
				  local health department in Baltimore City or the county in which the human
				  remains are located or the Department of Health and Mental Hygiene. The form of
				  this permit shall be prescribed by the Secretary. The Department or local
				  health department may only issue a permit on written authorization from the
				  State's Attorney of the jurisdiction in which the human remains are located or
				  in compliance with a court order. If the human remains are moved to a grave or
				  tomb within the same cemetery for relocation purposes only, a permit is not
				  required.
B. When it is required to
				  disinter human remains for an autopsy purpose, even though the human remains
				  are to be reinterred in the same cemetery, an application for a disinterment
				  and reinterment permit shall be made to the local health department or State
				  Department of Health and Mental Hygiene by the Medical Examiner, or by the
				  State's Attorney of Baltimore City or any county of Maryland when acting in the
				  State's Attorney's official capacity in investigating the death.
C. When it is proposed to disinter and
				  relocate a number of human remains, only one application shall be made by the
				  mortician. The mortician shall submit with the application an original and copy
				  of a list of the human remains to be disinterred. One disinterment and
				  reinterment permit will be issued. The original of the list shall be attached
				  to the permit and made a part of it, and a copy or electronic file of the list
				  shall be retained by the local health department or State Department of Health
				  and Mental Hygiene. If the names of human remains are not known, this fact
				  shall be indicated on the application. The mortician shall include in the
				  application an identification number, grave space grid number, or other means
				  to identify every one of the human remains to be disinterred and
				  reinterred.
D. The application for
				  a disinterment and reinterment permit shall be made on a form prescribed by the
				  Secretary. Upon approval of the completed application, the Secretary,
				  Commissioner of Health of Baltimore City, or the county health officer or their
				  designees, depending on where the human remains are located, shall sign and
				  issue a disinterment and reinterment permit to:
(1) An individual qualified in the interment
				  of human remains, such as a mortician or cemeterian;
(2) An individual qualified in the funerary
				  rites appropriate to the cultural affiliation of the human remains, such as a
				  minister, priest, or other religious leader; or
(3) An anthropologist or
				  archaeologist.