MortSci 2012
Maryland Funeral Law
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Maryland Statutes and Regulations
Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 01 Hearing Procedures Authority: Health Occupations Article, §§7-205(1) and 7-318, Annotated Code of Maryland 10.29.01.01
.01 Scope. This chapter applies to all formal hearings before the Maryland State Board of Morticians and Funeral Directors. 10.29.01.02
.02 Notice of Hearing. A. All interested parties shall be afforded an opportunity to be present at formal hearings. B. Written notice of the hearing shall be sent by the Secretary of the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time and place of the hearing. It shall also state the issues or charges involved in the proceeding. However, if by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issue is necessary, they shall be fully stated as soon as practicable. 10.29.01.03
.03 Parties and Representation. A. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in formal hearings. Any person or agency may be admitted as a party for limited purposes. B. All parties appearing at formal hearings shall have the right to appear in proper person or by or with counsel. All parties shall have the right to be accompanied, represented and advised by counsel. 10.29.01.04
.04 Prehearing Procedures. A. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following:
2 (1) A list of witnesses to be called; (2) Copies of documents intended to be produced at the hearing; or (3) Both. B. Mandatory Discovery. (1) Each party shall provide to the other party not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier: (a) The name and curriculum vitae of any expert witness who will testify at the hearing; and (b) A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion. (2) If the Board or the Office of Administrative Hearings, as appropriate, finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of §B of this regulation, the Board or the Office of Administrative Hearings, as appropriate, shall exclude from the hearing the testimony of the expert and any report of the expert. (3) The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments regarding the sufficiency of the report:
(a) At the prehearing conference, if scheduled; or (b) Immediately before the scheduled hearing. (4) If an expert adopts a sufficiently specific charging document as the expert's report, that adoption satisfies the requirements set forth in §B of this regulation. C. Parties are not entitled to discovery of items other than as listed in §§A and B of this regulation. D. Both parties have a continuing duty to supplement their disclosures of witnesses and documents. E. Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list after: (1) The prehearing conference, if scheduled; or (2) 15 days before the hearing, if no prehearing conference is scheduled. F. The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes. G. Construction. (1) In hearings conducted by an administrative law judge of the Office of Administrative Hearings, this regulation shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01. (2) In the event of a conflict between this regulation and COMAR 28.02.01, this regulation shall apply.
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.05 Records and Transcript. A. The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits and other memoranda or material filed in the proceeding. B. Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board. The record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part thereof, shall be paid by the party requesting the transcript. 10.29.01.06
.06 Presiding Officer Duties. Each hearing shall be held before a quorum of the Board. The president, or in his absence a member designated by him, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time. 10.29.01.07
.07 Order of Procedure. The order in which the parties shall present their case shall be determined by the presiding officer. 10.29.01.08
.08 Examination of Witness and Introduction of Evidence. A. The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland. B. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions and motions. However, when a party is represented by counsel, all submission of evidence, examination and crossexamination of witnesses, and filing of objections, exceptions and motions shall be done and presented solely by the counsel. C. The presiding officer, or any person designated by him for the purpose, may examine any witness called by any party. He may call as a witness any person in attendance at the hearing. Any member of the Board may examine any witness called by any party. 10.29.01.09
.09 Briefs. Any party may submit briefs of the issues of fact and law involved in the hearing. The briefs shall be filed in the form, with the number of copies, and at the time as the presiding officer may designate. 10.29.01.10
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.10 Counsel to the Board. The presiding officer may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon that request, the counsel shall have all of the rights with regard to the submission of evidence, examination and cross-examination.
10.29.01.11
.11 Decision and Order. Every decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or his attorney of record. 10.29.01.12
.12 Rehearings. A. Any party aggrieved by the decision and order rendered in the particular case may apply for rehearing within 10 days after service on him of the decision and order. Action on the application shall lie in the discretion of the Board. B. Unless otherwise ordered, neither the rehearing nor the application for rehearing shall stay the enforcement of the order or excuse the persons affected by it for failure to comply with its terms. C. The Board may, on rehearing, consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify its original order. 10.29.01.9999
Administrative History Effective date: May 14, 1968 Preface amended effective December 15, 1986 (13:25 Md. R. 2660) Regulation .01 recodified to .01-1 and the Preface recodified to Regulation .01, July 1991
—————— Chapter revised effective March 5, 2001 (28:4 Md. R. 418) Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
Chapter 02 Examination Authority: Health Occupations Article, §7-304, Annotated Code of Maryland 10.29.02.01
.01 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) "Applicant" means any individual who qualifies to take the Maryland mortician or funeral director examination. (2) "Board" means the State Board of Morticians and Funeral Directors. (3) "Maryland mortician and funeral director examination" means the legal and practical examination that is given by the Board to test the competency of individuals applying for a Maryland mortician or funeral director license. 10.29.02.02
.02 Scope of Examination. The Board will give a two-part examination which consists of a: A. Legal part, testing the applicant's knowledge of Maryland law and regulations governing mortuary science, including subject areas disclosed to applicants as part of a notification of the upcoming examination sent to all licensed apprentices and other applicants; and B. One of the following: (1) Practical part for morticians, testing competency in embalming and otherwise preserving a dead human body, as specified in Health Occupations Article, §7-304(d)(1)(i) and (ii), Annotated Code of Maryland; or (2) Practical part for funeral directors, testing competency in hazardous waste and washing and handling a dead human body. 10.29.02.03
.03 Requirements for Examination. 2 An applicant shall: A. Hold an apprentice license or have completed the apprenticeship requirements; B. Submit an application for examination on the required form; and C. Pay to the Board a $100 fee.
10.29.02.04
.04 Passing Score. A. A minimum passing grade of 75 percent is required on the: (1) Law examination; (2) Practical examination. B. An applicant who fails either part of the examination may retake that part of the examination one time during the next examination period without paying an additional $100 fee. C. An applicant who fails both parts of the examination may retake the entire examination one time during the next examination period without paying an additional $100 fee. D. The Board shall notify each applicant by mail of the results of the examination within 45 days after it is taken. Numerical scores may not be given out unless requested in writing by the applicant. 10.29.02.05
.05 Frequency of Examination. The Board shall hold an examination twice a year, in April and October. 10.29.02.06
.06 National Examination. A. Before granting a Maryland mortician or funeral director license, the Board shall require an applicant to take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States. The national examination may be taken either before or after the applicant takes the Maryland examination. An applicant may retake the national examination as often as is necessary to fulfill this requirement. B. A minimum passing grade of 75 percent on each section of the examination is required. C. The two sections of the examination are: (1) Funeral service science, which includes: (a) Embalming,
3 (b) Restorative art, (c) Microbiology, (d) Pathology, (e) Chemistry, and (f) Anatomy; (2) Funeral service arts, which includes: (a) Sociology of funeral service; (b) Psychology and counseling; (c) Funeral directing and professional relationships; (d) Business law; (e) Funeral service law; (f) Funeral merchandising; and (g) Accounting. 10.29.02.9999
Administrative History Effective date: May 4, 1987 (14:9 Md. R. 1080) Regulation .01B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .06A amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
The purpose and intent of this chapter is to prescribe minimum standards for new funeral establishments, renovations of existing funeral establishments, and change of ownership of funeral establishments where the practice of mortuary science or funeral direction is conducted. 10.29.03.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined.
(1) "Board" means the Maryland State Board of Morticians and Funeral Directors. (2) "Deficiency" means a specific failure to comply with the requirements set forth by the Board. (3) "Funeral establishment" means any building, structure, or premises licensed by the Board, with facilities for: (a) Embalming or holding a dead human body for disposition; (b) Viewing of the body; and (c) Funeral services. (4) "Funeral service business" means a business owned or co-owned by a licensed mortician or funeral director involving the practice of mortuary science or funeral direction by a licensed mortician or funeral director. (5) "Holding room" means a room which is: (a) Used exclusively for the holding of dead human bodies if arterial embalming is not a function of the funeral home establishment; and
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(b) Distinct from the viewing room, chapel, or any other part of a funeral home establishment. (6) "Inspection" means a survey of a funeral establishment by an investigator designated by the Board to ensure compliance with this chapter. (6-1) "Ownership" means having or controlling directly or indirectly at least 10 percent interest in the corporation, partnership, association, organization, or other business entity. (7) Practice Funeral Direction. (a) "Practice funeral direction" means: (i) To operate a funeral establishment; and (ii) To arrange for or make final disposition of a dead human body for compensation. (b) "Practice funeral direction" does not include, for compensation: (i) Disinfecting or preserving a dead human body or a dead human body's parts by arterial or cavity injection or any other type of preservation; or (ii) Otherwise preparing a dead human body for disposition. (8) "Practice mortuary science" means: (a) To operate a funeral establishment; (b) For compensation, to prepare a dead human body for disposition, including disinfecting or preserving a dead human body or a dead human body's parts by arterial or cavity injection; and (c) For compensation, to arrange for or make final disposition of a dead human body. (9) "Preneed contract" means an agreement between a consumer and a licensed funeral director or licensed mortician to provide any goods and services purchased before the time of death. (10) "Preparation room" means an area with a minimum of 120 square feet which is used exclusively to prepare dead human bodies for final disposition if arterial or cavity injection is a function of the funeral home establishment, and which is separate and distinct from the viewing room, chapel, or any other part of a funeral establishment. (11) "Supervising funeral director" means a funeral director who is responsible to the Board for compliance with the Maryland Morticians Act for all operations of a funeral establishment including, but not limited to, the administration of pre-need accounts. (12) "Supervising mortician" means a mortician who is responsible to the Board for compliance with the Maryland Morticians Act for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts. (13) "Viewing room" means an area in which a dead human body is placed on display and which is a separate and distinct area from the preparation and holding room.
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.03 License Required for Funeral Establishment. A. The Board shall license a funeral establishment before the establishment may be used for the practice of mortuary science. B. The Board shall issue a funeral establishment license to a funeral establishment that: (1) Has complied with all applicable federal, State, and local laws; (2) Has submitted an application to the Board on the required form at least 60 days before the opening of the business; (3) Has paid the application fee; and (4) Operates in accordance with Health Occupations Article, Title 7, Annotated Code of Maryland. C. A license shall expire on the date set by the Board, unless the license is renewed for an additional term at a fee set
by the Board. D. A license is nontransferable and may not be renewed for a term longer than 2 years. E. Upon a sale or change in ownership of the funeral establishment, the new owner shall request a new license which shall be submitted to the Board in writing with supporting documentation reflecting the sale or change of ownership. F. The Board shall issue a new establishment license reflecting the sale or change in ownership if: (1) The Board approves the submitted documentation; and (2) An inspection of the establishment results in a finding that the establishment is in compliance with all applicable laws. G. A license, and the licenses of individual licensees employed at the establishment, shall be displayed prominently at the premises. H. The funeral establishment: (1) Shall employ and designate, on a form provided by the Board, a supervising mortician or supervising funeral director, licensed in accordance with State laws, who shall be continuously responsible; (2) Shall prominently display on a sign, not smaller than 5 inches by 11 inches, located either immediately outside or immediately inside the main entrance, in letters not less than 1-inch high, the following information: (a) The names of each licensee who holds at least a 10 percent ownership interest in the partnership, professional association, or sole proprietorship which operates the funeral establishment; (b) The names of any individual, corporations, or other business entities, which either directly or indirectly hold an ownership interest of 10 percent or more in the corporation or business entity that operates the funeral establishment; and (c) The names of all restricted establishments operating from that funeral home. (3) That does embalmings and has designated a funeral director as the supervising agent shall employ a licensed mortician on staff;
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(4) May not be required to apply for a new funeral establishment license if there is a change of a supervising mortician or supervising funeral director; (5) Shall notify the Board, on a form provided by the Board, of a change of supervising mortician or supervising funeral director within 10 days of any change; (6) May not operate without a supervising mortician or supervising funeral director, who shall be continuously responsible, for more than 30 calendar days; and (7) Shall either: (a) Ensure that medical waste is picked up by a licensed medical waste disposer not less often than every 60 days from the date generated; or (b) Develop a written plan to submit for approval by the Board that outlines specific procedures for disposal of medical waste not later than 60 days from the date generated, in accordance with methods outlined in COMAR 10.06.06. 10.29.03.04
.04 Inspection by the Board of Morticians. A. A licensed funeral establishment shall be open at all reasonable times for inspection by the Board. Inspection results shall be written on forms approved by the Board. B. Each funeral establishment shall be inspected: (1) On a biennial basis; (2) In furtherance of an investigation; or (3) Upon the sale or change of ownership of the establishment. C. An owner, supervising mortician, supervising funeral director, or licensed designee shall be available to accompany the inspector during the inspection and sign the inspection report. D. The following forms shall be available for inspection, with a copy given to the inspector for the inspector's records: (1) A general price list of charges for services to the public; (2) A completed and duly signed funeral service contract with any invoices attached; (3) A price list of caskets as charged to the public; (4) A price list of outer containers, as charged to the public; (5) Cremation forms: (a) Authorization form to cremate,
(b) Cremation identification form, and (c) Disposition of cremated remains notification;
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(6) A preneed contract form with a bank statement form, for verification of an escrow or trust account; (7) A copy of the hazardous waste certification form described in §E(6)(d) of this regulation; and (8) An authorization to release the body to the establishment. E. Standards for Inspection of Licensed Funeral Establishments. (1) Preparation Room. If arterial or cavity injection will take place at the funeral establishment, the funeral establishment shall maintain on the premises a preparation room which shall be adequately equipped and maintained in a sanitary manner for the preservation and care of dead human bodies. The minimal requirements are as follows: (a) The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, impervious, washable material, (b) The floors, walls, and ceilings shall be in a clean and sanitary condition, (c) The lighting shall be adequate, (d) The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations, (e) Doors to the preparation room shall be tight-closing and the windows maintained to obstruct any view into the preparation room; (f) The preparation room shall be a minimum of 120 square feet; and (g) If a refrigeration unit is on the premises, the refrigeration unit shall be clean, sanitary, and in good working condition. (2) Holding Room. If arterial or cavity injection will not take place at the funeral establishment, the funeral establishment shall maintain on the premises a holding room which shall be adequately equipped for the holding of dead human bodies which shall be kept in a clean and sanitary manner and used exclusively for the holding and storage of dead human bodies. The minimal requirements for the holding room shall be as follows: (a) The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, impervious, washable material; (b) The floors, walls, and ceilings shall be in a clean and sanitary condition; (c) The lighting shall be adequate; (d) The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations; (e) Doors to the holding room shall be tight-closing and the windows maintained to obstruct any view into the holding room; and (f) The holding room shall be a minimum of 120 square feet. (3) Instruments and Equipment. (a) Instruments shall be autoclaved, steamed, or cleaned with a chemical disinfectant commonly used in the industry.
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(b) The preparation table shall have a nonporous surface. (c) The removal stretcher and litter shall have a waterproof pouch. (d) If a refrigeration unit is on the premises, it shall be clean, sanitary, and in good working condition. (4) Water Supply. (a) Each establishment shall have hot and cold running water. (b) The drain pipe for the water supply shall be at least 2 inches in diameter. (c) Each establishment with a holding room or preparation room shall have floor drainage. (5) Chemicals. All chemicals shall be plainly marked with appropriate warning labels. (6) Waste. (a) The preparation room shall be equipped with covered waste receptacles. (b) Infectious waste shall be clearly identified and separate from other waste and put in a rigid container. (c) Blood and waste shall be disposed of in accordance with COMAR 10.06.06.01—.08. (d) A copy of the hazardous waste certification form provided by the licensee's hazardous waste contractor shall be provided to the Board's inspector. (e) The removal vehicle shall contain a universal precaution kit which shall contain at least: (i) Disposable gloves; (ii) Antibacterial hand wipes; and
(iii) A hazardous waste container for the proper disposal of wastes. (7) Removal Vehicle. The removal vehicle shall be suitable for the transportation of dead human remains with remains obscured from public view and maintained in a sanitary manner. (8) Funeral Service Establishment Premises. (a) The remaining areas of the establishment shall be in good repair and clean and safe. (b) If the funeral establishment has a memorial gathering area, it shall be in good repair and clean; if that area is built or renovated, or the establishment is acquired that memorial room shall be at least 300 square feet in area. (c) If a funeral establishment has a casket display room, prices shall be displayed on the casket or caskets. (d) The inspection shall assess the general cleanliness of the establishment and whether there are properly functioning, sanitary restrooms. (e) The business telephone shall be in working order at the establishment. (f) A sign or lettering on the windows or building indicating the name of the establishment shall be conspicuously displayed and the name on the sign shall be the same name on the establishment license.
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(g) If one or more businesses, in addition to a funeral establishment, are under one roof, a separate sign shall indicate the entrance and exit of the funeral establishment. F. After the inspection is completed, an exit interview shall be conducted to apprise the owner or supervising mortician of the findings of the inspection. A copy of the inspection report shall be left with the owner or supervising mortician who shall verify receipt of the report. 10.29.03.05
.05 Establishment Inspection Report and Deficiencies. A. The Board shall review the inspection report and make a determination as to whether a deficiency exists. B. The Board shall notify the establishment in writing of the results of the inspection. C. If a licensee passes an inspection, the licensee shall prominently display on the premises a statement issued by the Board that the establishment has successfully passed an inspection. D. If the Board finds a deficiency, the Board shall send to the owner within 2 weeks of the inspection notification of the deficiency or failure to pass the inspection. E. Correction of Deficiency. (1) Except as provided in this section, an owner shall correct a deficiency within 30 days after receipt of notification. (2) The Board may require immediate correction of a deficiency if the Board considers the correction necessary in the interest of public health. (3) The owner may request an extension of time for correction of a deficiency. (4) The Board may approve an extension of time for correction of a deficiency. (5) Upon completion of correction of all deficiencies, the owner shall notify the Board. (6) Upon notification, the Board or its designee shall reinspect the establishment and the Board shall notify the owner in writing of the results of the reinspection within 1 week. (7) If reinspection reveals additional deficiencies not cited in the first report, the owner shall correct those deficiencies in the time period specified by the inspection agency unless an extension of time is requested by the owner and approved by the Board for correction of the additional deficiencies. 10.29.03.06
.06 Inspection of Funeral Service Businesses. A. A funeral service business shall: (1) Before commencing the conduct of a funeral service business, submit a description of the type of services offered to the public to the Board for the Board's review and approval; (2) Comply with: (i) All federal, State, and local laws;
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(ii) Advertising requirements as set forth in COMAR 10.29.12; and (iii) Regulation .04D of this chapter; (3) After July 1, 2001, submit to the Board copies of the documents listed in Regulation .04D of this chapter; and (4) Beginning January 1, 2002, submit annually to the Board copies of the documents listed in Regulation .04D of this chapter created during the preceding year. B. Upon the Board's inspection of the funeral service business's document submission under Regulation .06A(3) and
(4) of this chapter, the Board shall complete an inspection report and provide a copy to the owner of the funeral service business through a method that verifies the owner's receipt of the report. C. A licensee who is not an owner or employee of a funeral establishment who provides services under Regulation .02B(5) and (6) of this chapter and who intends to hire employees to provide such services, shall hire only individuals licensed by the Board. 10.29.03.07
.07 Funeral Service Business Inspection Report and Deficiencies. A. The Board shall review the inspection report and make a determination as to whether any deficiencies exist. B. The Board shall send notification of existing deficiencies or failure to pass the inspection to the funeral service business owner, within 30 days after receipt of the inspection report described in Regulation .06B of this chapter. C. Correction of Deficiency. (1) The owner shall correct the deficiencies within 30 days after receipt of the inspection report described in Regulation .06B of this chapter. (2) The owner may request an extension of time from the Board to correct deficiencies which the Board may approve. (3) Upon completion of corrections of the deficiencies, the owner shall notify the Board and submit documentation supporting and reflecting the corrections. (4) If the Board's inspection of the submitted corrections reveals deficiencies not cited in the first inspection report, the owner shall correct those deficiencies in a time period specified by the Board. (5) The owner may request an extension of time to correct the additional deficiencies, which may be granted by the Board. 10.29.03.08
.08 Penalties. A. Failure to allow an inspection of the establishment or funeral service business shall result in an immediate suspension of an establishment license or in the case of a funeral service business, the licensee's license, subject to a subsequent opportunity for a hearing under Health Occupations Article, ยง7-319, Annotated Code of Maryland. B. Failure to comply with a notice to correct deficiencies or violations within the 30-day period, or any reasonable extension granted by the Board in Regulation .05E or .07C of this chapter, shall result in an immediate suspension of an establishment license or in the case of a funeral service business, the licensee's license, or the denial of a renewal
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of an establishment license, subject to a subsequent opportunity for a hearing as set forth under Health Occupations Article, ยง7-319, Annotated Code of Maryland. C. Disciplinary action may not be taken against a supervising mortician or funeral director for the acts or omissions of another unless the supervising mortician or funeral director knew or should have known of a violation of the Maryland Morticians Act. 10.29.03.9999 Administrative History Effective date: January 20, 1992 (19:1 Md. R. 32) Regulation .04D amended effective November 29, 1999 (26:24 Md. R. 1858) Chapter revised effective November 26, 2001 (28:23 Md. R. 2054) Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02B amended effective August 27, 2007 (34:17 Md. R. 1508) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .03H amended effective August 27, 2007 (34:17 Md. R. 1508) Regulation .03H amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .03H amended effective September 7, 2009 (36:18 Md. R. 1380) Regulation .04B amended effective September 7, 2009 (36:18 Md. R. 1380) Regulation .04C amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .08C adopted effective August 27, 2007 (34:17 Md. R. 1508) Regulation .08C amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
Chapter 04 Fee Schedule Authority: Health Occupations Article, §§7-205, 7-206, 7-303(b)(6), 7-304(e), 7-305(b)(1), 7306(b), 7-307(a)(4), 7-308(a)(4), 7-308.1, 7-309(b)(4), 7-310(b)(1)(ii), 7-311(a)(4), 7-314(c)(2), 7-315(a)(3), and 7-321, Annotated Code of Maryland 10.29.04.01
.01 Scope. This chapter governs all persons licensed by the Board of Morticians and Funeral Directors in Maryland. 10.29.04.02
.02 Fees. The following fees are established by the Board: A. Mortician and Funeral Director examination fee ... $265; B. Mortician license, initial fee ... $600; C. Mortician license, renewal fee ... $600; D. Apprenticeship license, initial fee ... $325; E. Apprenticeship license, renewal fee ... $325; F. Corporation license, renewal fee ... $975; G. Establishment license, initial fee ... $700; H. Establishment license, renewal fee ... $700; I. Funeral director license, initial fee ... $600; J. Funeral director license, renewal fee ... $600; K. Executor license fee ... $250;
2 L. Surviving spouse license, initial fee ... $600; M. Surviving spouse license, renewal fee ... $600; N. Courtesy card license, initial fee ... $600; O. Courtesy card license, renewal fee ... $600; P. Late license fee—payable if renewal fee is received more than 15 days after the expiration date ... $400; Q. Reinstatement fee—payable after failure to renew the license within 5 years of the date of expiration ... $600; R. Inactive status fee ... $300; S. Inactive status renewal fee ... $300; T. Reactivation of license fee ... $300; U. Continuing education vendor fee ... $100; V. Duplicate Wall Certificate ... $50; W. Duplicate License ... $35; X. Licensure Verification / Certification ... $40; Y. Failure to notify the Board within 30 days of an address change ... $50; Z. Returned check fee ... $40; AA. Establishment name change ... $150; BB. Non-compliance inspection fee, first offense ... $50; CC. Non-compliance inspection fee ... $100. 10.29.04.03
.03 Terms. A. Licensees shall pay to the Board of Morticians the fees set forth in: (1) Regulation .02A(3) of this chapter by April 30 of every year ending with an even number; (2) Regulation .02A(5) of this chapter annually; (3) Regulation .02A(6), (9), (12), and (14) of this chapter by November 30 of every year ending with an even number; and (4) Regulation .02A(8) of this chapter by November 30 of every year ending with an even number;
3 B. The Board of Morticians and Funeral Directors shall prorate the fees set forth in Regulation .02A(2), (7), (8), (10), and (12) of this chapter in 1-year intervals until the date of expiration. 10.29.04.9999 Administrative History Effective date: May 11, 1992 (19:9 Md. R. 879)
Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02 amended effective September 27, 1993 (20:19 Md. R. 1472) Regulation .02 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2093); amended permanently effective February 13, 1995 (22:3 Md. R. 154) Regulation .02 amended effective November 16, 2009 (36:23 Md. R. 1817) Regulation .02A amended as an emergency provision effective March 1, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 885) Regulation .02A amended as an emergency provision effective October 1, 2002 (29:16 Md. R. 1285); amended permanently effective October 28, 2002 (29:21 Md. R. 1646) Regulation .02A amended as an emergency provision effective January 1, 2004 (31:4 Md. R. 313); amended permanently effective March 29, 2004 (31:6 Md. R. 509) Regulation .02A amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .03 amended effective September 27, 1993 (20:19 Md. R. 1472) Regulation .03A amended as an emergency provision effective March 1, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 885) Regulation .03A amended as an emergency provision effective October 1, 2002 (29:16 Md. R. 1285); amended permanently effective October 28, 2002 (29:21 Md. R. 1646) Regulation .03B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DLRECTORS C hap ter 05 Co ntinuin g Education Allihorit y: !-' callh Occ upnlioll s Article. §§7-20S lind 7-3 14(c)(4). AlIlIOIiHCd Code of Maryland /U.19,05.01
.01 cOile. Thi~
rcgullliion .I:lo ... ~m!'o II pcn;on prnclic:ing as IS mortician, funernl director. or holder of It survl\'ing -spouse license in
~ l ttry1:md .
UJ,19.{)5,Ol
.02 Oetinitions. A. In this chnplt'T. the rollowmg lent1s have the mennings incllcutcd,
B. TCl11l.'IlXfincd.
(1)
~Bo'Ir-d ~ mC:lns
Ihe Board of Monicians nod FuncmJ Directors.
(2) "Cotlllrlumg education unit (CEUr mc:ms 50 clock minutr;:s of eduC(ltion31 inSln.lClion in a Bo:lrd-Ilpprovl!d com inuing educlltion progrum "Funcrnl director" ll1t'nnll till Indivldunl who Is Ilccnlied by the for embalming.
(J)
(oil -!\ Iortldan- mc:'!n, lin mdh,jdulIl who pnu:llc:cs monunry
BOlmll o
practice llllllllltl:c ts of 1110t1U1U)' science except
~Ience .
(5) "Surviving spouSe" means the legnl Widow or w,do .... tr of II llcc:nlicd funernl dim:lor or lic:ensed mortician ...... ho!>C lIecnsc WIlS In good sllInding !\Ilhe lime ofdemh. llnd Who.ltllhc limc of delith. wholly or panly o..... ned tlnd opcmlcd n monUM)' !<Clcnct' bu!>inCM. IO.29.05,(}j
.03 tand:trds of Co ntinuing Educ:tfion Prcapproval. A.
continuing cduetllion course (If .... ork~hop mn)' be quulified for llppro\'nl if the Bonro delenninc!> Ihal it:
ll) Constitutes an orsnnized progrnm of learning. including a symposium, which comrihUles directly m the prolessional competency of the licensee: (2) I:> related to the practice: ofmortunry sciencc:
(3) 1:J conducted by individUl\l~ considered e.. pcrts in the subject mUller of the: progr:un by reason of education, tmining, or
e)(pericnce: and (4) Is accompanied by a p;iper, manu:ll, or wrillen outline which substllminlly describes the ~ubjecl muller orthe program. Il. An individuuJ seeking to cunduct
il scrniniLr, \vorkshop, or prescntation sh::all:.ubmit for Board approval at lcast6 in ndvance of the propo:.cd :.emin<lr. workshop. or prc:scnt,tl;On the following :
(I) Documcnwtion indicaung the number of CEUs that will be
wcck~
propo~ed ;
l2J A dcscription orthe eoun;e: (3) Qualifications of Ih~' preSL;!nter; (4) A eour:.coutlinc: lind
(5) Any manuals or other documcms to be distributed.
10.29.05.04
.04 Post-A.pproval and Review. A. E:oeh liccnsee beekin~ credit ror attendance :md participation in:1I1 education proijr.un Ih:11 i~ not prc:Lpproved by the Board shall :.ubmit 10 the Board. within 30 days ullcr completion or tlte activity. lite rollowing:
(I) Activity's dmes;
(2) Subjccts covcred: (3) N:\m¢~ of inStr\lttor:. lind their tlualiiiclltions: un.!
(4) Number ofCEUs requested, D. Within 90 doys :tncr reccipt of the uppliealion. the licensee .<;htlll be advised by the bo::ard, in writing. as to whcthcrthe lietivilY is appro\ed :md the numbcr ofCEUs allowed. C. A lieensC!e mlly he denied eredil if the licenscc fails locomply with the
requi remenL~
orthts regulation.
D. A continuing cduc:nion course or workshofJ already npprovl.:tl by the Goard mlly be monitored or revicwed by the Board. and, upon evidence of significant variation in tlte program presentcd rrorn the progr,lm :tPI'roved. all or any pan of the :lpprovcd hour.; granted the program may be disapproved.
10.29.05.05
2
.05 Continuing Education Requirements. A. The following liccnsee~. cxcept till othel'\vist: SUlLed. Itt the time or rcnewuL shall tduCllLlon III the field lIfrnllrtuary SCII:nCC to the Ooard :
~ ublllit
documentlltion of cominuing
(t l Morticillns:
(2) Funcml dIrectors; lind (J) Survj\ Ing spouSC$
B. Tht: morticians. funerul dircctors. und ~ urvi ving Spou~S nlllY begin to uecunlulate CEU" beginning Muy 1. 1994 for Ihe renewal rcriod of April 19% for rnortleHlIlS and Novcmber 1997 for runeml dlrectOfll and surviving spouses. C EXccl't us provided in this reguhulon. ench licensee m the Stnle shull .!oubmi l. wuh the llccn~e renewnl IIpplie:uion. a lis' oftl n\llllmum of 12 CEUs c:lch renew:!1 period of cominu ing educution course: work nppro\ cd by thc Board. The Board ~hnll undcnake 11 rnnl10m audit or:l eenn;n percenUlgc oruccnSCeS to dclenninc CEU complhmcc.
D. CEUs mlJY be oblnincd by IIlLending :tnd J'o1niciplllmg III conunumg tduc:llion cour!<ot~.( or work~hop( previously al'Pro\ cd by the Boan! or olhcl'\\'i'ic mecLtng Ihe requircmcnLs tlnd IJppro\'ed by Ih~ Boord. E. Durin~ Ihe IllI1e un oll\an; /.Illion. educational institutio". or )'tl'Son is an approved sponM)r. nil conlHLumg educAtion progrums of the orgunl71lttOn. edueallonAI insl iluuon. or ncl'Son mn)' be tlppro\'ed by Ihe Board. F. The BOllrd !ohull waive contltluing education re(lulremcnLs for ind;vidUllls newly licensed for Ihe firsHirnc rcncwnl of II Ilccn-w. G.
E.~eept
as 8110\\ ct.I by the Board. II licens<:c nm)' nol rc:d\ c credit c:lleeeding nint CEUli of the blcnnial tOllll requIred:
(I) For eo~pondcncc \\ ork:
(.2) For Video. sound路fI.'corded. or telC\ Ision I'TOgrnms: or (J) By in foml:uion Imn~mith,:d by other similar mCllns 115 lluthorized by the Bo:trd.
II. Service fL~ II Ict lurcr or dl1>Cus.~ion IC:ldel' lIlu)' be included to the extent that it contributcs 10 the I'rofe~:.ion:1 1 comr etenc)' of lhe applicant. bUI repctitiou!o prc~cnHllions muy not be counted and not morc than 50 )'tI"Cenl or the t01l11 n."quired CEUs m:ly be satisfied in Ihi~ mallner I TIlc mtlxil1lul1I number of CEU~ \\ hich may be gruntcd for any lIinylc clJnLinuing eduelliion cour..c or \\ork~hop single topic is !I;l(.
J. A lIcensee may not receIve mote than three CEO!' \\ hhin Q rene\\ III period for (lLLending n Bollrd of M onic i lln~ Ilnd Fnneml DireclOrs board mceting.
K. A licensee ma)' ohtain three CUU5 for nny businesS CIJ U ~CS completed llnd approved by the Board. L Artcr the rcnewIII renod beginning MIIY 1.2008 rQr mortldlln~. lind Deccmber I. 2001( for tUneml dlTcclors olld lOuf"\Iwlng spouse IIccn:.cc~. Cllrry-ovcr CrcdllS mny nOI be gflLIIlel.i per rCl1t\val cycle
M. t\ liccn..cc shall cnm 1IIIIIIlImum or I CEU hour In an IJl'l'to\'cd course on prencl,\ll:lw JlCT rC'ncwlll cycle
3
10.19 OJ 0,
.06 Exemptions. A The BOllrd ~hull gmnl an exemption from meeting the continuing education requirements to II licclll>cd moniciu!1. f\mcm l director. or surviving ~pou.)C liccn~c holder who Ims prncuctd monullry science in the SUIte lor ~O yen.,; lind has l>ubmhh:d :I on~路limc requeSt for:an exemption 10 Ihe Board :1I lhc lime orliccnsc renew:!!
The Bo.'1rcl shlltl consider II .... ai\'ef of 1111 or p:lM or the conlinuing education requirements on :I c:I:'C路b}-CllSC basis for II Iic:cnscd monida". (uncl'lIl director. or surviving spou:.!: license holder based on clOCUmCnL'lUOn or diSlIbtlllY or unusual circumstnnce:. l)
C. A monicinn. funeral director. or !'our. hing spouSe ticcnltCc whose license: is on Ull inactive "un us ill not the continuing eduClltion
~ulrt:d
10 meet
rC\luircmcn l ~.
D. Upon I'C!lCth'alion arun inactive liccnM:. n moniciun, funcrull1irector, or ~ur\'i\'ins ltpoUSI.' ~hnll ltubmit documcnt:ll lon or CEU, for the: current renc"al period In which the Hcen~ is n:acti\'lltro .
IO.19.0j.9999
A dmiuistr(lfh'e f!i,\'wry ErrCClil'C dlllC: December 5. 199 .. (21 :24 i\ llI . It. 1988) I(~~u lml ll,lll .D! tl IllllCndtl1 M~ kll 25. 21){j1l (J5: ~ ;0."1, It ~ t" )
(Ul~rl:~II~)
IIr", I~hl" rfr~NI\ t S'l\"tl1lb~r !i. lOD 71J" :l" ;\111. H. . 21M): ~lll~lUklll 'tr Ul~ ll C "'ly clfN:lh u f~hru mr)
Ih'l:lIbll"A ,OSJ . ",e",ltd .1 an :!- l0611 (35: 4 Mil. R. !i 1~ 1
tmrl"l.tll~1
pflll h lun dT芦lht :'Ioulrnlll\'r 5. Z007 (J.( : ! ~ 'hi. R.
! 1!-I ):. '"rlldctlllfrlllanclIll~
dT芦lllc fd1n'~.,
4
Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 06 Preneed Contract Authority: Health Occupations Article, §§7-404, 7-405, and 7-504, Annotated Code of Maryland 10.29.06.01
.01 Scope. These regulations apply to all preneed contracts entered into by a licensed mortician, a licensed funeral director, and a holder of a surviving spouse license with a buyer. 10.29.06.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Annual Report" means the report required annually to document those preneed trust accounts established in 1998 and after 1998. (2) "At need" means funeral arrangements made after the death of an individual by one authorized to make those arrangements. (3) "Beneficiary" means the individual on whose behalf the preneed contract is purchased. (4) "Board" means the State Board of Morticians and Funeral Directors. (5) "Buyer" means an individual who agrees to buy certain mortuary science services and merchandise in a preneed contractual arrangement. (6) "Casket vault" means a combination casket and outer burial enclosure. (7) "Contract" means preneed contract. (8) "Irrevocable trust" means an arrangement, which cannot be revoked after its creation, by which property is transferred with the intention that it be administered by a trustee for another's benefit.
(9) "Licensee" means an individual who has been issued either a mortician, funeral director, or surviving spouse license by the Board. (10) "Preneed addendum form" means the form provided by the Board to show the allocation of preneed funds. (11) "Preneed contract" means an agreement entered into by a licensed mortician, a licensed funeral director, or holder of a surviving spouse license with a buyer in advance of the death of that individual or beneficiary. (12) "Seller" means a licensed mortician, licensed funeral director, or a holder of a surviving spouse license who agrees to sell certain mortuary science services or merchandise in a preneed contractual arrangement between a buyer and a funeral establishment. (13) "Trustee" means the seller of preneed mortuary services or merchandise selected under the terms of an irrevocable trust arrangement established on behalf of the beneficiary for the purpose of eligibility for Social Security or other governmental benefits. (14) "Unable to perform" means that the seller has died or become disabled, or that the funeral service business has discontinued. 10.29.06.03
.03 Execution of Preneed Contract. A. Only a licensed mortician, licensed funeral director, or holder of a surviving spouse license may make prearrangements and execute preneed contracts with buyers. B. The seller shall present to the buyer a preneed contract which contains all of the information set forth in Health Occupations Article, ยง7-404, Annotated Code of Maryland. C. The seller and buyer of a preneed contract shall execute the contract in duplicate, with a copy of the original contract given to the buyer at the time that the contract is signed. D. The seller shall state in the preneed contract: (1) The time required for fulfilling the terms and conditions of the contract; (2) The cancellation terms; and (3) The conditions of refunds. E. On June 15 of every year, the seller shall file with the Board a report on forms provided by the Board which includes: (1) A certification by a certified public accountant of the seller's compliance with Health Occupations Article, ยง7405, Annotated Code of Maryland; and (2) Any other information the Board considers necessary. F. A preneed contract may be funded by a life insurance policy or an annuity contract. G. A seller who funds preneed contracts using a life insurance policy or an annuity shall have an insurance license.
2
H. A seller who funds preneed contracts using a life insurance policy or annuity shall: (1) Give the buyer a copy of the completed contract form signed and executed by the licensee, buyer, and insurance agent at the conclusion of preneed arrangements; (2) Ensure that the insurance company listed on the application for insurance is the recipient of the payment when the buyer is executing payment; (3) Send a copy of the certificate of insurance to the buyer immediately upon receipt of the approved insurance policy; and (4) Present a copy of a filed death certificate policy claim form and any other information required by the insurance company for payment of services provided under the preneed insurance contract. I. Funds may not be transferred from a money-trust to an insurance-funded vehicle without the approval and signature on the insurance application of the buyer or legal representative of the buyer. 10.29.06.04
.04 Disposition of Preneed Contract Fund. A. Within 10 days of receiving payment under a preneed contract, the seller shall deposit into an interest-bearing escrow or trust account that is insured by the Federal Deposit Insurance Corporation (FDIC): (1) An amount from the payment that is equal to at least 80 percent of the selling price of a casket or casket vault under the preneed contract; and (2) 100 percent of the payment that is for all other goods and services under the preneed contract. B. The seller need not have a separate interest-bearing escrow or trust account for each preneed contract executed. C. The seller may place in the escrow account with the other funds up to 100 percent of the price of the casket or casket vault. D. Interest on Preneed Contract Fund. (1) The interest or dividends earned by the interest-bearing escrow or trust account belongs to the buyer of the contract. (2) The seller shall send to the buyer a tax form stating the amount of the interest accumulated in the account each year that the contract is in effect until the time of death of the beneficiary. (3) It is the responsibility of the buyer to pay the taxes due on that interest. (4) Money remaining in the interest-bearing escrow or trust account after the performance of the contract belongs to the seller. E. The seller may not withdraw from the account the money received from the buyer unless the services and merchandise have been provided as agreed to in the contract or unless the buyer terminates the contract. F. The seller may withdraw money from the account if one of the following conditions are met:
3
(1) The buyer or legal representative of the buyer forwards a notarized statement and withdrawal request stating that the seller may: (a) Cancel the prepaid contract if revocable; or (b) Transfer the monies to a named substitute trustee if the prepaid contract is irrevocable; or (2) The funeral home presents a copy of a filed or certified death certificate to the banking institution holding the account funds for payment of services provided under a preneed contract. 10.29.06.05
.05 Obligations of Seller. A. A seller shall provide the buyer with: (1) A general price list of all goods and services for the buyer to keep; (2) A statement of goods and services that are reasonably expected to be required at the time of need, but are not included in the preneed contract; (3) Information concerning cancellation and refund rights under Health Occupations Article, ยง7-405(d), Annotated Code of Maryland; (4) A receipt for all monies received and a copy of the completed forms signed and executed by the seller and the buyer; and (5) A copy of the deposit slip showing the amount of preneed funds deposited into an interest-bearing escrow or trust account with an FDIC insured account under Regulation .04A of this chapter. B. The seller shall perform the contract according to the contract's terms and at the agreed upon price. C. The seller shall substitute comparable merchandise when the specified merchandise is unavailable. D. The seller is not responsible for those events which are beyond the seller's control, such as changes in cemetery requirements. E. Nothing in this regulation shall prohibit a funeral home from its rights to transfer escrow or trust accounts from one institution to another FDIC insured banking institution. The funeral home shall provide the new account information to the buyer along with a copy of the deposit slip within 30 days after transferring preneed funds. F. The funeral establishment and the establishment's supervising mortician shall be responsible for providing the services contracted. In the case of a funeral establishment owned by a corporation licensed under Health Occupations Article, ยง7-309, Annotated Code of Maryland, the supervising mortician and the corporation shall be responsible for the services contracted. 10.29.06.06
.06 Termination of Preneed Contract. A. Except as otherwise provided in this regulation, a preneed contract may not be terminated by the seller.
4
B. Except as otherwise provided in this section, a seller may not withdraw from the preneed interest-bearing escrow or trust account the money received from a buyer unless the services and merchandise agreed to in the contract have been provided. C. At the time a preneed contract is terminated, the seller shall refund to the buyer the payments and interest held for the buyer, if any one of the following conditions occur: (1) The buyer or the legal representative or representatives of the buyer demands in writing a refund of the payments made except as set forth in Regulation .09 of this chapter; (2) The business of the seller is discontinued; (3) The seller is unable to perform under the terms and conditions of the preneed contract for reasons other than an increase in the cost of goods and services; or (4) The buyer fails to pay the entire contract price before the death of the beneficiary. 10.29.06.07
.07 Premature Death of Beneficiary or Buyer. If the death of the buyer or beneficiary occurs before the terms and conditions of the preneed contract are met, the buyer or legal representative of the beneficiary shall be given the option of withdrawing all funds paid and interest accrued or renegotiating a contract with mutually agreed upon financial adjustments. 10.29.06.08
.08 Sale or Change in the Ownership of a Funeral Corporation or Establishment. A. A funeral corporation or establishment which is in the process of being sold shall file with the Board a list of preneed contracts and document that the money resulting from the preneed contracts has been set aside in an interest-bearing, federally insured escrow or trust account. B. The seller of the funeral corporation or establishment shall document that arrangements have been made with the buyer and with another licensee to honor the preneed contracts. C. The seller shall notify the buyers of the preneed contract that the business is being sold and give the buyers an opportunity to either continue the same contractual arrangements with the new owner or to demand a refund of the money paid into the interest-bearing escrow or trust account. D. On the death or disability of the seller or if the seller loses or is unable to use that individual's license, the partners or surviving spouse shall notify the Board and document that the preneed contract money has been set aside and remains inviolate, and that arrangements have been made to honor the preneed contracts. E. On the death or disability of the seller or if the seller loses or is unable to use that individual's license, the buyer of the preneed contract shall be contacted and given an opportunity to either continue the arrangement with the remaining partners or surviving spouse or to demand a refund of the money paid into the interest-bearing escrow or trust account. F. If a licensee files for bankruptcy and that bankruptcy involves assets which include preneed contracts and bank accounts, the bankrupt, or the trustee appointed by the court to handle the bankruptcy, shall:
5
(1) Notify the Board of that bankruptcy filing; (2) Document to the Board the number of preneed accounts that exist; (3) Identify the bank accounts for those preneed documents; and (4) Make assurances to the Board that the preneed accounts will be honored. G. If a licensee files for bankruptcy, the licensee shall notify the buyer of a preneed contract of the filing and give the buyer an opportunity to terminate the contract and obtain a full refund of the money paid under the preneed contract or to make arrangements to continue the agreement with the bankrupt seller or another seller. 10.29.06.09
.09 Irrevocable Trusts. A. A buyer may establish an irrevocable trust with respect to all or any portion of the payment made under the contract in an interest-bearing, federally insured escrow or trust account held by the seller, but only for the purpose of entitling the buyer to be eligible for current Social Security benefits or for benefits under any other plan that restricts eligibility to those with limited assets. B. The seller shall present to the buyer a document establishing the irrevocable trust which provides: (1) The appointment of a trustee to sign all necessary papers to effectuate the contract upon the death of the buyer; (2) That the disposition of income earned by the trust inures to the benefit of the buyer; (3) The transfer of the trust funds, if required; and (4) The disposition of the trust funds if: (a) The business of the seller is discontinued, (b) The seller is unable to perform under the terms and conditions of the preneed contract, or (c) The buyer fails to pay the entire contract price before the death of the beneficiary. C. The buyer or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a substitute trustee. D. If the buyer who sets up an irrevocable trust terminates the preneed contract with the seller, the buyer and seller shall take the following actions: (1) The seller shall maintain the funds in trust for the beneficiary until a substitute seller is selected; (2) The buyer shall enter into a new preneed contract with the substitute seller; and (3) The seller shall transfer the trust funds to the substitute seller for placement in a separate interest-bearing escrow account or trust account.
6
E. Notwithstanding the provisions set forth in these regulations, when a buyer terminates the preneed contract, the funds contained in the irrevocable trust may not be returned to the buyer but the seller shall maintain the funds in trust for the beneficiary. F. Funds maintained in an irrevocable trust are not counted as assets with respect to the buyer's Social Security benefits, Medical Assistance eligibility, or any other plan which restricts eligibility to those with limited assets. G. The seller shall provide in the document establishing a trust the following notice, conspicuously displayed in 10point boldface type: "This document creates an irrevocable trust. Under the terms of this document, a buyer may not receive a refund of any payments made for the preneed burial or cremation contract." 10.29.06.10
.10 Prohibitions. A. The following individuals may not enter into a preneed contract with a buyer: (1) The owner or director of a corporation license issued by the Board who is not also a licensed mortician, funeral director, or holder of a surviving spouse license; (2) A holder of an apprentice license; (3) A holder of a courtesy card license; or (4) An individual who is not licensed by the Board as a mortician, funeral director, or surviving spouse license holder. B. The following individuals may not advertise that they provide preneed contracts: (1) The owner or director of a corporation license issued by the Board who is not also a licensed mortician, funeral director, or holder of a surviving spouse license; (2) A holder of an apprentice license; (3) A holder of a courtesy card license; or (4) An individual who is not licensed by the Board as a mortician, funeral director, or surviving spouse license holder. 10.29.06.9999
Administrative History Effective date: September 26, 1994 (21:19 Md. R. 1635) Regulation .02B amended effective March 18, 2002 (29:5 Md. R. 504); August 27, 2007 (34:17 Md. R. 1508) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
7
Regulation .03 amended effective March 18, 2002 (29:5 Md. R. 504) Regulation .03A amended effective August 27, 2007 (34:17 Md. R. 1508) Regulation .03H, I adopted effective August 27, 2007 (34:17 Md. R. 1508) Regulation .04 amended effective March 18, 2002 (29:5 Md. R. 504) Regulation .04A amended effective August 27, 2007 (34:17 Md. R. 1508) Regulation .04F adopted effective August 27, 2007 (34:17 Md. R. 1508) Regulation .05 amended effective March 18, 2002 (29:5 Md. R. 504) Regulation .05A amended effective August 27, 2007 (34:17 Md. R. 1508) Regulation .05E, F adopted effective August 27, 2007 (34:17 Md. R. 1508)
8
Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 07 Surviving Spouse Authority: Health Occupations Article, ยง7-308, Annotated Code of Maryland 10.29.07.01
.01 Scope. This chapter establishes standards for the issuance of a surviving spouse license by the State Board of Morticians and Funeral Directors. 10.29.07.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Board" means the State Board of Morticians and Funeral Directors. (2) "Funeral director" means an individual who is licensed by the Board to practice funeral direction. (3) "Mortician" means an individual who practices mortuary science. (4) "Mortuary science" means: (a) To operate a funeral establishment; (b) For compensation, to prepare a dead human body for disposition including disinfecting or preserving a dead human body or any of the body's parts by arterial or cavity injection; or (c) For compensation, to arrange for or make final disposition of a dead human body. (5) "Mortuary science business" means the activities and entity related to providing mortuary science services. (6) "Surviving spouse" means the husband or wife who is predeceased by a licensed mortician or funeral director. 10.29.07.03
.03 Issuance of a Surviving Spouse License. A. Upon the death of a licensed mortician or funeral director, the surviving spouse shall: (1) Submit to the Board within 30 days of the death of the deceased spouse: (a) An application on a form required by the Board, (b) Documentation of the spouse's death, (c) Evidence that the licensed mortician or funeral director either wholly or partly owned the mortuary science business for which an establishment license was issued, (d) Information as to the role that the deceased licensed mortician had in the operation of that business, and (e) Any other information requested by the Board to verify either the ownership or operational details of the mortuary science business with which the deceased mortician or funeral director had been associated; and (2) Pay a fee pursuant to COMAR 10.29.04. B. The Board may not issue a surviving spouse license to a licensed mortician or funeral director. 10.29.07.04
.04 Authority of Surviving Spouse License. The surviving spouse license shall authorize the licensee to: A. Continue the operation of the mortuary science business of the deceased licensed mortician as it had been operated at the time of the licensed mortician's death; and B. Assist with the planning and conducting of funeral services for that mortuary science business. 10.29.07.05
.05 Duration of Surviving Spouse License. Subject to the renewal provisions of Regulation .09 of this chapter, a surviving spouse license shall remain effective if the license is used in accordance with Regulation .04 of this chapter. 10.29.07.06
.06 Conditions of Issuance of a Surviving Spouse License. The Board may issue a surviving spouse license if the Board receives: A. Documentation that the business is to be operated under the direct supervision of a licensed mortician or funeral director; B. The name, address, and license number of the mortician or funeral director that will be operating the business;
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C. A written statement from a licensed mortician on a form required by the Board verifying that, if embalming is provided, the licensed mortician will provide direct supervision and perform the embalming or other means of final disposition of dead human bodies on behalf of the mortuary science business requesting the license; and D. Documentation that the business continues to be operated in the same manner or mode as it had been operated at the death of the licensed mortician or funeral director. 10.29.07.07
.07 Limitations of Surviving Spouse License. A. A surviving spouse's practice is limited to the conduct of the deceased licensed mortician or funeral director's mortuary business as the mortuary business had been operated during the spouse's lifetime. B. Nothing in these regulations precludes the expansion or relocation of the business by a surviving spouse. 10.29.07.08
.08 Prohibitions. A. The surviving spouse is prohibited from using the surviving spouse license to conduct business in any manner contrary to the provisions set forth in this chapter. B. The surviving spouse license may not be transferred to another person or to another person's mortuary science business or funeral establishment. 10.29.07.09
.09 Leasing Space. A. The surviving spouse licensee may not be precluded from leasing space in another funeral establishment should the building no longer exist in which the mortuary science business of the deceased licensed mortician or funeral director was conducted. B. If space in a funeral establishment is leased, all transactions, stationery, funeral programs, bank or savings and loan records, advertisements, and other documents shall explicitly serve notice to the public that the mortuary science business operated by the surviving spouse is different from the establishment in which the funerals are conducted. C. If space in a funeral establishment is leased, the name of the business of the deceased mortician or funeral director shall be used in all advertisements, including obituary notice, with the name and address of the funeral establishment from which the space is leased. 10.29.07.10
.10 Renewal. The license of a surviving spouse may be renewed every 2 years if the surviving spouse: A. Submits information on the form required by the Board;
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B. Pays the renewal fee required by the Board pursuant to COMAR 10.29.04; and C. Complies with the requirements under Health Occupations Article, Title 7, Annotated Code of Maryland. 10.29.07.9999
Administrative History Effective date: June 20, 1994 (21:12 Md. R. 1060) Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .06 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 08 Courtesy Card Authority: Health Occupations Article, §§7-101(f) and 7-311, Annotated Code of Maryland 10.29.08.01
.01 Scope. These regulations govern courtesy cards for those licensed to practice mortuary science in other states or countries who wish to transport bodies from Maryland to their states or countries of licensure or from their states or countries of licensure to Maryland. 10.29.08.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Board" means the Board of Morticians and Funeral Directors. (2) "Committal service" means a ritual conducted at the graveside or crematory following a funeral held at a location other than a cemetery or crematory. (3) "Courtesy card" means a license issued by the Board to licensed practitioners of mortuary science in other states or countries which allows these practitioners to: (a) Remove a dead human body from this State and return the body to another state or country; (b) Return a dead human body from another state or country to this State for final disposition; (c) Fill out the family history portion of the death certificate; (d) Sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science without the assistance of or being under the supervision of a Maryland licensed mortician or funeral director; and (e) Participate in committal services in Maryland without the assistance of a Maryland mortician or funeral director.
(4) "Graveside funeral service" means a program or ritual conducted at the cemetery or crematory on behalf of a dead human body instead of one conducted at a funeral home or place of worship. 10.29.08.03
.03 Requirements for Courtesy Card. A. An individual already licensed in another state or country to practice mortuary science may apply to the Board for a courtesy card. B. An individual licensed to practice mortuary science from another state or country, and who is seeking a courtesy card issued by the Board, shall fulfill the following requirements: (1) Complete an application on a form provided by the Board; (2) Have the state or country where the individual is licensed certify, by affixing the seal of that state or country on the completed application, that the applicant is a licensee in good standing in that state or country; and (3) Submit the completed, certified application form along with the fee specified in COMAR 10.29.04. 10.29.08.04
.04 Authority of Courtesy Card. Upon issuance of a courtesy card by the Board, the courtesy cardholder is authorized to: A. Complete the family history portion of the death certificate and file it with the local health department or Department of Health and Mental Hygiene; B. Complete any other forms, including the burial transit permit, incident to the disposition of a dead human body; C. Transport an embalmed or unembalmed body from the state or country of licensure to Maryland for interment or cremation without the assistance of or under the direction of a Maryland mortician or funeral director; D. Transport an embalmed or unembalmed body from Maryland to the state or country of licensure for interment or cremation without the assistance of or under the direction of a Maryland mortician or funeral director; and E. Conduct a committal service without the assistance of or under the direction of a Maryland mortician or funeral director. 10.29.08.05
.05 Fee for Courtesy Card. The fee for a courtesy card, as specified in COMAR 10.29.04, is nonrefundable and shall be prorated according to a schedule set by the Board. 10.29.08.06
.06 Requirements for Renewal of Courtesy Card. 2
To renew a current courtesy card, the courtesy cardholder shall: A. Complete a renewal application form provided by the Board; B. Have the state or country where the individual is licensed certify, by affixing the seal of that state or country on the completed application, that the applicant is a licensee in good standing in that state or country; and C. Pay the renewal fee as specified in COMAR 10.29.04. 10.29.08.07
.07 Prohibitions. The holder of a courtesy card may not: A. Transfer the card to another individual; B. Own a funeral business in Maryland unless the courtesy cardholder is also an owner of or director in a corporation whose license is issued by the Board; or C. Except for the requirements listed in Regulation .04 of this chapter, perform any of the acts related to the practice of mortuary science in Maryland including, but not limited to: (1) Arranging for funerals, (2) Conducting funerals in Maryland, including graveside services, (3) Advertising as a practitioner of mortuary science services in Maryland, (4) Signing contracts for funeral services in Maryland, or (5) Preparing deceased human remains in Maryland for disposal. 10.29.08.9999
Administrative History Effective date: December 19, 1994 (21:25 Md. R. 2105) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 09 Requirements for Apprenticeship Authority: Health Occupations Article, §§7-205, 7-305 and 7-306, Annotated Code of Maryland 10.29.09.01
.01 Scope. This chapter sets forth specific criteria which an apprentice shall meet before becoming a licensed mortician or funeral director in Maryland. 10.29.09.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Apprentice" means an individual licensed by the Board who assists and is employed at the same licensed Maryland establishment as the sponsor of the apprentice, and is under the direct supervision of a licensed Maryland mortician or funeral director. (2) "Apprentice sponsor" means a mortician or funeral director who: (a) Has completed at least 20 services or embalmings; (b) Has been practicing mortuary science as a licensed mortician or funeral director in Maryland at least 1 year immediately before accepting the apprentice; (c) Manages, owns, or is employed in one or more licensed funeral establishments in Maryland; and (d) May be employed by the sponsor or delegated by the sponsor to provide instruction to the sponsor's apprentice. (3) "Board" means the State Board of Morticians and Funeral Directors. (4) "Committal services" means a ritual conducted at the graveside or crematory following a funeral held at a location other than a cemetery or crematory.
10.29.09.02 (5) "Graveside services" means any program or rituals conducted at the cemetery or crematory on behalf of a decedent instead of one conducted at a funeral home or place of worship. (6) "Licensed apprentice" means an apprentice who is licensed by the Board to assist a licensed mortician or funeral director in the practice of mortuary science. (7) "Licensed funeral director" means a funeral director who is licensed by the Board to practice all aspects of mortuary science except embalming. (8) "Licensed mortician" means a mortician who is licensed by the Board to practice mortuary science. 10.29.09.03
.03 Requirements of Apprenticeship窶認uneral Service Arrangement. A. To meet the apprentice requirements set forth in Health Occupations Article, ﾂｧ7-306, Annotated Code of Maryland, an applicant for a mortician's or funeral director's license shall be employed in the same Maryland establishment as the applicant's sponsor and serve under the direct supervision of the applicant's sponsor. B. Applicants shall meet the educational requirements set forth in Health Occupations Article, ﾂｧ7-306, Annotated Code of Maryland. C. Applicants shall obtain practical experience in funeral service arrangements consisting of: (1) Assisting the mortician or funeral director in: (a) Preparing a car list; (b) Seating arrangements; (c) Counseling the family; and (d) The use and care of physical equipment; (2) Handling floral pieces, including: (a) Receipt and proper arrangement; (b) The proper listing of senders and kinds of flowers; and (c) The proper care of floral pieces at the cemetery; (3) Securing necessary certificates from physicians and medical examiners, and records incident to disposition; (4) Removing the deceased to the funeral establishment; (5) Making clothing arrangements; (6) Assisting in the selection of the following:
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(a) Casket; (b) Outer burial container; or (c) Urn; (7) Assisting in the arrangement of the interment; (8) Arranging military or fraternal organization services; and (9) Assisting in the arrangement of a cremation, including filling out and securing proper signatures on the: (a) Authorization for Cremation form; and (b) Identification form. 10.29.09.04
.04 Documentation. A. An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a mortician's license: (1) Certified transcripts of completion of educational requirements as set forth in Health Occupations Article, ยง7306, Annotated Code of Maryland; (2) On the mortician application form provided by the Board, evidence of participation in: (a) 20 embalming assists; and (b) 20 funeral assists; (3) A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of 1,000 hours worked under the direct supervision of the apprentice sponsor; and (4) Embalming reports signed by the apprentice and apprentice sponsor to document the apprentice's participation in 20 embalmings. B. An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a funeral director's license: (1) Certified transcripts of completion of educational requirements as set forth in Health Occupations Article, ยง7306, Annotated Code of Maryland; (2) On the funeral director application form provided by the Board, evidence of participation in 20 funeral assists; and (3) A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of 1,000 hours worked under the direct supervision of the apprentice sponsor. 10.29.09.05
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.05 Embalming Requirements for Mortuary Science Apprenticeship. A. Applicants for an apprenticeship who are studying to be a mortician shall obtain experience in the embalming of dead human bodies which includes training in: (1) Theoretical and practical aspects of the following: (a) Anatomy; (b) Sanitation; (c) Disinfection; and (d) Embalming; (2) Methods for the care and preparation of dead human bodies for final disposition; and (3) The laws and regulations on infectious diseases. B. An apprentice shall submit documentation signed by the sponsor on the form required by the Board of the apprentice's participation in at least 20 embalmings. C. If the apprentice sponsor has more than one apprentice, unless otherwise approved by the Board, only one apprentice may receive credit on the same body if more than one apprentice assisted the apprentice sponsor. D. Applicants for an apprenticeship who are studying to be funeral directors are exempt from the practical aspects of embalming. 10.29.09.06
.06 Commencement of Apprenticeship. A. The apprentice and the apprentice sponsor shall appear before the Board and receive the Board's approval of the apprenticeship before the apprenticeship commences. B. The apprentice and the apprentice sponsor shall sign an agreement with the Board to adhere to the conditions and requirements of apprenticeship before the apprenticeship commences. C. The apprentice sponsor shall submit proof of completion of 20 embalmings or services. 10.29.09.07
.07 Termination of Apprenticeship. A. The sponsor and the apprentice shall submit a notarized statement indicating the: (1) Name of each decedent for whom a funeral arrangement was conducted in which the apprentice assisted; (2) Date of each assisted funeral arrangement;
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(3) Name of each decedent for whom an embalming was conducted in which the apprentice who is studying to be a mortician assisted; and (4) Date of each assisted embalming. B. In order for an apprentice to receive credit for the required funeral assists and embalmings, the apprentice shall submit a notarized statement to the Board which reflects the number of assisted funeral arrangements and assisted embalmings completed within 30 days of termination of the apprenticeship to the Board. C. In order for the apprentice studying to be a funeral director to receive credit for the required funeral assists, the apprentice shall submit a notarized statement to the Board which reflects the number of assisted funeral arrangements completed within 30 days of termination of the apprenticeship. D. Documentation by the apprentice and apprentice sponsor shall be independently submitted to the Board within 30 days of the date of termination of the apprentice sponsor and apprentice relationship as noted in Health Occupations Article, ยง7-306(c)(4), Annotated Code of Maryland. E. The Board shall maintain the documentation of apprenticeship requirements for 3 years after the date of termination as noted in ยงB of this regulation and apply the apprenticeship requirements to the individual seeking a mortician's license. F. After 3 years from the date of submission of the documentation by the apprentice to the Board, the Board may not apply credit for the apprenticeship unless an individual petitions the Board to do so citing unusual circumstances which the Board may decide on a case-by-case basis. 10.29.09.08
.08 Laws and Regulations. All licensed apprentices shall become competent in the knowledge of Maryland and federal laws and regulations as they apply to the funeral profession. 10.29.09.09
.09 Waiver of Apprenticeship Requirements. A. A mortician or funeral director who is licensed by another state and who is in good standing with the state of licensure may apply in writing to the Board for a waiver of the examination and apprenticeship requirements under Health Occupations Article, ยง7-303, Annotated Code of Maryland. B. The Board may issue a mortician or funeral director license to an applicant who is licensed to practice mortuary science or funeral direction in any other state if the applicant: (1) Is a licensed mortician, funeral director, or other equivalent health care occupation in good standing and has practiced continuously in the state of licensure as a mortician for at least 5 years preceding the waiver request; (2) Serves an apprenticeship consisting of at least 1,000 hours in Maryland and documents that apprenticeship to the Board, or has served an apprenticeship of at least 1,000 hours in the applicant's state of initial licensure; (3) Passes the Maryland law portion of the written examination administered by the Board; and
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(4) Pays the fees required as specified in COMAR 10.29.04. C. The Board may grant a waiver only if the state in which the applicant is licensed: (1) Grants a similar waiver to Maryland licensees; and (2) Has standards for a mortician or funeral director license that are not lower than those of this State. 10.29.09.10
.10 Change in the Apprenticeship. A. If the apprentice sponsor and apprentice relationship changes, both the apprentice and the apprentice sponsor shall notify the Board of the termination of the apprenticeship in writing and document to the Board in affidavit form the number of hours worked and the funeral arrangements and embalming assists participated in by the apprentice as of the date of termination as noted in Regulation .07 of this chapter. B. If the apprentice obtains a new sponsor, both the apprentice and the new sponsor shall appear before the Board to obtain approval of the apprenticeship before the apprenticeship commences. 10.29.09.11
.11 General Requirements. A. Education. (1) The applicant shall submit to the Board a certified copy of a high school diploma, G.E.D., or a certified transcript of any post high school degree received. (2) Before an applicant appears before the Board for approval of an apprentice license, the applicant shall complete 2/3 of the academic credits for a mortuary science program at a school accredited by the American Board of Funeral Service or approved by the Board, with a 2.0 or higher grade point average that is verified with a certified copy of the college transcript. (3) The applicant shall appear before the Board with a sponsor who: (a) Holds a current valid mortician or funeral director license in Maryland; and (b) Is employed by the same funeral home that employs the apprentice. B. Except as otherwise provided for in Regulation .12 of this chapter, the mortician's apprentice shall obtain an Associate of Arts (AA) Degree in Mortuary Science or its equivalent from a school recognized by the Board within 3 years of commencing the apprenticeship. C. Except as otherwise provided for in Regulation .12 of this chapter, the funeral director's apprentice shall obtain an Associate of Arts (AA) degree in funeral service or its equivalent from a school recognized by the Board within 3 years of commencing the apprenticeship. D. The 3 years of apprenticeship shall consist of: (1) The initial year of apprenticeship licensure; and
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(2) Two consecutive apprenticeship licensure renewals. E. The applicant shall: (1) Apply for apprenticeship on the form required by the Board; (2) Pay the fee as specified in COMAR 10.29.04; and (3) Be of good moral character and may not have committed any of the grounds for discipline specified in Health Occupations Article, ยง7-316, Annotated Code of Maryland. 10.29.09.12
.12 Renewals and Extensions. A. An apprentice may renew the apprenticeship license by submitting a renewal application on the form required by the Board. B. An apprentice may renew the apprenticeship license annually for not more than 2 consecutive years. C. If after 4 years, consisting of the initial license as an apprentice and two consecutive renewals, the apprentice has not completed the requirements of the apprenticeship, the apprentice may submit to the Board a written request for an extension which the Board may grant upon good cause shown. D. If the apprentice fails to obtain the AA degree in mortuary science or an AA degree in funeral service from a school recognized by the Board or fails to meet any other apprenticeship requirements specified in this chapter within 3 years of the commencement of the apprenticeship, the apprentice may apply for an extension of the apprenticeship which the Board may grant for good cause shown. E. The Board may not grant more than two extensions to an apprentice. F. An apprentice requesting a renewal or extension of the apprenticeship shall pay the fee specified in COMAR 10.29.04 to the Board. G. An apprentice requesting an extension shall submit a copy of the transcript from the mortuary science course, funeral service course, or school of higher education to verify pursuit of the educational requirement. H. An apprentice who has allowed the apprentice's apprenticeship license to lapse for more than 6 months from the expiration date on the license and who desires to resume the apprenticeship shall appear before the Board with the sponsor and provide documentation of the: (1) Reasons for allowing the apprenticeship license to lapse; and (2) Requirements of apprenticeship which have been met to date. I. The Board may approve a new period of apprenticeship crediting the number of hours worked and the funeral or embalming assists earned under the prior apprenticeship to the new apprenticeship. 10.29.09.13
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.13 Examinations. An apprentice may take the examination administered by the Board at any time during the apprenticeship. 10.29.09.14
.14 Prohibitions. A. An apprentice may not assist a mortician or funeral director unless both individuals have current licenses. B. An apprentice may not make funeral arrangements, embalm a dead human body, or conduct funerals, including graveside or committal services, unless the sponsor is on the premises or at the site of final disposition. C. An apprentice may not make preneed funeral arrangements or sign a preneed funeral contract. D. An apprentice may not advertise as a provider of funeral services in Maryland. E. An apprentice may not sign at-need contracts.
F. A sponsor may not sponsor more than two apprentices at the same time.
Administrative History Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02B amended effective September 7, 2009 (36:18 Md. R. 1380) Regulation .03 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .03A, C amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .04 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .04 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .05 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .05A amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .05D adopted as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); adopted permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .06C adopted effective September 7, 2009 (36:18 Md. R. 1380) Regulation .07 amended effective January 7, 2002 (28:26 Md. R. 2273)
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Regulation .07 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .09 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .09 amended effective December 29, 2008 (35:26 Md. R. 2250) Regulation .10 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .11 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .11 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .12 amended effective January 7, 2002 (28:26 Md. R. 2273) Regulation .12D, G amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .14A amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 10 Monetary Penalties Authority: Health Occupations Article, §§1-212 and 7-317, Annotated Code of Maryland 10.29.10.01
.01 Scope. These regulations establish standards for the imposition of penalties not exceeding $5,000 against any mortuary science practitioner licensee in the State if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §7-316, Annotated Code of Maryland, to suspend or revoke a license. 10.29.10.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Board" means the State Board of Morticians and Funeral Directors. (2) "Licensee" means, unless the context requires otherwise, a holder of a license issued by the Board to practice mortuary science in Maryland to the extent permitted under Health Occupations Article, Title 7, Annotated Code of Maryland. (3) "Penalty" means monetary fine. 10.29.10.03
.03 Imposition of Penalties on Licensees. A. A penalty of not less than $100 or more than $2,500 may be imposed by the Board on a licensee found in violation of any of the following: (1) Advertising falsely; (2) Advertising in a misleading manner;
(3) Employing, paying, or offering to pay an individual to obtain business, either in general or for a particular mortician, funeral director, surviving spouse, or funeral establishment. (4) Directly or indirectly paying or offering to pay to obtain mortuary science business; (5) Soliciting or accepting any payment or rebate for recommending any crematory, mausoleum, or cemetery; (6) Soliciting or accepting any share, certificate, or interest in a mortuary science business with a promise or offer to perform services to the buyer at a cost less than that offered to the general public. (7) Selling or offering to sell any share, certificate, or interest in a mortuary science business with a promise or offer to perform services to the buyer at a cost less than that offered to the general public. (8) Practicing mortuary science under a name other than the name: (a) That appears on the license of that person, or (b) Of a partnership in accordance with Health Occupations Article, ยง7-401, Annotated Code of Maryland; or (9) Violating any provision of Health Occupations Article, ยง7-316(a)(18), Annotated Code of Maryland. (10) Violating any regulation adopted by the Board. B. A penalty of not less than $200 or more than $3,500 may be imposed by the Board on a licensee found in violation of any of the following: (1) Soliciting mortuary science business, either personally or by an agent, from a dying individual or the relatives of a dead or dying individual, other than through general advertising; (2) Refusing to surrender custody of a dead human body on the demand of a person who is entitled to its custody; (3) Failing to give the written statement required by Health Occupations Article, ยง7-404, Annotated Code of Maryland, at the time funeral arrangements are made; (4) Violating any State, municipal, or county law, rule, or regulation on the handling, custody, care, transportation, or the disposal of dead human bodies, as required by Health Occupations Article, ยง7-316(a)(15), Annotated Code of Maryland; (5) Signing an application for a funeral establishment license if the signer knew or should have known that grounds existed for which the funeral establishment license later was denied, suspended, or revoked; (6) Is disciplined by a licensing or disciplinary authority of any other state or county or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes; (7) Willfully failing to file or record a report as required under law; (8) Willfully impeding or obstructing the filing or recording of a report; (9) Inducing another to fail to file or record the report; (10) Providing professional services while:
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(a) Under the influence of alcohol; or (b) Using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication; or (11) Failing to allow an inspection under Health Occupations Article, ยง7-205(8), Annotated Code of Maryland. C. A penalty of not less than $500 or more than $5,000 may be imposed by the Board on a licensee found in violation of any of the following: (1) Fraudulently or deceptively obtaining or attempting to obtain a license for the applicant or licensee or for another; (2) Fraudulantly or deceptively using a license; (3) Committing fraud or misrepresentation in the practice of mortuary science; (4) Conviction of or plea of guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether any appeal or other proceeding is pending to have the conviction or plea set aside; (5) Aiding or abetting an unauthorized person in the practice of mortuary science; (6) Failing, after proper demand, to refund promptly any payments received under a preneed contract; (7) Willfully making or filing a false report or record in the practice of mortuary science; (8) Submitting a false statement to collect a fee; (9) Being professionally, physically, or mentally incompetent; (10) Committing an act of unprofessional conduct in the practice of mortuary science; (11) Refusing, withholding from, denying, or discriminating against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; (12) Except in an emergency life-threatening situation where it is not feasible or practicable, failing to comply with the Centers for Disease Control's guidelines on universal precautions; (13) Failing to comply with inspection requirements in the time specified by the Board; or (14) Sexual misconduct that includes, but is not limited to: (a) Sexual behavior with a consumer in the context of a professional service to the consumer, regardless of the setting in which the professional service is rendered, (b) Sexual behavior with a consumer of funeral services under the pretext of a benefit, (c) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a consumer of funeral services, (d) Sexual advances requesting sexual favors,
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(e) Inappropriate or intentional touching of a sexual nature, (f) A verbal comment of a sexual nature, (g) Physical contact of a sexual nature with a consumer of funeral services, (h) Discussion of unnecessary sexual matters while providing funeral services, (i) The taking of photographs of consumers of funeral services for a sexual purpose, (j) Sexual harassment of staff or students, (k) An unnecessary sensual act or comment, or (l) Sexual contact with an incompetent or unconscious consumer of funeral services. 10.29.10.04
.04 Factors to be Considered in the Assessment of a Penalty. In those cases in which the Board determines that the imposition of a penalty is appropriate, the Board shall take into consideration the following factors, without limitations, in determining the amount of penalty: A. The extent to which the licensee derived any financial benefit from unprofessional or improper conduct; B. The willfulness of the unprofessional or improper conduct; C. The extent of actual or potential public harm caused by the unprofessional or improper conduct; and D. The cost of investigating and prosecuting the case against the licensee. 10.29.10.05
.05 Payment of a Penalty. A. A licensee shall pay to the Board a penalty imposed under these regulations as of the date the Board's order is issued, unless the Board's order specifies otherwise. B. Filing an appeal under State Government Article, ยง10-215, Annotated Code of Maryland, or Health Occupations Article, ยง7-320, Annotated Code of Maryland, does not automatically stay imposition of a penalty imposed by the Board pursuant to these regulations. C. If a licensee fails to pay, in whole or in part, a penalty imposed by the Board pursuant to these regulations, the Board may not restore, reinstate, or renew a license until the penalty has been paid in full. D. In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Fiscal Planning to institute and maintain proceedings to ensure prompt payment. E. The Board shall pay all monies collected pursuant to these regulations into the State's General Fund.
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10.29.10.9999
Administrative History Effective date: January 1, 1996 (22:26 Md. R. 2029) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .03C amended effective March 5, 2001 (28:4 Md. R. 418)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 11 Complaint Procedures Authority: Health Occupations Article, ยง7-205(7), Annotated Code of Maryland 10.29.11.01
.01 Scope. This chapter applies to the handling of all complaints against licensees before the State Board of Morticians and Funeral Directors. 10.29.11.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Act" means Health Occupations Article, Title 7, Annotated Code of Maryland. (2) "Board" means the Board of Morticians and Funeral Directors. (3) "Cease and desist letter" means a letter commanding an individual to stop engaging in certain prohibited activities under the Act. (4) "Committee" means the complaint committee of the Board, which includes at least one mortician member of the Board and at least one consumer member of the Board, and which is assisted by Board counsel provided by the Attorney General's Office and Board administrative personnel. (5) "Complaint" means a report of a potential violation of the practice of mortuary science against an individual licensed by the Board. (6) "Complainant" means an individual who files a complaint with the Board. (7) "Confidential" means that neither the complaint nor resolution of it by the Board may be released to the public, including to the complainant, pursuant to State Government Article, ยง10-617, Annotated Code of Maryland.
(8) "Consent order" means a written agreement reached by the licensee and the Board as a result of a prehearing conference which sets forth the terms and conditions regarding the licensee's ability or inability to practice and is subject to release to the public, pursuant to State Government Article, ยง10-617, Annotated Code of Maryland. (9) "Disposition agreement" means a confidential agreement entered into between the Board and the licensee whereby the Board agrees to resolve the matter after the filing of charges in return for the licensee's agreeing to meet certain specified terms and conditions which remain a permanent part of the licensee's record and can be used in considering sanction should further disciplinary action be required. (10) "Educational letter" means a dismissal notice which specifically sets forth in an instructive manner the areas of the licensee's practice which require improvement and which, when applicable, includes a warning that any further complaints for the same or similar activities may result in disciplinary charges under the Act. (11) "Informal meeting" means a voluntary meeting of the Board and the licensee, either on the licensee's own initiative or on the Board's initiative, following notice to the licensee regarding the precise purpose of the meeting in the context of an ongoing investigation or inquiry. (12) "Jurisdiction" means within the Board's authority as set forth in the Act. (13) "Letter of admonishment" means a letter which sets forth that the: (a) Board has probable cause to charge the licensee with a violation of a specific provision of the Board's Act; (b) Licensee is admonished and ordered to cease and desist from all further activities in violation of its Act; and (c) Letter will become part of the licensee's permanent record with the Board but will be treated as part of the confidential record maintained by the Board on the licensee and can be considered in determining sanctions for any subsequent violation of the Act. (14) "Letter of dismissal" means a letter from the Board advising the licensee that: (a) The investigation into the allegations raised has been closed; (b) Violations of the Act were not found; and (c) The information obtained during the course of the investigation will be treated as a confidential record of the licensee maintained by the Board. (15) "Letter of surrender" means an agreement between the Board and licensee whereby the Board specifies the terms for the complete and unequivocal surrender of the licensee's license and right to practice mortuary science. (16) "Licensee" means an individual licensed by the Board of Morticians against whom a complaint has been filed. 10.29.11.03
.03 Filing of Complaint. A. A complaint to the Board against a licensee shall be filed by the complainant on a form devised by the Board or in a letter addressed to the Board and mailed, sent by facsimile, or hand-delivered to the Board. B. If the complaint to the Board against a licensee is filed in a letter form, the following information shall be included:
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(1) Full name, address, and telephone number of complainant; (2) Full name, address, and telephone number of the licensee against whom the complaint is being filed; (3) Full name, address, and telephone number of each witness who should be contacted; and (4) A detailed description of the nature of the complaint explaining what occurred, including dates and times. C. When the complaint to the Board against a licensee is filed, the complaint will be completed on a form devised by the Board and according to the instructions provided. D. In an emergency situation the Board may act upon a complaint received by telephone if that complaint is followed up in writing as specified in ยงA of this regulation. E. The Board may also act upon a complaint of a Board member if the complaint is recorded and the Board member refrains from further participation in the discussion or vote in the matter. 10.29.11.04
.04 Disposition of Complaint by Complaint Committee. A. Upon receipt of a complaint, the administrative personnel shall present the complaint to the complaint committee of the Board. B. The Committee shall review the complaint and make a determination as to whether the complaint falls within the Board's jurisdiction. C. If the Committee determines that the complaint does not fall within the Board's jurisdiction because the complaint addresses activities not governed by the Act, the determination is reported to the Board at its next regularly scheduled Board meeting. If the Board concurs with the recommendation of the Committee, the Board shall notify the complainant and licensee in writing within 2 weeks of the Board's meeting. D. If the Committee determines that the complaint falls within the Board's jurisdiction, it may authorize that an investigation of the complaint be undertaken by sending a copy of the complaint to the licensee requesting a written response within 2 weeks which is to include the records, files, contracts, and other documents of the transaction. The Board may also instruct an investigator, as an agent of the Board, to conduct an investigation by issuing subpoenas, and conducting interviews with the licensee, the complainant, and other pertinent witnesses. E. The Committee shall review the licensee's response or report and make a recommendation to the Board for disposition of the case. The Committee may request that: (1) Supplemental information be obtained; (2) A supplemental investigation be conducted; or (3) Clarification of the responses or report be received. F. The complaint committee shall, by a majority of the members present at a regularly scheduled Committee meeting, make a recommendation to the Board based on the following actions: (1) That the Board take informal action by issuing one of the following:
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(a) Cease and desist letter, (b) Educational letter, (c) Informal meeting, (d) Letter of admonishment, or (e) Letter of dismissal; or (2) That the Board take formal action by voting to charge the licensee with a violation of the Act and subsequently making a referral of the case to the Attorney General's Office for prosecution. 10.29.11.05
.05 Board Action on Complaints. A. The Board, upon receipt of the Committee's recommendations, shall take one of the following actions: (1) Accept the Committee's recommendations; (2) Accept the Committee's recommendation with modifications; or (3) Reject the Committee's recommendations with instructions. B. If the Board refers a case to the Attorney General's Office for prosecution, a liaison shall be assigned to assist the prosecutor with the preparation of the charges. C. Upon receipt of the charges prepared by the prosecutor, the Board shall vote to ratify the charge document. D. After a prehearing conference or a hearing on the charges, the Board may vote to: (1) Discuss the complaint or any sections of the charges; (2) Find no violation; (3) Find a violation and issue a disposition agreement; (4) Issue a cease and desist order; (5) Issue a reprimand; (6) Place a licensee on probation, with or without conditions; (7) Charge a monetary penalty; (8) Issue a suspension of the licensee; (9) Revoke a license; or
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(10) Combine any of the above. E. In addition, following the Board's vote, the Board shall issue a written document regarding the action taken. All of these documents will be sent to the licensee. The Board shall notify the complainant of the resolution of the complaint, as permitted by State Government Article, ยง10-617, Annotated Code of Maryland. 10.29.11.06
.06 Confidentiality. A. A disposition agreement remains confidential and may only be released to the public if the licensee is found guilty of a violation of a provision of the agreement or subsequent violation of the Act, after a hearing, pursuant to Health Occupations Article, ยง7-319, Annotated Code of Maryland. B. An educational letter is treated as a confidential record maintained by the Board on the licensee. 10.29.11.9999
Administrative History Effective date: July 15, 1996 (23:14 Md. R. 1009) Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 12 Advertising Authority: Health Occupations Article, ยง7-205(7), Annotated Code of Maryland 10.29.12.01
.01 Scope. This chapter governs advertising by all persons licensed by the Board of Morticians and Funeral Directors in Maryland. 10.29.12.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Advertising" means calling to the attention of the public the services one has to offer. (2) "Board" means the Board of Morticians. (3) Licensee. (a) "Licensee" means a licensed mortician, funeral director, or a surviving spouse license holder who holds a current license to practice mortuary science in Maryland. (b) "Licensee" may mean a funeral establishment in some instances. 10.29.12.03
.03 Advertising. A. Licensees may advertise mortuary science services subject to the provisions of this regulation. B. An advertisement may not contain statements: (1) Containing misrepresentation of facts;
(2) Likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts; (3) Intended to or likely to create false or unjustified expectations of favorable results; (4) Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to laypersons; (5) Conveying the impression that the licensee could influence improperly any public body, official, corporation, or person on behalf of the public; (6) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be deceived; (7) Containing representations that the licensee is willing to provide services which are illegal under the laws or regulations of Maryland or the United States; or (8) That fail to state that the licensee is licensed to practice mortuary science in Maryland. C. A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation. D. A funeral establishment may advertise that it is able to provide preneed services as specified in Health Occupations Article, Title 7, Annotated Code of Maryland. 10.29.12.04
.04 Solicitation. A. A licensee may not engage in solicitation, including, but not limited to, in-person, telephone, or direct mail solicitation which: (1) Amounts to fraud, undue influence, intimidation, or overreaching; or (2) Contains statements which would be improper under Regulation .03B of this chapter. B. A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation. 10.29.12.05
.05 Prohibitions. A. A licensee is prohibited from soliciting mortuary science business from a dying individual or the relatives of a dying individual other than through general advertising. B. A licensee may not employ, pay, or offer to pay a person to obtain business, either in general or for a particular mortician, funeral director, surviving spouse, or funeral establishment. C. A licensee may not solicit or accept payment or rebate for recommending any crematory, mausoleum, or cemetery, suggesting that a dead human body be disposed of there.
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D. An apprentice licensee may not advertise the provision of mortuary science services in Maryland. E. A courtesy card holder may not advertise the provision of mortuary science services in Maryland. 10.29.12.06
.06 Penalties for Violation. A violation of these regulations pertaining to the use of advertising may result in disciplinary action against the licensee under Health Occupations Article, ยง7-316, Annotated Code of Maryland. 10.29.12.9999
Administrative History Effective date: January 1, 1996 (22:26 Md. R. 2029) Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 13 Rehabilitation Committee Authority: Health Occupations Article, §§7-205 and 7-408, Annotated Code of Maryland 10.29.13.01
.01 Scope. A. This chapter applies to the Rehabilitation Committee of the Board of Morticians and Funeral Directors. B. The President of the Board shall appoint the Rehabilitation Committee members. C. The Rehabilitation Committee is a panel which consists of a licensee member and a consumer member of the Board assisted by administrative staff and Board Counsel. D. The Rehabilitation Committee shall: (1) Determine where meetings are held and the frequency of the meetings; (2) Keep confidential minutes and maintain those minutes in a confidential file at the Board office; and (3) Review and approve the procedures established by the Rehabilitation Committee. 10.29.13.02
.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Board" means the Board of Morticians and Funeral Directors. (2) "Committee" means the Rehabilitation Committee of the Board. (3) "Formal agreement" means a written agreement between the Committee and the practitioner that lists: (a) The individual requirements for the practitioner in the program; and (b) The conditions that shall be met by the practitioner.
(4) "Impaired practitioner" means a licensee who is not capable of practicing mortuary science competently and is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. (5) "Practitioner" means a licensed apprentice, funeral director, mortician, or surviving spouse. (6) "Program" means the treatment and rehabilitation plan established by the Committee and agreed upon by the practitioner. (7) "Treatment entity" means a licensed health care provider or licensed center for the evaluation, care, or rehabilitation, or all of these, of an impaired practitioner. 10.29.13.03
.03 Functions. A. The Committee, without cost to the Board, shall provide appropriate rehabilitative assistance to impaired practitioners. B. The Committee shall: (1) Make an initial review of the nature of the practitioner's impairment to determine an appropriate course of action; (2) Review documentation pertinent to the impairment which has been made available to the Committee; (3) Make appropriate referrals for: (a) Evaluation; (b) Treatment; or (c) Rehabilitation; and (4) Design, or request a treatment entity to design, a program that is generally accepted by an insurer which allows an impaired practitioner to practice mortuary science in a competent manner. 10.29.13.04
.04 Criteria. A. Admission to the program may be the result of: (1) Self-referral; (2) Formal complaint; or (3) Referral by the Board. B. If participation in the program is a result of a voluntary action by an impaired practitioner, which results in a formal agreement with the Committee to undergo a course of treatment or rehabilitation, the Committee shall report to the Board only noncompliance with the agreement.
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C. The Committee may not report to the Board those impaired practitioners who self-refer or who come to the attention of the Committee by a formal complaint if those practitioners comply with the formal agreement or program. D. The Committee shall report to the Board any noncompliance with the treatment program, if the Board referral is the result of a public or nonpublic order or informal discipline imposed by the Board. E. The impaired practitioner for whom the program was designed shall pay all costs associated with the evaluation, treatment, and rehabilitation program. 10.29.13.9999
Administrative History Effective date: January 7, 2002 (28:26 Md. R. 2273) Regulation .01A amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514) Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 14 Compelling Purpose Disclosure Authority: Health Occupations Article, ยง7-205; State Government Article, ยง10-617(h)(3); Annotated Code of Maryland 10.29.14.01
.01 Scope. A. This chapter permits the Board to disclose investigative information to other agencies, or other entities, or both, under certain circumstances. B. A custodian may disclose information in a licensing or investigative file if the custodian determines that a compelling public purpose exists to warrant disclosure. 10.29.14.02
.02 Disclosure for Compelling Public Purpose. The custodian may find that a compelling public purpose warrants disclosure of information in a licensing or investigative file, regardless of whether there has been a request for the information, and may disclose the information under the following circumstances: A. The information concerns possible criminal activity, and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority; B. The information concerns a possible violation of law, and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to information relevant to the possible violation by that individual; or C. The information concerns conduct by an individual which the Board reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges. 10.29.14.03
.03 Other Disclosures.
This chapter does not prevent or limit the ability of the Board to disclose general licensing information as provided in State Government Article, ยง10-617(h), Annotated Code of Maryland, or any information which the Board may otherwise disclose by law. 10.29.14.9999
Administrative History Effective date: April 15, 2002 (29:7 Md. R. 621)
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Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 31 HEALTH OCCUPATION BOARDS Chapter 01 Code of Conduct for Board Members and Investigators Authority: Health-General Article, §2-104; Health Occupations Article, §§1-203, 1A-205, 2205, 3-205, 4-205, 5-205, 6-205, 7-205, 9-205, 10-205, 11-205, 12-205, 13-206, 14-205, 16-205, 17-205, 18-206, and 19-205; Annotated Code of Maryland
01 Scope. A. This chapter establishes a code of conduct for members of health occupation boards within the Department of Health and Mental Hygiene and for investigators employed by the health occupation boards. B. This chapter does not apply to the Board of Nursing. The Board of Nursing's Code of Conduct regulations are set forth in COMAR 10.27.23.
02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Board" means a health occupation board regulated under the Health Occupations Article or the Health-General Article, Annotated Code of Maryland, with the exception of the Board of Nursing. (2) "Board member" means an individual appointed by the Governor to serve on a Board. (3) "Charging document" means the notice from the board pursuant to State Government Article, §10-208, Annotated Code of Maryland, which informs a licensee of an alleged violation or violations of a board's statute by the licensee. (4) "Complaint" means a communication to a board of a possible violation of the disciplinary provisions of a Maryland licensing statute by a licensee. (5) "Conflict of interest" means a situation in which a personal interest of a board member or a board investigator presents a potential conflict with the public interest in connection with an anticipated public action or decision. (6) "Ex parte communication" means a direct or indirect communication between a board member and another party regarding the merits of an issue in a pending contested disciplinary case if the communication is made outside the presence of the opposing party in the case. (7) "Investigator" means an individual who investigates complaints received by a health occupation board. (8) Liaison.
(a) "Liaison" means a board member designated by the board to provide practitioner expertise to the investigator or prosecutor, or both, pertaining to a specific complaint. (b) "Liaison" does not mean a board member who participates only in a preliminary review of a complaint. (9) "Recusal" means nonparticipation of a board member in a specific matter before the Board.
.03 Recusal of Board Members. A. Standards for Recusal. (1) A Board member shall recuse himself or herself from board proceedings which involve situations in which the board member: (a) Has a conflict of interest; or (b) Cannot participate fairly and impartially. (2) Personal familiarity with a respondent does not, of itself, require recusal of a board member. B. Board Counsel Advice. A board member may seek the advice of the board's counsel in determining the need for recusal on a specific matter. C. Requirements Following Recusal. (1) The board member who is recused from a matter before the board may not: (a) Participate in the board's discussion or vote on the matter; or (b) Discuss the matter with other members of the board or discuss the board's review of the matter with other individuals. (2) If the matter before the board is a disciplinary matter, the board member who is recused shall physically leave the room to ensure nonparticipation. (3) The board shall document the recusal of the board member in the minutes of the board meeting. D. Complaint Against a Board Member. (1) A board member against whom a complaint is filed shall follow ยงC of this regulation for all discussion and voting concerning the complaint filed against the board member. (2) If the board determines that there is an additional matter before the board which is reasonably related to the complaint filed against the board member, the board member against whom the complaint is filed shall follow ยงC of this regulation for the additional matter also. (3) If, after investigation of the complaint, the board refers the case to the Attorney General's Office, the board member shall recuse himself or herself from all board activities until the final disposition of the case. E. Liaison.
(1) A board member may not serve as a liaison on a complaint in which the board member has a conflict of interest. (2) A board member who serves as the liaison on a specific complaint may: (a) Participate in discussion of the complaint; (b) Vote on the decision regarding charges based on the complaint; and (c) Participate in the case resolution conference for the complaint. (3) A board member who serves as the liaison on a specific complaint may not: (a) Participate in a hearing on the complaint conducted by the board; or (b) Participate in the discussion or vote on the complaint following the hearing conducted either by the board or by the Office of Administrative Hearings (OAH) through authority delegated from the board.
.04 Investigator. A. An investigator may not conduct or participate in an investigation of a complaint in which the investigator has a conflict of interest. B. In the investigation of a complaint against a member of a board, the board may consider using an investigator other than the one who is regularly assigned to conduct investigations for the board.
.05 Confidentiality. A. A board member or investigator may not discuss disciplinary or other confidential matters with an individual other than: (1) A board member; (2) Board staff; (3) The Attorney General's Office; (4) A witness; or (5) Another individual authorized by law to be involved in the case. B. In the case of an ex parte communication, the board member shall follow the provisions of State Government Article, ยง10-219, Annotated Code of Maryland
Administrative History Effective date: July 24, 2000 (27:14 Md. R. 1341)
Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 31 HEALTH OCCUPATION BOARDS Chapter 02 Tax Compliance Regulations Authority: Health Occupations Article, §§1-213, 1A-205, 2-205, 3-205, 4-205, 7-205, 8-205, 9-205, 10-205, 11-205, 12-205, 13-206, 14-205, 16-205, 17-205, 18-206, and 19-205, Annotated Code of Maryland
.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Board" means a health occupation board regulated under the Health Occupations Article, Annotated Code of Maryland, with the exception of the boards of: (a) Dietetic Practice; and (b) Nursing. (2) "Delinquent" means the failure by a certificate holder, licensee, registration holder, or permit holder, to pay all undisputed taxes and unemployment insurance contributions, as determined by the Office of the Comptroller or the Secretary of Labor, Licensing, and Regulation, that are payable to the Office of the Comptroller or the Secretary of Labor, Licensing, and Regulation, in a manner satisfactory to the unit of the State responsible for collection of the payment. (3) "Renewal license" means any license, permit, certification, or registration granted by the Board for the period immediately following a period for which the person previously possessed the same or a substantially similar license, permit, certification, or registration. (4) "Verification" means a written or electronic notification created by the unit of the State responsible for collection of taxes or unemployment insurance contributions attesting that the renewal applicant is no longer delinquent.
.02 Outstanding Taxes or Unemployment Insurance Contributions. A. If a renewal applicant has been identified as delinquent by the Office of the Comptroller or the Department of Labor, Licensing, and Regulation, the Board shall issue a written notice to the renewal applicant stating that: (1) The renewal applicant has been identified by the Office of the Comptroller or the Department of Labor, Licensing, and Regulation as delinquent in the payment of taxes or unemployment insurance contributions as applicable; and
(2) The renewal license will be denied if a verification is not submitted to the Board within 30 days after the notice is issued or before the expiration date of the current certificate, license, registration, or permit, whichever is later. B. If the Board does not receive a verification within 30 days after the Board issued the notice or before the expiration date of the current certificate, license, registration, or permit, whichever is later, the Board shall: (1) Deny the renewal license; and (2) Inform the renewal applicant in writing that the renewal license has been denied.
Administrative History Effective date: Regulations .01â&#x20AC;&#x201D;.02 adopted as an emergency provision effective July 1, 2003 (30:19 Md. R. 1327); adopted permanently effective December 11, 2003 (30:24 Md. R. 1741) Regulation .01 amended effective March 15, 2004 (31:5 Md. R. 449)
ANNOTATED CODE OF MARYLAND HEALTH GENERAL TITLE 5 DEATH
TITLE 5. DEATH Subtitle 1. "Body" Defined. 5-101. "Body" defined. Subtitle 2. Determination of Death. 5-201. Scope of subtitle. 5-202. Cessation of circulatory and respiratory or brain functions. Subtitle 3. Postmortem Examiners Commission. 5-301. Definitions. 5-309. Medical examiner's cases. 5-310. Autopsies. Subtitle 4. Anatomy Board. 5-401. Definitions. 5-406. Unclaimed bodies. 5-407. Distribution and use of bodies or body parts. 5-408. Buying, selling, or transporting bodies. 5-408.1. Disposition of body by will.
Subtitle 5. Miscellaneous Provisions. 5-501. Consent for postmortem examination. 5-502. Cremation - Required identification and authorization. 5-503. Cremation - Time interval. 5-504. Transporting to crematory. 5-505. Use of casket. 5-506. Control of body by health officer. 5-507. Penalty. 5-508. Definitions. 5-509. Disposition of body other than by will. 5-510. Same - Failure to agree on disposition. 5-511. Reliance on authorizing agent's representations; duty to investigate; filing to become authorizing agent. 5-512. Authorizing agent as personal representative not required; documents negating cremation.
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ANNOTATED CODE OF MARYLAND HEALTH GENERAL TITLE 5 DEATH
SUBTITLE 1. "BODY" DEFINED 5-101. "Body" defined. In this title, "body" means a dead human body.
SUBTITLE 2. DETERMINATION OF DEATH ยง 5-201. Scope of subtitle. Notwithstanding any other law, a pronouncement of death under this subtitle shall be used for all purposes in this State, including the trials of civil and criminal cases.
ยง 5-202. Cessation of circulatory and respiratory or brain functions. (a) Determination of death.- An individual is dead if, based on ordinary standards of medical practice, the individual has sustained either: (1) Irreversible cessation of circulatory and respiratory functions; or (2) Irreversible cessation of all functions of the entire brain, including the brain stem. (b) Removal of organ.(1) This subsection does not apply to the removal of a vital organ while the individual is alive, if the individual gives informed consent to the removal. (2) A pronouncement of death under this section shall be made before any vital organ is removed for transplantation.
ยง 5-203. Absence of brain function. Repealed by Acts 1982, ch. 327, effective July 1, 1982. SUBTITLE 3. POSTMORTEM EXAMINERS COMMISSION ยง 5-301. Definitions. (a) In general.- In this subtitle the following words have the meanings indicated.
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(b) Commission.- "Commission" means the State Postmortem Examiners Commission. (c) Medical examiner's case.- "Medical examiner's case" means a death that a medical examiner is required by law to investigate.
ยง 5-309. Medical examiner's cases. (a) Deaths to be investigated.(1) A medical examiner shall investigate the death of a human being if the death occurs: (i) By violence; (ii) By suicide; (iii) By casualty; (iv) Suddenly, if the deceased was in apparent good health or unattended by a physician; or (v) In any suspicious or unusual manner. (2) A medical examiner shall investigate the death of a human fetus if: (i) Regardless of the duration of the pregnancy, the death occurs before the complete expulsion or extraction of the fetus from the mother; and (ii) The mother is not attended by a physician at or after the delivery. (b) Notification of medical examiner.- If a medical examiner's case occurs, the police or sheriff immediately shall notify the medical examiner and State's Attorney for the county where the body is found and give the known facts concerning the time, place, manner, and circumstances of the death. (c) Investigation by medical examiner.- Immediately on notification that a medical examiner's case has occurred, the medical examiner or an investigator of the medical examiner shall go to and take charge of the body. The medical examiner or the investigator shall investigate fully the essential facts concerning the medical cause of death and, before leaving the premises, reduce these facts and the names and addresses of witnesses to writing, which shall be filed in the medical examiner's office.
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(d) Evidence.- The medical examiner or the investigator shall take possession of and deliver to the State's Attorney or the State's Attorney's designee any object or article that, in the opinion of the medical examiner or the investigator, may be useful in establishing the cause of death. (e) Personal property.(1) If the next of kin of the deceased is not present at the investigation, the police officer or sheriff at the investigation or, if a police officer or sheriff is not present, the medical examiner or the investigator shall: (i) Take possession of all property of value found on the body; (ii) In the report of the death, make an exact inventory of the property; and (iii) Deliver the property to the appropriate sheriff or police department. (2) The sheriff or police department shall surrender the property to the person who is entitled to its possession or custody. (f) Unexpected death of child.(1) If the case involves the unexpected death of a child, the medical examiner shall notify the chairperson of the local child fatality review team for the county in which the child resided. (2) If the case involves the death of a child and the death is believed to be caused by abuse or neglect, or there is evidence suggesting that the child was a victim of abuse or neglect, the Office of the Chief Medical Examiner shall orally report the findings and deliver a copy of the child's final autopsy report to the local department of social services and the local law enforcement agency of the county in which the child last resided in accordance with ยง 5-704 of the Family Law Article.
ยง 5-310. Autopsies. (a) When cause of death established.- If the cause of death is established to a reasonable degree of medical certainty, the medical examiner who investigates the case shall file in the medical examiner's office a report on the cause of death within 30 days after notification of the case. (b) Autopsy required; exception.-
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(1) If the medical examiner who investigates a medical examiner's case considers an autopsy necessary, the Chief Medical Examiner, a deputy chief medical examiner, an assistant medical examiner, or a pathologist authorized by the Chief Medical Examiner shall perform the autopsy. (2) If the family of the deceased objects to an autopsy on religious grounds, the autopsy may not be performed unless authorized by the Chief Medical Examiner or by the Chief Medical Examiner's designee. (3) (i) In accordance with normal standards of medical practice, the medical examiner performing the autopsy may retain any medical evidence, tissue, or organ needed to carry out the duties of this subtitle. (ii) The medical examiner shall dispose of any medical evidence, tissue, or organ under subparagraph (i) of this paragraph in accordance with normal standards of medical practice. (c) Autopsy on fire fighter.(1) A medical examiner shall conduct an autopsy of any fire fighter and any sworn personnel of the State Fire Marshal's Office who dies in the line of duty or as a result of injuries sustained in the line of duty. (2) The autopsy shall include: (i) A toxicological analysis for toxic fumes; (ii) Gross and microscopic studies of heart, lung, and any other tissue involved; (iii) Appropriate studies of blood and urine; and (iv) Appropriate studies of body fluids and body tissues. (3) If the medical examiner determines toxic fumes were the cause of death, the medical examiner shall: (i) Investigate to the extent possible the source of the fumes; and (ii) Prepare a written report on the specific effects of the fumes on human tissue. (4) The autopsy and analysis shall be sufficient to determine eligibility for benefits under the federal Public Safety Officers' Benefits Act of 1976.
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(d) Findings; correction of findings and conclusions.(1) The individual who performs the autopsy shall prepare detailed written findings during the progress of the autopsy. These findings and the conclusions drawn from them shall be filed in the office of the medical examiner for the county where the death occurred. The original copy of the findings and conclusions shall be filed in the office of the Chief Medical Examiner. (2) (i) Except in a case of a finding of homicide, a person in interest as defined in § 10611(e)(3) of the State Government Article may request the medical examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under § 10-625 of the State Government Article within 60 days after the medical examiner files those findings and conclusions. (ii) If the Chief Medical Examiner denies the request of a person in interest to correct findings and conclusions on the cause of death, the person in interest may appeal the denial to the Secretary, who shall refer the matter to the Office of Administrative Hearings. A contested case hearing under this paragraph shall be a hearing both on the denial and on the establishment of the findings and conclusions on the cause of death. (iii) The administrative law judge shall submit findings of fact to the Secretary. (iv) After reviewing the findings of the administrative law judge, the Secretary, or the Secretary's designee, shall issue an order to: 1. Adopt the findings of the administrative law judge; or 2. Reject the findings of the administrative law judge, and affirm the findings of the medical examiner. (v) The appellant may appeal a rejection under subparagraph (iv)2 to a circuit court of competent jurisdiction. (vi) If the final decision of the Secretary, or of the Secretary's designee, or of a court of competent jurisdiction on appeal, establishes a different finding or conclusion on the cause or manner of death of a deceased than that recorded on the certificate of death, the medical examiner shall amend the certificate to reflect the different finding or conclusion under §§ 4-212 and 4-214 of this article and § 10-625 of the State Government Article. (vii) The final decision of the Secretary, or the Secretary's designee, or of a court under this paragraph may not give rise to any presumption concerning the application of any provision of or the resolution of any claim concerning a policy of insurance relating to the deceased.
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(viii) If the findings of the medical examiner are upheld by the Secretary, the appellant is responsible for the costs of the contested case hearing. Otherwise, the Department is responsible for the costs of the hearing. (e) Fee for pathologist.- The Chief Medical Examiner shall set a reasonable fee for performing an autopsy by an authorized pathologist.
SUBTITLE 4. ANATOMY BOARD ยง 5-401. Definitions. (a) In general.- In this subtitle the following words have the meanings indicated. (b) Board.- "Board" means the State Anatomy Board. (c) Medical study program.- "Medical study program" means any research or teaching activity conducted at or under the sponsorship of a hospital or other institution devoted to research, teaching, or study of medicine, dentistry, or any related health profession or advanced human biological science. (d) Public officer.- "Public officer" means an officer of this State or of a county or other political subdivision of this State.
ยง 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 ยง 10-214 of the Human Services Article, 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.-
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(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 72 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 72 hours after death. (c) Control after 72 hours; embalming; claim of body.(1) On expiration of 72 hours after death, the body shall be under the exclusive control of the Board and may be embalmed. (2) If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates. (3) 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. (4) The Board may waive its costs under this section upon a showing of hardship by the relative or friend.
ยง 5-406.1. Donated body. (a) Notice to Board.- Any person who has custody of a donated body immediately shall notify the chairman of the Board. (b) Removal to designated morgue.- When the Board is notified of the existence of a donated body, the Board may remove the body to a designated morgue in Baltimore City. (c) Exclusive control of Board; embalming.(1) The donated body shall be under the exclusive control of the Board and may be embalmed. (2) If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates. [1982, ch. 368; 1991, ch. 68.]
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ยง 5-407. Distribution and use of bodies or body parts. The Board shall first distribute bodies or body parts that are under its exclusive control equitably among the schools described in ยง 5-403 of this subtitle, and then, at the Board's discretion, distribute bodies or body parts to other medical study programs. These bodies or body parts may be used only for the promotion and application of medical sciences.
ยง 5-408. Buying, selling, or transporting bodies. (a) Buying or selling bodies or human organs.(1) A person may not sell or buy any body or any part of a body that is under the exclusive control of the Board. (2) A person other than a nonprofit organization that qualifies under ยง 501 (c) (3) of the Internal Revenue Code, may not sell, buy, or act as a broker for a profit in the transfer of any human organ that: (i) Is removed from a human body that is alive or dead at the time of removal; and (ii) Is not under the exclusive control of the Board. (3) In this section, "human organ" does not include blood and plasma. (b) Transporting.(1) Except as provided in paragraphs (2) and (3) of this subsection, a person may not send, transport, or permit or cause to be sent or transported out of the State any body or any part of a body that is under the exclusive control of the Board. (2) The Board may authorize, by regulation, the transporting of human specimens under its exclusive control to an out-of-state medical study program, provided that: (i) The needs of the schools of the State are met; (ii) The requesting party demonstrates the need for a specimen; (iii) The circumstances of the request are that: 1. No other sufficient source of specimens within the requesting state exists; or
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2. A preexisting organ tissue donation was made by an individual in compliance with the Uniform Donor Act; (iv) The requesting party bears the responsibility for transporting and the specialized care of the specimen and all associated costs; and (v) The Board retains the right of exclusive control of the specimen including the final disposition when appropriate or necessary to fulfill an obligation to return the remains of a donated specimen to the donor's family. (3) The Board may authorize a physician, teacher, demonstrator, or investigator of advanced human biological sciences to send or transport human specimens out of the State for use by medical study programs.
ยง 5-408.1. Disposition of body by will. Except as provided in ยง 5-408 (a) (2) of this subtitle, this subtitle does not deny the right of a donor to provide by last will and testament or by contract for the ultimate disposition and repose of the donor's last remains.
SUBTITLE 5. MISCELLANEOUS PROVISIONS ยง 5-501. Consent for postmortem examination. (a) In general.- Consent for a postmortem examination of a body by a physician is sufficient if the consent is given as provided in this section. (b) Persons authorized to consent.(1) The consent may be given by any one of the following persons if that person, whether alone or with another, has assumed control of the body for its final disposition: (i) A parent; (ii) A spouse; (iii) A domestic partner; (iv) A child;
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(v) A guardian; (vi) A next of kin; or (vii) In the absence of these persons, any other person. (2) If a person does not assume control of a body under paragraph (1) of this subsection, the consent may be given by the State Anatomy Board. (c) Form of consent.- The consent may be in the form of: (1) A written document; (2) A telegram; or (3) A recorded telephonic or other recorded message.
§ 5-502. Cremation - Required identification and authorization. (a) Scope of section.- 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 under §§ 5-508 through 5-512 of this subtitle; 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 an electronic communication 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 electronic communication authorizing the identification and cremation.
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5-503. Cremation - Time interval. A person may not cremate a body until at least 12 hours after death.
ยง 5-504. Transporting to crematory. A person may not transport a body to a crematory without using a cot and pouch or receptacle.
ยง 5-505. Use of casket. (a) Casket not required.- Except as provided in subsection (b) of this section, a person may not require that a cremation be performed with a casket. However, the use of a simple container may be required. (b) Use of casket.- The person arranging for final disposition of a body may specify that a casket: (1) Be used before cremation; (2) Be consumed during cremation; (3) Be used after cremation; or (4) Not be used before, during, or after cremation.
ยง 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.
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(b) Prohibited act.- A person may not obstruct the carrying out of an order of a health officer under this section.
§ 5-507. Penalty. (a) Violations of §§ 5-502 through 5-505.- A person who violates any provision of § 5502, § 5-503, § 5-504, or § 5-505 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. (b) Violations of § 5-506.- A person who violates any provision of § 5-506 (b) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200 or imprisonment not exceeding 6 months.
§ 5-508. Definitions. (a) In general.- In this subtitle the following words have the meanings indicated. (b) Authorizing agent.- "Authorizing agent" means the individual who has legal authority to arrange for and make decisions regarding the final disposition of a dead human body, including by cremation. (c) Cremation.- "Cremation" means the disposition of a dead human body by means of incineration. (d) Crematory.- "Crematory" is a building in which cremations are performed. (e) Decedent.- "Decedent" means a dead human being. (f) Practitioner.- "Practitioner" means a person who is licensed by the State as a funeral director, mortician, or surviving spouse licensee to practice mortuary science.
(g) Pre-need contract.- "Pre-need contract" means an agreement prior to the time of death between a consumer and a practitioner to provide any goods and services regarding the final disposition of a dead human body.
§ 5-509. Disposition of body other than by will. (a) Disposition of one's own body - Document or pre-need contract.- Any individual who is 18 years of age or older may decide the disposition of the individual's own body after
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that individual's death without the predeath or post-death consent of another person by executing a document that expresses the individual's wishes regarding disposition of the body or by entering into a pre-need contract. (b) Same - Formalities.- In order to be valid, any document executed under subsection (a) of this section must be written and signed by the individual in the presence of a witness, who, in turn, shall sign the document in the presence of the individual.
(c) Priority of disposition authority in absence of writing.- Unless a person has knowledge that contrary directions have been given by the decedent, if a decedent has not executed a document under subsection (a) of this section, the following persons, in the order of priority stated, have the right to arrange for the final disposition of the body of the decedent, including by cremation under ยง 5-502 of this subtitle: (1) The surviving spouse or domestic partner of the decedent; (2) An adult child of the decedent; (3) A parent of the decedent; (4) An adult brother or sister of the decedent; (5) A person acting as a representative of the decedent under a signed authorization of the decedent; (6) The guardian of the person of the decedent at the time of the decedent's death, if one has been appointed; or (7) In the absence of any person under paragraphs (1) through (6) of this subsection, any other person willing to assume the responsibility to act as the authorizing agent for purposes of arranging the final disposition of the decedent's body, including the personal representative of the decedent's estate, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (1) through (6) of this subsection. (d) Authorizing agents - In general.(1) Subject to paragraph (2) of this subsection, if a decedent has more than one survivor under subsection (c)(1) through (4) of this subsection, any adult child, parent, or adult brother or sister of the decedent who confirms in writing to a practitioner that all of the other members of the same class have been notified may serve as the authorizing agent
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for purposes of § 5-502 of this subtitle unless the practitioner receives a written objection to the cremation from another member of that class within 24 hours. (2) If a decedent has more than one survivor under subsection (c)(1) through (4) of this section, the majority of a class may serve as the authorizing agent. (e) State as authorizing agent.- In the case of an individual whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State-appointed guardian, or any other public official charged with arranging the final disposition of the decedent may serve as the authorizing agent for purposes of § 5-502 of this subtitle. (f) Nursing homes or private institutions as authorizing agents.- In the case of an individual who has donated the individual's body to medical science or whose death occurred in a nursing home or other private institution, a representative of the institution to which the body was donated or in which the decedent died shall authorize cremation for purposes of § 5-502 of this subtitle if the decedent executed cremating authorization forms and the institution is charged with making arrangements for the final disposition of the body.
§ 5-510. Same - Failure to agree on disposition. (a) Petition to circuit court.(1) If the majority of individuals under § 5-509 (c) of this subtitle cannot agree on the arrangements, any individual specified in § 5-509 (c) of this subtitle or the practitioner who has custody of the body, or both, may file a petition in the circuit court for the county in which the decedent was domiciled at the time of death or the county in which the body is located requesting the court to decide the final disposition of the body. (2) The practitioner may add the court costs associated with a petition under this subsection to the costs of final disposition. (b) Liability of practitioner pending final orders.- In the event of a disagreement under subsection (a) of this section, a practitioner is not liable for refusing to accept the body or to inter or otherwise dispose of the body of the decedent or complete the arrangements for the final disposition of the body until the practitioner receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the body. (c) Right of practitioner to preserve body until final orders.- If the practitioner retains the body for final disposition in accordance with a court order or written agreement among
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the parties, the practitioner may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision and may add the costs of embalming and refrigeration and sheltering to the final disposition costs. (d) Duty to bring action; civil or criminal liability.(1) This section may not be construed to require or to impose a duty upon a practitioner to bring an action under this section. (2) A practitioner may not be held criminally or civilly liable for choosing not to bring an action under this section.
ยง 5-511. Reliance on authorizing agent's representations; duty to investigate; filing to become authorizing agent. (a) Reliance on representations of authorizing agent.- A practitioner and an operator of a crematory may rely on the representations made by an authorizing agent and are not guarantors of the reliability of those representations. (b) No duty of independent investigation.- A practitioner and an operator of a crematory have no responsibility to contact or to independently investigate the existence of any next of kin of the decedent. (c) Filing to become authorizing agent.- An individual may file a petition with the appropriate court to obtain the authority to be authorizing agent: (1) If the individual alleges that permitting one or more of the individuals with priority under ยง 5-509 (c) of this subtitle to authorize arrangements for the final disposition of the body of a decedent may cause substantial injustice; or (2) If, considering all the circumstances, an individual other than an individual with priority under ยง 5-509 (c) of this subtitle had a closer personal affinity to the decedent and should be allowed to make the arrangements. (d) Suspension of arrangements pending final decision.- Pending the outcome of a petition filed under this section, a practitioner shall suspend any arrangements with the individuals under ยง 5-509 (c) of this subtitle.
ยง 5-512. Authorizing agent as personal representative not required; documents negating cremation.
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(a) Authorizing agent as personal representative.- A practitioner or an operator of a crematory may not require an authorizing agent to obtain appointment as personal representative of the decedent's estate as a condition precedent to making final arrangements or authorizing cremation of a decedent. (b) Documents negating wish for cremation.- A person may not authorize cremation when a decedent has left instructions in a document that the decedent does not wish to be cremated.
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ANNOTATED CODE OF MARYLAND HEALTH OCCUPATIONS ARTICLE TITLE 7 MARYLAND MORTICIANS AND FUNERAL DIRECTORS ACT
TITLE 7. MORTICIANS AND FUNERAL DIRECTORS
Subtitle 1. Definitions; General Provisions. 7-101. Definitions. 7-102. Scope of title. 7-103. Purpose of title. Subtitle 2. State Board of Morticians and Funeral Directors. 7-201. Board established. 7-202. Membership. 7-203. Officers. 7-204. Quorum; meetings; compensation; staff. 7-205. Miscellaneous powers and duties. 7-206. State Board of Morticians and Funeral Directors Fund - Establishment of fees; disposition of funds. 7-207. Good faith exemption from civil liability. Subtitle 3. Licensing. 7-301. License required; exceptions. 7-302. Mortician license. 7-303. Qualifications of applicants for mortician or funeral director license. 7-304. Examinations. 7-305. Waiver of requirements. 7-306. Apprentice or funeral director license; requirements for completion of apprenticeship. 7-307. [Repealed]. 7-308. Surviving spouse license. 7-308.1. Executor license. 7-309. Corporation license. 7-310. Funeral establishment license [Subject to amendment effective January 1, 2009; amended version follows this section]. 7-310. Funeral establishment license. 7-311. Courtesy card. 7-312. Exemption for persons obtaining burial-transit permit. 7-313. Issuance and contents of license; license not transferable. 7-314. Term and renewal of licenses [Subject to amendment effective January 1, 2009; amended version follows this section]. 7-314. Term and renewal of licenses. 7-315. Reinstatement of expired licenses. 7-316. Denials, reprimands, suspensions, and revocations - Grounds. 7-316.1. Injunction actions.
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7-317. Penalty instead of probation or suspension or in addition to probation, suspension, or revocation. 7-318. Surrender of license. 7-319. Denials, reprimands, suspensions, and revocations - Hearings. 7-320. Administrative and judicial review. 7-321. Inactive status. Subtitle 4. Miscellaneous. 7-401. Partnerships. 7-402. Professional associations. 7-403. School of mortuary science. 7-404. Contract required. 7-405. Pre-need contracts [Subject to amendment effective January 1, 2009; amended version follows this section]. 7-405. Pre-need contracts. 7-406. Cremation. 7-407. Continuation of benefits for surviving spouse. 7-408. Mortician and funeral director rehabilitation committees. 7-409. Inspections. 7-410. Decisions concerning disposition of body. 7-411. Identification tag. Subtitle 4A. Family Security Trust Fund. 7-4A-01. Definitions. 7-4A-02. Authority. 7-4A-03. Family Security Trust Fund. 7-4A-04. Family Security Trust Fund Advisory Committee. 7-4A-05. Payments by funeral establishment. 7-4A-06. Claim for loss. 7-4A-07. Claim for loss - Form and content. 7-4A-08. Claim for loss - Procedure for handling. 7-4A-09. Claim for loss - Hearing. 7-4A-10. Claim for loss - Disciplinary action. 7-4A-11. Claim for loss - Payment. 7-4A-12. Claim for loss - Liability of licensee. 7-4A-13. Claim for loss - Liability of licensee - Suspension of license. Subtitle 5. Prohibited Acts; Penalties. 7-501. Practicing without license. 7-502. Misrepresentation. 7-503. Use of name.
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7-504. Pre-need contracts. 7-505. Cremation casket. 7-506, 7-507. [Reserved]. 7-508. Penalties. Subtitle 6. Short Title; Termination of Title. 7-601. Short title. 7-602. Termination of title.
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SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS ยง 7-101. Definitions. (a) In general.- In this title the following words have the meanings indicated. (b) Apprentice.- "Apprentice" means an individual licensed by the Board who assists a licensed mortician or funeral director in the practice of mortuary science or funeral direction, under direct supervision of a licensed mortician or funeral director. (c) Apprentice sponsor.- "Apprentice sponsor" means a person who: (1) Is a licensed mortician or funeral director practicing mortuary science as a licensed mortician or funeral director in Maryland at least 1 year immediately prior to accepting the applicant as an apprentice; and (2) Provides direct supervision to an apprentice. (d) Board.- "Board" means the Maryland State Board of Morticians and Funeral Directors. (e) Corporation.(1) "Corporation" means a mortuary science business whose articles of incorporation are in good standing with the Maryland State Department of Assessments and Taxation, or its successor, the initial business for which the license is issued must have been incorporated on or before June 1, 1945 and have "Incorporated", "Inc.", or "Corporation" in its name. (2) "Corporation" does not include, for purposes of issuing a corporation license, a "professional association" (P.A.) or a "professional corporation" (P.C.). (f) Courtesy card.- "Courtesy card" means a license issued by the Board to licensed practitioners of mortuary science in other states, to make a removal of a dead human body in this State and to return the body to another state or country, to return dead bodies from another state or country to this State, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science. (g) Funeral director.- "Funeral director" means an individual who is licensed by the Board to practice all aspects of mortuary science except for embalming. (h) Funeral establishment.- "Funeral establishment" means any building, structure, or premises from which the business of practicing mortuary science is conducted.
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(i) License.(1) "License" means, unless the context requires otherwise, a license issued by the Board. (2) "License" includes, unless otherwise indicated: (i) A mortician license; (ii) An apprentice license; (iii) A funeral director license; (iv) A surviving spouse license; (v) A corporation license; (vi) A funeral establishment license; and (vii) A courtesy card. (j) Licensed apprentice.- "Licensed apprentice" means, unless the context requires otherwise, an apprentice who is licensed by the Board to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction. (k) Licensed funeral director.- "Licensed funeral director" means, unless the context requires otherwise, a funeral director who is licensed by the Board to practice funeral direction. (l) Licensed funeral establishment.- "Licensed funeral establishment" means, unless the context requires otherwise, a funeral establishment that is licensed by the Board. (m) Licensed mortician.- "Licensed mortician" means, unless the context requires otherwise, a mortician who is licensed by the Board under this title to practice mortuary science. (n) Licensee.- "Licensee" means an individual or entity licensed by the Board to practice mortuary science to the extent determined by the Board. (o) Mortician.- "Mortician" means an individual who practices mortuary science. (p) Practice funeral direction.(1) "Practice funeral direction" means:
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(i) To operate a funeral establishment; (ii) For compensation, to prepare a dead human body for disposition; or (iii) For compensation, to arrange for or make final disposition of a dead human body. (2) "Practice funeral direction" does not include, for compensation, disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection or any other type of preservation. (q) Practice mortuary science.(1) "Practice mortuary science" means: (i) To operate a funeral establishment; (ii) For compensation, to prepare a dead human body for disposition; or (iii) For compensation, to arrange for or make final disposition of a dead human body. (2) "Practice mortuary science" includes: (i) The practice of funeral direction; and (ii) Disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection. (3) "Practice mortuary science" does not include the pickup, removal, or transportation of a dead human body, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director. (r) Pre-need contract.- "Pre-need contract" means an agreement between a consumer and a licensed funeral director, licensed mortician, or surviving spouse to provide any goods and services purchased prior to the time of death. Goods and services shall include: (1) A service, including any form of preservation and disposition, that a mortician normally provides in the ordinary course of business; or (2) Merchandise, including a casket, vault, or clothing, that a mortician normally provides in the ordinary course of business. (s) Surviving spouse.- "Surviving spouse" means the legal widow or widower of a licensed funeral director or licensed mortician, whose license was in good standing at the
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time of death, and who at the time of death, wholly or partly owned and operated a mortuary science business. ยง 7-102. Scope of title. (a) In general.- This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article. (b) Operation of a cemetery or crematory.- This title does not apply to the business of operating a cemetery or crematory, including the sale of cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults. ยง 7-103. Purpose of title. The purpose of this title is to protect the health and welfare of the public.
SUBTITLE 2. STATE BOARD OF MORTICIANS AND FUNERAL DIRECTORS ยง 7-201. Board established. There is a State Board of Morticians and Funeral Directors in the Department.
ยง 7-202. Membership. (a) Composition; appointment of members.(1) The Board consists of 11 members. (2) Of the 11 Board members: (i) 6 shall be licensed morticians or licensed funeral directors; and (ii) 5 shall be consumer members. (3) All Board members shall be residents of the State. (4) The Governor shall appoint each member with the advice of the Secretary, and with the advice and consent of the Senate. (5) The Board may not have more than one member who is employed by or affiliated with, directly or indirectly, the same corporation, professional association, or other entity,
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that owns, directly or through a subsidiary corporation, professional association, or other entity, one or more funeral homes. (b) Qualifications - Mortician members.(1) Each mortician member shall: (i) Be a licensed mortician whose license is in good standing with the Board; and (ii) Have practiced mortuary science actively for at least 5 years immediately before appointment. (2) In this subsection, "good standing" means that the Board has not reprimanded the licensee, suspended, or revoked the mortician's license or placed the licensee on probation within 5 years' time prior to or after confirmation to the Board. (3) To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a mortician license under this title. (c) Qualifications - Funeral director members.(1) Each funeral director member shall: (i) Be a licensed funeral director whose license is in good standing with the Board; and (ii) Have practiced funeral direction actively for at least 5 years immediately before appointment. (2) In this subsection, "good standing" means that the Board has not reprimanded the licensee, suspended, or revoked the funeral director's license or placed the licensee on probation within 5 years' time prior to or after confirmation to the Board. (3) To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a funeral director license under this title. (d) Qualifications - Consumer members.- Each consumer member of the Board: (1) Shall be a member of the general public; (2) May not be or ever have been a mortician, funeral director, or apprentice; (3) May not have a household member who is a mortician, funeral director, or apprentice;
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(4) May not participate or ever have participated in a commercial or professional field related to the practice of mortuary science; (5) May not have a household member who participates in a commercial or professional field related to the practice of mortuary science; and (6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board. (e) Qualifications - Consumer members - Restriction.- While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board. (f) Oath.- Before taking office, each member of the Board shall take the oath required by Article I, ยง 9 of the State Constitution. (g) Tenure; vacancies.(1) The term of an appointed member is 4 years, except that the initial term of 1 of the consumer members is 3 years. (2) The terms of appointed members are staggered as required by the terms provided for members of the Board on July 1, 1981. (3) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) To the extent practicable, the Governor shall fill any vacancy on the Board occurring during the term of an appointed member within 60 days of the date of the vacancy. (6) A member may not serve more than 2 consecutive full terms. (h) Removal.(1) The Governor may remove an appointed member: (i) For incompetence or misconduct; or (ii) Who, because of events that occur after the member's appointment or reappointment to the Board, causes the Board to be in violation of the prohibition set forth in subsection
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(a)(5) of this section. (2) Upon the recommendation of the Secretary, the Governor may remove an appointed member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
ยง 7-203. Officers. (a) In general.- From among its members, the Board shall elect a president, a first vice president, and a second vice president. (b) Election; terms; duties.- The Board shall determine: (1) The manner of election of officers; (2) The term of office of each officer; and (3) The duties of each officer.
ยง 7-204. Quorum; meetings; compensation; staff. (a) Quorum.- A majority of the full authorized membership of the Board is a quorum to do business. (b) Meetings.(1) The Board shall meet at least once a year, at the times and places that it sets in its bylaws and rules and regulations. (2) The Board shall hold special meetings that: (i) It considers necessary; or (ii) The Secretary directs. (c) Compensation and reimbursement for expenses.- Each appointed member of the Board is entitled to: (1) Compensation in accordance with the budget of the Board for each meeting that the member attends; and
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(2) Reimbursement for expenses at a rate determined by the Board. (d) Staff.(1) The Board may appoint a Board secretary, who may be a member of the Board. (2) The Board may employ inspectors and other staff in accordance with the budget of the Board.
ยง 7-205. Miscellaneous powers and duties. (a) In general.- In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties: (1) To adopt bylaws, rules, and regulations to carry out the provisions of this title; (2) To adopt a seal; (3) To establish procedures for licensing apprentices; (4) To keep a list of all individuals currently licensed by the Board; (5) To investigate any alleged violation of this title; (6) To enforce this title; (7) To adopt rules and regulations regarding false and misleading advertising and misrepresentation; (8) To inspect licensed funeral establishments; (9) On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, to conduct an unannounced inspection of the funeral establishment to determine compliance at that funeral establishment with the Centers for Disease Control's guidelines on universal precautions; (10) To establish standards for the practice of mortuary science; and (11) To establish standards for sanitation and waste disposal in connection with the practice of mortuary science. (b) Audits.- The Board may conduct an audit of a licensee that:
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(1) Receives pre-need funds; (2) Places pre-need funds in a trust; or (3) Enters into a pre-need contract.
ยง 7-206. State Board of Morticians and Funeral Directors Fund - Establishment of fees; disposition of funds. (a) State Board of Morticians and Funeral Directors Fund established.- There is a State Board of Morticians and Funeral Directors Fund. (b) Establishment of fees.(1) The Board may set reasonable fees for its services. (2) The fees charged shall be set so as to approximate the cost of maintaining the Board. (3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section. (c) Disposition of funds.(1) The Board shall pay all funds collected under this title to the Comptroller of the State. (2) The Comptroller shall distribute the fees to the State Board of Morticians and Funeral Directors Fund. (d) Fund - Uses; nature; reversion; funding.(1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article. (2) The Fund is a continuing, nonlapsing fund, not subject to ยง 7-302 of the State Finance and Procurement Article. (3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
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(4) No other State money may be used to support the Fund. (e) Same - Administration; expenditures.(1) A designee of the Board shall administer the Fund. (2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article. (f) Same - Audits.- The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in ยง 2-1220 of the State Government Article.
ยง 7-207. Good faith exemption from civil liability. A person shall have the immunity from liability described under ยง 5-707 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
SUBTITLE 3. LICENSING ยง 7-301. License required; exceptions. (a) In general.- Except as provided in subsection (b) of this section, an individual shall be licensed by the Board before the individual may practice mortuary science in this State. (b) Exceptions.- This section does not: (1) Limit the right of a school of medicine or dentistry to use and dispose of a dead human body or its parts; (2) Limit the right of any person who is authorized by law to handle or dispose of a dead human body or its parts, if the person acts within the scope of that authorization; (3) Affect the right of an authorized officer or employee of the United States or the District of Columbia to practice mortuary science in the course of that individual's duties; (4) Apply to an individual who makes funeral arrangements in the course of the duties of that individual as an attorney; or
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(5) (i) Limit the right of the Board to issue temporary permits to out-of-state licensed morticians or funeral directors for teaching purposes involving an approved continuing education program or disaster situations as deemed necessary by the Board. (ii) A mortician or funeral director who is issued a temporary permit shall be subject to any conditions and limitations that the Board may specify in the permit and the provisions of this title. ยง 7-302. Mortician license. (a) Required.(1) An individual shall be licensed by the Board before the individual may practice mortuary science in this State. (2) A mortician license issued under this title authorizes the licensee to practice mortuary science while the license is effective. (b) Scope.(1) An individual shall be licensed by the Board before the individual may practice funeral direction in this State. (2) A funeral director license issued under this title authorizes the licensee to practice funeral direction while the license is effective.
ยง 7-303. Qualifications of applicants for mortician or funeral director license. (a) Determination of qualifications by Board.(1) The Board shall determine the qualifications necessary for an individual to lawfully engage in the practice of mortuary science or funeral direction and to operate a funeral establishment within this State. (2) Except as otherwise provided in this subtitle, to qualify for a mortician or funeral director license, an applicant shall be an individual who meets the requirements of this section. (b) Examinations; issuance of license.- The Board shall examine all applications for licensure for the practice of mortuary science or funeral direction and shall issue the mortician or funeral director license to an individual who:
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(1) Is judged to be of good moral character; (2) Has completed not less than 1 year and not more than 2 years of licensed apprenticeship, unless the Board allowed extensions for additional 1-year terms; (3) Except as otherwise provided in this section, has graduated with an associate of arts degree in mortuary science or its equivalent from a school accredited by the American Board of Funeral Service Education or approved by the Board, or has acquired at least an associate of arts degree and completed a course in mortuary science that is accredited by the American Board of Funeral Service Education or approved by the Board; (4) Has passed the national board examination administered by the Conference of Funeral Service Examining Boards of the United States; (5) Except as provided in subsection (c) of this section, has passed a written examination on Maryland law and regulations governing the practice of mortuary science and a practical examination demonstrating competency in the preparation of dead human bodies for final disposition and sanitary science; and (6) Has submitted an application to the Board on the required form and has paid a fee set by the Board. (c) License to practice funeral direction.- For an individual applying for a license to practice funeral direction, the practical examination qualification under subsection (b)(5) of this section may not include demonstrating competency in embalming. ยง 7-304. Examinations. (a) Right to examination.- An applicant who otherwise qualifies for a mortician or funeral director license is entitled to be examined as provided in this section if the applicant: (1) Holds an apprentice license; or (2) Has completed the apprenticeship requirements of this title. (b) Time and place of examination.- The Board shall give examinations to applicants twice each year, at the times and places that the Board determines. (c) Notice of examination.- The Board shall notify each qualified applicant of the time and place of examination. (d) Subjects and method of examination.-
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(1) The written part of the examination shall include: (i) The general and local laws of this State on the practice of mortuary science; and (ii) The laws and regulations on infectious diseases. (2) In the practical part of the examination: (i) The Board shall provide a dead human body; and (ii) Except as provided in paragraph (3) of this subsection, in the presence of at least one third of the licensed members of the Board, each applicant shall demonstrate the applicant's knowledge and skill in the preparation of dead human remains for final disposition. (3) For individuals applying for a license to practice funeral direction, a practical examination under paragraph (2) of this subsection may not include demonstrating competency in embalming. (e) Examination fee.(1) An applicant shall pay to the Board an examination fee set by the Board. (2) The payment of one examination fee entitles an applicant to take the examination twice. (f) Reexamination.- If an applicant fails the examination twice, the applicant may retake the examination if the applicant pays the appropriate fee. (g) National examination of Conference of Funeral Service Examining Boards.- In addition to the written and practical examinations administered by the Board, an applicant must take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States. ยง 7-305. Waiver of requirements. (a) Authorized.- Subject to the provisions of this subsection, the Board may waive the examination and apprenticeship requirements of ยง 7-303 of this subtitle and issue a mortician or funeral director license to an applicant who is licensed to practice mortuary science or funeral direction in any other state.
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(b) Conditions.- The Board may grant a waiver under this subsection only if the applicant: (1) Pays the license fee required by the Board under ยง 7-303 of this subtitle; (2) Was a licensed mortician or funeral director in good standing in the other state; (3) Serves an apprenticeship consisting of 1,000 hours; and (4) Passes the Maryland State written examination administered by the Board. (c) Reciprocity.- The Board may grant a waiver only if the state in which the applicant is licensed: (1) Grants a similar waiver to licensees of this State; and (2) Has standards for a mortician or funeral director license that are not lower than those of this State.
ยง 7-306. Apprentice or funeral director license; requirements for completion of apprenticeship. (a) Apprentice license required.- An individual shall obtain an apprentice license from the Board before beginning an apprenticeship in this State. (b) Sponsors.(1) An applicant for a mortician apprentice license shall have a sponsor with a current mortician license. (2) An applicant for a funeral director license shall have a sponsor with a current mortician or funeral director license. (c) Apprentice license fee.- An applicant for an apprentice license shall pay to the Board a fee set by the Board. (d) Requirements for completion of apprenticeship.(1) Prior to an individual appearing before the Board for approval of an apprentice license, the individual must complete two-thirds of the academic credits for a mortuary science program at a school accredited by the American Board of Funeral Service or
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approved by the Board, with a 2.0 grade point average or higher that is verified with a certified copy of the college transcript. (2) The applicant shall appear before the Board with the applicant's sponsor. The sponsor shall hold a current valid mortician license in Maryland and shall be employed by the same funeral home that employs the apprentice. (3) The practical experience of an apprentice shall include: (i) Participation in at least 20 funerals; (ii) Except as provided in paragraph (4) of this subsection, assistance in the preparation of at least 20 dead human bodies for final disposition; and (iii) Completion of 1,000 working hours in a licensed funeral establishment under the direct supervision of a licensed mortician or funeral director. Supervision may include instruction by other licensed morticians or funeral directors employed or supervised by the sponsor. (4) For an apprentice funeral director, the practical experience under paragraph (3)(ii) of this subsection may not include embalming. (5) On termination of the sponsor-apprentice relationship, both the sponsor and the apprentice shall independently notify the Board in writing of: (i) The date of termination; (ii) The name, date of death, and date of service for each decedent for whom a funeral service was conducted under paragraph (3)(i) of this subsection in which the apprentice participated; and (iii) The name, date of death, and date of the preparation for disposition of each decedent for whom the apprentice assisted in accordance with paragraph (3)(ii) of this subsection. (6) Prior approval must be granted by the Board before a change of sponsorship occurs. (e) Scope of licenses.- While the license is effective, an apprentice license authorizes the licensee to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction only as part of a training program to become a licensed mortician or funeral director.
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ยง 7-307. Funeral director license. Repealed by Acts 2007, ch. 185, ยง 1, effective October 1, 2007. ยง 7-308. Surviving spouse license. (a) Issuance.- Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant: (1) Is the surviving spouse of a licensed mortician or licensed funeral director whose license was in good standing at the time of death and who at the time of death was operating and wholly or partly owned a mortuary science business; (2) Is not a licensed mortician or licensed funeral director; (3) Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee and the application required by the Board; and (4) Pays a fee set by the Board. (b) Examination.(1) Within 6 months of the issuance of the surviving spouse license, the applicant must take the written Maryland State law examination administered by the Board under ยง 7304 (b), (c), (d)(1), (e), and (f) of this subtitle. (2) The license becomes null and void if the surviving spouse fails the Maryland State law examination twice. (3) An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection. (c) Sale of business.- Nothing in this section shall prevent a surviving spouse from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician. (d) Scope.- Except as provided in subsection (c) of this section, while a surviving spouse license is effective, it authorizes the licensee to: (1) Continue the operation of the mortuary science business that had been operated and wholly or partly owned by the spouse of the licensee; and
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(2) Assist with the planning and conducting of funeral services for that mortuary science business. (e) Conditions.- The Board may issue a license under this section only if: (1) The business is operated under the direct supervision of a licensed mortician or funeral director; and (2) The embalming is done by a licensed mortician.
ยง 7-308.1. Executor license. (a) In general.- A personal representative of a deceased mortician's or funeral director's estate shall be licensed by the Board before continuing operation of the mortuary science business. (b) Requirements.- The Board shall issue an executor license to an applicant if the applicant: (1) Is the appointed personal representative of a deceased mortician's or funeral director's estate in accordance with the requirements established in Title 5 of the Estates and Trusts Article; (2) Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee, written verification of appointment as a personal representative, and the application required by the Board; and (3) Pays a fee set by the Board. (c) Sale of business permitted.- Nothing in this section shall prevent a personal representative from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician. (d) Authorized activities.- Except as provided in subsection (c) of this section, while an executor license is effective, it authorizes the licensee to: (1) Continue operation of the mortuary science business that had been operated and wholly or partly owned by the deceased mortician or funeral director; and (2) Assist with the planning and conducting of funeral services for that mortuary science business.
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(e) Licensed mortician required.- The Board may issue a license under this section only if: (1) The business is operated under the direct supervision of a licensed mortician or funeral director; and (2) The embalming services are provided by a licensed mortician. (f) Expiration.- Notwithstanding the provisions of ยง 7-314 of this subtitle, an executor license is valid for six months from the date of issuance and may not be renewed or reinstated after expiration. (g) Continuation after expiration.- A personal representative who wishes to continue operation of a mortuary science business upon expiration of the executor license must qualify and be licensed as a mortician or a funeral director, or be the holder of a surviving spouse or corporation license.
ยง 7-309. Corporation license. (a) In general.- Except as otherwise provided by law, a corporation may not operate a mortuary science business and the Board may not issue a license to or list any corporation as licensed to operate a mortuary science business. (b) Exception.- The Board may renew only the license of a corporation that: (1) On June 1, 1945, held a license issued by this State; (2) Has been renewed continuously since that date; (3) Submits an application on a form required by the Board; and (4) Pays a fee set by the Board. (c) Contents of application.- Each application for renewal made by a corporation shall state the name and address of each officer and director of the corporation. (d) Scope of license.- While a corporation license is effective, it authorizes a corporation to operate a mortuary science business only if any practice of mortuary science that is conducted for the corporation is practiced by a licensed individual.
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(e) Branch establishments.- A corporation may not operate a branch funeral establishment unless the branch funeral establishment was in operation on or before October 1, 1964. (f) Sale, bankruptcy, or cessation of operations.- If a corporation is sold, declares bankruptcy, or ceases to operate, written notice must be submitted to: (1) The Board, within 2 weeks of the occurrence, detailing the changes and the arrangements for carrying out the pre-need contracts and disbursement of the money held in escrow; and (2) The holders of pre-need contracts advising them of their options under Maryland law.
ยง 7-310. Funeral establishment license. (Amendment effective January 1, 2009.) (a) License required; restrictions.(1) A funeral establishment shall be licensed by the Board before the establishment may be used for the preparation of the remains, viewing, and conducting of services. (2) The licensee may be restricted to operations as determined by the Board. (b) Application.(1) To apply for a funeral establishment license, an applicant shall: (i) Submit an application to the Board on the form that the Board requires; and (ii) Pay to the Board: 1. An application fee set by the Board; and 2. The fee established under ยง 7-4A-05(a) of this title. (2) An application for a funeral establishment license shall be signed by a licensed individual who is not an apprentice but is the owner or co-owner of the establishment to be licensed. (c) Issuance.- The Board shall issue a funeral establishment license to a funeral establishment that: (1) Has complied with all applicable State and local laws;
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(2) Will be owned and operated in accordance with this title by at least one licensed mortician or one licensed funeral director, or a holder of a surviving spouse or corporation license; and (3) Will be held responsible for any and all activities performed on the premises. (d) Name on license to appear on signs and advertisements.- Signs and advertisements of a funeral establishment shall display the name that appears on the establishment license.
ยง 7-311. Courtesy card. (a) Issuance.- The Board may issue a courtesy card to a practitioner of mortuary science who: (1) Is licensed to practice mortuary science in another state; (2) Maintains a license in good standing with that state; (3) Files an application with the Board; and (4) Pays to the Board a license fee set by the Board. (b) Scope of card.- The courtesy card: (1) Allows the holder of the courtesy card to make a removal of a dead human body in this State and to return the body to another state or country, to return a dead human body from another state or country to this State for final disposition, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science; but (2) Does not allow the holder of the courtesy card to operate a funeral establishment, make funeral arrangements, or conduct funerals in this State. (c) Transferability.- A card issued by the Board under this title is not transferable.
ยง 7-312. Exemption for persons obtaining burial-transit permit. Any person who obtains a burial-transit permit under ยง 4-215 of the Health - General Article is exempt from any requirement of this title to be under the direction of a licensed mortician or licensed funeral director.
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ยง 7-313. Issuance and contents of license; license not transferable. (a) Issuance.- The Board shall issue the appropriate license to an applicant who meets the requirements of this title. (b) Contents.- The Board shall include on each license and renewal certificate that the Board issues: (1) The signature of the secretary of the Board; (2) The seal of the Board; (3) A designation of the kind of license; and (4) If it is a corporation license, the name and address of each director and each officer. (c) License not transferable.- A license issued by the Board under this title is not transferable.
ยง 7-314. Term and renewal of licenses. Amendment effective January 1, 2009.) (a) Term of license.- A license issued under this title expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. (b) Renewal notice.- At least 1 month before a license expires, the Board shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states: (1) The date on which the current license expires; (2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and (3) The amount of the renewal fee. (c) Applications for renewal.- Except as otherwise provided in this section, before a license expires, the licensee periodically may renew it for additional terms, if the licensee:
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(1) Has met the qualifications for licensure and is not under a suspension or revocation order of the Board; (2) Except as otherwise provided under this title, pays to the Board a renewal fee set by the Board; (3) Submits to the Board a renewal application on the form that it requires; (4) Submits to the Board satisfactory evidence of compliance with any continuing education requirements the Board may adopt by regulation; and (5) For a funeral establishment license, provides proof of any payment to the Board required in accordance with ยง 7-4A-05(b) of this title. (d) Issuance of renewal.(1) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section. (2) The secretary of the Board may issue a renewal certificate during the interim between meetings of the Board. (e) Apprentice license.(1) Before an apprentice license expires, the licensee may renew it for an additional 1year term only if the licensee: (i) Submits to the Board a renewal application on the form that the Board requires; (ii) Continues to participate in a training program; and (iii) Pays to the Board a renewal fee set by the Board. (2) An apprentice license may be renewed only two times. (f) Courtesy card.- Before a courtesy card expires, the licensee may renew it for additional terms if the licensee: (1) Submits to the Board a renewal application on the form that the Board requires; (2) Submits documentation to the Board that the out-of-state license is in good standing; and
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(3) Pays to the Board a renewal fee set by the Board. (g) Members of armed forces.- If, when the license of an individual otherwise would expire, the licensee is on active duty as a member of the armed forces but not on a career basis, the license is renewed automatically for a 1-year term without application or payment of a fee.
ยง 7-315. Reinstatement of expired licenses. (a) In general.- The Board shall reinstate the license of an individual who has failed to renew a mortician license or funeral director license for any reason if the individual: (1) Requests that the Board reinstate the license; (2) Meets the appropriate renewal requirements of this subtitle; (3) Pays to the Board a reinstatement fee set by the Board; (4) Submits to the Board an affidavit stating that the individual did not practice mortuary science in this State while the license was expired; and (5) Applies to the Board for reinstatement of the license within 5 years after the license expires. (b) Limitation.- The Board may not reinstate the license of a mortician or funeral director who fails to apply for reinstatement of the license within 5 years after the license expires unless the mortician or funeral director meets the terms and conditions established by the Board.
ยง 7-316. Denials, reprimands, suspensions, and revocations - Grounds. (a) In general.- Subject to the hearing provisions of ยง 7-319 of this subtitle and except as to a funeral establishment license, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke any license if the applicant or licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; (2) Fraudulently or deceptively uses a license;
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(3) Commits fraud or misrepresentation in the practice of mortuary science; (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; (5) Aids or abets an unauthorized person in the practice of mortuary science; (6) Advertises falsely or in a misleading manner; (7) Solicits mortuary science business, either personally or by an agent, from a dying individual or the relatives of a dead or dying individual, other than through general advertising; (8) Employs, pays, or offers to pay a "capper", "steerer", "solicitor", or any other person to obtain business, either in general or for a licensee or funeral establishment; (9) Directly or indirectly pays or offers to pay to obtain mortuary science business; (10) Solicits or accepts any payment or rebate for recommending any crematory, mausoleum, or cemetery or causing a dead human body to be disposed of there; (11) Refuses to surrender custody of a dead human body on the demand of a person who is entitled to its custody; (12) Sells or offers to sell any share, certificate, or interest in a mortuary science business with a promise or offer to perform services to the buyer at a cost less than that offered to the general public; (13) Fails, after proper demand, to refund promptly any payments received under a preneed contract with interest; (14) At the time funeral arrangements are made, fails to give the contract required by ยง 7404 of this title; (15) Violates any State, municipal, or county law, rule, or regulation on the handling, custody, care, or transportation of dead human bodies or the disposal of instruments, materials, and wastes relevant to preparation of a dead human body for final disposition; (16) Practices mortuary science under a name other than: (i) The name that appears on the license of that person; or
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(ii) The name of a partnership in accordance with ยง 7-401 of this title; (17) Signs an application for a funeral establishment license if the signer knew or should have known that grounds existed for which the funeral establishment license later was denied, suspended, or revoked; (18) Violates any provision of this title or of the laws relating to cremation; (19) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes; (20) Willfully makes or files a false report or record in the practice of mortuary science; (21) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; (22) Submits a false statement to collect a fee; (23) Provides professional services while: (i) Under the influence of alcohol; or (ii) Using any narcotic or controlled dangerous substance, as defined in ยง 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; (24) Violates any rule or regulation adopted by the Board; (25) Is professionally, physically, or mentally incompetent; (26) Commits an act of unprofessional conduct in the practice of mortuary science; (27) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; (28) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control's guidelines on universal precautions; (29) Fails to allow an inspection under ยง 7-205(a)(8) of this title;
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(30) Fails to comply with inspection requirements in the time specified by the Board; or (31) Fails to provide the Board the certification required under ยง 7-405(i) of this title. (b) Funeral establishment.(1) Subject to the hearing provisions of ยง 7-319 of this subtitle and paragraph (2) of this subsection, the Board may reprimand, place on probation, deny, suspend, or revoke a funeral establishment license for any of the grounds listed in subsection (a) of this section. (2) The Board may not reprimand, place on probation, deny, suspend, or revoke a funeral establishment license because of a violation of a provision of this title by an employee of the establishment, unless the employee has a proprietary interest in the business that is conducted from the establishment.
ยง 7-316.1. Injunction actions. (a) In general.- An action may be maintained in the name of the State or the Board to enjoin: (1) The unauthorized practice of mortuary science; or (2) Conduct that constitutes a ground for disciplinary action under ยง 7-315 of this subtitle. (b) By whom brought.- An action under this section may be brought by: (1) The Board; (2) The Attorney General; or (3) A State's Attorney. (c) Where brought.- An action under this section shall be brought in the county where the defendant: (1) Resides; or (2) Engages in the practice of mortuary science.
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(d) Proof of damage not required.- Proof of actual damage or proof that a person will sustain damage if an injunction is not granted is not required for an action under this section. (e) Criminal prosecution does not prohibit injunction.- Criminal prosecution for the unauthorized practice of mortuary science under § 7-501 of this title or disciplinary action under § 7-316 of this subtitle does not prohibit an action to enjoin under this section.
§ 7-317. Penalty instead of probation or suspension or in addition to probation, suspension, or revocation. (a) Imposition of penalty.- If, after the Board brings an action under § 7-316 of this subtitle, the Board finds that there are grounds to place a licensee on probation or suspend or revoke a license, the Board may impose a penalty not exceeding $5,000: (1) Instead of suspending or revoking the license; or (2) In addition to placing the licensee on probation or suspending or revoking the license. (b) Disposition of funds.- The Board shall pay any penalty collected under this section into the General Fund of the State. § 7-318. Surrender of license. (a) In general.- Unless the Board agrees to accept the surrender of a license while the licensee is under investigation or while charges are pending against the licensee, a licensee may not: (1) Surrender the license; or (2) Allow the license to lapse by operation of the law. (b) Conditions.- The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
§ 7-319. Denials, reprimands, suspensions, and revocations - Hearings. (a) Right to hearing.- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 7-316 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
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(b) Application of Administrative Procedure Act.- The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. (c) Right to counsel.- The person may be represented at the hearing by counsel. (d) Subpoenas and oaths.- Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any audit or investigation under this title and any hearings or proceedings before it. (e) Contempt of court.- If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction shall compel compliance with the subpoena and may punish the person as for contempt of court. (f) Ex parte hearings.- If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. (g) Costs.- If after a hearing an individual is found in violation of ยง 7-316 of this subtitle, the individual shall pay the hearing costs.
ยง 7-320. Administrative and judicial review. (a) In general.- Except as provided in this section for an action against any health care professional under ยง 7-316 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may: (1) Appeal that decision to the Board of Review; and (2) Then take any further appeal allowed by the Administrative Procedure Act. (b) Action under ยง 7-316.(1) Any health care professional aggrieved by a final decision of the Board under ยง 7-316 of this subtitle may not appeal to the Secretary or Board of Review but may take a direct judicial appeal. (2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. (c) Stay pending review.- If a person notes an appeal from an order of suspension or revocation by the Board, the order is stayed.
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ยง 7-321. Inactive status. (a) Application and fees.- The Board shall place a licensee on inactive status if the licensee submits to the Board: (1) An application for inactive status on the form required by the Board; and (2) Pays the inactive status fee set by the Board. (b) Reactivation.- A licensee on inactive status may reactivate the license at any time if the licensee: (1) Complies with the continuing education requirements in effect for the year in which the licensee seeks to reactivate the license; (2) Has not practiced mortuary science in the State while on an inactive status; and (3) Pays the reactivation fee set by the Board. (c) Examination after extended period.- If a license is inactive for more than 5 years, the licensee shall take and pass the Maryland Morticians Law Examination administered by the Board.
SUBTITLE 4. MISCELLANEOUS ยง 7-401. Partnerships. (a) Partnerships permitted.- Two or more licensed morticians or funeral directors may practice mortuary science as a partnership. (b) Required names.- A partnership shall be conducted under the names of all the partners. (c) Application.- Before practicing as a partnership, the licensees shall: (1) Notify the Board that they will be practicing as a partnership; and (2) Submit to the Board the name and address of each partner.
ยง 7-402. Professional associations.
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(a) Professional associations permitted.- One or more licensed morticians or funeral directors may practice mortuary science as a professional association. (b) Name.- A professional association shall be conducted under the name authorized by the Department of Assessments and Taxation. (c) Application.- Before practicing as a professional association, the licensee shall: (1) Notify the Board; and (2) Submit to the Board the name and address of each member of the professional association.
ยง 7-403. School of mortuary science. (a) Authority to establish.- The Board may establish a school to: (1) Teach mortuary science; and (2) Gather and give out information on: (i) Sanitation; (ii) Preservation of dead human bodies; and (iii) Disinfection of dead human bodies, living areas, clothing, and bedding when death results from infectious disease. (b) Rules and regulations.- The Board may adopt rules and regulations for: (1) The conduct of the school; (2) Payment of tuition fees; (3) Admission of students; and (4) Issuance of diplomas. (c) Costs.- The cost of operating the school shall be derived from: (1) Tuition fees;
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(2) License examination fees; (3) License fees; and (4) Renewal fees.
ยง 7-404. Contract required. (a) Contract of initial agreement.(1) At the time a licensee makes funeral arrangements, the licensee shall give to the individual who requested the funeral arrangements a contract that includes: (i) An itemized list of all services and merchandise that will be provided and the total price; (ii) To the extent possible, a specification of any item for which the licensee will advance money to accommodate the buyer; and (iii) The terms and method of payment. (2) The contract shall be in duplicate and contain the signatures of the licensee, other than an apprentice, and the payor of the requested service. (3) A copy of the signed contract shall be given to the payor at the time the arrangements are finalized. (b) Additional statements.- In addition to the contract required under subsection (a) of this section, the licensee shall give to the individual who requested a funeral a similar written statement that reflects any change in the arrangements agreed to between the parties.
ยง 7-405. Pre-need contracts. (Amendment effective January 1, 2009.) (a) Definitions.(1) In this section the following words have the meanings indicated. (2) "Beneficiary" means a person for whose benefit a pre-need contract is purchased and who will receive the merchandise or services offered under the contract.
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(3) "Buyer" means a person that purchases a pre-need contract. (4) "Seller" means a person who agrees to provide services or merchandise, directly or indirectly, under a pre-need contract. (5) "Trustee" means a person that has responsibility for making pre-need arrangements in a manner that entitles the beneficiary to be eligible for benefits that restrict assets. (b) Persons authorized to execute.(1) Only a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license may offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract. (2) Notwithstanding the provisions of paragraph (1) of this subsection, a licensed mortician or a licensed funeral director who is employed by a funeral establishment may execute pre-need contracts on behalf of the funeral establishment with which the mortician or funeral director is employed. (3) Any funeral establishment on whose behalf pre-need contracts are executed under this subsection must comply with the requirements of this section. (c) Form.(1) A pre-need contract shall contain: (i) The name of each party to the contract and, if the beneficiary is an individual other than the buyer, the name of the beneficiary of the contract; (ii) A description of any service or merchandise to be provided under the pre-need contract; (iii) A disclosure statement that clearly: 1. States that all funeral costs may not be covered under the pre-need contract; and 2. Lists all funeral goods and services that are reasonably expected to be required at the time of need, but are not included in the contract; (iv) The total price of the services and merchandise agreed on; and (v) The method of payment.
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(2) A pre-need contract shall be executed in duplicate and be signed by each party. (3) The seller shall give one of the duplicate originals of the pre-need contract to the buyer. (d) Deposit of funds.(1) Within 10 days after receiving a payment under a pre-need contract, the seller shall deposit into an interest bearing, escrow or trust account: (i) For services, 100% of the payment under the pre-need contract; and (ii) For goods: 1. An amount from the payment that is equal to 80% of the selling price of a casket or casket vault under the pre-need contract; and 2. 100% of the payment that is for all other goods under the pre-need contract. (2) The interest bearing, escrow or trust account shall be with: (i) A banking institution that is insured by an agency of the federal government; or (ii) A savings and loan association that is insured by an agency of the federal government. (3) A seller need not have a separate escrow or trust account for each pre-need contract. (4) (i) Any interest or dividends earned by the escrow or trust account prior to service being rendered belong to the buyers of the pre-need contracts. (ii) Upon performance of the contract, any interest or dividends earned by the escrow or trust account belong to the seller. (e) Administration of accounts; irrevocable trusts; notice.(1) (i) Except as may be provided in an irrevocable trust established under paragraph (4) of this subsection and in subparagraph (ii) of this paragraph, the banking institution or savings and loan association with which funds are deposited under this section is not responsible for the application of pre-need contract escrow or trust funds. (ii) Except as otherwise provided in this section, the banking institution or savings and loan association with which funds are deposited under this section may not release the
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funds to the seller unless the seller provides to the banking institution or savings and loan association: 1. A copy of the death certificate of the beneficiary; or 2. A notarized statement and withdrawal request from the buyer or the buyer's legal representative. (2) (i) Except as otherwise provided in this subsection, a seller may not withdraw from the account any money received from a buyer unless the services and merchandise have been provided as agreed in the contract. (ii) 1. Except as otherwise provided in this subsection, a seller may not withdraw from the account any money received from a buyer unless the seller provides to the banking institution or savings and loan association with which funds are deposited a copy of the beneficiary's death certificate. 2. A violation of subsubparagraph 1 of this subparagraph is an unfair or deceptive trade practice under Title 13 of the Commercial Law Article. (3) A pre-need contract is ended and a seller shall refund to a buyer all payments and interest held for the buyer if: (i) The buyer or the legal representative of the buyer demands in writing a refund of all payments made; (ii) The business of the seller is discontinued or sold; (iii) The seller is unable to perform under the terms and conditions of the pre-need contract; or (iv) The buyer fails to pay the entire contract price before the death of the beneficiary, and the seller considers the pre-need contract void. (4) (i) Notwithstanding the provisions of paragraph (3) of this subsection, the buyer of a pre-need contract has the option, at any time, to establish, under paragraph (5) of this subsection, an irrevocable trust with respect to all or any portion of the payment made under the contract in the escrow or trust account held by the seller, but only for the purpose of entitling the buyer to be eligible for any current Social Security benefits or for any benefits under any other plan that restricts eligibility to those with limited assets. (ii) The trust document establishing a trust under this paragraph shall contain the following notice, conspicuously displayed in 10-point boldface type:
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"This document creates an irrevocable trust. Under the terms of this document, a buyer may not receive a refund of any payments made for the pre-need burial contract". (5) The trust document establishing a trust under paragraph (4) of this subsection shall provide for: (i) The disposition of the income earned by the trust which shall inure to the benefit of the buyer; (ii) The transfer of the trust funds if required by a trustee substituted under paragraph (6) of this subsection; and (iii) The disposition of the trust funds if: 1. The business of the seller is discontinued or sold; 2. The seller is unable to perform under the terms and conditions of the pre-need contract; and 3. The buyer fails to pay the entire contract price before the death of the beneficiary and the seller considers the pre-need contract void. (6) If the buyer exercises the option described in paragraph (4) of this subsection, the buyer, a relative of the buyer, or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract. (7) If a contract is voided under paragraph (3) of this subsection and the option to establish an irrevocable trust has been exercised under paragraph (4) of this subsection, the buyer, a relative of the buyer, or a legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract. (f) Scope of section; funding by life insurance policy or annuity contract.(1) A pre-need contract is not subject to the Retail Installment Sales Act. (2) The making of a pre-need contract by a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license is not the practice of insurance business. (3) (i) A pre-need contract may be funded by a life insurance policy or an annuity contract if:
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1. The mortician, funeral director, or surviving spouse is not the owner of or beneficiary under the life insurance policy or annuity contract; 2. An assignment of benefits to the mortician, funeral director, or surviving spouse may be revoked at any time by the owner of the life insurance policy or annuity contract; 3. Subject to item 4 of this subparagraph, the mortician, funeral director, or surviving spouse agrees to accept the benefits payable under the life insurance policy or annuity contract as payment in full for the services and merchandise agreed on in the pre-need contract; and 4. Any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed on in the pre-need contract are paid to the beneficiary under the life insurance policy or annuity contract. (ii) A pre-need contract that is funded by a life insurance policy or an annuity contract shall terminate if the assignment of benefits to the mortician, funeral director, or surviving spouse is revoked by the owner of the life insurance policy or annuity contract. (iii) 1. The offer, sale, or assignment of a life insurance policy or annuity contract to fund a pre-need contract is not subject to this section. 2. A pre-need contract funded by a life insurance policy or an annuity contract is not subject to subsection (d) or (e) of this section. (g) General price list.- A seller of a pre-need contract shall provide the buyer with a general price list for the buyer to keep of the goods and services offered by the seller. (h) Disclosures required.- A seller of a pre-need contract shall disclose to the consumer the buyer's cancellation and refund rights under subsection (d) of this section.
ยง 7-406. Cremation. A licensee shall maintain a complete file of a cremation that includes the signature of the next of kin, person identifying the body, or person responsible for disposition, time of death, and the date and time of cremation.
ยง 7-407. Continuation of benefits for surviving spouse.
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(a) Duty of licensed funeral directors to provide.- A licensed funeral director shall provide to the surviving spouse or immediate family members of the deceased or authorized representative a notice which advises that certain individuals may be entitled to continuation of group health insurance benefits under ยง 15-407 of the Insurance Article. (b) Notice.- The notices required to be provided in subsection (a) of this section shall be supplied to the licensed funeral director by the Insurance Commissioner. (c) Liability of funeral directors failing to provide notice.- A licensed funeral director who fails to provide notice under subsection (a) of this section shall not be liable to any person for benefits which would have otherwise been payable under ยง 15-407 of the Insurance Article or other damages resulting from the failure to provide notice.
ยง 7-408. Mortician and funeral director rehabilitation committees. (a) Mortician and funeral director rehabilitation committee.- In this section, "mortician and funeral director rehabilitation committee" means a committee that: (1) Is defined in subsection (b) of this section; and (2) Performs any of the functions listed in subsection (d) of this section. (b) In general.- For purposes of this section, a mortician and funeral director rehabilitation committee is a committee of the Board or a committee of any association representing morticians and funeral directors that: (1) Is recognized by the Board; and (2) Includes but is not limited to morticians and funeral directors. (c) Scope of authority.- A rehabilitation committee of the Board or recognized by the Board may function: (1) Solely for the Board; or (2) Jointly with a rehabilitation committee representing another board or boards. (d) Duties.- For purposes of this section, a mortician and funeral director rehabilitation committee evaluates and provides assistance to any mortician or funeral director, and any other individual regulated by the Board, in need of treatment and rehabilitation for
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alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. (e) Discoverability and admissibility of proceedings, records and files.(1) Except as otherwise provided in this subsection, the proceedings, records, and files of the mortician and funeral director rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the mortician and funeral director rehabilitation committee. (2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the mortician and funeral director rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. (3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. (f) Good faith exemption from civil liability.- A person who acts in good faith and within the scope of jurisdiction of a mortician and funeral director rehabilitation committee is not civilly liable for any action as a member of the mortician and funeral director rehabilitation committee or for giving information to, participating in, or contributing to the function of the mortician and funeral director rehabilitation committee.
ยง 7-409. Inspections. (a) Without notice.- All inspections of funeral establishments shall be unannounced and may take place at any time without notice from the Board. (b) Advance notice.- An unannounced inspection may include advance notice that an investigator may be in the region of the funeral establishment, if: (1) The advance notice is no more than 14 days prior to the inspection; (2) No specific date or time is provided for the inspection; and (3) The advance notice is provided solely to ensure that a licensed mortician or funeral director will be on-site for the inspection.
ยง 7-410. Decisions concerning disposition of body.
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(a) Individual's own body.- Any individual who is 18 years of age or older may decide the disposition of the individual's own body after the individual's death without the predeath or post-death consent of another person by executing a document that expresses the individual's wishes or by entering into a pre-need contract. (b) Validity of executed document.- In order to be valid, any document executed under subsection (a) of this section must be written and signed by the individual in the presence of a witness, who, in turn, shall sign the document in the presence of the individual. (c) Priority in arranging for disposition of body of another.- Unless a person has knowledge that contrary directions have been given by the decedent, if a decedent has not executed a document under subsection (a) of this section, the following persons, in the order of priority stated, have the right to arrange for the final disposition of the body of the decedent under this section and are liable for the reasonable costs of preparation, care, and disposition of the decedent: (1) The surviving spouse or domestic partner, as defined in ยง 1-101 of the Health General Article, of the decedent; (2) An adult child of the decedent; (3) A parent of the decedent; (4) An adult brother or sister of the decedent; (5) A person acting as a representative of the decedent under a signed authorization of the decedent; (6) The guardian of the person of the decedent at the time of the decedent's death, if a guardian has been appointed; or (7) In the absence of any person under paragraphs (1) through (6) of this subsection, any other person willing to assume the responsibility to act as the authorizing agent for purposes of arranging the final disposition of the decedent's body, including the personal representative of the decedent's estate, after attesting in writing that a good faith effort has been made to no avail to contact the persons described in paragraphs (1) through (6) of this subsection. (d) When more than one person authorized.(1) Subject to paragraph (2) of this subsection, if a decedent has more than one survivor under subsection (c)(1) through (4) of this section, any adult child, parent, or adult brother or sister of the decedent who confirms in writing to a licensee that all of the other
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members of the same class have been notified may serve as the authorizing agent unless the licensee receives a written objection from another member of that class. (2) If a decedent has more than one survivor under subsection (c)(1) through (4) of this section, the majority of a class may serve as the authorizing agent. (e) Public officials authorized.- For an individual whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State-appointed guardian, or any other public official charged with arranging the final disposition of the body of the individual may serve as the authorizing agent for purposes of this section. (f) Institutions authorized.- For an individual who has donated the individual's body to medical science or whose death occurred in a nursing home or other private institution, a representative of the institution to which the body was donated or in which the decedent died may serve as the authorizing agent of the decedent and the institution is charged with making arrangements for the final disposition of the body.
ยง 7-411. Identification tag. (a) Affixed to body.- Before burial or interment, a mortician shall affix to the long bones of the deceased human body a plastic or metal identification tag. (b) When body cremated.- After cremation, a licensee shall ensure that a metal or plastic identification tag is placed in the cremains container. (c) Included information.- The identification tag shall contain: (1) The name of the decedent; (2) The Social Security number of the decedent; (3) The decedent's date of birth; and (4) The decedent's date of death.
(Subtitle effective January 1, 2009.) SUBTITLE 4A. FAMILY SECURITY TRUST FUND
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§ 7-4A-01. Definitions. (a) In general.- In this subtitle the following words have the meanings indicated. (b) Advisory Committee.- "Advisory Committee" means the Family Security Trust Fund Advisory Committee. (c) Fund.- "Fund" means the Family Security Trust Fund.
§ 7-4A-02. Authority. This subtitle does not limit the authority of the Board to: (1) Take any action against a licensee under the disciplinary provisions of §§ 7-316 through 7-320 of this title; or (2) Take any other disciplinary or other action authorized under this title.
§ 7-4A-03. Family Security Trust Fund. (a) Established.- There is a Family Security Trust Fund. (b) Administration.- The Board shall: (1) Administer the Fund; and (2) Over a reasonable period of time, build the Fund to a level of at least $1,000,000 and thereafter maintain the Fund at that level. (c) Status.- The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (d) Deposit and investment of money collected.(1) The Board shall deposit all money collected to the credit of the Fund with the State Treasurer for placement into a special account. (2) (i) The State Treasurer may invest or reinvest money in the Fund in the same manner as money in the State Retirement and Pension System. (ii) The investment earnings shall be:
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1. Credited to the Fund; and 2. Available for the same purposes as the money deposited into the Fund. (e) Liability for expenses or obligations.- The Fund is not liable for any other expenses or obligations of the Board. (f) Accounting and financial reports; audit.(1) Accounting and financial reports related to the Fund shall be publicly available in a timely manner. (2) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in ยง 2-1220 of the State Government Article. (g) Services of experts.(1) The Board may retain the services of appropriate experts or service providers to advise about, or administer, the Fund. (2) The costs of the services described in paragraph (1) of this subsection shall be paid out of the Fund. (h) Regulations.- The Board shall adopt regulations for the administration and claims procedures of the Fund.
ยง 7-4A-04. Family Security Trust Fund Advisory Committee. (a) Established.- There is a Family Security Trust Fund Advisory Committee. (b) Composition.- The Advisory Committee consists of the following five members: (1) Three members of the Board, including one consumer member, appointed by the Board; (2) One member designated by the Maryland State Funeral Directors Association; and (3) One member designated by the Funeral Directors and Morticians Association of Maryland, Inc. (c) Membership requirements.- The Advisory Committee members may be, but are not required to be, licensees of the Board.
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(d) Term.(1) Except for the initial terms of the Advisory Committee, the term of a member is 4 years. (2) A member continues to serve until a successor is appointed and qualifies. (3) The terms of the initial members shall be staggered evenly between 3 years and 4 years as the Advisory Committee shall determine at the Advisory Committee's first meeting. (4) A member may not serve for more than two 4-year terms. (e) Chair.- The Advisory Committee shall elect annually a chair, vice chair, and secretary from among its members. (f) Meetings.(1) The Advisory Committee shall meet at the call of the chair or the vice chair. (2) The Advisory Committee shall meet at least twice each year at the times and places that it determines. (g) Purpose.- The purpose of the Advisory Committee is to provide nonbinding counsel and advice to the Board on any Fund matters other than pending individual claim matters. (h) Duties.- The Board shall: (1) Work with the Advisory Committee in a cooperative manner; and (2) Provide to the Advisory Committee, in a timely manner: (i) All appropriate Fund information, other than information involving pending claim matters; and (ii) Summary information about the outcome of all closed claims, including actual amounts of individual and total claim payments. (i) Compensation and reimbursement.- A member of the Advisory Committee: (1) May not receive compensation as a member of the Advisory Committee; but
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(2) May receive reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
ยง 7-4A-05. Payments by funeral establishment. (a) Fee.- Before the Board issues an initial funeral establishment license, the funeral establishment shall pay, in addition to all other applicable fees, a fee of $375 to be credited to the Fund. (b) Payment into Fund.(1) Each funeral establishment shall pay $375 per year into the Fund, until the Fund has accumulated a balance of $1,000,000. (2) If, after the Fund has accumulated a balance of $1,000,000, the amount in the Fund falls below $1,000,000, the Board shall assess each funeral establishment an additional fee in an amount that will, over a reasonable period, return the Fund to a level of at least $1,000,000. (3) The Board may not issue a renewal funeral establishment license if the funeral establishment has not paid the fee required under this subsection. ยง 7-4A-06. Claim for loss. (a) In general.- Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section. (b) Basis.- A claim for the loss shall: (1) Be based on an act or omission that occurs in the provision of funeral pre-need services by: (i) A licensed mortician; (ii) A licensed funeral director; (iii) A licensed apprentice mortician; (iv) A licensed apprentice funeral director; or
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(v) An unlicensed employee of a licensed funeral establishment; (2) Involve a transaction that relates to pre-need funeral planning that occurred in the State; and (3) Be based on an act or omission: (i) In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or (ii) That constitutes fraud or misrepresentation. (c) Amount of recovery.- The amount recovered for any claim against the Fund: (1) May not exceed the actual monetary loss suffered; and (2) May not include noneconomic, consequential, or punitive damages. (d) Contract provision.- A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.
ยง 7-4A-07. Claim for loss - Form and content. (a) In general.- Each claim against the Fund shall be made in accordance with this section. (b) Form and content.- Each claim shall: (1) Be in writing; (2) Be made under oath; (3) State the amount of loss claimed; (4) State the facts on which the claim is based; and (5) Be accompanied by any documentation or other evidence that supports the claim.
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ยง 7-4A-08. Claim for loss - Procedure for handling. (a) Time period.- The Board shall act promptly on a claim made under this subtitle. (b) Initial procedure.- On receipt of a claim, the Board shall: (1) Forward a copy of the claim: (i) To each licensee alleged to be responsible for the act or omission giving rise to the claim; (ii) To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and (iii) To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and (2) Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim. (c) Review and investigation.(1) The Board: (i) Shall review the claim and any response to the claim; and (ii) May conduct an investigation of the claim. (2) On the basis of its review and any investigation that the Board conducts, the Board shall: (i) Set the matter for a hearing; or (ii) If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim. (d) Burden of proof.- At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.
ยง 7-4A-09. Claim for loss - Hearing. (a) Notice.- The Board shall give the following persons notice of the hearing and an opportunity to participate in the hearing:
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(1) The claimant; (2) Each licensee alleged to be responsible for the act or omission giving rise to the claim; (3) Each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and (4) Each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim. (b) Proof of notice in records.- The Board may not proceed with the hearing unless the records of the Board show that the Board provided each notice required under the provisions of this section and ยง 7-4A-08 of this subtitle.
ยง 7-4A-10. Claim for loss - Disciplinary action. (a) Joinder of disciplinary action.- If a claim against the Fund alleges that the act or omission giving rise to the claim was performed by a licensee, the Board may join the proceeding on the claim with any disciplinary proceeding against the licensee under this title arising from the same facts alleged in the claim. (b) Parties to hearing.(1) For that part of a hearing on consolidated proceedings that relates to disciplinary action but does not relate to the Fund claim against a licensee, the claimant: (i) May not be a party; and (ii) May participate only as a witness. (2) For that part of a hearing on consolidated proceedings that relates to the claim against the Fund, the claimant is a party.
ยง 7-4A-11. Claim for loss - Payment. (a) Grounds for payment.- The Board shall order full or partial payment of a claim by the Fund if, on the hearing, the claimant proves that the claimant has a valid claim under this subtitle.
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(b) Actual monetary loss.- The Board may order full or partial payment by the Fund only for the actual monetary loss suffered by the claimant as a result of the claim proven by the claimant. (c) When payment can be made.- A payment may not be made by the Fund under an order of the Board until: (1) The expiration of the time provided under Title 10, Subtitle 2 of the State Government Article for seeking judicial review of the Board's order; or (2) The expiration of any judicial stay of the order of the Board. (d) Order of payment.- The Board shall order payment of each claim due in the order in which the claim was awarded. (e) Insufficient funds.- If, at the time a payment is due, the money in the Fund is insufficient to satisfy fully the order for payment, the Board: (1) Immediately shall pay to the claimant the amount that is available in the Fund; and (2) When sufficient funds are available in the Fund, shall pay the claimant the balance due on the order. ยง 7-4A-12. Claim for loss - Liability of licensee. (a) Reimbursement.- After payment of a claim by the Fund, a licensee who the Board finds responsible for the act or omission that gave rise to the claim shall reimburse the Fund in full for: (1) The amount paid by the Fund; and (2) Interest on the amount paid by the Fund at an annual rate of 6%. (b) Joint and several.- Each licensee who the Board finds responsible for the act or omission that gave rise to a claim is jointly and severally liable for the claim. (c) Action for failure to reimburse.- If a licensee does not reimburse the Fund as provided in subsection (a) of this section, the Board or the State Central Collection Unit, as assignee of the Board, may bring an action against the licensee for the amount that has not been reimbursed.
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(d) Judgment.- The Board or the State Central Collection Unit, as assignee of the Board, shall be entitled to a judgment for the amount that the licensee has not reimbursed the Fund if the Board proves that: (1) Payment was made by the Fund based on an act or omission for which the Board found the licensee was responsible; (2) A period of at least 30 days has passed since payment was made by the Fund; and (3) The licensee has not reimbursed the Fund for the amount for which the judgment is sought. (e) Lien.(1) If a person liable for reimbursing the Fund under this section receives a demand for reimbursement and fails to reimburse the Fund, the reimbursement amount and any accrued interest or cost are a lien in favor of the State on any real property of the person if the lien is recorded and indexed as provided in this subsection. (2) (i) The lien in favor of the State created by this subsection may not attach to specific property until the State Central Collection Unit records written notice of the lien in the office of the clerk of the court for the county in which the property subject to the lien or any part of the property is located. (ii) The notice required under subparagraph (i) of this paragraph shall contain the name and address of the person against whose property the lien exists, the amount of the lien, a description of or reference to the property subject to the lien, and the date the Fund paid the claim giving rise to the lien. (3) The lien in favor of the State created by this subsection does not have priority as to any specific property over any person who is a lien holder of record at the time the notice required under paragraph (2) of this subsection is recorded. (4) On presentation of a release of any lien in favor of the State created by this subsection, the clerk of the court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released. (5) The notice required under paragraph (2) of this subsection and any release filed under paragraph (4) of this subsection shall be indexed with the judgment lien records maintained by the office of the clerk of the court where the notice is recorded.
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(6) The clerk may collect a reasonable fee for recording and indexing each notice of lien or release of any lien under this subsection. (f) Creditor.- For the purpose of excepting to a discharge of a licensee under 11 U.S.C. § 523, the Board or the State Central Collection Unit, as assignee of the Board, is a creditor of the licensee for the amount that was paid by the Fund but that has not been reimbursed by the licensee. § 7-4A-13. Claim for loss - Liability of licensee - Suspension of license. (a) Immediate suspension.- If the Board orders payment by the Fund of a claim based on an act or omission for which a licensee is responsible, the Board immediately and without further proceedings shall suspend the license of the licensee. (b) Conditions for reinstatement.- The Board may not reinstate a license that is suspended under this section until the person whose license was suspended: (1) Repays in full: (i) The amount paid by the Fund; and (ii) The interest due under § 7-4A-12(a)(2) of this subtitle; and (2) Applies to the Board for reinstatement of the license. (c) Reimbursement does not affect disciplinary action.- Regardless of whether the disciplinary sanction was imposed for the same act or omission that gave rise to the claim against the Fund, the reimbursement of the Fund by a licensee does not affect any sanction imposed by the Board against a person under the disciplinary provisions of §§ 7316 through 7-320 of this title.
SUBTITLE 5. PROHIBITED ACTS; PENALTIES § 7-501. Practicing without license. Except as otherwise provided in this title, a person may not practice, attempt to practice, offer to practice, or assist in the practice of mortuary science in this State unless licensed by the Board.
§ 7-502. Misrepresentation.
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Unless authorized to practice mortuary science under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice mortuary science in this State.
ยง 7-503. Use of name. (a) In general.- Except as provided in subsection (b) of this section, a licensee may not practice mortuary science under any name other than the name that appears on that person's license. (b) Sale.(1) The name appearing on the license may be a trade or copyrighted name which may be sold to another licensee as part of the goodwill of the funeral establishment. (2) If the sale of the trade name or copyrighted name is made part of a sale of a funeral establishment: (i) The buyer must: 1. Notify the Board of the sale of the trade or copyrighted name; and 2. Apply for a funeral license in the name of the new owner; and (ii) The funeral establishment license must indicate that the trade or copyrighted name will continue to be used by the new owner. (3) The sale of a funeral establishment does not preclude the buyer from advertising the funeral establishment as the successor to the funeral establishment acquired.
ยง 7-504. Pre-need contracts. Unless a person is a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license, the person may not offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract.
ยง 7-505. Cremation casket. A licensee or the agent of a licensee may not represent that a burial or funeral casket is required for cremation.
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ยง 7-506, 7-507. Reserved. ยง 7-508. Penalties. A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
SUBTITLE 6. SHORT TITLE; TERMINATION OF TITLE ยง 7-601. Short title. This title may be cited as the "Maryland Morticians and Funeral Directors Act". ยง 7-602. Termination of title. Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2018.
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