Health Occupations (GHO) — Title 7. Morticians and Funeral Directors

Is a licensed mortician or funeral director whose license is in good standing with the Board;

Has practiced 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

Provides direct supervision to an apprentice.

“Business of operating a crematory” means controlling or managing a crematory.

“Business of operating a crematory” does not include:

“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.

“Corporation” does not include, for purposes of issuing a corporation license, a “professional association” (P.A.) or a “professional corporation” (P.C.).

“Engage in the operation of a crematory” means controlling or managing a crematory.

“Engage in the operation of a crematory” includes:

“Engage in the operation of a crematory” does not include:

“Engage in the operation of a reduction facility” means controlling or managing a reduction facility.

“Engage in the operation of a reduction facility” includes:

“Engage in the operation of a reduction facility” does not include:

“Human remains” means:

“Human remains” includes the body or part of a body or limb in any state of decomposition.

“Human remains” does not include soil remains produced after the completion of natural organic reduction.

“License” means, unless the context requires otherwise, a license issued by the Board.

“License” includes, unless otherwise indicated:

“Practice funeral direction” means:

“Practice funeral direction” does not include:

“Practice mortuary science” means:

“Practice mortuary science” includes:

“Practice mortuary science” does not include:

A service, including any form of preservation and disposition or cremation, that a mortician normally provides in the ordinary course of business; or

Merchandise, including a casket, vault, or clothing, that a mortician normally provides in the ordinary course of business.

“Pre–need goods” means burial goods that are sold before the buyer’s death.

“Pre–need goods” does not include burial space.

The business of operating a cemetery, including the sale of cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults; or

The ownership of a crematory or the business of operating a crematory or incinerator at a licensed medical facility or educational institution.

The Board consists of 11 members.

Of the 11 Board members:

All Board members shall be residents of the State.

The Governor shall appoint each member with the advice of the Secretary, and with the advice and consent of the Senate.

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, that owns, directly or through a subsidiary corporation, professional association, or other entity, one or more funeral homes.

Each mortician member shall:

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.

To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a mortician license under this title.

Each funeral director member shall:

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.

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.

For each licensed mortician or licensed funeral director vacancy, the Board shall send by electronic mail or regular mail a notice of the vacancy to:

A notice sent under paragraph (1) of this subsection shall include:

Shall be a member of the general public;

May not be or ever have been a mortician, funeral director, or apprentice;

May not have a household member who is a mortician, funeral director, or apprentice;

May not participate or ever have participated in a commercial or professional field related to the practice of mortuary science;

May not have a household member who participates in a commercial or professional field related to the practice of mortuary science; and

May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

The term of an appointed member is 4 years, except that the initial term of 1 of the consumer members is 3 years.

The terms of appointed members are staggered as required by the terms provided for members of the Board on July 1, 1981.

At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

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.

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.

A member may not serve more than 2 consecutive full terms.

For incompetence or misconduct;

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 (a)(5) of this section;

For repeated and unexplained absences; or

For any just and reasonable cause.

The manner of election of officers;

The term of office of each officer; and

The duties of each officer.

The Board shall meet at least once a year, at the times and places that it sets in its bylaws and rules and regulations.

The Board shall hold special meetings that:

Compensation in accordance with the budget of the Board for each meeting that the member attends; and

Reimbursement for expenses at a rate determined by the Board.

The Board may appoint a Board secretary, who may be a member of the Board.

The Board may employ inspectors and other staff in accordance with the budget of the Board.

To adopt bylaws, rules, and regulations to carry out the provisions of this title;

To adopt a seal;

To establish procedures for licensing apprentices;

To keep a list of all individuals currently licensed by the Board;

To investigate any alleged violation of this title;

To enforce this title;

To adopt rules and regulations regarding false and misleading advertising and misrepresentation;

To inspect licensed funeral establishments;

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 and Prevention’s guidelines on universal precautions;

To establish standards for the practice of mortuary science; and

To establish standards for sanitation and waste disposal in connection with the practice of mortuary science.

Receives pre-need funds;

Places pre-need funds in a trust; or

Enters into a pre-need contract.

Establish a process for regulating crematories and reduction facilities that provides for:

Adopt regulations that:

Adopt a code of ethics for engaging in the operation of a crematory or reduction facility.

The Board may set reasonable fees for its services.

The fees charged shall be set so as to approximate the cost of maintaining the Board.

Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

The Board may not assess a crematory a per–occurrence cremation fee.

The Board shall pay all funds collected under this title to the Comptroller of the State.

The Comptroller shall distribute the fees to the State Board of Morticians and Funeral Directors Fund.

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.

The Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.

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.

No other State money may be used to support the Fund.

A designee of the Board shall administer the Fund.

Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

When investigating an allegation brought against an applicant or licensee under this title, the Board finds reasonable evidence indicating that the applicant or licensee cannot practice mortuary science or funeral direction competently;

The Board:

The applicant or licensee:

The Board shall pay the reasonable cost of an examination made under this section for a licensee of the Board.

Limit the right of a school of medicine or dentistry to use and dispose of a dead human body or its parts;

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;

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;

Apply to an individual who makes funeral arrangements in the course of the duties of that individual as an attorney; or

Submit to a criminal history records check in accordance with subsection (c) of this section; or

Submit to the Board a criminal history records check conducted by an accredited agency approved by the Board.

In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the applicant the criminal history record information of the applicant.

Information obtained from the Central Repository under this subsection:

If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as allowed by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.

The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.

Shall be confidential;

May not be redisseminated; and

Shall be used only for the licensing, permitting, or registering purposes authorized by this title.

On receipt of the criminal history record information of an applicant required under this section, in determining whether to grant a license, permit, or registration under this title, the Board shall consider:

The Board may not issue a license, permit, or registration under this title if the criminal history record information required under this section has not been received.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice mortuary science in this State.

A mortician license issued under this title authorizes the licensee to practice mortuary science while the license is effective.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice funeral direction in this State.

A funeral director license issued under this title authorizes the licensee to practice funeral direction while the license is effective.

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.

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.

Is judged to be of good moral character;

Has completed not less than 1 year and not more than 4 years of licensed apprenticeship, unless the Board allowed extensions for additional 1–year terms;

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;

For an individual applying for a license to practice as a mortician, passed the national board examination administered by the Conference of Funeral Service Examining Boards of the United States;

For an individual applying for a license to practice as a funeral director, passed the arts and sciences State board examinations, administered by the Conference of Funeral Service Examining Boards of the United States;

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

Has submitted an application to the Board on the required form and has paid a fee set by the Board.

Holds an apprentice license; or

Has completed the apprenticeship requirements of this title.

The written part of the examination shall include:

In the practical part of the examination:

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.

An applicant shall pay to the Board an examination fee set by the Board.

The payment of one examination fee entitles an applicant to take the examination twice.

Pays the license fee required by the Board under § 7–303 of this subtitle;

Was a licensed mortician or funeral director in good standing in the other state;

Serves an apprenticeship consisting of 1,000 hours; and

Passes the Maryland State written examination administered by the Board.

Grants a similar waiver to licensees of this State; and

Has standards for a mortician or funeral director license that are not lower than those of this State.

A mortician apprentice shall have an apprentice sponsor who:

A funeral director apprentice shall have an apprentice sponsor who:

An apprentice may have more than one apprentice sponsor.

An applicant for an apprentice license shall:

When applying for license renewal, a licensed apprentice shall submit to the Board a letter from the director of the mortuary science program in which the licensed apprentice is enrolled that:

The applicant and a licensed mortician or licensed funeral director shall appear before the Board to seek the Board’s approval for an apprentice license for the applicant.

On termination of the sponsor–apprentice relationship, both the sponsor and the apprentice shall independently notify the Board in writing of:

Prior approval must be granted by the Board before a change of sponsorship occurs.

The practical experience of an apprentice shall include:

For an apprentice funeral director, the practical experience under paragraph (1)(ii) of this subsection may not include embalming.

For purposes of paragraph (1)(iii) of this subsection, direct supervision may include instruction by a licensed mortician or funeral director employed or supervised by the apprentice sponsor that is observed in person by the apprentice sponsor.

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;

Is not a licensed mortician or licensed funeral director;

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

Pays a fee set by the Board.

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 § 7-304(b), (c), (d)(1), (e), and (f) of this subtitle.

The license becomes null and void if the surviving spouse fails the Maryland State law examination twice.

An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection.

Continue the operation of the mortuary science business that had been operated and wholly or partly owned by the spouse of the licensee; and

Assist with the planning and conducting of funeral services for that mortuary science business.

The business is operated under the direct supervision of a licensed mortician or funeral director; and

The embalming is done by a licensed mortician.

Is the appointed personal representative of a deceased mortician’s, funeral director’s, or surviving spouse’s estate in accordance with the requirements established in Title 5 of the Estates and Trusts Article;

Submits to the Board, within 30 days of the death of the licensed mortician, funeral director, or surviving spouse:

Within 14 days after the death of the licensed mortician, funeral director, or surviving spouse, submits to the Board the name of a licensed funeral director or mortician who has agreed to apply for a pre–need trustee license issued under § 7–308.2 of this subtitle; and

Pays a fee set by the Board.

Continue operation of the mortuary science business that had been operated and wholly or partly owned by the deceased mortician or funeral director; and

Assist with the planning and conducting of funeral services for that mortuary science business.

The business is operated under the direct supervision of a licensed mortician or funeral director; and

The embalming services are provided by a licensed mortician.

An executor license may be renewed for one additional 3–month period if:

Applies to the Board on an application provided by the Board;

Has been actively licensed in good standing by the Board for a minimum of 5 years while working in a facility that has accepted pre–need contracts and who can provide proof to the Board that these services have been provided by the applicant;

Has been appointed as a pre–need trustee by the holder of an executor license issued under § 7–308.1 of this subtitle;

Is of good moral character; and

Pays the required fee.

While a pre–need trustee license is effective, the license authorizes the license holder to manage pre–need accounts held by a funeral establishment until the closing or sale of the funeral establishment.

Notwithstanding the provisions of § 7–314 of this subtitle, a pre–need trustee license is valid from the date of issuance until the date of expiration of the license of the executor who appointed the license holder as a pre–need trustee under subsection (a)(3) of this section.

Place an obituary for the deceased single owner and sole licensee in the death notices section of a newspaper with general circulation in the area of the funeral establishment; and

Place a notice to the public of the death of the single owner and sole licensee on any Web site maintained by the funeral establishment.

Within 90 days after the death of a single owner of a funeral establishment, the pre–need trustee licensed under § 7–308.2 of this subtitle shall send a letter to all pre–need contract holders who have funds in trust with or an insurance product assigned to the funeral establishment stating the options available under § 7–405 of this title.

The letter required by paragraph (1) of this subsection shall be returned within 5 days after receipt and shall include the full signature of the pre–need contract holder next to the option chosen from those available under § 7–405 of this title.

Within 90 days after the death of a single owner and sole licensee of a funeral establishment, the pre–need trustee licensed under § 7–308.2 of this subtitle shall identify to the Board and the executor licensed under § 7–308.1 of this subtitle all pre–need bank trust money that has been deposited under the federal identification number of the funeral establishment or the Social Security number of the deceased single owner and sole licensee, instead of the Social Security number of the beneficiary or buyer of the pre–need contract.

The pre–need trustee licensed under § 7–308.2 of this subtitle shall make a claim against the estate of the deceased single owner and sole licensee of the establishment which the licensee previously owned for the money identified under paragraph (1) of this subsection.

The executor licensed under § 7–308.1 of this subtitle shall transfer all money identified in paragraph (1) of this subsection to the abandoned property office in the Office of the Comptroller in the proper name of the beneficiary or buyer of the pre–need contract.

The names of all funded pre–need contract holders;

The amount of the funds entrusted to the funeral establishment through a bank account or insurance product; and

The location where the funds currently are maintained.

Within 90 days after the death of the single owner of a funeral establishment, the pre–need trustee licensed under § 7–308.2 of this subtitle shall send to the Board a list of all unclaimed cremains, including:

The Board shall work collaboratively with the State Anatomy Board to ensure proper disposition of the cremains.

All signed pre–need contracts; and

Any associated paperwork dating from the signing of the pre–need contract.

On June 1, 1945, held a license issued by this State;

Has been renewed continuously since that date;

Submits an application on a form required by the Board; and

Pays a fee set by the Board.

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

The holders of pre-need contracts advising them of their options under Maryland law.

A funeral establishment shall be licensed by the Board before the establishment may be used for the preparation of the remains, viewing, or conducting of services.

The licensee may be restricted to operations as determined by the Board.

To apply for a funeral establishment license, an applicant shall:

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.

Has complied with all applicable State and local laws; and

Will be:

Each licensed funeral establishment shall have a supervising mortician.

A licensed funeral establishment shall designate a licensed mortician whose license is in good standing with the Board to be the supervising mortician for the funeral establishment.

A licensed mortician designated to be the supervising mortician for a funeral establishment shall complete the registration required by the Board.

A mortician whose license is not in good standing in the State or any other jurisdiction may not be a supervising mortician.

The supervising mortician for a funeral establishment shall be:

The limits on the number of funeral establishments a supervising mortician may supervise as provided for in paragraph (5)(ii) of this subsection do not apply if a funeral establishment prepares for the disposition of less than 75 bodies in a calendar year.

If a supervising mortician for a funeral establishment relinquishes the supervising mortician’s responsibility under paragraph (5)(i) of this subsection for any reason, the funeral establishment shall name an interim supervising mortician who shall be held responsible for all activities performed on behalf of the funeral establishment, with the knowledge or at the direction of the interim supervising mortician, until a new supervising mortician for the funeral establishment registers with the Board.

Is licensed to practice mortuary science in another state;

Maintains a license in good standing with that state;

Files an application with the Board; and

Pays to the Board a license fee set by the Board.

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

Does not allow the holder of the courtesy card to operate a funeral establishment, make funeral arrangements, or conduct funerals in this State.

The signature of the secretary of the Board;

The seal of the Board;

A designation of the kind of license; and

If it is a corporation license, the name and address of each director and each officer.

The date on which the current license expires;

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

The amount of the renewal fee.

Has met the qualifications for licensure and is not under a suspension or revocation order of the Board;

Except as otherwise provided under this title, pays to the Board a renewal fee set by the Board;

Submits to the Board a renewal application on the form that it requires;

Submits to the Board satisfactory evidence of compliance with any continuing education requirements the Board may adopt by regulation; and

For a funeral establishment license, provides proof of any payment to the Board required in accordance with § 7–4A–05(b) of this title.

The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

The secretary of the Board may issue a renewal certificate during the interim between meetings of the Board.

Before an apprentice license expires, the licensee may renew it for an additional 1–year term only if the licensee:

An apprentice license may be renewed only two times.

Submits to the Board a renewal application on the form that the Board requires;

Submits documentation to the Board that the out–of–state license is in good standing; and

Pays to the Board a renewal fee set by the Board.

Requests that the Board reinstate the license;

Meets the appropriate renewal requirements of this subtitle;

Pays to the Board a reinstatement fee set by the Board;

Submits to the Board an affidavit stating that the individual did not practice mortuary science in this State while the license was expired; and

Applies to the Board for reinstatement of the license within 5 years after the license expires.

Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

Fraudulently or deceptively uses a license;

Commits fraud or misrepresentation in the practice of mortuary science;

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;

Aids or abets an unauthorized person in the practice of mortuary science;

Advertises falsely or in a misleading manner;

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;

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;

Directly or indirectly pays or offers to pay to obtain mortuary science business;

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;

Refuses to surrender custody of a dead human body on the demand of a person who is entitled to its custody;

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;

Fails, after proper demand, to refund promptly any payments received under a pre–need contract with interest;

At the time funeral arrangements are made, fails to give the contract required by § 7–404 of this title;

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;

Practices mortuary science under a name other than:

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;

Violates any provision of this title or of the laws relating to cremation;

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;

Willfully makes or files a false report or record in the practice of mortuary science;

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;

Submits a false statement to collect a fee;

Provides professional services while:

Violates any rule or regulation adopted by the Board;

Is professionally, physically, or mentally incompetent;

Commits an act of unprofessional conduct in the practice of mortuary science;

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/AIDS positive;

Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;

Fails to allow an inspection under § 7–205(a)(8) of this title;

Fails to comply with inspection requirements in the time specified by the Board;

Fails to provide the Board the certification required under § 7–405(i) of this title; or

Fails to comply with § 5–513 of the Health – General Article.

An unlicensed individual practices mortuary science or funeral direction for or within the funeral establishment;

An employee of the funeral establishment fails to comply with § 5–513(b) or (d) of the Health – General Article; or

An employee of the funeral establishment fails to comply with § 7–405 of this title.

The unauthorized practice of mortuary science; or

Conduct that constitutes a ground for disciplinary action under § 7-315 of this subtitle.

The Board;

The Attorney General; or

A State’s Attorney.

Resides; or

Engages in the practice of mortuary science.

Instead of suspending or revoking the license; or

In addition to placing the licensee on probation or suspending or revoking the license.

Surrender the license; or

Allow the license to lapse by operation of the law.

An application for inactive status on the form required by the Board; and

Pays the inactive status fee set by the Board.

Complies with the continuing education requirements in effect for the year in which the licensee seeks to reactivate the license;

Has not practiced mortuary science in the State while on an inactive status; and

Pays the reactivation fee set by the Board.

Be at least 18 years old;

Be of good moral character;

Achieve:

Be affiliated with a crematory or reduction facility operated by a registrant or permit holder; and

Successfully complete any other training related to the operation of a crematory or reduction facility required by the Board in regulation.

Submitting to the Board an application on the form that the Board provides; and

Paying a nonrefundable application fee and any other applicable fee set by the Board.

The Board shall issue a registration to an applicant who meets the requirements of this section.

A registration issued by the Board under this subsection may not be transferred from one individual to another.

At least 90 days before a registration expires, the Board shall mail or electronically transmit to the registrant:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the registrant, at the last known address of the registrant, the materials required under paragraph (1) of this subsection within 10 business days after the date the Board received the notice that the electronic transmission was undeliverable.

Is otherwise entitled to be registered;

Meets the qualifications set forth for an original registration;

Pays the renewal fee set by the Board;

Submits to the Board a renewal application on the form that the Board provides; and

Any other documentation that the Board requires.

Operate a crematory or reduction facility; or

Act as a registered crematory or reduction facility operator.

Fraudulently or deceptively obtains or attempts to obtain a registration;

Fraudulently or deceptively uses a registration;

Under the laws of the United States or of any state, is convicted of:

Fails to provide or misrepresents any information required to be provided under this title;

Violates this title;

Violates the code of ethics adopted by the Board;

Violates a regulation adopted under this title;

Fails to provide reasonable and adequate supervision of the operation of the crematory or reduction facility;

Refuses to allow an inspection required by this title;

Fails to comply with an order of the Board;

Is found guilty by a court in the State of violating an unfair, abusive, or deceptive trade practices provision under Title 13 of the Commercial Law Article; or

Fails to comply with § 5–513 of the Health – General Article.

Not to exceed $10,000 for each violation of this title or an order of the Board under this title; and

Not to exceed $1,000 for each day a violation continues past the time set for its correction.

The seriousness of the violation;

The harm caused by the violation;

The good faith efforts of the person; and

Any history of previous violations by the person.

The nature of the crime;

The relationship of the crime to the activities authorized by this title;

The length of time since the conviction; and

The behavior and activities of the applicant or registrant, or any agent, employee, officer, board, or partner of an applicant or a registrant, before and after the conviction.

Be in writing; and

State specifically the facts on which the complaint is based.

The Board shall adopt guidelines that establish a schedule for the prompt and timely processing and resolution of each complaint made to the Board regarding a violation of this subtitle.

On or before December 31 each year, beginning in 2028, the Board shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes a final action under this subtitle, the Board shall provide the person against whom the action is contemplated notice of the Board’s proposed action and the opportunity to request a hearing before the Board.

A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed.

The Board may issue subpoenas in connection with a proceeding under this section.

If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.

A corporation as an officer, a board, an employee, or an agent of the corporation;

A limited liability company as a member, an employee, or an agent of the limited liability company; or

A partnership as a partner, an employee, or an agent of the partnership.

A registered crematory operator who engages in the operation of a crematory through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a crematory.

A registered reduction operator who engages in the operation of a reduction facility through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a reduction facility.

A corporation, limited liability company, or partnership that engages in the operation of a crematory or reduction facility under this title is not, by its compliance with this title, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, board, member, partner, employee, or agent.

An individual who engages in the operation of a crematory or reduction facility through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.

Designate a separate registered crematory operator or registered reduction operator as the responsible party for the operations of each affiliated crematory or reduction facility;

Provide the name and business address of each affiliated crematory or reduction facility;

Provide a list of the officers, boards, members, partners, agents, and employees of the entity applying for the permit; and

Provide a certificate of status issued by the State Department of Assessments and Taxation that:

An application on the form that the Board provides; and

An application fee as set by the Board.

At least 90 days before a permit expires, the Board shall mail or electronically transmit to the permit holder:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the permit holder, at the last known address of the permit holder, the materials required under paragraph (1) of this subsection within 10 business days after the date the Board received the notice that the electronic transmission was undeliverable.

Is otherwise entitled to receive a permit;

Meets the qualifications set forth for an original permit;

Pays the renewal fee set by the Board; and

Submits to the Board:

Fraudulently or deceptively obtains or attempts to obtain a permit;

Fraudulently or deceptively uses a permit;

Under the laws of the United States or of any state, is convicted of:

Fails to provide or misrepresents any information required to be provided under this title;

Violates this title;

Violates the code of ethics adopted by the Board;

Violates a regulation adopted under this title;

Fails to provide reasonable and adequate supervision of the operation of the crematory or reduction facility;

Refuses to allow an inspection required by this title;

Fails to comply with an order of the Board;

Is found guilty by a court in this State of violating an unfair, abusive, or deceptive trade practices provision under Title 13 of the Commercial Law Article; or

Fails to comply with § 5–513 of the Health – General Article.

If a person is charged with a violation of this title that could result in suspension or revocation of a permit, the Board may seek an immediate restraining order in a circuit court in this State to prohibit the person from engaging in the operation of any crematory or reduction facility.

The restraining order is in effect until:

Not to exceed $10,000 for each violation of this title or an order of the Board under this title; and

Not to exceed $1,000 for each day a violation continues past the time set for its correction.

The seriousness of the violation;

The harm caused by the violation;

The good faith efforts of the person; and

Any history of previous violations by the person.

The nature of the crime;

The relationship of the crime to the activities authorized by this title;

The length of time since the conviction; and

The behavior and activities of the applicant or permit holder, or any agent, employee, officer, or partner of an applicant or a permit holder, before and after the conviction.

Be in writing; and

State specifically the facts on which the complaint is based.

The Board shall adopt guidelines that establish a schedule for the prompt and timely processing and resolution of each complaint made to the Board regarding a violation of this subtitle.

On or before December 31 each year, beginning in 2028, the Board shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes a final action under this subtitle, the Board shall provide the person against whom the action is contemplated notice of the Board’s proposed action and the opportunity to request a hearing before the Board.

A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed.

The Board may issue subpoenas in connection with a proceeding under this section.

If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.

Notify the Board that they will be practicing as a partnership; and

Submit to the Board the name and address of each partner.

Notify the Board; and

Submit to the Board the name and address of each member of the professional association.

Teach mortuary science; and

Gather and give out information on:

The conduct of the school;

Payment of tuition fees;

Admission of students; and

Issuance of diplomas.

Tuition fees;

License examination fees;

License fees; and

Renewal fees.

At the time a licensee makes funeral arrangements, the licensee shall give to the individual who requested the funeral arrangements a contract that includes:

The contract shall be in duplicate and contain the signatures of the licensee, other than an apprentice, and the payor of the requested service.

A copy of the signed contract shall be given to the payor at the time the arrangements are finalized.

In this section the following words have the meanings indicated.

“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.

“Buyer” means a person that purchases a pre–need contract.

“Guaranteed contract” means a written pre–need contract that:

“Guaranteed in part contract” means a written pre–need contract that:

“Nonguaranteed contract” means a written pre–need contract:

“Seller” means a person who agrees to provide services or merchandise, directly or indirectly, under a pre–need contract.

“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.

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.

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.

Any funeral establishment on whose behalf pre–need contracts are executed under this subsection must comply with the requirements of this section.

A pre–need contract shall contain:

If disclosure is made in accordance with paragraph (1)(iii)3 and 4 of this subsection, a pre–need contract may:

A pre–need contract shall be executed in duplicate and be signed by each party.

The seller shall give one of the duplicate originals of the pre–need contract to the buyer.

Within 10 days after receiving a payment under a pre–need contract, the seller shall deposit into an interest bearing, escrow or trust account:

The interest bearing, escrow or trust account shall be with: