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<section article="gho" article_name="Health Occupations" number="7-202" title_number="7" title_name="Morticians and Funeral Directors" subtitle_number="2" subtitle_name="State Board of Morticians and Funeral Directors">
  <level label="a">
    <level label="1">
      <text>The Board consists of 11 members.</text>
    </level>
    <level label="2">
      <text>Of the 11 Board members:</text>
      <level label="i">
        <text>6 shall be licensed morticians or licensed funeral directors; and</text>
      </level>
      <level label="ii">
        <text>5 shall be consumer members.</text>
      </level>
    </level>
    <level label="3">
      <text>All Board members shall be residents of the State.</text>
    </level>
    <level label="4">
      <text>The Governor shall appoint each member with the advice of the Secretary, and with the advice and consent of the Senate.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Each mortician member shall:</text>
      <level label="i">
        <text>Be a licensed mortician whose license is in good standing with the Board; and</text>
      </level>
      <level label="ii">
        <text>Have practiced mortuary science actively for at least 5 years immediately before appointment.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a mortician license under this title.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Each funeral director member shall:</text>
      <level label="i">
        <text>Be a licensed funeral director whose license is in good standing with the Board; and</text>
      </level>
      <level label="ii">
        <text>Have practiced funeral direction actively for at least 5 years immediately before appointment.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>Each mortician and funeral director licensed by the Board; and</text>
      </level>
      <level label="ii">
        <text>Each professional association that represents morticians and funeral directors in the State and requests that the Board send it solicitations for nominations to fill vacancies.</text>
      </level>
    </level>
    <level label="2">
      <text>A notice sent under paragraph (1) of this subsection shall include:</text>
      <level label="i">
        <text>The type of member vacancy;</text>
      </level>
      <level label="ii">
        <text>The qualifications for the member vacancy; and</text>
      </level>
      <level label="iii">
        <text>A detailed explanation of the process for applying for the member vacancy.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>Each consumer member of the Board:</text>
    <level label="1">
      <text>Shall be a member of the general public;</text>
    </level>
    <level label="2">
      <text>May not be or ever have been a mortician, funeral director, or apprentice;</text>
    </level>
    <level label="3">
      <text>May not have a household member who is a mortician, funeral director, or apprentice;</text>
    </level>
    <level label="4">
      <text>May not participate or ever have participated in a commercial or professional field related to the practice of mortuary science;</text>
    </level>
    <level label="5">
      <text>May not have a household member who participates in a commercial or professional field related to the practice of mortuary science; and</text>
    </level>
    <level label="6">
      <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.</text>
    </level>
  </level>
  <level label="f">
    <text>While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.</text>
  </level>
  <level label="g">
    <text>Before taking office, each member of the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>The term of an appointed member is 4 years, except that the initial term of 1 of the consumer members is 3 years.</text>
    </level>
    <level label="2">
      <text>The terms of appointed members are staggered as required by the terms provided for members of the Board on July 1, 1981.</text>
    </level>
    <level label="3">
      <text>At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
    <level label="6">
      <text>A member may not serve more than 2 consecutive full terms.</text>
    </level>
  </level>
  <level label="i">
    <text>The Governor may remove an appointed member:</text>
    <level label="1">
      <text>For incompetence or misconduct;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>For repeated and unexplained absences; or</text>
    </level>
    <level label="4">
      <text>For any just and reasonable cause.</text>
    </level>
  </level>
</section>
