Except as provided in subsection (b) of this section or §§ 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. This section does not: 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 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. 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.

This section does not apply to the registration of crematory operators or issuance of permits for operating crematories under regulations adopted under § 7–205(c) of this subtitle. In addition to any other requirement for a license, permit, or registration issued under this title, an applicant for a license, permit, or registration shall: 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: A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. 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: Is confidential; May not be redisseminated; and May be used only for the licensing purpose authorized by this title. 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. Information obtained under this section: 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 age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the applicant poses a threat to the public health or safety. 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. 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: 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. For an individual applying for a license to practice funeral direction, the practical examination qualification under subsection (b)(6) of this section may not include demonstrating competency in embalming. The Board shall advise each applicant that a license issued under subsection (b) of this section does not guarantee that the applicant will be allowed to practice in any other state.

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: Holds an apprentice license; or Has completed the apprenticeship requirements of this title. The Board shall give examinations to applicants twice each year, at the times and places that the Board determines. The Board shall notify each qualified applicant of the time and place of examination. The written part of the examination shall include: The general and local laws of this State on the practice of mortuary science; and The laws and regulations on infectious diseases. In the practical part of the examination: The Board shall provide a dead human body; and 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. 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. If an applicant fails the examination twice, the applicant may retake the examination if the applicant pays the appropriate fee. 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.

Subject to the provisions of this subsection, the Board may waive the examination and apprenticeship requirements of § 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. The Board may grant a waiver under this subsection only if the applicant: 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. The Board may grant a waiver only if the state in which the applicant is licensed: 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.

An individual shall obtain an apprentice license from the Board before beginning an apprenticeship in this State. A mortician apprentice shall have an apprentice sponsor who: Is a licensed mortician whose license is in good standing with the Board; and Is employed by the same funeral establishment that employs the apprentice. A funeral director apprentice shall have an apprentice sponsor who: Is a licensed mortician or funeral director whose license is in good standing with the Board; and Is employed by the same funeral establishment that employs the apprentice. An apprentice may have more than one apprentice sponsor. An applicant for an apprentice license shall: Pay to the Board a fee set by the Board; and Submit a letter from the director of the mortuary science program in which the applicant is enrolled that: Includes the seal of the school; and Verifies that the applicant is actively enrolled in the program. 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: Includes the seal of the school; and Verifies that the licensed apprentice is actively enrolled in the program. Before an individual appears before the Board for approval of an apprentice license, the individual shall be enrolled in or have graduated from a mortuary science program at a school accredited by the American Board of Funeral Service or approved by the Board, with a 2.0 grade point average or higher that is verified with a certified copy of the college transcript, if the individual has a grade point average. A licensed apprentice who was enrolled in a mortuary science program at the time the license was granted shall remain enrolled in the program for the duration of the apprenticeship unless the licensed apprentice graduates. 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: The date of termination; The name, date of death, date of service, and evidence of the service for each decedent for whom a funeral service was conducted under subsection (e)(1)(i) of this section in which the apprentice participated; and The name, date of death, date of the preparation for disposition, and a copy of the decedent’s filed death certificate for each decedent for whom the apprentice assisted in accordance with subsection (e)(1)(ii) of this section. Prior approval must be granted by the Board before a change of sponsorship occurs. The practical experience of an apprentice shall include: Participation in at least 20 funerals; Except as provided in paragraph (2) of this subsection, assistance in the preparation and embalming of at least 20 dead human bodies for final disposition; and Completion of at least 1,000 working hours in a licensed funeral establishment under the direct supervision of the apprentice sponsor. 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. 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.

Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant: 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. 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. Except as provided in subsection (c) of this section, while a surviving spouse license is effective, it authorizes the licensee to: 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 Board may issue a license under this section only if: The business is operated under the direct supervision of a licensed mortician or funeral director; and The embalming is done by a licensed mortician.

A personal representative of a deceased mortician’s, funeral director’s, or surviving spouse’s estate shall be licensed by the Board before continuing operation of the mortuary science business. The Board shall issue an executor license to an applicant if the applicant: 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: Written verification of the death of the licensee; Written verification of appointment as a personal representative; and The application required by the Board; 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. 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. Except as provided in subsection (c) of this section, while an executor license is effective, it authorizes the licensee to: 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 Board may issue a license under this section only if: 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. Notwithstanding the provisions of § 7–314 of this subtitle, the Board shall provide for the term of an executor license. The term of an executor license may not be more than 12 months. An executor license may be renewed for one additional 3–month period if: A buyer of the funeral establishment has been identified and has entered into a sales contract, but the sale of the funeral establishment has not been completed; A pre–need account audit has not been completed and evidence is presented to the Board that failure to complete the audit is due to circumstances beyond the control of the funeral establishment; or The Board determines that a renewal is needed due to unforeseen circumstances. 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.

Subject to the provisions of this section, the Board shall issue a pre–need trustee license to an applicant if the applicant: 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. The holder of a pre–need trustee license issued under this section may be the supervising mortician in a funeral establishment.

This section applies to a funeral establishment owned by a funeral director, mortician, or surviving spouse who was the single owner and sole licensee of a funeral establishment. Within 7 days after the death of the single owner and sole licensee of a funeral establishment, the supervising mortician shall: 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. 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 that includes: 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: A copy of the filed death certificate for each cremated decedent; and The crematory certificate for each cremains. The Board shall work collaboratively with the State Anatomy Board to ensure proper disposition of the cremains. The pre–need trustee licensed under § 7–308.2 of this subtitle shall submit to the Board a digital image on removable media or on cloud–based storage that includes: All signed pre–need contracts; and Any associated paperwork dating from the signing of the pre–need contract.

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. The Board may renew only the license of a corporation that: 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. Each application for renewal made by a corporation shall state the name and address of each officer and director of the corporation. 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. A corporation may not operate a branch funeral establishment unless the branch funeral establishment was in operation on or before October 1, 1964. If a corporation is sold, declares bankruptcy, or ceases to operate, written notice must be submitted to: 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: Submit an application to the Board on the form that the Board requires; and Pay to the Board: An application fee set by the Board; and The fee established under § 7–4A–05(a) of this title. 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. The Board shall issue a funeral establishment license to a funeral establishment that: Has complied with all applicable State and local laws; and Will be: Owned and operated in accordance with this title by an individual who is or a group of individuals in which each individual is: A licensed mortician; A licensed funeral director; or A holder of a surviving spouse license; Owned and operated in accordance with this title by a holder of a corporation license; or Operated in accordance with this title by a holder of an executor license. Signs and advertisements of a funeral establishment shall display the name that appears on the establishment license. 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: Held responsible for all activities performed on behalf of the funeral establishment with the knowledge or at the direction of the supervising mortician; and Except as provided in paragraph (6) of this subsection, limited to supervising: One funeral establishment with an embalming facility; and No more than three funeral establishments total that are within close enough proximity to each other to allow for oversight of each funeral establishment. 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. A funeral establishment that uses a central preparation room at another funeral establishment is not required to have its own preparation room or holding room.

The Board may issue a courtesy card to a practitioner of mortuary science who: 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. The courtesy card: 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. A card issued by the Board under this title is not transferable.

Any person who obtains a burial-transit permit under § 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.

The Board shall issue the appropriate license to an applicant who meets the requirements of this title. The Board shall include on each license and renewal certificate that the Board issues: 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. A license issued by the Board under this title is not transferable.

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. At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states: 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. Except as otherwise provided in this section, before a license expires, the licensee periodically may renew it for additional terms, if the licensee: 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: Submits to the Board a renewal application on the form that the Board requires; Continues to participate in a training program; and Pays to the Board a renewal fee set by the Board. An apprentice license may be renewed only two times. Before a courtesy card expires, the licensee may renew it for additional terms if the licensee: 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. 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.

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: 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. 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.

Subject to the hearing provisions of § 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: 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: The name that appears on the license of that person; or The name of a partnership in accordance with § 7–401 of this title; 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: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; 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. Subject to the hearing provisions of § 7–319 of this subtitle, the Board may deny a license to an applicant for a funeral establishment license, reprimand the holder of a funeral establishment license, place the holder of a funeral establishment license on probation, or suspend or revoke a funeral establishment license if, with the knowledge or at the direction of the funeral establishment: 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.

An action may be maintained in the name of the State or the Board to enjoin: The unauthorized practice of mortuary science; or Conduct that constitutes a ground for disciplinary action under § 7-315 of this subtitle. An action under this section may be brought by: The Board; The Attorney General; or A State’s Attorney. An action under this section shall be brought in the county where the defendant: Resides; or Engages in the practice of mortuary science. 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. 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.

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: Instead of suspending or revoking the license; or In addition to placing the licensee on probation or suspending or revoking the license. The Board shall pay any penalty collected under this section into the General Fund of the State.

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: Surrender the license; or Allow the license to lapse by operation of the law. 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.

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. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The person may be represented at the hearing by counsel. 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. 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. 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. If after a hearing an individual is found in violation of § 7-316 of this subtitle, the individual shall pay the hearing costs. If the Board orders the suspension of a license in accordance with § 10–226(c)(2) of the State Government Article, the Board shall notify the licensee of the suspension within 48 hours after the Board makes the determination to order the suspension.

Except as provided in this section for an action against any health care professional under § 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 petition for judicial review as allowed by the Administrative Procedure Act. Any health care professional aggrieved by a final decision of the Board under § 7–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

The Board shall place a licensee on inactive status if the licensee submits to the Board: An application for inactive status on the form required by the Board; and Pays the inactive status fee set by the Board. A licensee on inactive status may reactivate the license at any time if the licensee: 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. 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.