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<section article="gho" article_name="Health Occupations" number="7-310" title_number="7" title_name="Morticians and Funeral Directors" subtitle_number="3">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The licensee may be restricted to operations as determined by the Board.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>To apply for a funeral establishment license, an applicant shall:</text>
      <level label="i">
        <text>Submit an application to the Board on the form that the Board requires; and</text>
      </level>
      <level label="ii">
        <text>Pay to the Board:</text>
        <level label="1">
          <text>An application fee set by the Board; and</text>
        </level>
        <level label="2">
          <text>The fee established under § 7–4A–05(a) of this title.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>The Board shall issue a funeral establishment license to a funeral establishment that:</text>
    <level label="1">
      <text>Has complied with all applicable State and local laws; and</text>
    </level>
    <level label="2">
      <text>Will be:</text>
      <level label="i">
        <text>Owned and operated in accordance with this title by an individual who is or a group of individuals in which each individual is:</text>
        <level label="1">
          <text>A licensed mortician;</text>
        </level>
        <level label="2">
          <text>A licensed funeral director; or</text>
        </level>
        <level label="3">
          <text>A holder of a surviving spouse license;</text>
        </level>
      </level>
      <level label="ii">
        <text>Owned and operated in accordance with this title by a holder of a corporation license; or</text>
      </level>
      <level label="iii">
        <text>Operated in accordance with this title by a holder of an executor license.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>Signs and advertisements of a funeral establishment shall display the name that appears on the establishment license.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>Each licensed funeral establishment shall have a supervising mortician.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>A licensed mortician designated to be the supervising mortician for a funeral establishment shall complete the registration required by the Board.</text>
    </level>
    <level label="4">
      <text>A mortician whose license is not in good standing in the State or any other jurisdiction may not be a supervising mortician.</text>
    </level>
    <level label="5">
      <text>The supervising mortician for a funeral establishment shall be:</text>
      <level label="i">
        <text>Held responsible for all activities performed on behalf of the funeral establishment with the knowledge or at the direction of the supervising mortician; and</text>
      </level>
      <level label="ii">
        <text>Except as provided in paragraph (6) of this subsection, limited to supervising:</text>
        <level label="1">
          <text>One funeral establishment with an embalming facility; and</text>
        </level>
        <level label="2">
          <text>No more than three funeral establishments total that are within close enough proximity to each other to allow for oversight of each funeral establishment.</text>
        </level>
      </level>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
    <level label="7">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
</section>
