Two or more licensed morticians or funeral directors may practice mortuary science as a partnership. A partnership shall be conducted under the names of all the partners. Before practicing as a partnership, the licensees shall: Notify the Board that they will be practicing as a partnership; and Submit to the Board the name and address of each partner.

One or more licensed morticians or funeral directors may practice mortuary science as a professional association. A professional association shall be conducted under the name authorized by the Department of Assessments and Taxation. Before practicing as a professional association, the licensee shall: Notify the Board; and Submit to the Board the name and address of each member of the professional association.

The Board may establish a school to: Teach mortuary science; and Gather and give out information on: Sanitation; Preservation of dead human bodies; and Disinfection of dead human bodies, living areas, clothing, and bedding when death results from infectious disease. The Board may adopt rules and regulations for: The conduct of the school; Payment of tuition fees; Admission of students; and Issuance of diplomas. The cost of operating the school shall be derived from: 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: An itemized list of all services and merchandise that will be provided and the total price; To the extent possible, a specification of any item for which the licensee will advance money to accommodate the buyer; and The terms and method of payment. 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 addition to the contract required under subsection (a) of this section, the licensee shall give to the individual who requested a funeral a similar written statement that reflects any change in the arrangements agreed to between the parties.

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: Is signed by the consumer and a licensee of a licensed funeral establishment; and Guarantees in whole the price of goods and services and cash advance items specified in the contract. “Guaranteed in part contract” means a written pre–need contract that: Is signed by the consumer and a licensee of a licensed funeral establishment; and Guarantees in part the price of goods and services and cash advance items specified in the contract. “Nonguaranteed contract” means a written pre–need contract: That is signed by the consumer and a licensee of a licensed funeral establishment; That does not guarantee the price of any specific goods and services or cash advance items; and For which any funds or benefits paid under the contract are only a deposit or partial payment to be applied toward the final cost, determined at the time of death, of the goods, services, or cash advance items. “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: The name of each party to the contract and, if the beneficiary is an individual other than the buyer, the name of the beneficiary of the contract; A description of any service or merchandise to be provided under the pre–need contract; A disclosure statement that clearly: States that all funeral costs may not be covered under the pre–need contract; States that “not all charges that may be required to be paid at the time of need are listed in this contract”; Informs a buyer of whether the contract is a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract; and If the contract is a guaranteed in part contract: Lists the funeral goods and services or cash advance items included in the guarantee; and Identifies in at least 14 point bold face type above each section of the contract whether the section is fully guaranteed or not guaranteed; A line totaling: The guaranteed amount paid; and The amount for nonguaranteed items that are considered to be only a down payment toward future total cost; and The method of payment. If disclosure is made in accordance with paragraph (1)(iii)3 and 4 of this subsection, a pre–need contract may: Be a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract; and Include cash advance items or goods and services that are not guaranteed. 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: For services, 100% of the payment under the pre–need contract; and For goods: An amount from the payment that is equal to 80% of the selling price of a casket or casket vault under the pre–need contract; and 100% of the payment that is for all other goods under the pre–need contract. The interest bearing, escrow or trust account shall be with: A banking institution that is insured by an agency of the federal government; or A savings and loan association that is insured by an agency of the federal government. A pre–need escrow or trust account may not be deemed an asset of: The individual licensee; or The licensed funeral establishment. A pre–need escrow or trust account with a banking institution or savings and loan association described in paragraph (2) of this subsection shall be: Established using the name, address, and Social Security number of the buyer; and Held in trust for the licensed funeral establishment. A buyer for whom a monetary pre–need escrow or trust account is established under subparagraph (ii) of this paragraph shall receive a statement regarding the escrow or trust account at least annually. The requirement under subsubparagraph 1 of this subparagraph may be satisfied by a statement that is: Issued by the banking institution or savings and loan association at which the escrow or trust account is established; and Sent to the buyer. Any interest or dividends earned by the escrow or trust account prior to service being rendered belong to the buyers of the pre–need contracts. Upon performance of the contract, any interest or dividends earned by the escrow or trust account belong to the seller. Except as may be provided in an irrevocable trust established under paragraph (4) of this subsection and in subparagraph (ii) of this paragraph, the banking institution or savings and loan association with which funds are deposited under this section is not responsible for the application of pre–need contract escrow or trust funds. Except as otherwise provided in this section, the banking institution or savings and loan association with which funds are deposited under this section may not release the funds to the seller unless the seller provides to the banking institution or savings and loan association: A copy of the death certificate of the beneficiary; or A notarized statement and withdrawal request from the buyer or the buyer’s legal representative. Except as otherwise provided in this subsection, a seller may not withdraw from the account any money received from a buyer unless the services and merchandise have been provided as agreed in the contract. Except as otherwise provided in this subsection, a seller may not withdraw from the account any money received from a buyer unless the seller provides to the banking institution or savings and loan association with which funds are deposited a copy of the beneficiary’s death certificate. A violation of subsubparagraph 1 of this subparagraph is an unfair or deceptive trade practice under Title 13 of the Commercial Law Article. A pre–need contract is ended and a seller shall refund to a buyer all payments and interest held for the buyer if: The buyer or the legal representative of the buyer demands in writing a refund of all payments made; The business of the seller is discontinued or sold; The seller is unable to perform under the terms and conditions of the pre–need contract; or The buyer fails to pay the entire contract price before the death of the beneficiary, and the seller considers the pre–need contract void. Notwithstanding the provisions of paragraph (3) of this subsection, the buyer of a pre–need contract has the option, at any time, to establish, under paragraph (5) of this subsection, an irrevocable trust with respect to all or any portion of the payment made under the contract in the escrow or trust account held by the seller, but only for the purpose of entitling the buyer to be eligible for any current Social Security benefits or for any benefits under any other plan that restricts eligibility to those with limited assets. The trust document establishing a trust under this paragraph shall contain the following notice, conspicuously displayed in 10–point boldface type: “This document creates an irrevocable trust. Under the terms of this document, a buyer may not receive a refund of any payments made for the pre–need burial contract”. The trust document establishing a trust under paragraph (4) of this subsection shall provide for: The disposition of the income earned by the trust which shall inure to the benefit of the buyer; The transfer of the trust funds if required by a trustee substituted under paragraph (6) of this subsection; and The disposition of the trust funds if: The business of the seller is discontinued or sold; The seller is unable to perform under the terms and conditions of the pre–need contract; and The buyer fails to pay the entire contract price before the death of the beneficiary and the seller considers the pre–need contract void. If the buyer exercises the option described in paragraph (4) of this subsection, the buyer, a relative of the buyer, or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract. If a contract is voided under paragraph (3) of this subsection and the option to establish an irrevocable trust has been exercised under paragraph (4) of this subsection, the buyer, a relative of the buyer, or a legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract. A pre–need contract is not subject to the Retail Installment Sales Act. The making of a pre–need contract by a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license is not the practice of insurance business. A pre–need contract that is a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract may be funded by a life insurance policy or an annuity contract if: The mortician, funeral director, licensed funeral establishment, or surviving spouse is not the owner of or beneficiary under the life insurance policy or annuity contract; An irrevocable assignment of benefits to the licensed funeral establishment: May be transferred at any time by the owner of the life insurance policy or annuity contract to any other licensed funeral establishment; and May not be transferred to the consumer; and Any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed on in the pre–need contract are paid to the beneficiary under the life insurance policy or annuity contract. A pre–need contract that is funded by a life insurance policy or an annuity contract shall terminate if the assignment of benefits to the mortician, funeral director, or surviving spouse is revoked by the owner of the life insurance policy or annuity contract. The offer, sale, or assignment of a life insurance policy or annuity contract to fund a pre–need contract is not subject to this section. A pre–need contract funded by a life insurance policy or an annuity contract is not subject to subsection (d) or (e) of this section. A seller of a pre–need contract shall provide the buyer with a general price list for the buyer to keep of the goods and services offered by the seller. A seller of a pre–need contract shall disclose to the consumer the buyer’s cancellation and refund rights under subsection (d) of this section.

A licensee shall maintain a complete file for each cremation and each alkaline hydrolysis or natural organic reduction that is initiated that includes the signature of the next of kin, person identifying the body, or person responsible for disposition, time of death, and the date and time of cremation or the time that the alkaline hydrolysis or natural organic reduction was initiated. In this subsection the following words have the meanings indicated. “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 21 became permanently incapable of self–support because of physical or mental disability. “Identifying information” means data required by a veterans service organization to verify the eligibility of a veteran or an eligible dependent for burial in a national or state veterans cemetery. “Identifying information” includes name, service number, Social Security number, date of birth, date of death, place of birth, and copy of the death certificate. “Interment” has the meaning stated in § 9–901 of the State Government Article. “Veteran” has the meaning stated in § 9–901 of the State Government Article. “Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of the association or entity. If a licensed funeral establishment or a crematory is in possession of cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or more, the licensed funeral establishment or holder of the permit for the business of operating a crematory shall provide identifying information of the unclaimed cremains or hydrolyzed remains to a veterans service organization in order for the veterans service organization to determine if the unclaimed cremains or hydrolyzed remains are those of a veteran or an eligible dependent. Subsubparagraph 2 of this subparagraph does not apply if: An authorizing agent directs otherwise; or A reduction facility reasonably concludes based on the identifying information or other evidence that a decedent does not qualify for disposition benefits associated with veteran status. A reduction facility in possession of human remains that are being processed by natural organic reduction shall provide identifying information to a veterans service organization within 5 business days after natural organic reduction is initiated to determine if the soil remains are those of a veteran or an eligible dependent. Within 45 days after receipt of the information required under paragraph (2) of this subsection, the veterans service organization shall notify the licensed funeral establishment, permit holder, or reduction facility: Whether the cremains, hydrolyzed remains, or soil remains are those of a veteran or an eligible dependent; and If so, whether the veteran or eligible dependent is eligible for interment in a veterans cemetery. If the unclaimed cremains or hydrolyzed remains are those of a veteran or an eligible dependent, the licensed funeral establishment or permit holder may transfer the cremains or hydrolyzed remains to a veterans service organization for the purpose of the appropriate disposition of the cremains or hydrolyzed remains. If the unclaimed soil remains are those of a veteran or eligible dependent, the reduction facility may: Transfer a portion of the soil remains not exceeding 300 cubic inches in volume to a veterans service organization that grants permission for the purpose of disposition; and If authorized, transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act. If a veterans service organization does not take possession of unclaimed cremains or hydrolyzed remains that qualify for an interment location in a State veterans’ cemetery under § 9–906 of the State Government Article within 10 days after the licensed funeral establishment or permit holder receives the notification required under paragraph (3) of this subsection, the licensed funeral establishment or permit holder shall: Notify the Department of Veterans and Military Families of the status of the cremains or hydrolyzed remains for the purpose of the appropriate disposition of the cremains or hydrolyzed remains; and Transfer the cremains or hydrolyzed remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the cremains or hydrolyzed remains. If a veterans service organization does not take possession of a portion of unclaimed soil remains under paragraph (5)(i) of this subsection that qualifies for an interment location in a State veterans’ cemetery under § 9–906 of the State Government Article within 10 days after the reduction facility receives the notification required under paragraph (3) of this subsection, the reduction facility shall: Notify the Department of Veterans and Military Families of the status of the soil remains for the purpose of the appropriate disposition of the portion of soil remains; Transfer the portion of soil remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the portion of the soil remains; and If authorized by the cemetery or owner, transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.

A licensed funeral director shall provide to the surviving spouse or immediate family members of the deceased or authorized representative a notice which advises that certain individuals may be entitled to continuation of group health insurance benefits under § 15-407 of the Insurance Article. The notices required to be provided in subsection (a) of this section shall be supplied to the licensed funeral director by the Insurance Commissioner. A licensed funeral director who fails to provide notice under subsection (a) of this section shall not be liable to any person for benefits which would have otherwise been payable under § 15-407 of the Insurance Article or other damages resulting from the failure to provide notice.

In this section, “mortician and funeral director rehabilitation committee” means a committee that: Is defined in subsection (b) of this section; and Performs any of the functions listed in subsection (d) of this section. For purposes of this section, a mortician and funeral director rehabilitation committee is a committee of the Board or a committee of any association representing morticians and funeral directors that: Is recognized by the Board; and Includes but is not limited to morticians and funeral directors. A rehabilitation committee of the Board or recognized by the Board may function: Solely for the Board; or Jointly with a rehabilitation committee representing another board or boards. For purposes of this section, a mortician and funeral director rehabilitation committee evaluates and provides assistance to any mortician or funeral director, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. Except as otherwise provided in this subsection, the proceedings, records, and files of the mortician and funeral director rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the mortician and funeral director rehabilitation committee. Paragraph (1) of this subsection does not apply to any record or document that is considered by the mortician and funeral director rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. A person who acts in good faith and within the scope of jurisdiction of a mortician and funeral director rehabilitation committee is not civilly liable for any action as a member of the mortician and funeral director rehabilitation committee or for giving information to, participating in, or contributing to the function of the mortician and funeral director rehabilitation committee.

Except as provided in subsection (b) of this section, all inspections of funeral establishments shall be unannounced and may take place at any time without notice from the Board. An unannounced inspection may include advance notice that an inspector may be in the region of the funeral establishment for the purpose of conducting an inspection if: The advance notice is no more than 14 days prior to the inspection; No specific date or time is provided for the inspection; and The advance notice is provided solely to ensure that a licensed mortician or funeral director will be on–site for the inspection. This subsection applies to inspections conducted: In response to valid information provided to the Board resulting in a complaint being opened by the Board concerning the preparation or body storage areas of a licensed funeral establishment only if the Board has provided a copy of the complaint to the licensed funeral establishment; or Of a funeral establishment that the Board has placed on probationary status in accordance with § 7–316(b) of this title. A trained staff member of the Board who is qualified to do inspections may call the supervising mortician of a licensed funeral establishment, as designated under § 7–310(e) of this title, and request immediate access to the preparation and body storage areas of the funeral establishment. If a request is made under paragraph (2) of this subsection, the supervising mortician immediately shall provide the staff member of the Board with the location of the key or access code to the preparation or body storage areas of the funeral establishment. An employee of a licensed funeral establishment is not required to accompany a staff member of the Board while the staff member conducts an inspection of a preparation or body storage area in accordance with this subsection. An unannounced inspection of a licensed funeral establishment shall be conducted during the hours that the business of mortuary science is being conducted at the licensed funeral establishment. Within 24 hours after the completion of an unannounced inspection of a licensed funeral establishment, the Board shall provide the results of the inspection to: The holder of the funeral establishment license; or The supervising mortician for the licensed funeral establishment, as designated under § 7–310(e) of this title. The Board shall employ at least two inspectors to perform inspections under this subtitle.

On receipt of a written complaint, or at the discretion of the Board, the Board or the Board’s designee may conduct an investigation and an inspection of the records and site of a registered crematory operator or registered reduction operator or any other person subject to the registration or permit provisions of this title.

Any individual who is 18 years of age or older may decide the disposition of the individual’s own body after the individual’s death without the pre–death or post–death consent of another person by: Executing a document that expresses the individual’s wishes, including a document designating a person to act as authorizing agent; or Entering into a pre–need contract. The person designated on a United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form, as the person authorized to direct disposition may serve as the authorizing agent for a decedent, if the decedent: Died while serving in the uniformed services; and Executed the United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form. An authorizing agent is bound by any valid document executed under this subsection in making decisions regarding the final disposition of the decedent’s body. In order to be valid, any document executed under subsection (a) of this section must be written and signed by the individual in the presence of a witness, who, in turn, shall sign the document in the presence of the individual. The following persons, in the order of priority stated, have the right to serve as the authorizing agent for a decedent: If the decedent executed a valid document under subsection (a) of this section: The person designated on the United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form, as the person authorized to direct disposition; or The person designated by a decedent in the valid document executed under subsection (a)(1) of this section; or Unless a person has knowledge that contrary directions have been given by the decedent, if a decedent has not executed a document under subsection (a) of this section: The surviving spouse or domestic partner, as defined in § 1–101 of the Health – General Article, of the decedent; An adult child of the decedent; A parent of the decedent; An adult brother or sister of the decedent; An adult grandchild of the decedent; A person acting as a representative of the decedent under a signed authorization of the decedent that does not meet the requirements of subsection (b) of this section; The guardian of the person of the decedent at the time of the decedent’s death, if a guardian has been appointed; or In the absence of any person under items (i) through (vii) of this item, any other person willing to assume the responsibility to act as the authorizing agent, including the personal representative of the decedent’s estate, after attesting in writing that a good faith effort has been made to no avail to contact the persons described in items (i) through (vii) of this item. Subject to paragraph (2) of this subsection, if a decedent has more than one survivor under subsection (c)(2)(i) through (v) of this section, any adult child, parent, adult brother or sister, or adult grandchild of the decedent who confirms in writing to a licensee that all of the other members of the same class have been notified may serve as the authorizing agent unless the licensee receives a written objection from another member of that class within 24 hours. If a decedent has more than one survivor under subsection (c)(2)(i) through (v) of this section, the majority of a class may serve as the authorizing agent. For an individual whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State–appointed guardian, or any other public official charged with arranging the final disposition of the body of the individual may serve as the authorizing agent. For an individual who has donated the individual’s body to medical science or whose death occurred in a nursing home or other private institution, a representative of the institution to which the body was donated or in which the decedent died may serve as the authorizing agent of the decedent and the institution is charged with making arrangements for the final disposition of the body. This subsection may not be construed to require a licensed mortician, licensed funeral director, or licensed funeral establishment to make any notification regarding the right of final disposition of the body of a decedent. A person shall forfeit the right of final disposition of the body of a decedent under subsection (c) of this section and the right shall pass to the next qualifying person, if the person: Does not exercise the right of disposition within 7 days after notification by a funeral establishment of the death of the decedent, or within 10 days after the decedent’s death, whichever is earlier; Subject to paragraph (3) of this subsection, is charged with first– or second–degree murder or voluntary manslaughter in connection with the decedent’s death and the charges are known to the funeral director; or Is the subject of an active interim, temporary, or final protective order and the decedent was a person eligible for relief, as defined under § 4–501 of the Family Law Article, under the order and a copy of the order is presented to the funeral director. A person whose right of disposition was forfeited under paragraph (2)(ii) of this subsection shall have the right restored, if: The criminal charges are dismissed; or The person is acquitted of the criminal charges. A person may waive the right of final disposition of the body of a decedent under subsection (c) of this section and the right shall pass to the next qualifying person, if: The person waives the right of disposition in writing; and The writing is submitted to the practitioner or funeral establishment. A licensed mortician, licensed funeral director, or licensed funeral establishment may not be held civilly liable for acting in reliance on this subsection.

Before burial or interment, a mortician shall affix to the long bones of the deceased human body a plastic or metal identification tag. After cremation, a licensee shall ensure that a metal or plastic identification tag is placed in the cremains container. The identification tag shall contain: The name of the decedent; The Social Security number of the decedent; The decedent’s date of birth; and The decedent’s date of death.

This section does not apply to: A civil action brought by a party to the proceedings of the Board who claims to be aggrieved by the decision of the Board; or Any record or document that is considered by the Board and that otherwise would be subject to discovery and introduction into evidence in a civil trial. Except as provided in subsection (a) of this section, the proceedings, records, and files of the Board are not discoverable and are not admissible in evidence in any civil action. The proceedings, records, and files of the Board are confidential and are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the Board if requested by the following: The Department to ensure compliance with the provisions of § 19–319 of the Health – General Article; A health maintenance organization to ensure compliance with the provisions of Title 19, Subtitle 7 of the Health – General Article and applicable regulations; A health maintenance organization to ensure compliance with the National Committee for Quality Assurance (NCQA) credentialing requirements; or An accrediting organization to ensure compliance with accreditation requirements or the procedures and policies of the accrediting organization. If the proceedings, records, and files of the Board are requested by any person from any of the entities in paragraph (2) of this subsection: The person shall give the Board notice by certified mail of the nature of the request and the Board shall be granted a protective order preventing the release of its proceedings, records, and files; and The entities listed in paragraph (2) of this subsection may not release any of the proceedings, records, and files of the Board. A person shall have the immunity from liability described under § 5–637 of the Courts Article for any action as a member of the Board or for giving information to, participating in, or contributing to the function of the Board. A contribution to the function of the Board includes any statement by any person, regardless of whether it is a direct communication with the Board, that is made within the context of the person’s employment or is made to a person with a professional interest in the functions of a medical review committee and is intended to lead to redress of a matter within the scope of the Board’s functions.