# Health Occupations (GHO)

## Title 7. Morticians and Funeral Directors

### Subtitle 4A. Family Security Trust Fund

#### Section 7-4A-06

(a) Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.

(b) A claim for the loss shall:

  (1) Be based on an act or omission that occurs in the provision of funeral pre-need services by:

    (i) A licensed mortician;

    (ii) A licensed funeral director;

    (iii) A licensed apprentice mortician;

    (iv) A licensed apprentice funeral director; or

    (v) An unlicensed employee of a licensed funeral establishment;

  (2) Involve a transaction that relates to pre-need funeral planning that occurred in the State; and

  (3) Be based on an act or omission:

    (i) In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or

    (ii) That constitutes fraud or misrepresentation.

(c) The amount recovered for any claim against the Fund:

  (1) May not exceed the actual monetary loss suffered; and

  (2) May not include noneconomic, consequential, or punitive damages.

(d) A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.

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Md. Code Ann., Health Occ. (as displayed at mgaleg.maryland.gov, October 16, 2026)