Except as otherwise provided in this title, a person may not practice, attempt to practice, offer to practice, or assist in the practice of mortuary science in this State unless licensed by the Board. Except as otherwise provided in this title, an individual may not engage in the operation of a crematory, attempt to engage in the operation of a crematory, or provide or offer to provide cremation services unless the individual is authorized as a registrant. Except as otherwise provided in this title, an individual may not engage in the operation of a reduction facility, attempt to engage in the operation of a reduction facility, or provide or offer to provide natural organic reduction unless the individual is a registered reduction operator.

Except for a registered crematory operator, or a registered reduction operator who operates a business as a sole proprietor or a registrant employed by a sole proprietor, a person may not engage in the operation of a crematory or reduction facility unless: The business is a corporation, limited liability company, or partnership; and The corporation, limited liability company, or partnership holds a permit issued under this title.

Unless authorized to practice mortuary science under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice mortuary science in this State. Unless a person is authorized as a registrant, a person may not represent to the public, by use of a title, including crematory operator, registered crematory operator, registered reduction operator, or reduction operator, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the operation of a crematory or reduction facility.

Except as provided in subsection (b) of this section, a licensee may not practice mortuary science under any name other than the name that appears on that person’s license. The name appearing on the license may be a trade or copyrighted name which may be sold to another licensee as part of the goodwill of the funeral establishment. If the sale of the trade name or copyrighted name is made part of a sale of a funeral establishment: The buyer must: Notify the Board of the sale of the trade or copyrighted name; and Apply for a funeral license in the name of the new owner; and The funeral establishment license must indicate that the trade or copyrighted name will continue to be used by the new owner. The sale of a funeral establishment does not preclude the buyer from advertising the funeral establishment as the successor to the funeral establishment acquired.

Unless a person is a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license, the person may not offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract.

A licensee or the agent of a licensee may not represent that a burial or funeral casket is required for cremation, alkaline hydrolysis, or natural organic reduction.

A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.

Subject to subsection (c) of this section and the hearing provisions of § 7–319 of this title, and in addition to any other sanction authorized for a violation of § 7–501 or § 7–502 of this subtitle, the Board may issue a public cease and desist order, impose a civil fine of not more than $5,000 per offense, or both. For the purposes of this section, each violation is a separate offense if the violation occurs: At a different time, date, or location; or On the same date and location at a different time. The Board may not issue a public cease and desist order to a funeral establishment that was previously licensed by the Board.

If a person regulated by the Board is charged with a violation of this title for which a license, registration, or permit may be suspended or revoked, the Board may seek an injunction or restraining order in a court of competent jurisdiction in the State to prohibit the person from: Practicing mortuary science or funeral direction; or Operating a crematory or reduction facility. An injunction or restraining order issued under this subsection shall remain effective until: The court lifts the injunction or restraining order; or The charges are fully adjudicated or dismissed. If the holder of an establishment license or permit that is regulated by the Board is charged with a violation of this title for which the license or permit may be suspended or revoked, the Board may petition a court of competent jurisdiction to: Appoint a receiver or trustee to take charge of the assets and operate the business of the establishment licensee or permit holder in the event that the license or permit is suspended or revoked; and Take any other action authorized by law to protect the public interest.