Title 10 — Subtitle 29. Board of Morticians and Funeral Directors

Chapter 01. Hearing Procedures

Regulation .01 Scope.Link Copy Citation

This chapter governs procedures for disciplinary matters and hearings before the Maryland State Board of Morticians and Funeral Directors and establishes the standards for use as a guide for the imposition of disciplinary sanctions against any of the following under jurisdiction of the Board:

(1)

A licensed mortician, funeral director, apprentice, surviving spouse, funeral establishment, corporation, crematory supervisor, or executor;

(2)

A courtesy card holder;

(3)

A holder of a permit to operate a crematory;

(4)

A certified crematory operator or crematory technician;

(5)

A holder of a mortuary transport permit; and

(6)

A registered transporter.

If, after a hearing, the Board finds that there are grounds under Health Occupations Article, §7–316 or 7–604, Annotated Code of Maryland, to sanction any person listed in §A of this regulation by way of probation, reprimand, suspension, fine, or revocation, the Board may consider aggravating and mitigating factors in determining sanctions.

Regulation .02 Notice of Hearing.Link Copy Citation

All interested parties shall be afforded an opportunity to be present at formal hearings.

Written notice of the hearing shall be sent by the Secretary of the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time and place of the hearing. It shall also state the issues or charges involved in the proceeding. However, if by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issue is necessary, they shall be fully stated as soon as practicable.

Regulation .03 Parties and Representation.Link Copy Citation

“Party” includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in formal hearings. Any person or agency may be admitted as a party for limited purposes.

All parties appearing at formal hearings shall have the right to appear in proper person or by or with counsel. All parties shall have the right to be accompanied, represented and advised by counsel.

Regulation .04 Prehearing Procedures.Link Copy Citation

Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following:

(1)

A list of witnesses to be called;

(2)

Copies of documents intended to be produced at the hearing; or

(3)

Both.

Mandatory Discovery.

(1)

Each party shall provide to the other party not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier:

(a)

The name and curriculum vitae of any expert witness who will testify at the hearing; and

(b)

A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.

(2)

If the Board or the Office of Administrative Hearings, as appropriate, finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of §B of this regulation, the Board or the Office of Administrative Hearings, as appropriate, shall exclude from the hearing the testimony of the expert and any report of the expert.

(3)

The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments regarding the sufficiency of the report:

(a)

At the prehearing conference, if scheduled; or

(b)

Immediately before the scheduled hearing.

(4)

If an expert adopts a sufficiently specific charging document as the expert's report, that adoption satisfies the requirements set forth in §B of this regulation.

Parties are not entitled to discovery of items other than as listed in §§A and B of this regulation.

Both parties have a continuing duty to supplement their disclosures of witnesses and documents.

Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list after:

(1)

The prehearing conference, if scheduled; or

(2)

15 days before the hearing, if no prehearing conference is scheduled.

The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes.

Construction.

(1)

In hearings conducted by an administrative law judge of the Office of Administrative Hearings, this regulation shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01.

(2)

In the event of a conflict between this regulation and COMAR 28.02.01, this regulation shall apply.

Regulation .05 Records and Transcript.Link Copy Citation

The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits and other memoranda or material filed in the proceeding.

Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board. The record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part thereof, shall be paid by the party requesting the transcript.

Regulation .06 Presiding Officer Duties.Link Copy Citation

Each hearing shall be held before a quorum of the Board. The president, or in his absence a member designated by him, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.

Regulation .07 Order of Procedure.Link Copy Citation

The order in which the parties shall present their case shall be determined by the presiding officer.

Regulation .08 Examination of Witness and Introduction of Evidence.Link Copy Citation

The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland.

Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions and motions. However, when a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions and motions shall be done and presented solely by the counsel.

The presiding officer, or any person designated by him for the purpose, may examine any witness called by any party. He may call as a witness any person in attendance at the hearing. Any member of the Board may examine any witness called by any party.

Regulation .09 Briefs.Link Copy Citation

Any party may submit briefs of the issues of fact and law involved in the hearing. The briefs shall be filed in the form, with the number of copies, and at the time as the presiding officer may designate.

Regulation .10 Sanctioning Guidelines.Link Copy Citation

General Application.

(1)

This regulation shall be used by the Board as a guide for sanctioning pursuant to the Board’s authority under Health Occupations Article, §§7–205, 7–316, and 7–604, Annotated Code of Maryland, for violations of the Morticians and Funeral Directors Act and the Board’s regulations.

(2)

The Board is not required to make findings of fact with respect to any of the factors for determining the sanction indicated by the sanctioning guidelines.

(3)

A departure from the sanctioning guidelines alone is not a ground for any hearing or appeal of a Board action.

(4)

Notwithstanding these sanctioning guidelines, in order to resolve a disciplinary matter, the Board and the offending person may agree to surrender a license, courtesy card, permit, or certificate, or agree to a consent order with terms, conditions, and sanctions agreed upon.

(5)

In a case where there are multiple and distinct violations, the Board may impose a sanction greater than the maximum indicated by the sanctioning guidelines for each individual violation.

(6)

If probation is imposed, the Board may impose appropriate terms and conditions of probation. Violations of the terms or conditions may cause the Board to take further disciplinary action.

(7)

In the event a violation does not fall within the sanction range, the Board shall so indicate and use its best judgment to determine the appropriate sanction and consider, to the extent possible, the factors in the sanctioning guidelines.

Range of Sanctions.

Mitigating and Aggravating Factors. Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside of the range of sanctions established by the guidelines. These factors may include, but are not limited to the following:

(1)

Mitigating Factors:

(a)

Absence of a prior disciplinary record;

(b)

The respondent reported the violation to the Board;

(c)

The respondent voluntarily admitted violation, provided full disclosure to the Board, and cooperated during Board proceedings;

(d)

The respondent implemented remedial measures to correct or mitigate harm arising from the violation;

(e)

The respondent made a timely good-faith effort to make restitution or otherwise rectify the consequences of the violation;

(f)

Evidence of rehabilitation or potential for rehabilitation;

(g)

Absence of premeditation to commit the violation;

(h)

Absence of potential harm to or adverse impact on the public or adverse impact on the public;

(i)

Isolated incident and not likely to recur; and

(j)

The respondent’s prior community service and present value to the community.

(2)

Aggravating Factors:

(a)

Previous criminal or administrative disciplinary history;

(b)

The violation was committed deliberately or with gross negligence or recklessness;

(c)

The violation had the potential for, or caused, serious harm;

(d)

The violation was part of a pattern of detrimental conduct;

(e)

The respondent was motivated to perform the violation by the respondent’s financial gain;

(f)

The vulnerability of the bereaved;

(g)

The respondent attempted to conceal the violation, falsified or destroyed evidence, or presented false testimony or evidence;

(h)

The respondent failed to cooperate with the Board’s investigation; and

(i)

Previous attempts at rehabilitation were unsuccessful.

Regulation .11 Counsel to the Board.Link Copy Citation

The presiding officer may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon that request, the counsel shall have all of the rights with regard to the submission of evidence, examination and cross-examination.

Regulation .12 Decision and Order.Link Copy Citation

Every decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or his attorney of record.

Regulation .13 Rehearings.Link Copy Citation

Any party aggrieved by the decision and order rendered in the particular case may apply for rehearing within 10 days after service on him of the decision and order. Action on the application shall lie in the discretion of the Board.

Unless otherwise ordered, neither the rehearing nor the application for rehearing shall stay the enforcement of the order or excuse the persons affected by it for failure to comply with its terms.

The Board may, on rehearing, consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify its original order.

Chapter 02. Examination

Regulation .01 Definitions.Link Copy Citation

The following terms have the meanings indicated.

Terms Defined.

(1)

“Applicant” means any individual who qualifies to take the Maryland mortician or funeral director examination.

(2)

“Board” means the State Board of Morticians and Funeral Directors.

(3)

“Maryland mortician and funeral director examination” means the legal and practical examination that is given by the Board to test the competency of individuals applying for a Maryland mortician or funeral director license.

Regulation .02 Scope of Examination.Link Copy Citation

The Board will give a two-part examination which consists of a:

Legal part, testing the applicant's knowledge of Maryland law and regulations governing mortuary science, including subject areas disclosed to applicants as part of a notification of the upcoming examination sent to all licensed apprentices and other applicants; and

One of the following:

(1)

Practical part for morticians, testing competency in embalming and otherwise preserving a dead human body, as specified in Health Occupations Article, §7-304(d)(1)(i) and (ii), Annotated Code of Maryland; or

(2)

Practical part for funeral directors, testing competency in hazardous waste and washing and handling a dead human body.

Regulation .03 Requirements for Examination.Link Copy Citation

An applicant shall:

Hold an apprentice license or have completed the apprenticeship requirements;

Submit an application for examination on the required form; and

Pay to the Board the examination fee set forth under COMAR 10.29.04.02A.

Regulation .04 Passing Score.Link Copy Citation

A minimum passing grade of 75 percent is required on the:

(1)

Law examination;

(2)

Practical examination.

An applicant who fails either part of the examination may retake that part of the examination one time during the next examination period without paying an additional $100 fee.

An applicant who fails both parts of the examination may retake the entire examination one time during the next examination period without paying an additional $100 fee.

The Board shall notify each applicant by mail of the results of the examination within 45 days after it is taken. Numerical scores may not be given out unless requested in writing by the applicant.

Regulation .05 Frequency of Examination.Link Copy Citation

The Board shall hold an examination twice a year, in April and October.

Regulation .06 National Examination.Link Copy Citation

Before granting a Maryland mortician or funeral director license, the Board shall require an applicant to take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States. The national examination may be taken either before or after the applicant takes the Maryland examination. An applicant may retake the national examination as often as is necessary to fulfill this requirement.

A minimum passing grade of 75 percent on each section of the examination is required.

The two sections of the examination are:

(1)

Funeral service science, which includes:

(a)

Embalming;

(b)

Restorative art;

(c)

Microbiology;

(d)

Pathology;

(e)

Chemistry; and

(f)

Anatomy;

(2)

Funeral service arts, which includes:

(a)

Sociology of funeral service;

(b)

Psychology and counseling;

(c)

Funeral directing and professional relationships;

(d)

Business law;

(e)

Funeral service law;

(f)

Funeral merchandising; and

(g)

Accounting.

Chapter 03. Inspection of Funeral Establishments

Regulation .01 Scope.Link Copy Citation

The purpose and intent of this chapter is to prescribe minimum standards for new and existing funeral establishments, renovations of existing funeral establishments, restricted funeral establishments, and change of ownership of funeral establishments where the practice of mortuary science or funeral direction is conducted.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the Maryland State Board of Morticians and Funeral Directors.

(2)

“Deficiency” means a specific failure to comply with the requirements set forth by the Board.

(3)

“Funeral director” means an individual who is licensed by the Board to practice all aspects of mortuary science, except for embalming.

(4)

“Funeral establishment” means any building, structure, or premises licensed by the Board, with facilities for:

(a)

Embalming or holding of human remains for disposition;

(b)

Viewing of the human remains; and

(c)

Funeral services.

(5)

“Funeral establishment sponsor” means any licensed funeral establishment providing for the operation of a Board-approved restricted funeral establishment.

(6)

“Holding room” means a room which is:

(a)

Used for the holding of human remains if arterial embalming is not a function of the funeral establishment; and

(b)

Distinct from the viewing room, chapel, or any other part of a funeral establishment.

(7)

“Inspection” means a survey of a funeral establishment by an inspector designated by the Board to ensure compliance with this chapter.

(8)

“Mortician” means an individual who is licensed by the Board to practice mortuary science.

(9)

“Ownership” means having or controlling directly or indirectly at least 10 percent interest in the corporation, partnership, association, organization, or other business entity.

(10)

Practice Funeral Direction.

(a)

“Practice funeral direction” means to:

(i)

Operate a funeral establishment;

(ii)

For compensation, prepare human remains for disposition; and

(iii)

For compensation, arrange for or make final disposition of human remains.

(b)

“Practice funeral direction” does not include:

(i)

For compensation, disinfecting or preserving human remains or any of its parts by arterial or cavity injection or any other type of preservation; or

(ii)

The business of operating a crematory.

(11)

Practice Mortuary Science.

(a)

“Practice mortuary science” means:

(i)

The practice of funeral direction; and

(ii)

Disinfecting or preserving human remains or any of its parts by arterial or cavity injection.

(b)

“Practice mortuary science” does not include:

(i)

The pickup, removal, or transportation of human remains, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director; or

(ii)

The business of operating a crematory.

(12)

“Preneed contract” means an agreement between a consumer and a licensed funeral director or licensed mortician to provide any goods and services purchased before the time of death.

(13)

“Preparation room” means an area with a minimum of 120 square feet which is used exclusively for the practice of mortuary science, which is separate and distinct from the viewing room, chapel, or any other part of a funeral establishment.

(14)

“Restricted funeral establishment” means a licensed business authorized by the Board under Health Occupations Article, §7-310(a)(2), Annotated Code of Maryland, to practice mortuary science or funeral direction services by a licensed mortician or funeral director with a designated sponsoring funeral establishment.

(15)

“Supervising funeral director” means a funeral director who is responsible to the Board for compliance with Health Occupations Article, Title 7, Annotated Code of Maryland, for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts.

(16)

“Supervising mortician” means a mortician who is responsible to the Board for compliance with Health Occupations Article, Title 7, Annotated Code of Maryland, for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts.

(17)

“Viewing room” means an area in which human remains are placed on display and which is a separate and distinct area from the preparation and holding room.

Regulation .03 Funeral Establishment Requirements.Link Copy Citation

The Board shall license a funeral establishment before the funeral establishment may be used for the practice of mortuary science or funeral direction.

The Board shall issue a funeral establishment license to a funeral establishment that has:

(1)

Complied with all applicable federal, State, and local laws, including the requirements set forth in this chapter;

(2)

Except as provided in §C of this regulation, completed all requirements specified in this chapter within 6 months of application submission;

(3)

Submitted an application to the Board on the required form at least 60 days before the opening of the business;

(4)

Paid the non-refundable application fee and, when applicable, the family security trust fund fee; and

(5)

Operated in accordance with Health Occupations Article, Title 7, Annotated Code of Maryland.

Application Extension Request. To obtain approval from the Board for an application extension, a funeral establishment shall:

(1)

Submit, in writing to the Board, a one-time application extension request not to exceed 90 days; and

(2)

Explain the reason for the extension request.

A license shall expire on the date set by the Board, unless the license is renewed for an additional term at a fee set by the Board.

A license is nontransferable and may not be renewed for a term longer than 2 years.

Upon a sale or change in ownership of the funeral establishment, the new owner shall:

(1)

Notify the Board within 14 days; and

(2)

Request a new license by submitting an application to the Board in writing with supporting documentation reflecting the sale or change of ownership.

The Board shall issue a new funeral establishment license reflecting the sale or change in ownership if:

(1)

The applicant submits the required documentation to the Board; and

(2)

An inspection of the funeral establishment results in a finding that the funeral establishment is in compliance with all applicable federal, State, and local laws.

A license, and the licenses of individual licensees employed at the funeral establishment, shall be displayed prominently at the premises.

The funeral establishment:

(1)

Shall employ and designate, on a form provided by the Board, a supervising mortician or supervising funeral director, licensed in accordance with State laws, who shall be in compliance with Health Occupations Article, Title 7, Annotated Code of Maryland;

(2)

Shall prominently display on a sign, not smaller than 8 and 1/2 inches by 11 inches, immediately located either outside or inside the main entrance, in letters not less than one-half inch high, the names of:

(a)

Each licensee who holds at least a 10 percent ownership interest in the partnership, professional association, or sole proprietorship which operates the funeral establishment;

(b)

Any individual, corporation, or other business entity, which either directly or indirectly holds an ownership interest of 10 percent or more in the corporation or business entity that operates the funeral establishment; and

(c)

All restricted funeral establishments operating from that funeral establishment;

(3)

That does embalmings and has designated a funeral director as the supervising agent shall employ a licensed mortician on staff;

(4)

May not be required to apply for a new funeral establishment license if there is a change of a supervising mortician or supervising funeral director;

(5)

Shall notify the Board, on a form provided by the Board, of any change of supervising mortician or supervising funeral director within 10 days;

(6)

May not operate without a supervising mortician or supervising funeral director, who shall be continuously responsible, for more than 30 calendar days; and

(7)

Shall ensure that medical waste is picked up by a licensed medical waste disposer not less than every 60 days from the date generated as outlined in COMAR 10.06.06.

Regulation .04 Restricted Funeral Establishment Requirements.Link Copy Citation

The Board shall license a restricted funeral establishment before the restricted funeral establishment may be used for the practice of mortuary science or funeral direction.

The Board shall issue a restricted funeral establishment license to a restricted funeral establishment that has:

(1)

Complied with:

(a)

All applicable federal, State, and local laws;

(b)

Advertising requirements set forth in COMAR 10.29.12; and

(c)

Regulation .05 of this chapter;

(2)

For each restricted funeral establishment:

(a)

Submitted an application to the Board on the required form which includes a full description of services;

(b)

Paid the application fee and, when applicable, the family security trust fund fee; and

(c)

Completed and passed an inspection as outlined in Regulation .05 of this chapter;

(3)

After July 1, 2001, submitted to the Board copies of the documents listed in Regulation .05D of this chapter;

(4)

Beginning January 1, 2002, submitted during the bi-annual inspection to the Board, copies of the documents listed in Regulation .05D of this chapter created during the preceding year; and

(5)

Operated in accordance with Health Occupations Article, Title 7, Annotated Code of Maryland.

The restricted funeral establishment shall:

(1)

Submit a notarized lease agreement with the sponsoring funeral establishment, including an application stating scope of operations for approval to the Board;

(2)

Employ and designate, on a form provided by the Board, a supervising mortician or supervising funeral director, licensed in accordance with State laws, who shall be in compliance with Health Occupations Article, Title 7, Annotated Code of Maryland; and

(3)

Submit documentation of any termination or change in the status of the lease agreement, within 10 days of the termination or change in status.

Subject to the hearing provisions of Health Occupations Article, §7-319, Annotated Code of Maryland, the Board may:

(1)

Deny a license to an applicant for a restricted funeral establishment license;

(2)

Reprimand the holder of a restricted funeral establishment license;

(3)

Place the holder of a restricted funeral establishment license on probation:

(4)

Suspend or revoke a restricted funeral establishment license if, with the knowledge or at the direction of the restricted funeral establishment:

(a)

An unlicensed individual practices mortuary science or funeral direction for or within the restricted funeral establishment; or

(b)

An employee of the restricted funeral establishment fails to comply with:

(i)

Health-General Article, §5-513(b) and (d), Annotated Code of Maryland; and

(ii)

Health Occupations Article, §7-405, Annotated Code of Maryland.

The funeral establishment sponsor shall remain in good standing with the Board to continue as a sponsor for any restricted funeral establishment.

For a funeral establishment sponsor that experiences the death of single owner and sole licensee as set forth in Health Occupations Article, §7-308.3, Annotated Code of Maryland, the restricted funeral establishment:

(1)

Shall submit to the Board a new notarized lease agreement within 30 days, if the restricted funeral establishment intends to continue operating from that sponsoring funeral establishment;

(2)

Shall be subject to hearing provisions set forth under Health Occupations Article, §7-319, Annotated Code of Maryland, for failure to comply with §F(1) of this regulation, which may result in:

(a)

A reprimand for the holder of the restricted establishment license;

(b)

Probation for the holder of the restricted establishment license; or

(c)

The suspension or revocation of the restricted establishment license; and

(3)

May voluntarily surrender the restricted funeral establishment license to avoid the hearing procedures provided the conditions are met as set forth under Health Occupations Article, §7-318, Annotated Code of Maryland.

If a funeral establishment sponsor closes its operations to the public, any restricted establishment license with a lease agreement with this designated funeral establishment sponsor:

(1)

Shall become invalid upon closure of the sponsoring funeral establishment subject to the hearing provisions set forth under Health Occupations Article, §7-319, Annotated Code of Maryland; or

(2)

May voluntarily surrender the restricted funeral establishment license to avoid the hearing procedures, provided the conditions are met as set forth under Health Occupations Article, §7-318, Annotated Code of Maryland.

For each location operated by the restricted funeral establishment, a separate license shall be obtained and displayed prior to commencing the practice of mortuary science or funeral direction.

As set forth under Health Occupations Article, §7-504, preneed services and merchandise may be offered by a restricted funeral establishment.

Regulation .05 Inspection by the Board.Link Copy Citation

A licensed funeral establishment and a restricted funeral establishment shall be open at all reasonable times for inspection by the Board. Inspection results shall be written on forms approved by the Board.

Each funeral establishment and restricted funeral establishment shall be inspected:

(1)

On a biennial basis;

(2)

In furtherance of an investigation; or

(3)

Upon the sale or change of ownership of the funeral establishment.

An owner, supervising mortician, supervising funeral director, or licensed designee shall be available to accompany the inspector during the inspection and sign the inspection report.

The following forms shall be available for inspection, with a copy given to the inspector for the inspector's records:

(1)

A general price list of charges for services to the public;

(2)

A completed and duly signed funeral service contract with any invoices attached;

(3)

A price list of caskets as charged to the public;

(4)

A price list of outer burial containers, as charged to the public;

(5)

Cremation forms:

(a)

Authorization form to cremate;

(b)

Cremation identification form; and

(c)

Disposition of cremated remains notification;

(6)

A preneed contract form along with a bank statement form, for verification of an escrow or trust account, and, if provided, an insurance statement;

(7)

A copy of the hazardous waste certification form described in §E(6)(d) of this regulation; and

(8)

An authorization to release the body to the funeral establishment or the restricted funeral establishment.

Standards for Inspection of Funeral Establishments and Restricted Funeral Establishments.

(1)

Preparation Room. If arterial or cavity injection will take place at a funeral establishment or a restricted funeral establishment, the funeral establishment or the restricted funeral establishment shall maintain on the premises a preparation room which shall be adequately equipped and maintained in a sanitary manner for the preservation and care of human remains. The minimal requirements shall be as follows:

(a)

The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, impervious, washable material;

(b)

The floors, walls, and ceilings shall be in a clean and sanitary condition;

(c)

The lighting shall be adequate;

(d)

The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations;

(e)

Doors to the preparation room shall be tight-closing and the windows maintained to obstruct any view into the preparation room;

(f)

The preparation room shall be a minimum of 120 square feet; and

(g)

If a refrigeration unit is on the premises, it shall be clean, sanitary, and in good working condition.

(2)

Holding Room. If arterial or cavity injection will not take place at a funeral establishment or a restricted funeral establishment, the funeral establishment or the restricted funeral establishment shall maintain on the premises a holding room which shall be adequately equipped for the holding of human remains which shall be kept in a clean and sanitary manner. The minimal requirements for the holding room shall be as follows:

(a)

The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, impervious, washable material;

(b)

The floors, walls, and ceilings shall be in a clean and sanitary condition;

(c)

The lighting shall be adequate;

(d)

An exhaust system whereby gases would be drawn to outside air shall be the minimum standard for holding rooms in funeral establishments where embalming does not take place;

(e)

Doors to the holding room shall be tight-closing and the windows maintained to obstruct any view into the holding room; and

(f)

The holding room shall be a minimum of 120 square feet.

(3)

Instruments and Equipment.

(a)

Instruments shall be autoclaved, steamed, or cleaned with a chemical disinfectant commonly used in the industry.

(b)

The preparation table shall have a nonporous surface.

(c)

The removal stretcher and litter shall have a waterproof pouch.

(d)

If a refrigeration unit is on the premises, it shall be clean, sanitary, and in good working condition.

(4)

Water Supply.

(a)

Each funeral establishment and restricted funeral establishment shall have hot and cold running water.

(b)

The drain pipe for the water supply shall be at least 2 inches in diameter.

(c)

Floor drainage is required in the preparation room of a funeral establishment where embalming takes place, except for an establishment that existed on or before November 26, 2001 that has not had after that date:

(i)

The preparation room renovated; or

(ii)

A change of ownership.

(5)

Chemicals. All chemicals shall be plainly marked with appropriate warning labels.

(6)

Waste.

(a)

The preparation room shall be equipped with covered waste receptacles.

(b)

Infectious waste shall be clearly identified and separate from other waste and put in a rigid container.

(c)

Blood and waste shall be disposed of in accordance with COMAR 10.06.06.01—.08.

(d)

A copy of the hazardous waste certification form provided by the licensee's hazardous waste contractor shall be provided to the Board's inspector.

(e)

The removal vehicle shall contain a universal precaution kit which shall contain at least:

(i)

Disposable gloves;

(ii)

Antibacterial hand wipes; and

(iii)

A hazardous waste container for the proper disposal of wastes.

(7)

Removal Vehicle. The removal vehicle shall be suitable for the transportation of human remains obscured from public view and maintained in a sanitary manner.

(8)

Funeral Service Establishment and Restricted Funeral Establishment Premises.

(a)

The remaining areas of the funeral establishment and the restricted funeral establishment shall be in good repair, clean, and safe.

(b)

If a funeral establishment or a restricted funeral establishment has a memorial gathering area, it shall be:

(i)

In good repair;

(ii)

Clean; and

(iii)

At least 300 square feet in area.

(c)

If a funeral establishment or a restricted funeral establishment displays any form of casket selection, the prices shall also be shown.

(d)

The inspection shall assess the general cleanliness of the funeral establishment and the restricted funeral establishment and whether there are properly functioning, sanitary restrooms.

(e)

The business telephone shall be in working order at a funeral establishment and a restricted funeral establishment.

(f)

A sign or lettering on the windows or building indicating the name of the funeral establishment and the restricted funeral establishment shall be conspicuously displayed, and the name on the sign shall be the same name on the funeral establishment license and the restricted funeral establishment license.

(g)

If one or more businesses, in addition to a funeral establishment, are operating on the same premises, a separate sign shall indicate the entrance and exit of the funeral establishment and the restricted funeral establishment.

After the inspection is completed, an exit interview shall be conducted to apprise the owner or supervising mortician of the findings of the inspection. A copy of the inspection report shall be left with the owner or supervising mortician who shall verify receipt of the inspection report.

Regulation .06 Establishment Inspection Report and Deficiencies.Link Copy Citation

The Board shall review the inspection report and make a determination as to whether a deficiency exists.

The Board shall notify the funeral establishment and the restricted funeral establishment in writing of the results of the inspection.

If the funeral establishment licensee and the restricted funeral establishment licensee pass the inspection, the licensees shall prominently display on the premises a statement issued by the Board that the funeral establishment and the restricted funeral establishment have successfully passed the inspection.

If the Board finds a deficiency, the Board shall send to the owner and the restricted funeral establishment within 2 weeks of the inspection notification of the deficiency or failure to pass the inspection.

Correction of Deficiency.

(1)

Except as provided in this section, an owner and the restricted funeral establishment shall correct a deficiency within 30 days after receipt of notification.

(2)

The Board may require immediate correction of a deficiency if the Board considers the correction necessary to the interest of public health.

(3)

The owner or the restricted funeral establishment may request an extension of time for correction of a deficiency.

(4)

The Board may approve an extension of time for correction of a deficiency.

(5)

Upon completion of correction of all deficiencies, the owner or the restricted funeral establishment shall notify the Board.

(6)

Upon notification, the Board or its designee shall re-inspect the funeral establishment or the restricted funeral establishment and the Board shall notify the owner or the restricted funeral establishment in writing of the results of the re-inspection within 1 week.

(7)

If re-inspection reveals additional deficiencies not cited in the first inspection report, the owner or the restricted funeral establishment shall correct those deficiencies in the time period specified unless an extension of time is requested by the owner or the restricted funeral establishment and approved by the Board.

Regulation .07 Penalties.Link Copy Citation

Failure to allow an inspection of the funeral establishment or the restricted funeral establishment may result in disciplinary action against a funeral establishment license or a restricted funeral establishment license, subject to the hearing requirements as set forth under Health Occupations Article, §7-319, Annotated Code of Maryland.

Failure to comply with a notice to correct deficiencies or violations within the 30-day period, or any reasonable extension granted by the Board under Regulation .06E of this chapter, may result in disciplinary action against a funeral establishment license or the denial of a renewal of a funeral establishment license, subject to the hearing requirements as set forth under Health Occupations Article, §7-319, Annotated Code of Maryland.

Disciplinary action may not be taken against a supervising mortician or funeral director for the acts or omissions of another individual unless the supervising mortician or funeral director knew or should have known of a violation of:

(1)

Health-General Article, Title 5, Annotated Code of Maryland; or

(2)

Health Occupations Article, Title 7, Annotated Code of Maryland.

Chapter 04. Fee Schedule

Regulation .01 Scope.Link Copy Citation

This chapter governs all persons licensed by the Board of Morticians and Funeral Directors in Maryland.

Regulation .02 Fees.Link Copy Citation

The following fees are established by the Board:

Mortician and Funeral Director examination fee ... $265;

Mortician license, initial fee ... $600;

Mortician license, renewal fee ... $600;

Apprenticeship license, initial fee ... $325;

Apprenticeship license, renewal fee ... $325;

Corporation license, renewal fee ... $975;

Establishment license, initial fee ... $700;

Establishment license, renewal fee ... $700;

Funeral director license, initial fee ... $600;

Funeral director license, renewal fee ... $600;

Executor license fee ... $250;

Surviving spouse license, initial fee ... $600;

Surviving spouse license, renewal fee ... $600;

Courtesy card license, initial fee ... $600;

Courtesy card license, renewal fee ... $600;

Late license fee—payable if renewal fee is received more than 15 days after the expiration date ... $400;

Reinstatement fee—payable after failure to renew the license within 5 years of the date of expiration ... $600;

Inactive status fee ... $300;

Inactive status renewal fee ... $300;

Reactivation of license fee ... $300;

Continuing education vendor fee ... $100;

Duplicate Wall Certificate ... $50;

Duplicate License ... $35;

Licensure Verification / Certification ... $40;

Failure to notify the Board within 30 days of an address change ... $50;

Returned check fee ... $40;

AA.

Establishment name change ... $150;

BB.

Non-compliance inspection fee, first offense ... $50;

CC.

Non-compliance inspection fee ... $100.

Regulation .03 Terms.Link Copy Citation

Licensees shall pay to the Board of Morticians the fees set forth in:

(1)

Regulation .02C of this chapter by April 30 of every year ending with an even number;

(2)

Regulation .02E of this chapter annually;

(3)

Regulation .02F, I, L, and N of this chapter by November 30 of every year ending with an even number; and

(4)

Regulation .02H of this chapter by November 30 of every year ending with an even number;

The Board of Morticians and Funeral Directors shall prorate the fees set forth in Regulation .02A, B, G, H, J, and L of this chapter in 1-year intervals until the date of expiration.

All application fees are non-refundable.

Chapter 05. Continuing Education

Regulation .01 Scope.Link Copy Citation

This regulation governs a person practicing as a mortician, funeral director, or holder of a surviving spouse license in Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the Board of Morticians and Funeral Directors.

(2)

“Continuing education unit (CEU)” means 50 clock minutes of educational instruction in a Board-approved continuing education program.

(3)

“Funeral director” means an individual who is licensed by the Board to practice all aspects of mortuary science except for embalming.

(4)

“Mortician” means an individual who practices mortuary science.

(5)

“Surviving spouse” means the legal widow or widower of a licensed funeral director or licensed mortician, whose license was in good standing at the time of death, and who, at the time of death, wholly or partly owned and operated a mortuary science business.

Regulation .03 Standards of Continuing Education Preapproval.Link Copy Citation

Continuing education units are automatically approved and do not need to be submitted to the Board if the programs are:

(1)

Approved by the Academy of Funeral Service Practitioners;

(2)

Sponsored by national service organizations;

(3)

Regulation .04 Post-Approval and Review.Link Copy Citation

Each licensee seeking credit for attendance and participation in an education program that is not preapproved shall submit to the Board, within 30 days after completion of the activity, the following:

(1)

Activity's dates;

(2)

Subjects covered;

(3)

Names of instructors and their qualifications; and

(4)

Number of CEUs requested.

Within 90 days after receipt of the application, the licensee shall be advised by the board, in writing, as to whether the activity is approved and the number of CEUs allowed.

A licensee may be denied credit if the licensee fails to comply with the requirements of this regulation.

A continuing education course or workshop that is already approved may be monitored or reviewed by the Board, and, upon evidence of significant variation in the program presented from the program approved, all or any part of the approved hours granted the program may be disapproved.

Regulation .05 Continuing Education Requirements.Link Copy Citation

The following licensees, except as otherwise stated, at the time of renewal, shall submit documentation of continuing education in the field of mortuary science to the Board:

(1)

Morticians;

(2)

Funeral directors; and

(3)

Surviving spouses.

The morticians, funeral directors, and surviving spouses may begin to accumulate CEUs beginning May 1, 1994 for the renewal period of April 1996 for morticians and November 1997 for funeral directors and surviving spouses.

Except as provided in this regulation, each licensee in the State shall submit, with the license renewal application, a list of a minimum of 12 CEUs each renewal period of continuing education course work approved by continuing education providers as set forth in Regulation .03 of this chapter, or the Board. The Board shall undertake a random audit of a certain percentage of licensees to determine CEU compliance.

CEUs may be obtained by attending and participating in continuing education courses or workshops previously approved by the Board or otherwise meeting the requirements and approved by the Board.

During the time an organization, educational institution, or person is an approved sponsor, all continuing education programs of the organization, educational institution, or person may be approved by the Board.

The Board shall waive continuing education requirements for individuals newly licensed for the first-time renewal of a license.

Except as allowed by the Board, a licensee may not receive credit exceeding nine CEUs of the biennial total required:

(1)

For correspondence work;

(2)

For video, sound-recorded, or television programs; or

(3)

By information transmitted by other similar means as authorized by the Board.

Service as a lecturer or discussion leader may be included to the extent that it contributes to the professional competency of the applicant, but repetitious presentations may not be counted and not more than 50 percent of the total required CEUs may be satisfied in this manner.

The maximum number of CEUs which may be granted for any single continuing education course or workshop single topic is six.

A licensee may not receive more than three CEUs within a renewal period for attending a Board of Morticians and Funeral Directors board meeting.

A licensee may obtain three CEUs for any business courses completed and approved by continuing education providers set forth in Regulation .03 of this chapter, or the Board.

After the renewal period beginning May 1, 2008 for morticians, and December 1, 2008 for funeral directors and surviving spouse licensees, 3 carry-over credits may be granted per renewal cycle.

A licensee shall earn a minimum of 1 CEU hour in an approved course on preneed law per renewal cycle.

Regulation .06 Exemptions.Link Copy Citation

The Board shall grant an exemption from meeting the continuing education requirements to a licensed mortician, funeral director, or surviving spouse license holder who has practiced mortuary science in the State for 40 years and has submitted a one-time request for an exemption to the Board at the time of license renewal.

The Board shall consider a waiver of all or part of the continuing education requirements on a case-by-case basis for a licensed mortician, funeral director, or surviving spouse license holder based on documentation of disability or unusual circumstances.

A mortician, funeral director, or surviving spouse licensee whose license is on an inactive status is not required to meet the continuing education requirements.

Upon reactivation of an inactive license, a mortician, funeral director, or surviving spouse shall submit documentation of CEUs for the current renewal period in which the license is reactivated.

Chapter 06. Preneed Contract

Regulation .01 Scope.Link Copy Citation

These regulations apply to all preneed contracts entered into by a licensed mortician, a licensed funeral director, and a holder of a surviving spouse license with a buyer.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“At need” means funeral arrangements made after the death of an individual by one authorized to make those arrangements.

(2)

“Beneficiary” means the individual on whose behalf the preneed contract is purchased.

(3)

“Board” means the State Board of Morticians and Funeral Directors.

(4)

“Buyer” means an individual who agrees to buy certain mortuary science services and merchandise in a preneed contractual arrangement.

(5)

“Casket vault” means a combination casket and outer burial enclosure.

(6)

“Contract” means preneed contract.

(7)

“Irrevocable trust” means an arrangement, which cannot be revoked after its creation, by which property is transferred with the intention that it be administered by a trustee for another's benefit.

(8)

“Licensee” means an individual who has been issued either a mortician, funeral director, or surviving spouse license by the Board.

(9)

“Preneed addendum form” means the form provided by the Board to show the allocation of preneed funds.

(10)

“Preneed contract” means an agreement entered into by a licensed mortician, a licensed funeral director, or holder of a surviving spouse license with a buyer in advance of the death of that individual or beneficiary.

(11)

“Seller” means a licensed mortician, licensed funeral director, or a holder of a surviving spouse license who agrees to sell certain mortuary science services or merchandise in a preneed contractual arrangement between a buyer and a funeral establishment.

(12)

“Trustee” means the seller of preneed mortuary services or merchandise selected under the terms of an irrevocable trust arrangement established on behalf of the beneficiary for the purpose of eligibility for Social Security or other governmental benefits.

(13)

“Unable to perform” means that the seller has died or become disabled, or that the funeral service business has discontinued.

Regulation .03 Execution of Preneed Contract.Link Copy Citation

Only a licensed mortician, licensed funeral director, or holder of a surviving spouse license may make pre-arrangements and execute preneed contracts with buyers.

The seller shall present to the buyer a preneed contract which contains all of the information set forth in Health Occupations Article, §7-404, Annotated Code of Maryland.

The seller and buyer of a preneed contract shall execute the contract in duplicate, with a copy of the original contract given to the buyer at the time that the contract is signed.

The seller shall state in the preneed contract:

(1)

The time required for fulfilling the terms and conditions of the contract;

(2)

The cancellation terms; and

(3)

The conditions of refunds.

A preneed contract may be funded by a life insurance policy or an annuity contract.

A seller who funds preneed contracts using a life insurance policy or an annuity shall have an insurance license.

A seller who funds preneed contracts using a life insurance policy or annuity shall:

(1)

Give the buyer a copy of the completed contract form signed and executed by the licensee, buyer, and insurance agent at the conclusion of preneed arrangements;

(2)

Ensure that the insurance company listed on the application for insurance is the recipient of the payment when the buyer is executing payment;

(3)

Send a copy of the certificate of insurance to the buyer immediately upon receipt of the approved insurance policy; and

(4)

Present a copy of a filed death certificate policy claim form and any other information required by the insurance company for payment of services provided under the preneed insurance contract.

Funds may not be transferred from a money-trust to an insurance-funded vehicle without the approval and signature on the insurance application of the buyer or legal representative of the buyer.

Regulation .04 Disposition of Preneed Contract Fund.Link Copy Citation

Within 10 days of receiving payment under a preneed contract, the seller shall deposit into an interest-bearing escrow or trust account that is insured by the Federal Deposit Insurance Corporation (FDIC):

(1)

An amount from the payment that is equal to at least 80 percent of the selling price of a casket or casket vault under the preneed contract; and

(2)

100 percent of the payment that is for all other goods and services under the preneed contract.

The seller need not have a separate interest-bearing escrow or trust account for each preneed contract executed.

The seller may place in the escrow account with the other funds up to 100 percent of the price of the casket or casket vault.

Interest on Preneed Contract Fund.

(1)

The interest or dividends earned by the interest-bearing escrow or trust account belongs to the buyer of the contract.

(2)

The seller shall send to the buyer a tax form stating the amount of the interest accumulated in the account each year that the contract is in effect until the time of death of the beneficiary.

(3)

It is the responsibility of the buyer to pay the taxes due on that interest.

(4)

Money remaining in the interest-bearing escrow or trust account after the performance of the contract belongs to the seller.

The seller may not withdraw from the account the money received from the buyer unless the services and merchandise have been provided as agreed to in the contract or unless the buyer terminates the contract.

The seller may withdraw money from the account if one of the following conditions are met:

(1)

The buyer or legal representative of the buyer forwards a notarized statement and withdrawal request stating that the seller may:

(a)

Cancel the prepaid contract if revocable; or

(b)

Transfer the monies to a named substitute trustee if the prepaid contract is irrevocable; or

(2)

The funeral home presents a copy of a filed or certified death certificate to the banking institution holding the account funds for payment of services provided under a preneed contract.

Regulation .05 Obligations of Seller.Link Copy Citation

A seller shall provide the buyer with:

(1)

A general price list of all goods and services for the buyer to keep;

(2)

A statement of goods and services that are reasonably expected to be required at the time of need, but are not included in the preneed contract;

(3)

Information concerning cancellation and refund rights under Health Occupations Article, §7-405(d), Annotated Code of Maryland;

(4)

A receipt for all monies received and a copy of the completed forms signed and executed by the seller and the buyer; and

(5)

A copy of the deposit slip showing the amount of preneed funds deposited into an interest-bearing escrow or trust account with an FDIC insured account under Regulation .04A of this chapter.

The seller shall perform the contract according to the contract's terms and at the agreed upon price.

The seller shall substitute comparable merchandise when the specified merchandise is unavailable.

The seller is not responsible for those events which are beyond the seller's control, such as changes in cemetery requirements.

Nothing in this regulation shall prohibit a funeral home from its rights to transfer escrow or trust accounts from one institution to another FDIC insured banking institution. The funeral home shall provide the new account information to the buyer along with a copy of the deposit slip within 30 days after transferring preneed funds.

The funeral establishment and the establishment's supervising mortician shall be responsible for providing the services contracted. In the case of a funeral establishment owned by a corporation licensed under Health Occupations Article, §7-309, Annotated Code of Maryland, the supervising mortician and the corporation shall be responsible for the services contracted.

Regulation .06 Termination of Preneed Contract.Link Copy Citation

Except as otherwise provided in this regulation, a preneed contract may not be terminated by the seller.

Except as otherwise provided in this section, a seller may not withdraw from the preneed interest-bearing escrow or trust account the money received from a buyer unless the services and merchandise agreed to in the contract have been provided.

At the time a preneed contract is terminated, the seller shall refund to the buyer the payments and interest held for the buyer, if any one of the following conditions occur:

(1)

The buyer or the legal representative or representatives of the buyer demands in writing a refund of the payments made except as set forth in Regulation .09 of this chapter;

(2)

The business of the seller is discontinued;

(3)

The seller is unable to perform under the terms and conditions of the preneed contract for reasons other than an increase in the cost of goods and services; or

(4)

The buyer fails to pay the entire contract price before the death of the beneficiary.

Regulation .07 Premature Death of Beneficiary or Buyer.Link Copy Citation

If the death of the buyer or beneficiary occurs before the terms and conditions of the preneed contract are met, the buyer or legal representative of the beneficiary shall be given the option of withdrawing all funds paid and interest accrued or renegotiating a contract with mutually agreed upon financial adjustments.

Regulation .08 Sale or Change in the Ownership of a Funeral Corporation or Establishment.Link Copy Citation

A funeral corporation or establishment which is in the process of being sold shall file with the Board a list of preneed contracts and document that the money resulting from the preneed contracts has been set aside in an interest-bearing, federally insured escrow or trust account.

The seller of the funeral corporation or establishment shall document that arrangements have been made with the buyer and with another licensee to honor the preneed contracts.

The seller shall notify the buyers of the preneed contract that the business is being sold and give the buyers an opportunity to either continue the same contractual arrangements with the new owner or to demand a refund of the money paid into the interest-bearing escrow or trust account.

On the death or disability of the seller or if the seller loses or is unable to use that individual's license, the partners or surviving spouse shall notify the Board and document that the preneed contract money has been set aside and remains inviolate, and that arrangements have been made to honor the preneed contracts.

On the death or disability of the seller or if the seller loses or is unable to use that individual's license, the buyer of the preneed contract shall be contacted and given an opportunity to either continue the arrangement with the remaining partners or surviving spouse or to demand a refund of the money paid into the interest-bearing escrow or trust account.

If a licensee files for bankruptcy and that bankruptcy involves assets which include preneed contracts and bank accounts, the bankrupt, or the trustee appointed by the court to handle the bankruptcy, shall:

(1)

Notify the Board of that bankruptcy filing;

(2)

Document to the Board the number of preneed accounts that exist;

(3)

Identify the bank accounts for those preneed documents; and

(4)

Make assurances to the Board that the preneed accounts will be honored.

If a licensee files for bankruptcy, the licensee shall notify the buyer of a preneed contract of the filing and give the buyer an opportunity to terminate the contract and obtain a full refund of the money paid under the preneed contract or to make arrangements to continue the agreement with the bankrupt seller or another seller.

Regulation .09 Irrevocable Trusts.Link Copy Citation

A buyer may establish an irrevocable trust with respect to all or any portion of the payment made under the contract in an interest-bearing, federally insured escrow or trust account held by the seller, but only for the purpose of entitling the buyer to be eligible for current Social Security benefits or for benefits under any other plan that restricts eligibility to those with limited assets.

The seller shall present to the buyer a document establishing the irrevocable trust which provides:

(1)

The appointment of a trustee to sign all necessary papers to effectuate the contract upon the death of the buyer;

(2)

That the disposition of income earned by the trust inures to the benefit of the buyer;

(3)

The transfer of the trust funds, if required; and

(4)

The disposition of the trust funds if:

(a)

The business of the seller is discontinued,

(b)

The seller is unable to perform under the terms and conditions of the preneed contract, or

(c)

The buyer fails to pay the entire contract price before the death of the beneficiary.

The buyer or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a substitute trustee.

If the buyer who sets up an irrevocable trust terminates the preneed contract with the seller, the buyer and seller shall take the following actions:

(1)

The seller shall maintain the funds in trust for the beneficiary until a substitute seller is selected;

(2)

The buyer shall enter into a new preneed contract with the substitute seller; and

(3)

The seller shall transfer the trust funds to the substitute seller for placement in a separate interest-bearing escrow account or trust account.

Notwithstanding the provisions set forth in these regulations, when a buyer terminates the preneed contract, the funds contained in the irrevocable trust may not be returned to the buyer but the seller shall maintain the funds in trust for the beneficiary.

Funds maintained in an irrevocable trust are not counted as assets with respect to the buyer's Social Security benefits, Medical Assistance eligibility, or any other plan which restricts eligibility to those with limited assets.

The seller shall provide in the document establishing a trust the following notice, conspicuously displayed in 10-point boldface type:

Regulation .10 Prohibitions.Link Copy Citation

The following individuals may not enter into a preneed contract with a buyer:

(1)

The owner or director of a corporation license issued by the Board who is not also a licensed mortician, funeral director, or holder of a surviving spouse license;

(2)

A holder of an apprentice license;

(3)

A holder of a courtesy card license; or

(4)

An individual who is not licensed by the Board as a mortician, funeral director, or surviving spouse license holder.

The following individuals may not advertise that they provide preneed contracts:

(1)

The owner or director of a corporation license issued by the Board who is not also a licensed mortician, funeral director, or holder of a surviving spouse license;

(2)

A holder of an apprentice license;

(3)

A holder of a courtesy card license; or

(4)

An individual who is not licensed by the Board as a mortician, funeral director, or surviving spouse license holder.

Chapter 07. Surviving Spouse

Regulation .01 Scope.Link Copy Citation

This chapter establishes standards for the issuance of a surviving spouse license by the State Board of Morticians and Funeral Directors.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the State Board of Morticians and Funeral Directors.

(2)

“Funeral director” means an individual who is licensed by the Board to practice funeral direction.

(3)

“Mortician” means an individual who practices mortuary science.

(4)

“Mortuary science” means:

(a)

To operate a funeral establishment;

(b)

For compensation, to prepare a dead human body for disposition including disinfecting or preserving a dead human body or any of the body's parts by arterial or cavity injection; or

(c)

For compensation, to arrange for or make final disposition of a dead human body.

(5)

“Mortuary science business” means the activities and entity related to providing mortuary science services.

(6)

“Surviving spouse” means the husband or wife who is predeceased by a licensed mortician or funeral director.

Regulation .03 Issuance of a Surviving Spouse License.Link Copy Citation

Upon the death of a licensed mortician or funeral director, the surviving spouse shall:

(1)

Submit to the Board within 30 days of the death of the deceased spouse:

(a)

An application on a form required by the Board;

(b)

Documentation of the spouse's death;

(c)

Evidence that the licensed mortician or funeral director either wholly or partly owned the mortuary science business for which an establishment license was issued;

(d)

Information as to the role that the deceased licensed mortician had in the operation of that business; and

(e)

Any other information requested by the Board to verify either the ownership or operational details of the mortuary science business with which the deceased mortician or funeral director had been associated; and

(2)

Pay a fee pursuant to COMAR 10.29.04.

The Board may not issue a surviving spouse license to a licensed mortician or funeral director.

Regulation .04 Authority of Surviving Spouse License.Link Copy Citation

The surviving spouse license shall authorize the licensee to:

Continue the operation of the mortuary science business of the deceased licensed mortician as it had been operated at the time of the licensed mortician's death; and

Assist with the planning and conducting of funeral services for that mortuary science business.

Regulation .05 Duration of Surviving Spouse License.Link Copy Citation

Subject to the renewal provisions of Regulation .09 of this chapter, a surviving spouse license shall remain effective if the license is used in accordance with Regulation .04 of this chapter.

Regulation .06 Conditions of Issuance of a Surviving Spouse License.Link Copy Citation

The Board may issue a surviving spouse license if the Board receives:

Documentation that the business is to be operated under the direct supervision of a licensed mortician or funeral director;

The name, address, and license number of the mortician or funeral director that will be operating the business;

A written statement from a licensed mortician on a form required by the Board verifying that, if embalming is provided, the licensed mortician will provide direct supervision and perform the embalming or other means of final disposition of dead human bodies on behalf of the mortuary science business requesting the license; and

Documentation that the business continues to be operated in the same manner or mode as it had been operated at the death of the licensed mortician or funeral director.

Regulation .07 Limitations of Surviving Spouse License.Link Copy Citation

A surviving spouse's practice is limited to the conduct of the deceased licensed mortician or funeral director's mortuary business as the mortuary business had been operated during the spouse's lifetime.

Nothing in these regulations precludes the expansion or relocation of the business by a surviving spouse.

Regulation .08 Prohibitions.Link Copy Citation

The surviving spouse is prohibited from using the surviving spouse license to conduct business in any manner contrary to the provisions set forth in this chapter.

The surviving spouse license may not be transferred to another person or to another person's mortuary science business or funeral establishment.

Regulation .09 Leasing Space.Link Copy Citation

The surviving spouse licensee may not be precluded from leasing space in another funeral establishment should the building no longer exist in which the mortuary science business of the deceased licensed mortician or funeral director was conducted.

If space in a funeral establishment is leased, all transactions, stationery, funeral programs, bank or savings and loan records, advertisements, and other documents shall explicitly serve notice to the public that the mortuary science business operated by the surviving spouse is different from the establishment in which the funerals are conducted.

If space in a funeral establishment is leased, the name of the business of the deceased mortician or funeral director shall be used in all advertisements, including obituary notice, with the name and address of the funeral establishment from which the space is leased.

Regulation .10 Renewal.Link Copy Citation

The license of a surviving spouse may be renewed every 2 years if the surviving spouse:

Submits information on the form required by the Board;

Pays the renewal fee required by the Board pursuant to COMAR 10.29.04; and

Complies with the requirements under Health Occupations Article, Title 7, Annotated Code of Maryland.

Chapter 08. Courtesy Card

Regulation .01 Scope.Link Copy Citation

These regulations govern courtesy cards for those licensed to practice mortuary science in other states or countries who wish to transport bodies from Maryland to their states or countries of licensure or from their states or countries of licensure to Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the Board of Morticians and Funeral Directors.

(2)

“Committal service” means a ritual conducted at the graveside or crematory following a funeral held at a location other than a cemetery or crematory.

(3)

“Courtesy card” means a license issued by the Board to licensed practitioners of mortuary science in other states or countries which allows these practitioners to:

(a)

Remove a dead human body from this State and return the body to another state or country;

(b)

Return a dead human body from another state or country to this State for final disposition;

(c)

Fill out the family history portion of the death certificate;

(d)

Sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science without the assistance of or being under the supervision of a Maryland licensed mortician or funeral director; and

(e)

Participate in committal services in Maryland without the assistance of a Maryland mortician or funeral director.

(4)

“Graveside funeral service” means a program or ritual conducted at the cemetery or crematory on behalf of a dead human body instead of one conducted at a funeral home or place of worship.

Regulation .03 Requirements for Courtesy Card.Link Copy Citation

An individual already licensed in another state or country to practice mortuary science may apply to the Board for a courtesy card.

An individual licensed to practice mortuary science from another state or country, and who is seeking a courtesy card issued by the Board, shall fulfill the following requirements:

(1)

Complete an application on a form provided by the Board;

(2)

Have the state or country where the individual is licensed certify, by affixing the seal of that state or country on the completed application, that the applicant is a licensee in good standing in that state or country; and

(3)

Submit the completed, certified application form along with the fee specified in COMAR 10.29.04.

Regulation .04 Authority of Courtesy Card.Link Copy Citation

Upon issuance of a courtesy card by the Board, the courtesy cardholder is authorized to:

Complete the family history portion of the death certificate and file it with the local health department or Maryland Department of Health;

Complete any other forms, including the burial transit permit, incident to the disposition of a dead human body;

Transport an embalmed or unembalmed body from the state or country of licensure to Maryland for interment or cremation without the assistance of or under the direction of a Maryland mortician or funeral director;

Transport an embalmed or unembalmed body from Maryland to the state or country of licensure for interment or cremation without the assistance of or under the direction of a Maryland mortician or funeral director; and

Conduct a committal service without the assistance of or under the direction of a Maryland mortician or funeral director.

Regulation .05 Fee for Courtesy Card.Link Copy Citation

The fee for a courtesy card, as specified in COMAR 10.29.04, is nonrefundable and shall be prorated according to a schedule set by the Board.

Regulation .06 Requirements for Renewal of Courtesy Card.Link Copy Citation

To renew a current courtesy card, the courtesy cardholder shall:

Complete a renewal application form provided by the Board;

Pay the renewal fee as specified in COMAR 10.29.04.

Regulation .07 Prohibitions.Link Copy Citation

The holder of a courtesy card may not:

Transfer the card to another individual;

Own a funeral business in Maryland unless the courtesy cardholder is also an owner of or director in a corporation whose license is issued by the Board; or

Except for the requirements listed in Regulation .04 of this chapter, perform any of the acts related to the practice of mortuary science in Maryland including, but not limited to:

(1)

Arranging for funerals;

(2)

Conducting funerals in Maryland, including graveside services;

(3)

Advertising as a practitioner of mortuary science services in Maryland;

(4)

Signing contracts for funeral services in Maryland; or

(5)

Preparing deceased human remains in Maryland for disposal.

Chapter 09. Requirements for Apprenticeship

Regulation .01 Scope.Link Copy Citation

This chapter sets forth specific criteria which an apprentice shall meet before becoming a licensed mortician or funeral director in Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Apprentice” means an individual licensed by the Board who assists and is employed at the same licensed Maryland establishment as the sponsor of the apprentice, and is under the direct supervision of a licensed Maryland mortician or funeral director.

(2)

“Apprentice sponsor” means a mortician or funeral director who:

(a)

Has been in good standing with the Board for the previous 5 years;

(b)

Has been practicing mortuary science as a licensed mortician or funeral director in Maryland at least 5 years immediately before accepting the apprentice;

(c)

Manages, owns, or is employed by a licensed funeral establishment in Maryland in which the licensed apprentice is employed;

(d)

Is responsible for the direct supervision of 1,000 hours of work with the apprentice; and

(e)

Assumes responsibility on their individual license for the delegate or apprentice’s conduct, whether it is consistent or fails to be consistent with the professional standards and provisions set forth in Health Occupations Article, Title 7, Annotated Code of Maryland.

(3)

“Board” means the State Board of Morticians and Funeral Directors.

(4)

“Committal services” means a ritual conducted at the graveside or crematory following a funeral held at a location other than a cemetery or crematory.

(5)

“Delegate” means a licensed mortician or a licensed funeral director employed by the same licensed funeral establishment as the apprentice sponsor and to whom the apprentice sponsor delegates direct supervision.

(6)

“Direct supervision” has the same meaning as in Health Occupations Article, §7-306(e)(3), Annotated Code of Maryland.

(7)

“Graveside services” means any program or rituals conducted at the cemetery or crematory on behalf of a decedent instead of one conducted at a funeral home or place of worship.

(8)

“Licensed apprentice” means an apprentice who is licensed by the Board to assist the apprentice sponsor or a licensee delegated by the sponsor to provide direct supervision.

(9)

“Licensed funeral director” means a funeral director who is licensed by the Board to practice all aspects of mortuary science except embalming.

(10)

“Licensed mortician” means a mortician who is licensed by the Board to practice mortuary science.

Regulation .03 Requirements of Apprenticeship.Link Copy Citation

To meet the apprentice requirements set forth in Health Occupations Article, §7-306, Annotated Code of Maryland, an applicant for a mortician’s or funeral director’s license shall be:

(1)

Employed in the same Maryland establishment as the applicant’s sponsor or the sponsor’s delegate; and

(2)

Serve under the direct supervision of the applicant’s sponsor or the sponsor’s delegate.

Applicants shall obtain practical experience in funeral service arrangements, including:

(1)

20 funeral directions, including at least four of each of the following:

(a)

A pre-need arrangement;

(b)

An at-need arrangement for burial;

(c)

A cremation arrangement; and

(d)

A cemetery transfer with a service; and

(2)

1,000 hours worked under the direct supervision of the apprentice sponsor or the sponsor’s delegate.

An applicant for a mortician’s license shall obtain practical experience in funeral service arrangements consisting of:

(1)

Participation in the activities outlined in §B of this regulation; and

(2)

20 embalmings under the direct supervision of the sponsor or the sponsor’s delegate.

Regulation .04 Documentation.Link Copy Citation

An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a mortician’s license:

(1)

Certified transcripts of completion of educational requirements as set forth in Health Occupations Article, §7-306, Annotated Code of Maryland;

(2)

On the mortician application form provided by the Board, evidence of participation in:

(a)

20 embalming assists with corresponding copies of the filed death certificates for the embalmed human remains; and

(b)

20 funeral direction assists, as specified in Regulation .03B(1) of this chapter, with a corresponding published notice of the service for each of the at least 20 decedents and a copy of the filed death certificate;

(3)

A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of 1,000 hours worked under the direct supervision of the apprentice sponsor;

(4)

Embalming reports signed by the apprentice and apprentice sponsor to document the apprentice’s participation in 20 embalmings; and

(5)

Documentation on a form provided by the Board and signed by the apprentice and apprentice sponsor or the sponsor’s delegate of participation in at least four of each of the following:

(a)

A pre-need arrangement;

(b)

An at-need arrangement for burial;

(c)

A cremation arrangement; and

(d)

A cemetery transfer with a service.

An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a funeral director’s license:

(1)

Certified transcripts of completion of educational requirements as set forth in Health Occupations Article, §7-306, Annotated Code of Maryland;

(2)

On the funeral director application form provided by the Board, evidence of participation in 20 funeral assists; and

(3)

A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of:

(a)

20 funeral directions, including at least four of each of the following:

(i)

A pre-need arrangement;

(ii)

An at-need arrangement for burial;

(iii)

A cremation arrangement; and

(iv)

A cemetery transfer with a service; and

(b)

1,000 hours worked under the direct supervision of the apprentice sponsor or sponsor’s delegate.

Regulation .05 Embalming Requirements for Mortuary Science Apprenticeship.Link Copy Citation

If the apprentice sponsor has more than one apprentice, unless otherwise approved by the Board, only one apprentice may receive credit on the same human remains if more than one apprentice assisted the apprentice sponsor.

Applicants for an apprenticeship who are studying to be funeral directors are exempt from the practical aspects of embalming.

Regulation .06 Commencement of Apprenticeship.Link Copy Citation

The apprentice and the apprentice sponsor or sponsors shall appear before the Board and receive the Board’s approval of the apprenticeship before the apprenticeship commences.

The apprentice and the apprentice sponsor shall sign an agreement with the Board to adhere to the conditions and requirements of apprenticeship before the apprenticeship commences.

The apprentice may have no more than two sponsors who shall attest to the Board what each sponsor is responsible for teaching the apprentice.

The apprentice sponsor shall assume responsibility on their individual license for the delegate or apprentice’s conduct, whether it is consistent or fails to be consistent with the professional standards and provisions set forth in Health Occupations Article, Title 7, Annotated Code of Maryland.

Regulation .07 Termination of Apprenticeship.Link Copy Citation

The sponsor and the apprentice shall submit a notarized statement indicating the:

(1)

Name of each decedent for whom a funeral arrangement was conducted in which the apprentice assisted;

(2)

Date of each assisted funeral arrangement;

(3)

Name of each decedent for whom an embalming was conducted in which the apprentice who is studying to be a mortician assisted; and

(4)

Date of each assisted embalming.

In order for an apprentice to receive credit for the required funeral assists and embalmings, the apprentice shall submit a notarized statement to the Board which reflects the number of assisted funeral arrangements and assisted embalmings completed within 30 days of termination of the apprenticeship to the Board.

In order for the apprentice studying to be a funeral director to receive credit for the required funeral assists, the apprentice shall submit a notarized statement to the Board which reflects the number of assisted funeral arrangements completed within 30 days of termination of the apprenticeship.

Documentation by the apprentice and apprentice sponsor shall be independently submitted to the Board within 30 days of the date of termination of the apprentice sponsor and apprentice relationship as noted in Health Occupations Article, §7-306(c)(4), Annotated Code of Maryland.

The Board shall maintain the documentation of apprenticeship requirements for 3 years after the date of termination as noted in §B of this regulation and apply the apprenticeship requirements to the individual seeking a mortician's license.

After 3 years from the date of submission of the documentation by the apprentice to the Board, the Board may not apply credit for the apprenticeship unless an individual petitions the Board to do so citing unusual circumstances which the Board may decide on a case-by-case basis.

Regulation .08 Laws and Regulations.Link Copy Citation

All licensed apprentices shall become competent in the knowledge of Maryland and federal laws and regulations as they apply to the funeral profession.

Regulation .09 Waiver of Apprenticeship Requirements.Link Copy Citation

A mortician or funeral director who is licensed by another state and who is in good standing with the state of licensure may apply in writing to the Board for a waiver of the examination and apprenticeship requirements under Health Occupations Article, §7-303, Annotated Code of Maryland.

The Board may issue a mortician or funeral director license to an applicant who is licensed to practice mortuary science or funeral direction in any other state if the applicant:

(1)

Is a licensed mortician, funeral director, or other equivalent health care occupation in good standing and has practiced continuously in the state of licensure as a mortician for at least 5 years preceding the waiver request;

(2)

Serves an apprenticeship consisting of at least 1,000 hours in Maryland and documents that apprenticeship to the Board, or has served an apprenticeship of at least 1,000 hours in the applicant's state of initial licensure;

(3)

Passes the Maryland law portion of the written examination administered by the Board; and

(4)

Pays the fees required as specified in COMAR 10.29.04.

The Board may grant a waiver only if the state in which the applicant is licensed:

(1)

Grants a similar waiver to Maryland licensees; and

(2)

Has standards for a mortician or funeral director license that are not lower than those of this State.

Regulation .10 Change in the Apprenticeship.Link Copy Citation

If the apprentice sponsor and apprentice relationship changes, both the apprentice and the apprentice sponsor shall notify the Board of the termination of the apprenticeship in writing and document to the Board in affidavit form the number of hours worked and the funeral arrangements and embalming assists participated in by the apprentice as of the date of termination as noted in Regulation .07 of this chapter.

If the apprentice obtains a new sponsor, both the apprentice and the new sponsor shall appear before the Board to obtain approval of the apprenticeship before the apprenticeship commences.

Regulation .11 General Requirements.Link Copy Citation

Education.

(1)

The applicant shall submit to the Board a certified copy of a high school diploma, G.E.D., or a certified transcript of any post high school degree received.

(2)

Before an applicant appears before the Board for approval of an apprentice license, the applicant 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 or higher grade point average that is verified with a certified copy of the college transcript, if the applicant has a grade point average.

(3)

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.

(4)

The applicant shall appear before the Board with a sponsor who:

(a)

Holds a current valid mortician or funeral director license in Maryland; and

(b)

Is employed by the same funeral home that employs the apprentice.

Except as otherwise provided for in Regulation .12 of this chapter, the mortician's apprentice shall obtain an Associate of Arts (AA) Degree in Mortuary Science or its equivalent from a school recognized by the Board within 3 years of commencing the apprenticeship.

Except as otherwise provided for in Regulation .12 of this chapter, the funeral director's apprentice shall obtain an Associate of Arts (AA) degree in funeral service or its equivalent from a school recognized by the Board within 3 years of commencing the apprenticeship.

The 3 years of apprenticeship shall consist of:

(1)

The initial year of apprenticeship licensure; and

(2)

Two consecutive apprenticeship licensure renewals.

The applicant shall:

(1)

Apply for apprenticeship on the form required by the Board; and

(2)

Pay the fee as specified in COMAR 10.29.04.

Regulation .12 Renewals and Extensions.Link Copy Citation

An apprentice may renew the apprenticeship license by submitting a renewal application on the form required by the Board.

An apprentice may renew the apprenticeship license annually for not more than 2 consecutive years.

If after 4 years, consisting of the initial license as an apprentice and two consecutive renewals, the apprentice has not completed the requirements of the apprenticeship, the apprentice may submit to the Board a written request for an extension which the Board may grant upon good cause shown.

If the apprentice fails to obtain the AA degree in mortuary science or an AA degree in funeral service from a school recognized by the Board or fails to meet any other apprenticeship requirements specified in this chapter within 3 years of the commencement of the apprenticeship, the apprentice may apply for an extension of the apprenticeship which the Board may grant for good cause shown.

The Board may not grant more than two extensions to an apprentice.

An apprentice requesting a renewal or extension of the apprenticeship shall pay the fee specified in COMAR 10.29.04 to the Board.

An apprentice requesting an extension shall submit a copy of the transcript from the mortuary science course, funeral service course, or school of higher education to verify pursuit of the educational requirement.

An apprentice who has allowed the apprentice's apprenticeship license to lapse for more than 6 months from the expiration date on the license and who desires to resume the apprenticeship shall appear before the Board with the sponsor and provide documentation of the:

(1)

Reasons for allowing the apprenticeship license to lapse; and

(2)

Requirements of apprenticeship which have been met to date.

The Board may approve a new period of apprenticeship crediting the number of hours worked and the funeral or embalming assists earned under the prior apprenticeship to the new apprenticeship.

Regulation .13 Examinations.Link Copy Citation

An apprentice may take the examination administered by the Board at any time during the apprenticeship.

Regulation .14 Prohibitions.Link Copy Citation

An apprentice may not assist a mortician or funeral director unless both individuals have current licenses.

An apprentice may participate in making funeral arrangements with the sponsor or the sponsor’s delegate, but may not make funeral arrangements, including pre-need funeral arrangements, embalm human remains, or conduct funerals, including graveside or committal services, unless the apprentice is under the direct supervision of the sponsor or the sponsor’s delegate.

An apprentice may not sign a funeral establishment contract.

An apprentice may not advertise as a provider of funeral services in Maryland.

An apprentice may not sign at-need contracts.

A sponsor may not sponsor more than two apprentices at the same time.

Chapter 10. Monetary Penalties

Regulation .01 Scope.Link Copy Citation

These regulations establish standards for the imposition of penalties not exceeding $5,000 against any mortuary science practitioner licensee in the State if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §7-316, Annotated Code of Maryland, to suspend or revoke a license.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the State Board of Morticians and Funeral Directors.

(2)

“Licensee” means, unless the context requires otherwise, a holder of a license issued by the Board to practice mortuary science in Maryland to the extent permitted under Health Occupations Article, Title 7, Annotated Code of Maryland.

(3)

“Penalty” means monetary fine.

Regulation .03 Imposition of Penalties on Licensees.Link Copy Citation

A penalty of not less than $100 or more than $2,500 may be imposed by the Board on a licensee found in violation of any of the following:

(1)

Advertising falsely;

(2)

Advertising in a misleading manner;

(3)

Employing, paying, or offering to pay an individual to obtain business, either in general or for a particular mortician, funeral director, surviving spouse, or funeral establishment.

(4)

Directly or indirectly paying or offering to pay to obtain mortuary science business;

(5)

Soliciting or accepting any payment or rebate for recommending any crematory, mausoleum, or cemetery;

(6)

Soliciting or accepting 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.

(7)

Selling or offering 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.

(8)

Practicing mortuary science under a name other than the name:

(a)

That appears on the license of that person; or

(b)

Of a partnership in accordance with Health Occupations Article, §7-401, Annotated Code of Maryland; or

(9)

Violating any provision of Health Occupations Article, §7-316(a)(18), Annotated Code of Maryland.

(10)

Violating any regulation adopted by the Board.

A penalty of not less than $200 or more than $3,500 may be imposed by the Board on a licensee found in violation of any of the following:

(1)

Soliciting 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;

(2)

Refusing to surrender custody of a dead human body on the demand of a person who is entitled to its custody;

(3)

Failing to give the written statement required by Health Occupations Article, §7-404, Annotated Code of Maryland, at the time funeral arrangements are made;

(4)

Violating any State, municipal, or county law, rule, or regulation on the handling, custody, care, transportation, or the disposal of dead human bodies, as required by Health Occupations Article, §7-316(a)(15), Annotated Code of Maryland;

(5)

Signing 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;

(6)

Is disciplined by a licensing or disciplinary authority of any other state or county 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;

(7)

Willfully failing to file or record a report as required under law;

(8)

Willfully impeding or obstructing the filing or recording of a report;

(9)

Inducing another to fail to file or record the report;

(10)

Providing professional services while:

(a)

Under the influence of alcohol; or

(b)

Using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication; or

(11)

Failing to allow an inspection under Health Occupations Article, §7-205(8), Annotated Code of Maryland.

A penalty of not less than $500 or more than $5,000 may be imposed by the Board on a licensee found in violation of any of the following:

(1)

Fraudulently or deceptively obtaining or attempting to obtain a license for the applicant or licensee or for another;

(2)

Fraudulantly or deceptively using a license;

(3)

Committing fraud or misrepresentation in the practice of mortuary science;

(4)

Conviction of or plea of guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether any appeal or other proceeding is pending to have the conviction or plea set aside;

(5)

Aiding or abetting an unauthorized person in the practice of mortuary science;

(6)

Failing, after proper demand, to refund promptly any payments received under a preneed contract;

(7)

Willfully making or filing a false report or record in the practice of mortuary science;

(8)

Submitting a false statement to collect a fee;

(9)

Being professionally, physically, or mentally incompetent;

(10)

Committing an act of unprofessional conduct in the practice of mortuary science;

(11)

Refusing, withholding from, denying, or discriminating 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 positive;

(12)

Except in an emergency life-threatening situation where it is not feasible or practicable, failing to comply with the Centers for Disease Control's guidelines on universal precautions;

(13)

Failing to comply with inspection requirements in the time specified by the Board; or

(14)

Sexual misconduct that includes, but is not limited to:

(a)

Sexual behavior with a consumer in the context of a professional service to the consumer, regardless of the setting in which the professional service is rendered;

(b)

Sexual behavior with a consumer of funeral services under the pretext of a benefit;

(c)

Solicitation of a sexual relationship, whether consensual or nonconsensual, with a consumer of funeral services;

(d)

Sexual advances requesting sexual favors;

(e)

Inappropriate or intentional touching of a sexual nature;

(f)

A verbal comment of a sexual nature;

(g)

Physical contact of a sexual nature with a consumer of funeral services;

(h)

Discussion of unnecessary sexual matters while providing funeral services;

(i)

The taking of photographs of consumers of funeral services for a sexual purpose;

(j)

Sexual harassment of staff or students;

(k)

An unnecessary sensual act or comment; or

(l)

Sexual contact with an incompetent or unconscious consumer of funeral services.

Regulation .04 Factors to be Considered in the Assessment of a Penalty.Link Copy Citation

In those cases in which the Board determines that the imposition of a penalty is appropriate, the Board shall take into consideration the following factors, without limitations, in determining the amount of penalty:

The extent to which the licensee derived any financial benefit from unprofessional or improper conduct;

The willfulness of the unprofessional or improper conduct;

The extent of actual or potential public harm caused by the unprofessional or improper conduct; and

The cost of investigating and prosecuting the case against the licensee.

Regulation .05 Payment of a Penalty.Link Copy Citation

A licensee shall pay to the Board a penalty imposed under these regulations as of the date the Board's order is issued, unless the Board's order specifies otherwise.

Filing an appeal under State Government Article, §10-215, Annotated Code of Maryland, or Health Occupations Article, §7-320, Annotated Code of Maryland, does not automatically stay imposition of a penalty imposed by the Board pursuant to these regulations.

If a licensee fails to pay, in whole or in part, a penalty imposed by the Board pursuant to these regulations, the Board may not restore, reinstate, or renew a license until the penalty has been paid in full.

In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Fiscal Planning to institute and maintain proceedings to ensure prompt payment.

The Board shall pay all monies collected pursuant to these regulations into the State's General Fund.

Chapter 11. Complaint Procedures

Regulation .01 Scope.Link Copy Citation

This chapter applies to the handling of all complaints against licensees of the State Board of Morticians and Funeral Directors.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Act” means Health Occupations Article, Title 7, Annotated Code of Maryland.

(2)

“Board” means the Board of Morticians and Funeral Directors.

(3)

“Cease and desist letter” means a letter commanding an individual to stop engaging in certain prohibited activities under the Act.

(4)

“Committee” means the Complaint Committee of the Board, which includes at least one mortician member of the Board and at least one consumer member of the Board, and which is assisted by Board counsel provided by the Attorney General’s Office and Board administrative personnel.

(5)

“Complaint” means a report of a potential violation during the performance of mortuary services against an individual licensed by the Board.

(6)

“Complainant” means an individual who files a complaint with the Board.

(7)

“Confidential” means that neither the complaint nor resolution of it by the Board may be released to the public, including to the complainant, pursuant to General Provisions Article, §4–333, Annotated Code of Maryland.

(8)

“Consent order” means a written agreement reached by the licensee and the Board as a result of a prehearing conference which sets forth the terms and conditions regarding the licensee’s ability or inability to practice and is subject to release to the public, pursuant to General Provisions Article, §4–333, Annotated Code of Maryland.

(9)

“Disposition agreement” means a confidential agreement entered into between the Board and the licensee whereby the Board agrees to resolve the matter after the filing of charges in return for the licensee's agreeing to meet certain specified terms and conditions which remain a permanent part of the licensee's record and can be used in considering sanction should further disciplinary action be required.

(10)

“Educational letter” means a dismissal notice which specifically sets forth in an instructive manner the areas of the licensee's practice which require improvement and which, when applicable, includes a warning that any further complaints for the same or similar activities may result in disciplinary charges under the Act.

(11)

“Informal meeting” means a voluntary meeting of the Board and the licensee, either on the licensee's own initiative or on the Board's initiative, following notice to the licensee regarding the precise purpose of the meeting in the context of an ongoing investigation or inquiry.

(12)

“Jurisdiction” means within the Board's authority as set forth in the Act.

(13)

“Letter of admonishment” means a letter which sets forth that the:

(a)

Board has probable cause to charge the licensee with a violation of a specific provision of the Board's Act;

(b)

Licensee is admonished and ordered to cease and desist from all further activities in violation of its Act; and

(c)

Letter will become part of the licensee's permanent record with the Board but will be treated as part of the confidential record maintained by the Board on the licensee and can be considered in determining sanctions for any subsequent violation of the Act.

(14)

“Letter of dismissal” means a letter from the Board advising the licensee that:

(a)

The investigation into the allegations raised has been closed;

(b)

Violations were not found; and

(c)

The information obtained during the course of the investigation will be treated as a confidential record of the licensee maintained by the Board.

(15)

“Letter of surrender” means an agreement between the Board and licensee whereby the Board specifies the terms for the complete and unequivocal surrender of the licensee's license and right to practice mortuary science.

(16)

“Licensee” means an individual licensed by the Board of Morticians and Funeral Directors against whom a complaint has been filed.

(17)

“Mortuary services” means any service provided to a decedent or their family that requires any license issued by the Board.

Regulation .03 Filing of Complaint.Link Copy Citation

A complaint may come to the Board by any means from the public or a Board member.

A complaint received by the Board shall be recorded on a complaint log.

When the complaint to the Board against a licensee is filed, the complaint will be completed on a form devised by the Board and according to the instructions provided.

In an emergency situation the Board may act upon a complaint received by telephone if that complaint is followed up in writing.

The Board may also act upon a complaint signed by a Board member if the complaint is recorded on the log and the Board member refrains from further participation in the discussion or vote in the matter.

Regulation .04 Disposition of Complaint by Complaint Committee.Link Copy Citation

Upon receipt of a complaint, the administrative personnel shall present the complaint to the Complaint Committee of the Board.

The Committee shall review the complaint and make a determination as to whether the complaint falls within the Board's jurisdiction.

If the Committee determines that the complaint does not fall within the Board’s jurisdiction, the determination shall be reported to the Board at its next regularly scheduled Board meeting. If the Board concurs with the recommendation of the Committee, the Board shall vote to close the complaint with no Board action.

If the Board determines that the complaint falls under the jurisdiction of another agency, the Board staff shall refer the complaint to the appropriate agency.

If the Committee determines that the complaint would fall within the Board’s jurisdiction, the Board shall vote to open the complaint for investigation.

The Committee shall review the licensee's response or report and make a recommendation to the Board for disposition of the case. The Committee may request that:

(1)

Supplemental information be obtained;

(2)

A supplemental investigation be conducted; or

(3)

Clarification of the responses or report be received.

The complaint committee shall, by a majority of the members present at a regularly scheduled Committee meeting, make a recommendation to the Board based on the following actions:

(1)

That the Board take informal action by issuing one of the following:

(a)

Cease and desist letter;

(b)

Educational letter;

(c)

Informal meeting;

(d)

Letter of admonishment; or

(e)

Letter of dismissal; or

(2)

That the Board take formal action by voting to charge the licensee with a violation of the Act and subsequently making a referral of the case to the Attorney General's Office for prosecution.

Regulation .05 Board Action on Complaints.Link Copy Citation

The Board, upon receipt of the Committee's recommendations, shall take one of the following actions:

(1)

Accept the Committee's recommendations;

(2)

Accept the Committee's recommendation with modifications; or

(3)

Reject the Committee's recommendations with instructions.

If the Board refers a case to the Attorney General's Office for prosecution, a liaison shall be assigned to assist the prosecutor with the preparation of the charges.

Upon receipt of the charges prepared by the prosecutor, the Board shall vote to ratify the charge document.

After a prehearing conference or a hearing on the charges, the Board may vote to:

(1)

Discuss the complaint or any sections of the charges;

(2)

Find no violation;

(3)

Find a violation and issue a disposition agreement;

(4)

Issue a cease and desist order;

(5)

Issue a reprimand;

(6)

Place a licensee on probation, with or without conditions;

(7)

Charge a monetary penalty;

(8)

Issue a suspension of the licensee;

(9)

Revoke a license; or

(10)

Combine any of the above.

In addition, following the Board’s vote, the Board shall issue a written document regarding the action taken. All of these documents will be sent to the licensee. The Board shall notify the complainant of the resolution of the complaint, as permitted by General Provisions Article, §4–333, Annotated Code of Maryland.

Regulation .06 Confidentiality.Link Copy Citation

A disposition agreement remains confidential and may only be released to the public if the licensee is found guilty of a violation of a provision of the agreement or subsequent violation of the Act, after a hearing, pursuant to Health Occupations Article, §7-319, Annotated Code of Maryland.

An educational letter and a letter of admonishment is treated as a confidential record maintained by the Board on the licensee.

Chapter 12. Advertising

Regulation .01 Scope.Link Copy Citation

This chapter governs advertising by all persons licensed by the Board of Morticians and Funeral Directors in Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Advertising” means calling to the attention of the public the services one has to offer.

(2)

“Board” means the Board of Morticians.

(3)

Licensee.

(a)

“Licensee” means a licensed mortician, funeral director, or a surviving spouse license holder who holds a current license to practice mortuary science in Maryland.

(b)

“Licensee” may mean a funeral establishment in some instances.

Regulation .03 Advertising.Link Copy Citation

A licensee may:

(1)

Advertise mortuary science services subject to the provisions of this regulation;

(2)

Use the initials LM or LFD after their name to indicate that the licensee is authorized to practice mortuary science or funeral direction as a:

(a)

Licensed mortician (LM); or

(b)

Licensed funeral director (LFD); and

(3)

Represent to the public that the licensee is a:

(a)

Licensed mortician (LM); or

(b)

Licensed funeral director (LFD).

An advertisement may not contain statements:

(1)

Containing misrepresentation of facts;

(2)

Likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;

(3)

Intended to or likely to create false or unjustified expectations of favorable results;

(4)

Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to laypersons;

(5)

Conveying the impression that the licensee could influence improperly any public body, official, corporation, or person on behalf of the public;

(6)

Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be deceived;

(7)

Containing representations that the licensee is willing to provide services which are illegal under the laws or regulations of Maryland or the United States; or

(8)

That fail to state that the licensee is licensed to practice mortuary science in Maryland.

A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.

A funeral establishment may advertise that it is able to provide preneed services as specified in Health Occupations Article, Title 7, Annotated Code of Maryland.

Regulation .04 Solicitation.Link Copy Citation

A licensee may not engage in solicitation, including, but not limited to, in-person, telephone, or direct mail solicitation which:

(1)

Amounts to fraud, undue influence, intimidation, or overreaching; or

(2)

Contains statements which would be improper under Regulation .03B of this chapter.

A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.

Regulation .05 Prohibitions.Link Copy Citation

A licensee is prohibited from:

(1)

Soliciting mortuary science business from a dying individual or the relatives of a dying individual other than through general advertising;

(2)

Employing, paying, or offering to pay a person to obtain business, either in general or for a particular mortician, funeral director, surviving spouse, or funeral establishment; and

(3)

Soliciting or accepting payment or rebate for recommending any crematory, mausoleum, or cemetery, suggesting that a dead human body be disposed of there.

Unless licensed by the Board, an individual may not:

(1)

Use the initials LM or LFD after the name of the individual to indicate that the individual is authorized to practice mortuary science or funeral direction as a:

(a)

Licensed mortician (LM); or

(b)

Licensed funeral director (LFD); or

(2)

Represent to the public that the individual is a:

(a)

Licensed mortician (LM); or

(b)

Licensed funeral director (LFD).

An apprentice licensee may not advertise the provision of mortuary science services in Maryland.

A courtesy card holder may not advertise the provision of mortuary science services in Maryland.

Regulation .06 Penalties for Violation.Link Copy Citation

A violation of these regulations pertaining to the use of advertising may result in disciplinary action against the licensee under Health Occupations Article, §7-316, Annotated Code of Maryland.

Chapter 13. Rehabilitation Committee

Regulation .01 Scope.Link Copy Citation

This chapter applies to the Rehabilitation Committee of the Board of Morticians and Funeral Directors.

The President of the Board shall appoint the Rehabilitation Committee members.

The Rehabilitation Committee is a panel which consists of a licensee member and a consumer member of the Board assisted by administrative staff and Board Counsel.

The Rehabilitation Committee shall:

(1)

Determine where meetings are held and the frequency of the meetings;

(2)

Keep confidential minutes and maintain those minutes in a confidential file at the Board office; and

(3)

Review and approve the procedures established by the Rehabilitation Committee.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the Board of Morticians and Funeral Directors.

(2)

“Committee” means the Rehabilitation Committee of the Board.

(3)

“Formal agreement” means a written agreement between the Committee and the practitioner that lists:

(a)

The individual requirements for the practitioner in the program; and

(b)

The conditions that shall be met by the practitioner.

(4)

“Impaired practitioner” means a licensee who is not capable of practicing mortuary science competently and is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(5)

“Practitioner” means a licensed apprentice, funeral director, mortician, or surviving spouse.

(6)

“Program” means the treatment and rehabilitation plan established by the Committee and agreed upon by the practitioner.

(7)

“Treatment entity” means a licensed health care provider or licensed center for the evaluation, care, or rehabilitation, or all of these, of an impaired practitioner.

Regulation .03 Functions.Link Copy Citation

The Committee, without cost to the Board, shall provide appropriate rehabilitative assistance to impaired practitioners.

The Committee shall:

(1)

Make an initial review of the nature of the practitioner's impairment to determine an appropriate course of action;

(2)

Review documentation pertinent to the impairment which has been made available to the Committee;

(3)

Make appropriate referrals for:

(a)

Evaluation;

(b)

Treatment; or

(c)

Rehabilitation; and

(4)

Design, or request a treatment entity to design, a program that is generally accepted by an insurer which allows an impaired practitioner to practice mortuary science in a competent manner.

Regulation .04 Criteria.Link Copy Citation

Admission to the program may be the result of:

(1)

Self-referral;

(2)

Formal complaint; or

(3)

Referral by the Board.

If participation in the program is a result of a voluntary action by an impaired practitioner, which results in a formal agreement with the Committee to undergo a course of treatment or rehabilitation, the Committee shall report to the Board only noncompliance with the agreement.

The Committee may not report to the Board those impaired practitioners who self-refer or who come to the attention of the Committee by a formal complaint if those practitioners comply with the formal agreement or program.

The Committee shall report to the Board any noncompliance with the treatment program, if the Board referral is the result of a public or nonpublic order or informal discipline imposed by the Board.

The impaired practitioner for whom the program was designed shall pay all costs associated with the evaluation, treatment, and rehabilitation program.

Chapter 14. Compelling Purpose Disclosure

Regulation .01 Scope.Link Copy Citation

This chapter permits the Board to disclose investigative information to other agencies, or other entities, or both, under certain circumstances.

A custodian may disclose information in a licensing or investigative file if the custodian determines that a compelling public purpose exists to warrant disclosure.

Regulation .02 Disclosure for Compelling Public Purpose.Link Copy Citation

The custodian may find that a compelling public purpose warrants disclosure of information in a licensing or investigative file, regardless of whether there has been a request for the information, and may disclose the information under the following circumstances:

The information concerns possible criminal activity, and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;

The information concerns a possible violation of law, and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to information relevant to the possible violation by that individual; or

The information concerns conduct by an individual which the Board reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges.

Regulation .03 Other Disclosures.Link Copy Citation

This chapter does not prevent or limit the ability of the Board to disclose general licensing information as provided in General Provisions Article, §4-333, Annotated Code of Maryland, or any information which the Board may otherwise disclose by law.

Chapter 15. Family Security Trust Fund

Regulation .01 Scope.Link Copy Citation

This chapter governs the collection of fees from licensed funeral establishments for claimants to recover compensation from the Family Security Trust Fund for an actual pre-need trust fund loss that occurred in this State due to theft, embezzlement, false pretenses, forgery, fraud, or misrepresentation by a licensed mortician, funeral director, or holder of a surviving spouse license.

This chapter applies to all preneed contracts entered into by a licensed mortician, funeral director, or a holder of a surviving spouse license with a buyer, including those preneed contracts arranged on behalf of a holder of a corporate license.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Advisory Committee” means a committee comprised of three Board members and a representative from two of the trade associations which is assisted by Board Counsel provided by the Attorney General’s Office and Board Administrative personnel to administer the Fund.

(2)

“Board” means the Maryland State Board of Morticians and Funeral Directors.

(3)

“Claim” means a request filed in writing, under oath, with supporting documentation by a claimant to obtain compensation from the Family Security Trust Fund for a preneed trust fund loss as a result of malfeasance, default, failure, or insolvency of any licensee under Health Occupations Article, §7-4A-06, Annotated Code of Maryland.

(4)

“Claimant” means an individual, or legal representative of the individual who files a claim for loss.

(5)

“Final order” means a public record issued by the Board resolving a contested case either by consent or after an adjudication, which includes findings of fact, conclusions of law, and a disposition which:

(a)

Denies a license;

(b)

Sanctions by reprimand, probation, fine, or suspension or revocation of a license;

(c)

Summarily suspends a license;

(d)

Dismisses charges;

(e)

Surrenders a license; or

(f)

Takes any other action that the Board may do by law.

(6)

“Fund” means the Family Security Trust Fund, a special, nonlapsing, interest bearing account.

(7)

“Preneed contract” means an agreement entered into by a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license with a supervising mortician or a supervising funeral director with a buyer in advance of the death of that individual or beneficiary.

(8)

“Seller” means a licensed mortician or licensed funeral director who agrees to sell certain mortuary sciences services or merchandise in a contractual arrangement between a buyer and a funeral establishment.

Regulation .03 Mandatory Fees.Link Copy Citation

A licensed funeral establishment may not be exempt from the fees outlined in this regulation.

The Board shall send out fee notices to the licensed establishments via first class mail or by any electronic means by September 1.

Annual payments shall be due on November 30 of every year. All active licensed establishments shall be required to pay a fee of $375 to the Family Security Trust Fund.

A late fee of $500 will be assessed on December 1 for any licensed establishment that is delinquent in paying the mandatory contribution to the Fund.

If the establishment does not pay the mandatory fee and the late fee by December 30, the Committee shall refer the delinquent establishments to the Board for formal action to include possible suspension of the supervising mortician license.

In addition to any applicable mandatory late fee, the Board:

(1)

Shall assess a $40 fee for returned checks; and

(2)

May not issue a license until the payment is made, including the late fee if after December 1.

A licensee is not entitled to a refund of its contribution to the Fund.

Mandatory contributions to the Fund may not be prorated.

Regulation .04 The Family Security Trust Fund.Link Copy Citation

The Board shall:

(1)

Collect the mandatory contributions;

(2)

Deposit the funds;

(3)

Track interest; and

(4)

Process claims for loss that occurred on or after January 1, 2010.

All fees shall be deposited with the State Treasurer into a separate account known as the Family Security Trust Fund. The Fund may not be transferred to or revert to the General Fund of the State.

All moneys deposited in the Fund shall be used only for the purposes expressly authorized by Health Occupations Article, §7-04A-05, Annotated Code of Maryland.

The Fund shall accumulate interest income which shall be credited to the Fund.

Once the Fund has accumulated a balance of $1,000,000 the Board shall cease to collect the annual fee.

If the Fund falls below $1,000,000, the Board shall reinstate a fee up to $375 to be assessed by the Board.

The Fund shall be maintained at $1,000,000 principal level plus interest.

The Board may expend monies in the Fund for the following purposes:

(1)

To make reimbursements on approved claims; and

(2)

To pay the expenses of the Board for administering the Fund, including appropriate experts, or legal counsel, accountants, consultants, and agents.

Regulation .05 Filing a Claim.Link Copy Citation

Complaints shall be processed pursuant to COMAR 10.29.11.

The Board shall issue a final order against a licensee for violation involving a transaction that relates to preneed funeral planning that occurred in the State and falls within its jurisdiction.

The claimant shall:

(1)

Complete a claim form devised by the Board;

(2)

Provide a signed preneed contract and copies of documentation of any and all money transactions regarding the preneed contract; and

(3)

Present all claims for losses to the Board within 1 year:

(a)

After the death of the person who is the subject of the preneed contract;

(b)

Upon the discovery by the claimant of the defalcation; or

(c)

At a later date at the discretion of the Board.

The Board shall consider each claim on a case by case basis.

All claims shall be filed with the Fund.

Claims shall be filed in accordance with Health Occupations Article, §§7-4A-07—7-4A-08, Annotated Code of Maryland.

Regulation .06 Hearings.Link Copy Citation

Hearings shall be conducted in accordance with Health Occupations Article, §7-319, Annotated Code of Maryland.

Regulation .07 Restitution.Link Copy Citation

A claimant may receive compensation from the Fund for an actual preneed trust fund loss that occurred on or after January 1, 2010. All payments shall be a matter to be decided by the full Board in its discretion.

Restitution may only be obtained from the Fund if adequate funds are not available from the preneed seller.

The amount of compensation recoverable by a claimant shall be restricted to the actual monetary loss incurred by the claimant.

The President of the Board shall sign claims by designation to appropriate staff for payment from the Fund.

The Board shall order full or partial payment of a claim.

If at any time there are not sufficient funds on hand to pay all claims in full, the Board may, in its discretion, pay the approved claims pro rata or defer payment until such time as adequate funds are available.

The Board shall determine the maximum cumulative amounts which shall be paid in respect to any one claim or multiple claims by a single claimant arising from the same licensee involved in either a client or fiduciary relationship. The percentage of payment on the dollar remains the same for all victims of the same licensee.

Regulation .08 Recovery of Funds.Link Copy Citation

In the event restitution is made to a claimant under this chapter, the Board may bring action to the extent authorized by statute against any person, including a licensee who is determined by the Board to be responsible for the claim.

A licensee found guilty of malfeasance, misfeasance, default, failure, or insolvency may not be considered for reinstatement to an active status until all money paid from the fund is repaid in full, plus interest from the time the payment is made.

Chapter 16. Crematories — Definitions

Regulation .01 Scope.Link Copy Citation

This chapter defines terms used in COMAR 10.29.17 — COMAR 10.29.20.

Regulation .02 Definitions.Link Copy Citation

In COMAR 10.29.17 — COMAR 10.29.20, the following terms have the meanings indicated.

Terms Defined.

(1)

“Advertising” means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly calls to the attention of the public the goods and services one has to offer.

(2)

“Alkaline hydrolysis” means the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.

(3)

“Authorizing agent” means an individual who has legal authority to arrange for and make decisions regarding the final disposition of human remains, including cremation or alkaline hydrolysis.

(4)

“Board” means Board of Morticians and Funeral Directors.

(5)

“Consumer” includes a funeral establishment contracting with a crematory or the authorizing agent of a decedent contracting with a crematory.

(6)

“Cremated human remains” means the recoverable bone fragments of a deceased person that result from the completion of cremation.

(7)

“Cremation” means the disposition of a dead human body by means of incineration.

(8)

“Cremator” means the machinery within which the process of cremation begins.

(9)

“Crematory” means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation, alkaline hydrolysis, or both.

(10)

“Crematory container” means a readily combustible, rigid container in which human remains are sent to the crematory and then placed in the cremator for cremation.

(11)

“Crematory equipment” means either:

(a)

A cremator; or

(b)

A hydrolysis unit.

(12)

“Decedent” means a dead human being.

(13)

“Embalming” means the disinfection and preserving of human remains by arterial or cavity injection or any other type of preservation.

(14)

“Engage in the operation of a crematory” means controlling or managing a crematory.

(15)

“Holding facility” means an area, within or adjacent to a crematory, designed for the retention of human remains before cremation or alkaline hydrolysis.

(16)

Human Remains.

(a)

“Human remains” means:

(i)

The body of a deceased person; or

(ii)

A part of a body or limb that has been removed from a living person.

(b)

“Human remains” includes the body or part of a body or limb in any state of decomposition.

(17)

“Hydrolysis container” means a container, including a body bag, in which human remains are sent to the crematory for alkaline hydrolysis, but the human remains may be removed prior to the start of the process for alkaline hydrolysis.

(18)

“Hydrolysis unit” means the watertight vessel in which the process of alkaline hydrolysis occurs.

(19)

“Hydrolyzed human remains” means the recoverable bone fragments of a deceased person that result from the completion of alkaline hydrolysis.

(20)

“Office” means the Office of Cemetery Oversight.

(21)

“Permit” means a license issued by the Board to allow a person to operate a business which engages in the operation of a crematory or to act as a registered crematory operator.

(22)

“Permit holder” means the holder of a permit issued under Health Occupations Article, Title 7, Annotated Code of Maryland, to operate a crematory or to act as a registered crematory operator.

(23)

“Person” means an individual, personal representative, or a corporation that is the operator of a mortuary science business where the practice of mortuary science is conducted for the corporation by a licensed mortician or funeral director, a partnership, or professional association, each comprised of one or more licensed morticians or funeral directors.

(24)

“Processed human remains” means the end result of pulverization.

(25)

“Pulverization” means the process following cremation or alkaline hydrolysis of crushing, grinding, or milling cremated or hydrolyzed human remains into fine particles or powder, leaving bone fragments reduced to 5 millimeters or less.

(26)

“Registered crematory operator” means an individual registered to operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.

(27)

“Responsible party” means a sole proprietor or the individual designated by a corporation, limited liability company, or partnership, which holds a permit to engage in the operation of a crematory, to be responsible for the operations of the crematory.

(28)

“Sealable container” means a container in which processed human remains can be placed and sealed so as to prevent leakage of the processed human remains or the entry of any foreign material.

Chapter 17. Crematories — Permit, Licensing, and Fees

Regulation .01 Scope.Link Copy Citation

This chapter governs the crematory permit process and fees for persons regulated under Health Occupations Article, Title 7, Annotated Code of Maryland.

Regulation .02 Permit — Issuing Agency.Link Copy Citation

Office of Cemetery Oversight. An individual shall obtain a permit to engage in the operation of a crematory from the Office:

(1)

If the individual:

(a)

Holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland; and

(b)

Owns a greater interest in a crematory than a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland;

(2)

If the person’s ownership interest is equal to the ownership interest in the crematory of a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; or

(3)

If the person who owns the crematory is not:

(a)

A licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; or

(b)

A registrant or permit holder under Business Regulation Article, Title 5, Annotated Code of Maryland.

A permit issued by the Office shall specify whether the crematory is authorized to offer and perform either cremation services, alkaline hydrolysis services, or both.

Board of Morticians and Funeral Directors. A person shall obtain a permit to engage in the operation of a crematory from the Board if the person:

(1)

Is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; and

(2)

Owns a greater interest in a crematory than a person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland.

Before obtaining a permit from the Board, a crematory may cremate or hydrolyze the human remains of one decedent provided the:

(1)

Cremation or hydrolysis is only performed as part of the manufacturer’s operator training course for the cremation machinery or the hydrolysis unit in which the cremation or hydrolysis takes place; and

(2)

The person or persons with the right to final disposition of the decedent are notified and have given permission before the cremation or the alkaline hydrolysis occurs.

Regulation .03 Permit — Requirements for Permit.Link Copy Citation

Subject to approval of the Board, a person shall receive a permit to operate a crematory in this State if the person meets the permit requirements of this chapter.

A person shall:

(1)

Submit an application on a form provided by the Board;

(2)

Pay the non-refundable application fee and any other applicable fees set forth in Regulation .08 of this chapter;

(3)

Be of good moral character if the applicant is an individual;

(4)

Designate a registered crematory operator who shall be responsible for the day-to-day operation of the business provided that the registered crematory operator may not be designated as the responsible party for more than a total of two crematories;

(5)

Provide a certificate of status, issued by the Maryland Department of Assessments and Taxation, if the applicant is a business entity:

(a)

Indicating that the entity is in good standing, or its equivalent as determined by the Board; and

(b)

Dated not earlier than 30 days before the application; and

(6)

Comply with all applicable federal, State, and local laws.

An operating crematory shall apply to the Board for a permit within 90 days from the effective date of this regulation or be subject to Board action.

Before applying to the Board for a permit, any crematory not in operation before the effective date of this chapter shall have in its employ an individual who holds a certification from:

(1)

The Cremation Association of North America (CANA);

(2)

The International Cemetery, Cremation and Funeral Association (ICCFA); or

(3)

Another equivalent body recognized jointly by the Board and the Office.

Regulation .04 Requirements for Registration of a Registered Crematory Operator.Link Copy Citation

An individual may be registered by the Board as a crematory operator if the individual meets the requirements of this regulation.

The permit issued by the Board shall specify whether the individual’s training and registration required by this chapter permits the individual to operate a cremator, an alkaline hydrolysis unit, or both.

An individual shall:

(1)

Submit an application on a form provided by the Board;

(2)

Pay the non-refundable fee and any other applicable fee set forth in Regulation .08 of this chapter;

(3)

Be of good moral character;

(4)

Be 18 years old or older;

(5)

Achieve certification as a crematory operator by the:

(a)

Cremation Association of North America (CANA);

(b)

International Cemetery, Cremation and Funeral Association (ICCFA); or

(c)

Other equivalent certification recognized jointly by the Board and the Office; and

(6)

In the crematory with which the applicant is affiliated:

(a)

Successfully complete the operator training course of the manufacturer of the cremator or the alkaline hydrolysis unit located in the crematory with which the applicant is affiliated; or

(b)

Provide a notarized letter by the supervising crematory operator for which the individual is employed indicating the completion of training on the cremator or the alkaline hydrolysis unit.

To qualify as a trainer, the supervising crematory operator shall have a minimum of 3 years’ experience on the associated cremator or alkaline hydrolysis unit.

Regulation .05 Change of Information.Link Copy Citation

The permit holder or registered crematory operator shall notify the Board of any change in the information provided in the application either before or after the issuance of a permit or registration within a reasonable period of time but not to exceed 7 days from the date of the change.

Regulation .06 Renewals.Link Copy Citation

Before the expiration date of the permit or a registration, a permit holder or a registered crematory operator shall:

(1)

Complete and return the renewal form;

(2)

Pay the non-refundable renewal fee set forth in Regulation .08 of this chapter; and

(3)

Submit any required documentation to the Board.

A person who has a permit or registration as a permit holder or registered crematory operator may renew the permit or registration every 2 years, beginning on a date specified by the Board, in the following manner:

(1)

Complete the renewal application form;

(2)

Pay the non-refundable renewal fee set forth in Regulation .08 of this chapter;

(3)

Meet the permit and registration requirements of this chapter and Health Occupations Article, Title 7, Annotated Code of Maryland; and

(4)

Submit the required documentation.

After the expiration date, if an application for renewal of a permit or registration has not been made or if the individual has been identified by the Office of the Comptroller or the Maryland Department of Labor as delinquent in the payment of taxes or unemployment insurance contributions, pursuant to tax compliance regulations of COMAR 10.31.02 or, pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland, has outstanding child support obligations, the individual may not engage in the operation of a crematory business or act as a registered crematory operator.

An individual who engages in the operation of a crematory business or acts as a registered crematory operator without renewing the required permit or registration is subject to disciplinary action by the Board.

If a permit holder or a registered crematory operator applies for renewal past the expiration date of the permit or registration, the individual shall pay the renewal fee plus the late renewal fee set forth in Regulation .08 of this chapter.

Regulation .07 Lapsed Permit.Link Copy Citation

A person who has been issued a permit and who has allowed the permit to lapse for at least 6 months may apply for a permit by doing the following:

Completing a permit application form;

Paying the permit fee and the late renewal fee set forth in Regulation .08 of this chapter;

Meeting the permit requirements under this chapter;

Submitting the documentation required by this chapter;

Providing a full written explanation to the Board detailing the reasons why the permit was allowed to expire and why a permit is now sought; and

Submitting to the Board an affidavit stating that the person did not engage in the operation of a crematory in this State while the permit was lapsed.

Regulation .08 Fees.Link Copy Citation

The following fees are established by the Board:

Initial permit or registration and renewal fees:

(1)

Crematory permit — $350;

(2)

Registered crematory operator — $300;

(3)

Crematory permit renewal — $350;

(4)

Registered crematory operator renewal — $300; and

(5)

Late fee — $200; and

Miscellaneous fees:

(1)

Replacement of permit or registration — $50;

(2)

Returned check fee — $50;

(3)

Duplicate permit or registration — $50;

(4)

Business name change — $50;

(5)

Personal name change — $50;

(6)

Business address change — $50; and

(7)

Annual pre-need sales trust report — $25.

Regulation .09 Display of Permit.Link Copy Citation

A permit and registration, as well as any other permit or license required by local, State, or federal agencies, shall be conspicuously displayed in a public area on the crematory premises.

Chapter 18. Crematories — Complaints and Disciplinary Procedures

Regulation .01 Scope.Link Copy Citation

This chapter governs crematory inspections, standards, the complaint process, investigations, grounds for discipline, and penalties.

Regulation .02 Inspection by the Board.Link Copy Citation

A crematory shall be available for inspection by a representative of the Board at any time during operating hours.

A crematory shall be inspected:

(1)

On at least a biennial basis;

(2)

In furtherance of an investigation; or

(3)

Upon the sale or change of ownership of the crematory.

The permit holder or any person responsible for day-to-day operation of the cremation machinery or the alkaline hydrolysis unit shall be available to accompany the inspector during the inspection and sign the initial inspection report.

A copy of the inspection report shall be provided to the permit holder or the registered crematory operator responsible for the day-to-day operation of the crematory.

A crematory shall maintain the following minimum standards:

(1)

The premises shall be maintained in a sanitary manner to comply with Centers for Disease Control’s guidelines on universal precautions;

(2)

Except by express written consent of the authorizing agents to perform simultaneous, multiple cremations or alkaline hydrolyses, there may not be more than one human body cremated or hydrolyzed simultaneously in a single cremator or alkaline hydrolysis unit at a time;

(3)

A cremator or an alkaline hydrolysis unit shall be completely cleaned after each cremation or alkaline hydrolysis;

(4)

There may not be co-mingling of human remains and pet remains in:

(a)

Refrigeration units;

(b)

Cremators; or

(c)

Alkaline hydrolysis units;

(5)

Separate cremators or alkaline hydrolysis units shall be dedicated for the cremation or alkaline hydrolysis of human remains and the cremation or alkaline hydrolysis of pets;

(6)

Except as provided in §E(2) of this regulation, there may not be:

(a)

Co-mingling mingling of processed human remains with other processed human remains or pet remains;

(b)

Scooping of processed human remains from a bucket containing co-mingled processed human remains

(c)

Any form of misrepresentation in the return of processed human remains;

(7)

Excluding a deceased person with a known communicable infection, human remains shall be properly identified before cremation or alkaline hydrolysis by verifying that the documentation accompanying the human remains is consistent with a visual observation of the human remains;

(8)

Burial transit permit shall be an original document pertaining to the deceased;

(9)

Each crematory shall have:

(a)

A sink with hot and cold water within the work area housing the crematory equipment; and

(b)

The tools necessary to thoroughly clean the floor within the work area housing the crematory equipment with water and an appropriate sanitizing agent;

(10)

The name of the deceased shall be visible on the outside of the crematory container;

(11)

Human remains shall be properly stored before cremation or alkaline hydrolysis;

(12)

Crematories shall:

(a)

Use only mechanical pulverizing equipment meeting industry standards that has been totally brushed as clean as possible between each use; and

(b)

Pulverize the processed human remains with a mortar and pestle if the processed human remains are not sufficient in amount for pulverizing in mechanical equipment;

(13)

Separate pulverizing drums shall be dedicated for processed human remains and processed pet remains;

(14)

Processed human remains may not be held pending payment of any fees;

(15)

Within 6 months of the effective date of these regulations, cremators without safety devices that prevent the automatic door from dropping unintentionally shall be retrofitted with such safety devices;

(16)

Portable fans may not be used in the area of the cremator;

(17)

There shall be a minimum of 6 inches between cremator smoke stack and the roof of the crematory;

(18)

Before pulverizing, the mechanical pulverizer shall be clamped;

(19)

A cremator shall have visible on its front a warning sign stating, “No leaning past the door of the cremator.”;

(20)

The permit holder or registered crematory operator shall be present at the crematory during the operation of the:

(a)

Cremator;

(b)

Alkaline hydrolysis unit; or

(c)

Pulverizer; and

(21)

All individuals:

(a)

Who operate the cremator or the alkaline hydrolysis unit in a crematory shall be certified by the Cremation Association of North America (CANA), International Cemetery, Cremation, and Funeral Association (ICCFA), or other equivalent certification recognized jointly by the Board and the Office; and

(b)

Receiving training toward certification to operate a cremator or an alkaline hydrolysis unit shall be allowed to work under the supervision of a registered crematory operator who has the required certification for a period of at least 6 months.

The following completed forms from previous cremations or alkaline hydrolysis shall be available at all times for inspection and copying and are subject to be pulled at random by the inspector:

(1)

Crematory services authorization form;

(2)

Burial transit permit;

(3)

Delegation of authority form;

(4)

Receipt for human remains;

(5)

Record of cremation or alkaline hydrolysis;

(6)

Certificate of cremation or alkaline hydrolysis; and

(7)

Return of processed human remains certificate.

Inspection results shall be written on forms approved by the Board.

The Board representative performing the inspection shall, on completion of the inspection:

(1)

Apprise the permit holder of the findings of the inspection; and

(2)

Provide the permit holder or representative of the permit holder with a copy of the inspection report.

The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.

At the time of the Board inspection, the permit holder shall provide written documentation to the Board’s inspector that:

(1)

The crematory equipment has been inspected in accordance with manufacturer specifications;

(2)

In accordance with manufacturer specifications, it is not time for a manufacturer’s inspection; or

(3)

The permit holder has requested that the manufacturer conduct an inspection of the crematory equipment.

Regulation .03 Crematory Inspection Report, Deficiencies, and Penalties.Link Copy Citation

The Board shall review the inspection report and make a determination as to whether a deficiency exists.

The Board shall notify the permit holder of the results of the inspection by providing a copy of the inspection report for the permit holder.

If a permit holder passes an inspection, the permit holder shall, prominently and in public view, display on the premises a statement issued by the Board that the crematory has successfully passed an inspection.

If the Board finds a deficiency, the Board shall:

(1)

Within 7 days, notify the permit holder of the deficiency or failure to pass the inspection; and

(2)

Provide a copy of the inspection report to the permit holder within 30 days.

Correction of Deficiency.

(1)

Except as provided in this section, a permit holder shall correct a deficiency within 30 days after receipt of notification or sooner as determined by the Board.

(2)

The Board may require immediate correction of a deficiency if the Board considers the correction necessary in the interest of public health.

(3)

The permit holder may request an extension of time for correction of a deficiency.

(4)

The Board may approve an extension of time for correction of a deficiency.

(5)

Upon completion of correction of all deficiencies, the permit holder shall notify the Board.

(6)

Upon notification from the permit holder, a representative of the Board shall re-inspect the crematory.

(7)

The Board shall notify the permit holder in writing of the results of the re-inspection by providing a copy of a new inspection report to the permit holder.

(8)

If re-inspection reveals additional deficiencies not cited in the first report, the permit holder shall correct those deficiencies in the time period specified by the Board unless an extension of time is requested by the permit holder and approved by the Board.

Penalties. In the event that a permit holder fails to allow an inspection of the crematory or fails to comply with a notice to correct deficiencies or violations within the time specified, the Board shall:

(1)

Deem the failure to be a threat to the public health, safety, or welfare and requiring emergency action;

(2)

Summarily suspend the crematory permit as provided under State Government Article, §10-226(c)(2), Annotated Code of Maryland;

(3)

Provide notice of the Board’s action to the permit holder; and

(4)

Provide the permit holder an opportunity to be heard.

Regulation .04 Complaints.Link Copy Citation

If the permit holder was issued a permit by the Board, a complaint shall be:

(1)

Filed in compliance with the provisions of COMAR 10.29.11.03; and

(2)

Processed in accordance with the provisions of COMAR 10.29.11.04.

The Board may initiate a complaint or investigation on its own.

Regulation .05 Investigations.Link Copy Citation

The Board and the Office of Cemetery Oversight may share investigative information and conduct joint investigations.

Regulation .06 Grounds for Discipline, Hearing, and Penalties.Link Copy Citation

Pursuant to the provisions of Health Occupations Article, §§7-316 and 7-319, Annotated Code of Maryland, the Board may:

(1)

Deny an applicant:

(a)

A crematory permit; or

(b)

A crematory operator registration;

(2)

Reprimand any:

(a)

Permit holder; or

(b)

Registered crematory operator; or

(3)

Suspend or revoke:

(a)

A crematory permit; or

(b)

A crematory operator registration.

Pursuant to the provisions of Health Occupations Article, §7-317, Annotated Code of Maryland, if the Board, after bringing an action, finds that there are grounds for probation, suspension, or revocation, the Board may impose a penalty not exceeding $5,000.

Chapter 19. Crematories — Crematory Procedures

Regulation .01 Scope.Link Copy Citation

This chapter governs the procedures to be followed in performing a cremation or alkaline hydrolysis in this State.

Regulation .02 Removal, Identification, and Transportation of Human Remains.Link Copy Citation

Upon receipt of human remains, a permit holder in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services shall:

(1)

Verify that the information on the wrist tag is consistent with the:

(a)

Documentation accompanying the deceased; and

(b)

Visual observation of the remains themselves;

(2)

Use a metal detector wand to inspect for the presence of any battery operated, implanted devices including pacemakers, defibrillators, or pain relief devices;

(3)

Refuse to accept human remains for cremation if an inspection of the human remains indicates the presence of any battery operated, implanted device;

(4)

Ensure the removal and properly dispose of any hazardous object or any other materials that the individual authorized under this subtitle deems should be removed from the human remains, the crematory container, or the hydrolysis container, in order to prevent harm to the public health or damage to the cremator or alkaline hydrolysis unit;

(5)

Remove any jewelry:

(a)

On the human remains;

(b)

In the crematory container; or

(c)

In the hydrolysis container;

(6)

Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging crematory services; and

(7)

Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging crematory services for the removed jewelry and retain the receipt as a permanent record.

Foreign objects removed from the human remains:

(1)

Shall be treated as medical waste and disposed of accordingly; and

(2)

May not be donated until a sterilization process through a third party recognized by the Board to dispose properly of medical waste has been performed.

Materials identifying the human remains that are placed in the custody of a permit holder shall contain the following information about the decedent:

(1)

Name;

(2)

Date of birth;

(3)

Date of death;

(4)

Name of funeral establishment or authorizing agent;

(5)

Gender; and

(6)

Name and relationship of authorizing agent to deceased.

A permit holder may not accept unidentified human remains for cremation or alkaline hydrolysis.

Regulation .03 Crematory and Hydrolysis Containers.Link Copy Citation

A crematory container:

(1)

Shall be a readily combustible, rigid container suitable for cremation;

(2)

Shall provide a completely enclosed covering for the human remains;

(3)

Shall be resistant to leakage or spillage;

(4)

Shall be of sufficient strength and rigidity for ease of handling;

(5)

Shall provide protection to the health and safety of crematory establishment personnel and the public;

(6)

Shall comply with all local, State, and federal governmental emissions regulations;

(7)

May not be composed of metal or polyethylene material; and

(8)

Which appears to be heavily coated with varnish, lacquer, or any other highly combustible substance, shall be:

(a)

Placed in a cold cremator; or

(b)

Coated completely with water before being placed in the cremator.

An alkaline hydrolysis container:

(1)

Shall consist of a completely enclosed covering for the human remains;

(2)

Shall be resistant to leakage or spillage;

(3)

Shall provide protection to the health and safety of the crematory establishment personnel and the public;

(4)

Shall comply with all local, State, and federal emissions regulations; and

(5)

Once inside the alkaline hydrolysis unit, may be removed prior to the start of the alkaline hydrolysis process as long as the human remains are covered to protect the dignity of the decedent.

Regulation .04 Holding Facilities.Link Copy Citation

A holding facility shall:

Comply with applicable public health laws;

Preserve the dignity of human remains;

Recognize the integrity, health, and safety of crematory establishment personnel; and

Be secure from access by unauthorized persons.

Regulation .05 Holding Remains.Link Copy Citation

Unless prevented by emergency circumstances, human remains that have been designated for cremation or alkaline hydrolysis shall be cremated or hydrolyzed by a permit holder within 48 hours after receipt.

A permit holder may not hold human remains for cremation or alkaline hydrolysis unless the human remains are contained within an individual, closed cremation or hydrolysis container as required under Regulation .03 of this chapter.

A permit holder may not accept a cremation or alkaline hydrolysis container from which there is any evidence of leakage of the body fluids from the human remains therein.

Whenever a permit holder is unable to cremate or hydrolyze human remains within 48 hours of taking custody thereof due to emergency circumstances, the permit holder shall maintain the human remains in a refrigerated holding facility, either on or off site, at 40°F or less, unless the remains have been embalmed.

Regulation .06 Identification of Human Remains Immediately Before Cremation or Alkaline Hydrolysis.Link Copy Citation

Immediately before being placed within the cremator or the alkaline hydrolysis unit, the individual authorized under this subtitle shall:

(1)

Verify the identification of the human remains; and

(2)

Place in or on the cremator or the alkaline hydrolysis unit the hard metal or plastic identification disc of the human remains being processed where it shall remain in place until the cremation or the alkaline hydrolysis process is complete.

The permit holder’s designee may not leave the:

(1)

Immediate area of the cremator during the cremation process; or

(2)

Facility for the alkaline hydrolysis unit during the alkaline hydrolysis process.

The alkaline hydrolysis unit shall be monitored at all times during the alkaline hydrolysis process.

Records.

(1)

The permit holder shall maintain the written authorizations required by Regulation .08 of this chapter as required pursuant to Health-General Article, §4-304, Annotated Code of Maryland, and COMAR 10.01.16.04B.

(2)

The records are subject to inspection and copying by the Board.

Regulation .07 Crematory Services Authorization.Link Copy Citation

Except as otherwise provided in COMAR 10.29.18.02, a permit holder may not cremate or hydrolyze human remains until:

(1)

The body has been identified as required under Health Occupation Article, §7-411, Annotated Code of Maryland;

(2)

The permit holder crematory has received:

(a)

A crematory services authorization on a form approved by the Board and signed by an authorizing agent;

(b)

If applicable, a written delegation document or facsimile; and

(c)

Any other documentation required by federal, State, or local law; and

(3)

The permit holder has documented that at least 12 hours have elapsed from the time of death of the individual prior to beginning cremation or alkaline hydrolysis.

The crematory services authorization form shall:

(1)

Be provided by the permit holder to the authorizing agent;

(2)

Contain the following information:

(a)

The identity of the decedent;

(b)

Date of death;

(c)

The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;

(d)

Authorization for the permit holder to cremate or hydrolyze the human remains;

(e)

An indication of whether the decedent is:

(i)

A veteran, as defined in State Government Article, § 9-901, Annotated Code of Maryland; or

(ii)

An eligible dependent of a veteran, as defined in Business Regulation Article, §5-803, Annotated Code of Maryland;

(f)

Authorization to verify that the following have been removed before cremation or alkaline hydrolysis:

(i)

An implanted pacemaker or defibrillator; and

(ii)

Any other materials that should be removed to prevent harm to the public health or damage to equipment;

(g)

A representation by the authorizing agent that radiologic implant treatment has not occurred within 5 days before cremation or alkaline hydrolysis;

(h)

A representation that the authorizing agent is aware of no objection to the human remains being processed by any person who has a right to control the disposition of the human remains;

(i)

The name and address of the person authorized to claim the processed human remains from the permit holder or to accept the processed remains via registered mail; and

(j)

The name and address of the crematory to which the authorizing agent has given permission; and

(3)

Be signed by the authorizing agent.

If an authorizing agent is not readily available to execute the crematory services authorization form, the authorizing agent may transmit the document in writing with notary seal electronically:

(1)

In writing; or

(2)

If located outside the area, by transmitting to the permit holder:

(a)

A signed statement electronically or by facsimile that contains the name, address, and relationship of the sender to the decedent and the name and address of the individual to whom authority is delegated; and

(b)

Once the authorizing agent is located in the area, a notarized document through U.S. Postal Service attesting to the delegation of authority.

Upon receipt of the written delegation document or a copy transmitted electronically or by facsimile, the permit holder shall allow the named individual to serve as the authorizing agent. The documents shall be signed by the authorizing agent in the presence of a notary.

A person signing a crematory services authorization form is deemed to warrant the truthfulness of any facts set forth in the crematory services authorization form, including the identity of the deceased whose remains are sought to be processed and the authority of that person to order such a cremation or alkaline hydrolysis.

A permit holder shall notify and obtain written consent of the authorizing agent before the cremation or the alkaline hydrolysis of human remains at a location other than the location named on the crematory services authorization form.

A permit holder shall maintain a copy of every crematory services authorization form required under this regulation as permanent records.

Crematory services authorization records are subject to inspection and copying by the Board.

Regulation .08 Record of Receipt of Remains.Link Copy Citation

A permit holder shall provide to an individual who delivers human remains for cremation or alkaline hydrolysis a receipt signed by both the permit holder authority and the individual who delivered the human remains, that includes the:

(1)

Name of the individual from whom the human remains were received and the name of the individual’s employer, if any;

(2)

Name and address of the crematory;

(3)

Name of the deceased;

(4)

Gender of the deceased;

(5)

Date of death of the deceased; and

(6)

Verification of the authorized burial transit permit.

The permit holder shall maintain a record of each cremation or alkaline hydrolysis, which shall include the:

(1)

Name of the decedent;

(2)

Date of birth of the decedent;

(3)

Gender of the decedent;

(4)

Date of death;

(5)

Name and address of the authorizing agent;

(6)

Date, time, and location of cremation or alkaline hydrolysis; and

(7)

Name of the individual who performed the cremation or the alkaline hydrolysis.

The permit holder shall provide a certificate of disposition of processed human remains to the authorizing agent or funeral establishment that arranged for the cremation or the alkaline hydrolysis that includes the:

(1)

Name of the decedent;

(2)

Name of the authorizing agent;

(3)

Name and address of the person who received the processed human remains from the permit holder; and

(4)

If ascertainable:

(a)

The location, including the name of the cemetery and plot location if the remains are interred; and

(b)

The manner and date of the disposition of the processed human remains.

The permit holder shall maintain a copy of every record and receipt required by this chapter as permanent records.

All records and receipts required by this chapter are subject to inspection and copying by the Board.

Regulation .09 Use of a Casket; Embalming.Link Copy Citation

Except as provided in §B of this regulation, a permit holder may not:

(1)

Require that human remains be placed in a casket before cremation or that human remains be cremated in a casket;

(2)

Refuse to accept human remains for cremation because the remains are not in a casket; or

(3)

Refuse to accept human remains for cremation because the remains are in a suitable, combustible wooden casket, but may require the authorizing agent or funeral establishment engaging the services of the crematory authority to remove the metal mattress holder in the casket.

Human remains delivered to a crematory establishment may not be removed from the cremation container.

The cremation container shall be cremated with the human remains unless the authorizing agent for the deceased requests a more natural environment for the deceased. A permit holder is not required to accept this manner of disposition.

A permit holder may not require that human remains be subjected to embalming before cremation.

Regulation .10 Disposition of Processed Human Remains.Link Copy Citation

On completion of the cremation or the alkaline hydrolysis, insofar as is possible:

(1)

All of the recoverable residue of the cremation or the alkaline hydrolysis process shall be:

(a)

Removed from the cremator or the alkaline hydrolysis unit;

(b)

Except for medical devices remaining after cremation or alkaline hydrolysis, pulverized; and

(c)

Placed in a sealable container; and

(2)

The identification disc required by Health Occupations Article, §7-411, Annotated Code of Maryland, shall be:

(a)

Removed from the cremator or the alkaline hydrolysis unit; and

(b)

Placed in the sealable container with the processed human remains.

Medical devices which remain after the completion of the cremation or the alkaline hydrolysis process shall be treated as medical waste and disposed of accordingly.

After pulverization, all of the processed human remains, together with the identification disc, shall be placed in a sealable container.

If the sealable container opening is not of adequate dimensions to accommodate a disc, it shall be affixed to the exterior of the sealable container and a record of the cremation number shall be placed in the sealable container.

If all of the processed human remains and the identification disc will not fit within the dimensions of a sealable container, the remainder of the remains shall be returned to the authorizing agent, or the agent’s representative, in a separate, sealable container. Container seams shall be taped.

If the processed human remains and identification disc do not adequately fill the container’s interior dimensions, the extra space may be filled with packing material that will not become intermingled with the remains and then securely closed.

If a sealable container is to be shipped, it shall:

(1)

Be placed within a separate sturdy box with all box seams securely taped closed; and

(2)

Have the name of the deceased person whose processed remains are contained therein clearly identified on the outside of the container.

If processed human remains have been in the possession of a permit holder, as originally authorized by the authorizing agent without instructions for disposition for a period of 10 days or more from the date of cremation or alkaline hydrolysis, the permit holder may send the processed human remains, using the current mailing standard approved by the U.S. Postal Service, return receipt requested, to the authorizing agent.

Veteran and Eligible Dependent Decedents.

(1)

Unless the authorizing agent directs otherwise, if a permit holder in possession of processed remains of a decedent veteran or a decedent eligible dependent, the permit holder shall provide the decedent’s identifying information to a veterans service organization, as defined in Business Regulation Article, §5-803, Annotated Code of Maryland.

(2)

The veterans service organization will notify the permit holder whether the decedent is a veteran or an eligible dependent eligible for burial in a veterans cemetery.

(3)

If the unclaimed processed remains are those of a veteran or an eligible dependent, the permit holder may transfer the processed remains to a veterans service organization for the purpose of disposition of the processed remains.

(4)

If a veterans service organization does not take possession of unclaimed processed remains that qualify for a plot in a State veterans cemetery under State Government Article, §9-906, Annotated Code of Maryland, within 10 days after the permit holder receives the notification required in this regulation, the permit holder shall:

(a)

Notify the Department of Veterans and Military Families of the status of the processed remains for the purpose of the appropriate disposition of the processed remains; and

(b)

Transfer the processed remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the processed remains.

Regulation .11 Tools.Link Copy Citation

A crematory offering cremation shall maintain, at its own expense, the following tool inventory:

(1)

Safety placement tool measuring a minimum of 49 inches in length;

(2)

Wire brushes for cleaning cremators;

(3)

Brush with fine bristles for cleaning pulverizers;

(4)

Mortar and pestle;

(5)

Funnel;

(6)

High temperature protective gloves and heat-resistant leather gloves;

(7)

Hand magnet and metal detector wand to detect and remove metal from cremated human remains;

(8)

Tweezers to remove nonmetal objects from cremated human remains; and

(9)

National Institute for Occupational Safety and Health certified N95 filtering facepiece respirators.

A crematory offering alkaline hydrolysis shall maintain, at its own expense, the following tool inventory:

(1)

Suitable tools for cleaning the alkaline hydrolysis unit;

(2)

Brush with fine bristles for cleaning pulverizers;

(3)

Mortar and pestle;

(4)

Funnel;

(5)

Hand magnet and metal detector wand to detect and remove metal from hydrolyzed human remains;

(6)

Tweezers to remove nonmetal objects from hydrolyzed human remains;

(7)

National Institute for Occupational Safety and Health certified N95 filtering facepiece respirators; and

(8)

An emergency shower and eyewash combination unit meeting the criteria established under the American National Standards Institute and the International Safety Equipment Association Z358.1-2014 (R2020) or its successor.

Regulation .12 Visitors.Link Copy Citation

The permit holder or the designated crematory operator shall:

(1)

Submit to the Board the number of persons not affiliated with the operations of the crematory who can safely be within the same room and within 10 feet of the cremator door or the alkaline hydrolysis unit; and

(2)

Verify to the Board that the permit holder has submitted the information required in §A(1) of this regulation to their liability insurance carrier.

Crematories that begin operation after July 1, 2014, shall construct a viewing room in the area of the cremator if the crematory intends to have more than two visitors present in the area of the cremator during the cremation.

Crematories providing alkaline hydrolysis shall construct a viewing room in the area of the alkaline hydrolysis unit if the crematory intends to have more than two visitors present in the area of the alkaline hydrolysis unit during the alkaline hydrolysis.

Chapter 20. Crematories — Code of Ethics

Regulation .01 Scope.Link Copy Citation

This chapter governs any person who holds a permit to:

Engage in the operation of a crematory;

Act as a designated crematory operator;or

Act as a registered crematory operator.

Regulation .02 General Professional Practices.Link Copy Citation

A permit holder or registered crematory operator shall:

(1)

Act in a manner that respects and protects the dignity of a decedent and the decedent’s family;

(2)

Conduct business in a reasonable, usual, and customary manner avoiding unfair trade practices;

(3)

Comply with the State public health laws as set forth in Health-General Article, §§4-215 and 5-501, Annotated Code of Maryland;

(4)

Comply with the Maryland Morticians and Funeral Directors Act, Health Occupations Article, Title 7, Annotated Code of Maryland;

(5)

Implement and follow through on all arrangements agreed on between consumer and the crematory;

(6)

Provide appropriate services for and respect the rights of individuals without regard to age, race, creed, national origin, gender, disability, marital status, political belief, religious affiliation, social or economic status, or social preferences;

(7)

Comply with all local, State, and federal laws regarding the final disposition of human remains;

(8)

Be sensitive and responsive to the bereavement needs of a decedent’s family; and

(9)

Provide a general price list in effect at that time in accordance with the Federal Trade Commission’s funeral rule, 16 CFR part 453.

In advertising, a licensee may not include statements:

(1)

That are misrepresentations of facts;

(2)

That are likely to mislead or deceive because, in context, the statement makes only a partial disclosure of relevant facts;

(3)

Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to a consumer; or

(4)

Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be deceived.

A permit holder or crematory operator may not:

(1)

Use, or participate in the use of, any form of communication to consumers containing a false, fraudulent, misleading, deceptive, or unfair statement or claim; or

(2)

Operate a crematory, or perform a cremation or alkaline hydrolysis while under the influence of alcohol, an illegal drug, or a controlled dangerous substance, without the prescription of a physician.

Chapter 21. Mortuary Transport Services

Regulation .01 Scope.Link Copy Citation

This chapter applies to:

Applicants for a mortuary transport service permit;

Applicants for registration as a transporter for a mortuary transport service;

Permitted mortuary transport services; and

Registered transporters.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board” means the State Board of Morticians and Funeral Directors.

(2)

“CJIS” means the Criminal Justice Information System.

(3)

“Cleaning” means to disinfect the entire interior of the mortuary transport service vehicle, including the drivers’ cabin.

(4)

“Crematory” means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation.

(5)

“Criminal history records check” means the performance of both a:

(a)

State criminal history check by the Central Repository; and

(b)

National criminal history check by the Federal Bureau of Investigation.

(6)

“Disinfect” means a process that eliminates many or all pathogenic microorganisms, except bacterial spores, on inanimate objects using liquid chemicals or wet pasteurization.

(7)

“Funeral establishment” means any building, structure, or premises from which the business of practicing mortuary science is conducted.

(8)

Human Remains.

(a)

“Human remains” means:

(i)

The body of a deceased person; or

(ii)

A part of a body or limb that has been removed from a living person.

(b)

“Human remains” includes the body or part of a body or limb in any state of decomposition.

(9)

“Impervious surface” means a surface constructed from material that does not allow another substance to pass through or to penetrate the material.

(10)

“Licensed funeral establishment” means, unless the context requires otherwise, a funeral establishment that is licensed by the Board.

(11)

Mortuary Transport Service.

(a)

“Mortuary transport service” means an individual or a business entity issued a permit by the Board that, for compensation:

(i)

Removes and transports human remains;

(ii)

Transports human remains from the place of death or storage to a funeral establishment or crematory; or

(iii)

Employs a transporter to remove or transport human remains.

(b)

“Mortuary transport service” does not include:

(i)

A licensed funeral establishment using the establishment's own employee or employees to remove and transport human remains for compensation in the establishment's own Board-inspected vehicle; or

(ii)

A cemetery or an employee of a cemetery that removes or transports human remains within the boundaries of the cemetery.

(12)

“Office” means the Office of Cemetery Oversight within the Maryland Department of Labor.

(13)

“Permit” means a permit issued by the Board to the owner of a mortuary transport service to operate in the State.

(14)

“Permit holder” means a mortuary transport service that holds a permit issued by the Board.

(15)

“Registered transporter” means an individual employee of a mortuary transport service who has registered with the Board to remove and transport human remains.

(16)

“Registration” means a registration issued by the Board to a registered transporter to remove and transport human remains.

(17)

“Removal vehicle” means a vehicle of a size, dimensions, and specifications suitable for the transportation of human remains which has passed an inspection by the Board.

(18)

“Remove and transport human remains” means to remove human remains from one location and transport the human remains directly to another location.

Regulation .03 Requirements for a Permit.Link Copy Citation

To qualify for a permit to operate a mortuary transport service, an individual shall:

(1)

Be at least 18 years of age;

(2)

Be of good moral character; and

(3)

Satisfy the requirements of Health Occupations Article, §7-602(c), Annotated Code of Maryland.

To apply for a permit, an individual shall submit to the Board:

(1)

An application signed by an individual who is the owner or co-owner of the mortuary transport service to be permitted on a form provided by the Board;

(2)

The required fee as set forth in Regulation .08 of this chapter;

(3)

A notarized statement attesting to compliance with Health Occupations Article, §7-602(c), Annotated Code of Maryland;

(4)

Evidence that all removal vehicles have passed an inspection by an inspector designated by the Board; and

(5)

Evidence that the mortuary transport service is bondable and carries liability insurance to cover each registered transporter employed by the mortuary transport service.

A individual may not operate a mortuary transport service in the State without a permit issued by the Board.

If the permit holder is the sole employee of the mortuary transport service, the permit holder shall also be registered as a transporter.

The permit holder shall return an expired permit to the Board as soon as possible.

The permit holder shall be responsible for registering all transporters in their employ.

Regulation .04 Requirements for Registration.Link Copy Citation

To qualify as a registered transporter, an individual shall:

(1)

Be at least 18 years of age;

(2)

Be of good moral character;

(3)

Hold a current valid driver’s license in good standing; and

(4)

Be employed by a mortuary transport service that holds a permit issued by the Board.

Required Coursework. Before registering as a registered transporter, an individual shall complete the following Board approved coursework options:

(1)

An OSHA or MOSHA training course;

(2)

A course on blood-borne pathogens;

(3)

A course on infection control; and

(4)

A law course on:

(a)

Health-General Article, §5-513, Annotated Code of Maryland, excluding references to inspections of an out-of-State facility, with the objective of understanding the proper treatment of remains with dignity; and

(b)

This chapter.

To apply for a registration as a registered transporter, an individual shall submit:

(1)

A signed application on a form provided by the Board;

(2)

Written, verified evidence satisfactory to the Board that the applicant has:

(a)

Completed the application for a criminal history records check using the process required by CJIS and designating that the check be sent to the Board; and

(b)

Paid all fees required by CJIS;

(3)

Evidence of successful completion of the coursework required by §B of this regulation; and

(4)

A copy of the individual's driving record, including probation before judgment findings.

A registered transporter shall maintain a current mailing address, excluding a post office box address, on file with the Board.

The permit of the mortuary transport service that employs the registered transporter shall be prominently displayed on the person of the registered transporter by means of an identification card. The identification card shall include the following information:

(1)

A current picture of the registered transporter;

(2)

The name of the mortuary transport service that employs the registered transporter; and

(3)

The permit number of the mortuary transport service.

The permit holder shall confiscate the identification card of a transporter who is no longer in the permit holder’s employ and return the identification card to the Board.

The Board may not register an applicant until the Board has:

(1)

Received and reviewed the criminal history records information; and

(2)

Approved the completed application.

Regulation .05 Procedures.Link Copy Citation

Before using a body bag for removal of human remains, the registered transporter shall inspect the body bag to ensure that the body bag is fully closeable and that there are no holes, rips, or tears in the body bag.

Potentially Infectious Body Fluids.

(1)

All bodily fluids shall be considered as potentially infectious and dealt with appropriately.

(2)

Proper personal protective equipment shall be available for use at all times.

(3)

Contaminated surfaces and equipment shall be cleaned with disinfectant immediately upon completion of the removal or as soon as possible after the removal.

After each removal and as soon as possible, the registered transporter shall clean their hands using antiseptic hand cleanser and paper towels or antiseptic towelettes. As soon as possible thereafter, the registered transporter shall wash their hands using hot running water and soap.

The permit holder shall establish a written schedule for thorough cleaning, to be kept in the glove box of the removal vehicle, and method for cleaning the removal vehicle and equipment at least quarterly or as needed taking into account the use of the vehicle, the type of contamination present, and the human remains transferred.

An individual authorizing removal shall be given an inventory in which the transporter has made note of all valuables found on the decedent for the individual’s signature.

Regulation .06 Prohibited Acts.Link Copy Citation

A permit holder or transporter shall:

(1)

At all times treat the human remains being transported with the utmost dignity; and

(2)

Comply with the requirements of Health-General Article, §5-513, Annotated Code of Maryland, except with regard to inspection of an out-of-State facility.

A permit holder may not:

(1)

Violate any federal, State, or local law or regulation or order a transporter to violate any federal, State, or local law or regulation;

(2)

Employ a transporter who does not hold a registration issued by the Board;

(3)

In signage or advertisement, use a name for the mortuary transport service that is different from the name of the mortuary transport service as it appears on the permit issued by the Board;

(4)

Operate the mortuary transport service in a manner that does not respect:

(a)

The dignity of the decedent; and

(b)

The public health;

(5)

Prevent or in any way inhibit the Board’s designated inspector from investigating a complaint or from inspecting a removal vehicle;

(6)

Unless appropriately licensed, represent themselves as a mortician or funeral director;

(7)

Make arrangements for burial or cremation of human remains;

(8)

Fail to notify the Board within 30 days of:

(a)

A change in address of the mortuary transport service;

(b)

A change in address of a registered transporter; or

(c)

A commencement of employment or a separation of employment with a registered transporter;

(9)

Dress or behave in an unprofessional manner while performing their official duties;

(10)

Advertise or solicit business directly to the family of a dying person or recently deceased person; or

(11)

Offer goods or services other than the service a permit authorizes the permit holder to provide.

A registered transporter may not:

(1)

Transport human remains without the required documented authorization;

(2)

Unless appropriately credentialed, represent themselves as a:

(a)

Permit holder;

(b)

Mortician; or

(c)

Funeral director;

(3)

Allow an individual who is not an employee of the employing mortuary transport service or of the funeral establishment engaging the services of the mortuary transport service to accompany the registered transporter while in the performance of the registered transporter’s official duties;

(4)

Make arrangements for burial or cremation of the human remains unless appropriately licensed or certified by the Board or the Office;

(5)

Unless removing and transporting more than one human remains from different locations, fail to transport the human remains directly to the location agreed upon by the individual with the right to final disposition of the human remains or to the location requested by the mortician or funeral director;

(6)

Fail to notify the Board of a change of the registered transporter’s address within 30 days;

(7)

Fail to display prominently on their person, in accordance with Regulation .04E of this chapter, the permit number of the mortuary transport service for which the registered transporter is employed;

(8)

Dress or behave in an unprofessional manner while performing their official duties.

(9)

Display in any removal vehicle any marking, sticker, or other indication of passage of a Board inspection other than the sticker issued by the Board;

(10)

Advertise or solicit business directly to the family of a dying person or recently deceased person;

(11)

Offer goods or services other than the service a permit authorizes the permit holder to provide;

(12)

Sign a death certificate;

(13)

Upon arrival at a location for the purpose of removing and transporting human remains, fail to:

(a)

Verbally identify themselves as a registered transporter; and

(b)

Identify the entity for whom they are removing and transporting human remains;

(14)

Perform their official duties in an unsanitary manner or in a manner that does not observe the Centers for Disease Control’s Guidelines on Universal Precautions; or

(15)

Eat, drink, or smoke in the removal vehicle while in the performance of their official duties.

Regulation .07 Vehicle Standards.Link Copy Citation

A removal vehicle shall:

(1)

Be of appropriate size for the transport of human remains;

(2)

Have windows tinted to the extent that human remains are obscured from public view;

(3)

Have a cargo bay which:

(a)

Is fully enclosed; and

(b)

Is designed to prevent co-mingling or shifting of human remains while in transit; and

(4)

Have a floor which is a nonporous, impervious surface.

A removal vehicle shall include at least the following equipment:

(1)

A removal stretcher and litter, each with a leakproof pouch; and

(2)

A universal precaution kit which shall include the following:

(a)

A red bio-waste bag;

(b)

A heavy disaster pouch;

(c)

Goggles;

(d)

Booties;

(e)

A mask;

(f)

Disposable gloves;

(g)

A clean or disposable apron;

(h)

Antiseptic hand cleaner;

(i)

Disinfectant spray;

(j)

Clean towels; and

(k)

A first-aid kit.

Before the sale of a removal vehicle, the permit holder shall have the vehicle disinfected.

Removal vehicles shall be inspected by a Board designated inspector at least every 2 years starting from the date of first inspection.

A removal vehicle which has passed a Board inspection shall prominently display a Board-issued sticker on the vehicle attesting to passage of the inspection.

Regulation .08 Fees.Link Copy Citation

The following fees related to mortuary transport services are established by the Board:

Mortuary Transport Service Permit:

(1)

Initial fee:

(a)

Category 1 (for 1 — 3 transporters, including the permit holder) — $350;

(b)

Category 2 (for 4 — 7 transporters, including the permit holder) — $500;

(c)

Category 3 (for 8 — 15 transporters, including the permit holder) — $750; and

(d)

Category 4 (for more than 15 transporters, including the permit holder) — $1,000; and

(2)

Renewal fee:

(a)

The permit renewal fee shall be the same as the initial fee provided there has been no change in category;

(b)

If the number of transporters employed by a mortuary transport service has increased, resulting in a change in category, the initial fee for the higher category shall be paid as the renewal fee; and

(c)

If the number of transporters employed by a mortuary transport service has decreased, resulting in a change in category, the initial fee for the lower category shall be paid as the renewal fee;

Transporter registration processing fee (to add a transporter without change of category within the renewal cycle) — $40;

Late fee (permit) — $400;

Reinstatement fee — $350 + initial fee;

Duplicate or replacement permit — $40;

Duplicate registration — $50;

Permit or registration verification fee — $40; and

Replacement inspection sticker — $40.

Regulation .09 Renewal Requirements.Link Copy Citation

A mortuary transport service’s permit expires 30 days after the effective date of this chapter.

After being issued an initial permit, a mortuary transport service’s permit:

(1)

Expires on the date set by the Board, unless it is renewed for an additional term; and

(2)

May not be renewed for a term longer than 2 years.

At least 2 months before the permit expires, the Board shall issue a renewal notice to the permit holder that states:

(1)

The date by which the renewal application shall be received by the Board for the renewal to be issued and mailed before the registration expires; and

(2)

The amount of the renewal fee.

The permit holder may renew the mortuary transport service permit for an additional term of 2 years if the permit holder:

(1)

Is otherwise entitled to be issued a permit;

(2)

Pays to the Board a renewal fee set forth in Regulation .08 of this chapter; and

(3)

Submits to the Board:

(a)

A completed renewal application on the form that the Board requires;

(b)

An updated criminal history records check; and

(c)

An updated driving record, including probation before judgment findings.

The Board shall impose the late fee established in Regulation .08 of this chapter on any permit holder who fails to renew their permit 1 month before it expires.

A transporter’s registration is effective provided:

(1)

It has not been suspended or revoked by the Board; and

(2)

The registered transporter is employed by a mortuary transport service which holds a permit issued by the Board.

Regulation .10 Reinstatement Requirements.Link Copy Citation

To reinstate an expired permit, an individual shall:

(1)

Resubmit the application required by the Board for initial applicants;

(2)

Satisfy the education requirements stated in Regulation .04B of this chapter; and

(3)

Pay to the Board the reinstatement fee established by the Board in Regulation .08 of this chapter.

An individual whose registration has lapsed shall reapply to the Board under the procedure set forth in Regulation .04 of this chapter.

Regulation .11 Multi-State Establishments.Link Copy Citation

All vehicles registered by an establishment which is part of the same business structure as a licensed Maryland funeral establishment shall be inspected by the Board at a convenient location within the State if the related establishment intends to transport Maryland decedents in their vehicles.

Chapter 22. General Regulations

Regulation .01 Temperature of Refrigeration Units.Link Copy Citation

A refrigeration unit used in the storage of human remains shall be kept at a temperature lower than 40 degrees Fahrenheit.

Title 10 — Subtitle 29. Board of Morticians and Funeral Directors

Chapter 01. Hearing Procedures

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Notice of Hearing.LinkCopy Citation

Regulation .03 Parties and Representation.LinkCopy Citation

Regulation .04 Prehearing Procedures.LinkCopy Citation

Regulation .05 Records and Transcript.LinkCopy Citation

Regulation .06 Presiding Officer Duties.LinkCopy Citation

Regulation .07 Order of Procedure.LinkCopy Citation

Regulation .08 Examination of Witness and Introduction of Evidence.LinkCopy Citation

Regulation .09 Briefs.LinkCopy Citation

Regulation .10 Sanctioning Guidelines.LinkCopy Citation

Regulation .11 Counsel to the Board.LinkCopy Citation

Regulation .12 Decision and Order.LinkCopy Citation

Regulation .13 Rehearings.LinkCopy Citation

Chapter 02. Examination

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Scope of Examination.LinkCopy Citation

Regulation .03 Requirements for Examination.LinkCopy Citation

Regulation .04 Passing Score.LinkCopy Citation

Regulation .05 Frequency of Examination.LinkCopy Citation

Regulation .06 National Examination.LinkCopy Citation

Chapter 03. Inspection of Funeral Establishments

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Funeral Establishment Requirements.LinkCopy Citation

Regulation .04 Restricted Funeral Establishment Requirements.LinkCopy Citation

Regulation .05 Inspection by the Board.LinkCopy Citation

Regulation .06 Establishment Inspection Report and Deficiencies.LinkCopy Citation

Regulation .07 Penalties.LinkCopy Citation

Chapter 04. Fee Schedule

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Fees.LinkCopy Citation

Regulation .03 Terms.LinkCopy Citation

Chapter 05. Continuing Education

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Standards of Continuing Education Preapproval.LinkCopy Citation

Regulation .04 Post-Approval and Review.LinkCopy Citation

Regulation .05 Continuing Education Requirements.LinkCopy Citation

Regulation .06 Exemptions.LinkCopy Citation

Chapter 06. Preneed Contract

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Execution of Preneed Contract.LinkCopy Citation

Regulation .04 Disposition of Preneed Contract Fund.LinkCopy Citation

Regulation .05 Obligations of Seller.LinkCopy Citation

Regulation .06 Termination of Preneed Contract.LinkCopy Citation

Regulation .07 Premature Death of Beneficiary or Buyer.LinkCopy Citation

Regulation .08 Sale or Change in the Ownership of a Funeral Corporation or Establishment.LinkCopy Citation

Regulation .09 Irrevocable Trusts.LinkCopy Citation

Regulation .10 Prohibitions.LinkCopy Citation

Chapter 07. Surviving Spouse

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Issuance of a Surviving Spouse License.LinkCopy Citation

Regulation .04 Authority of Surviving Spouse License.LinkCopy Citation

Regulation .05 Duration of Surviving Spouse License.LinkCopy Citation

Regulation .06 Conditions of Issuance of a Surviving Spouse License.LinkCopy Citation

Regulation .07 Limitations of Surviving Spouse License.LinkCopy Citation

Regulation .08 Prohibitions.LinkCopy Citation

Regulation .09 Leasing Space.LinkCopy Citation

Regulation .10 Renewal.LinkCopy Citation

Chapter 08. Courtesy Card

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Requirements for Courtesy Card.LinkCopy Citation

Regulation .04 Authority of Courtesy Card.LinkCopy Citation

Regulation .05 Fee for Courtesy Card.LinkCopy Citation

Regulation .06 Requirements for Renewal of Courtesy Card.LinkCopy Citation

Regulation .07 Prohibitions.LinkCopy Citation

Chapter 09. Requirements for Apprenticeship

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Requirements of Apprenticeship.LinkCopy Citation

Regulation .04 Documentation.LinkCopy Citation

Regulation .05 Embalming Requirements for Mortuary Science Apprenticeship.LinkCopy Citation

Regulation .06 Commencement of Apprenticeship.LinkCopy Citation

Regulation .07 Termination of Apprenticeship.LinkCopy Citation

Regulation .08 Laws and Regulations.LinkCopy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Notice of Hearing.Link Copy Citation

Regulation .03 Parties and Representation.Link Copy Citation

Regulation .04 Prehearing Procedures.Link Copy Citation

Regulation .05 Records and Transcript.Link Copy Citation

Regulation .06 Presiding Officer Duties.Link Copy Citation

Regulation .07 Order of Procedure.Link Copy Citation

Regulation .08 Examination of Witness and Introduction of Evidence.Link Copy Citation

Regulation .09 Briefs.Link Copy Citation

Regulation .10 Sanctioning Guidelines.Link Copy Citation

Regulation .11 Counsel to the Board.Link Copy Citation

Regulation .12 Decision and Order.Link Copy Citation

Regulation .13 Rehearings.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Scope of Examination.Link Copy Citation

Regulation .03 Requirements for Examination.Link Copy Citation

Regulation .04 Passing Score.Link Copy Citation

Regulation .05 Frequency of Examination.Link Copy Citation

Regulation .06 National Examination.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Funeral Establishment Requirements.Link Copy Citation

Regulation .04 Restricted Funeral Establishment Requirements.Link Copy Citation

Regulation .05 Inspection by the Board.Link Copy Citation

Regulation .06 Establishment Inspection Report and Deficiencies.Link Copy Citation

Regulation .07 Penalties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Fees.Link Copy Citation

Regulation .03 Terms.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Standards of Continuing Education Preapproval.Link Copy Citation

Regulation .04 Post-Approval and Review.Link Copy Citation

Regulation .05 Continuing Education Requirements.Link Copy Citation

Regulation .06 Exemptions.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Execution of Preneed Contract.Link Copy Citation

Regulation .04 Disposition of Preneed Contract Fund.Link Copy Citation

Regulation .05 Obligations of Seller.Link Copy Citation

Regulation .06 Termination of Preneed Contract.Link Copy Citation

Regulation .07 Premature Death of Beneficiary or Buyer.Link Copy Citation

Regulation .08 Sale or Change in the Ownership of a Funeral Corporation or Establishment.Link Copy Citation

Regulation .09 Irrevocable Trusts.Link Copy Citation

Regulation .10 Prohibitions.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Issuance of a Surviving Spouse License.Link Copy Citation

Regulation .04 Authority of Surviving Spouse License.Link Copy Citation

Regulation .05 Duration of Surviving Spouse License.Link Copy Citation

Regulation .06 Conditions of Issuance of a Surviving Spouse License.Link Copy Citation

Regulation .07 Limitations of Surviving Spouse License.Link Copy Citation

Regulation .08 Prohibitions.Link Copy Citation

Regulation .09 Leasing Space.Link Copy Citation

Regulation .10 Renewal.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Requirements for Courtesy Card.Link Copy Citation

Regulation .04 Authority of Courtesy Card.Link Copy Citation

Regulation .05 Fee for Courtesy Card.Link Copy Citation

Regulation .06 Requirements for Renewal of Courtesy Card.Link Copy Citation

Regulation .07 Prohibitions.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Requirements of Apprenticeship.Link Copy Citation

Regulation .04 Documentation.Link Copy Citation

Regulation .05 Embalming Requirements for Mortuary Science Apprenticeship.Link Copy Citation

Regulation .06 Commencement of Apprenticeship.Link Copy Citation

Regulation .07 Termination of Apprenticeship.Link Copy Citation

Regulation .08 Laws and Regulations.Link Copy Citation

Regulation .09 Waiver of Apprenticeship Requirements.Link Copy Citation

Regulation .10 Change in the Apprenticeship.Link Copy Citation

Regulation .11 General Requirements.Link Copy Citation

Regulation .12 Renewals and Extensions.Link Copy Citation

Regulation .13 Examinations.Link Copy Citation

Regulation .14 Prohibitions.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Imposition of Penalties on Licensees.Link Copy Citation

Regulation .04 Factors to be Considered in the Assessment of a Penalty.Link Copy Citation