Chapter 07. Surviving Spouse

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

Terms Defined.

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

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

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.

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.

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.

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.

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.

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.