reglab/housing_qa huggingface dataset:
MD. Health Occupations Code Ann. §  7-409 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4 - Miscellaneous|Section 7-409 - Inspections

    (a)    Except as provided in subsection (b) of this section, all inspections of funeral establishments shall be unannounced and may take place at any time without notice from the Board.    (b)    An unannounced inspection may include advance notice that an inspector may be in the region of the funeral establishment for the purpose of conducting an inspection if:        (1)    The advance notice is no more than 14 days prior to the inspection;        (2)    No specific date or time is provided for the inspection; and        (3)    The advance notice is provided solely to ensure that a licensed mortician or funeral director will be on–site for the inspection.    (c)    (1)    This subsection applies to inspections conducted:            (i)    In response to valid information provided to the Board resulting in a complaint being opened by the Board concerning the preparation or body storage areas of a licensed funeral establishment only if the Board has provided a copy of the complaint to the licensed funeral establishment; or            (ii)    Of a funeral establishment that the Board has placed on probationary status in accordance with § 7–316(b) of this title.        (2)    A trained staff member of the Board who is qualified to do inspections may call the supervising mortician of a licensed funeral establishment, as designated under § 7–310(e) of this title, and request immediate access to the preparation and body storage areas of the funeral establishment.        (3)    If a request is made under paragraph (2) of this subsection, the supervising mortician immediately shall provide the staff member of the Board with the location of the key or access code to the preparation or body storage areas of the funeral establishment.        (4)    An employee of a licensed funeral establishment is not required to accompany a staff member of the Board while the staff member conducts an inspection of a preparation or body storage area in accordance with this subsection.    (d)    An unannounced inspection of a licensed funeral establishment shall be conducted during the hours that the business of mortuary science is being conducted at the licensed funeral establishment.    (e)    Within 24 hours after the completion of an unannounced inspection of a licensed funeral establishment, the Board shall provide the results of the inspection to:        (1)    The holder of the funeral establishment license; or        (2)    The supervising mortician for the licensed funeral establishment, as designated under § 7–310(e) of this title.
MD. Health Occupations Code Ann. §  7-411 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4 - Miscellaneous|Section 7-411 - Identification Tag

    (a)    Before burial or interment, a mortician shall affix to the long bones of the deceased human body a plastic or metal identification tag.    (b)    After cremation, a licensee shall ensure that a metal or plastic identification tag is placed in the cremains container.    (c)    The identification tag shall contain:        (1)    The name of the decedent;        (2)    The Social Security number of the decedent;        (3)    The decedent’s date of birth; and        (4)    The decedent’s date of death.
MD. Health Occupations Code Ann. §  7-4A-01 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-01 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Advisory Committee” means the Family Security Trust Fund Advisory Committee.    (c)    “Fund” means the Family Security Trust Fund.
MD. Health Occupations Code Ann. §  7-4A-02 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-02 - Authority

    This subtitle does not limit the authority of the Board to:        (1)    Take any action against a licensee under the disciplinary provisions of §§ 7–316 through 7–320 of this title; or        (2)    Take any other disciplinary or other action authorized under this title.
MD. Health Occupations Code Ann. §  7-4A-03 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-03 - Family Security Trust Fund

    (a)    There is a Family Security Trust Fund.    (b)    The Board shall:        (1)    Administer the Fund; and        (2)    Over a reasonable period of time, build the Fund to a level of $1,000,000 and thereafter maintain the Fund at that level.    (c)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.    (d)    (1)    The Board shall deposit all money collected to the credit of the Fund with the State Treasurer for placement into a special account.        (2)    (i)    The State Treasurer may invest or reinvest money in the Fund in the same manner as money in the State Retirement and Pension System.            (ii)    The investment earnings shall be:                1.    Except as provided in paragraph (3) of this subsection, credited to the Fund; and                2.    Available for the same purposes as the money deposited into the Fund.        (3)    If the level of the Fund exceeds $1,000,000, the State Treasurer shall pay the investment earnings of the Fund into the General Fund of the State.    (e)    The Fund is not liable for any other expenses or obligations of the Board.    (f)    (1)    Accounting and financial reports related to the Fund shall be publicly available in a timely manner.        (2)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.    (g)    (1)    The Board may retain the services of appropriate experts or service providers to advise about, or administer, the Fund.        (2)    The costs of the services described in paragraph (1) of this subsection shall be paid out of the Fund.    (h)    The Board shall adopt regulations for the administration and claims procedures of the Fund.
MD. Health Occupations Code Ann. §  7-4A-04 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-04 - Family Security Trust Fund Advisory Committee

    (a)    There is a Family Security Trust Fund Advisory Committee.    (b)    The Advisory Committee consists of the following five members:        (1)    Three members of the Board, including one consumer member, appointed by the Board;        (2)    One member designated by the Maryland State Funeral Directors Association; and        (3)    One member designated by the Funeral Directors and Morticians Association of Maryland, Inc.    (c)    The Advisory Committee members may be, but are not required to be, licensees of the Board.    (d)    (1)    Except for the initial terms of the Advisory Committee, the term of a member is 4 years.        (2)    A member continues to serve until a successor is appointed and qualifies.        (3)    The terms of the initial members shall be staggered evenly between 3 years and 4 years as the Advisory Committee shall determine at the Advisory Committee’s first meeting.        (4)    A member may not serve for more than two 4–year terms.    (e)    The Advisory Committee shall elect annually a chair, vice chair, and secretary from among its members.    (f)    (1)    The Advisory Committee shall meet at the call of the chair or the vice chair.        (2)    The Advisory Committee shall meet at least twice each year at the times and places that it determines.    (g)    The purpose of the Advisory Committee is to provide nonbinding counsel and advice to the Board on any Fund matters other than pending individual claim matters.    (h)    The Board shall:        (1)    Work with the Advisory Committee in a cooperative manner; and        (2)    Provide to the Advisory Committee, in a timely manner:            (i)    All appropriate Fund information, other than information involving pending claim matters; and            (ii)    Summary information about the outcome of all closed claims, including actual amounts of individual and total claim payments.    (i)    A member of the Advisory Committee:        (1)    May not receive compensation as a member of the Advisory Committee; but        (2)    May receive reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
MD. Health Occupations Code Ann. §  7-4A-05 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-05 - Payments by Funeral Establishment

    (a)    Before the Board issues an initial funeral establishment license, the funeral establishment shall pay, in addition to all other applicable fees, a fee of $375 to be credited to the Fund.    (b)    (1)    Each funeral establishment shall pay $375 per year into the Fund, until the Fund has accumulated a balance of $1,000,000.        (2)    If, after the Fund has accumulated a balance of $1,000,000, the amount in the Fund falls below $1,000,000, the Board shall assess each funeral establishment an additional fee in an amount that will, over a reasonable period, return the Fund to a level of at least $1,000,000.        (3)    The Board may not issue a renewal funeral establishment license if the funeral establishment has not paid the fee required under this subsection.
MD. Health Occupations Code Ann. §  7-4A-06 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-06 - Claim for Loss

    (a)    Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre–need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.    (b)    A claim for the loss shall:        (1)    Be based on an act or omission that occurs in the provision of funeral pre–need services by:            (i)    A licensed mortician;            (ii)    A licensed funeral director;            (iii)    A licensed apprentice mortician;            (iv)    A licensed apprentice funeral director; or            (v)    An unlicensed employee of a licensed funeral establishment;        (2)    Involve a transaction that relates to pre–need funeral planning that occurred in the State; and        (3)    Be based on an act or omission:            (i)    In which pre–need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or            (ii)    That constitutes fraud or misrepresentation.    (c)    The amount recovered for any claim against the Fund:        (1)    May not exceed the actual monetary loss suffered; and        (2)    May not include noneconomic, consequential, or punitive damages.    (d)    A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.
MD. Health Occupations Code Ann. §  7-4A-07 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-07 - Claim for Loss -- Form and Content

    (a)    Each claim against the Fund shall be made in accordance with this section.    (b)    Each claim shall:        (1)    Be in writing;        (2)    Be made under oath;        (3)    State the amount of loss claimed;        (4)    State the facts on which the claim is based; and        (5)    Be accompanied by any documentation or other evidence that supports the claim.
MD. Health Occupations Code Ann. §  7-4A-08 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-08 - Claim for Loss -- Procedure for Handling

    (a)    The Board shall act promptly on a claim made under this subtitle.    (b)    On receipt of a claim, the Board shall:        (1)    Forward a copy of the claim:            (i)    To each licensee alleged to be responsible for the act or omission giving rise to the claim;            (ii)    To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and            (iii)    To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and        (2)    Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim.    (c)    (1)    The Board:            (i)    Shall review the claim and any response to the claim; and            (ii)    May conduct an investigation of the claim.        (2)    On the basis of its review and any investigation that the Board conducts, the Board shall:            (i)    Set the matter for a hearing; or            (ii)    If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.    (d)    At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.
MD. Health Occupations Code Ann. §  7-4A-09 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-09 - Claim for Loss -- Hearing

    (a)    The Board shall give the following persons notice of the hearing and an opportunity to participate in the hearing:        (1)    The claimant;        (2)    Each licensee alleged to be responsible for the act or omission giving rise to the claim;        (3)    Each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and        (4)    Each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim.    (b)    The Board may not proceed with the hearing unless the records of the Board show that the Board provided each notice required under the provisions of this section and § 7–4A–08 of this subtitle.
MD. Health Occupations Code Ann. §  7-4A-10 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-10 - Claim for Loss -- Disciplinary Action

    (a)    If a claim against the Fund alleges that the act or omission giving rise to the claim was performed by a licensee, the Board may join the proceeding on the claim with any disciplinary proceeding against the licensee under this title arising from the same facts alleged in the claim.    (b)    (1)    For that part of a hearing on consolidated proceedings that relates to disciplinary action but does not relate to the Fund claim against a licensee, the claimant:            (i)    May not be a party; and            (ii)    May participate only as a witness.        (2)    For that part of a hearing on consolidated proceedings that relates to the claim against the Fund, the claimant is a party.
MD. Health Occupations Code Ann. §  7-4A-11 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-11 - Claim for Loss -- Payment

    (a)    The Board shall order full or partial payment of a claim by the Fund if, on the hearing, the claimant proves that the claimant has a valid claim under this subtitle.    (b)    The Board may order full or partial payment by the Fund only for the actual monetary loss suffered by the claimant as a result of the claim proven by the claimant.    (c)    A payment may not be made by the Fund under an order of the Board until:        (1)    The expiration of the time provided under Title 10, Subtitle 2 of the State Government Article for seeking judicial review of the Board’s order; or        (2)    The expiration of any judicial stay of the order of the Board.    (d)    The Board shall order payment of each claim due in the order in which the claim was awarded.    (e)    If, at the time a payment is due, the money in the Fund is insufficient to satisfy fully the order for payment, the Board:        (1)    Immediately shall pay to the claimant the amount that is available in the Fund; and        (2)    When sufficient funds are available in the Fund, shall pay the claimant the balance due on the order.
MD. Health Occupations Code Ann. §  7-4A-13 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 4A - Family Security Trust Fund|Section 7-4A-13 - Claim for Loss -- Liability of Licensee -- Suspension of License

    (a)    If the Board orders payment by the Fund of a claim based on an act or omission for which a licensee is responsible, the Board immediately and without further proceedings shall suspend the license of the licensee.    (b)    The Board may not reinstate a license that is suspended under this section until the person whose license was suspended:        (1)    Repays in full:            (i)    The amount paid by the Fund; and            (ii)    The interest due under § 7–4A–12(a)(2) of this subtitle; and        (2)    Applies to the Board for reinstatement of the license.    (c)    Regardless of whether the disciplinary sanction was imposed for the same act or omission that gave rise to the claim against the Fund, the reimbursement of the Fund by a licensee does not affect any sanction imposed by the Board against a person under the disciplinary provisions of §§ 7–316 through 7–320 of this title.
MD. Health Occupations Code Ann. §  7-501 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-501 - Practicing Without License

    Except as otherwise provided in this title, a person may not practice, attempt to practice, offer to practice, or assist in the practice of mortuary science in this State unless licensed by the Board.
MD. Health Occupations Code Ann. §  7-502 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-502 - Misrepresentation

    Unless authorized to practice mortuary science under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice mortuary science in this State.
MD. Health Occupations Code Ann. §  7-503 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-503 - Use of Name

    (a)    Except as provided in subsection (b) of this section, a licensee may not practice mortuary science under any name other than the name that appears on that person’s license.    (b)    (1)    The name appearing on the license may be a trade or copyrighted name which may be sold to another licensee as part of the goodwill of the funeral establishment.        (2)    If the sale of the trade name or copyrighted name is made part of a sale of a funeral establishment:            (i)    The buyer must:                1.    Notify the Board of the sale of the trade or copyrighted name; and                2.    Apply for a funeral license in the name of the new owner; and            (ii)    The funeral establishment license must indicate that the trade or copyrighted name will continue to be used by the new owner.        (3)    The sale of a funeral establishment does not preclude the buyer from advertising the funeral establishment as the successor to the funeral establishment acquired.
MD. Health Occupations Code Ann. §  7-504 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-504 - Pre-Need Contracts

    Unless a person is a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license, the person may not offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract.
MD. Health Occupations Code Ann. §  7-505 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-505 - Cremation Casket

    A licensee or the agent of a licensee may not represent that a burial or funeral casket is required for cremation.
MD. Health Occupations Code Ann. §  7-508 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-508 - Penalties

    A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
MD. Health Occupations Code Ann. §  7-509 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 5 - Prohibited Acts; Penalties|Section 7-509 - Cease and Desist Orders; Civil Fines

    (a)    Subject to subsection (c) of this section and the hearing provisions of § 7–319 of this title, and in addition to any other sanction authorized for a violation of § 7–501 or § 7–502 of this subtitle, the Board may issue a public cease and desist order, impose a civil fine of not more than $5,000 per offense, or both.    (b)    For the purposes of this section, each violation is a separate offense if the violation occurs:        (1)    At a different time, date, or location; or        (2)    On the same date and location at a different time.    (c)    The Board may not issue a public cease and desist order to a funeral establishment that was previously licensed by the Board.
MD. Health Occupations Code Ann. §  7-601 (2021)
2021 Maryland Statutes|Health Occupations|Title 7 - Morticians and Funeral Directors|Subtitle 6 - Mortuary Transport Services|Section 7-601 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    (1)    “Mortuary transport service” means an individual or a business entity that, for compensation, removes and transports human remains or employs a transporter to remove or transport human remains.        (2)    “Mortuary transport service” does not include:            (i)    A licensed funeral establishment or an employee of a licensed funeral establishment that removes and transports human remains; or            (ii)    A cemetery or employee of a cemetery that removes or transports human remains within the boundaries of the cemetery.    (c)    “Permit” means a permit issued by the Board to the owner of a mortuary transport service to operate in the State.    (d)    “Permit holder” means a mortuary transport service that holds a permit issued by the Board.    (e)    “Registered transporter” means an individual employee of a mortuary transport service who has registered with the Board to remove and transport human remains.    (f)    “Remove and transport human remains” means to remove human remains from one location and transport the human remains to another location.    (g)    “Transporter” means an individual who removes and transports human remains.