reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-303 - State and National Criminal History Records Check

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:
(1)    One complete set of legible fingerprints taken on a form approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(3)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)    (1)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.
(2)    If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.
(d)    If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.
(e)    Information obtained from the Central Repository under this section:
(1)    Is confidential and may not be redisseminated; and
(2)    May be used only for the licensing or registration purpose authorized by this title.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(g)    In using information obtained from the Central Repository under this section to determine whether to issue a license or registration, the Board shall consider:
(1)    The age at which the crime was committed;
(2)    The nature of the crime;
(3)    The circumstances surrounding the crime;
(4)    The length of time that has passed since the crime was committed;
(5)    Subsequent work history;
(6)    Employment and character references; and
(7)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-304 - Application

(a)    To apply for a license or registration, an applicant shall:
(1)    Submit to the Board an application on the form that the Board requires;
(2)    Submit to the Board evidence of compliance with the requirements of § 6–302 of this subtitle; and
(3)    Pay the application fee set by the Board.
(b)    The Board shall issue a license or registration to any applicant who:
(1)    Pays a license or registration fee set by the Board; and
(2)    Meets the requirements of this subtitle.
(c)    The Board shall include on each license and registration that the Board issues the kind of license or registration.
(d)    (1)    On receipt of the criminal history record information of an applicant for licensure or registration forwarded to the Board in accordance with § 6–303 of this subtitle, in determining whether to grant a license or registration, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license or registration if the criminal history record information required under § 6–303 of this subtitle has not been received.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-305 - Expiration; Renewal

(a)    (1)    A license or registration expires on the date set by the Board, unless the license or registration is renewed for a 1–year term as provided in this section.
(2)    A license or registration may not be renewed for a term of longer than 2 years.
(b)    At least 1 month before the license or registration expires, the Board shall send to the licensed massage therapist or registered massage practitioner, by electronic means or first–class mail to the last known electronic or physical address of the licensed massage therapist or registered massage practitioner, a renewal notice that states:
(1)    The date on which the current license or registration expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or registration expires; and
(3)    The amount of the renewal fee.
(c)    Before a license or registration expires, the licensed massage therapist or registered massage practitioner periodically may renew it for an additional term, if the licensed massage therapist or registered massage practitioner:
(1)    Otherwise is entitled to be licensed or registered;
(2)    Submits to the Board a renewal application on the form that the Board requires; and
(3)    Pays to the Board a renewal fee set by the Board.
(d)    (1)    Each licensed massage therapist or registered massage practitioner shall notify the Board in writing of any change in the name or address of the licensed massage therapist or registered massage practitioner within 60 days after the change occurred.
(2)    Subject to the hearing provisions of § 6–309 of this subtitle, if a licensed massage therapist or registered massage practitioner fails to notify the Board within the time required under this subsection, the Board may impose an administrative penalty of $100.
(e)    The Board shall renew the license of each licensed massage therapist and the registration of each registered massage practitioner who meets the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-306 - Reinstatement of License on Failure to Renew

(a)    If a licensed massage therapist or registered massage practitioner fails for any reason to renew a license or registration, the Board shall reinstate the license or registration if the former licensed massage therapist or former registered massage practitioner:
(1)    Applies to the Board for reinstatement of the license or registration within 5 years after the license or registration expires;
(2)    Meets the renewal requirements of § 6–305 of this subtitle; and
(3)    Pays to the Board the reinstatement fee set by the Board.
(b)    (1)    The Board may not reinstate the license of a former licensed massage therapist or registration of a former registered massage practitioner who fails to apply for reinstatement of the license or registration within 5 years after the license or registration expires.
(2)    If the Board does not reinstate a license or registration under paragraph (1) of this subsection, a former licensed massage therapist or former registered massage practitioner may apply for a new license or registration by meeting the licensing or registration requirements in effect at the time of application for obtaining a new license or registration under this title and any additional requirements determined by the Board.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-306.2 - Placing Practitioners on Inactive Status -- Reactivation of License or Registration

(a)    The Board shall place a licensed massage therapist or registered massage practitioner on inactive status if the licensee or registration holder submits to the Board:
(1)    An application for inactive status on the form required by the Board; and
(2)    The inactive status fee set by the Board.
(b)    A licensed massage therapist or a registered massage practitioner on inactive status may reactivate the license or registration if the licensee or registration holder:
(1)    Complies with the continuing education and CPR requirements that are:
(i)    Established in regulations adopted by the Board; and
(ii)    In effect for the current license or registration renewal period in which the licensee or registration holder seeks to reactivate the license or registration; and
(2)    Pays the reactivation fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-307 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license or registration of a licensed massage therapist or registered massage practitioner, a licensed massage therapist or registered massage practitioner may not surrender the license or registration nor may the license or registration lapse by operation of law while a licensed massage therapist or registered massage practitioner is under investigation or while charges are pending against the licensed massage therapist or registered massage practitioner.
(b)    The Board may set conditions on its agreement with the licensed massage therapist or registered massage practitioner under investigation or against whom charges are pending to accept surrender of the license or registration.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-309 - Hearing

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 6–308 of this subtitle, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    The individual may be represented at the hearing by counsel.
(d)    Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(e)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
(f)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter.
(g)    If, after a hearing, an individual is found in violation of § 6–308 of this subtitle, the individual shall pay the costs of the hearing as specified in regulation adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-310 - Judicial Review

(a)    Except as provided in this section for an action under § 6–308 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 6–308 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-311 - Injunctions

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of massage therapy; or
(2)    Conduct that is a ground for disciplinary action under § 6–308 of this subtitle.
(b)    An action under this section may be brought by:
(1)    The Board in its own name;
(2)    The Attorney General, in the name of the State; or
(3)    A State’s Attorney, in the name of the State.
(c)    An action under this section may be brought in the county where the defendant:
(1)    Resides; or
(2)    Engages in the act sought to be enjoined.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an action under this section may not be brought against an individual who is authorized to practice a health occupation under this article.
(2)    An action under this section may be brought against an individual who is authorized to practice massage therapy under this title.
(e)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
(f)    An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of massage therapy under § 6–501 of this title or disciplinary action under § 6–308 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 4 - Miscellaneous › Section 6-401 - Advertising and Solicitation

(a)    The Board shall adopt regulations to establish standards for advertising or soliciting by licensed massage therapists or registered massage practitioners.
(b)    For purposes of this section, the mailing of notices to patients to inform them of times for periodic appointments is not advertising or soliciting.
(c)    A licensed massage therapist or registered massage practitioner may use a trade name in connection with the practice of massage therapy provided that:
(1)    The use of the trade name is not deceptive or misleading;
(2)    The advertisement in which the trade name appears includes the name of the licensed massage therapist or registered massage practitioner or the name of the business entity providing the massage therapy services being advertised, as long as the advertisement includes the name of a licensed massage therapist or registered massage practitioner;
(3)    The name of the licensed massage therapist or registered massage practitioner providing massage therapy services appears on the billing invoices, stationery, and any receipt given to a patient; and
(4)    Treatment records are maintained that clearly identify the licensed massage therapist or registered massage practitioner who has performed the massage therapy service for the patient.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 4 - Miscellaneous › Section 6-403 - Reimbursements by Health Insurance Entities.

This subtitle does not require a nonprofit health service plan, an insurer, a health maintenance organization, or a person acting as a third party administrator to reimburse a licensed massage therapist or registered massage practitioner for any services rendered even though the services are within the scope of practice of the licensed massage therapist or registered massage practitioner.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 4 - Miscellaneous › Section 6-404 - Massage Therapist and Practitioner Rehabilitation Committee

(a)    In this section, “massage therapist and practitioner rehabilitation committee” means a committee that:
(1)    Is a committee of the Board or a committee of an association that represents at least 250 licensed massage therapists in the State that:
(i)    Is recognized by the Board; and
(ii)    Includes massage therapists and massage practitioners; and
(2)    Performs any of the functions listed in subsection (c) of this section.
(b)    A rehabilitation committee of the Board or recognized by the Board may function:
(1)    Solely for the Board; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(c)    A massage therapist and practitioner rehabilitation committee shall evaluate and provide assistance to any licensed massage therapist, registered massage practitioner, or other individual regulated by the Board in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(d)    (1)    In this subsection, “civil action” does not include a proceeding before the Board or the judicial review of a proceeding before the Board.
(2)    Except as otherwise provided in this subsection, the proceedings, records, and files of the massage therapist and practitioner rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the massage therapist and practitioner rehabilitation committee.
(3)    Paragraph (2) of this subsection does not apply to any record or document that is considered by the massage therapist and practitioner rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in any arbitration or civil proceeding.
(e)    A person who acts in good faith and within the scope of the jurisdiction of a massage therapist and practitioner rehabilitation committee is not civilly liable for any action as a member of the massage therapist and practitioner rehabilitation committee or for giving information to, participating in, or contributing to the function of the massage therapist and practitioner rehabilitation committee.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 4 - Miscellaneous › Section 6-405 - Local Ordinances and Regulations; Enforcement

(a)    After consultation with the Board, the county executive or any governing body of a county may adopt ordinances or regulations relating to massage establishments and verification, inspection, and display of licenses issued under this subtitle.
(b)    Local health officers and local law enforcement have the authority to carry out the provisions of the ordinances or regulations adopted under subsection (a) of this section.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 5 - Prohibited Acts › Section 6-502 - Misrepresentation

(a)    An individual who is not a licensed massage therapist or registered massage practitioner under this title may not advertise or claim by title, abbreviation, sign, card, or any other representation that the individual practices massage, massage therapy, myotherapy, or any synonym or derivation of these terms.
(b)    An individual who is a registered massage practitioner under this title, or a business entity that employs an individual who is a registered massage practitioner under this title, may not advertise to the public that the individual or business entity provides health–related therapeutic massage services.
(c)    Unless authorized to practice under this title, a person may not use the title “massage therapist”, “MT”, “licensed massage therapist”, “LMT”, “massage practitioner”, “MP”, “registered massage practitioner”, or “RMP”, or any other term or title with the intent to represent that the person practices massage therapy.
(d)    (1)    An individual may not perform a massage or offer to perform a massage on another individual for compensation unless the individual who performs the massage or offers to perform a massage is a licensed massage therapist or registered massage practitioner.
(2)    A law enforcement officer may demand proof of licensure or registration.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 5 - Prohibited Acts › Section 6-503 - Fraudulent Licenses, Registrations, Diplomas, or Degrees

A person may not buy, sell, or fraudulently obtain:
(1)    A license or registration; or
(2)    Any diploma or degree required under § 6–302 of this title.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 5 - Prohibited Acts › Section 6-504 - Penalties

(a)    A person who practices or attempts to practice massage therapy without a license or registration in violation of § 6–501 of this subtitle or represents to the public in violation of § 6–502 of this subtitle that the person is authorized to practice massage therapy is guilty of a misdemeanor and on conviction is subject to:
(1)    For a first offense, a fine not exceeding $2,000 or imprisonment not exceeding 6 months; or
(2)    For a subsequent offense, a fine not exceeding $6,000 or imprisonment not exceeding 1 year.
(b)    A person who is convicted under subsection (a) of this section shall reimburse the Board for the direct costs of the Board, including court reporting services and expert witness fees, incurred as a result of a prosecution under subsection (a) of this section.
(c)    (1)    A person who violates § 6–501 of this subtitle is subject to a civil fine of not more than $10,000 to be assessed by the Board in accordance with regulations adopted by the Board.
(2)    The Board shall pay any penalty collected under this subsection into the State Board of Massage Therapy Examiners Fund.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 1 - Definitions; General Provisions › Section 7-102 - Scope of Title

(a)    This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
(b)    (1)    In this subsection, “registrant or permit holder” means a person regulated under Title 5 of the Business Regulation Article as a registered cemeterian, registered seller, or holder of a permit to operate a cemetery or burial goods business.
(2)    This title does not apply to:
(i)    The business of operating a cemetery, including the sale of cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults;
(ii)    The ownership of a crematory or the business of operating a crematory in which:
1.    A registrant or permit holder owns a greater percentage of the crematory than a person licensed under this title;
2.    Ownership is equal between a registrant or permit holder and a person licensed under this title; or
3.    Neither a registrant, permit holder, or person licensed under this title has an ownership interest in the crematory; or
(iii)    The ownership of a crematory or the business of operating a crematory or incinerator at a licensed medical facility or educational institution.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 2 - State Board of Morticians and Funeral Directors › Section 7-203 - Officers

(a)    From among its members, the Board shall elect a president, a first vice president, and a second vice president.
(b)    The Board shall determine:
(1)    The manner of election of officers;
(2)    The term of office of each officer; and
(3)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 2 - State Board of Morticians and Funeral Directors › Section 7-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the full authorized membership of the Board is a quorum to do business.
(b)    (1)    The Board shall meet at least once a year, at the times and places that it sets in its bylaws and rules and regulations.
(2)    The Board shall hold special meetings that:
(i)    It considers necessary; or
(ii)    The Secretary directs.
(c)    Each appointed member of the Board is entitled to:
(1)    Compensation in accordance with the budget of the Board for each meeting that the member attends; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    (1)    The Board may appoint a Board secretary, who may be a member of the Board.
(2)    The Board may employ inspectors and other staff in accordance with the budget of the Board.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 2 - State Board of Morticians and Funeral Directors › Section 7-205 - Miscellaneous Powers and Duties

(a)    In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:
(1)    To adopt bylaws, rules, and regulations to carry out the provisions of this title;
(2)    To adopt a seal;
(3)    To establish procedures for licensing apprentices;
(4)    To keep a list of all individuals currently licensed by the Board;
(5)    To investigate any alleged violation of this title;
(6)    To enforce this title;
(7)    To adopt rules and regulations regarding false and misleading advertising and misrepresentation;
(8)    To inspect licensed funeral establishments;
(9)    On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, to conduct an unannounced inspection of the funeral establishment to determine compliance at that funeral establishment with the Centers for Disease Control and Prevention’s guidelines on universal precautions;
(10)    To establish standards for the practice of mortuary science; and
(11)    To establish standards for sanitation and waste disposal in connection with the practice of mortuary science.
(b)    The Board may conduct an audit of a licensee that:
(1)    Receives pre-need funds;
(2)    Places pre-need funds in a trust; or
(3)    Enters into a pre-need contract.
(c)    In conjunction with the Office of Cemetery Oversight, the Board shall:
(1)    Establish a process for regulating crematories that provides for:
(i)    Registration of crematory operators or issuance of permits for operating crematories, and renewal;
(ii)    Applications, including certification of ownership and identification of individuals who will perform cremation;
(iii)    Registration or permit fees;
(iv)    Inspections and oversight;
(v)    Grounds for discipline and penalties; and
(vi)    Complaints and hearings; and
(2)    Adopt regulations that are identical to regulations adopted by the Director of the Office of Cemetery Oversight to:
(i)    Implement item (1) of this subsection; and
(ii)    Ensure public health and safety.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 2 - State Board of Morticians and Funeral Directors › Section 7-206 - State Board of Morticians and Funeral Directors Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Morticians and Funeral Directors Fund.
(b)    (1)    The Board may set reasonable fees for its services.
(2)    The fees charged shall be set so as to approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the State Board of Morticians and Funeral Directors Fund.
(d)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    No other State money may be used to support the Fund.
(e)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 2 - State Board of Morticians and Funeral Directors › Section 7-208 - Examination of Applicants or Licensees

(a)    The Board may require an applicant or licensee to submit to a mental or physical examination by a health care practitioner designated by the Board, if:
(1)    When investigating an allegation brought against an applicant or licensee under this title, the Board finds reasonable evidence indicating that the applicant or licensee cannot practice mortuary science or funeral direction competently;
(2)    The Board:
(i)    Makes a written request for the applicant or licensee to submit to the examination;
(ii)    Provides the applicant or licensee with a list of three health care practitioners from which the applicant may choose a health care practitioner to conduct the examination; and
(iii)    Pays the cost of the examination in accordance with subsection (c) of this section; and
(3)    The applicant or licensee:
(i)    Consents to submit to the examination; and
(ii)    Waives any claim or privilege as to the examination report.
(b)    An evaluation report of a health care practitioner designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.
(c)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, an applicant who does not hold a valid license with the Board shall pay the reasonable cost of any examination made under this section.
(ii)    If the applicant is deemed competent to practice mortuary science or funeral direction as a result of the evaluation, the Board shall reimburse the applicant for the reasonable cost of the evaluation that was performed.
(2)    The Board shall pay the reasonable cost of an examination made under this section for a licensee of the Board.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-301 - License Required; Exceptions

(a)    Except as provided in subsection (b) of this section, an individual shall be licensed by the Board before the individual may practice mortuary science in this State.
(b)    This section does not:
(1)    Limit the right of a school of medicine or dentistry to use and dispose of a dead human body or its parts;
(2)    Limit the right of any person who is authorized by law to handle or dispose of a dead human body or its parts, if the person acts within the scope of that authorization;
(3)    Affect the right of an authorized officer or employee of the United States or the District of Columbia to practice mortuary science in the course of that individual’s duties;
(4)    Apply to an individual who makes funeral arrangements in the course of the duties of that individual as an attorney; or
(5)    (i)    Limit the right of the Board to issue temporary permits to out–of–state licensed morticians or funeral directors for teaching purposes involving an approved continuing education program or disaster situations as deemed necessary by the Board.
(ii)    A mortician or funeral director who is issued a temporary permit shall be subject to any conditions and limitations that the Board may specify in the permit and the provisions of this title.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-302 - Mortician and Funeral Director License

(a)    (1)    An individual shall be licensed by the Board before the individual may practice mortuary science in this State.
(2)    A mortician license issued under this title authorizes the licensee to practice mortuary science while the license is effective.
(b)    (1)    An individual shall be licensed by the Board before the individual may practice funeral direction in this State.
(2)    A funeral director license issued under this title authorizes the licensee to practice funeral direction while the license is effective.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-303 - Qualifications of Applicants for Mortician or Funeral Director License

(a)    (1)    The Board shall determine the qualifications necessary for an individual to lawfully engage in the practice of mortuary science or funeral direction and to operate a funeral establishment within this State.
(2)    Except as otherwise provided in this subtitle, to qualify for a mortician or funeral director license, an applicant shall be an individual who meets the requirements of this section.
(b)    The Board shall examine all applications for licensure for the practice of mortuary science or funeral direction and shall issue the mortician or funeral director license to an individual who:
(1)    Is judged to be of good moral character;
(2)    Has completed not less than 1 year and not more than 4 years of licensed apprenticeship, unless the Board allowed extensions for additional 1–year terms;
(3)    Except as otherwise provided in this section, has graduated with an associate of arts degree in mortuary science or its equivalent from a school accredited by the American Board of Funeral Service Education or approved by the Board, or has acquired at least an associate of arts degree and completed a course in mortuary science that is accredited by the American Board of Funeral Service Education or approved by the Board;
(4)    For an individual applying for a license to practice as a mortician, passed the national board examination administered by the Conference of Funeral Service Examining Boards of the United States;
(5)    For an individual applying for a license to practice as a funeral director, passed the arts and sciences State board examinations, administered by the Conference of Funeral Service Examining Boards of the United States;
(6)    Except as provided in subsection (c) of this section, has passed a written examination on Maryland law and regulations governing the practice of mortuary science and a practical examination demonstrating competency in the preparation of dead human bodies for final disposition and sanitary science; and
(7)    Has submitted an application to the Board on the required form and has paid a fee set by the Board.
(c)    For an individual applying for a license to practice funeral direction, the practical examination qualification under subsection (b)(6) of this section may not include demonstrating competency in embalming.
(d)    The Board shall advise each applicant that a license issued under subsection (b) of this section does not guarantee that the applicant will be allowed to practice in any other state.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-304 - Examinations

(a)    An applicant who otherwise qualifies for a mortician or funeral director license is entitled to be examined as provided in this section if the applicant:
(1)    Holds an apprentice license; or
(2)    Has completed the apprenticeship requirements of this title.
(b)    The Board shall give examinations to applicants twice each year, at the times and places that the Board determines.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    (1)    The written part of the examination shall include:
(i)    The general and local laws of this State on the practice of mortuary science; and
(ii)    The laws and regulations on infectious diseases.
(2)    In the practical part of the examination:
(i)    The Board shall provide a dead human body; and
(ii)    Except as provided in paragraph (3) of this subsection, in the presence of at least one third of the licensed members of the Board, each applicant shall demonstrate the applicant’s knowledge and skill in the preparation of dead human remains for final disposition.
(3)    For individuals applying for a license to practice funeral direction, a practical examination under paragraph (2) of this subsection may not include demonstrating competency in embalming.
(e)    (1)    An applicant shall pay to the Board an examination fee set by the Board.
(2)    The payment of one examination fee entitles an applicant to take the examination twice.
(f)    If an applicant fails the examination twice, the applicant may retake the examination if the applicant pays the appropriate fee.
(g)    In addition to the written and practical examinations administered by the Board, an applicant must take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-305 - Waiver of Requirements

(a)    Subject to the provisions of this subsection, the Board may waive the examination and apprenticeship requirements of § 7–303 of this subtitle and issue a mortician or funeral director license to an applicant who is licensed to practice mortuary science or funeral direction in any other state.
(b)    The Board may grant a waiver under this subsection only if the applicant:
(1)    Pays the license fee required by the Board under § 7–303 of this subtitle;
(2)    Was a licensed mortician or funeral director  in good standing in the other state;
(3)    Serves an apprenticeship consisting of 1,000 hours; and
(4)    Passes the Maryland State written examination administered by the Board.
(c)    The Board may grant a waiver only if the state in which the applicant is licensed:
(1)    Grants a similar waiver to licensees of this State; and
(2)    Has standards for a mortician or funeral director license that are not lower than those of this State.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-308 - Surviving Spouse License

(a)    Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant:
(1)    Is the surviving spouse of a licensed mortician or licensed funeral director whose license was in good standing at the time of death and who at the time of death was operating and wholly or partly owned a mortuary science business;
(2)    Is not a licensed mortician or licensed funeral director;
(3)    Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee and the application required by the Board; and
(4)    Pays a fee set by the Board.
(b)    (1)    Within 6 months of the issuance of the surviving spouse license, the applicant must take the written Maryland State law examination administered by the Board under § 7-304(b), (c), (d)(1), (e), and (f) of this subtitle.
(2)    The license becomes null and void if the surviving spouse fails the Maryland State law examination twice.
(3)    An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection.
(c)    Nothing in this section shall prevent a surviving spouse from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician.
(d)    Except as provided in subsection (c) of this section, while a surviving spouse license is effective, it authorizes the licensee to:
(1)    Continue the operation of the mortuary science business that had been operated and wholly or partly owned by the spouse of the licensee; and
(2)    Assist with the planning and conducting of funeral services for that mortuary science business.
(e)    The Board may issue a license under this section only if:
(1)    The business is operated under the direct supervision of a licensed mortician or funeral director; and
(2)    The embalming is done by a licensed mortician.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-308.1 - Executor License

(a)    A personal representative of a deceased mortician’s, funeral director’s, or surviving spouse’s estate shall be licensed by the Board before continuing operation of the mortuary science business.
(b)    The Board shall issue an executor license to an applicant if the applicant:
(1)    Is the appointed personal representative of a deceased mortician’s, funeral director’s, or surviving spouse’s estate in accordance with the requirements established in Title 5 of the Estates and Trusts Article;
(2)    Submits to the Board, within 30 days of the death of the licensed mortician, funeral director, or surviving spouse:
(i)    Written verification of the death of the licensee;
(ii)    Written verification of appointment as a personal representative; and
(iii)    The application required by the Board;
(3)    Within 14 days after the death of the licensed mortician, funeral director, or surviving spouse, submits to the Board the name of a licensed funeral director or mortician who has agreed to apply for a pre–need trustee license issued under § 7–308.2 of this subtitle; and
(4)    Pays a fee set by the Board.
(c)    Nothing in this section shall prevent a personal representative from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician.
(d)    Except as provided in subsection (c) of this section, while an executor license is effective, it authorizes the licensee to:
(1)    Continue operation of the mortuary science business that had been operated and wholly or partly owned by the deceased mortician or funeral director; and
(2)    Assist with the planning and conducting of funeral services for that mortuary science business.
(e)    The Board may issue a license under this section only if:
(1)    The business is operated under the direct supervision of a licensed mortician or funeral director; and
(2)    The embalming services are provided by a licensed mortician.
(f)    (1)    (i)    Notwithstanding the provisions of § 7–314 of this subtitle, the Board shall provide for the term of an executor license.
(ii)    The term of an executor license may not be more than 12 months.
(2)    An executor license may be renewed for one additional 3–month period if:
(i)    A buyer of the funeral establishment has been identified and has entered into a sales contract, but the sale of the funeral establishment has not been completed;
(ii)    A pre–need account audit has not been completed and evidence is presented to the Board that failure to complete the audit is due to circumstances beyond the control of the funeral establishment; or
(iii)    The Board determines that a renewal is needed due to unforeseen circumstances.
(g)    A personal representative who wishes to continue operation of a mortuary science business upon expiration of the executor license must qualify and be licensed as a mortician or a funeral director, or be the holder of a surviving spouse or corporation license.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-308.2 - Pre-Need Trustee License

(a)    Subject to the provisions of this section, the Board shall issue a pre–need trustee license to an applicant if the applicant:
(1)    Applies to the Board on an application provided by the Board;
(2)    Has been actively licensed in good standing by the Board for a minimum of 5 years while working in a facility that has accepted pre–need contracts and who can provide proof to the Board that these services have been provided by the applicant;
(3)    Has been appointed as a pre–need trustee by the holder of an executor license issued under § 7–308.1 of this subtitle;
(4)    Is of good moral character; and
(5)    Pays the required fee.
(b)    (1)    While a pre–need trustee license is effective, the license authorizes the license holder to manage pre–need accounts held by a funeral establishment until the closing or sale of the funeral establishment.
(2)    Notwithstanding the provisions of § 7–314 of this subtitle, a pre–need trustee license is valid from the date of issuance until the date of expiration of the license of the executor who appointed the license holder as a pre–need trustee under subsection (a)(3) of this section.
(c)    The holder of a pre–need trustee license issued under this section may be the supervising mortician in a funeral establishment.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-309 - Corporation License

(a)    Except as otherwise provided by law, a corporation may not operate a mortuary science business and the Board may not issue a license to or list any corporation as licensed to operate a mortuary science business.
(b)    The Board may renew only the license of a corporation that:
(1)    On June 1, 1945, held a license issued by this State;
(2)    Has been renewed continuously since that date;
(3)    Submits an application on a form required by the Board; and
(4)    Pays a fee set by the Board.
(c)    Each application for renewal made by a corporation shall state the name and address of each officer and director of the corporation.
(d)    While a corporation license is effective, it authorizes a corporation to operate a mortuary science business only if any practice of mortuary science that is conducted for the corporation is practiced by a licensed individual.
(e)    A corporation may not operate a branch funeral establishment unless the branch funeral establishment was in operation on or before October 1, 1964.
(f)    If a corporation is sold, declares bankruptcy, or ceases to operate, written notice must be submitted to:
(1)    The Board, within 2 weeks of the occurrence, detailing the changes and the arrangements for carrying out the pre-need contracts and disbursement of the money held in escrow; and
(2)    The holders of pre-need contracts advising them of their options under Maryland law.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-311 - Courtesy Card

(a)    The Board may issue a courtesy card to a practitioner of mortuary science who:
(1)    Is licensed to practice mortuary science in another state;
(2)    Maintains a license in good standing with that state;
(3)    Files an application with the Board; and
(4)    Pays to the Board a license fee set by the Board.
(b)    The courtesy card:
(1)    Allows the holder of the courtesy card to make a removal of a dead human body in this State and to return the body to another state or country, to return a dead human body from another state or country to this State for final disposition, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder’s capacity as a licensed practitioner of mortuary science; but
(2)    Does not allow the holder of the courtesy card to operate a funeral establishment, make funeral arrangements, or conduct funerals in this State.
(c)    A card issued by the Board under this title is not transferable.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-312 - Exemption for Persons Obtaining Burial-Transit Permit

Any person who obtains a burial-transit permit under § 4-215 of the Health - General Article is exempt from any requirement of this title to be under the direction of a licensed mortician or licensed funeral director.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-313 - Issuance and Contents of License; License Not Transferable

(a)    The Board shall issue the appropriate license to an applicant who meets the requirements of this title.
(b)    The Board shall include on each license and renewal certificate that the Board issues:
(1)    The signature of the secretary of the Board;
(2)    The seal of the Board;
(3)    A designation of the kind of license; and
(4)    If it is a corporation license, the name and address of each director and each officer.
(c)    A license issued by the Board under this title is not transferable.