reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-314 - Term and Renewal of Licenses

(a)    A license issued under this title expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.
(b)    At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
(1)    The date on which the current license 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 expires; and
(3)    The amount of the renewal fee.
(c)    Except as otherwise provided in this section, before a license expires, the licensee periodically may renew it for additional terms, if the licensee:
(1)    Has met the qualifications for licensure and is not under a suspension or revocation order of the Board;
(2)    Except as otherwise provided under this title, pays to the Board a renewal fee set by the Board;
(3)    Submits to the Board a renewal application on the form that it requires;
(4)    Submits to the Board satisfactory evidence of compliance with any continuing education requirements the Board may adopt by regulation; and
(5)    For a funeral establishment license, provides proof of any payment to the Board required in accordance with § 7–4A–05(b) of this title.
(d)    (1)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
(2)    The secretary of the Board may issue a renewal certificate during the interim between meetings of the Board.
(e)    (1)    Before an apprentice license expires, the licensee may renew it for an additional 1–year term only if the licensee:
(i)    Submits to the Board a renewal application on the form that the Board requires;
(ii)    Continues to participate in a training program; and
(iii)    Pays to the Board a renewal fee set by the Board.
(2)    An apprentice license may be renewed only two times.
(f)    Before a courtesy card expires, the licensee may renew it for additional terms if the licensee:
(1)    Submits to the Board a renewal application on the form that the Board requires;
(2)    Submits documentation to the Board that the out–of–state license is in good standing; and
(3)    Pays to the Board a renewal fee set by the Board.
(g)    If, when the license of an individual otherwise would expire, the licensee is on active duty as a member of the armed forces but not on a career basis, the license is renewed automatically for a 1–year term without application or payment of a fee.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-315 - Reinstatement of Expired Licenses

(a)    The Board shall reinstate the license of an individual who has failed to renew a mortician license or funeral director license for any reason if the individual:
(1)    Requests that the Board reinstate the license;
(2)    Meets the appropriate renewal requirements of this subtitle;
(3)    Pays to the Board a reinstatement fee set by the Board;
(4)    Submits to the Board an affidavit stating that the individual did not practice mortuary science in this State while the license was expired; and
(5)    Applies to the Board for reinstatement of the license within 5 years after the license expires.
(b)    The Board may not reinstate the license of a mortician or funeral director who fails to apply for reinstatement of the license within 5 years after the license expires unless the mortician or funeral director meets the terms and conditions established by the Board.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-316.1 - Injunction Actions

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of mortuary science; or
(2)    Conduct that constitutes a ground for disciplinary action under § 7-315 of this subtitle.
(b)    An action under this section may be brought by:
(1)    The Board;
(2)    The Attorney General; or
(3)    A State’s Attorney.
(c)    An action under this section shall be brought in the county where the defendant:
(1)    Resides; or
(2)    Engages in the practice of mortuary science.
(d)    Proof of actual damage or proof that a person will sustain damage if an injunction is not granted is not required for an action under this section.
(e)    Criminal prosecution for the unauthorized practice of mortuary science under § 7-501 of this title or disciplinary action under § 7-316 of this subtitle does not prohibit an action to enjoin under this section.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-317 - Penalty Instead of Probation or Suspension or in Addition to Probation, Suspension, or Revocation

(a)    If, after the Board brings an action under § 7-316 of this subtitle, the Board finds that there are grounds to place a licensee on probation or suspend or revoke a license, the Board may impose a penalty not exceeding $5,000:
(1)    Instead of suspending or revoking the license; or
(2)    In addition to placing the licensee on probation or suspending or revoking the license.
(b)    The Board shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-318 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license while the licensee is under investigation or while charges are pending against the licensee, a licensee may not:
(1)    Surrender the license; or
(2)    Allow the license to lapse by operation of the law.
(b)    The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-319 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 7-316 of this subtitle, it shall give the person 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 person may be represented at the hearing by counsel.
(d)    Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any audit or 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 shall compel compliance with the subpoena and 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, nevertheless the Board may hear and determine the matter.
(g)    If after a hearing an individual is found in violation of § 7-316 of this subtitle, the individual shall pay the hearing costs.
(h)    If the Board orders the suspension of a license in accordance with § 10–226(c)(2) of the State Government Article, the Board shall notify the licensee of the suspension within 48 hours after the Board makes the determination to order the suspension.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-320 - Review

(a)    Except as provided in this section for an action against any health care professional under § 7–316 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 health care professional aggrieved by a final decision of the Board under § 7–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    If a person notes an appeal from an order of suspension or revocation by the Board, the order is stayed.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 3 - Licensing › Section 7-321 - Inactive Status

(a)    The Board shall place a licensee on inactive status if the licensee submits to the Board:
(1)    An application for inactive status on the form required by the Board; and
(2)    Pays the inactive status fee set by the Board.
(b)    A licensee on inactive status may reactivate the license at any time if the licensee:
(1)    Complies with the continuing education requirements in effect for the year in which the licensee seeks to reactivate the license;
(2)    Has not practiced mortuary science in the State while on an inactive status; and
(3)    Pays the reactivation fee set by the Board.
(c)    If a license is inactive for more than 5 years, the licensee shall take and pass the Maryland Morticians Law Examination administered by the Board.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 4 - Miscellaneous › Section 7-401 - Partnerships

(a)    Two or more licensed morticians or funeral directors may practice mortuary science as a partnership.
(b)    A partnership shall be conducted under the names of all the partners.
(c)    Before practicing as a partnership, the licensees shall:
(1)    Notify the Board that they will be practicing as a partnership; and
(2)    Submit to the Board the name and address of each partner.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 4 - Miscellaneous › Section 7-402 - Professional Associations

(a)    One or more licensed morticians or funeral directors may practice mortuary science as a professional association.
(b)    A professional association shall be conducted under the name authorized by the Department of Assessments and Taxation.
(c)    Before practicing as a professional association, the licensee shall:
(1)    Notify the Board; and
(2)    Submit to the Board the name and address of each member of the professional association.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 4 - Miscellaneous › Section 7-403 - School of Mortuary Science

(a)    The Board may establish a school to:
(1)    Teach mortuary science; and
(2)    Gather and give out information on:
(i)    Sanitation;
(ii)    Preservation of dead human bodies; and
(iii)    Disinfection of dead human bodies, living areas, clothing, and bedding when death results from infectious disease.
(b)    The Board may adopt rules and regulations for:
(1)    The conduct of the school;
(2)    Payment of tuition fees;
(3)    Admission of students; and
(4)    Issuance of diplomas.
(c)    The cost of operating the school shall be derived from:
(1)    Tuition fees;
(2)    License examination fees;
(3)    License fees; and
(4)    Renewal fees.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 4 - Miscellaneous › Section 7-404 - Contract Required

(a)    (1)    At the time a licensee makes funeral arrangements, the licensee shall give to the individual who requested the funeral arrangements a contract that includes:
(i)    An itemized list of all services and merchandise that will be provided and the total price;
(ii)    To the extent possible, a specification of any item for which the licensee will advance money to accommodate the buyer; and
(iii)    The terms and method of payment.
(2)    The contract shall be in duplicate and contain the signatures of the licensee, other than an apprentice, and the payor of the requested service.
(3)    A copy of the signed contract shall be given to the payor at the time the arrangements are finalized.
(b)    In addition to the contract required under subsection (a) of this section, the licensee shall give to the individual who requested a funeral a similar written statement that reflects any change in the arrangements agreed to between the parties.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 4 - Miscellaneous › Section 7-407 - Continuation of Benefits for Surviving Spouse

(a)    A licensed funeral director shall provide to the surviving spouse or immediate family members of the deceased or authorized representative a notice which advises that certain individuals may be entitled to continuation of group health insurance benefits under § 15-407 of the Insurance Article.
(b)    The notices required to be provided in subsection (a) of this section shall be supplied to the licensed funeral director by the Insurance Commissioner.
(c)    A licensed funeral director who fails to provide notice under subsection (a) of this section shall not be liable to any person for benefits which would have otherwise been payable under § 15-407 of the Insurance Article or other damages resulting from the failure to provide notice.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 4 - Miscellaneous › Section 7-408 - Mortician and Funeral Director Rehabilitation Committees

(a)    In this section, “mortician and funeral director rehabilitation committee” means a committee that:
(1)    Is defined in subsection (b) of this section; and
(2)    Performs any of the functions listed in subsection (d) of this section.
(b)    For purposes of this section, a mortician and funeral director rehabilitation committee is a committee of the Board or a committee of any association representing morticians and funeral directors that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to morticians and funeral directors.
(c)    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.
(d)    For purposes of this section, a mortician and funeral director rehabilitation committee evaluates and provides assistance to any mortician or funeral director, and any 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.
(e)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the mortician and funeral director 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 mortician and funeral director rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the mortician and funeral director rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(f)    A person who acts in good faith and within the scope of jurisdiction of a mortician and funeral director rehabilitation committee is not civilly liable for any action as a member of the mortician and funeral director rehabilitation committee or for giving information to, participating in, or contributing to the function of the mortician and funeral director rehabilitation committee.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 6 - Mortuary Transport Services › Section 7-602 - Permit

(a)    A mortuary transport service shall be issued a permit by the Board before the mortuary transport service may remove and transport human remains in this State.
(b)    (1)    To apply for a permit, a mortuary transport service shall submit to the Board:
(i)    An application on the form that the Board requires;
(ii)    An application fee set by the Board; and
(iii)    Evidence that the mortuary transport service is bonded and carries liability insurance that covers each registered transporter employed by the mortuary transport service.
(2)    An application for a permit shall be signed by an individual who is the owner or a co–owner of the mortuary transport service to be issued a permit.
(c)    To qualify for a permit, a mortuary transport service shall satisfy the Board that the mortuary transport service:
(1)    Has complied with all applicable State and local laws;
(2)    Will be owned and operated in accordance with this subtitle; and
(3)    While the mortuary transport service removes and transports human remains, will be held responsible for the treatment of the human remains.
(d)    (1)    A permit holder shall use vehicles that have passed an inspection by an inspector designated by the Board while the permit holder removes and transports human remains.
(2)    A permit holder shall employ only registered transporters to remove and transport human remains.
(e)    (1)    (i)    A permit issued under this subtitle shall expire on the date set by the Board.
(ii)    A permit may not be renewed for a term longer than 2 years.
(2)    A permit holder may renew a permit for additional terms, if the permit holder:
(i)    Submits to the Board:
1.    An application on the form that the Board requires; and
2.    An application fee set by the Board; and
(ii)    Complies with any other renewal requirements established by the Board.
(f)    Signs and advertisements for a mortuary transport service shall display the name of the mortuary transport service as it appears on the permit.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 6 - Mortuary Transport Services › Section 7-603 - Transporter

(a)    An individual employed by a permit holder shall be registered with the Board as a transporter before the individual may remove and transport human remains.
(b)    To register as a transporter, an individual shall submit to the Board:
(1)    A signed application on the form that the Board requires;
(2)    A criminal history records check; and
(3)    Evidence of the completion of coursework recommended by the Board.
(c)    The Board shall register an individual who:
(1)    Holds a valid  driver’s license; and
(2)    Has complied with all applicable State and local laws.
(d)    While a registered transporter removes and transports human remains or otherwise acts in the capacity of a registered transporter, the registered transporter shall:
(1)    Treat every decedent with the utmost dignity; and
(2)    Prominently display on their person the permit for the mortuary transport service for which the transporter is employed.
2023 Maryland Statutes › Health Occupations › Title 7 - Morticians and Funeral Directors › Subtitle 6 - Mortuary Transport Services › Section 7-605 - Misrepresentation

(a)    (1)    Unless an individual or entity holds a current permit issued by the Board under this subtitle, the individual or entity may not represent to the public by name, description of services, methods, or procedures, or otherwise, that the individual or entity is a permit holder.
(2)    Unless an individual or entity holds a current permit issued by the Board under this subtitle, an individual or entity may not use the words “permitted mortuary transport service” or “mortuary transport service” with the intent to represent that the individual or entity is authorized to operate as a permit holder.
(b)    (1)    Unless an individual is registered by the Board under this subtitle, the individual may not represent to the public by name, description of services, methods, or procedures, or otherwise, that the individual is a registered transporter.
(2)    Unless an individual is registered by the Board under this subtitle, the individual may not use the terms “registered transporter” or “transporter” with the intent to represent that the individual is authorized to operate as a registered transporter.
(c)    (1)    A mortuary transport service or transporter may not obtain a permit or registration by making a false statement.
(2)    On conviction of an individual for making a false representation to the Board in order to obtain a permit or registration, the permit or registration is void.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 1 - Definitions; General Provisions › Section 8-102 - Scope of Title

(a)    In this section, “Christian Science nurse” means an individual who is registered as a Christian Science nurse in the Christian Science Journal of the Christian Science Publishing Society.
(b)    Except as specifically provided in this title, this title does not limit the right of:
(1)    An individual to practice a health occupation that the individual is authorized to practice under this article;
(2)    A Christian Science nurse to care for an individual who is ill, injured, or infirm, if the Christian Science nurse does not administer any drug or medicine; or
(3)    An unlicensed individual to perform acts of registered nursing or acts of licensed practical nursing:
(i)    While supervised by an individual who is authorized by this State to practice registered nursing or licensed practical nursing; and
(ii)    If the unlicensed individual performs only acts that are in the area of responsibility of the supervisor and under the instruction of the supervisor.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 2 - State Board of Nursing › Section 8-203 - Officers

(a)    (1)    Subject to paragraph (2) of this subsection, from among its members, the Board shall elect a president and a secretary once every 2 years in June or as required by subsection (c) of this section.
(2)    The president of the Board shall be a registered nurse.
(3)    The president shall serve a 2–year term unless:
(i)    The term of the member serving as the president expires before the end of the member’s term as president; or
(ii)    The president resigns.
(b)    The Board shall determine:
(1)    The manner of election of officers; and
(2)    The duties of each officer.
(c)    If a vacancy occurs under subsection (a)(3)(ii) of this section, the Board shall hold a special election to elect a president to complete the term of the vacating president within 30 days of the date of the vacancy.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 2 - State Board of Nursing › Section 8-204 - Quorum; Meetings; Compensation; Staff. [Effective Until July 1, 2025]

(a)    A majority of the appointed members serving on the Board is a quorum.
(b)    In addition to the other meeting requirements of this title, the Board shall meet:
(1)    At the request of the Secretary; or
(2)    If necessary to transact its business.
(c)    In accordance with the State budget, each member of the Board is entitled to:
(1)    Compensation, at a rate determined by the Board, for each day on which the member is engaged in the duties of the member’s office; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations.
(d)    The Board may:
(1)    Employ a staff in accordance with the State budget;
(2)    Define the duties of its staff; and
(3)    Employ:
(i)    An executive director who shall be a registered nurse with a minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, in professional education and administrative experience; and
(ii)    A deputy director who shall assume the duties and authority of the executive director in the absence of the executive director.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 2 - State Board of Nursing › Section 8-205.1 - Examination of Licensee Where Potential Harm to Individuals Alleged

(a)    If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of nursing or certified midwifery, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board.
(b)    In return for the privilege to practice nursing or certified midwifery in the State, the applicant or licensee is deemed to have:
(1)    Consented to submit to an examination under this section, if requested by the Board in writing; and
(2)    Waived any claim of privilege as to the testimony or examination reports of the examining health care professional.
(c)    The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice nursing or certified midwifery competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.
(d)    The Board shall pay the cost of any examination made under this section.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 2 - State Board of Nursing › Section 8-206 - Board of Nursing Fund; Fees; Disposition of Funds. [Effective Until July 1, 2025]

(a)    There is a Board of Nursing Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board as provided in subsection (e) of this section.
(c)    The Board shall publish in its rules and regulations the fees that it sets.
(d)    (1)    The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees received from the Board to the Board of Nursing Fund.
(e)    (1)    The Board of Nursing Fund shall be used exclusively 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 title.
(2)    (i)    The Board of Nursing Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.
(ii)    Any unspent portions of the Board of Nursing Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Board of Nursing Fund to be used for the purposes specified in this title.
(3)    No other State money may be used to support the Board of Nursing Fund.
(f)    (1)    The Chairman of the Board or the designee of the Chairman shall administer the Board of Nursing Fund.
(2)    Money in the Board of Nursing Fund may be expended only for any lawful purpose authorized by the provisions of this title.
(g)    The Legislative Auditor shall audit the accounts and transactions of the Board of Nursing Fund as provided in § 2–1220 of the State Government Article.