reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.12 - Advertising › Section 10.29.12.05 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee is
				  prohibited from:
(1) Soliciting mortuary
				  science business from a dying individual or the relatives of a dying individual
				  other than through general advertising;
(2) Employing, paying, or offering to pay a person to
				  obtain business, either in general or for a particular mortician, funeral
				  director, surviving spouse, or funeral establishment; and
(3) Soliciting or accepting payment or rebate for
				  recommending any crematory, mausoleum, or cemetery, suggesting that a dead
				  human body be disposed of there.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.12 - Advertising › Section 10.29.12.06 - Penalties for Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A violation of these regulations pertaining to the use of
					 advertising may result in disciplinary action against the licensee under Health
					 Occupations Article, §
										7-316, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.13 - Rehabilitation Committee › Section 10.29.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to the Rehabilitation Committee of the Board of Morticians and Funeral
				  Directors.
B. The President of the
				  Board shall appoint the Rehabilitation Committee members.
C. The Rehabilitation Committee is a panel
				  which consists of a licensee member and a consumer member of the Board assisted
				  by administrative staff and Board Counsel.
D. The Rehabilitation Committee shall:
(1) Determine where meetings are held and the
				  frequency of the meetings;
(2) Keep
				  confidential minutes and maintain those minutes in a confidential file at the
				  Board office; and
(3) Review and
				  approve the procedures established by the Rehabilitation Committee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.13 - Rehabilitation Committee › Section 10.29.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Board of Morticians and
				  Funeral Directors.
(2) "Committee"
				  means the Rehabilitation Committee of the Board.
(3) "Formal agreement" means a written
				  agreement between the Committee and the practitioner that lists:
(a) The individual requirements for the
				  practitioner in the program; and
(b) The conditions that shall be met by the
				  practitioner.
(4)
				  "Impaired practitioner" means a licensee who is not capable of practicing
				  mortuary science competently and is in need of treatment and rehabilitation for
				  alcoholism, drug abuse, chemical dependency, or other physical, emotional, or
				  mental condition.
(5)
				  "Practitioner" means a licensed apprentice, funeral director, mortician, or
				  surviving spouse.
(6) "Program"
				  means the treatment and rehabilitation plan established by the Committee and
				  agreed upon by the practitioner.
(7) "Treatment entity" means a licensed
				  health care provider or licensed center for the evaluation, care, or
				  rehabilitation, or all of these, of an impaired practitioner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.13 - Rehabilitation Committee › Section 10.29.13.03 - Functions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Committee,
				  without cost to the Board, shall provide appropriate rehabilitative assistance
				  to impaired practitioners.
B. The
				  Committee shall:
(1) Make an initial review of
				  the nature of the practitioner's impairment to determine an appropriate course
				  of action;
(2) Review documentation
				  pertinent to the impairment which has been made available to the
				  Committee;
(3) Make appropriate
				  referrals for:
(a) Evaluation;
(b) Treatment; or
(c) Rehabilitation; and
(4) Design, or request a treatment entity to
				  design, a program that is generally accepted by an insurer which allows an
				  impaired practitioner to practice mortuary science in a competent
				  manner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.13 - Rehabilitation Committee › Section 10.29.13.04 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Admission to the
				  program may be the result of:
(1)
				  Self-referral;
(2) Formal
				  complaint; or
(3) Referral by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.14 - Compelling Purpose Disclosure › Section 10.29.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  permits the Board to disclose investigative information to other agencies, or
				  other entities, or both, under certain circumstances.
B. A custodian may disclose information in a
				  licensing or investigative file if the custodian determines that a compelling
				  public purpose exists to warrant disclosure.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.14 - Compelling Purpose Disclosure › Section 10.29.14.02 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The custodian may find that a compelling public purpose
					 warrants disclosure of information in a licensing or investigative file,
					 regardless of whether there has been a request for the information, and may
					 disclose the information under the following circumstances:
A. The information concerns possible criminal
				  activity, and is disclosed to a federal, state, or local law enforcement or
				  prosecutorial official or authority;
B. The information concerns a possible
				  violation of law, and is disclosed to a federal, state, or local authority that
				  has jurisdiction over the individual whose conduct may be a violation, and the
				  information disclosed is limited to information relevant to the possible
				  violation by that individual; or
C.
				  The information concerns conduct by an individual which the Board reasonably
				  believes may pose a risk to the public health, safety, or welfare, and is
				  disclosed to a law enforcement authority, administrative official or agency
				  that regulates the individual, or to a hospital or other health care facility
				  where the individual has privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.14 - Compelling Purpose Disclosure › Section 10.29.14.03 - Other Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not prevent or limit the ability of the
					 Board to disclose general licensing information as provided in State Government
					 Article, §
										10-617(h),
					 Annotated Code of Maryland, or any information which the Board may otherwise
					 disclose by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the collection of fees from licensed funeral establishments for
				  claimants to recover compensation from the Family Security Trust Fund for an
				  actual pre-need trust fund loss that occurred in this State due to theft,
				  embezzlement, false pretenses, forgery, fraud, or misrepresentation by a
				  licensed mortician, funeral director, or holder of a surviving spouse
				  license.
B. This chapter applies to
				  all preneed contracts entered into by a licensed mortician, funeral director,
				  or a holder of a surviving spouse license with a buyer, including those preneed
				  contracts arranged on behalf of a holder of a corporate license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Advisory Committee" means a committee
				  comprised of three Board members and a representative from two of the trade
				  associations which is assisted by Board Counsel provided by the Attorney
				  General's Office and Board Administrative personnel to administer the
				  Fund.
(2) "Board" means the
				  Maryland State Board of Morticians and Funeral Directors.
(3) "Claim" means a request filed in writing,
				  under oath, with supporting documentation by a claimant to obtain compensation
				  from the Family Security Trust Fund for a preneed trust fund loss as a result
				  of malfeasance, default, failure, or insolvency of any licensee under Health
				  Occupations Article, § 7-4 A-06, Annotated Code of Maryland.
(4) "Claimant" means an individual, or legal
				  representative of the individual who files a claim for loss.
(5) "Final order" means a public record
				  issued by the Board resolving a contested case either by consent or after an
				  adjudication, which includes findings of fact, conclusions of law, and a
				  disposition which:
(a) Denies a
				  license;
(b) Sanctions by
				  reprimand, probation, fine, or suspension or revocation of a license;
(c) Summarily suspends a license;
(d) Dismisses charges;
(e) Surrenders a license; or
(f) Takes any other action that the Board may
				  do by law.
(6) "Fund"
				  means the Family Security Trust Fund, a special, nonlapsing, interest bearing
				  account.
(7) "Preneed contract"
				  means an agreement entered into by a licensed mortician, a licensed funeral
				  director, or a holder of a surviving spouse license with a supervising
				  mortician or a supervising funeral director with a buyer in advance of the
				  death of that individual or beneficiary.
(8) "Seller" means a licensed mortician or
				  licensed funeral director who agrees to sell certain mortuary sciences services
				  or merchandise in a contractual arrangement between a buyer and a funeral
				  establishment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.03 - Mandatory Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed
				  funeral establishment may not be exempt from the fees outlined in this
				  regulation.
B. The Board shall send
				  out fee notices to the licensed establishments via first class mail or by any
				  electronic means by September 1.
C.
				  Annual payments shall be due on November 30 of every year. All active licensed
				  establishments shall be required to pay a fee of $375 to the Family Security
				  Trust Fund.
D. A late fee of $500
				  will be assessed on December 1 for any licensed establishment that is
				  delinquent in paying the mandatory contribution to the Fund.
E. If the establishment does not pay the
				  mandatory fee and the late fee by December 30, the Committee shall refer the
				  delinquent establishments to the Board for formal action to include possible
				  suspension of the supervising mortician license.
F. In addition to any applicable mandatory
				  late fee, the Board:
(1) Shall assess a $40
				  fee for returned checks; and
(2)
				  May not issue a license until the payment is made, including the late fee if
				  after December 1.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.04 - The Family Security Trust Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Board shall:
(1) Collect the mandatory
				  contributions;
(2) Deposit the
				  funds;
(3) Track interest;
				  and
(4) Process claims for loss
				  that occurred on or after January 1, 2010.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.05 - Filing a Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints
				  shall be processed pursuant to COMAR 10.29.11.
B. The Board shall issue a final order
				  against a licensee for violation involving a transaction that relates to
				  preneed funeral planning that occurred in the State and falls within its
				  jurisdiction.
C. The claimant
				  shall:
(1) Complete a claim form devised by
				  the Board;
(2) Provide a signed
				  preneed contract and copies of documentation of any and all money transactions
				  regarding the preneed contract; and
(3) Present all claims for losses to the
				  Board within 1 year:
(a) After the death of
				  the person who is the subject of the preneed contract;
(b) Upon the discovery by the claimant of the
				  defalcation; or
(c) At a later date
				  at the discretion of the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.06 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
Hearings shall be conducted in accordance with Health
					 Occupations Article, §
										7-319, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.07 - Restitution

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claimant may
				  receive compensation from the Fund for an actual preneed trust fund loss that
				  occurred on or after January 1, 2010. All payments shall be a matter to be
				  decided by the full Board in its discretion.
B. Restitution may only be obtained from the
				  Fund if adequate funds are not available from the preneed seller.
C. The amount of compensation recoverable by
				  a claimant shall be restricted to the actual monetary loss incurred by the
				  claimant.
D. The President of the Board shall sign claims by
				  designation to appropriate staff for payment from the Fund.
E. The Board shall order full or partial
				  payment of a claim.
F. If at any time there are not sufficient funds on
				  hand to pay all claims in full, the Board may, in its discretion, pay the
				  approved claims pro rata or defer payment until such time as adequate funds are
				  available.
G. The Board shall
				  determine the maximum cumulative amounts which shall be paid in respect to any
				  one claim or multiple claims by a single claimant arising from the same
				  licensee involved in either a client or fiduciary relationship. The percentage
				  of payment on the dollar remains the same for all victims of the same
				  licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.15 - Family Security Trust Fund › Section 10.29.15.08 - Recovery of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the
				  event restitution is made to a claimant under this chapter, the Board may bring
				  action to the extent authorized by statute against any person, including a
				  licensee -who is determined by the Board to be responsible for the
				  claim.
B. A licensee found guilty
				  of malfeasance, misfeasance, default, failure, or insolvency may not be
				  considered for reinstatement to an active status until all money paid from the
				  fund is repaid in full, plus interest from the time the payment is
				  made.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.16 - Crematories-Definitions › Section 10.29.16.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter defines terms used in COMAR 10.29.17-COMAR
					 10.29.20.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the crematory permit process and fees
					 for persons regulated under Health Occupations Article, Title 7, Annotated Code
					 of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.02 - Permit - Issuing Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Office of Cemetery Oversight. An individual shall obtain a permit to engage in
				  the operation of a crematory from the Office:
(1) If the individual:
(a) Holds a permit or registration under
				  Business Regulation Article, Title 5, Annotated Code of Maryland; and
(b) Owns a greater interest in a crematory
				  than a licensee or holder of a corporation license under Health Occupations
				  Article, Title 7, Annotated Code of Maryland;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.03 - Permit - Requirements for Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to approval of the Board, a person
				  shall receive a permit to operate a crematory in this State if the person meets
				  the permit requirements of this chapter.
B. A person shall:
(1) Submit an application on a form provided
				  by the Board;
(2) Pay the
				  nonrefundable application fee and any other applicable fees set forth in
				  Regulation .09 of this chapter;
(3)
				  Be of good moral character, if the applicant is an individual;
(4) Designate a registered crematory operator
				  who shall be responsible for the day-to-day operation of the business provided
				  that the registered crematory operator may not be designated as the responsible
				  party for more than a total of two crematories;
(5) Provide a certificate of status, issued
				  by the Maryland Department of Assessments and Taxation, if the applicant is a
				  business entity:
(a) Indicating that the
				  entity is in good standing, or its equivalent as determined by the Board;
				  and
(b) Dated not earlier than 30
				  days before the application; and
(6) Comply with all applicable federal,
				  State, and local laws.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.04 - Requirements for Registration of a Registered Crematory Operator

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual
				  may be registered by the Board as a registered crematory operator if the
				  individual meets the requirements of this regulation.
B. An individual shall:
(1) Submit an application on a form provided
				  by the Board;
(2) Pay the
				  nonrefundable fee and any other applicable fee set forth in Regulation .09 of
				  this chapter;
(3) Be of good moral
				  character;
(4) Be 18 years old or
				  older;
(5) Achieve certification as
				  a crematory operator by the Cremation Association of North America (CANA),
				  International Cemetery, Cremation and Funeral Association (ICCFA), or other
				  equivalent certification recognized jointly by the Board and the
				  Office;
(6) In the crematory with
				  which the applicant is affiliated:
(a)
				  Successfully complete the operator training course of the manufacturer of the
				  cremator; or
(b) Provide a
				  notarized letter by the supervising crematory operator for which the individual
				  is employed indicating the completion of training on the cremator;
				  and
(7) Provide evidence
				  to the Board of the individual's ability to read and write.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.05 - Change of Information

Current through Register Vol. 51, No. 14, July 12, 2024
The permit holder or registered crematory operator shall
					 notify the Board of any change in the information provided in the application
					 either before or after the issuance of a permit or registration within a
					 reasonable period of time but not to exceed 7 days from the date of the
					 change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.06 - Renewals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the
				  expiration date of the permit or registration, a permit holder or registered
				  crematory operator shall complete and return the renewal form, pay the
				  nonrefundable renewal fee, and submit any required documentation.
B. A person who has a permit or registration
				  as a permit holder or registered crematory operator may renew the permit or
				  registration every 2 years, beginning on a date specified by the Board, in the
				  following manner:
(1) Complete the renewal
				  application form;
(2) Pay the
				  nonrefundable renewal fee set forth in Regulation .09 of this
				  chapter;
(3) Meet the permit and
				  registration requirements of this chapter and Health Occupations Article, Title
				  7, Annotated Code of Maryland; and
(4) Submit the required
				  documentation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.07 - Lapsed Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A person who has been issued a permit and who has allowed
					 the permit to lapse for at least 6 months may apply for a permit by doing the
					 following:
A. Completing a permit
				  application form;
B. Paying the
				  permit fee and the late renewal fee set forth in Regulation .09 of this
				  chapter;
C. Meeting the permit
				  requirements under this chapter;
D.
				  Submitting the documentation required by this chapter;
E. Providing a full written explanation to
				  the Board detailing the reasons why the permit was allowed to expire and why a
				  permit is now sought; and
F.
				  Submitting to the Board an affidavit stating that the person did not engage in
				  the operation of a crematory in this State while the permit was
				  lapsed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board:
A. Initial permit or registration and renewal
				  fees:
(1) Crematory permit - $350;
(2) Registered crematory operator -
				  $300
(3) Crematory permit renewal -
				  $350;
(4) Registered crematory
				  operator renewal - $300; and
(5)
				  Late fee - $200; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.17 - Crematories - Permit, Licensing, and Fees › Section 10.29.17.09 - Display of Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A permit and registration, as well as any other permit or
					 license required by local, State, or federal agencies, shall be conspicuously
					 displayed in a public area on the crematory premises.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.18 - Crematories - Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties › Section 10.29.18.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs crematory inspections, standards, the
					 complaint process, investigations, grounds for discipline, and
					 penalties.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.18 - Crematories - Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties › Section 10.29.18.02 - Inspection by the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  crematory shall be available for inspection by a representative of the Board at
				  any time during operating hours.
B.
				  A crematory shall be inspected:
(1) On at
				  least a biennial basis;
(2) In
				  furtherance of an investigation; or
(3) Upon the sale or change of ownership of
				  the crematory.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.18 - Crematories - Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties › Section 10.29.18.03 - Crematory Inspection Report, Deficiencies, and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  review the inspection report and make a determination as to whether a
				  deficiency exists.
B. The Board
				  shall notify the permit holder of the results of the inspection by providing a
				  copy of the inspection report to the permit holder.
C. If a permit holder passes an inspection,
				  the permit holder shall, prominently and in public view, display on the
				  premises a statement issued by the Board that the crematory has successfully
				  passed an inspection.
D. If the
				  Board finds a deficiency, the Board shall:
(1)
				  Within 7 days, notify the permit holder of the deficiency or failure to pass
				  the inspection; and
(2) Provide a
				  copy of the inspection report to the permit holder within 30 days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.18 - Crematories - Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties › Section 10.29.18.04 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the permit
				  holder was issued a permit by the Board, a complaint shall be:
(1) Filed in compliance with the provisions
				  of COMAR 10.29.11.03; and
(2) Processed in accordance with the
				  provisions of COMAR 10.29.11.04.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.18 - Crematories - Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties › Section 10.29.18.05 - Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
The Board and the Office of Cemetery Oversight may share
					 investigative information and conduct joint investigations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.18 - Crematories - Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties › Section 10.29.18.06 - Grounds for Discipline, Hearing, and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to the provisions of Health
				  Occupations Article, §§
										7-316 and
				  7-319, Annotated
				  Code of Maryland, the Board may:
(1) Deny a
				  crematory permit or crematory operator registration to an applicant;
(2) Reprimand any permit holder or registered
				  crematory operator; or
(3) Suspend
				  or revoke a crematory permit or crematory operator registration.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the procedures to be followed in
					 performing a cremation in this State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.02 - Removal, Identification, and Transportation of Human Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of
				  human remains, a permit holder in the presence of the authorizing agent or
				  representative of the funeral establishment engaging crematory services shall:
(1) Verify that the information on the wrist
				  tag is consistent with the:
(a) Documentation
				  accompanying the deceased; and
(b)
				  Visual observation of the remains themselves;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.03 - Cremation Containers

Current through Register Vol. 51, No. 14, July 12, 2024
A cremation container:
A. Shall be a readily combustible, rigid
				  container suitable for cremation;
B. Shall provide a completely enclosed
				  covering for the human remains;
C.
				  Shall be resistant to leakage or spillage;
D. Shall be of sufficient strength and
				  rigidity for ease of handling;
E.
				  Shall provide protection to the health and safety of crematory establishment
				  personnel and the public;
F. Shall
				  comply with all local, State, and federal governmental emissions
				  regulations;
G. May not be composed
				  of metal or polyethylene material; and
H. If it appears to be heavily coated with
				  varnish, lacquer, or any other highly combustible substance, shall be:
(1) Placed in a cold cremator; or
(2) Coated completely with water before being
				  placed in the cremator.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.04 - Holding Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A holding facility shall:
A. Comply with applicable public health
				  laws;
B. Preserve the dignity of
				  human remains;
C. Recognize the
				  integrity, health, and safety of crematory establishment personnel;
				  and
D. Be secure from access by
				  unauthorized persons.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.05 - Holding Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. Human
				  remains that have been designated for cremation shall be cremated within 48
				  hours after receipt.
B. A permit
				  holder may not hold human remains for cremation unless the human remains are
				  contained within an individual, rigid, stackable, closed cremation
				  container.
C. A permit holder may
				  not accept a cremation container from which there is any evidence of leakage of
				  the body fluids from the human remains therein.
D. Whenever human remains are unable to be
				  cremated within 48 hours of taking custody thereof, the permit holder shall
				  maintain the human remains in a refrigerated holding facility, either on or off
				  site, at 40°F or less, unless the remains have been embalmed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.06 - Identification Immediately Before Cremation; Simultaneous Cremation of Multiple Human Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Immediately before being placed within the cremation chamber, the individual
				  authorized under this subtitle shall:
(1)
				  Verify the identification of the human remains; and
(2) Place in the cremator the circular hard
				  metal identification tag of the human remains being cremated where it shall
				  remain in place until the cremation process is complete.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.07 - Cremation Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided in COMAR
				  10.29.18.02, a permit holder may
				  not cremate human remains until:
(1) The body
				  has been identified as required under Health Occupation Article, §7-411,
				  Annotated Code of Maryland;
(2) The
				  permit holder crematory has received:
(a) A
				  cremation authorization on a form approved by the Board and signed by an
				  authorizing agent;
(b) If
				  applicable, a written delegation document or facsimile; and
(c) Any other documentation required by
				  federal, State, or local law; and
(3) The permit holder has documented that at
				  least 12 hours have elapsed from the time of death of the individual whose
				  remains are to be cremated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.08 - Record of Receipt of Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A permit holder shall provide to an individual who delivers human remains for
				  cremation a receipt signed by both the permit holder authority and the
				  individual who delivered the human remains, that includes the:
(1) Name of the individual from whom the
				  human remains were received and the name of the individual's employer, if
				  any;
(2) Name and address of the
				  crematory authority;
(3) Name of
				  the deceased;
(4) Gender of
				  deceased;
(5) Date of death of
				  deceased; and
(6) Verification of
				  authorized burial transit permit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.09 - Use of a Casket; Embalming

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as provided in §B of this regulation, a permit holder may not:
(1) Require that human remains be placed in a
				  casket before cremation or that human remains be cremated in a
				  casket;
(2) Refuse to accept human
				  remains for cremation because the remains are not in a casket; or
(3) Refuse to accept human remains for
				  cremation because the remains are in a suitable, combustible wooden casket, but
				  may require the authorizing agent or funeral establishment engaging the
				  services of the crematory authority to remove the metal mattress holder in the
				  casket.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.10 - Disposition of Cremated Human Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. On completion of the cremation, insofar as
				  is possible:
(1) All of the recoverable
				  residue of the cremation process shall be:
(a)
				  Removed from the cremator;
(b)
				  Except for medical devices remaining after cremation, processed; and
(c) Placed in a container; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.11 - Tools

Current through Register Vol. 51, No. 14, July 12, 2024
A crematory shall maintain at its own expense the following
					 tool inventory:
A. Safety placement
				  tool measuring a minimum of 49 inches in length;
B. Wire brushes for cleaning
				  cremators;
C. Brush with fine
				  bristles for cleaning pulverizers;
D. Mortar and pestle;
E. Funnel;
F. High temperature protective gloves and
				  heat resistant leather gloves;
G.
				  Hand magnet and metal detector wand to detect and remove metal from cremated
				  human remains;
H. Tweezers to
				  remove nonmetal objects from cremated human remains; and
I. Dust masks.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.19 - Crematories-Cremation Procedures › Section 10.29.19.12 - Visitors

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permit
				  holder or designated crematory operator shall:
(1) Submit to the Board the number of persons
				  not affiliated with the operations of the crematory who can safely be within
				  the same room and within 10 feet of the cremator door; and
(2) Verify to the Board that the permit
				  holder has submitted the information required in §A(1) of this regulation
				  to their liability insurance carrier.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.20 - Crematories-Code of Ethics › Section 10.29.20.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs any person who holds a permit
					 to:
A. Engage in the operation of a
				  crematory;
B. Act as a designated
				  crematory operator;or
C. Act as a
				  registered crematory operator.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.20 - Crematories-Code of Ethics › Section 10.29.20.02 - General Professional Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit holder or registered crematory
				  operator shall:
(1) Act in a manner that
				  respects and protects the dignity of a decedent and the decedent's
				  family;
(2) Conduct business in a
				  reasonable, usual, and customary manner avoiding unfair trade
				  practices;
(3) Comply with the
				  State public health laws as set forth in Health-General Article,
				  §§4-215 and 5-501, Annotated Code of Maryland;
(4) Comply with the Maryland Morticians and
				  Funeral Directors Act, Health Occupations Article, Title 7, Annotated Code of
				  Maryland;
(5) Implement and follow
				  through on all arrangements agreed on between consumer and the
				  crematory;
(6) Provide appropriate
				  services for and respect the rights of individuals without regard to age, race,
				  creed, national origin, gender, disability, marital status, political belief,
				  religious affiliation, social or economic status, or social
				  preferences;
(7) Comply with all
				  local, State, and federal laws regarding the final disposition of human
				  remains;
(8) Be sensitive and
				  responsive to the bereavement needs of a decedent's family; and
(9) Provide a general price list in effect at
				  that time in accordance with the Federal Trade Commission's funeral rule, 16
				  CFR part 453.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to:
A. Applicants for a mortuary transport
				  service permit;
B. Applicants for
				  registration as a transporter for a mortuary transport service;
C. Permitted mortuary transport services;
				  and
D. Registered
				  transporters.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.03 - Requirements for a Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				  qualify for a permit to operate a mortuary transport service, an individual
				  shall:
(1) Be at least 18 years of
				  age;
(2) Be of good moral
				  character; and
(3) Satisfy the
				  requirements of Health Occupations Article, §
											7-602(c),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.04 - Requirements for Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  To qualify as a registered transporter, an individual shall:
(1) Be at least 18 years of age;
(2) Be of good moral character;
(3) Hold a current valid driver's license in
				  good standing; and
(4) Be employed
				  by a mortuary transport service that holds a permit issued by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.05 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before using a
				  body bag for removal of human remains, the registered transporter shall inspect
				  the body bag to ensure that the body bag is fully closeable and that there are
				  no holes, rips, or tears in the body bag.
B. Potentially Infectious Body Fluids.
(1) All bodily fluids shall be considered as
				  potentially infectious and dealt with appropriately.
(2) Proper personal protective equipment
				  shall be available for use at all times.
(3) Contaminated surfaces and equipment shall
				  be cleaned with disinfectant immediately upon completion of the removal or as
				  soon as possible after the removal.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.06 - Prohibited Acts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit
				  holder or transporter shall:
(1) At all times
				  treat the human remains being transported with the utmost dignity;
				  and
(2) Comply with the
				  requirements of Health-General Article, §5-513, Annotated Code of
				  Maryland, except with regard to inspection of an out-of-State
				  facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.07 - Vehicle Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  removal vehicle shall:
(1) Be of appropriate
				  size for the transport of human remains;
(2) Have windows tinted to the extent that
				  human remains are obscured from public view;
(3) Have a cargo bay which:
(a) Is fully enclosed; and
(b) Is designed to prevent co-mingling or
				  shifting of human remains while in transit; and
(4) Have a floor which is a nonporous,
				  impervious surface.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees related to mortuary transport services
					 are established by the Board:
A.
				  Mortuary Transport Service Permit:
(1) Initial
				  fee:
(a) Category 1 (for 1-3 transporters,
				  including the permit holder) - $350;
(b) Category 2 (for 4-7 transporters,
				  including the permit holder) - $500;
(c) Category 3 (for 8-15 transporters,
				  including the permit holder) - $750; and
(d) Category 4 (for more than 15
				  transporters, including the permit holder) - $1,000; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.09 - Renewal Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  mortuary transport service's permit expires 30 days after the effective date of
				  this chapter.
B. After being issued
				  an initial permit, a mortuary transport service's permit:
(1) Expires on the date set by the Board,
				  unless it is renewed for an additional term; and
(2) May not be renewed for a term longer than
				  2 years.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.10 - Reinstatement Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				  reinstate an expired permit, an individual shall:
(1) Resubmit the application required by the
				  Board for initial applicants;
(2)
				  Satisfy the education requirements stated in Regulation .04B of this chapter;
				  and
(3) Pay to the Board the
				  reinstatement fee established by the Board in Regulation .08 of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.21 - Mortuary Transport Services › Section 10.29.21.11 - Multi-State Establishments

Current through Register Vol. 51, No. 14, July 12, 2024
All vehicles registered by an establishment which is part
					 of the same business structure as a licensed Maryland funeral establishment
					 shall be inspected by the Board at a convenient location within the State if
					 the related establishment intends to transport Maryland decedents in their
					 vehicles.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.22 - General Regulations › Section 10.29.22.01 - Temperature of Refrigeration Units

Current through Register Vol. 51, No. 14, July 12, 2024
A refrigeration unit used in the storage of human remains
					 shall be kept at a temperature lower than 44 degrees
					 Fahrenheit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
In recognition of its continuing responsibility to its
					 citizens to aid in reduction of the personal financial hardships associated
					 with end-stage renal disease, the State continues its commitment of resources
					 to the Kidney Disease Program of Maryland. This subtitle is designed so that
					 Maryland may provide help and support for its citizens whose needs are
					 partially or wholly unmet by present federal or private support, or both, for
					 end stage renal disease.