reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.14 - Code of Conduct › Section 10.28.14.05 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of this chapter may result in the Board taking
					 action to reprimand a licensee, place the licensee on probation, or suspend or
					 revoke the licensee's license. The Board may also impose a penalty not
					 exceeding $5,000.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.15 - Compelling Purpose Disclosure › Section 10.28.15.01 - 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
				  certification, 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 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.15 - Compelling Purpose Disclosure › Section 10.28.15.02 - 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 certification, licensing, or
					 investigative file, regardless of whether there has been a request for the
					 information, if the information concerns:
A. Possible criminal activity, and is
				  disclosed to a federal, state, or local law enforcement or prosecutorial
				  official or authority;
B. 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. 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 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.15 - Compelling Purpose Disclosure › Section 10.28.15.03 - 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 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.16 - Selling and Dispensing of Contact Lenses › Section 10.28.16.01 - 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) "Contact lens" means a medical device of
				  any material or power, including plano or zero-powered, that is placed directly
				  on:
(a) The cornea; or
(b) The cornea and sclera.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.16 - Selling and Dispensing of Contact Lenses › Section 10.28.16.02 - Sales and Dispensing of Contact Lenses

Current through Register Vol. 51, No. 14, July 12, 2024
Contact lens prescriptions and contact lenses are
					 prescribed, sold, dispensed, and otherwise regulated as stated in Health
					 Occupations Article, §
										11-404.4,
					 Annotated Code of Maryland, and any federal statute and regulations that may
					 supersede this Health Occupations citation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties › Section 10.28.17.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for sanctions and
					 monetary penalties not exceeding $5,000 against any optometrist in the State
					 if, after a hearing, the Board finds that there are grounds under Health
					 Occupations Article, §
										11-314, Annotated
					 Code of Maryland, to impose a sanction or monetary penalty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties › Section 10.28.17.02 - 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 State Board of
				  Examiners in Optometry.
(2)
				  "License" means a license issued by the Board to practice optometry.
(3) "Licensee" means an optometrist who is
				  licensed by the Board to practice optometry.
(4) "Penalty" means monetary
				  penalty.
(5) "Sanction" means a
				  formal disciplinary action against a license such as a reprimand, probation,
				  suspension, or revocation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties › Section 10.28.17.03 - Imposition of a Penalty - General

Current through Register Vol. 51, No. 14, July 12, 2024
Imposition of a Penalty After a Hearing. If, after a
					 hearing under Health Occupations Article, §
										11-315, Annotated
					 Code of Maryland, the Board finds that there are grounds under Health
					 Occupations Article, §
										11-313, Annotated
					 Code of Maryland, to suspend or revoke a license, the Board may impose a
					 penalty as set forth in this chapter:
A. Instead of, or in addition to, suspending
				  the license; or
B. In addition to
				  revoking the license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties › Section 10.28.17.05 - Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction

Current through Register Vol. 51, No. 14, July 12, 2024
Depending upon the facts and circumstances of each case,
					 and to the extent that they apply, the Board may consider the following
					 aggravating and mitigating factors in determining whether the sanction in a
					 particular case should fall outside the range of sanctions established by the
					 guidelines. These factors may include, but are not limited to, the
					 following:
A. Mitigating Factors:
(1) The licensee's lack of a prior
				  disciplinary record;
(2) The
				  licensee self-reported the violation to the Board;
(3) The licensee's full and voluntary
				  admissions of misconduct to the Board and cooperation during Board
				  proceedings;
(4) Implementation of
				  remedial measures to correct or mitigate harm arising from the
				  misconduct;
(5) Timely good-faith
				  effort to make restitution or to rectify consequences of misconduct;
(6) Evidence of rehabilitation or
				  rehabilitative potential;
(7)
				  Absence of premeditation to commit the misconduct;
(8) Absence of potential harm or adverse
				  impact to the public; and
(9) The
				  licensee's conduct was an isolated incident and not likely to recur.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties › Section 10.28.17.06 - Payment of Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  shall pay to the Board a penalty imposed under this chapter as of the date the
				  Board's order is issued, unless the Board's order specifies
				  otherwise.
B. Filing an appeal
				  under State Government Article, §
										10-222, Annotated
				  Code of Maryland, or Health Occupations Article, §
										11-318, Annotated
				  Code of Maryland, does not automatically stay payment of a penalty imposed by
				  the Board under this chapter.
C. If
				  a licensee fails to pay, in whole or in part, a penalty imposed by the Board
				  under this chapter, the Board may not restore, reinstate, or renew a license
				  until the penalty has been paid in full.
D. In its discretion, the Board may refer all
				  cases of delinquent payment to the Central Collection Unit of the Department of
				  Budget and Management to institute and maintain proceedings to ensure prompt
				  payment.
E. The Board shall pay all
				  monies collected under this chapter into the State's General Fund.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs procedures for disciplinary matters and hearings before the Maryland
				  State Board of Morticians and Funeral Directors and establishes the standards
				  for use as a guide for the imposition of disciplinary sanctions against any of
				  the following under jurisdiction of the Board:
(1) A licensed mortician, funeral director,
				  apprentice, surviving spouse, funeral establishment, corporation, crematory
				  supervisor, or executor;
(2) A
				  courtesy card holder;
(3) A holder
				  of a permit to operate a crematory;
(4) A certified crematory operator or
				  crematory technician;
(5) A holder
				  of a mortuary transport permit; and
(6) A registered transporter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.02 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				  interested parties shall be afforded an opportunity to be present at formal
				  hearings.
B. Written notice of the
				  hearing shall be sent by the Secretary of the Board to all interested parties
				  at least 30 days before the hearing. The notice shall state the date, time and
				  place of the hearing. It shall also state the issues or charges involved in the
				  proceeding. However, if by reason of the nature of the proceeding, the issues
				  cannot be fully stated in advance of the hearing, or if subsequent amendment of
				  the issue is necessary, they shall be fully stated as soon as
				  practicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.03 - Parties and Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  "Party" includes any person or agency named or admitted as a party, or properly
				  seeking and entitled as of right to be admitted as a party, in formal hearings.
				  Any person or agency may be admitted as a party for limited purposes.
B. All parties appearing at formal hearings
				  shall have the right to appear in proper person or by or with counsel. All
				  parties shall have the right to be accompanied, represented and advised by
				  counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.04 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Discovery on Request. By written request served on the other party and filed
				  with the Board or the Office of Administrative Hearings, as appropriate, a
				  party may require another party to produce, within 15 days, the following:
(1) A list of witnesses to be
				  called;
(2) Copies of documents
				  intended to be produced at the hearing; or
(3) Both.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.05 - Records and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall prepare an official record, which shall include all pleadings,
				  testimony, exhibits and other memoranda or material filed in the
				  proceeding.
B. Unless waived by all
				  parties, a stenographic record of the proceedings shall be made at the expense
				  of the Board. The record need not be transcribed, however, unless requested by
				  a party, or by the Board. The cost of any typewritten transcripts of any
				  proceeding, or part thereof, shall be paid by the party requesting the
				  transcript.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.06 - Presiding Officer Duties

Current through Register Vol. 51, No. 14, July 12, 2024
Each hearing shall be held before a quorum of the Board.
					 The president, or in his absence a member designated by him, shall be the
					 presiding officer, and shall have complete charge of the hearing, permit the
					 examination of witnesses, admit evidence, rule on the admissibility of
					 evidence, and adjourn or recess the hearing from time to
					 time.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.07 - Order of Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
The order in which the parties shall present their case
					 shall be determined by the presiding officer.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.08 - Examination of Witness and Introduction of Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. The rules of evidence in all hearings
				  under these regulations shall be as set forth in State Government Article,
				  §§
										10-208 and
				  10-209, Annotated
				  Code of Maryland.
B. Any party may
				  submit evidence, examine and cross-examine witnesses, and file objections,
				  exceptions and motions. However, when a party is represented by counsel, all
				  submission of evidence, examination and cross-examination of witnesses, and
				  filing of objections, exceptions and motions shall be done and presented solely
				  by the counsel.
C. The presiding
				  officer, or any person designated by him for the purpose, may examine any
				  witness called by any party. He may call as a witness any person in attendance
				  at the hearing. Any member of the Board may examine any witness called by any
				  party.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.09 - Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
Any party may submit briefs of the issues of fact and law
					 involved in the hearing. The briefs shall be filed in the form, with the number
					 of copies, and at the time as the presiding officer may
					 designate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.10 - Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Application.
(1) This regulation shall be
				  used by the Board as a guide for sanctioning pursuant to the Board's authority
				  under Health Occupations Article, §§
											7-205,
				  7-316, and
				  7-604, Annotated
				  Code of Maryland, for violations of the Morticians and Funeral Directors Act
				  and the Board's regulations.
(2)
				  The Board is not required to make findings of fact with respect to any of the
				  factors for determining the sanction indicated by the sanctioning
				  guidelines.
(3) A departure from
				  the sanctioning guidelines alone is not a ground for any hearing or appeal of a
				  Board action.
(4) Notwithstanding
				  these sanctioning guidelines, in order to resolve a disciplinary matter, the
				  Board and the offending person may agree to surrender a license, courtesy card,
				  permit, or certificate, or agree to a consent order with terms, conditions, and
				  sanctions agreed upon.
(5) In a
				  case where there are multiple and distinct violations, the Board may impose a
				  sanction greater than the maximum indicated by the sanctioning guidelines for
				  each individual violation.
(6) If
				  probation is imposed, the Board may impose appropriate terms and conditions of
				  probation. Violations of the terms or conditions may cause the Board to take
				  further disciplinary action.
(7) In
				  the event a violation does not fall within the sanction range, the Board shall
				  so indicate and use its best judgment to determine the appropriate sanction and
				  consider, to the extent possible, the factors in the sanctioning
				  guidelines.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.11 - Counsel to the Board

Current through Register Vol. 51, No. 14, July 12, 2024
The presiding officer may request the Office of the
					 Attorney General to participate in any hearing as counsel for the Board. Upon
					 that request, the counsel shall have all of the rights with regard to the
					 submission of evidence, examination and cross-examination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.12 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
Every decision and order rendered by the Board shall be in
					 writing and shall be accompanied by findings of fact and conclusions of law.
					 The findings of fact shall consist of a concise statement of the conclusions
					 upon each contested issue of fact. A copy of the decision and order and
					 accompanying findings and conclusions shall be delivered or mailed promptly to
					 each party or his attorney of record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.01 - Hearing Procedures › Section 10.29.01.13 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party
				  aggrieved by the decision and order rendered in the particular case may apply
				  for rehearing within 10 days after service on him of the decision and order.
				  Action on the application shall lie in the discretion of the Board.
B. Unless otherwise ordered, neither the
				  rehearing nor the application for rehearing shall stay the enforcement of the
				  order or excuse the persons affected by it for failure to comply with its
				  terms.
C. The Board may, on
				  rehearing, consider facts not presented in the original hearing, including
				  facts arising after the date of the original hearing, and may by new order
				  abrogate, change, or modify its original order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.02 - Examination › Section 10.29.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means any individual who
				  qualifies to take the Maryland mortician or funeral director
				  examination.
(2) "Board" means the
				  State Board of Morticians and Funeral Directors.
(3) "Maryland mortician and funeral director
				  examination" means the legal and practical examination that is given by the
				  Board to test the competency of individuals applying for a Maryland mortician
				  or funeral director license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.02 - Examination › Section 10.29.02.02 - Scope of Examination

Current through Register Vol. 51, No. 14, July 12, 2024
The Board will give a two-part examination which consists
					 of a:
A. Legal part, testing the
				  applicant's knowledge of Maryland law and regulations governing mortuary
				  science, including subject areas disclosed to applicants as part of a
				  notification of the upcoming examination sent to all licensed apprentices and
				  other applicants; and
B. One of the
				  following:
(1) Practical part for morticians,
				  testing competency in embalming and otherwise preserving a dead human body, as
				  specified in Health Occupations Article, §
											7-304(d)(1)(i)
				  and (ii), Annotated Code of Maryland; or
(2) Practical part for funeral directors,
				  testing competency in hazardous waste and washing and handling a dead human
				  body.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.02 - Examination › Section 10.29.02.03 - Requirements for Examination

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant shall:
A. Hold an apprentice license or have
				  completed the apprenticeship requirements;
B. Submit an application for examination on
				  the required form; and
C. Pay to
				  the Board the examination fee set forth under COMAR
				  10.29.04.02A.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.02 - Examination › Section 10.29.02.04 - Passing Score

Current through Register Vol. 51, No. 14, July 12, 2024
A. A minimum
				  passing grade of 70 percent is required on the law examination.
B. The practical examination shall be:
(1) Administered by the licensed Board
				  members; and
(2) Graded based on a
				  pass or fail score.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.02 - Examination › Section 10.29.02.05 - Frequency of Examination

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall hold an examination twice a year, in April
					 and October.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.02 - Examination › Section 10.29.02.06 - National Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  granting a Maryland mortician or funeral director license, the Board shall
				  require an applicant to take and pass the national examination administered by
				  the Conference of Funeral Service Examining Boards of the United States. The
				  national examination may be taken either before or after the applicant takes
				  the Maryland examination. An applicant may retake the national examination as
				  often as is necessary to fulfill this requirement.
B. A minimum passing grade of 75 percent on
				  each section of the examination is required.
C. The two sections of the examination are:
(1) Funeral service science, which includes:
(a) Embalming,
(b) Restorative art,
(c) Microbiology,
(d) Pathology,
(e) Chemistry, and
(f) Anatomy;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.03 - Inspection of Funeral Establishments › Section 10.29.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose and intent of this chapter is to prescribe
					 minimum standards for new and existing funeral establishments, renovations of
					 existing funeral establishments, restricted funeral establishments, and change
					 of ownership of funeral establishments where the practice of mortuary science
					 or funeral direction is conducted.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.03 - Inspection of Funeral Establishments › Section 10.29.03.03 - Funeral Establishment Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall license a funeral establishment before the funeral establishment may be
				  used for the practice of mortuary science or funeral direction.
B. The Board shall issue a funeral
				  establishment license to a funeral establishment that has:
(1) Complied with all applicable federal,
				  State, and local laws, including the requirements set forth in this
				  chapter;
(2) Except as provided in
				  §C of this regulation, completed all requirements specified in this
				  chapter within 6 months of application submission;
(3) Submitted an application to the Board on
				  the required form at least 60 days before the opening of the
				  business;
(4) Paid the
				  non-refundable application fee and, when applicable, the family security trust
				  fund fee; and
(5) Operated in
				  accordance with 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 10.29.03 - Inspection of Funeral Establishments › Section 10.29.03.04 - Restricted Funeral Establishment Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall license a restricted
				  funeral establishment before the restricted funeral establishment may be used
				  for the practice of mortuary science or funeral direction.
B. The Board shall issue a restricted funeral
				  establishment license to a restricted funeral establishment that has:
(1) Complied with:
(a) All applicable federal, State, and local
				  laws;
(b) Advertising requirements
				  set forth in COMAR 10.29.12; and
(c) Regulation .05 of this chapter;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.03 - Inspection of Funeral Establishments › Section 10.29.03.05 - Inspection by the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensed funeral establishment and a restricted funeral establishment shall be
				  open at all reasonable times for inspection by the Board. Inspection results
				  shall be written on forms approved by the Board.
B. Each funeral establishment and restricted
				  funeral establishment shall be inspected:
(1)
				  On a biennial basis;
(2) In
				  furtherance of an investigation; or
(3) Upon the sale or change of ownership of
				  the funeral establishment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.03 - Inspection of Funeral Establishments › Section 10.29.03.06 - Establishment Inspection Report and Deficiencies

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 funeral
				  establishment and the restricted funeral establishment in writing of the
				  results of the inspection.
C. If
				  the funeral establishment licensee and the restricted funeral establishment
				  licensee pass the inspection, the licensees shall prominently display on the
				  premises a statement issued by the Board that the funeral establishment and the
				  restricted funeral establishment have successfully passed the
				  inspection.
D. If the Board finds a
				  deficiency, the Board shall send to the owner and the restricted funeral
				  establishment within 2 weeks of the inspection notification of the deficiency
				  or failure to pass the inspection.
E. Correction of Deficiency.
(1) Except as provided in this section, an
				  owner and the restricted funeral establishment shall correct a deficiency
				  within 30 days after receipt of notification.
(2) The Board may require immediate
				  correction of a deficiency if the Board considers the correction necessary to
				  the interest of public health.
(3)
				  The owner or the restricted funeral establishment may request an extension of
				  time for correction of a deficiency.
(4) The Board may approve an extension of
				  time for correction of a deficiency.
(5) Upon completion of correction of all
				  deficiencies, the owner or the restricted funeral establishment shall notify
				  the Board.
(6) Upon notification,
				  the Board or its designee shall re-inspect the funeral establishment or the
				  restricted funeral establishment and the Board shall notify the owner or the
				  restricted funeral establishment in writing of the results of the re-inspection
				  within 1 week.
(7) If re-inspection
				  reveals additional deficiencies not cited in the first inspection report, the
				  owner or the restricted funeral establishment shall correct those deficiencies
				  in the time period specified unless an extension of time is requested by the
				  owner or the restricted funeral establishment and approved by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.03 - Inspection of Funeral Establishments › Section 10.29.03.07 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Failure to allow
				  an inspection of the funeral establishment or the restricted funeral
				  establishment may result in disciplinary action against a funeral establishment
				  license or a restricted funeral establishment license, subject to the hearing
				  requirements as set forth under Health Occupations Article, §
										7-319, Annotated
				  Code of Maryland.
B. Failure to
				  comply with a notice to correct deficiencies or violations within the 30-day
				  period, or any reasonable extension granted by the Board under Regulation .06E
				  of this chapter, may result in disciplinary action against a funeral
				  establishment license or the denial of a renewal of a funeral establishment
				  license, subject to the hearing requirements as set forth under Health
				  Occupations Article, §
										7-319, Annotated
				  Code of Maryland.
C. Disciplinary
				  action may not be taken against a supervising mortician or funeral director for
				  the acts or omissions of another individual unless the supervising mortician or
				  funeral director knew or should have known of a violation of:
(1) Health-General Article, Title 5,
				  Annotated Code of Maryland; or
(2)
				  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 10.29.04 - Fee Schedule › Section 10.29.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs all persons licensed by the Board of
					 Morticians and Funeral Directors in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.04 - Fee Schedule › Section 10.29.04.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board:
A. Mortician and Funeral Director examination
				  fee ... $265;
B. Mortician license,
				  initial fee ... $600;
C. Mortician
				  license, renewal fee ... $600;
D.
				  Apprenticeship license, initial fee ... $325;
E. Apprenticeship license, renewal fee ...
				  $325;
F. Corporation license,
				  renewal fee ... $975;
G.
				  Establishment license, initial fee ... $700;
H. Establishment license, renewal fee ...
				  $700;
I. Funeral director license,
				  initial fee ... $600;
J. Funeral
				  director license, renewal fee ... $600;
K. Executor license fee ... $250;
L. Surviving spouse license, initial fee ...
				  $600;
M. Surviving spouse license,
				  renewal fee ... $600;
N. Courtesy
				  card license, initial fee ... $600;
O. Courtesy card license, renewal fee ...
				  $600;
P. Late license fee-payable
				  if renewal fee is received more than 15 days after the expiration date ...
				  $400;
Q. Reinstatement fee-payable
				  after failure to renew the license within 5 years of the date of expiration ...
				  $600;
R. Inactive status fee ...
				  $300;
S. Inactive status renewal
				  fee ... $300;
T. Reactivation of
				  license fee ... $300;
U. Continuing
				  education vendor fee ... $100;
V.
				  Duplicate Wall Certificate ... $50;
W. Duplicate License ... $35;
X. Licensure Verification / Certification ...
				  $40;
Y. Failure to notify the Board
				  within 30 days of an address change ... $50;
Z. Returned check fee ... $40;
AA. Establishment name change ...
				  $150;
BB. Non-compliance inspection
				  fee, first offense ... $50;
CC.
				  Non-compliance inspection fee ... $100.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.04 - Fee Schedule › Section 10.29.04.03 - Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Licensees
				  shall pay to the Board of Morticians the fees set forth in:
(1) Regulation .02C of this chapter by April
				  30 of every year ending with an even number;
(2) Regulation .02E of this chapter
				  annually;
(3) Regulation .02F, I,
				  L, and N of this chapter by November 30 of every year ending with an even
				  number; and
(4) Regulation .02H of
				  this chapter by November 30 of every year ending with an even number;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.05 - Continuing Education › Section 10.29.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This regulation governs a person practicing as a mortician,
					 funeral director, or holder of a surviving spouse license in
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.05 - Continuing Education › Section 10.29.05.02 - 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) "Continuing
				  education unit (CEU)" means 50 clock minutes of educational instruction in a
				  Board-approved continuing education program.
(3) "Funeral director" means an individual
				  who is licensed by the Board to practice all aspects of mortuary science except
				  for embalming.
(4) "Mortician"
				  means an individual who practices mortuary science.
(5) "Surviving spouse" means the legal widow
				  or widower of a licensed funeral director or licensed mortician, whose license
				  was in good standing at the time of death, and who, at the time of death,
				  wholly or partly owned and operated a mortuary science business.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.05 - Continuing Education › Section 10.29.05.03 - Standards of Continuing Education Preapproval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Continuing education units are
				  automatically approved and do not need to be submitted to the Board if the
				  programs are:
(1) Approved by the Academy of
				  Funeral Service Practitioners;
(2)
				  Sponsored by national service organizations;
(3) Sponsored by State
				  associations;
(4) Sponsored by
				  local associations;
(5) Provided by
				  suppliers; or
(6) Already approved
				  by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.05 - Continuing Education › Section 10.29.05.04 - Post-Approval and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  licensee seeking credit for attendance and participation in an education
				  program that is not preapproved shall submit to the Board, within 30 days after
				  completion of the activity, the following:
(1)
				  Activity's dates;
(2) Subjects
				  covered;
(3) Names of instructors
				  and their qualifications; and
(4)
				  Number of CEUs requested.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.05 - Continuing Education › Section 10.29.05.05 - Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following licensees, except as
				  otherwise stated, at the time of renewal, shall submit documentation of
				  continuing education in the field of mortuary science to the Board:
(1) Morticians;
(2) Funeral directors; and
(3) Surviving spouses.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.05 - Continuing Education › Section 10.29.05.06 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  grant an exemption from meeting the continuing education requirements to a
				  licensed mortician, funeral director, or surviving spouse license holder who
				  has practiced mortuary science in the State for 40 years and has submitted a
				  one-time request for an exemption to the Board at the time of license
				  renewal.
B. The Board shall
				  consider a waiver of all or part of the continuing education requirements on a
				  case-by-case basis for a licensed mortician, funeral director, or surviving
				  spouse license holder based on documentation of disability or unusual
				  circumstances.
C. A mortician,
				  funeral director, or surviving spouse licensee whose license is on an inactive
				  status is not required to meet the continuing education requirements.
D. Upon reactivation of an inactive license,
				  a mortician, funeral director, or surviving spouse shall submit documentation
				  of CEUs for the current renewal period in which the license is
				  reactivated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to all preneed contracts entered
					 into by a licensed mortician, a licensed funeral director, and a holder of a
					 surviving spouse license with a buyer.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.02 - 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) "At need" means funeral arrangements made
				  after the death of an individual by one authorized to make those
				  arrangements.
(2) "Beneficiary"
				  means the individual on whose behalf the preneed contract is
				  purchased.
(3) "Board" means the
				  State Board of Morticians and Funeral Directors.
(4) "Buyer" means an individual who agrees to
				  buy certain mortuary science services and merchandise in a preneed contractual
				  arrangement.
(5) "Casket vault"
				  means a combination casket and outer burial enclosure.
(6) "Contract" means preneed
				  contract.
(7) "Irrevocable trust"
				  means an arrangement, which cannot be revoked after its creation, by which
				  property is transferred with the intention that it be administered by a trustee
				  for another's benefit.
(8)
				  "Licensee" means an individual who has been issued either a mortician, funeral
				  director, or surviving spouse license by the Board.
(9) "Preneed addendum form" means the form
				  provided by the Board to show the allocation of preneed funds.
(10) "Preneed contract" means an agreement
				  entered into by a licensed mortician, a licensed funeral director, or holder of
				  a surviving spouse license with a buyer in advance of the death of that
				  individual or beneficiary.
(11)
				  "Seller" means a licensed mortician, licensed funeral director, or a holder of
				  a surviving spouse license who agrees to sell certain mortuary science services
				  or merchandise in a preneed contractual arrangement between a buyer and a
				  funeral establishment.
(12)
				  "Trustee" means the seller of preneed mortuary services or merchandise selected
				  under the terms of an irrevocable trust arrangement established on behalf of
				  the beneficiary for the purpose of eligibility for Social Security or other
				  governmental benefits.
(13) "Unable
				  to perform" means that the seller has died or become disabled, or that the
				  funeral service business has discontinued.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.03 - Execution of Preneed Contract

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Only a licensed mortician, licensed funeral director, or holder of a surviving
				  spouse license may make pre-arrangements and execute preneed contracts with
				  buyers.
B. The seller shall present
				  to the buyer a preneed contract which contains all of the information set forth
				  in Health Occupations Article, §
										7-404, Annotated
				  Code of Maryland.
C. The seller and
				  buyer of a preneed contract shall execute the contract in duplicate, with a
				  copy of the original contract given to the buyer at the time that the contract
				  is signed.
D. The seller shall
				  state in the preneed contract:
(1) The time
				  required for fulfilling the terms and conditions of the contract;
(2) The cancellation terms; and
(3) The conditions of
				  refunds.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.04 - Disposition of Preneed Contract Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10 days of receiving payment under
				  a preneed contract, the seller shall deposit into an interest-bearing escrow or
				  trust account that is insured by the Federal Deposit Insurance Corporation
				  (FDIC):
(1) An amount from the payment that is
				  equal to at least 80 percent of the selling price of a casket or casket vault
				  under the preneed contract; and
(2)
				  100 percent of the payment that is for all other goods and services under the
				  preneed contract.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.05 - Obligations of Seller

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  seller shall provide the buyer with:
(1) A
				  general price list of all goods and services for the buyer to keep;
(2) A statement of goods and services that
				  are reasonably expected to be required at the time of need, but are not
				  included in the preneed contract;
(3) Information concerning cancellation and
				  refund rights under Health Occupations Article, §
											7-405(d),
				  Annotated Code of Maryland;
(4) A
				  receipt for all monies received and a copy of the completed forms signed and
				  executed by the seller and the buyer; and
(5) A copy of the deposit slip showing the
				  amount of preneed funds deposited into an interest-bearing escrow or trust
				  account with an FDIC insured account under Regulation .04A of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.06 - Termination of Preneed Contract

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided in this regulation, a preneed contract may not be
				  terminated by the seller.
B. Except
				  as otherwise provided in this section, a seller may not withdraw from the
				  preneed interest-bearing escrow or trust account the money received from a
				  buyer unless the services and merchandise agreed to in the contract have been
				  provided.
C. At the time a preneed
				  contract is terminated, the seller shall refund to the buyer the payments and
				  interest held for the buyer, if any one of the following conditions occur:
(1) The buyer or the legal representative or
				  representatives of the buyer demands in writing a refund of the payments made
				  except as set forth in Regulation .09 of this chapter;
(2) The business of the seller is
				  discontinued;
(3) The seller is
				  unable to perform under the terms and conditions of the preneed contract for
				  reasons other than an increase in the cost of goods and services; or
(4) The buyer fails to pay the entire
				  contract price before the death of the beneficiary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.06 - Preneed Contract › Section 10.29.06.07 - Premature Death of Beneficiary or Buyer

Current through Register Vol. 51, No. 14, July 12, 2024
If the death of the buyer or beneficiary occurs before the
					 terms and conditions of the preneed contract are met, the buyer or legal
					 representative of the beneficiary shall be given the option of withdrawing all
					 funds paid and interest accrued or renegotiating a contract with mutually
					 agreed upon financial adjustments.