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 10.29.06 - Preneed Contract › Section 10.29.06.08 - Sale or Change in the Ownership of a Funeral Corporation or Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  funeral corporation or establishment which is in the process of being sold
				  shall file with the Board a list of preneed contracts and document that the
				  money resulting from the preneed contracts has been set aside in an
				  interest-bearing, federally insured escrow or trust account.
B. The seller of the funeral corporation or
				  establishment shall document that arrangements have been made with the buyer
				  and with another licensee to honor the preneed contracts.
C. The seller shall notify the buyers of the
				  preneed contract that the business is being sold and give the buyers an
				  opportunity to either continue the same contractual arrangements with the new
				  owner or to demand a refund of the money paid into the interest-bearing escrow
				  or trust account.
D. On the death
				  or disability of the seller or if the seller loses or is unable to use that
				  individual's license, the partners or surviving spouse shall notify the Board
				  and document that the preneed contract money has been set aside and remains
				  inviolate, and that arrangements have been made to honor the preneed
				  contracts.
E. On the death or
				  disability of the seller or if the seller loses or is unable to use that
				  individual's license, the buyer of the preneed contract shall be contacted and
				  given an opportunity to either continue the arrangement with the remaining
				  partners or surviving spouse or to demand a refund of the money paid into the
				  interest-bearing escrow or trust account.
F. If a licensee files for bankruptcy and
				  that bankruptcy involves assets which include preneed contracts and bank
				  accounts, the bankrupt, or the trustee appointed by the court to handle the
				  bankruptcy, shall:
(1) Notify the Board of
				  that bankruptcy filing;
(2)
				  Document to the Board the number of preneed accounts that exist;
(3) Identify the bank accounts for those
				  preneed documents; and
(4) Make
				  assurances to the Board that the preneed accounts will be honored.
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 10.29.06.09 - Irrevocable Trusts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A buyer may
				  establish an irrevocable trust with respect to all or any portion of the
				  payment made under the contract in an interest-bearing, federally insured
				  escrow or trust account held by the seller, but only for the purpose of
				  entitling the buyer to be eligible for current Social Security benefits or for
				  benefits under any other plan that restricts eligibility to those with limited
				  assets.
B. The seller shall present
				  to the buyer a document establishing the irrevocable trust which provides:
(1) The appointment of a trustee to sign all
				  necessary papers to effectuate the contract upon the death of the
				  buyer;
(2) That the disposition of
				  income earned by the trust inures to the benefit of the buyer;
(3) The transfer of the trust funds, if
				  required; and
(4) The disposition
				  of the trust funds if:
(a) The business of the
				  seller is discontinued,
(b) The
				  seller is unable to perform under the terms and conditions of the preneed
				  contract, or
(c) 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 10.29.06.10 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  individuals may not enter into a preneed contract with a buyer:
(1) The owner or director of a corporation
				  license issued by the Board who is not also a licensed mortician, funeral
				  director, or holder of a surviving spouse license;
(2) A holder of an apprentice
				  license;
(3) A holder of a courtesy
				  card license; or
(4) An individual
				  who is not licensed by the Board as a mortician, funeral director, or surviving
				  spouse license holder.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for the issuance of a
					 surviving spouse license by the State Board of Morticians and Funeral
					 Directors.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.02 - 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
				  Morticians and Funeral Directors.
(2) "Funeral director" means an individual
				  who is licensed by the Board to practice funeral direction.
(3) "Mortician" means an individual who
				  practices mortuary science.
(4)
				  "Mortuary science" means:
(a) To operate a
				  funeral establishment;
(b) For
				  compensation, to prepare a dead human body for disposition including
				  disinfecting or preserving a dead human body or any of the body's parts by
				  arterial or cavity injection; or
(c) For compensation, to arrange for or make
				  final disposition of a dead human body.
(5) "Mortuary science business" means the
				  activities and entity related to providing mortuary science services.
(6) "Surviving spouse" means the husband or
				  wife who is predeceased by a licensed mortician or funeral director.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.03 - Issuance of a Surviving Spouse License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the death of a licensed mortician or
				  funeral director, the surviving spouse shall:
(1) Submit to the Board within 30 days of the
				  death of the deceased spouse:
(a) An
				  application on a form required by the Board,
(b) Documentation of the spouse's
				  death,
(c) Evidence that the
				  licensed mortician or funeral director either wholly or partly owned the
				  mortuary science business for which an establishment license was
				  issued,
(d) Information as to the
				  role that the deceased licensed mortician had in the operation of that
				  business, and
(e) Any other
				  information requested by the Board to verify either the ownership or
				  operational details of the mortuary science business with which the deceased
				  mortician or funeral director had been associated; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.04 - Authority of Surviving Spouse License

Current through Register Vol. 51, No. 14, July 12, 2024
The surviving spouse license shall authorize the licensee
					 to:
A. Continue the operation of the
				  mortuary science business of the deceased licensed mortician as it had been
				  operated at the time of the licensed mortician's death; and
B. Assist with the planning and conducting of
				  funeral services for that mortuary science business.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.05 - Duration of Surviving Spouse License

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the renewal provisions of Regulation .09 of this
					 chapter, a surviving spouse license shall remain effective if the license is
					 used in accordance with Regulation .04 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.06 - Conditions of Issuance of a Surviving Spouse License

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may issue a surviving spouse license if the Board
					 receives:
A. Documentation that the
				  business is to be operated under the direct supervision of a licensed mortician
				  or funeral director;
B. The name,
				  address, and license number of the mortician or funeral director that will be
				  operating the business;
C. A
				  written statement from a licensed mortician on a form required by the Board
				  verifying that, if embalming is provided, the licensed mortician will provide
				  direct supervision and perform the embalming or other means of final
				  disposition of dead human bodies on behalf of the mortuary science business
				  requesting the license; and
D.
				  Documentation that the business continues to be operated in the same manner or
				  mode as it had been operated at the death of the licensed mortician or funeral
				  director.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.07 - Limitations of Surviving Spouse License

Current through Register Vol. 51, No. 14, July 12, 2024
A. A surviving spouse's practice is limited
				  to the conduct of the deceased licensed mortician or funeral director's
				  mortuary business as the mortuary business had been operated during the
				  spouse's lifetime.
B. Nothing in
				  these regulations precludes the expansion or relocation of the business by a
				  surviving spouse.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.08 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The surviving
				  spouse is prohibited from using the surviving spouse license to conduct
				  business in any manner contrary to the provisions set forth in this
				  chapter.
B. The surviving spouse
				  license may not be transferred to another person or to another person's
				  mortuary science business or funeral establishment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.09 - Leasing Space

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  surviving spouse licensee may not be precluded from leasing space in another
				  funeral establishment should the building no longer exist in which the mortuary
				  science business of the deceased licensed mortician or funeral director was
				  conducted.
B. If space in a funeral
				  establishment is leased, all transactions, stationery, funeral programs, bank
				  or savings and loan records, advertisements, and other documents shall
				  explicitly serve notice to the public that the mortuary science business
				  operated by the surviving spouse is different from the establishment in which
				  the funerals are conducted.
C. If
				  space in a funeral establishment is leased, the name of the business of the
				  deceased mortician or funeral director shall be used in all advertisements,
				  including obituary notice, with the name and address of the funeral
				  establishment from which the space is leased.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.07 - Surviving Spouse › Section 10.29.07.10 - Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
The license of a surviving spouse may be renewed every 2
					 years if the surviving spouse:
A.
				  Submits information on the form required by the Board;
B. Pays the renewal fee required by the Board
				  pursuant to COMAR 10.29.04; and
C.
				  Complies with the requirements 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 10.29.08 - Courtesy Card › Section 10.29.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern courtesy cards for those licensed
					 to practice mortuary science in other states or countries who wish to transport
					 bodies from Maryland to their states or countries of licensure or from their
					 states or countries of licensure to Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.08 - Courtesy Card › Section 10.29.08.02 - 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) "Committal
				  service" means a ritual conducted at the graveside or crematory following a
				  funeral held at a location other than a cemetery or crematory.
(3) "Courtesy card" means a license issued by
				  the Board to licensed practitioners of mortuary science in other states or
				  countries which allows these practitioners to:
(a) Remove a dead human body from this State
				  and return the body to another state or country;
(b) Return a dead human body from another
				  state or country to this State for final disposition;
(c) Fill out the family history portion of
				  the death certificate;
(d) Sign the
				  death certificate in the holder's capacity as a licensed practitioner of
				  mortuary science without the assistance of or being under the supervision of a
				  Maryland licensed mortician or funeral director; and
(e) Participate in committal services in
				  Maryland without the assistance of a Maryland mortician or funeral
				  director.
(4) "Graveside
				  funeral service" means a program or ritual conducted at the cemetery or
				  crematory on behalf of a dead human body instead of one conducted at a funeral
				  home or place of worship.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.08 - Courtesy Card › Section 10.29.08.03 - Requirements for Courtesy Card

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An individual already licensed in another state or country to practice mortuary
				  science may apply to the Board for a courtesy card.
B. An individual licensed to practice
				  mortuary science from another state or country, and who is seeking a courtesy
				  card issued by the Board, shall fulfill the following requirements:
(1) Complete an application on a form
				  provided by the Board;
(2) Have the
				  state or country where the individual is licensed certify, by affixing the seal
				  of that state or country on the completed application, that the applicant is a
				  licensee in good standing in that state or country; and
(3) Submit the completed, certified
				  application form along with the fee specified in COMAR 10.29.04.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.08 - Courtesy Card › Section 10.29.08.04 - Authority of Courtesy Card

Current through Register Vol. 51, No. 14, July 12, 2024
Upon issuance of a courtesy card by the Board, the courtesy
					 cardholder is authorized to:
A.
				  Complete the family history portion of the death certificate and file it with
				  the local health department or Department of Health and Mental
				  Hygiene;
B. Complete any other
				  forms, including the burial transit permit, incident to the disposition of a
				  dead human body;
C. Transport an
				  embalmed or unembalmed body from the state or country of licensure to Maryland
				  for interment or cremation without the assistance of or under the direction of
				  a Maryland mortician or funeral director;
D. Transport an embalmed or unembalmed body
				  from Maryland to the state or country of licensure for interment or cremation
				  without the assistance of or under the direction of a Maryland mortician or
				  funeral director; and
E. Conduct a
				  committal service without the assistance of or under the direction of a
				  Maryland mortician or funeral director.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.08 - Courtesy Card › Section 10.29.08.05 - Fee for Courtesy Card

Current through Register Vol. 51, No. 14, July 12, 2024
The fee for a courtesy card, as specified in COMAR
					 10.29.04, is nonrefundable and shall be prorated according to a schedule set by
					 the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.08 - Courtesy Card › Section 10.29.08.06 - Requirements for Renewal of Courtesy Card

Current through Register Vol. 51, No. 14, July 12, 2024
To renew a current courtesy card, the courtesy cardholder
					 shall:
A. Complete a renewal
				  application form provided by the Board;
B. Have the state or country where the
				  individual is licensed certify, by affixing the seal of that state or country
				  on the completed application, that the applicant is a licensee in good standing
				  in that state or country; and
C.
				  Pay the renewal fee as specified in COMAR 10.29.04.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.08 - Courtesy Card › Section 10.29.08.07 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
The holder of a courtesy card may not:
A. Transfer the card to another
				  individual;
B. Own a funeral
				  business in Maryland unless the courtesy cardholder is also an owner of or
				  director in a corporation whose license is issued by the Board; or
C. Except for the requirements listed in
				  Regulation .04 of this chapter, perform any of the acts related to the practice
				  of mortuary science in Maryland including, but not limited to:
(1) Arranging for funerals;
(2) Conducting funerals in Maryland,
				  including graveside services;
(3)
				  Advertising as a practitioner of mortuary science services in
				  Maryland;
(4) Signing contracts for
				  funeral services in Maryland; or
(5) Preparing deceased human remains in
				  Maryland for disposal.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth specific criteria which an
					 apprentice shall meet before becoming a licensed mortician or funeral director
					 in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.02 - 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) "Apprentice" means an individual licensed
				  by the Board who assists and is employed at the same licensed Maryland
				  establishment as the sponsor of the apprentice, and is under the direct
				  supervision of a licensed Maryland mortician or funeral director.
(2) "Apprentice sponsor" means a mortician or
				  funeral director who:
(a) Has been in good
				  standing with the Board for the previous 5 years;
(b) Has been practicing mortuary science as a
				  licensed mortician or funeral director in Maryland at least 5 years immediately
				  before accepting the apprentice;
(c) Manages, owns, or is employed by a
				  licensed funeral establishment in Maryland in which the licensed apprentice is
				  employed;
(d) Is responsible for
				  the direct supervision of1,000 hours of work with the apprentice; and
(e) Assumes responsibility on their
				  individual license for the delegate or apprentice's conduct, whether it is
				  consistent or fails to be consistent with the professional standards and
				  provisions set forth in Health Occupations Article, Title 7, Annotated Code of
				  Maryland.
(3) "Board"
				  means the State Board of Morticians and Funeral Directors.
(4) "Committal services" means a ritual
				  conducted at the graveside or crematory following a funeral held at a location
				  other than a cemetery or crematory.
(5) "Delegate" means a licensed mortician or
				  a licensed funeral director employed by the same licensed funeral establishment
				  as the apprentice sponsor and to whom the apprentice sponsor delegates direct
				  supervision.
(6) "Direct
				  supervision" has the same meaning as in Health Occupations Article, §
											7-306(e)
				  (3), Annotated Code of Maryland.
(7) "Graveside services" means any program or
				  rituals conducted at the cemetery or crematory on behalf of a decedent instead
				  of one conducted at a funeral home or place of worship.
(8)
				  "Licensed apprentice" means an apprentice who is licensed by the Board to
				  assist the apprentice sponsor or a licensee delegated by the sponsor to provide
				  direct supervision.
(9) "Licensed
				  funeral director" means a funeral director who is licensed by the Board to
				  practice all aspects of mortuary science except embalming.
(10) "Licensed mortician" means a mortician
				  who is licensed by the Board to practice mortuary science.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.03 - Requirements of Apprenticeship

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  To meet the apprentice requirements set forth in Health Occupations Article,
				  §
										7-306, Annotated
				  Code of Maryland, an applicant for a mortician's or funeral director's license
				  shall be:
(1) Employed in the same Maryland
				  establishment as the applicant's sponsor or the sponsor's delegate;
				  and
(2) Serve under the direct
				  supervision of the applicant's sponsor or the sponsor's delegate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.04 - Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An apprentice
				  shall submit documentation to the Board of completion of the following
				  requirements to be considered for a mortician's license:
(1) Certified transcripts of completion of
				  educational requirements as set forth in Health Occupations Article, §
											7-306, Annotated
				  Code of Maryland;
(2) On the
				  mortician application form provided by the Board, evidence of participation in:
(a) 20 embalming assists with corresponding
				  copies of the filed death certificates for the embalmed human remains;
				  and
(b) 20 funeral direction
				  assists, as specified in Regulation .03B(1) of this chapter, with a
				  corresponding published notice of the service for each of the at least 20
				  decedents and a copy of the filed death certificate;
(3) A notarized statement signed by the
				  apprentice and the apprentice sponsor verifying the completion of 1,000 hours
				  worked under the direct supervision of the apprentice sponsor;
(4) Embalming reports signed by the
				  apprentice and apprentice sponsor to document the apprentice's participation in
				  20 embalmings; and
(5)
				  Documentation on a form provided by the Board and signed by the apprentice and
				  apprentice sponsor or the sponsor's delegate of participation in at least four
				  of each of the following:
(a) A pre-need
				  arrangement;
(b) An at-need
				  arrangement for burial;
(c) A
				  cremation arrangement; and
(d) A
				  cemetery transfer with a service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.05 - Embalming Requirements for Mortuary Science Apprenticeship

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the apprentice sponsor has more than one
				  apprentice, unless otherwise approved by the Board, only one apprentice may
				  receive credit on the same human remains if more than one apprentice assisted
				  the apprentice sponsor.
B.
				  Applicants for an apprenticeship who are studying to be funeral directors are
				  exempt from the practical aspects of embalming.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.06 - Commencement of Apprenticeship

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The apprentice and the apprentice sponsor or sponsors shall appear before the
				  Board and receive the Board's approval of the apprenticeship before the
				  apprenticeship commences.
B. The
				  apprentice and the apprentice sponsor shall sign an agreement with the Board to
				  adhere to the conditions and requirements of apprenticeship before the
				  apprenticeship commences.
C. The
				  apprentice may have no more than two sponsors who shall attest to the Board
				  what each sponsor is responsible for teaching the apprentice.
D. The apprentice sponsor shall assume
				  responsibility on their individual license for the delegate or apprentice's
				  conduct, whether it is consistent or fails to be consistent with the
				  professional standards and provisions set forth in 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 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.07 - Termination of Apprenticeship

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The sponsor and the apprentice shall submit a notarized statement indicating
				  the:
(1) Name of each decedent for whom a
				  funeral arrangement was conducted in which the apprentice assisted;
(2) Date of each assisted funeral
				  arrangement;
(3) Name of each
				  decedent for whom an embalming was conducted in which the apprentice who is
				  studying to be a mortician assisted; and
(4) Date of each assisted
				  embalming.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.08 - Laws and Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
All licensed apprentices shall become competent in the
					 knowledge of Maryland and federal laws and regulations as they apply to the
					 funeral profession.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.09 - Waiver of Apprenticeship Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A mortician or funeral director who is
				  licensed by another state and who is in good standing with the state of
				  licensure may apply in writing to the Board for a waiver of the examination and
				  apprenticeship requirements under Health Occupations Article, §
										7-303, Annotated
				  Code of Maryland.
B. The Board may
				  issue a mortician or funeral director license to an applicant who is licensed
				  to practice mortuary science or funeral direction in any other state if the
				  applicant:
(1) Is a licensed mortician,
				  funeral director, or other equivalent health care occupation in good standing
				  and has practiced continuously in the state of licensure as a mortician for at
				  least 5 years preceding the waiver request;
(2) Serves an apprenticeship consisting of at
				  least 1,000 hours in Maryland and documents that apprenticeship to the Board,
				  or has served an apprenticeship of at least 1,000 hours in the applicant's
				  state of initial licensure;
(3)
				  Passes the Maryland law portion of the written examination administered by the
				  Board; and
(4) Pays the fees
				  required as specified in COMAR 10.29.04.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.10 - Change in the Apprenticeship

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If the apprentice sponsor and apprentice relationship changes, both the
				  apprentice and the apprentice sponsor shall notify the Board of the termination
				  of the apprenticeship in writing and document to the Board in affidavit form
				  the number of hours worked and the funeral arrangements and embalming assists
				  participated in by the apprentice as of the date of termination as noted in
				  Regulation .07 of this chapter.
B.
				  If the apprentice obtains a new sponsor, both the apprentice and the new
				  sponsor shall appear before the Board to obtain approval of the apprenticeship
				  before the apprenticeship commences.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.11 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Education.
(1) The applicant shall submit to
				  the Board a certified copy of a high school diploma, G.E.D., or a certified
				  transcript of any post high school degree received.
(2) Before an applicant appears before the
				  Board for approval of an apprentice license, the applicant shall be enrolled in
				  or have graduated from a mortuary science program at a school accredited by the
				  American Board of Funeral Service or approved by the Board, with a 2.0 or
				  higher grade point average that is verified with a certified copy of the
				  college transcript, if the applicant has a grade point average.
(3) A licensed apprentice who was enrolled in
				  a mortuary science program at the time the license was granted shall remain
				  enrolled in the program for the duration of the apprenticeship unless the
				  licensed apprentice graduates.
(4)
				  The applicant shall appear before the Board with a sponsor who:
(a) Holds a current valid mortician or
				  funeral director license in Maryland; and
(b) Is employed by the same funeral home that
				  employs the apprentice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.12 - Renewals and Extensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  apprentice may renew the apprenticeship license by submitting a renewal
				  application on the form required by the Board.
B. An apprentice may renew the apprenticeship
				  license annually for not more than 2 consecutive years.
C. If after 4 years, consisting of the
				  initial license as an apprentice and two consecutive renewals, the apprentice
				  has not completed the requirements of the apprenticeship, the apprentice may
				  submit to the Board a written request for an extension which the Board may
				  grant upon good cause shown.
D. If
				  the apprentice fails to obtain the AA degree in mortuary science or an AA
				  degree in funeral service from a school recognized by the Board or fails to
				  meet any other apprenticeship requirements specified in this chapter within 3
				  years of the commencement of the apprenticeship, the apprentice may apply for
				  an extension of the apprenticeship which the Board may grant for good cause
				  shown.
E. The Board may not grant
				  more than two extensions to an apprentice.
F. An apprentice requesting a renewal or
				  extension of the apprenticeship shall pay the fee specified in COMAR 10.29.04
				  to the Board.
G. An apprentice
				  requesting an extension shall submit a copy of the transcript from the mortuary
				  science course, funeral service course, or school of higher education to verify
				  pursuit of the educational requirement.
H. An apprentice who has allowed the
				  apprentice's apprenticeship license to lapse for more than 6 months from the
				  expiration date on the license and who desires to resume the apprenticeship
				  shall appear before the Board with the sponsor and provide documentation of
				  the:
(1) Reasons for allowing the
				  apprenticeship license to lapse; and
(2) Requirements of apprenticeship which have
				  been met to date.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.13 - Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
An apprentice may take the examination administered by the
					 Board at any time during the apprenticeship.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.09 - Requirements for Apprenticeship › Section 10.29.09.14 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. An apprentice
				  may not assist a mortician or funeral director unless both individuals have
				  current licenses.
B. An apprentice
				  may participate in making funeral arrangements with the sponsor or the
				  sponsor's delegate, but may not make funeral arrangements, including pre-need
				  funeral arrangements, embalm human remains, or conduct funerals, including
				  graveside or committal services, unless the apprentice is under the direct
				  supervision of the sponsor or the sponsor's delegate.
C. An apprentice may not sign a funeral
				  establishment contract.
D. An
				  apprentice may not advertise as a provider of funeral services in
				  Maryland.
E. An apprentice may not
				  sign at-need contracts.
F. A
				  sponsor may not sponsor more than two apprentices at the same time.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.10 - Monetary Penalties › Section 10.29.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish standards for the imposition of
					 penalties not exceeding $5,000 against any mortuary science practitioner
					 licensee in the State if, after a hearing, the Board finds that there are
					 grounds under Health Occupations Article, §
										7-316, Annotated
					 Code of Maryland, to suspend or revoke a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.10 - Monetary Penalties › Section 10.29.10.02 - 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
				  Morticians and Funeral Directors.
(2) "Licensee" means, unless the context
				  requires otherwise, a holder of a license issued by the Board to practice
				  mortuary science in Maryland to the extent permitted under Health Occupations
				  Article, Title 7, Annotated Code of Maryland.
(3) "Penalty" means monetary fine.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.10 - Monetary Penalties › Section 10.29.10.03 - Imposition of Penalties on Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A penalty of not less than $100 or more
				  than $2,500 may be imposed by the Board on a licensee found in violation of any
				  of the following:
(1) Advertising
				  falsely;
(2) Advertising in a
				  misleading manner;
(3) Employing,
				  paying, or offering to pay an individual to obtain business, either in general
				  or for a particular mortician, funeral director, surviving spouse, or funeral
				  establishment.
(4) Directly or
				  indirectly paying or offering to pay to obtain mortuary science
				  business;
(5) Soliciting or
				  accepting any payment or rebate for recommending any crematory, mausoleum, or
				  cemetery;
(6) Soliciting or
				  accepting any share, certificate, or interest in a mortuary science business
				  with a promise or offer to perform services to the buyer at a cost less than
				  that offered to the general public.
(7) Selling or offering to sell any share,
				  certificate, or interest in a mortuary science business with a promise or offer
				  to perform services to the buyer at a cost less than that offered to the
				  general public.
(8) Practicing
				  mortuary science under a name other than the name:
(a) That appears on the license of that
				  person, or
(b) Of a partnership in
				  accordance with Health Occupations Article, §
												7-401, Annotated
				  Code of Maryland; or
(9)
				  Violating any provision of Health Occupations Article, §
											7-316(a)(18),
				  Annotated Code of Maryland.
(10)
				  Violating any regulation adopted by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.10 - Monetary Penalties › Section 10.29.10.04 - Factors to be Considered in the Assessment of a Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
In those cases in which the Board determines that the
					 imposition of a penalty is appropriate, the Board shall take into consideration
					 the following factors, without limitations, in determining the amount of
					 penalty:
A. The extent to which the
				  licensee derived any financial benefit from unprofessional or improper
				  conduct;
B. The willfulness of the
				  unprofessional or improper conduct;
C. The extent of actual or potential public
				  harm caused by the unprofessional or improper conduct; and
D. The cost of investigating and prosecuting
				  the case against the licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.10 - Monetary Penalties › Section 10.29.10.05 - Payment of a Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee shall pay to the Board a penalty imposed under these regulations 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, §
										10-215, Annotated
				  Code of Maryland, or Health Occupations Article, §
										7-320, Annotated
				  Code of Maryland, does not automatically stay imposition of a penalty imposed
				  by the Board pursuant to these regulations.
C. If a licensee fails to pay, in whole or in
				  part, a penalty imposed by the Board pursuant to these regulations, 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 Fiscal Planning to institute and maintain
				  proceedings to ensure prompt payment.
E. The Board shall pay all monies collected
				  pursuant to these regulations 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 10.29.11 - Complaint Procedures › Section 10.29.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the handling of all complaints
					 against licensees of Hie State Board of Morticians and Funeral
					 Directors.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.11 - Complaint Procedures › Section 10.29.11.03 - Filing of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  complaint may come to the Board by any means from the public or a Board member.
B. A complaint received by the
				  Board shall be recorded on a complaint log.
C. When the complaint to the Board against a
				  licensee is filed, the complaint will be completed on a form devised by the
				  Board and according to the instructions provided.
D. In an emergency situation the Board may
				  act upon a complaint received by telephone if that complaint is followed up in
				  writing.
E. The Board may also act
				  upon a complaint signed by a Board member if the complaint is recorded on the
				  log and the Board member refrains from further participation in the discussion
				  or vote in the matter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.11 - Complaint Procedures › Section 10.29.11.04 - Disposition of Complaint by Complaint Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a complaint, the
				  administrative personnel shall present the complaint to the Complaint Committee
				  of the Board.
B. The Committee
				  shall review the complaint and make a determination as to whether the complaint
				  falls within the Board's jurisdiction.
C. If the Committee determines that the
				  complaint does not fall within the Board's jurisdiction, the determination
				  shall be reported to the Board at its next regularly scheduled Board meeting.
				  If the Board concurs with the recommendation of the Committee, the Board shall
				  vote to close the complaint -with no Board action.
D. If the Board determines that the complaint
				  falls under the jurisdiction of another agency, the Board staff shall refer the
				  complaint to the appropriate agency.
E. If the Committee
				  determines that the complaint would fall within the Board's jurisdiction, the
				  Board shall vote to open the complaint for investigation.
F. The Committee shall review the licensee's
				  response or report and make a recommendation to the Board for disposition of
				  the case. The Committee may request that:
(1)
				  Supplemental information be obtained;
(2) A supplemental investigation be
				  conducted; or
(3) Clarification of
				  the responses or report be received.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.11 - Complaint Procedures › Section 10.29.11.05 - Board Action on Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board, upon receipt of the Committee's recommendations, shall take one of the
				  following actions:
(1) Accept the Committee's
				  recommendations;
(2) Accept the
				  Committee's recommendation with modifications; or
(3) Reject the Committee's recommendations
				  with instructions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 29 - BOARD OF MORTICIANS AND FUNERAL DIRECTORS › Chapter 10.29.11 - Complaint Procedures › Section 10.29.11.06 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. A disposition
				  agreement remains confidential and may only be released to the public if the
				  licensee is found guilty of a violation of a provision of the agreement or
				  subsequent violation of the Act, after a hearing, pursuant to Health
				  Occupations Article, §
										7-319, Annotated
				  Code of Maryland.
B. An educational
				  letter and a letter of admonishment is treated as a confidential record
				  maintained by the Board on the licensee.
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 10.29.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs advertising by 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 10.29.12 - Advertising › Section 10.29.12.02 - 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) "Advertising" means calling to the
				  attention of the public the services one has to offer.
(2) "Board" means the Board of
				  Morticians.
(3) Licensee.
(a) "Licensee" means a licensed mortician,
				  funeral director, or a surviving spouse license holder who holds a current
				  license to practice mortuary science in Maryland.
(b) "Licensee" may mean a funeral
				  establishment in some instances.
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 10.29.12.03 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may:
(1) Advertise mortuary science services
				  subject to the provisions of this regulation;
(2) Use the initials LM or LFD after their
				  name to indicate that the licensee is authorized to practice mortuary science
				  or funeral direction as a:
(a) Licensed
				  mortician (LM); or
(b) Licensed
				  funeral director (LFD); and
(3) Represent to the public that the licensee
				  is a:
(a) Licensed mortician (LM);
				  or
(b) Licensed funeral director
				  (LFD).
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 10.29.12.04 - Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may
				  not engage in solicitation, including, but not limited to, in-person,
				  telephone, or direct mail solicitation which:
(1) Amounts to fraud, undue influence,
				  intimidation, or overreaching; or
(2) Contains statements which would be
				  improper under Regulation .03B of this chapter.