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 10.29.03.02 - 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 Maryland State Board of
				  Morticians and Funeral Directors.
(2) "Deficiency" means a specific failure to
				  comply with the requirements set forth by the Board.
(3) "Funeral director" means an individual
				  who is licensed by the Board to practice all aspects of mortuary science,
				  except for embalming.
(4) "Funeral
				  establishment" means any building, structure, or premises licensed by the
				  Board, with facilities for:
(a) Embalming or
				  holding of human remains for disposition;
(b) Viewing of the human remains;
				  and
(c) Funeral services.
(5) "Funeral establishment
				  sponsor" means any licensed funeral establishment providing for the operation
				  of a Board-approved restricted funeral establishment.
(6) "Holding room" means a room which is:
(a) Used for the holding of human remains if
				  arterial embalming is not a function of the funeral establishment;
				  and
(b) Distinct from the viewing
				  room, chapel, or any other part of a funeral establishment.
(7) "Inspection" means a survey
				  of a funeral establishment by an inspector designated by the Board to ensure
				  compliance with this chapter.
(8)
				  "Mortician" means an individual who is licensed by the Board to practice
				  mortuary science.
(9) "Ownership"
				  means having or controlling directly or indirectly at least 10 percent interest
				  in the corporation, partnership, association, organization, or other business
				  entity.
(10) Practice Funeral
				  Direction.
(a) "Practice funeral direction"
				  means to:
(i) Operate a funeral
				  establishment;
(ii) For
				  compensation, prepare human remains for disposition; and
(iii) For compensation, arrange for or make final
				  disposition of human remains.
(b) "Practice funeral direction" does not
				  include:
(i) For compensation, disinfecting or
				  preserving human remains or any of its parts by arterial or cavity injection or
				  any other type of preservation; or
(ii) The business of operating a
				  crematory.
(11) Practice Mortuary Science.
(a) "Practice mortuary science" means:
(i) The practice of funeral direction;
				  and
(ii) Disinfecting or preserving
				  human remains or any of its parts by arterial or cavity injection
(b) "Practice mortuary science"
				  does not include:
(i) The pickup, removal, or
				  transportation of human remains, if the unlicensed individual is acting under
				  the direction of a licensed mortician or funeral director; or
(ii) The business of operating a
				  crematory.
(12) "Preneed contract" means an agreement between a
				  consumer and a licensed funeral director or licensed mortician to provide any
				  goods and services purchased before the time of death.
(13) "Preparation room" means an area with a minimum
				  of 120 square feet which is used exclusively for the practice of mortuary
				  science, which is separate and distinct from the viewing room, chapel, or any
				  other part of a funeral establishment.
(14) "Restricted funeral establishment" means
				  a licensed business authorized by the Board under Health Occupations Article,
				  §
											7-310(a)
				  (2), Annotated Code of Maryland, to practice mortuary science or funeral
				  direction services by a licensed mortician or funeral director with a
				  designated sponsoring funeral establishment.
(15) "Supervising funeral director" means a funeral
				  director who is responsible to the Board for compliance with Health Occupations
				  Article, Title 7, Annotated Code of Maryland, for all operations of a funeral
				  establishment including, but not limited to, the administration of preneed
				  accounts.
(16) "Supervising
				  mortician" means a mortician who is responsible to the Board for compliance
				  with Health Occupations Article, Title 7, Annotated Code of Maryland, for all
				  operations of a funeral establishment including, but not limited to, the
				  administration of preneed accounts.
(17) "Viewing room" means an area in which human
				  remains are placed on display and which is a separate and distinct area from
				  the preparation and holding room.