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 10.29.11.02 - 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) "Act" means Health Occupations Article,
				  Title 7, Annotated Code of Maryland.
(2) "Board" means the Board of Morticians and
				  Funeral Directors.
(3) "Cease and
				  desist letter" means a letter commanding an individual to stop engaging in
				  certain prohibited activities under the Act.
(4) "Committee" means the Complaint Committee
				  of the Board, which includes at least one mortician member of the Board and at
				  least one consumer member of the Board, and which is assisted by Board counsel
				  provided by the Attorney General's Office and Board administrative
				  personnel.
(5) "Complaint" means a
				  report of a potential violation during the performance of mortuary services
				  against an individual licensed by the Board.
(6) "Complainant" means an individual who
				  files a complaint with the Board.
(7) "Confidential" means that neither the
				  complaint nor resolution of it by the Board may be released to the public,
				  including to the complainant, pursuant to General Provisions Article, §
											4-333, Annotated
				  Code of Maryland.
(8) "Consent
				  order" means a written agreement reached by the licensee and the Board as a
				  result of a prehearing conference which sets forth the terms and conditions
				  regarding the licensee's ability or inability to practice and is subject to
				  release to the public, pursuant to General Provisions Article, §
											4-333, Annotated
				  Code of Maryland.
(9) "Disposition
				  agreement" means a confidential agreement entered into between the Board and
				  the licensee whereby the Board agrees to resolve the matter after the filing of
				  charges in return for the licensee's agreeing to meet certain specified terms
				  and conditions which remain a permanent part of the licensee's record and can
				  be used in considering sanction should further disciplinary action be
				  required.
(10) "Educational letter"
				  means a dismissal notice which specifically sets forth in an instructive manner
				  the areas of the licensee's practice which require improvement and which, when
				  applicable, includes a warning that any further complaints for the same or
				  similar activities may result in disciplinary charges under the Act.
(11) "Informal meeting" means a voluntary
				  meeting of the Board and the licensee, either on the licensee's own initiative
				  or on the Board's initiative, following notice to the licensee regarding the
				  precise purpose of the meeting in the context of an ongoing investigation or
				  inquiry.
(12) "Jurisdiction" means
				  within the Board's authority as set forth in the Act.
(13) "Letter of admonishment" means a letter
				  which sets forth that the:
(a) Board has
				  probable cause to charge the licensee with a violation of a specific provision
				  of the Board's Act;
(b) Licensee is
				  admonished and ordered to cease and desist from all further activities in
				  violation of its Act; and
(c)
				  Letter will become part of the licensee's permanent record with the Board but
				  will be treated as part of the confidential record maintained by the Board on
				  the licensee and can be considered in determining sanctions for any subsequent
				  violation of the Act.
(14) "Letter of dismissal" means a letter
				  from the Board advising the licensee that:
(a) The investigation into the allegations
				  raised has been closed;
(b)
				  Violations were not found; and
(c)
				  The information obtained during the course of the investigation will be treated
				  as a confidential record of the licensee maintained by the Board.
(15) "Letter of surrender" means
				  an agreement between the Board and licensee whereby the Board specifies the
				  terms for the complete and unequivocal surrender of the licensee's license and
				  right to practice mortuary science.
(16) "Licensee" means an individual licensed
				  by the Board of Morticians and Funeral Directors against whom a complaint has
				  been filed.
(17) "Mortuary services"
				  means any service provided to a decedent or their family that requires any
				  license issued by the Board.