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Mortuary Law > Title 7 > Flashcards

Title 7 Flashcards

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1
Q

An individual licensed by the Board who assists a licensed mortician or funeral director in the practice of mortuary science or funeral direction, under direct supervision of a licensed mortician or funeral director.

A

Apprentice

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2
Q

A person who:

  1. Is a licensed mortician or funeral director practicing mortuary science as a licensed mortician or funeral director in Maryland at least 1 year immediately prior to accepting the applicant as an apprentice; and
  2. Provides direct supervision to an apprentice.
A

Apprentice Sponsor

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3
Q

The Maryland State Board of Morticians and Funeral Directors

A

Board

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4
Q

A mortuary science business who articles of incorporation are in good standing with the Maryland State Department of Assessments and Taxation, or its successor, the intial business for which the license is issued must have been incorporated on or before June 1, 1945 and have “Incorporated”, “Inc”, or “Corporation” in its name.

  • does not include, for purposes of issuing a corporation license, a “professional association” (P.A.) or a “professional corporation” (P.C.).
A

Corporation

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5
Q

A license issued by the Board to licensed practitioners of mortuary science in other states, to make a removal or a dead human body in this State and to return the body to another state or country, to return dead bodies from another state or country to this State, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder’s capacity as a licensed practitioner of mortuary science.

A

Courtesy Card

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6
Q

An individual who is licensed by the Board to practice all aspects of mortuary science except for embalming.

A

Funeral Director

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7
Q

Any building, structure, or premises from which the business of practicing mortuary science is conducted.

A

Funeral Establishment

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8
Q

Unless the context requires otherwise, a license issued by the Board.

A

License

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9
Q
  • A mortician license’
  • An apprentice license;
  • A funeral director license;
  • A surviving spouse license;
  • A corporation license;
  • A funeral establishment license; and
  • A courtesy card
A

“License” Includes, Unless Otherwise Indicated:

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10
Q

Unless the context requires otherwise, an apprentice who is licensed by the Board to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction.

A

Licensed Apprentice

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11
Q

Uness the context requires otherwise, a funeral director who is licensed by the Board to practice fuenral direction.

A

Licensed Funeral Director

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12
Q

Unless the context requires otherwise, a funeral establishment that is licensed by the Board.

A

Licensed Funeral Establishment

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13
Q

Unless the context requires otherwise, a mortician who is licensed by the Board under this title (7-101) to practice mortuary science.

A

Licensed Mortician

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14
Q

An individual or entity licensed by the Board to practice mortuary science to the extent destermined by the Board.

A

Licensee

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15
Q

An individual who practices mortuary science.

A

Mortician

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16
Q
  1. To operate a funeral establishment
  2. For compensation, to prepare a dead human body for disposition, or
  3. For compensation, to arrange for or make final disposition of a dead human body.
A

“Practice Funeral Direction” Means:

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17
Q

For compensation, disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection or any other type of perservation.

A

“Practice Funeral Direction” Does not Include:

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18
Q
  1. To operate a funeral establishment
  2. For compensation, to prepare a dead human body for disposition; or
  3. For compensation, to arrange for or make final disposition of a dead human body.
A

“Practice Mortuary Science” Means:

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19
Q
  1. The practice of funeral direction; and
  2. Disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection.
A

“Practice Mortuary Science” Includes:

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20
Q

The pickup, or removal, or transportation of a dead human body, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director.

A

“Practice Mortuary Science” Does not Include:

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21
Q

An agreement between a consumer and a licensed funeral director, licensed mortician, or surviving spouse to provide any goods and services purchased prior to the time of death.

A

Pree-Need Contract

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22
Q
  • A service, including any form of preservation and disposition, that a mortician normally provides in the ordinary course of business.
  • Merchandise, including a casket, vault, or clothing, that a mortician normally provides in the ordinary course of business.
A

Goods and Services Shall Include:

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23
Q

The legal widow of 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.

A

Surviving Spouse

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24
Q

This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

A

7-102- Scope of title.

(a) In General

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25
Q

This title does not apply to the business of operating a cemetery or crematory, including the sale of cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults.

A

7-702 (b) Operation of a Cemetery or Crematory

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26
Q

To protect the health and welfare of the public.

A

7-103 The purpose of this Title

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27
Q

There is a State Board of Morticians and Funeral Directors in the Department.

A

7-201 Board Established

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28
Q
  1. The board consists of 11 members
    1. 6 shall be licensed morticians or licensed funeral directors; and
    2. 5 shall be consumer members
  2. All board members shall be residents of the state
  3. The governmer shall appoint each member with the advice of the Secretary, and with the advice and consent of the Senate.
  4. The board may not have more than one member who is employed by or affiliated with, directly or indirectly, the same corporation, professional association, or other entity that owns, directly or through a subsidiary corporation, professional association, or other entity, one or more funeral homes.
A

7-202 (a)- Membership, Composition, Appointment of Members:

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29
Q
  1. Be a licensed mortician whose license is in good standing with the Board, and
  2. Have practiced mortuary science actively for at least 5 years immediately before appointment.
A

7-202 (b): Qualifications- Mortician Members-

(1): Each Mortician Member Shall

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30
Q

In this subsection, “Good Standing” means that the Board has not reprimanded the licensee, suspended, or revoked the mortician’s license or placed the license on probation within 5 years’s time prior to or after confirmation to the Board.

A

7-202 (b) 2: Good Standing

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31
Q

The qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a mortician license under this title.

A

7-202 (b)(3)

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32
Q
  1. Be a licensed funeral director whose license is in good standing with the Board; and
  2. Have practiced funeral direction actively for at least 5 years immediately before appointment.
A

7-202 (c) Qualifications- Funeral Director Members-

(1) Each Funeral Director Member Shall:

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33
Q

In this Subsection, “good standing” means that the Board has not reprimanded the licensee, suspended, or revoked the mortician’s license or placed the license on probation within 5 years’ time prior to or after confirmation to the Board.

A

7-202 (c)(2)

34
Q

To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a funeral director license under this title.

A

7-202 (c) (3)

35
Q
  1. Shall be a member of the general public;
  2. May not be or ever have been a mortician, funeral director, or apprentice;
  3. Ma not have a household member who is a mortician, funeral director, r apprentice;
  4. May not participate or have have participated in a commercial or professional field related to the practice of mortuary science;
  5. May not have a household member who participates in a commercial or professional field realted to the practice of mortuary science; and
  6. May no have had within 2 years before appointment of a substantial financial interest in a person regulated by the Board.
A

7-202 (d): Qualifications- Consumer Members- Each Consumer Member of the Board:

36
Q

While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

A

7-202 (e) Qualifications- Consumer Members- Restriction-

37
Q

Before taking office, each member of the Board shall take the oath required by Article I, Section 9 of the State Constitution.

A

7-202 (f) Oath

38
Q
  1. The term of appointed members is 4 years, except that the initial term of 1 of the consumer members is 3 years.
  2. The terms of appointed members are staggered as required by the terms provided for members of the Board on July 1, 1981.
  3. At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
  4. A member who is appinted after a term has bugun serves only for the rest of the term and until a successor is appointed and qualifies.
  5. To the extent practicable, the Governor shall fill any vacancy on the Board occurring during the term of an appointed member within 50 days fo the date of the vacancy.
  6. A member may not serve more than 2 consecutive full terms.
A

7-202 (g) Tenure; Vanancies

39
Q
  1. The Governor may remove an appointed member:
    1. For incompetence or misconduct; or
    2. Who, because of events that occur after the member’s appointment or reappointment to the Board, causes the Board to be in violation of the prohibition set forth in subsection (a)(5) of this section.
A

7-202 (h) (1) Removal

40
Q

Upon the recommendation of the Secretary, the Governor may remove an appointed member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.

A

7-202 (h) (2) Removal

41
Q

From among its members, the Board shall elect a president, a first vice president, and a second vice president.

A

7-203 Officers

(a) In General

42
Q
  1. The manner of election of officers
  2. The term of office of each office; and
  3. The duties of each officer
A

7-203 Officers:

(b)- Election, terms, duties- The Board Shall Determine:

43
Q

A majority of the full authorized membership of the Board is a quorum to do business.

A

7-204: Quarm; Meetings; Compensations; Staff

(a) Quorum

44
Q
  1. The board shall meet at least once a year, at the times and places that it sets in its bylaws and rules and regulations.
  2. The board shall hold special meetings that:
    1. It considers necessary; or
    2. The Secretary directs
A

7-204 (b) Meetings

45
Q
  1. Compensation in accordance with the budget of the Board for each meeting that the member attends; and
  2. Reimbursement for expenses at a rate determined by the Board.
A

7-205 (c) Compensation and Reimbursement for Expenses- Each Appointed Member of the Board is Entitled to:

46
Q
  1. The Board may appoint a Board secretary, who may be a member of the Board.
  2. The Board may employ inspectors and other staff in accordance with the budget of the Board.
A

7-204 (d) Staff

47
Q
  1. To adopt bylaws, rules, and regulations to carry out the provisions of this title;
  2. To adopt a seal;
  3. To establish procedures for licensing apprentices;
  4. To keep a list of all individuals currently licensed by the Board;
  5. To investigate any alleged violation of this title;
  6. To enforce this title;
  7. To adopt rules and regulations regarding false and misleading advertising and misrepresentation;
  8. To inspect licensed funeral establishments;
  9. On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, to conduct an unannounced inspection of the funeral establishment to determine compliance at the funeral establishment wtih the Centers for Disease Control’s guidelines on universal precautions.
  10. To establish standards for the practice of mortuary science; and
  11. To establish standards for sanitation and waste disposal in connection with the practice of mortuary science.
A

7-205 (a) In general- In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:

48
Q

The Board may conduct an audit of a license that:

  1. Recives pre-need funds
  2. Places pre-need funds in a trust; or
  3. Enters into a pre-need contract
A

7-205 (b) Audits

49
Q
  • (a) State board of Morticians and Funeral directors Fund Established- There is a State Board of Morticians and Funeral Directors Fund
  • (b) Establishment of Fees:
    1. The board may set reasonable fess for its services.
    2. The fees charged shall be set so as to approximate the cost of maintaing the Board
    3. Funds to cover the compensation and expenses of the Board members shall be generated by fess set under this section.
A

7-206 State Board of Morticians and Funeral Directors Fund- Establishment of Fees; Dispositino of Funds

50
Q
  1. The Board shall pay all funds collected under this title to the Comptroller of the State.
  2. The Comptroller shall distribute the fees to the State Board of Morticians and Funeral Directors Fund.
A

7-206 (c) Disposition of Funds

51
Q
  1. The fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
  2. The fund is a continuing, nonlasping fund, not subject to 7-302 of the State Finance and Procurement Article.
  3. Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
  4. No other State money may be used to support the fund.
A

7-206 (d) Fund- Uses, nature, reversion; funding-

52
Q
  1. A designee of the Board shall administer the Fund.
  2. Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
A

7-206 (e) Same- Administration; expenditures-

53
Q

The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in 2-1220 of the State Government Article

A

7-206 (f) Same- Audits-

54
Q

A person shall have the immunity from liability described under 5-707 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.

A

7-207 Good Faith Exemption From Civil Liability

55
Q

Except as provided in subsection (b) of this section, an individual shall be licensed by the Board before the individual may practice mortuary science in this State.

A

7-301 License Required; Exceptions:

(a) In General:

56
Q
  1. Limit the right of a school of medicine or dentistry to use and dispose of a dead human body or its parts;
  2. Limit the right of any person who is authorized by law to handle or dispose of a dead human body or its parts, if the person acts within the scope of that authorization;
  3. Affect the right of an authorized officer or employee of the United States or the District of Columbia to practice mortuary science in the course of that individual’s duties;
  4. Apply to an individual who makes funeral arrangements in the course of the duties of that individual as an attorney; or
  5. (i) Limit the right of the Board to issue temporary permits to out-of-state licensed morticians or funeral directors for teaching purposes involving an approved continuing education program or disaster situations as deemed necessary by the Board.
    • (ii)- A mortician or funeral director who is issued a temporary permit shall be subject to any conditions and limitations that the Board may specify in the permit and the provisions of this title.
A

7-301 (b) Exceptions- This Section Does not:

57
Q
  1. An individual shall be licensed by the Board before the individual may practice mortuary science in this State.
  2. A mortician license issued under this title authorizes the licensee to practice mortuary science while the license is effective.
A

7-302 Mortician License

(a) Required:

58
Q
  1. An individual shall be licensed by the Board before the individual may practice funeral direction in this State.
  2. A funeral director license issued under this title authorizes the licensee to practice funeral direction while the license is effective.
A

7-302 (b) Scope

59
Q
  1. The board shall determine the qualifications necessary for an individual to lawfully engage in the practice of mortuary science or funeral direction and to operate a funeral establishment within this State.
  2. Except as otherwise provided in this subtitle, to qualify for a mortician or funeral director license, an applicant shall be an individual who meets the requirements of this section.
A

7-303- Qualifications of Applicants for Mortician or Funeral Director License

(a)- Determination of Qualifications by Board-

60
Q

The board shall examine all applications for the licensure for the practice of mortuary science or funeral direction and shall issue the mortician or funeral director license to an individual who: (6 items)

A

7-303 (b) Examinations; Issuance of license:

61
Q

Is judged to be of good moral character.

A

7-303 (b) (1)

62
Q

Has completed not less than 1 year and not more than 2 years of licensed apprenticeship, unless the Board allowed extensions for additional 1-year terms.

A

7-303 (b) (2)

63
Q

Except as otherwise provided in this section, has graduated with an associate of arts degree in mortuary science or its equivalent from a school accredited by the American Board of Funeral Service Education or approved by the Board, or has acquired at least an associate of arts degree and completed a course in mortuary science that is accredited by the American Board of Funeral Service Education or approved by the Board.

A

7-303 (b) (3)

64
Q

Has passed the national board examination administered by the Conference of Funeral Service Examining Boards of the United States

A

7-303 (b) (4)

65
Q

Has passed the national board examination administered by the Conference of Funeral Service Examining Boards of the United States

A

7-303 (b)(4)

66
Q

Except as provided in subsection (c) of this section, has passed a written examination on Maryland law and regulations governing the practice of mortuary science and a practical examination demonstrating compentency in the preparation of dead human bodies for final disposition and sanitary science; and

A

7-303 (b) (5)

67
Q

Has submitted an application fo the Board on the required form and has paid a fee set by the Board.

A

7-303 (b) (6)

68
Q

For an individual applying for a license to practice funeral direction, the practical examination qualification under subsection (b)(5) of this section may not include demonstrating compentency in embalming.

A

7-303 (c) License to Practice Funeral Direction-

69
Q

An applicant wh otherwise qualifies for a mortician or funeral director license is entitled to be examined as provided in this section if the applicant:

  1. Holds an apprentice license; or
  2. Has completed the apprenticeship requirements of this title.
A

7-304 Examinations

(a)- Right to Examinations

70
Q

The Board shall give examinations to applicants twice each year, at the times and places that the Board determines.

A

7-304 (b) Time and Place of Examination

71
Q

The Board shall notify each qualified applicant of the time and place of the examination.

A

7-304 (c) Notice of Examination

72
Q

The written part of the examination shall include:

  1. The general and local laws of this State on the practice of Mortuary Science; and
  2. The laws and regulations of infectious disease
A

7-304 (d)(1) Subjects and Method of Examination

73
Q
  1. The Board shall provide a dead human body; and
  2. Except as provided in paragraph (3) of this subsection, in the presence of at least one third of the licensed members of the Board, each applicant shall demonstrate the applicant’s knowledge and skill in the preparation of dead human remains for final disposition.
A

7-304 (d)(2) The Practical Part of the Examination

74
Q

For individuals applying for a license to practice funeral direction, a practical examination under paragraph (2) of this subsection may not include demonstrating compentency in embalming.

A

7-304 (d) (3)

75
Q
  1. An applicant shal pay the Board an examination fee set by the Board.
  2. The payment of one examination fee entitles an applicant to take the examination twice.
A

7-304 (e) Examination Fee

76
Q

If an applicant fails the examination twice, the applicant may retake the examination if the applicant pays the appropriate fee.

A

7-304 (f) Reexamination

77
Q

In addition to the written and practical examinations administered by the Board, and applicant must take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States.

A

7-304 (g) National Examination of Conference of Funeral Service Examining Boards

78
Q

Subject to the provisions of ths subsection, the Board may waive the examination and apprenticeship requirements of 7-303 of this subtitle and issue a mortician or funeral director license to an applicant who is licensed to practice mortuary science or funeral direction in any other state.

A

7-305 Waiver of Requirements

(a) Authorized:

79
Q
  1. Pays the license fee required by the Board under 7-305 of this subtitle;
  2. Was a licensed mortician or funeral director in good standing in the other state;
  3. Serves an apprenticeship consisting of 1,000 hours; and
  4. Passes the Maryland State written examination administered by the Board.
A

7-305 (b) Conditions- The Board May Grand a Waiver Under this Subsection only if the Applicant:

80
Q

The Board may grant a waiver only if the state in which the applicant is licensed:

  1. Grants a similar waiver to licensees fo this State; and
  2. Has standards for a mortician or funeral director license that are not lower than those of this state.
A

7-305 (c) Reciprocity

Mortuary Law (23 decks)

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