Maryland Administrative Code

.03 Terms. 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…

.01 Scope. This regulation governs a person practicing as a mortician, funeral director, or holder of a surviving spouse license in Maryland.

.02 Definitions. 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 con…

.03 Standards of Continuing Education Preapproval. 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 organizati…

.04 Post-Approval and Review. 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…

.05 Continuing Education Requirements. 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 spouse…

.06 Exemptions. 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…

.01 Scope. 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.

.02 Definitions. 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 beh…

.03 Execution of Preneed Contract. 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 …

.04 Disposition of Preneed Contract Fund. 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…

.05 Obligations of Seller. 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 prenee…

.06 Termination of Preneed Contract. 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 th…

.07 Premature Death of Beneficiary or Buyer. 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 …

.08 Sale or Change in the Ownership of a Funeral Corporation or Establishment. 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 ha…

.09 Irrevocable Trusts. 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…

.10 Prohibitions. 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 …

.01 Scope. This chapter establishes standards for the issuance of a surviving spouse license by the State Board of Morticians and Funeral Directors.

.02 Definitions. 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…

.03 Issuance of a Surviving Spouse License. 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…

.04 Authority of Surviving Spouse License. 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. Ass…

.05 Duration of Surviving Spouse License. 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.

.06 Conditions of Issuance of a Surviving Spouse License. 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…

.07 Limitations of Surviving Spouse License. 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 regulati…

.08 Prohibitions. 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 …

.09 Leasing Space. 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 spac…

.10 Renewal. 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 Hea…

.01 Scope. 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.

.02 Definitions. 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 lo…

.03 Requirements for Courtesy Card. 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 co…

.04 Authority of Courtesy Card. 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 Maryland Department of Health; B. Complete any …

.05 Fee for Courtesy Card. 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.

.06 Requirements for Renewal of Courtesy Card. 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 …

.07 Prohibitions. 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 re…

.01 Scope. This chapter sets forth specific criteria which an apprentice shall meet before becoming a licensed mortician or funeral director in Maryland.

.02 Definitions. 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 unde…

.03 Requirements of Apprenticeship. 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 ap…

.04 Documentation. 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, §7-3…

.05 Embalming Requirements for Mortuary Science Apprenticeship. 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 …

.06 Commencement of Apprenticeship. 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 agreem…

.07 Termination of Apprenticeship. 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…

.08 Laws and Regulations. All licensed apprentices shall become competent in the knowledge of Maryland and federal laws and regulations as they apply to the funeral profession.

.09 Waiver of Apprenticeship Requirements. 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 Oc…

.10 Change in the Apprenticeship. 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 …

.11 General Requirements. 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…

.12 Renewals and Extensions. 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, con…

.13 Examinations. An apprentice may take the examination administered by the Board at any time during the apprenticeship.