Maryland Health Occupations Section 7-101

Article - Health Occupations

§ 7-101.

      (a)      In this title the following words have the meanings indicated.

      (b)      "Apprentice" means an individual licensed by the Board who assists a licensed mortician in the practice of mortuary science, under direct supervision of a licensed mortician.

      (c)      "Apprentice sponsor" means a person who:

            (1)      Is a licensed mortician practicing mortuary science as a licensed mortician in Maryland at least 1 year immediately prior to accepting the applicant as an apprentice; and

            (2)      Provides direct supervision to an apprentice.

      (d)      "Board" means the Maryland State Board of Morticians.

      (e)      (1)      "Corporation" means a mortuary science business whose articles of incorporation are in good standing with the Maryland State Department of Assessments and Taxation, or its successor, the initial 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.

            (2)      "Corporation" does not include, for purposes of issuing a corporation license, a "professional association" (P.A.) or a "professional corporation" (P.C.).

      (f)      "Courtesy card" means a license issued by the Board to licensed practitioners of mortuary science in other states, to make a removal of 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.

      (g)      "Funeral director" means an individual who is licensed by the Board to practice all aspects of mortuary science except for embalming.

      (h)      "Funeral establishment" means any building, structure, or premises from which the business of funeral directing or embalming is conducted.

      (i)      (1)      "License" means, unless the context requires otherwise, a license issued by the Board.

            (2)      "License" includes, unless otherwise indicated:

                  (i)      A mortician license;

                  (ii)      An apprentice license;

                  (iii)      A funeral director license;

                  (iv)      A surviving spouse license;

                  (v)      A corporation license;

                  (vi)      A funeral establishment license; and

                  (vii)      A courtesy card.

      (j)      "Licensed apprentice" means, unless the context requires otherwise, an apprentice who is licensed by the Board to assist a licensed mortician in the practice of mortuary science.

      (k)      "Licensed funeral director" means, unless the context requires otherwise, a funeral director who is licensed by the Board to practice funeral direction.

      (l)      "Licensed funeral establishment" means, unless the context requires otherwise, a funeral establishment that is licensed by the Board.

      (m)      "Licensed mortician" means, unless the context requires otherwise, a mortician who is licensed by the Board under this title to practice mortuary science.

      (n)      "Licensee" means an individual or entity licensed by the Board to practice mortuary science to the extent determined by the Board.

      (o)      "Mortician" means an individual who practices mortuary science.

      (p)      (1)      "Practice funeral direction" means:

                  (i)      To operate a funeral establishment; or

                  (ii)      For compensation, to arrange for or make final disposition of a dead human body.

            (2)      "Practice funeral direction" does not include, for compensation:

                  (i)      Disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection or any other type of preservation; or

                  (ii)      Otherwise preparing a dead human body for disposition.

      (q)      (1)      "Practice mortuary science" means:

                  (i)      To operate a funeral establishment;

                  (ii)      For compensation, to prepare a dead human body for disposition, including disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection; or

                  (iii)      For compensation, to arrange for or make final disposition of a dead human body.

            (2)      "Practice mortuary science" does not include the pickup, removal, or transportation of a dead human body, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director.

      (r)      "Pre-need contract" means 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. Goods and services shall include:

            (1)      A service, including any form of preservation and disposition, that a mortician normally provides in the ordinary course of business; or

            (2)      Merchandise, including a casket, vault, or clothing, that a mortician normally provides in the ordinary course of business.

      (s)      "Surviving spouse" means the legal widow or 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.



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