10.29.03 Inspection of Funeral Establishments and Funeral Service Businesses Flashcards Preview

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Flashcards in 10.29.03 Inspection of Funeral Establishments and Funeral Service Businesses Deck (51)
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The purpose and intent of this chapter is to prescribe minimum standards for new funeral establishments, renovations of existing funeral establishments, and change of ownership of funeral estabishments where the practice of mortuary science or funeral direction is conducted.

10.29.03.01 Scope

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The Maryland State Board of Morticians and Funeral Directors

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A specific failure to comply with the requirements set forth by the Board.

Deficiency

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Any building, structure, or premises licensed by the Board, with facilities for:

  • Embalming or holding a dead human body for disposition;
  • Viewing of the body; and
  • Funeral services.

Funeral Establishment

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A business owned or co-owned by a licensed mortician or funeral director involving the practice of mortuary science or funeral direction by a licensed mortician or funeral director.

Funeral Service Business

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A room which is:

  • Used exclusively for the holding of dead human bodies if arterial embalming is not a function of the funeral home establishment; and
  • Distinct from the viewing room, chapel, or any other part of a funeral home establishment.

Holding Room

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A survey of a funeral establishment by an investigator designated by the Board to ensure compliance with this chapter.

Inspection

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Having or controlling directly or indirectly at least 10 percent interest in the corporation, partnership, association, organization, or other business entity.

Ownership

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  • To operate a funeral establishment; and
  • To arrange for ro make final disposition of a dead human body for compensation.

Practice Funeral Direction

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  • Disinfecting or preserving a dead human body pr a dead human body's parts by arterial or cavity injection or any other type of preservation; or
  • Otherwise preparing a dead human body for disposition.

Practice Funeral Direction does not Include, for Compensation:

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  • To operate a funeral establishment;
  • For compensation, to prepare a dead human body for disposition, including disinfection or preserving a dead human body or a dead human body's parts by arterial or cavity injection; and
  • For compensation, to arrange for or make final disposition of a dead human body.

Practice Mortuary Science

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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.

Preneed Contract

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An area with a minimum of 120 square feet which is used exclusively to prepare dead human bodies for final disposition if arterial or cavity injection is a function of the funeral home establishment, and which is separate and distinct from the viewing room, chapel, or any other part of a funeral establishment.

Preparation Room

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A funeral director who is responsible to the Board for compliance with the Maryland Morticians Act for all operations of a funeral establishment including, but not limited to, the administration of pre-need accounts.

Supervising Funeral Director

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A mortician who is responsible to the Board for compliance with the Maryland Morticians Act for all operations of a funeral establishment, including, but not limited to, the administration of preneed accounts.

Supervising Mortician

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An area in which a dead human body is placed on display and which is a separate and distinct area from the preparation and holding room.

Viewing Room

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The Board shall license a funeral establishment before the establishment may be used for the practice of mortuary science.

10.29.03.03 License Required for Funeral Establishment

A

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  1. Has complied with all applicable federal, State, and local laws.
  2. Has submitted the application to the Board on the required form at least 60 days before the opening of the business;
  3. Has paid the application fee; and
  4. Operates in accordance with Heath Occupations Article, Title 7, Annotated Code of Maryland.

10.29.03.03 License Required for Funeral Establishment

B. The Board Shall Issue a Funeral Establishment License to a Funeral Establishment That:

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A license shall expire on the date set by the Board, unless the license is renewed for an additional term at a fee set by the Board.

10.29.03.03 License Required for Funeral Establishment

C

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A license is nontransferable and may not be renewed for a term longer than 2 years.

10.29.03.03 License Required for Funeral Establishment

D

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Upon a sale or change in ownership of the funeral establishment, the new owner shall request a new license which shall be submitted to the Board in writing with supporting documentation reflecting the sale or change of ownership.

10.29.03.03 License Required for Funeral Establishment

E

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The Board shall issue a new establishment license reflecting the sale or change in ownership if:

  1. The Board approves the submitted documentation; and
  2. An inspection of the establishment results in a finding that the establishment is in compliance with all applicable laws.

10.29.03.03 License Required for Funeral Establishment

F

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A license, and the licenses of individual licensees employed at the establishment, shall be displayed prominently at the premises.

10.29.03.03 License Required for Funeral Establishment

G

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  1. Shall employ and designate, on a form provided by the Board, a supervising mortician or supervising funeral director, licensed in accordance with State laws, who shall be continuously responsible;
  2. Shall promintently display on a sign, not small than 5 inches by 11 inches, located either immediately outside or immediately inside the main enterance, in letters not less that 1-inch high, the following information:
    1. The names of each licensee who holds at least 10 percent ownership interest in the partnership, professional association, or sole proprietorship which operates the funeral establishment;
    2. The names of any individual, corporations, or other business entities, which either directly or indirectly hold an ownership interest of 10 percent or more in the corporation or business entity that operates the funeral establishment; and
    3. The names of all restricted establishments operating from that funeral home.
  3. That does embalmings and has designated a funeral director as the supervising agent shall employ a licensed mortician on staff;
  4. May not be require to apply for a new funeral establishment license if there is a change of a supervising mortician or supervising funeral director;
  5. Shall notify the Board, on a form provided by the Board, of a change of supervising mortician or supervising funeral director within 10 ays of any change;
  6. May not operate without a supervising mortician or supervising funeral director, who shall be continuously responsible, for more than 30 calendar days; and
  7. Shall either
    1.  Ensure that medical waste is picked up by a licensed medical waste disposer not less often than every 60 days from the date generated; or
    2. Develop a written plan to submit for approval by the board that outlines specific procedures not later than 60 days from the date generated, in accordance with methods outlined in COMAR 10.06.06.

10.29.03.03 License Required for Funeral Establishment

H. The Funeral Establishment:

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A licensed funeral establishment shall be open at all reasonable times for inspection by the Board. Inspection results shall be written on forms approved by the Board.

10.29.03.04 Inspection by the Board of Morticians

A

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  1. On a biennial basis;
  2. In furtherance of an investigation; or
  3. Upon the sale or change of ownership of the establishment

10.29.03.04 Inspection by the Board of Morticians

B. Each Funeral Establishment Shall be Inspected:

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An owner, supervising mortician, supervising funeral director, or licensed designee shall be available to accompany the inspector during the inspection and sign the inspection report.

10.29.03.04 Inspection by the Board of Morticians

C

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  1. A general price list of charges for services to the public;
  2. A completed and duly signed funeral service contract with any invoices attached;
  3. A price list of caskets as charged to the public;
  4. A price list of outer containers, as charged to the public;
  5. Cremation forms
    1. Authorization form to cremate;
    2. Cremation identification form, and
    3. Disposition of cremated remains notification
  6. A preneed contract form with a blank statement form, for verification of an escrow or trust account;
  7. A copy of the hazardous waste certification form described in E(6)(d) in this regulation; and
  8. An authorization to rease the body to the establishment.

10.29.03.04 Inspection by the Board of Morticians

D. The Following Forms Shall be Available for Inspection, with a copy Given to the Inspector for the Inspector's Records:

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If arterial or cavity injection will take place at the funeral establishment, the funeral establishment shall maintain on the premises a preparation room which shall be adequately equipped and maintained in a sanitary manner for the preservation and care of dead human bodies. The minimal requirements are as follows:

  • The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, inpervious, washable material,
  • The floors, walls, and ceilings shall be in a clean and sanitary condition,
  • The lighting shall be adequate,
  • The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations,
  • Doors to the preparation room shall be tigh-closing and the windows maintained to obstruct any view into the preparation room;
  • The preparation room shall be a minimum of 120 square feet; and
  • If a refridgeration unit is on the premises, the refrigeration until shall be clean, sanitary, and in good working condition.

10.29.03.04 Inspection by the Board of Morticians

E. Standards for Inspection of Licensed Funeral Establishments

(1) Preparation Room

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If arterial or cavity injection will not take place at the funeral establishment, the funeral establishment shall maintain on the premises a holding room which shall be adequately equipped for the holding of dead human bodies which shall be kept in a clean and sanitary manner and used exclusively for the holding and storage of dead human bodies. The minimal requirements for the holding room shall be as follows:

  • The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, inpervious, washable material;
  • The floors, walls, and ceilings shall be in a clean and sanitary condition;
  • The lighting shall be adequate;
  • The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations;
  • Doors to the holding room shall be tight-closing and the windows maintained to obstruct any view into the holding room; and
  • The holding room shall be a minimum of 120 square feet.

10.29.03.04 Inspection by the Board of Morticians

E. Standards for Inspection of Licensed Funeral Establishments

(2) Holding Room