10.29.07 Surviving Spouse Flashcards Preview

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Flashcards in 10.29.07 Surviving Spouse Deck (26):
1

This chapter establishes standards for the issuance of a surviving spouse license by the State board of Morticians and Funeral Directors

10.29.07.01 Scope

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The State Board of Morticians and Funeral Directors

Board

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An individual who is licensed by the Board to practice funeral direction.

Funeral Director

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An individual who practices mortuary science.

Mortician

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

Mortuary Science

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The activities and entity related to providing mortuary science services.

Mortuary Science Business

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The husband or wife who is predeceased by a licensed mortician or funeral director.

Surviving Spouse

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  1. Subit to the Board within 30 days of the death of the deceased spouse:
    1. An application on a form required by the Board,
    2. Documentation of the spouse's death,
    3. Evidence that the licensed mortician or funeral director either wholly or partly owned the mortuary science business for which an establishment license was issued,
    4. Information as to the role that the deceased licensed mortician had in the operation of that business, and
    5. Any other information requested by the Board to verify the ownership or operational details of the mortuary sicence business with which the deceased mortician or funeral director had been associated; and
  2. Pay a fee pursuant to COMAR 10.29.04

10.29.07.03 Issuance of a Surviving Spouse License

A. Upon the Death of a Licensed Mortician or Funeral Director, the Surviving Spouse Shall:

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The Board may not issue a surviving spouse license to a licensed mortician or funeral director.

10.29.07.03 Issuance of a Surviving Spouse License

B.

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Continue the operation of the mortuary science business of the deceased licensed mortician as it had been operated at the time fo the licensed mortician's death; and

10.29.07.04 Authority of Surviving Spouse License

The Surviving Spouse License Shall Authorize the Licensee to:

A.

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Assist with the planning and conducting of funeral services for that mortuary science business.

10.29.07.04 Authority of Surviving Spouse License

The Surviving Spouse License Shall Authorize the Licensee to:

B.

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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.

10.29.07.05 Duration of Surviving Spouse License

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Documentation that the business is to be operated under the direct supervision of a licensed mortician or funeral director;

10.29.07.06 Conditions of Issuance of a Surviving Spouse License

The Board may Issue a Surviving Spouse License if the Board Recieves:

A.

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The name, address, and license number of the mortician or funeral director that will be operating the business;

10.29.07.06 Conditions of Issuance of a Surviving Spouse License

The Board may Issue a Surviving Spouse License if the Board Recieves:

B.

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A written statement from a licensed mortician on a form required by the Board verifying that, if embalming is provided, the licensed mortician will provide direct supervision and perform the embalming or other means of final disposition of dead human bodies on behalf of the mortuary science business requesting the license; and

10.29.07.06 Conditions of Issuance of a Surviving Spouse License

The Board may Issue a Surviving Spouse License if the Board Recieves:

C.

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Documentation that the business continues to be operated in the same manner or mode as it had been operated at the death of the licensed mortician or funeral director.

10.29.07.06 Conditions of Issuance of a Surviving Spouse License

The Board may Issue a Surviving Spouse License if the Board Recieves:

D.

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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.

10.29.07.07 Limitations of Surviving Spouse License

A.

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Nothing in these regulations precludes the expansion or relocation  of the business by a surviving spouse.

10.29.07.07 Limitations of Surviving Spouse License

B.

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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.

10.29.07.08 Prohibitions

A.

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The surviving spouse license may not be transferred to another person or to another person's mortuary science business or funeral establishment.

10.29.07.08 Prohibitions

B.

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The surviving spouse license 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.

10.29.07.09 Leasing Space

A.

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If space in a funeral establishment is leased, all transactions, stationery, funeral programs, bank or savings and loan records, advertisments, and other documents shall explicitly serve notice to the public that the mortuary science business operated by the surviving spouse is different from the establishment in which funerals are conducted.

10.29.07.09 Leasing Space

B.

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If space in a funeral establishment is leased, the name of the business of the deceased mortician or funeral director shall be used in all advertisements, including obituary notice, with the name and address of the funeral establishment from which the space is leased.

10.29.07.09 Leasing Space

C.

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Submits information on the form required by the Board;

10.29.07.10 Renewal

The license of a surviving spouse may be renewed every 2 years if the surviving spouse:

A.

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Pays the renewal fee required by the Board pursuant to COMAR 10.29.04; and

10.29.07.10 Renewal

The license of a surviving spouse may be renewed every 2 years if the surviving spouse:

B.

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Complies with the requirements under Health Occupations Article, Title 7, Annotated Code of Maryland.

10.29.07.10 Renewal

The license of a surviving spouse may be renewed every 2 years if the surviving spouse:

C.