10.29.16-.20 Cremation Flashcards Preview

Maryland Law Exam > 10.29.16-.20 Cremation > Flashcards

Flashcards in 10.29.16-.20 Cremation Deck (155)
Loading flashcards...
31

Designate a registered crematory operator who shall be responsible for the day-to-day operation of the business provided that the registered crematory operator may not be degisnated as the responsible party for more than a total of two crematories;

10.29.17.03 Permit- Requirements for Permit

B. A person shall:

(4)

32

Provide a certificate of status, issued by the Maryland Department of Assessments and Taxation, if the applicant is a business entity:

  • Indicating that the entity is in good standing, or its equivalent as determined by the Board; and
  • Dated not earlier than 30 days before the application; and
  • Comply with all applicable federal, State, and local laws.

10.29.17.03 Permit- Requirements for Permit

B. A person shall:

(5)

33

An operating crematory shall apply to the Board for a permit within 90 days from the effective date of this regulation or be subject to Board action.

10.29.17.03 Permit- Requirements for Permit

C.

34

Before applying to the Board for a permit, any crematory not in operation before the effective date of this chapter shall have in its employ an individual who holds a certification from:

  1. The Cremation Association of North America (CANA)
  2. The International Cemetery, Cremation and Funeral Association (ICCFA); or
  3. Another equivalent body recognized jointly by the Board and the Office.

10.29.17.03 Permit- Requirements for Permit

D.

35

An individual may be registered by the Board as a registered crematory operator if the individual meets the requirements of this regulation.

10.29.17.04 Requirements for Registration or a Registered Crematory Operator.

A.

36

  1. Submit an application on a form provided by the Board;
  2. Pay the nonrefundable fee and any other applicable fees set forth in Regulation .09 of this chapter;
  3. Be of good moral character;
  4. Be 18 years old or older;
  5. Achieve certification as a crematory operator by the Cremation Association of North America (CANA), International Cemetery, Cremation and Funeral Association (ICCFA), or other equivalent recognized jointly by the Board and the Office;
  6. Successfully complete the operator training course of the manufacturer of the cremator located in the crematory with which the applicant is affiliated; and
  7. Provide evidence to the Board of the individual's ability to read and write.

10.29.17.04 Requirements for Registration or a Registered Crematory Operator.

B. An individual Shall:

37

The permit holder or registered crematory operator shall notify the Board of any change in the information provided if the applicant either before or after the issuance of a permit or registration within a reasonable period of time but not to exceed 7 days from the date of the change.

10.29.17.05 Change of Information

38

Before the expiration date of the permit or registration, a permit holder or registered crematory operator shall complete and return the renewal form, pay the nonrefundable renewal fee, and submit any required documentation.

10.29.17.06 Renewals

A.

39

A person who has a permit or registration as a permit holder or registered crematory operator may renew the permit or registration every 2 years, beginning on a date specified by the Board, in the following manner:

  1. Complete the renewal application form;
  2. Pay the nonrefundable renewal fee set forth in Regulation .09 of this chapter;
  3. Meet the permit and registration requirements of this chapter and Health Occupations Article, Title 7, Annotated Code of Maryland; and
  4. Submit the required documentation.

10.29.17.06 Renewals

B.

40

After the expiration date, if an application for renewal of a permit or registration has not been made or if the individual has been identified by the Office of the Comptroller or the Department of Labor, Licensing, and Regulation as deliquent in the payment of taxes or unemployment insurance contributions, pursuant to tax compliance regulations of COMAR 10.31.02 or, pursuant to Family Law Article 10-119.3, Annotated Code of Maryland, has outstanding child support obligations, the individual may not engage in the operation of a crematory business or act as a registered crematory operator.

10.29.17.06 Renewals

C.

41

An individual who engages in the operation of a crematory business or acts as a registered crematory operator without renewing the required permit or registration is subject to disciplinary action by the Board.

10.29.17.06 Renewals

D.

42

if a permit holder or registered crematory operator applies for renewal past the expiration date of the permit or registration, the individual shall pay the renewal fee plus the late renewal fee set forth in Regulation .08 of this chapter.

10.29.17.06 Renewals

E.

43

  • A. Completing a permit application form;
  • B. Paying the permit fee and the late renewal fee set forth in Regulation .09 of this chapter;
  • C. Meeting the permit requirements under this chapter;
  • D. Submitting the documentation required by this chapter;
  • E. Providing a full written explanation to the Board detailing the reasons why the permit was allowed to expire and why a permit is now sought; and
  • F. Submitting to the Board an affidavit stating that the person did not engage in the operation of a crematory in this State while the permit was lapsed.

10.29.17.07 Lapsed Permit

A person who has been issued a permit and who has allowed the permit to lapse for at least 6 months may apply for a permit by doing the following:

44

  1. Crematory permit- $350
  2. Registered crematory operator- $300
  3. Crematory permit renewal- $300; and
  4. Late fee- $200

10.29.17.08 Fees

The following fees are established by the Board:

A. Initial permit or registration and renewal fees:

45

  1. Replacement of permit or registration - $50
  2. Returned check fee- $50
  3. Duplicate permit or registration- $50
  4. Business name change- $50
  5. Personal name change- $50
  6. Business address change- $50; and
  7. Annual pre-need sales trust report- $25

10.29.17.08 Fees

The following fees are established by the Board:

B. Miscellaneous fees:

46

A permit and registration, as well as any other permit or license required by local, State, or federal agencies shall be conspiciously displayed in a public area on the crematory premises.

10.29.17.09 Display of Permit.

47

This chapter governs crematory inspections, standards, the complaint process, investigations, grounds for discipline, and penalties.

10.29.18 Crematories- Inspections, Complaints, Investigations, Grounds for Discipline, and Penalties

.01 Scope

48

A crematory shall be available for inspection by a representative of the Board at any time during operating hours.

10.29.18.02 Inspection by the Board.

A.

49

A crematory shall be inspected:

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

10.29.18.02 Inspection by the Board.

B.

50

The permit holder of any person responsible for day-to-day operation of the cremation machinery shall be available to accompany the inspector during the inspection and sign the initial inspection report. A copy of the inspection report shall be provided to the permit holder or registered crematory operator responsible for the day-to-day operation of the crematory.

10.29.18.02 Inspection by the Board.

C.

51

The premises shall be completely cleaned after each cremation;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(1)

52

Except by express written consent of the authorizing agent, there may not be more than one human body cremated simultaneously in a single cremator;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(2)

53

A cremator shall be completely cleaned after each cremation;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(3)

54

There may not be co-mingling of human remains and pet remains in refrigeration units or cremation machinery;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(4)

55

Separate cremators shall be dedicated for the cremation of human remains adn the cremation of pets;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(5)

56

There may not be:

  • Co-mingling of cremated human remains with other human or pet cremated human remains;
  • Scooping of cremated human remains from a bucket containing co-mingled cremated human remains; or
  • Any form of misrepresentation in the return of cremated human remains;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(6)

57

Excluding a deceased person with a known communicable infection, human remains shall be promptly identified before cremation by verifying that the documentation accompanying the human remains is consistent with a visual observation of the human remains;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(7)

58

Burial transit permit shall be an original document pertaining to the deceased;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(8)

59

Each crematory shall have:

  • A sink with hot and cold water within the room housing the cremator; and
  • The equipment necessary to thoroughly clean the floor within the room housing the cremator with water and an appropriate sanitizing agent;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(9)

60

The name of the deceased shall be visible on the outside of the cremation container;

10.29.18.02 Inspection by the Board.

D. A crematory shall maintain the following minimum standards:

(10)