10.29.21 The Mortuary Transport Services Flashcards Preview

Maryland Law Exam > 10.29.21 The Mortuary Transport Services > Flashcards

Flashcards in 10.29.21 The Mortuary Transport Services Deck (88):
1

This chapter applies to:

  • A. Applicants for a mortuary transport service permit;
  • B. Applicants for registration as a transporter for a mortuary science transport service;
  • C. Permitted mortuary transport services; and
  • D. Reistered transporters

10.29.21.01 Scope

2

The State Board of Morticians and Funeral Directors

Board

3

The Crominal Justice Information System

CJIS

4

To disinfect the entire interior of the mortuary transport service vehicle, including the driver's cabin.

Cleaning

5

A building, portion of a building, or stucture that houses the necessary appliances and facilities for cremation.

Crematory

6

The performance of both, a:

  • State criminal history check by the Central Repository; and
  • National criminal history check by the Federal Bureau of Investigation

Criminal History Records Check

7

A process that eliminates many or all pathogenic microorganisms, except bacterial spores, or inanimate objects using liquid chemicals or wet pasteurization.

Disinfect

8

Any building, structure, or premises from which the business of practicing mortuary science is conducted.

Funeral Establishment

9

  • The body of a deceased person; or
  • A part of a body or limb that has been removed from a living person.
  • Includes the body or part of a body or limb in any state of decomposition.

Human Remains

10

A surface constructed from material that does not allow another substance to pass through or to penetrate the material.

Impervious Surface

11

Unless the context requires otherwise, a funeral establishment that is licensed by the Board.

Licensed Funeral Establishment

12

An individual or a business entity issued a permit by the Board that, for compensation:

  • Removes and transports human remains;
  • Transports human remains from the place of death or storage to a fueral establishment or crematory;
  • Employs a transporter to remove or transport human remains.

Mortuary Transport Service

13

  • A licensed funeral establishment's own employee or employees to remove and transport human remains for compensation in the establishment's own Board-inspected vehicle; or
  • A cemetery or an employee of a cemetery that removes or transports human remains within the boundaries of the cemetery.

Mortuary Transport Service does not Include:

14

The Office of Cemetery Oversight within the State department of Labor, Licensing, and Regulation.

Office

15

A permit issued by the Board to the owner of a mortuary transport service to operate in the State.

Permit

16

A mortuary transport service that holds a permit issued by the Board.

Permit Holder

17

An individual employee of a mortuary transport service who has registered with the Board to remove and transport human remains.

Registered Transporter

18

A registration issued by the Board to a registered transporter to remove and transport human remains.

Registration

19

A vehicle of size, dimensions, and specifications suitable for the transportation of human remains which has passed an inspection by the Board.

Removal Vehicle

20

To remove human remains from one location and transport the human remains directly to another location.

Remove and Transport Human Remains

21

To qualify for a permit to operate a mortuary transport service, an individual shall:

  1. Be at least 19 years of age;
  2. Be of good moral character; and
  3. Satisfy the requirements of Health Occupations Article 7-602, Annotated Code of Maryland.

10.29.21.03 Requirements for a Permit.

A.

22

To apply for a permit, an individual shall submit to the Board:

  1. An application signed by an individual who is the owner or co-owner of the mortuary transport service to be permitted on a form provided by the Board.
  2. The required fee as set forth in Regulation .08 of this chapter;
  3. A notarized statement attesting to compliance with Health Occupations Article 7-602(c), Annotated Code of Maryland;
  4. Evidence that all removal vehicles have passed an inspection by an inspector designated by the Board; and
  5. Evidence that the mortuary transport service is bondable and carries liability insurance to cover each registered transporter employed by the mortuary transport service.

10.29.21.03 Requirements for a Permit.

B.

23

An individual may not operate a mortuary transport service in the State without a permit issued by the Board.

10.29.21.03 Requirements for a Permit.

C.

24

If the permit holder is the sole employee of the mortuary transport service, the permit holder shall also be registered as a transporter.

10.29.21.03 Requirements for a Permit.

D.

25

The permit holder shall return an expired permit to the Board as soon as possible.

10.29.21.03 Requirements for a Permit.

E.

26

The permit holder shall be responsible for registering all transporters in their employ.

10.29.21.03 Requirements for a Permit.

F.

27

To qualify as a registered transporter, an individual shall:

  1. Be at least 18 years of age;
  2. Be of good moral character;
  3. Hold a current valid driver's license in good standing; and
  4. Be employed by a mortuary transport service that holds a permit issued by the Board.

10.29.21.04 Requirements for Registration.

A.

28

Before registering as a registered transporter, an individual shall complete the following Board approved coursework options:

  1. An OSHA or MOSHA training course.
  2. A course in blood-borne pathogens;
  3. A course on infection control; and
  4. A law course on:
    • Health-General Article 5-513, Annotated Code of Maryland, excluding references to inspections of an out-of-state facility, with the objective of understanding the proper treatment of the remains with dignity; and
    • This chapter.

10.29.21.04 Requirements for Registration.

B. Required Coursework

29

  1. A signed application on a form provided by the Board;
  2. Written, verified evidence satisfactory to the Board that the applicant has:
    1. Completed the application for a criminal history records check using the process required by CJIS and designating that the check be sent to the Board; and
    2. Paid all fees required by CJIS
  3. Evidence of successful completion of the coursework required by B of this regulation; and
  4. A copy of the individual's driving record, including probation before judgement findings.

10.29.21.04 Requirements for Registration.

C. To apply for a registration as a registered transporter, an individual shall submit:

30

A registered transporter shall maintain a current mailing address, excluding a post office box address, on file with the Board.

10.29.21.04 Requirements for Registration.

D.

31

The permit of the mortuary transport service that employs the registered transporter shall be prominently displayed on the person of the registered transporter by means of an identification card. The identification card shall include the following information:

  1. A current picture of the registered transporter;
  2. The name of the mortuary transport service that employs the registered transporter; and
  3. The permit number of the mortuary transport service.

10.29.21.04 Requirements for Registration.

E.

32

The permit holder shall confiscate the identification card of a transporter who is no longer in the permit holder's employ and return the identification card to the Board.

10.29.21.04 Requirements for Registration.

F.

33

The Board may not register an applicant until the Board has:

  1. Received and reviewed the criminal history records information; and
  2. Approved the completed application.

10.29.21.04 Requirements for Registration.

G.

34

Before using a body bag for removal of human remains, the registered transporter shall inspect the body bad to ensure that the body bad is fully closable and that there are no holes, rips, or tears in the body bag.

10.29.21.05 Procedures.

A.

35

  1. All bodily fluids shall be considered as potentially infectious and dealt with appropriately.
  2. Proper personnel protective equipment shall be available for use at all times.
  3. Contaminated surfaces and equipment shall be cleaned with disinfectant immediately upon completion of the removal or as soon as possible after the removal.

10.29.21.05 Procedures.

B. Potentially infectious body fluids:

36

After each removal and as soon as possible, the registered transporter shall clean their hands using antiseptic hand cleanser and paper towels or antiseptic towelettes. As soon as possible thereafter, the registered transporter shall wash their hansd using hot running water and soap.

10.29.21.05 Procedures.

C.

37

The permit holder shall establish a written schedule for thorough cleaning, to be kept in the glove box of the removal vehicle, and method for cleaning the removal vehicle and equipment at least quarterly or as needed taking into account the use of the vehicle, the type of contamination present, and the human remains transferred.

10.29.21.05 Procedures.

D.

38

An individual authorizing removal shall be given an inventory in which the transporter has made note of all valuables found on the decedent for the individual's signature.

10.29.21.05 Procedures.

E.

39

A permit holder or transporter shall:

  1. At all times treat the human remains being transported with the utmost dignity; and
  2. Comply with the requirements of Health-General Article 5-513, Annotated Code of Maryland, except with regard to inspection of an out-of-State facility.

10.29.21.06 Prohibited Acts.

A.

40

Violate any federal, State, or local law or regulation or order a transporter to violate any federal, State, or local law or regulation.

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(1)

41

Employ a transporter who does not hold a registration issued by the Board;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(2)

42

In signage or advertisement, use a name for the mortuary transport service that is different from the name of the mortuary transport service as it appears on the permit issued by the Board;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(3)

43

Operate the Mortuary transport service in a manner that does not respect:

  • The dignity of the decedent; and
  • The public health

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(4)

44

Prevent or in any way inhibit the Board's designated inspector from inspecting a complaint or from inspecting a removal vehicle;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(5)

45

Unless appropriately licensed, represent themselves as a mortician or funeral director;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(6)

46

Make arrangements for burial or cremation of human remains;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(7)

47

Fail to notify the Board within 30 days of:

  • A change in address of the mortuary transport service;
  • A change in address of a registered transporter; or
  • A commencement of employment or a separation of employment with a registered transporter;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(8)

48

Dress or behave in an unprofessional manner while performing their official duties;

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(9)

49

Advertise or solicit business directly to the family of a dying person or recently deceased person; or

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(10)

50

Offer goods or services other than the service a permit authorizes the permit holder to provide.

10.29.21.06 Prohibited Acts.

B. A permit holder may not:

(11)

51

Transport human remains without the required documented authorization;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(1)

52

Unless appropriately credentialed, represent themselves as a:

  • Permit holder;
  • Mortician; or
  • Funeral Director

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(2)

53

Allow an individual who is not an employee of the employing mortuary transport service or of the funeral establishment engaging the services of the mortuary transport service to accompany the registered transporter while in the performance of the registered transporter's official duties.;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(3)

54

Make arrangements for burial or cremation of the human remains unless appropriately licensed or certified by the Board of the Office;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(4)

55

Unless removing and transporting more than one human remains from different locations, fail to transport human remains driectly to the location agreed upon by the individual with the right to final disposition of the human remains or to the location requested by the mortician or funeral director;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(5)

56

Fail to notify the Board of a change or the registered transporter's address within 30 days;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(6)

57

Fail to display prominently on their person, in accordance with Regulation .04E of this chapter, the permit number of the mortuary transport service for which the registered transporter is employed;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(7)

58

Dress or behave in an unprofessional manner while performing their official duties;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(8)

59

Display in any removal vehicle any marking, sticker, or other indication of passage of a Board inspection other than the sticker issed by the Board.

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(9)

60

Advertise or solicit business directly to the family of a dying person or recently deceased person;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(10)

61

Offer goods or services other than the service a permit authorizes the permit holder to provide;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(11)

62

Sign a death certificate;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(12)

63

Upon arrival at a location for the purpose of removing and transporting human remains, fail to:

  • Verbally identify themselves as a registered transporter; and
  • Identify the entity for whom they are removing and transporting human remains;

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(13)

64

Perform their official duties in an unsanitary manner or in a manner that does not observe the Centers for Disease Control's Guidelines on Universal Precautions; or

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(14)

65

Eat, drink, or smoke in the removal vehicle while in the performance of their official duties.

10.29.21.06 Prohibited Acts.

C. A Registered Transporter May Not:

(15)

66

  1. Be of appropriate size for the transport of human remains;
  2. Have windows tinted to the extent that human remains are obscured from the public view;
  3. Have a cargo bay which:
    1. Is fully enclosed; and
    2. Is designed to prevent co-mingling or shifting of human remains while in transit; and
  4. Have a floor which is a nonporous, impervious surface.

10.29.21.07 Vehicle Standards.

A. A Removal Vehicle Shall:

67

  1. A removal stretcher and litter, each with a leakproof pouch; and
  2. A universal precaution kit which shall include the following:
    1. A red bio-waste bag;
    2. A heavy disaster pouch;
    3. Goggles;
    4. Booties;
    5. A mask;
    6. Disposable gloves;
    7. A clean or disposable apron;
    8. Antiseptic hand cleaner;
    9. Disinfectant spray;
    10. Clean towels; and
    11. A first-aid kit

10.29.21.07 Vehicle Standards.

B. A Removal Vehicle Shall Include at Least the Following Equipment:

68

Before the sale of a removal vehicle, the permit holder shall have the vehicle disinfected.

10.29.21.07 Vehicle Standards.

C.

69

Removal vehicles shall be inspected by a Board designated inspector at least every 2 years starting from the date of first inspection.

10.29.21.07 Vehicle Standards.

D.

70

A removal vehicle which has passed a Board inspection shall prominently display a Board-issued sticker on the vehicle attesting to passage of the inspection.

10.29.21.07 Vehicle Standards.

E.

71

Initial Fee:

  • Category 1 (for 1-3 transporters,  including the permit holder)- $350;
  • Category 2 (for 4-7 transporters, including the permit holder)- $500
  • Category 3 (for 8-15 transporters, including the permit holder)- $750; and
  • Category 4 (for more than 15 transporters, including the permit holder)- $1,000

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

A. Mortuary Transport Service Permit:

(1)

72

Renewal fee:

  • The permit renewal fee shall be the same as the initial fee provided that there has been no change in category;
  • If the number of transporters employed by a mortuary transport service has increased, resulting in a change in category, the initial fee for the higher category shall be paid as the renewal fee; and
  • If the number of transporters employed by a mortuary transport service has decreased, resulting in a change in category, the initial fee for the lower category shall be paid as the renewal fee.

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

A. Mortuary Transport Service Permit:

(2)

73

Transporter registration processing fee (to add a transporter without change of category within the renewal cycle)- $40

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

B.

74

$400

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

C. Late Fee (Permit)

75

$350 + initial fee

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

D. Reinstatement Fee

76

$40

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

E. Duplicate or Replacement Permit

77

$50

 

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

F. Duplicate Registration

 

78

$40

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

G. Permit or Registration Verification Fee

79

$40

10.29.21.08 Fees

The Following Fees Related to Mortuary Transport Services are Established by the Board:

H. Replacement Inspection Sticker

80

A mortuary transport service's permit expires 30 days after the effective date of this chapter.

10.29.21.09 Renewal Requirements

A.

81

After being issued an initial permit, a mortuary transport service's permit:

  1. Expires on the date set by the Board, unless it is renewed for an additional term; and
  2. May not be removed for a term longer than 2 years.

10.29.21.09 Renewal Requirements

B.

82

At least 2 months before the permit expires, the Board shall issue a renewal notice to the permit holder that states:

  1. The date by which the renewal application shall be recieved by the Board for the renewal to be issued and mailed before the registration expires; and
  2. The amount of the renewal fee.

10.29.21.09 Renewal Requirements

C.

83

The permit holder may renew the mortuary transport service permit for an additional term of 2 years if the permit holder:

  1. Is otherwise entitled to be issued a permit;
  2. Pays to the Board a renewal fee set forth in Regulation .08 fo this chapter; and
  3. Submits to the Board:
    1. A completed renewal application on the form that the Board requires;
    2. An updated criminal history records check; and
    3. An updated driving record, including probation before judgement findings.

10.29.21.09 Renewal Requirements

D.

84

The Board shall impose the late fee established in Regulation .08 of this chapter on any permit holder who fails to renew their permit 1 month before it expires.

10.29.21.09 Renewal Requirements

E.

85

A transporter's registration if effective provided:

  1. It has not been suspended or revoked by the Board; and
  2. The registered transporter is employed by a mortuary transport service which holds a permit issued by the Board.

10.29.21.09 Renewal Requirements

F.

86

  1. Resubmit the application required by the Board for initial applicants;
  2. Satisfy the education requirements stated in Regulation .04B of this chapter; and
  3. Pay to the Board the reinstatement fee established by the Board in regulation .08 of this chapter.

10.29.21.10 Reinstatement Requirements

A. To reinstate an expired permit, an individual shall:

87

An individual whose registration has lapsed shall reapply to the Board under the procedure set forth in Regulation .04 of this chapter.

10.29.21.10 Reinstatement Requirements

B.

88

All vehicles registered by an establishment which is part of the same business stucture as a licensed Maryland funeral establishment shall be inspected by the Board at a convenient location within the State if the related establishment intends to transport Maryland decedents in their vehicles.

10.29.21.11 Multi-State Establishments