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Maryland Law Exam > Title 7- 2 > Flashcards

Title 7- 2 Flashcards

1
Q

Apprentice or funeral driector license; requirements for completion of apprenticeship

A

7-306

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2
Q

An individual shall obtain an apprentice license from the Board before beginning an apprenticeship in this State.

A

7-306 (a) Apprentice License Required

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3
Q
  1. An applicant for a mortician apprentice license shall have a sponsor with a current mortician license.
  2. An applicant for a funeral director license shall have a sponsor with a current mortician or funeral director license.
A

7-306 (b) Sponsors

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4
Q

An applicant for an apprentice license shall pay the Board a fee set by the Board.

A

7-306 (c) Apprentice License Fee

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5
Q

Prior to an individual appearing before the Board for approval of an apprentice license, the individual must complete two-thirds of the academic credits for a mortuary science program at a school accredited by the American Board of Funeral Service or approved by the Board, with a 2.0 grade point average or higher than is verified with a certified copy of the college transcripts.

A

7-306 (d) Requirements for Completion of Apprenticeship

(1)

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6
Q

The applicant shall appear before the Board with the applicant’s sponsor. The sponsor shall hold a current valid mortician license in Maryland and shall be employed by the same funeral home that employs the apprentice.

A

7-306 (d) (2)

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7
Q

The practical experience of an apprentice shall include:

  1. Participation in at least 20 funerals,
  2. Except as provided in paragraph (4) of this subsection, assistance in the preparation of at least 20 dead human bodies for final disposition; and
  3. Completion of 1,000 hours in a licensed funeral establishment under the direct supervision of a licensed mortician or funeral director. Supervision may include instruction by other licensed morticians or funeral directors employed or supervised by the sponsor.
A

7-306 (d) (3)

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8
Q

For an apprentice funeral director, the practical experience under paragraph (3)(ii) of the subsection may not include embalming.

A

7-306 (d)(4)

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9
Q

On termination of the sponsor-apprentice relationship, both the sponsor and the apprentice shall independently notify the board in writing of:

  1. The date of termination
  2. The name, date of death, and date of service for each decedent for whom a funeral service was conducted under paragraph (3)(i) fo this subsection in which the apprentice participated; and
  3. The name, date of death, and date of the preparation for disposition of each decedent for whom the apprentice assisted in accordance with paragraph (3)(ii) of this subsection.
A

7-306 (d)(5)

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10
Q

Prior approval must be granted by the Board before a change in sponsorship occurs.

A

7-306 (d) (6)

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11
Q

While the license is effective, an apprentice license authorizes the licensee to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction only as part of a training program to become a licensed mortician or funeral director.

A

7-306 (e) Scope of Licenses

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12
Q

Repealed by Acts 2007, ch 185, Title 1, effective October 1, 2007.

A

7-307. Funeral Director License.

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13
Q

Surviving spouse license.

A

7-308

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14
Q

Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant:

  1. Is the surviving spouse of a licensed mortician or licensed funeral director whose license was in good standing at the time of death and who at the time of death was operating a wholly or partly owned a mortuary science business;
  2. Is not a licensed mortician or licensed funeral director.
  3. Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee and the application required by the Board; and
  4. Pays a fee set by the Board.
A

7-308 (a) Issuance

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15
Q

Within 6 months of the issuance of the surviving spouse license, the applicant must take the written Maryland State law examination administered by the Board under 7-304 (b), (c), (d), and (f) of this subtitle.

A

7-308 (b) Examination (1)

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16
Q

The licensee shall become null and void if the surviving spouse fails the Maryland State law examination twice.

A

7-308 (b) (2)

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17
Q

An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection.

A

7-308 (b) (3)

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18
Q

Nothing in this section shall prevent a surviving spouse from selling the mortuary science business that was operated and wholly or partially owned by the licensed funeral director or licensed mortician.

A

7-308 (c) Sale of Business

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19
Q

Except as provided in subsection (c) of this section, while a surviving spouse license in effective, it authorizes the license to:

  1. Continue the operation of the mortuary science business that had been operated and wholly or partly owned by the spouse of the license; and
  2. Assist with the planning and conducting of funeral services for that mortuary science business.
A

7-308 (d) Scope

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20
Q

The Board may issue a license under this section only if:

  1. The business is operated under the direct supervision of a licensed mortician or funeral director; and
  2. The emblaming is done by a licensed mortician.
A

7-308 (e) Conditions

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21
Q

Executor License

A

7-308.1

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22
Q

A personal representative of a deceased mortician’s or funeral director’s estate shall be licensed by the Board before continuing operation of the mortuary science business.

A

7-308.1 (a) In General

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23
Q

The board shall issue an executor license to an applicant if the applicant:

  1. Is the appointed personal representative of the deceased mortician’s or funeral director’s estate in accordance with the requirements established in Title 5 of the Estates and Trusts Article;
  2. Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee, written verification of appointment of personal representative, and the application required by the Board; and
  3. Pays a fee set by the Board
A

7-308.1 (b) Requirements

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24
Q

Nothing in this section shall prevent a personal representative from selling the mortuary science usiness that was operated and wholly or partly owned by the licensed funeral director or licensed mortician.

A

7-308.1 (c) Sale of Business Permitted

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25
Q

Except as provided in subsection (c) of this section, while an executor license is effective, it authorizes the licensee to:

  1. Continue operation of the mortuary science business that had been operated and wholly or partly owned by the deceased mortician or funeral director; and
  2. Assist with the planning and conducting of funeral services for the mortuary science business.
A

7-308.1 (d) Authorized Activities

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26
Q

The Board may issue a license under this section only if:

  1. The business is operated under the direct supervision of a licensed mortician or funeral director; and
  2. The embalming services are provided by a licensed mortician.
A

7-308.1 (e) Licensed Mortician Required

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27
Q

Notwithstanding the provisions of 7-314 of this subtitle, an executor license is valid for six months from the date of issuance and may not be renewed or reinstated after expiration.

A

7-308.1 (f) Expiration

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28
Q

A personal representative who wishes to continue operation of a mortuary science business upon expiration of the executor license must qualify and be licensed as a mortician or funeral director, or be the hoder of a surviving spouse or corporation license.

A

7-308.1 (g) Continuation After Expiration

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29
Q

Corporation License

A

Title 7-309

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30
Q

Except as otherwise provided by law, a corporation may not operate a mortuary science business and the Board may not issue a license or to list any corporation as licensed to operate a mortuary science business.

A

7-309 (a) In General

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31
Q

The Board may renew only the license of a corporation that:

  1. On June 1, 1945, held a license issued by this State;
  2. Has been renewed continuously since that date;
  3. Submits an application on a form required by the Board; and
  4. Pays a fee set by the Board
A

7-309 (b) Exception

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32
Q

Each application for renewal made by a corporation shall state the name and address of each officer and director of the corporation.

A

7-309 (c) Contents of Application

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33
Q

While a corporation license is effective, it authorizes a corporation to operate a mortuary science business only if any practice of mortuary science that is conducted for the corporation is practices by a licensed individual.

A

7-309 (d) Scope of License

34
Q

A corporation may not operate a branch funeral establishment unless the branch funeral establishment was in operation on or before October 1, 1964.

A

7-309 (e) Branch of Establishments

35
Q

If corporation is sold, declares bankruptcy, or ceases to operate, written notice must be submitted to:

  1. The Board, within 2 weeks of the occurrence, detailing the changes and the arrangements for carrying out the pre-need contracts and disbursement of the money held in escrow; and
  2. The holders of pre-need contracts advising them of their options under Maryland law.
A

7-309 (f) Sale, Bankruptcy, or Cessation of Operations

36
Q

Funeral Establishment License. (Ammendment effective January 1, 2009)

A

7-310

37
Q
  1. A funeral establishment shall be licensed by the Board before the establishment may be used for the preparation of the remains, viewing, and conducting of services.
  2. The license may be restricted to operations as determined by the Board.
A

7-310 (a) License Required; Restrictions:

38
Q

To apply for a funeral establishment license, an applicant shall:

  1. Submit an application to the Board on the form that the Board requires; and
  2. Pay to the Board:
    1. An application fee set by the Board; and
    2. The fee established under 7-4A-05(a) of this title.
A

7-310 (b)(1) Application-

39
Q

An application for a funeral establishment shall be signed by a licensed individual who is not an apprentice but is the owner or co-owner of the establishment to be licensed.

A

7(b)(2)

40
Q

The Board shall issue a funeral establishment license to a funeral establishment that:

  1. Has complied with all applicable State and local laws;
  2. Will be owned and operated in accordance with this title by at least one licensed mortician or one licensed funeral director, or a holder of a surviving spouse or corporation license; and
  3. Will be held responsible for any and all activities performed on the premises.
A

7-310 (c) Issuance

41
Q

Signs and advertisements of a funeral establishment shall display the name that appears on the establishment license.

A

7-310 (d) Name on License to Appear on Signs and Advertisements

42
Q

Courtesy Card

A

7-311

43
Q

The Board may issue a courtesy card to a practitioner of mortuary science who:

  1. Is licensed to practice mortuary science in another state;
  2. Maintains a license in good standing with that state;
  3. Files an application with the Board; and
  4. Pays to the Board a license fee set by the Board.
A

7-311 (a) Issuance

44
Q

The Courtesy Card:

  1. Allows the holder of the courtesy card to make a removal of a dead human body in this State and to return the body to another state or country, to return a dead human body from another state or country to this State for final disposition, 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; but
  2. Does not allow the holder of the courtesy card to operate a funeral establishment, make funeral arrangements, or conduct funerals in this State.
A

7-311 (b) Scope of Card.

45
Q

A card issued by the Board under this title is not transferable.

A

7-311 (c) Transferability

46
Q

Any person who obtains a burial-transit permit under 4-215 of Health-General Article is exempt from any requirement of this title to be under the direction of a licensed mortician or licensed funeral director.

A

7-312 Exemption for Persons Obtaining Burial-Transit Permit

47
Q

The board shall issue the appropriate license to an applicant who meets the requirements of this title.

A

7-313 Issuance and Contents of License; License not Transferable.

(a) Issuance

48
Q

The board shall include on each license and renewal certificate that the Board issues:

  1. The signature of the secretary of the Board;
  2. The seal of the Board;
  3. A designation of the kind of license; and
  4. If it is a corporation license, the name and address of each director and each officer.
A

7-313 (b)- Contents

49
Q

A license issued by the Board under this title is not transferable.

A

7-313 (c) License not Transferable

50
Q

Term and Renewal of Licenses. (Ammendment Effective January 1, 2009).

A

7-314

51
Q

A license issued under this title expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.

A

7-314 (a) Term of License

52
Q

At least 1 month before a license expires, the Board shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:

  1. The date on which the current license expires;
  2. The date by which the renewal application must be recieved by the Board for the renewal to be issued and mailed before the license expires; and
  3. The amount of the renewal fee.
A

7-314 (b) Renewal Notice

53
Q
  1. Has met the qualifications for licensure and is not under a susoension or revocation order of the Board;
  2. Except as otherwise provided under this title, pays to the Board a renewal fee set by the Board;
  3. Submits to the Board a renewal application on the form that it requires;
  4. Submits to the Board satisfactory evidence of compliance with any continuing education requirements the Board may adopt by regulation; and
  5. For a funeral establishment license, provides proof of any payment to the Board required in accordance with 7-4A-05(b) of this title.
A

7-314 (c)(4) Applications for Renewal- Except as otherwise provided in this section, before a license expires, the licensee periodically may renew it for additional terms, if the licensee:

54
Q
  1. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
  2. The secretary of the Board may issue a renewal certificate during the interim between meetings of the Board.
A

7-314 (d) Issuance of Renewal

55
Q
  1. Before an apprentice license expires, the licensee may renew it for an additional 1-year term only if the licensee:
    1. Submits to the Board a renewal application on the form that the Board requires;
    2. Continues to participate in a training program; and
    3. Pays to the Board a renewal fee set by the Board
  2. An apprentice license may be renewed only two times.
A

7-314 (e) Apprentice License

56
Q

Before a courtesy card expires, the licensee may renew it for additional terms if the licensee:

  1. Submits to the board a renewal application on the form that the Board requires;
  2. Submits documentation to the Board that the out-of-state license is in good standing; and
  3. Pays to the Board a renewal fee set by the Board.
A

7-314 (f) Courtesy Card

57
Q

If, when the license of an individual otherwise would expire, the liensee is on active duty as a member of the armed forces but not on a career basis, the license is renewed automatically for a 1-year term without application or payment of a fee.

A

7-314 (g) Members of Armed Forces

58
Q

Reinstatement of Expired Licenses

A

7-315

59
Q
  1. Requests that the Board reinstate the license;
  2. Meets the appropriate renewal requirements of this subtitle;
  3. Pays to the Board a reinstatement fee set by the Board;
  4. Submits to the Board an affidavit stating that the individual did not practice mortuary science in this State while the license was expired; and
  5. Applies to the board for reinstatement of the license within 5 years after the license expires.
A

7-315 (a) In General- The Board shall reinstate the license of an individual who has failed to renew a mortician license or funeral director license for any reason if the individual:

60
Q

The Board may not reinstate the license of a mortician or funeral director for fails to apply for a reinstatement of the license within 5 years after the license expires unless the mortician or funeral director meets the terms and conditions established by the Board.

A

7-315 (b) Limitation

61
Q

Denials, Reprimands, Suspensions, and Revocations- Grounds

A

7-316

62
Q

Subject to the hearing provisions of 7-319 of this subtitle and except as to a funeral establishment license, the Board may deny a license to any applicant, reprimand and licensee, place and licensee on probation, or suspend or revoke any license if the applicant or licensee:

A

7-316 (a) In General

63
Q
  1. Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or license or for another;
  2. Fraudulently or deceptively uses a license;
  3. Commits fraud or misrepresentation in the practice of mortuary science;
  4. Is convicted or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
A

7-316 (a) (1-4)

64
Q
    1. Aids or abets an unauthorized person in the practice of mortuary science.
    1. Advertises falsely or in a misleading manner
    1. Solicits mortuary science business, either personally or by an agent, from a dying individual or the relatives of dead or dying individual, other than through general advertising.
    1. Employs, pays, or offers to pay a “capper”, “steerer”, “solicitor”, or any other person to obtain business, either in general or for a licensee or funeral establishment.
A

7-316 (a) (5-8)

65
Q
    1. Directly or indirectly pays or offers to pay or obtain mortuary science business;
    1. Solicits or accepts any payment or rebate for recommending any crematory, mausoleum, or cemetery or causing a dead human body to be disposed of there;
    1. Refuses to surrender custody of a dead human body on the demand of a person who is entitled to its custody;
    1. Sells or offers to sell any share, certificate, or interest in a mortuary science business with a promise or offer to perform services to the buyer at a cost less than that offered to the general public;
A

7-316 (a) (9-12)

66
Q
    1. Fails, after proper demand, to refund promptly any payments received under a pre-need contract with interest;
    1. At the time funeral arrangements are made, fails to give the contract required by 7-404 of this title;
    1. Violates any State, municipal, or county law, rule, or regulation on the handling, custody, care, or transportation of the dead human bodies or the disposal of instruments, materials, and wastes relevant to preparation of a dead human body for final disposition;
    1. Practices mortuary science under a name other than:
      * 1. The name that appears on the license of that person; or
      * 2. The name of a partnership in accordance with 7-401 of this title;
A

7-316 (a) (13-16)

67
Q
    1. Signs an application for a funeral establishment license if the signer knew or should have known that grounds existed for which the funeral establishment license later was denied, suspended, or revoked;
    1. Violates any provision of this title or of the laws relating to cremation.
    1. Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
    1. Willfully makes or files a false report or record in the practice of mortuary science.
A

7-316 (a) (17-20)

68
Q
    1. Wilfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
    1. Submits a false statement to collect a fee;
    1. Provides professional services while:
      * 1. Under the influence of alcohol; or
      * 2. Using any narcotic or controlled dangerous substance, as defined in 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
    1. Violates any rule or regulation adopted by the Board.
A

7-316 (a) (21-24)

69
Q
    1. Is professionally, physically, or mentally incompetent;
    1. Commits an act of unprofessional conduct in the practice of mortuary science;
    1. Refuses, witholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive.
    1. Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control’s guidelines on universal precautions.
A

7-316 (a) (25-28)

70
Q
    1. Fails to allow an inspection under 7-205(a)(8) of this title;
    1. Fails to comply with inspection requirements in the time specified by the Board; or
    1. Fails to provide the Board the certification required under 7-405 (i) of this title.
A

7-316 (a) (29-31)

71
Q

Subject to the hearing provisions of 7-319 of this subtitle and paragraph (2) of this subsection, the Board may reprimand, place on probation, deny, suspend, or revoke a funeral establishment license for any of the grounds listed in subsection (a) of this section.

A

7-316 (b) Funeral Establishment (1)

72
Q

The Board may not reprimand, place on probation, or revoke a funeral estabishment license because of a violation of a provision of this title by an employee of the establishment, unless the employee has a proprietary interest in the business that is conducted from the establishment.

A

7-316 (b) (2)

73
Q

An action may be maintained in the name of the State or the Board to enjoin:

  1. The unauthorized practice of mortuary science; or
  2. Conduct that constitutes a ground for discuplinary action under 7-315 of this subtitle.
A

7-316.1 (a) In General

74
Q
  1. The board
  2. The attorney general; or
  3. A state’s attorney
A

7-316.1 (b) By Whom Brought- An Action Under This Section may be Brought by:

75
Q

An action under this section shall be brought in the county where the defendant:

  1. Resides, or
  2. Engages in the practice of mortuary science
A

7-316.1 (c) Where Brought

76
Q

Proof of actual damage or proof that a personwill sustain damage if an injunction is not granted is not required for an action under this section.

A

7-316.1 (d) Proof of Damage not Required

77
Q

Criminal prosecution for the unauthorized practice of mortuary science under 7-501 of this title or disciplinary action under 7-316 of this subtitle does not prohibit an action to enjoin under this section.

A

7-316.1 (e) Criminal Prosecution Does not Prohibit Injunction

78
Q

Penalty instead of probation or suspension or in addition to probation, suspension, or revocation.

A

7-317

79
Q

If, after the Board brings an action under 7-316 of this subtitle, the Board finds that there are grounds to place a licensee on probation or suspend or revoke a license, the Board may impose a penalty not exceeding $5,000:

  1. Instead of suspending or revoking the license; or
  2. In addition to placing the licensee on probation or suspending or revoking the license.
A

7-317 (a) Imposition of Penalty

80
Q

The Board shall pay any penalty collected under this section into the General Fund of the State

A

7-317 (b) Disposition of Funds

81
Q

Unless the Board agress to accept the surrender of a license while the licensee is under investigation or while charges are pending against the licensee, a licensee may not:

  1. Surrender the license; or
  2. Allow the license to lapse by operation of the law.
A

7-318 Surrender of License (a) In general

82
Q

The Board may set conditions on its agreement with the licensee under investigation of against whom charges are pending to accept surrender of the license.

A

7-318 (b) Conditions

Maryland Law Exam (24 decks)

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