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1

Apprentice or funeral driector license; requirements for completion of apprenticeship

7-306

2

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

7-306 (a) Apprentice License Required

3

  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.

7-306 (b) Sponsors

4

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

7-306 (c) Apprentice License Fee

5

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.

7-306 (d) Requirements for Completion of Apprenticeship

(1)

6

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.

7-306 (d) (2)

7

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.

7-306 (d) (3)

8

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

7-306 (d)(4)

9

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.

7-306 (d)(5)

10

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

7-306 (d) (6)

11

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.

7-306 (e) Scope of Licenses

12

Repealed by Acts 2007, ch 185, Title 1, effective October 1, 2007.

7-307. Funeral Director License.

13

Surviving spouse license.

7-308

14

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.

7-308  (a) Issuance

15

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.

7-308 (b) Examination (1)

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

7-308 (b) (2)

17

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

7-308 (b) (3)

18

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.

7-308 (c) Sale of Business

19

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.

7-308 (d) Scope

20

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.

7-308 (e) Conditions

21

Executor License

7-308.1 

22

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.

7-308.1 (a) In General

23

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

7-308.1 (b) Requirements

24

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.

7-308.1 (c) Sale of Business Permitted

25

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.

7-308.1 (d) Authorized Activities

26

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.

7-308.1 (e) Licensed Mortician Required

27

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.

7-308.1 (f) Expiration

28

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.

7-308.1 (g) Continuation After Expiration

29

Corporation License

Title 7-309

30

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.

7-309 (a) In General