Title 7- 3 Flashcards Preview

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Flashcards in Title 7- 3 Deck (69):
1

Denials, reprimands, suspensions, and revocations- Hearings.

7-319

2

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under 7-316 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

7-319 (a) Right to Hearing

3

The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

7-319 (b) Application of Administrative Procedure Act

4

The person may be represented by a counsel.

7-319 (c) Right to Counsel

5

Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any audit or investigation under this title and any hearings or proceedings before it.

7-319 (d)- Subpoenas and Oaths

6

If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction shall compel compliance witht he subpoena and may punish the person as for contempt of court.

7-319 (e) Contempt of Court

7

If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

7-319 (f) Ex Parte Hearings

8

If after a hearing an individual is found in violation of 7-316 of this subtitle, the individual shall pay the hearing costs.

7-319 (g) Costs

9

Except as provided in this section for an action against any health case professional under 7-316 of this subtitle, any person aggrieved by a final decision of the Board on a contested case, as defined in the Administrative Procedure Act, may:

  1. Appeal that decision to the Board of Review; and
  2. Then take any further appeal allowed by the Administrative Procedure Act

7-320 Administrative and Judicial Review

(a) In General

10

  1. Any health care professional aggrieved by a final decision of the Board under 7-316 of this subtitle may not appeal to the Secretary or Board of Review but may take a direct judicial appeal.
  2. The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

7-320 (b) Action Under 7-316

11

If a person notes an appeal from an order of suspension or revocation by the Board, the order is stayed.

7-320 (c) Stay Pending Review

12

Inactive status.

7-321

13

The Board shall place a licensee on inactive status if the licensee submits to the Board:

  1. An application for inactive status on the form required by the Board; and
  2. Pays the inactive fees to the Board

7-321(a) Application and Fees

14

A licensee on inactive status may reactivate the license at any time if the licensee:

  1. Complies with the continuing education requirements in effect for the year in which the licensee seeks to reactive the license;
  2. Has not practiced mortuary science in the State while on an inactive status; and
  3. Pays the reactivation fee set by the Board.

7-321 (b) Reactivation

15

If a license is inactive for more than 5 years, the licensee shall take and pass the Maryland Morticians Law Examination administered by the Board.

7-321 (c) Examination After Extended Period

16

Partnerships

7-401

17

Two or more licensed morticians or funeral directors may practice mortuary science as a partnership.

7-401 (a) Partnerships Permitted

18

A partnership shall be conducted under the names of all the partners.

7-401 (b) Required Names

19

Before practicing as a partnership, the licensees shall:

  1. Notify the Board that they will be practicing as a partnership; and
  2. Submit to the Board the name and address of each partner.

7-401 (c) Application

20

One or more licensed morticians or funeral directors may practice mortuary science as a professional association.

7-402 (a) Professional Associations Permitted

21

A professional association shall be conducted under the name authorized by the Department of Assessments and Taxation.

7-402 (b) Name

22

Before practicing as a professional association, the licensee shall:

  1. Notify the Board; and
  2. Submit to the Board the name and address of each member of the professional association.

7-402 (c) Application

23

The Board may establish a school to:

  1. Teach mortuary science; and
  2. Gather and give out information on:
    1. Sanitation
    2. Preservation of dead human bodies; and
    3. Disinfection of dead human bodies, living areas, clothing, and bedding when death results from infectious disease.

7-403: School of Mortuary Science

(a) Authority to Establish

24

The Board may adopt rules and regulations for:

  1. The conduct of the school
  2. Payment of tuition fees;
  3. Admission of students; and
  4. Issuance of diplomas.

7-403 (b) Rules and Regulations

25

The cost of operating the school shall be derived from:

  1. Tuition fees;
  2. License examination fees
  3. License fees; and
  4. Renewal fees

7-403 (c) Costs

26

Contract Required

7-404

27

  1. At the time a licensee makes the funeral arrangements, the licensee shall give to the individual who requested the funeral arrangements a contract that includes:
    1. An itemized list of all services and merchandise that will be provided and the total price;
    2. To the extent possible, a specification of any item for which the licensee will advance money to accomodate the buyer, and
    3. The terms and method of payment.

7-404 (a) Contract of Initial Agreement (1)

28

The contract shall be in duplicate and contain the signatures of the licensee, other than an apprentice, and the payor of the requested service.

7-404 (a)(2)

29

A copy of the signed contract shall be given to the payor at the time the arrangements are finalized.

7-404 (a)(3)

30

In addition to the contract required under subsection (a) of this sectionm the licensee shall give to the individual who requested a funeral a similar written statement that reflects any change in the arrangements agreed to between the parties.

7-404 (b) Additional Statements

31

A person for whose benefit a pre-need contract is purchased and who will recieve the merchandise or services offered under the contract.

Beneficiary

32

A person that purcahses a pre-need contract. (can be the same as the beneficiary)

Buyer

33

A person who agrees to provide services or merchandise, directly or indirectly, under a pre-need contract.

Seller

34

A person that has responsibility for making pre-need arrangements in a manner that entitles the beneficiary to be eligible for benefits that restrict assets.

Trustee

35

  1. Only a licensed mortician, a licensed funeral director, or holder of a surviving spouse license may offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract.
  2. Notwithstanding the provisions of paragraph (1) of this subsection, a licensed mortician or licensed funeral director who is employed by a funeral establishment may execute pre-need contracts on behalf of the funeral establishment with which the mortician or funeral director is employed.
  3. Any funeral establishment on whose behalf a pre-need contract is executed under this subsection must comply with the requirements of this section.

7-405 (b) Persons Authorized to Execute

36

  1. The name of each party to the contract and, if the beneficiary is an individual other than the buyer, the name of the beneficiary of the contract;
  2. A description of any service or merchandise to be  provided under the pre-need contract;
  3. A disclosure statement that clearly:
    1. States that all funeral costs may not be covered under the pre-need contract; and
    2. Lists all funeral goods and services that are reasonably expected to be required at the time of need, but are not included in the contract;
  4. The total price of the services and merchandise agreed on; and
  5. The method of payment.

7-405 (c) Form

(1) A pre-need Contract Shall Contain:

37

A preneed contract shall be executed in duplicate and be signed by each party.

7-405 (c) (2)

38

The seller shall give one of the duplicate originals of the pre-need contract to the buyer.

7-405 (c)(3)

39

Within 10 days after receiving payment under a pre-need contract, the seller shall deposit into an interest bearing, escrow or trust account:

  1. For services, 100% of the payment under the pre-need contract; and
  2. For goods:
    1. An amount from the payment that is equal to 80% of the selling price of a casket or casket vault under the pre-need contract; and
    2. 100% of the payment that is for all other goods under the pre-need contract

7-405 (d) Deposit of Funds

(1)

40

The interest bearing, escrow or trst account shal be with:

  1. A banking institution that s insured by an agency of the federal government; or
  2. A savings and loan association that is insured by an agency of the federal government.

7-405 (d) (2)

41

A seller need not have a seperate escrow or trust account for each pre-need contract.

7-405 (d) (3)

42

  1. Any interest or dividends earned by the escrow or trust account prior to service being rendered belong to the buyers of the pre-need contracts.
  2. Upon performance of the contract, any interest or dividends earned by the escrow or trust account belong to the seller.

7-405 (d) (4)

43

Except as otherwise provided in this section, the banking institution or savings and loan association with which funds are deposited under this section may not release the funds to the seller unless the seller provides to the banking institution or savings and loan associations:

  1. A copy of the death certificate of the beneficiary; or
  2. A notarized statement and withdrawal request from the buyer or the buyer's legal representative.

7-405 (e)(1)

44

Except as otherwise provided in this subsection, a seller may not withdrawal from the account any money recieved from the buyer unless the services and merchandise have been provided as agreed in the contract.

7-405 (e) (2) (i)

45

  1. Except as otherwise provided in this subsection, a seller may not withdrawal from the account any money recieved from a buyer unless the seller provides the banking institution or savings and loan association with which funds are deposited a copy of the beneficiary's death certificate.
  2. A violation of this subparagraph 1 of this subparagraph is an unfair or deceptive trade practice under Title 13 of the Commerical Law Article

 

7-405 (e) (2) (ii) 

 

46

A preneed contract is ended and a seller shall refund the buyer all payments and interest held for the buyer if:

  1. The buyer or the legal representative of the buyer demands in writing a refund fo all payments made;
  2. The business of the seller is discontinued or sold;
  3. The seller is unable to perform under the terms and conditions of the pre-need contract; or
  4. The buyer fails to pay the entire contract price before the death of the beneficiary, and the seller considers the pre-need contract void.

7-405 (e) (3)

47

  1. Notwithstanding the provisions of paragraph (3) of this subsection, the buy of a pre-need contract has the option, at any time, to establish, under paragraph (5) of this subsection, an irrevocable trust with respect to all or any portion of the payment made under the contract in the escrow or trust account held by the seller, but only for the purpose of entitling the buyer to be eligible for any current Social Security benefits or for any benefits under any other plan that restricts eligibility to those with limited assets.

7-405 (e) (4) (i)

48

The trust document establishing a trust under this paragraph shall contain the following notice, conspicuously displayed in 10-point boldface type:

"This document creates an irrevocable trust. Under the terms of this document, a buyer may not recieve a refund of any payments made for the pre-need burial contract."

7-405 (e) (4) (ii)

49

  1. The disposition fo the income earned by the trusth which shall inure to the benefit of the buyer;
  2. The transfer of the trust funds if required by a trustee substituted under paragraph (6) of this subsection; and
  3. The disposition of trust funds if:
    1. The business if the seller is discontinued or sold;
    2. The seller is unable to perform under the terms and conditions of the pre-need contract; and
    3. The buyer fails to pay the entire contract price before the death of the beneficiary and the seller considers the pre-need contract void.

7-405 (e)(5) The Trust Document Establishing a Trust Under Paragraph (4) of this Subsection shall Provide for:

50

If the buyer exercises the option described in paragraph (4) fo this subsection, the buyer, a relative of the buyer, or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract.

7-405 (e) (6)

51

If the contract is voided under paragraph (3) of this subsection and the option to establish an irrevocable trust has been exercised under paragraph (4) of this subsection, the buyer, a relative of the buyer, or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract.

7-405 (e)(7)

52

  1. A pre-need contract is not subject to the Retail Installment Sales Act.
  2. The making of a pre-need contract by a licensed mortician, a licensed funeral director, or a holder of the surviving spouse license is not the practice of insurance business.

7-405 (f)(1) and (2)

53

A pre-need contract that is funded by a life insurance policy or an annuity contract shall terminate if the assignment of benefits to the mortician, funeral director, or surviving spouse is revoked by the owner of the life insurance policy or annuity contract.

7-405 (f)(3)(ii)

54

A pre-need contract may be funded by a life insurance policy or annuity contract if:

  1. The mortician, funeral director, or surviving spouse is not the owner of or beneficiary under the life insurance policy or annuity contract;
  2. An assignment of benefits to the mortician, funeral director, or surviving spouse may be revoked at any tie by the owner of the life insurance policy or annuity contract;
  3. Subject to item 4 of this subparagraph, the nortician, funeral director, or surviving spouse agrees to accept the benefits payable under the life insurance policy or annuity contract as payment in full for the services and merchandise agreed on in the pre-need contract; and
  4. Any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed on in the pre-need contract are paid to the beneficiary under the life insurance policy or annuity contract.

7-405 (f)(3)(i)

55

  1. The offer, sale, or assignment of a life insurance policy or annuity contract to find a pre-need contract is not subject to this section.
  2. A pre-need contract funded by a life insurance policy or an annuity contract is not subject to subsection (d) or (e) of this section.

7-405 (f)(3)(iii)

56

A seller of a pre-need contract shall provide the buyer with a general price list for the buyer to keep of the goods and services offered by the seller.

7-405 (g) General Price List

57

A seller of a pre-need contract shall disclose to the consumer the buyer's cancellation and refund rights under subsection (d) of this section.

7-405 (h) Disclosure Required

58

A licensee shall maintain a complete file of cremation that includes the signature of the next of kin, person identifying the body, or person responsible for the disposition, time of death, and the date and time of cremation.

7-406- Cremation

59

A licensed funeral director shall provided to the surviving spouse or immediate family members of the deceased or authorized representatives a notice which advises that certain individuals may be entitled to continuation of group health insurancee benefits under 15-407 of the Insurance Article.

7-407- Cremation Benefits for Surviving Spouse

(a) -Duty of Licensed Funeral Directors to Provide

60

The notices required to be provided in subsection (a) of this section shall be supplied to the licensed funeral director by the Insurance Commissioner.

7-407 (b) Notice

61

A licensed funeral director who fails to provide notice under subsection (a) of this section shall not be liable to any person for benefits which would have otherwise been payable under 15-407 of the Insurance Article or other damages resulting from the failure to provide notice.

7-407 (c) Liability of Funeral Directors Failing to Provide Notice

62

In this section, "mortician and funeral director rehabilitation committee" means a committee that:

  1. Is defined in subsection (b) in this section; and
  2. Performs any of the functions listed in subsection (d) of this section.

7-408 Mortician and Funeral Director Rehabilitation Committees

(a) 

63

For purposes of this section, a mortician and funeral director rehabilitation committee is a committee of the Board or a committee of any association representing morticians and funeral directors that:

  1. Is recognized by the Board, and
  2. Includes but is not limited to morticians and funeral directors.

7-408 (b) In General

64

A rehabilitation committee of the Board or recognized by the Board may function:

  1. Solely for the Board; or
  2. Jointly with a rehabilitation committee representing another board or boards.

7-408 (c) Scope of Authority

65

For purposes of this section, a mortician and funeral director rehabilitation committee evaluates and provides assistance to any mortician or funeral director, and may other individual regulated by the Board, if need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

7-408 (d) Duties

66

  1. Except as otherwise provided in this subsection, the proceedings, records, and files of the morticians and funeral director rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the mortician and funeral director rehabilitation committee.
  2. Paragraph (1) of this subsection does not apply to any record or document that is considered by the mortician and funeral director rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
  3. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review or a proceeding before the Board.

7-408 (e) Discoverability and Addmissibility of Proceedings, Records and Files

67

A person who acts in good faith and within the scope of jurisdiction of a mortician and funeral director rehabilitation committee is not civilly liable for any action as a member of the mortician and funeral director rehabilitation committee or for giving information to, participating in, or contributing to the function of the mortician and funeral director rehabilitation committee.

7-408 (f) Good Faith Exemption from Civil Liability

68

All inspections of funeral establishments shall be unannounced and make take place at any time without notice from the Board.

7-409  Inspections

(a) Without Notice

69

An unannounced insection may include advance notice that an investigator may be in the region of the funeral establishment, if:

  1. The advance notice is no mor than 14 days prior to the inspection;
  2. No specific date or time is provided for the inspection; and
  3. The advance notice is rovided solely to ensure that a licensed mortician or funeral director will be on-site for the inspection.

7-409 (b) Advance Notice