Title 7- 3 Flashcards Preview

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Flashcards in Title 7- 3 Deck (69)
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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