Title 7- 4 Flashcards Preview

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Flashcards in Title 7- 4 Deck (77):
1

Any individual who is 18 years of age or older may decide the disposition of the individual's own body after the individual's death without the pre-death or post-death consent of another person by executing a document that expresses the individual's wishes or by entering into a pre-need contract.

7-410- Decisions Concening Disposition of body.

(a)- Individual's Own Body

2

In order to be valid, any document executed under subsection (a) of this section must be written and signed by the individual in the presence of a witness, who, in turn, shall sign the document in the presence of the individual.

7-410 (b) Validity of Executed Document

3

Unless a person has knowledge that contrary directions have been given by the decedent, if a decedent has not executed a document under subsection (a) of this section, the following persons, in the order of priority stated, have the right to arrange for the final disposition of the body of the decedent under this section and are liable for the reasonable costs of preparation, care, and disposition of the decedent.

7-410 (c) Priority in Arranging for Disposition of Body of Another

4

  1. The surviving spouse or domestic partner, as defined in 1-101 of the Health General Article, of the decedent:
  2. An adult child of the decedent
  3.  A parent of the decedent
  4. And adult brother or sister of the decedent;
  5. A person acting as a representative of the decedent under a signed authorization of the decedent;
  6. The guardian of a person of the decedent at the time of the decedent's death, if a guardian has been appointed; or
  7. In the absence of any person under paragraphs (1) through (6) of this subsection, any othe person willing to assume the responsibility to act as authorizing agent for purposes of arranging the final disposition of the decedent's body, including the personal representative of the decedent's estate, after attesting in writing that a good faith effort has been made to no avail to contact the persons described in paragraphs (1) though (6) of this subsection.

 

7-410 Decisions Concerning Disposition of Body

(c)- Priority in Arranging for Disposition of Body of Another

(1-7)

5

  1. Subject to paragraph (2) of this subsection, if a decedent has more than one survivor under subsection (c)(1) through (4) fo this section, any adult child, parent, or adult brother or sister of the decedent who confirms in writing to a licensee that all of the other members of the same class have been notified may serve as the authorizing agent unless the licensee recieves a written objection from another member of that class.
  2. If a decedent has more than one survivor under subsection (c)(1) through (4) of this section, the majority of a class may serve as the authorizing agent.

7-410 (d) When More than one Person Authorized

6

For an individual whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State-appointed guardian, ro any other public official charged with arranging the final disposition of the body of the individual may serve as the authorizing agent for the purposes of this section.

7-410 (e) Public Officials Authorized

7

For an individual who has donated the individual's body to medical science or whose death occurred in a nursing home or other private institution, a representative of the institution to which the body was donated or in which the decedent died may serve as the authorizing agent of the decedent and the institution is charged with making arrangements for the final disposition of the body.

7-410 (f) Institutions Authorized

8

Before burial or interment, a mortician shall affix to the long bone of the deceased human body a plastic or metal identification tag.

7-411 Identification Tag

(a) Affixed to Body

9

After cremation, a licensee shall ensure that a metal or plastic identification tag is placed in the cremains container.

7-411 (b)- When Body Cremated

10

  1. The name of the decedent
  2. The social security number of the decedent
  3. The decedent's date of birth; and
  4. The decedent's date of death.

7-411 (c) Included Information

11

The Family Security Trust Fund Advisory Committee

7-4A-01- Definitions

(a) In general- In this subtitle the following words have the meanings indicated:

(b) Advisory Committee

12

Means the Family Security Trust Fund

7-4A-01 (c) Fund

13

This subtitle does not limit the authority of the Board to:

  1. Take any action against a licensee under the disciplinary provisions of 7-316 through 7-320 of this title; or
  2. Take any other disciplinary or other action authorized under this title.

7-4A-02 Authority

14

There is a family Security Trust Fund

7-4A-03 Family Security Trust Fund

(a) Establishment

15

The Board shall:

  1. Administer the Fund, and
  2. Over a reasonable period of time, build the Fund to a level of at least $1,000,000 and thereafter maintain the Fund at that level.

7-4A-03 (b) Administration

16

The Fund is a special, nonlasping fund that is not subject to 7-302 of the State Finance and Procurement Article

7-4A-03 (c) Status

17

  1. The Board shall deposit all money collected to the credit of the Fund with the State Treasurer for placement into a special account.
  2. (i) The state Treasurer may invest or reinvest money in the Fund in the same manner as money in the State Retirement and Pension System
    • (ii)- The Investment Earnings Shall be:
    1. Credited to the Fund, and
    2. Available for the same purposes as the money deposited into the Fund.

 

7-4A-03 (d) Deposit and Investment of Money Collected

18

The Fund is not liable for ny other expenses or obligations of the Board.

7-4A-03 (e) Liability for Expenses or Obligations

19

  1. Accounting and financial reports related to the Fund shall be publicly available in a timely manner.
  2. The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in 2-1220 of the State Government Article

7-4A-03 (f) Accoutning and Financial Reports, Audit

20

  1. The Board may retain the services of appropriate experts or service providers to advise about, or administer, the Fund.
  2. The costs of services described in paragraph (1) of this subsection shall be paid out of the Fund.

7-4A-03 (g) Services of Experts

21

The Board shall adopt regulations for the administration and claims procedures of the Fund.

7-4A-03 (h) Regulations

22

There is a Family Security Trust Fund Advisory Committee

7-4A-04 Family Security Trust Fund Committee

(a) Established

23

The advisory committee consists of the following 5 members:

  1. Three members of the Board, including one consumer member, appointed by the Board;
  2. One member designated by the Maryland State Funeral Directors Association; and
  3. One member designated by the Funeral Directors and Morticians Association of Maryland, Inc.

7-4A-04 (b) Composition

24

The Advisory Committee members may be, but are not required to be, licensees of the Board.

7-4A-04 (c) Membership Requirements

25

  1. Except for the initial terms of the Advisory Committee, the term of a member is 4 tears.
  2. A member continues to serve until a successor is appointed and qualifies.
  3. The term of the initial members shall be staggered evenly between 3 years and 4 years as the Advisory Committee shall determine at the Advisory Committee's first meeting.
  4. A member may not serve for more than two 4-year terms.

7-4A-04 (d) Term

26

The Advisory Committee shall elect annually a chair, vice chair, and secretary from among its members.

7-4A-04 (e) Chair

27

  1. The Advisory Committee shall meet at the call fo the chair and the vice chair.
  2. The Advisory Committee shall meet at least twice each year at the times and places that it determines.

7-4A-04 (f) Meetings

28

The purpose of the Advisory Committee is to provide nonbinding counsel and advice to the Board on any Fund matters other than pending individual claim matters.

7-4A-04 (g) Purpose

29

  1. Work with the Advisory Committee in a coorperative manner; and
  2. Provide to the Advisory Committee, in a timely manner:
    1. All appropriate Fund information, other than information involving pending claim matters; and
    2. Summary information about the outcome of all closed claims, including actual amounts of individual and total claim payments.

7-4A-04 (h) Duties- The Board Shall:

30

  1.  May not recieve compensation as a member of the Advisory Committee; but
  2. May recieve reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

7-4A-04 (i) Compensation and Reimbursement- A Member of the Advisory Committee:

31

Before the Board issues an initial funeral establishment license, the funeral establishment shall pay, in addition to other applicable fees, a fee of $375 to be credited to the Fund.

7-4A-05 Payments by Funeral Establishment

(a) Fee

32

  1. Each funeral establishment shall pay $375 per year into the Fund, until the Fund has accumulated a balance of $1,000,000
  2. If, after the Fund has accumulated a balance of $1,000,000, the amount in the Fund falls below $1,000,000, the Board shall assess each funeral establishment an additional fee in the amount that will, over a reasonable period, return the Fund to a level of at least $1,000,000.
  3. The Board may not issue a renewal funeral establishment license if the funeral establishment has not paid the fee required under this subsection.

7-4A-05 Payments by Funeral Establishment

(b)- Payment into Fund

 

33

Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.

7-4A-06 Claim for Loss

(a) In General

34

  1. Be based on an act or omission that occurs in the provision of a funeral pre-need services by:
    1. A licensed mortician
    2. A licensed funeral director
    3. A licensed apprentice mortician
    4. A licensed apprentice funeral director; or
    5. An unlicensed employee of a licensed funeral establishment
  2. Involve a transaction that relates to pre-need funeral planning that occurred in the State; and
  3. Be based on an act or omission.
    1. In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery, or
    2. That constitutes fraud or misrepresentation.

7-4A-06 Claim for Loss

(b) Basis- A Claim for the Loss Shall:

 

35

The amount recovered for any claim against the Fund:

  1. May not exceed the actual monetary loss suffered; and
  2. May not include noneconomic, consequential, or punative damages.

7-4A-06 (c) Amount of Recovery

36

A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.

7-4A-06 (d) Contract Provision

37

Each claim against the Fund shall be made in accordance with this section.

7-4A-07 Claim for Loss- Form and Content

(a) In General

38

  1. Be in writing
  2. Be made under oath
  3. State the amount of loss claimed
  4. State the facts on which the claim is based; and
  5. Be accompanied by any documentation or other evidence that supports the claim.

7-4A-07 (b) Form and Content- Each Claim Shall:

39

The Board shall act promptly on a claim made under this subtitle.

7-4A-08- Claim for Loss- Procedure for Handling

(a) Time Period

40

  1. Forward a copy of the claim:
    1. To each licensee alleged to be responsible for the act or omission giving rise to the claim;
    2. To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
    3. To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
  2.  Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim.

7-4A-08 (b) Initial Procedure- On Reciept of the Claim, the Board Shall:

41

  1. The Board:
    1. Shall review the claim and any response to the claim; and
    2. May conduct an investigation of the claim.
  2. On the basis of its review and any investigation that the Board conducts, the Board shall:
    1. Set the matter for hearing; or
    2. If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.

7-4A-08 (c) Review and Investigation

42

At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.

7-4A-08 (d) Burden of Proof

43

The board shall give the following persons notice of the hearing and an opportunity to participate in the hearing:

  1. The claimant
  2. Each licensee alleged to be responsible for the act or omission giving rise to the claim;
  3. Each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
  4. Each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim.

7-4A-06 Claim for Loss- Hearing

(a) Notice

44

The Board may not proceed with the hearing unless the records of the Board show that the Board provided each notice required under the provisions of this section and 7-4A-08 of this subtitle.

7-4A-09 (b) Proof of Notice in Records

45

If a claim against the Fund alleges that the act or omission giving rise to the claim was performed by a licensee, the Board may join the proceeding on the claim with any disciplinary proceeding against the licensee under this title arising from the same facts alleged in the claim.

7-4A-10 Claim for Loss- Disciplinary Action

(a) Joinder of Disciplinary Action

46

  1. For that part of the hearing on consolidated proceedings that relates to disciplinary action but does not relate to the Fund claim against a licensee, the claimant:
    1. May not be a party; and
    2. May participate only as a witness
  2. For that part of the hearing on consolidated proceedings that relates to the claim against the Fund, the claimant is a party.

7-4A-10 

(b) Parties to Hearing

 

47

The board shall order full or partial payment of a claim by the Fund if, on the hearing, the claimant proves that the claimant has a valid claim under this subtitle.

7-4A-11 Claim for Loss- Payment

(a) Grounds for Payment

48

The Board may order full or partial payment by the Fund only for the actual monetary loss suffered by the claimant as a result of the claim proven by the claimant.

7-4A-11 (b) Actual Monetary Loss

49

A payment may not be made by the Fund under an order of the Board until:

  1. The expiration of the time provided under Title 10, Subtitle 2 of the State Government Article for seeking judicial review of the Board's order; or
  2. The expiration of any judicial stay of the order of the Board.

7-4A-11 (c) When Payment can be Made:

50

The Board shall order payment of each claim due in the order in which the claim was awarded.

7-4A-11 (d) Order of Payment

51

If, at the time a payment is due, the money in the Fund is insufficient to satisfy fully the order for payment, the Board:

  1. Immediately shall pay to the claimant the amount that is available in the Fund; and
  2. When sufficient funds are available in the Fund, shall pay the claimant the balance due on the order.

7-4A-11 (e) Insufficient Funds

52

After payment of a claim by the fund, a licensee who the Board finds responsible for the act or omission that gave rise to the claim shall reimburse the fund in full for:

  1. The amount paid by the Fund; and
  2. Interest on the amount paid by the Fund at an annual rate of 6%.

7-4A-12 Claim for Loss- Liability of Licensee

(a) Reimbursement

53

Each licensee who the Board finds responsible for the act or omission that gave rise to a claim is jointly and severally liable for the claim.

7-4A-12 (b) Joint and Several

54

If a licensee does not reimburse the Fund as provided in subsection (a) of this section, the Board or the State Central Collection Unit, as assignee of the Board, may bring an action against the licensee for teh amount that has not been reimbursed.

7-4A-12 (c) Action for Failure to Reimburse

55

The Board or the State Central Collection Unit, as assignee of the Board, shall be entitled to a judgement for the amount that the licensee has not reimbursed the Fund if the Board proves that:

  1. Payment was made by the Fund based on an act or omission for which the Board found the licensee was responsible,
  2. A period of at least 30 days has passed since payment was made by the Fund; and
  3. The licensee has not reimbursed the Fund for the amount for which the judgement is sought.

7-4A-12 (d) Judgement

56

If a person is liable for reimbursing the Fund under this section recieves a demand for reimbursement and fails to reimburse the Fund, the reimbursement amount and any accrued interest or cost are a lien in favor of the State on any real property of the person if the lien is recorded and indexed as provided in this subsection.

7-4A-12 (e) Lien

(1)

57

  1. The lien in favor of the State created by this subsection may not attach to specific property until the State Central Collection Unit records written notice of the lien in the office of the clerk of the court for the county in which the property subject to the lien or any part of the property is located.
  2. The notice required under subparagraph (i) of this paragraph shall contain the name and address of the person against whose property the lien exists, the amount of the lien, a description of or reference to the property subject to the lien, and the date the Fund paid the claim giving rise to the lien.

7-4A-12 (e)(2)

58

The lien in favor of the State created by this subsection does not have priority as to any specific property over any person who is a lien holder of record at the time the notice required under paragraph (2) of this subsection is recorded.

7-4A-12 (e)(3)

59

On presentation of a release of any lien in favor of the State created by this subsection, the clerk of the court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.

7-4A-12 (e)(4)

60

The notice required under paragraph (2) fo this subsection and any release filed uder paragraph (4) fo this subsection shall be indexed with the judgement lien records maintained by the office of the clerk of the court where the notice is recorded.

7-4A-12 (e)(5)

61

The clerk may collect a reasonable fee for recording and indexing each notice of lien or release of any lien under this subsection.

7-4A-12 (e)(6)

62

For the purpose of excepting to a discharge of a license under 11 U.S.C. 523, the Board or the State Central Collection Unit, as assignee of the Board, is a creditor of the licensee for the amount that was paid by the Fund but that has not been reimbursed by the licensee.

7-4A-12 (f) Creditor

63

If the Board orders payment by the Fund of a claim based on an act or omission for which a licensee is responsible, the Board immediately and without further proceedings shall suspend the license of the licensee.

7-4A-13 Claim for Loss- Liability of Licensee- Suspension of License

(a) Immediate Suspension

64

The board may not reinstate a license that is suspended under this section until the person whose license was suspended:

  1. Repays in full
    1. The amount paid by the found;and
    2. The interest due under 7-4A-12(a)(2) of this subtitle; and
  2. Applies to the Board for reinstatement of the license.

7-4A-13 (b) Conditions for Reinstatement

65

Regardless of whether the disciplinary sanction was imposed for the same act or omission that gave rise to the claim against the Fund, the reimbursement of the Fund by a licensee does not affect any sanction imposed by the Board against a person under the disciplinary provisions of 7-316 through 7-320 of this title.

7-4A-13 (c) Reimbursement does not Affect Disciplinary Action

66

Except as otherwise provided in this title, a person may not practice, attempt to practice, offer to practice, or assist in the practice or mortuary science in this Sate unless licensed by the Board.

7-501 Practicing Without License

67

Unless authorized to practice mortuary science under this title, a person may not represent to the public by title, by description of the services, methods, or procedures, or otherwise, that the person is authorized to practice mortuary science in this State.

7-502 Misrepresentation

68

Except as provided in subsection (b) of this section, a licensee may not practice mortuary science under any name other than the name that appears on that person's license.

7-503 Use of Name

(a) In General

69

  1. The name appearing on the license may be a trade or copyrighted name which may be sold to another licensee as part of the goodwill of the funeral establishment.

7-503(b)(1)- Sale

70

If the sale of a trade name or copyrighted name is made part of a sale of a funeral establishment:

  1. The buyer must:
    1. Notify the Board of the sale of the trade or copyrighted name; and
    2. Apply for a funeral license in the name of the new owner; and
  2. The funeral establishment license must indicate that the trade or copyrighted name will continue to be used by the new owner.

7-503 (b)(2)

71

The sale of a funeral establishment does not preclude the buyer from advertising the funeral establishment as the successor to the funeral establishment acquired.

7-503 (b)(3)

72

Unless a person is a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license, the person may not offer or agree, directly or indirectly, to provide services or merchandise under a pre-need contract.

7-504 Pre-need Contracts

73

A licensee or the agent of a licensee may not represent that a burial or funeral casket is required for cremation.

7-505 Cremation Casket

74

Reserved

7-506, 7-507

75

A person who violates any provision of this Title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.

7-508 Penalties

76

This title may be cited as the "Maryland Morticians and Funeral Directors Act"

7-601 Short Title

77

Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of not effect after July 1, 2018

7-602 Termination of Title