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Flashcards in Title 7- 4 Deck (77)
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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

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  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

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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

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  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: