Md. Code Regs. 10.29.03.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.29.03.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Board" means the Maryland State Board of Morticians and Funeral Directors.

(2) "Deficiency" means a specific failure to comply with the requirements set forth by the Board.

(3) "Funeral director" means an individual who is licensed by the Board to practice all aspects of mortuary science, except for embalming.

(4) "Funeral establishment" means any building, structure, or premises licensed by the Board, with facilities for:

(a) Embalming or holding of human remains for disposition;

(b) Viewing of the human remains; and

(c) Funeral services.

(5) "Funeral establishment sponsor" means any licensed funeral establishment providing for the operation of a Board-approved restricted funeral establishment.

(6) "Holding room" means a room which is:

(a) Used for the holding of human remains if arterial embalming is not a function of the funeral establishment; and

(b) Distinct from the viewing room, chapel, or any other part of a funeral establishment.

(7) "Inspection" means a survey of a funeral establishment by an inspector designated by the Board to ensure compliance with this chapter.

(8) "Mortician" means an individual who is licensed by the Board to practice mortuary science.

(9) "Ownership" means having or controlling directly or indirectly at least 10 percent interest in the corporation, partnership, association, organization, or other business entity.

(10) Practice Funeral Direction.

(a) "Practice funeral direction" means to:

(i) Operate a funeral establishment;

(ii) For compensation, prepare human remains for disposition; and

(iii) For compensation, arrange for or make final disposition of human remains.

(b) "Practice funeral direction" does not include:

(i) For compensation, disinfecting or preserving human remains or any of its parts by arterial or cavity injection or any other type of preservation; or

(ii) The business of operating a crematory.

(11) Practice Mortuary Science.

(a) "Practice mortuary science" means:

(i) The practice of funeral direction; and

(ii) Disinfecting or preserving human remains or any of its parts by arterial or cavity injection

(b) "Practice mortuary science" does not include:

(i) The pickup, removal, or transportation of human remains, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director; or

(ii) The business of operating a crematory.

(12) "Preneed contract" means an agreement between a consumer and a licensed funeral director or licensed mortician to provide any goods and services purchased before the time of death.

(13) "Preparation room" means an area with a minimum of 120 square feet which is used exclusively for the practice of mortuary science, which is separate and distinct from the viewing room, chapel, or any other part of a funeral establishment.

(14) "Restricted funeral establishment" means a licensed business authorized by the Board under Health Occupations Article, § 7-310(a) (2), Annotated Code of Maryland, to practice mortuary science or funeral direction services by a licensed mortician or funeral director with a designated sponsoring funeral establishment.

(15) "Supervising funeral director" means a funeral director who is responsible to the Board for compliance with Health Occupations Article, Title 7, Annotated Code of Maryland, for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts.

(16) "Supervising mortician" means a mortician who is responsible to the Board for compliance with Health Occupations Article, Title 7, Annotated Code of Maryland, for all operations of a funeral establishment including, but not limited to, the administration of preneed accounts.

(17) "Viewing room" means an area in which human remains are placed on display and which is a separate and distinct area from the preparation and holding room.

Md. Code Regs. 10.29.03.02

Regulation .02B amended effective August 27, 2007 (34:17 Md. R. 1508)
Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514); amended effective 49:7 Md. R. 466, eff. 4/4/2022