Md. Code Regs. 10.29.03.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.29.03.03 - Funeral Establishment Requirements

A. The Board shall license a funeral establishment before the funeral establishment may be used for the practice of mortuary science or funeral direction.

B. The Board shall issue a funeral establishment license to a funeral establishment that has:

(1) Complied with all applicable federal, State, and local laws, including the requirements set forth in this chapter;

(2) Except as provided in §C of this regulation, completed all requirements specified in this chapter within 6 months of application submission;

(3) Submitted an application to the Board on the required form at least 60 days before the opening of the business;

(4) Paid the non-refundable application fee and, when applicable, the family security trust fund fee; and

(5) Operated in accordance with Health Occupations Article, Title 7, Annotated Code of Maryland.

C. Application Extension Request. To obtain approval from the Board for an application extension, a funeral establishment shall:

(1) Submit, in writing to the Board, a one-time application extension request not to exceed 90 days; and

(2) Explain the reason for the extension request.

D. A license shall expire on the date set by the Board, unless the license is renewed for an additional term at a fee set by the Board.

E. A license is nontransferable and may not be renewed for a term longer than 2 years.

F. Upon a sale or change in ownership of the funeral establishment, the new owner shall:

(1) Notify the Board within 14 days; and

(2) Request a new license by submitting an application to the Board in writing with supporting documentation reflecting the sale or change of ownership.

G. The Board shall issue a new funeral establishment license reflecting the sale or change in ownership if:

(1) The applicant submits the required documentation to the Board; and

(2) An inspection of the funeral establishment results in a finding that the funeral establishment is in compliance with all applicable federal, State, and local laws.

H. A license, and the licenses of individual licensees employed at the funeral establishment, shall be displayed prominently at the premises.

I. The funeral establishment:

(1) Shall employ and designate, on a form provided by the Board, a supervising mortician or supervising funeral director, licensed in accordance with State laws, who shall be in compliance with Health Occupations Article, Title 7, Annotated Code of Maryland;

(2) Shall prominently display on a sign, not smaller than 8 and 1/2 inches by 11 inches, immediately located either outside or inside the main entrance, in letters not less than one-half inch high, the names of:

(a) Each licensee who holds at least a 10 percent ownership interest in the partnership, professional association, or sole proprietorship which operates the funeral establishment;

(b) Any individual, corporation, or other business entity, which either directly or indirectly holds an ownership interest of 10 percent or more in the corporation or business entity that operates the funeral establishment; and

(c) All restricted funeral establishments operating from that funeral establishment;

(3) That does embalmings and has designated a funeral director as the supervising agent shall employ a licensed mortician on staff;

(4) May not be required to apply for a new funeral establishment license if there is a change of a supervising mortician or supervising funeral director;

(5) Shall notify the Board, on a form provided by the Board, of any change of supervising mortician or supervising funeral director within 10 days;

(6) May not operate without a supervising mortician or supervising funeral director, who shall be continuously responsible, for more than 30 calendar days; and

(7) Shall ensure that medical waste is picked up by a licensed medical waste disposer not less than every 60 days from the date generated as outlined in COMAR 10.06.06.

Md. Code Regs. 10.29.03.03

Regulation .03H amended effective August 27, 2007 (34:17 Md. R. 1508)
Regulation .03H 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)
Regulation .03H amended effective September 7, 2009 (36:18 Md. R. 1380); amended effective 49:7 Md. R. 466, eff. 4/4/2022; amended effective 50:26 Md. R. 1131, eff. 1/8/2024