Md. Code Regs. 10.29.03.05

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

Section 10.29.03.05 - Inspection by the Board

A. A licensed funeral establishment and a restricted funeral establishment shall be open at all reasonable times for inspection by the Board. Inspection results shall be written on forms approved by the Board.

B. Each funeral establishment and restricted funeral establishment shall be inspected:

(1) On a biennial basis;

(2) In furtherance of an investigation; or

(3) Upon the sale or change of ownership of the funeral establishment.

C. An owner, supervising mortician, supervising funeral director, or licensed designee shall be available to accompany the inspector during the inspection and sign the inspection report.

D. The following forms shall be available for inspection, with a copy given to the inspector for the inspector's records:

(1) A general price list of charges for services to the public;

(2) A completed and duly signed funeral service contract with any invoices attached;

(3) A price list of caskets as charged to the public;

(4) A price list of outer burial containers, as charged to the public;

(5) Cremation forms:

(a) Authorization form to cremate,

(b) Cremation identification form, and

(c) Disposition of cremated remains notification;

(6) A preneed contract form along with a bank statement form, for verification of an escrow or trust account, and, if provided, an insurance statement;

(7) A copy of the hazardous waste certification form described in §E(6)(d) of this regulation; and

(8) An authorization to release the body to the funeral establishment or the restricted funeral establishment.

E. Standards for Inspection of Funeral Establishments and Restricted Funeral Establishments.

(1) Preparation Room. If arterial or cavity injection will take place at a funeral establishment or a restricted funeral establishment, the funeral establishment or the restricted funeral establishment shall maintain on the premises a preparation room which shall be adequately equipped and maintained in a sanitary manner for the preservation and care of human remains. The minimal requirements shall be as follows:

(a) The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, impervious, washable material;

(b) The floors, walls, and ceilings shall be in a clean and sanitary condition;

(c) The lighting shall be adequate;

(d) The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations;

(e) Doors to the preparation room shall be tight-closing and the windows maintained to obstruct any view into the preparation room;

(f) The preparation room shall be a minimum of 120 square feet; and (g) If a refrigeration unit is on the premises, the refrigeration unit shall be clean, sanitary, and in good working condition.

(g) If a refrigeration unit is on the premises, it shall be clean, sanitary, and in good working condition.

(2) Holding Room. If arterial or cavity injection will not take place at a funeral establishment or a restricted funeral establishment, the funeral establishment or the restricted funeral establishment shall maintain on the premises a holding room which shall be adequately equipped for the holding of human remains which shall be kept in a clean and sanitary manner. The minimal requirements for the holding room shall be as follows:

(a) The floors, walls, and ceilings shall be smooth and made of tile or other high gloss, impervious, washable material;

(b) The floors, walls, and ceilings shall be in a clean and sanitary condition;

(c) The lighting shall be adequate;

(d) An exhaust system whereby gases would be drawn to outside air shall be the minimum standard for holding rooms in funeral establishments where embalming does not take place;

(e) Doors to the holding room shall be tight-closing and the windows maintained to obstruct any view into the holding room; and

(f) The holding room shall be a minimum of 120 square feet.

(3) Instruments and Equipment.

(a) Instruments shall be autoclaved, steamed, or cleaned with a chemical disinfectant commonly used in the industry.

(b) The preparation table shall have a nonporous surface.

(c) The removal stretcher and litter shall have a waterproof pouch.

(d) If a refrigeration unit is on the premises, it shall be clean, sanitary, and in good working condition.

(4) Water Supply.

(a) Each funeral establishment and restricted funeral establishment shall have hot and cold running water.

(b) The drain pipe for the water supply shall be at least 2 inches in diameter.

(c) Floor drainage is required in the preparation room of a funeral establishment where embalming takes place, except for an establishment that existed on or before November 26, 2001 that has not had after that date:

(i) The preparation room renovated; or

(ii) A change of ownership.

(5) Chemicals. All chemicals shall be plainly marked with appropriate warning labels.

(6) Waste.

(a) The preparation room shall be equipped with covered waste receptacles.

(b) Infectious waste shall be clearly identified and separate from other waste and put in a rigid container.

(c) Blood and waste shall be disposed of in accordance with COMAR 10.06.06.01-.08.

(d) A copy of the hazardous waste certification form provided by the licensee's hazardous waste contractor shall be provided to the Board's inspector.

(e) The removal vehicle shall contain a universal precaution kit which shall contain at least:

(i) Disposable gloves;

(ii) Antibacterial hand wipes; and

(iii) A hazardous waste container for the proper disposal of wastes.

(7) Removal Vehicle. The removal vehicle shall be suitable for the transportation of human remains obscured from public view and maintained in a sanitary manner.

(8) Funeral Service Establishment and Restricted Funeral Establishment Premises.

(a) The remaining areas of the funeral establishment and the restricted funeral establishment shall be in good repair, clean, and safe.

(b) If a funeral establishment or a restricted funeral establishment has a memorial gathering area, it shall be:

(i) In good repair;

(ii) Clean; and

(iii) At least 300 square feet in area.

(c) If a funeral establishment or a restricted funeral establishment displays any form of casket selection, the prices shall also be shown.

(d) The inspection shall assess the general cleanliness of the funeral establishment and the restricted funeral establishment and whether there are properly functioning, sanitary restrooms.

(e) The business telephone shall be in working order at a funeral establishment and a restricted funeral establishment.

(f) A sign or lettering on the windows or building indicating the name of the funeral establishment and the restricted funeral establishment shall be conspicuously displayed, and the name on the sign shall be the same name on the funeral establishment license and the restricted funeral establishment license.

(g) If one or more businesses, in addition to a funeral establishment, are operating on the same premises, a separate sign shall indicate the entrance and exit of the funeral establishment and the restricted funeral establishment.

F. After the inspection is completed, an exit interview shall be conducted to apprise the owner or supervising mortician of the findings of the inspection. A copy of the inspection report shall be left with the owner or supervising mortician who shall verify receipt of the inspection report.

Md. Code Regs. 10.29.03.05

Regulation .05 amended and recodified from .04 effective 49:7 Md. R. 466, eff. 4/4/2022