Md. Code Regs. 10.29.11.02

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

Section 10.29.11.02 - Definitions

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

B. Terms Defined.

(1) "Act" means Health Occupations Article, Title 7, Annotated Code of Maryland.

(2) "Board" means the Board of Morticians and Funeral Directors.

(3) "Cease and desist letter" means a letter commanding an individual to stop engaging in certain prohibited activities under the Act.

(4) "Committee" means the Complaint Committee of the Board, which includes at least one mortician member of the Board and at least one consumer member of the Board, and which is assisted by Board counsel provided by the Attorney General's Office and Board administrative personnel.

(5) "Complaint" means a report of a potential violation during the performance of mortuary services against an individual licensed by the Board.

(6) "Complainant" means an individual who files a complaint with the Board.

(7) "Confidential" means that neither the complaint nor resolution of it by the Board may be released to the public, including to the complainant, pursuant to General Provisions Article, § 4-333, Annotated Code of Maryland.

(8) "Consent order" means a written agreement reached by the licensee and the Board as a result of a prehearing conference which sets forth the terms and conditions regarding the licensee's ability or inability to practice and is subject to release to the public, pursuant to General Provisions Article, § 4-333, Annotated Code of Maryland.

(9) "Disposition agreement" means a confidential agreement entered into between the Board and the licensee whereby the Board agrees to resolve the matter after the filing of charges in return for the licensee's agreeing to meet certain specified terms and conditions which remain a permanent part of the licensee's record and can be used in considering sanction should further disciplinary action be required.

(10) "Educational letter" means a dismissal notice which specifically sets forth in an instructive manner the areas of the licensee's practice which require improvement and which, when applicable, includes a warning that any further complaints for the same or similar activities may result in disciplinary charges under the Act.

(11) "Informal meeting" means a voluntary meeting of the Board and the licensee, either on the licensee's own initiative or on the Board's initiative, following notice to the licensee regarding the precise purpose of the meeting in the context of an ongoing investigation or inquiry.

(12) "Jurisdiction" means within the Board's authority as set forth in the Act.

(13) "Letter of admonishment" means a letter which sets forth that the:

(a) Board has probable cause to charge the licensee with a violation of a specific provision of the Board's Act;

(b) Licensee is admonished and ordered to cease and desist from all further activities in violation of its Act; and

(c) Letter will become part of the licensee's permanent record with the Board but will be treated as part of the confidential record maintained by the Board on the licensee and can be considered in determining sanctions for any subsequent violation of the Act.

(14) "Letter of dismissal" means a letter from the Board advising the licensee that:

(a) The investigation into the allegations raised has been closed;

(b) Violations were not found; and

(c) The information obtained during the course of the investigation will be treated as a confidential record of the licensee maintained by the Board.

(15) "Letter of surrender" means an agreement between the Board and licensee whereby the Board specifies the terms for the complete and unequivocal surrender of the licensee's license and right to practice mortuary science.

(16) "Licensee" means an individual licensed by the Board of Morticians and Funeral Directors against whom a complaint has been filed.

(17) "Mortuary services" means any service provided to a decedent or their family that requires any license issued by the Board.

Md. Code Regs. 10.29.11.02

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 43:13 Md. R. 713, eff. 7/4/2016