Md. Code Regs. 10.29.20.02

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

Section 10.29.20.02 - General Professional Practices

A. A permit holder or registered crematory operator shall:

(1) Act in a manner that respects and protects the dignity of a decedent and the decedent's family;

(2) Conduct business in a reasonable, usual, and customary manner avoiding unfair trade practices;

(3) Comply with the State public health laws as set forth in Health-General Article, §§4-215 and 5-501, Annotated Code of Maryland;

(4) Comply with the Maryland Morticians and Funeral Directors Act, Health Occupations Article, Title 7, Annotated Code of Maryland;

(5) Implement and follow through on all arrangements agreed on between consumer and the crematory;

(6) Provide appropriate services for and respect the rights of individuals without regard to age, race, creed, national origin, gender, disability, marital status, political belief, religious affiliation, social or economic status, or social preferences;

(7) Comply with all local, State, and federal laws regarding the final disposition of human remains;

(8) Be sensitive and responsive to the bereavement needs of a decedent's family; and

(9) Provide a general price list in effect at that time in accordance with the Federal Trade Commission's funeral rule, 16 CFR part 453.

B. In advertising, a licensee may not include statements:

(1) That are misrepresentations of facts;

(2) That are likely to mislead or deceive because, in context, the statement makes only a partial disclosure of relevant facts;

(3) Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to a consumer; or

(4) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be deceived.

C. A permit holder or crematory operator may not:

(1) Use, or participate in the use of, any form of communication to consumers containing a false, fraudulent, misleading, deceptive, or unfair statement or claim; or

(2) Operate a crematory or perform a cremation while under the influence of alcohol, an illegal drug, or a controlled dangerous substance, without the prescription of a physician.

Md. Code Regs. 10.29.20.02

Regulation .02 amended effective 41:7 Md. R. 421, eff.4/14/2014