Md. Code Regs. 10.29.21.06

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

Section 10.29.21.06 - Prohibited Acts

A. A permit holder or transporter shall:

(1) At all times treat the human remains being transported with the utmost dignity; and

(2) Comply with the requirements of Health-General Article, §5-513, Annotated Code of Maryland, except with regard to inspection of an out-of-State facility.

B. A permit holder may not:

(1) Violate any federal, State, or local law or regulation or order a transporter to violate any federal, State, or local law or regulation;

(2) Employ a transporter who does not hold a registration issued by the Board;

(3) In signage or advertisement, use a name for the mortuary transport service that is different from the name of the mortuary transport service as it appears on the permit issued by the Board;

(4) Operate the mortuary transport service in a manner that does not respect:

(a) The dignity of the decedent; and

(b) The public health;

(5) Prevent or in any way inhibit the Board's designated inspector from investigating a complaint or from inspecting a removal vehicle;

(6) Unless appropriately licensed, represent themselves as a mortician or funeral director;

(7) Make arrangements for burial or cremation of human remains;

(8) Fail to notify the Board within 30 days of:

(a) A change in address of the mortuary transport service;

(b) A change in address of a registered transporter; or

(c) A commencement of employment or a separation of employment with a registered transporter;

(9) Dress or behave in an unprofessional manner while performing their official duties;

(10) Advertise or solicit business directly to the family of a dying person or recently deceased person; or

(11) Offer goods or services other than the service a permit authorizes the permit holder to provide.

C. A registered transporter may not:

(1) Transport human remains without the required documented authorization;

(2) Unless appropriately credentialed, represent themselves as a:

(a) Permit holder;

(b) Mortician; or

(c) Funeral director;

(3) Allow an individual who is not an employee of the employing mortuary transport service or of the funeral establishment engaging the services of the mortuary transport service to accompany the registered transporter while in the performance of the registered transporter's official duties;

(4) Make arrangements for burial or cremation of the human remains unless appropriately licensed or certified by the Board or the Office;

(5) Unless removing and transporting more than one human remains from different locations, fail to transport the human remains directly to the location agreed upon by the individual with the right to final disposition of the human remains or to the location requested by the mortician or funeral director;

(6) Fail to notify the Board of a change of the registered transporter's address within 30 days;

(7) Fail to display prominently on their person, in accordance with Regulation .04E of this chapter, the permit number of the mortuary transport service for which the registered transporter is employed;

(8) Dress or behave in an unprofessional manner while performing their official duties.

(9) Display in any removal vehicle any marking, sticker, or other indication of passage of a Board inspection other than the sticker issued by the Board;

(10) Advertise or solicit business directly to the family of a dying person or recently deceased person;

(11) Offer goods or services other than the service a permit authorizes the permit holder to provide;

(12) Sign a death certificate;

(13) Upon arrival at a location for the purpose of removing and transporting human remains, fail to:

(a) Verbally identify themselves as a registered transporter; and

(b) Identify the entity for whom they are removing and transporting human remains;

(14) Perform their official duties in an unsanitary manner or in a manner that does not observe the Centers for Disease Control's Guidelines on Universal Precautions; or

(15) Eat, drink, or smoke in the removal vehicle while in the performance of their official duties.

Md. Code Regs. 10.29.21.06

Regulation .06 amended effective 41:3 Md. R. 202, eff.2/17/2014