§ 7-101. Definitions

   (a) In general. -- In this title the following words have the meanings indicated.

(b) Apprentice. -- "Apprentice" means an individual licensed by the Board who assists a licensed mortician or funeral director in the practice of mortuary science or funeral direction, under direct supervision of a licensed mortician or funeral director.

(c) Apprentice sponsor. -- "Apprentice sponsor" means an individual who:

   (1) Is a licensed mortician or funeral director whose license is in good standing with the Board;

   (2) Has practiced mortuary science as a licensed mortician or funeral director in Maryland at least 1 year immediately prior to accepting the applicant as an apprentice; and

   (3) Provides direct supervision to an apprentice.

(d) Board. -- "Board" means the Maryland State Board of Morticians and Funeral Directors.

(e) Business of operating a crematory. --

   (1) "Business of operating a crematory" means controlling or managing a crematory.

   (2) "Business of operating a crematory" does not include:

      (i) The practice of funeral direction or the practice of mortuary science; or

      (ii) 1. Assistance in making decisions and filling out forms that are not directly related to cremation;

         2. Obtaining vital statistics, signatures, and other information necessary to complete a death certificate;

         3. Transportation of a body to the place of disposition; or

         4. Any other services regarding the disposition of a body that are not directly related to cremation.

(f) Corporation. --

   (1) "Corporation" means a mortuary science business whose articles of incorporation are in good standing with the Maryland State Department of Assessments and Taxation, or its successor, the initial business for which the license is issued must have been incorporated on or before June 1, 1945 and have "Incorporated", "Inc.", or "Corporation" in its name.

   (2) "Corporation" does not include, for purposes of issuing a corporation license, a "professional association" (P.A.) or a "professional corporation" (P.C.).

(g) Courtesy card. -- "Courtesy card" means a license issued by the Board to licensed practitioners of mortuary science in other states, to make a removal of a dead human body in this State and to return the body to another state or country, to return dead bodies from another state or country to this State, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science.

(h) Cremation. -- "Cremation" means the process of reducing human remains to bone fragments through intense heat and evaporation, including any mechanical or thermal process.

(i) Crematory. -- "Crematory" means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation.

(j) Funeral director. -- "Funeral director" means an individual who is licensed by the Board to practice all aspects of mortuary science except for embalming.

(k) Funeral establishment. -- "Funeral establishment" means any building, structure, or premises from which the business of practicing mortuary science is conducted.

(l) Human remains. --

   (1) "Human remains" means:

      (i) The body of a deceased person; or

      (ii) A part of a body or limb that has been removed from a living person.

   (2) "Human remains" includes the body or part of a body or limb in any state of decomposition.

(m) License. --

   (1) "License" means, unless the context requires otherwise, a license issued by the Board.

   (2) "License" includes, unless otherwise indicated:

      (i) A mortician license;

      (ii) An apprentice license;

      (iii) A funeral director license;

      (iv) A surviving spouse license;

      (v) A corporation license;

      (vi) A funeral establishment license; and

      (vii) A courtesy card.

(n) Licensed apprentice. -- "Licensed apprentice" means, unless the context requires otherwise, an apprentice who is licensed by the Board to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction.

(o) Licensed funeral director. -- "Licensed funeral director" means, unless the context requires otherwise, a funeral director who is licensed by the Board to practice funeral direction.

(p) Licensed funeral establishment. -- "Licensed funeral establishment" means, unless the context requires otherwise, a funeral establishment that is licensed by the Board.

(q) Licensed mortician. -- "Licensed mortician" means, unless the context requires otherwise, a mortician who is licensed by the Board under this title to practice mortuary science.

(r) Licensee. -- "Licensee" means an individual or entity licensed by the Board to practice mortuary science to the extent determined by the Board.

(s) Mortician. -- "Mortician" means an individual who practices mortuary science.

(t) Practice funeral direction. --

   (1) "Practice funeral direction" means:

      (i) To operate a funeral establishment;

      (ii) For compensation, to prepare a dead human body for disposition; or

      (iii) For compensation, to arrange for or make final disposition of a dead human body.

   (2) "Practice funeral direction" does not include:

      (i) For compensation, disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection or any other type of preservation; or

      (ii) The business of operating a crematory.

(u) Practice mortuary science. --

   (1) "Practice mortuary science" means:

      (i) To operate a funeral establishment;

      (ii) For compensation, to prepare a dead human body for disposition; or

      (iii) For compensation, to arrange for or make final disposition of a dead human body.

   (2) "Practice mortuary science" includes:

      (i) The practice of funeral direction; and

      (ii) Disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection.

(3) "Practice mortuary science" does not include:

   (i) The pickup, removal, or transportation of a dead human body, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director; or

   (ii) The business of operating a crematory.

(v) Pre-need contract. -- "Pre-need contract" means an agreement between a consumer and a licensed funeral director, licensed mortician, or surviving spouse to provide any goods and services purchased prior to the time of death. Goods and services shall include:

   (1) A service, including any form of preservation and disposition or cremation, that a mortician normally provides in the ordinary course of business; or

   (2) Merchandise, including a casket, vault, or clothing, that a mortician normally provides in the ordinary course of business.

(w) Surviving spouse. -- "Surviving spouse" means the legal widow or widower of a licensed funeral director or licensed mortician, whose license was in good standing at the time of death, and who at the time of death, wholly or partly owned and operated a mortuary science business.

HISTORY: An. Code 1957, art. 43, § 357, 361, 362, 366A; 1981, ch. 8, § 2; 1986, ch. 728; 1990, ch. 6, § 11; 1992, ch. 155; 1993, ch. 5, § 1; 1996, ch. 145, § 1, 2; 2007, ch. 5, § 7; chs. 185, 186; 2008, ch. 36; 2010, ch. 450; 2012, chs. 500, 501; ch. 614, § 2; ch. 615, § 2; 2013, ch. 376.