§ 7-102. Scope of title

   (a) In general. -- This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(b) Operation of a cemetery or crematory. --

   (1) In this subsection, "registrant or permit holder" means a person regulated under Title 5 of the Business Regulation Article as a registered cemeterian, registered seller, or holder of a permit to operate a cemetery or burial goods business.

   (2) This title does not apply to:

      (i) The business of operating a cemetery, including the sale of cemetery lots, grave sites, mausoleums, monuments, lawn crypts, or vaults;

      (ii) The ownership of a crematory or the business of operating a crematory in which:

         1. A registrant or permit holder owns a greater percentage of the crematory than a person licensed under this title;

         2. Ownership is equal between a registrant or permit holder and a person licensed under this title; or

         3. Neither a registrant, permit holder, or person licensed under this title has an ownership interest in the crematory; or

      (iii) The ownership of a crematory or the business of operating a crematory or incinerator at a licensed medical facility or educational institution.

HISTORY: An. Code 1957, art. 43, § 359; 1981, ch. 8, § 2; ch. 9, § 2; 1990, ch. 6, § 11; 2010, ch. 450.