MD Funeral Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Board of Morticians and Funeral Directors

Maryland's regulatory board within the health department that licenses funeral directors, embalmers, apprentices, and establishments, and that investigates complaints and imposes discipline under the practice act and COMAR regulations.

Grounds for Board discipline

Statutory bases for sanctioning a licensee, including fraud, deceit, incompetence, gross or repeated negligence, unlicensed practice, violation of the practice act or regulations, and impairment affecting practice.

Continuing education requirement

Hours of approved continuing education a Maryland licensee must complete each renewal period, including required ethics content, verified by the licensee and subject to audit by the Board.

Lapsed license practice

Practicing funeral directing or embalming after a license has expired or been suspended. It is unlicensed practice and supports discipline independently of the underlying conduct.

Apprentice supervision

Registered apprentices may perform licensed functions only while a licensed funeral director or embalmer is physically present or immediately available and retains professional responsibility for the work.

Scope of funeral director license

Authorizes arranging, directing, and supervising funerals and disposition. Embalming requires a separate embalmer license or a combined credential under Maryland law.

Licensure by endorsement

Pathway for a licensee from another jurisdiction who meets Maryland standards, including examination and character review; the Board retains discretion to grant or deny the credential.

Director in charge

The licensed funeral director responsible for the day-to-day operation and regulatory compliance of a licensed funeral establishment; changes must be reported to the Board.

Preparation room separation

Requirement that embalming and preparation areas be physically separated from public areas, food preparation, and living quarters, with cleanable surfaces, hot and cold water, and ventilation.

Infectious waste handling

Blood-soaked materials, sharps, and specified anatomical waste must be segregated, labeled, stored securely, and removed by an approved waste handler under the establishment's plan.

Holding capacity requirement

An establishment must have approved refrigeration or holding capacity for remains awaiting disposition, and may not exceed regulatory time limits without required embalming or refrigeration.

Preneed contract funding

Money paid before death must be deposited into a trust or used to purchase insurance as the law permits, with the seller accounting for principal and earnings.

Preneed cancellation and refund

Statutory rules governing what the buyer receives on cancellation, varying with trust versus insurance funding and with whether cancellation occurs before or after the death.

Preneed trust commingling

Mixing client preneed funds with the funeral home's operating money. It is a fiduciary breach supporting Board discipline, license action, and criminal referral.

Preneed transfer rights

A buyer may generally assign the contract to another funeral establishment, and the seller must follow statutory transfer procedures and account for the funds.

Right of disposition priority

Maryland's statutory order identifying who controls disposition, generally beginning with a surviving spouse or domestic partner and descending through close relatives.

Cremation authorization

A written authorization signed by the legally entitled person, identifying the decedent and the disposition of cremated remains, required before a crematory may proceed.

Implanted device removal

Pacemakers and other devices that could explode or release hazardous material must be removed before cremation, and the cremation authorization should address their presence.

Disinterment permit

Authorization required before removing remains from a grave, obtained from the proper authority with consent of the legally entitled person or a court order.

Death certificate filing duty

The funeral director or person in charge of disposition files the certificate with vital records within the statutory time, completing personal data while the medical certifier completes cause of death.

Medical examiner referral

Deaths that are unattended, violent, suspicious, or otherwise within medical examiner jurisdiction must be reported before the death certificate is completed.

Burial-transit permit

A disposition permit issued before burial or cremation that must accompany remains moved between jurisdictions, confirming legal authority for final disposition.

Cause-of-death certification

The medical certifier's completion of cause and manner of death on the certificate; a funeral director may not supply or alter medical opinions.

Embalming authorization

Documented permission to embalm. Embalming against a known religious or personal objection, or without any authorization, is prohibited and subject to discipline.

Universal precautions

Use of gloves, gown, eye protection, and respiratory protection for all remains, because infection risk cannot be excluded by appearance or known history.

Communicable disease handling

Enhanced precautions for remains known or suspected to carry a communicable disease, following current public health guidance for the specific agent during preparation and transport.

Transport vehicle standards

Enclosed, cleanable vehicles with secured stretchers; remains are covered and moved with dignity and confidentiality, and carrier rules apply to common-carrier shipment.

Hearing and appeal rights

A licensee facing discipline receives notice of charges and an opportunity for an administrative hearing, with appeal of the final decision to the circuit court.

Summary suspension

Emergency Board action suspending a license when continued practice poses an immediate risk to the public, followed promptly by a hearing.

Discipline reporting duty

A licensee must self-report criminal convictions and disciplinary actions taken in other jurisdictions; public actions are reported and may affect licensure elsewhere.

Fiduciary segregation of funds

Client money, including preneed and advance payments, must be held separately and accounted for, never commingled with the funeral home's operating funds.

Informed consent in arrangements

Explaining prices, options, and alternatives, including lower-cost choices such as direct cremation, so the family decides without steering or pressure.