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MD Funeral Juris practice questions

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Question 1Maryland funeral service law and Board regulations

Under Maryland law, which entity is responsible for licensing funeral directors and regulating the practice of funeral service in the State?

  1. The Maryland State Board of Morticians and Funeral Directors Correct answer.
  2. The Maryland Department of Health, Office of Vital Records
  3. The Maryland Insurance Administration
  4. The Office of the Chief Medical Examiner

Explanation

The State Board of Morticians and Funeral Directors is the regulatory body that licenses funeral directors, morticians, and funeral establishments and enforces the practice standards in the Maryland funeral service statute. Vital records handles death certificates, the medical examiner investigates deaths, and the Insurance Administration regulates insurance products, none of which license practitioners.

Question 2Maryland funeral service law and Board regulations

A Maryland funeral director is licensed and in good standing. Which continuing education requirement must the licensee satisfy to renew an active license?

  1. Completion of Board-approved continuing education hours each renewal cycle, as set by regulation Correct answer.
  2. Only CPR certification from a nationally recognized provider
  3. No continuing education, because Maryland licenses for life once issued
  4. Completion of a full mortuary science degree each renewal cycle

Explanation

Maryland requires licensees to complete Board-approved continuing education during each renewal period to maintain an active license. The Board sets the number of hours and acceptable subject matter by regulation, and licensees must document compliance. A degree is a one-time entry requirement, and CPR alone does not satisfy the CE standard.

Question 3Maryland funeral service law and Board regulations

In Maryland, who has the statutory right to control the disposition of a decedent's body when the decedent left no written instructions and no surviving spouse?

  1. The funeral director, exercising professional judgment
  2. The county health officer where the death occurred
  3. The person designated in a prioritized list set by statute, beginning with the decedent's adult children Correct answer.
  4. Any blood relative who arrives first at the funeral home

Explanation

Maryland uses a statutory priority list to determine who controls final disposition when the decedent did not leave written directions. After a surviving spouse, the right generally passes to adult children and then to other listed relatives in the order the statute specifies. Neither arrival order nor funeral director preference creates authority.

Question 4Maryland funeral service law and Board regulations

A Maryland funeral establishment advertises its services. Which statement about advertising rules is accurate?

  1. Advertisements must not be false, misleading, or deceptive, and price representations must be accurate Correct answer.
  2. Advertisements may omit the name of the licensed funeral director in charge
  3. Advertisements may state prices only if they are guaranteed for at least one year
  4. Only newspaper advertisements are regulated; online advertising is exempt

Explanation

Maryland prohibits false, misleading, or deceptive advertising by funeral establishments and requires advertised prices and services to be accurate. The Board may discipline a licensee for deceptive marketing regardless of the medium used. Advertised prices must match what the establishment actually charges.

Question 5Maryland funeral service law and Board regulations

A family asks a Maryland funeral director to embalm a body for a public viewing. Which statement best reflects the licensing rule for embalming?

  1. Any employee of the funeral establishment may embalm under general supervision
  2. Embalming requires only a certificate from a national embalming association
  3. An out-of-state licensee may embalm without Maryland licensure if the family consents
  4. Embalming may be performed only by a licensed mortician or a licensed funeral director authorized to embalm, or a registered apprentice under direct supervision Correct answer.

Explanation

Maryland limits embalming to licensed morticians and licensed funeral directors who are authorized to perform it, with apprentices permitted only under the required direct supervision. Holding a national certificate or out-of-state credential does not substitute for Maryland licensure. Consent of the family does not create authority to practice without a license.

Question 6Maryland funeral service law and Board regulations

A Maryland licensee is convicted of a crime involving fraud. What is the Board's authority regarding the license?

  1. The Board may act only if the crime occurred at the funeral home
  2. The Board has no authority because criminal matters are handled only by courts
  3. The license is automatically void with no further process
  4. The Board may suspend or revoke the license or impose other discipline after notice and hearing Correct answer.

Explanation

Conviction of a crime involving fraud or moral turpitude is grounds for disciplinary action, and the Board may suspend, revoke, or otherwise sanction the license following notice and an opportunity for a hearing. The location of the offense is not controlling; the conduct bears on fitness to practice. The Board's authority is independent of the criminal court's disposition.

Question 7Maryland funeral service law and Board regulations

Before performing a funeral service, a Maryland funeral director must ensure which document is completed and filed for the decedent?

  1. A completed death certificate filed with the local registrar, with the medical certification obtained as required Correct answer.
  2. A notarized family consent form filed with the Board
  3. A copy of the decedent's will filed with the Register of Wills
  4. A burial permit issued by the Maryland Insurance Administration

Explanation

Maryland requires a death certificate to be completed and filed with the local registrar before final disposition, with medical certification obtained from the appropriate practitioner or medical examiner. The funeral director is typically responsible for completing the personal data and filing. Wills are probate matters, and insurance regulators do not issue burial permits.

Question 8Maryland funeral service law and Board regulations

A body must be transported out of Maryland to another state for burial. Which requirement applies to the Maryland funeral director arranging the shipment?

  1. Only a verbal authorization from the family is required
  2. The director must notify the Board at least 30 days in advance
  3. No documentation is needed for interstate transport
  4. The director must obtain the required transit or removal permit and comply with the receiving state's requirements Correct answer.

Explanation

Interstate transport of human remains requires appropriate transit or removal permits from the jurisdiction of origin, and the receiving state's requirements must also be met. The Maryland funeral director arranging shipment is responsible for ensuring documentation accompanies the remains. Family consent alone does not satisfy permit requirements.

Question 9Maryland funeral service law and Board regulations

A Maryland funeral establishment's general price list must be provided to consumers under which circumstance?

  1. Only if the consumer requests it in writing
  2. Only when the consumer signs a contract
  3. When the consumer inquires about arrangements or prices, before selection of services Correct answer.
  4. Only after the funeral has been completed

Explanation

Maryland consumer protection rules for funeral providers require that the general price list be offered when a consumer inquires about arrangements or prices, allowing informed comparison before selections are made. The list must be provided before the consumer commits to services. A written request or signed contract is not a precondition.

Question 10Maryland funeral service law and Board regulations

Which action by a Maryland funeral director would most likely constitute unprofessional conduct subject to Board discipline?

  1. Refusing to embalm when refrigeration is available and the family declines embalming
  2. Declining to serve a family because the director is at capacity
  3. Misrepresenting the necessity of a sealed casket to increase the sale Correct answer.
  4. Referring a family to a grief counselor

Explanation

Misrepresenting that a particular casket or service is legally required when it is not is deceptive conduct and a basis for Board discipline. Maryland prohibits false statements that induce a consumer to purchase unnecessary goods or services. Declining a case for legitimate capacity reasons and offering referrals are not themselves violations.

Question 11Maryland funeral service law and Board regulations

A Maryland funeral director learns that a decedent's death appears to be the result of violence. What is the director's obligation?

  1. Report the matter only if the family consents
  2. Proceed with embalming and burial without notifying anyone
  3. Wait 72 hours before taking any action
  4. Report the matter to the Office of the Chief Medical Examiner as required by law Correct answer.

Explanation

Deaths that appear to result from violence, suicide, or other reportable circumstances must be reported to the Office of the Chief Medical Examiner, which has jurisdiction to investigate. The funeral director should not proceed in a way that destroys evidence. Family consent is not a condition of the reporting duty.

Question 12Maryland funeral service law and Board regulations

Which statement correctly describes the Maryland preneed funeral contract requirement for funds received from consumers?

  1. Funds may be commingled with the establishment's general operating account
  2. Funds may be kept as cash in the establishment's safe
  3. Funds need not be accounted for until the funeral is performed
  4. Funds must be placed in trust or handled through an authorized funding mechanism as required by law Correct answer.

Explanation

Maryland regulates preneed funeral contracts to protect consumer funds, requiring that payments be held in trust or through an authorized funding arrangement and accounted for properly. Commingling preneed funds with operating money is prohibited. Records must allow the consumer or regulator to trace the funds.

Question 13Maryland funeral service law and Board regulations

A Maryland funeral director is asked to release a decedent's remains to a person who claims to be a cousin. How should the director proceed?

  1. Release the remains to anyone who signs a receipt
  2. Verify the person's legal authority under the statutory priority list before releasing the remains Correct answer.
  3. Ask the medical examiner to decide who receives the remains
  4. Release the remains only to the person who pays the bill

Explanation

The funeral director must confirm that the person claiming authority is entitled to control disposition under Maryland's statutory priority list or a valid written designation. Releasing remains to someone without verified authority can expose the establishment to liability. Payment of the bill does not confer the right of disposition.

Question 14Maryland funeral service law and Board regulations

What is the minimum educational credential generally required for initial licensure as a funeral director in Maryland?

  1. A master's degree in business administration
  2. An associate degree or equivalent in mortuary science from an accredited program, as required by regulation Correct answer.
  3. A high school diploma only
  4. A bachelor's degree in any field

Explanation

Maryland requires completion of an accredited mortuary science program, typically an associate-level degree, along with other requirements such as apprenticeship and examination. A high school diploma alone is insufficient, and the degree need not be a bachelor's or master's in an unrelated field. The Board verifies education as part of licensure.

Question 15Maryland funeral service law and Board regulations

A Maryland funeral establishment changes its name and address. What must the licensee do?

  1. Notify only the local chamber of commerce
  2. Wait until the next renewal to report the change
  3. Nothing, because the license follows the individual director
  4. Notify the Board and obtain an amended establishment license reflecting the change Correct answer.

Explanation

Establishment licenses identify the location and name of the funeral establishment, so material changes must be reported to the Board and the license amended. Operating under an unreported name or location can constitute unlicensed operation at that site. The change is not deferred to renewal.

Question 16Maryland funeral service law and Board regulations

Which practice is consistent with Maryland requirements for handling unclaimed or abandoned human remains in a funeral establishment's custody?

  1. Disposing of the remains without documentation after 30 days
  2. Storing the remains indefinitely without notifying anyone
  3. Following statutory procedures for notice, documentation, and authorized disposition Correct answer.
  4. Transferring the remains to another funeral home without records

Explanation

Maryland provides procedures for unclaimed remains, including required notice and documentation before an authorized disposition is carried out. A funeral establishment cannot simply discard remains or transfer them without records. Following the statutory process protects both the decedent's dignity and the licensee.

Question 17Maryland funeral service law and Board regulations

A Maryland funeral director may disclose a decedent's personal information to third parties in which situation?

  1. Whenever a vendor requests it for marketing
  2. Never, under any circumstance
  3. Only after the funeral service is completed
  4. When required by law or authorized by the person with the right of disposition for legitimate arrangement purposes Correct answer.

Explanation

Funeral directors handle sensitive personal information and may disclose it when legally required or as necessary to carry out arrangements with the authorization of the person entitled to control disposition. Disclosing information for unrelated marketing is improper. The duty is not absolute, since legitimate arrangement needs require some sharing.

Question 18Maryland funeral service law and Board regulations

Which body governs appeals from a final disciplinary decision of the Maryland State Board of Morticians and Funeral Directors?

  1. The local health department
  2. The circuit court, under the State's administrative appeal procedures Correct answer.
  3. The Office of the Attorney General
  4. The Board itself, sitting en banc

Explanation

A licensee aggrieved by a final Board decision may seek judicial review in the circuit court under Maryland's administrative procedure provisions. The Board does not review its own final decisions en banc, and the Attorney General advises the Board rather than hearing appeals. The health department is not the appellate forum.

Question 19Maryland funeral service law and Board regulations

A Maryland funeral director signs a death certificate's personal data section. What is the director's responsibility regarding the medical certification portion?

  1. The director may leave the cause of death blank permanently
  2. The director may complete the cause of death based on family statements
  3. The director must obtain medical certification from the attending physician, medical examiner, or other authorized certifier Correct answer.
  4. The director may copy the cause of death from another decedent's certificate

Explanation

The funeral director completes the personal data but the medical certification, including cause and manner of death, must come from an authorized certifier such as the attending physician or the medical examiner. A funeral director may not supply a cause of death from family reports or another record. Filing proceeds once medical certification is obtained.

Question 20Maryland funeral service law and Board regulations

Which requirement applies to a Maryland funeral establishment regarding display of its license?

  1. The license must be displayed only at the residence of the director
  2. The license must be conspicuously displayed at the establishment Correct answer.
  3. The license must be kept in a locked file and shown only on request
  4. The license must be published in a local newspaper annually

Explanation

Maryland requires the funeral establishment license to be conspicuously displayed at the licensed premises so the public can confirm the establishment is licensed. Keeping it hidden defeats that purpose. Newspaper publication and display at a director's residence are not the required practice.

Question 21Maryland funeral service law and Board regulations

A Maryland apprentice embalmer performs a procedure while the supervising licensee is away for the day. Which statement is correct?

  1. This violates the supervision requirement, because apprentices must be directly supervised Correct answer.
  2. This is acceptable because the apprentice is enrolled in a program
  3. This is acceptable if the apprentice documents the procedure
  4. This is acceptable if the family is informed afterward

Explanation

Apprentices in Maryland must practice under the direct supervision of a licensed practitioner, meaning the supervisor is present and available to oversee the work. Performing embalming without that supervision exceeds the apprentice's authority. Enrollment, later notice, or documentation does not cure the supervision violation.

Question 22Maryland funeral service law and Board regulations

Which factor most directly determines whether a Maryland funeral establishment must be licensed as such?

  1. Whether it employs more than five people
  2. Whether it maintains a physical location where funeral services or arrangements are offered to the public Correct answer.
  3. Whether it advertises in print media
  4. Whether it sells caskets online only

Explanation

An establishment license is required for a place of business where funeral services, arrangements, or related services are offered to the public in Maryland. Staffing levels and advertising medium are not the test. A purely online seller that does not offer funeral services at a physical location may fall outside establishment licensure, but a location offering arrangements must be licensed.

Question 23Maryland funeral service law and Board regulations

A Maryland funeral director is asked to falsify a death certificate to show an earlier date of death. What is the appropriate response?

  1. Comply if the family explains a financial reason
  2. Refuse, because falsifying a death certificate is unlawful and grounds for discipline Correct answer.
  3. Refer the family to the medical examiner to make the change
  4. Comply but note the discrepancy in the file

Explanation

Falsifying a death certificate is unlawful and constitutes unprofessional conduct subject to Board discipline, regardless of the family's stated motive. The funeral director must record accurate information and decline improper requests. A discrepancy should be resolved through proper channels, not by altering the record.

Question 24Maryland funeral service law and Board regulations

Which statement about a Maryland funeral director's handling of a decedent's clothing and personal effects is most accurate?

  1. The director may keep items of value as compensation for unpaid bills
  2. The director should inventory and safeguard personal effects and account for them to the authorized person Correct answer.
  3. The director may discard personal effects without notice
  4. The director may distribute personal effects to any relative who asks

Explanation

Funeral directors should inventory and safeguard a decedent's personal effects and release them to the person with authority to receive them, maintaining records of the transfer. Retaining valuables for unpaid bills or distributing them to any requesting relative risks liability. Discarding effects without notice is improper.

Question 25Maryland funeral service law and Board regulations

A Maryland funeral establishment wishes to operate a crematory. Which statement reflects the regulatory framework?

  1. Cremation may proceed without identifying the remains
  2. No license or registration is required to operate a crematory
  3. Cremated remains may be commingled with others without consent
  4. The crematory must comply with applicable state registration or licensure and cremation procedure requirements Correct answer.

Explanation

Operating a crematory in Maryland requires compliance with the applicable registration or licensure and cremation procedures, including identification of the remains and proper handling. Cremation without identification and unauthorized commingling of remains are prohibited practices. The establishment cannot operate a crematory without meeting those requirements.

Question 26Maryland funeral service law and Board regulations

Under Maryland law, the State Board of Morticians and Funeral Directors derives its licensing and disciplinary authority from which source?

  1. The Tax-General Article
  2. The Courts and Judicial Proceedings Article
  3. The Health-General Article of the Annotated Code of Maryland
  4. The Business Occupations and Professions Article, Title 7 Correct answer.

Explanation

Funeral directing, embalming, and the operations of the State Board of Morticians and Funeral Directors are governed by Title 7 of the Business Occupations and Professions Article, together with the Board's regulations in COMAR Title 10. The Health-General Article addresses public health matters such as vital records, not the licensure framework for morticians.

Question 27Maryland funeral service law and Board regulations

A Maryland funeral director wishes to renew a license that has been expired for five years without practicing. Which statement best describes the likely pathway?

  1. The license renews automatically upon payment of all accumulated back fees
  2. The licensee must apply for reinstatement and satisfy any conditions the Board imposes, which may include reexamination Correct answer.
  3. The license is permanently void and cannot be restored under any circumstance
  4. The licensee may resume practice immediately and notify the Board within 30 days

Explanation

Maryland law allows the Board to reinstate an expired license on application, but the Board may impose conditions such as continuing education, a reinstatement fee, or reexamination to ensure current competence. A lapsed license does not revive automatically, and practice before reinstatement exposes the person to unlicensed-practice penalties.

Question 28Maryland funeral service law and Board regulations

A Maryland funeral establishment's license is held by a corporation. Which individual must the establishment identify as responsible for the establishment's compliance with Board requirements?

  1. The corporation's outside accountant
  2. The landlord of the funeral establishment premises
  3. The resident licensed funeral director designated as the manager of record Correct answer.
  4. The largest shareholder regardless of licensure

Explanation

A licensed funeral establishment must have a licensed funeral director designated as the manager of record who is responsible for the day-to-day compliance of the establishment. Ownership by a corporation does not shift responsibility to unlicensed officers, shareholders, or landlords.

Question 29Maryland funeral service law and Board regulations

A Maryland licensee moves the funeral establishment to a new address in the same county. Which action is required?

  1. The licensee must notify the Board and obtain approval or an amended license reflecting the new location Correct answer.
  2. No action is required because the county has not changed
  3. The licensee must apply for an entirely new establishment license and surrender the old one before moving
  4. The licensee must notify only the local zoning office

Explanation

A funeral establishment license is issued for a specific location, so a change of address requires Board notification and an amended license or approval of the new premises. The Board must be able to inspect and confirm that the new location meets establishment standards.

Question 30Maryland funeral service law and Board regulations

Which conduct by a Maryland funeral director most clearly falls within the Board's definition of unprofessional or unethical practice?

  1. Referring a family to a grief counselor at no charge
  2. Guaranteeing a specific outcome of embalming to induce a family to purchase services Correct answer.
  3. Declining a family because the director is at capacity that week
  4. Charging a fee that the family agreed to in a signed contract

Explanation

Making false or misleading promises to induce a consumer to purchase funeral services is deceptive conduct subject to Board discipline. Declining business, honoring agreed contract terms, and offering free referrals are not themselves unethical practices.

Question 31Maryland funeral service law and Board regulations

A Maryland funeral director is asked to embalm a body when the family has not authorized embalming and no law requires it. What is the appropriate response?

  1. Embalm because embalming is always required before viewing
  2. Obtain the legally required authorization before performing embalming Correct answer.
  3. Embalm and bill the family afterward without prior consent
  4. Refuse all future arrangements with the family

Explanation

Embalming generally requires authorization from the person with the legal right to control disposition, and Maryland rules do not permit embalming without that consent unless a legal requirement applies. The director should secure written authorization before proceeding.

Question 32Maryland funeral service law and Board regulations

A Maryland funeral director is uncertain which of two surviving relatives holds the legal right to control the disposition of a decedent's remains. What is the best course of action?

  1. Ask the funeral home's insurer to decide
  2. Release the remains to whichever relative arrives first
  3. Follow the statutory priority order for the right of disposition and document the determination Correct answer.
  4. Hold the remains indefinitely until all relatives agree

Explanation

Maryland law establishes a priority order among persons entitled to control disposition, and the director should apply that order and document the basis for the decision. Releasing remains based on arrival order or refusing to act can expose the licensee to liability.

Question 33Maryland funeral service law and Board regulations

A Maryland funeral director is completing the medical certification portion of a death certificate. Which statement is correct?

  1. The funeral director may leave the cause of death blank and file the certificate
  2. Only the physician, medical examiner, or other authorized certifier may complete the cause-of-death section Correct answer.
  3. The funeral director may complete the cause-of-death section if the physician is unavailable
  4. The mortician may select a probable cause of death from a standard list

Explanation

The cause-of-death and medical certification sections must be completed by the attending physician, medical examiner, or other authorized certifier, not by funeral service personnel. The funeral director is responsible for the personal-data portion and for filing the completed certificate.

Question 34Maryland funeral service law and Board regulations

A Maryland funeral director discovers that a death certificate already filed contains an error in the decedent's date of birth. What is the proper procedure?

  1. File an amendment or correction with the vital records authority using the prescribed process Correct answer.
  2. Alter the original certificate in the funeral home's records and take no further action
  3. Prepare a new death certificate with a different certificate number
  4. Inform the family that nothing can be done once the certificate is filed

Explanation

Errors on a filed death certificate are corrected through the vital records amendment process rather than by altering records or creating a duplicate certificate. The funeral director should assist the family and informant in submitting the correction.

Question 35Maryland funeral service law and Board regulations

Which statement accurately describes the continuing education obligation for a licensed Maryland funeral director during a renewal cycle?

  1. The licensee must complete the continuing education hours required by Board regulation to renew Correct answer.
  2. Continuing education is required only for embalmers, not funeral directors
  3. Continuing education is waived for anyone licensed more than 20 years
  4. No continuing education is required after initial licensure

Explanation

Maryland requires licensees to complete continuing education as a condition of renewal, in the amount and subject areas set by Board regulation. The requirement applies across license types and is not waived based on years of experience.

Question 36Maryland funeral service law and Board regulations

A Maryland funeral director is preparing to cremate remains. Which safeguard is most consistent with Maryland requirements?

  1. Confirming the cremation authorization and verifying that no known objection or legal hold exists before cremation begins Correct answer.
  2. Waiting 24 hours after death and then cremating without any written authorization
  3. Proceeding as soon as the family orally requests cremation
  4. Delegating cremation authorization review to the crematory operator alone

Explanation

Cremation requires proper written authorization and reasonable verification that the decedent's identity is confirmed and no legal objection or hold exists. The funeral director should not rely on an oral request or shift the authorization duty entirely to the crematory.

Question 37Maryland funeral service law and Board regulations

A Maryland funeral establishment maintains a trust account for preneed funds. Which practice best complies with Maryland requirements?

  1. Refunding trust deposits to the funeral home whenever cash flow is tight
  2. Using trust funds as operating capital until the funeral is performed
  3. Maintaining the funds in the trust account and accounting for them as required by statute and regulation Correct answer.
  4. Depositing preneed funds into the owner's personal account

Explanation

Preneed funds must be placed and maintained in trust as required by Maryland law, with proper records and periodic accounting. Commingling or using trust funds for operating expenses violates the fiduciary framework governing preneed contracts.

Question 38Maryland funeral service law and Board regulations

Which document most directly establishes a consumer's selection of funeral goods and services and the price for each item in Maryland?

  1. The itemized statement or contract of goods and services selected Correct answer.
  2. The burial-transit permit
  3. The embalmer's case report
  4. The death certificate

Explanation

Maryland's price-disclosure framework requires that consumers receive an itemized statement of the goods and services selected and their prices. The death certificate and transit permit serve public health and transportation functions, not price disclosure.

Question 39Maryland funeral service law and Board regulations

A Maryland funeral director is asked to accept a casket supplied by a third-party seller for a direct burial. How should the director respond?

  1. Accept the casket only if the family also purchases a funeral home casket
  2. Accept the casket but charge a penalty equal to the casket's retail price
  3. Refuse the casket because only caskets sold by the funeral home may be used
  4. Accept the casket and avoid imposing an unauthorized handling fee for the family's use of an outside casket Correct answer.

Explanation

Maryland consumers may purchase caskets from outside sources, and the funeral establishment may not require purchase of its own casket or impose an unauthorized fee as a condition of service. Any permissible handling charge must be disclosed and must reflect actual services.

Question 40Maryland funeral service law and Board regulations

A Maryland funeral director is supervising an apprentice. Which statement correctly describes the supervision requirement?

  1. The apprentice may sign death certificates as the certifier
  2. The apprentice may perform embalming independently once the apprenticeship is registered
  3. The apprentice must perform licensed functions under the direct supervision of a licensed funeral director or embalmer as required by regulation Correct answer.
  4. The apprentice may operate the establishment as manager of record

Explanation

An apprentice may perform licensed functions only under the supervision required by Board regulation; registration of the apprenticeship does not confer independent practice authority. Death certification and manager-of-record duties remain with qualified licensees.

Question 41Maryland funeral service law and Board regulations

A Maryland funeral director receives a subpoena duces tecum for a decedent's funeral contract in a civil lawsuit. What is the appropriate response?

  1. Provide the records only to the family's attorney and no one else
  2. Destroy the records to protect the decedent's privacy
  3. Produce the records as required by the subpoena or obtain a protective order through legal counsel Correct answer.
  4. Ignore the subpoena because funeral records are confidential

Explanation

Confidentiality obligations yield to a valid court subpoena, and the licensee should comply or seek a protective order through counsel. Ignoring a subpoena or destroying records can result in contempt or spoliation consequences.

Question 42Maryland funeral service law and Board regulations

A Maryland funeral establishment advertises services on its website. Which statement best reflects the applicable advertising requirement?

  1. Websites are exempt from Board advertising rules
  2. Advertising must not be false, misleading, or deceptive, and required price information must be disclosed Correct answer.
  3. Advertising rules apply only to printed newspapers
  4. Only the Board may publish funeral prices

Explanation

Maryland prohibits false, misleading, or deceptive advertising regardless of medium, and required price disclosures apply to advertising that quotes prices. A website is not exempt simply because it is electronic.

Question 43Maryland funeral service law and Board regulations

A Maryland funeral director is asked to ship remains by common carrier to another country. Which requirement is most directly applicable?

  1. No documentation is needed for international shipment
  2. The funeral director may ship without embalming or preparation under all circumstances
  3. The remains must be accompanied by the permits and documentation required for international transport, including those required by the receiving jurisdiction Correct answer.
  4. Only a verbal statement to the carrier is required

Explanation

International shipment requires appropriate transit and consular documentation as well as compliance with the receiving country's requirements. A common carrier shipment without required permits is not lawful.

Question 44Maryland funeral service law and Board regulations

A Maryland funeral director is asked to bury a decedent in a cemetery that requires a vault. The family did not purchase a vault. What is the director's best response?

  1. Bury the decedent without a vault and say nothing
  2. Purchase a vault without informing the family and add it to the bill
  3. Explain the cemetery's requirement to the family and obtain their authorization before arranging the vault Correct answer.
  4. Cancel the burial and refuse further service

Explanation

The funeral director should disclose the cemetery's requirement and obtain the family's authorization before incurring the cost. Purchasing items without authorization or ignoring cemetery rules would be improper.

Question 45Maryland funeral service law and Board regulations

A Maryland funeral home learns that a decedent had a known infectious disease. Which practice is most consistent with Maryland requirements and standard precautions?

  1. Inform all visitors of the diagnosis without the family's consent
  2. Charge a mandatory surcharge for infectious cases without disclosure
  3. Refuse the case entirely because of the diagnosis
  4. Use universal precautions and follow required handling procedures without disclosing the diagnosis to unauthorized persons Correct answer.

Explanation

Licensees must use appropriate infection-control precautions while protecting the decedent's confidential health information. Refusing service based solely on an infectious diagnosis and unauthorized disclosure are both improper.

Question 46Maryland funeral service law and Board regulations

A Maryland funeral director is asked by a family to hold a decedent's cremated remains indefinitely at the funeral home because no one will claim them. Which statement is most accurate?

  1. The funeral home must keep the remains forever at its own expense
  2. The funeral home may dispose of the cremated remains immediately without notice
  3. The funeral home should follow the statutory and regulatory procedures for unclaimed cremated remains, including required notice and recordkeeping Correct answer.
  4. The funeral home may give the cremated remains to any member of the public

Explanation

Unclaimed cremated remains are handled under statutory and regulatory procedures that require notice, documentation, and authorized disposition. Immediate disposal or indefinite retention without following those procedures is improper.

Question 47Maryland funeral service law and Board regulations

A Maryland funeral director is asked to perform a funeral service for a decedent whose body was donated to a medical school and later returned. Which statement best describes the applicable framework?

  1. The remains may be disposed of without any permit
  2. Donated bodies are exempt from all funeral service regulation
  3. The funeral director must comply with the same licensure, permit, and disposition requirements that apply to other human remains Correct answer.
  4. Only the medical school may handle the remains

Explanation

Once returned for final disposition, the remains are subject to the ordinary requirements for handling, permits, and disposition, and the funeral director must comply with them. Donation status does not create a blanket regulatory exemption.

Question 48Maryland funeral service law and Board regulations

A Maryland funeral director is asked to sign an affidavit stating that the decedent's remains were handled in a manner that the director knows is inaccurate. What is the appropriate course of action?

  1. Sign the affidavit because the family requested it
  2. Ask a subordinate to sign the affidavit instead
  3. Refuse to sign the inaccurate affidavit and explain the accurate facts to the family Correct answer.
  4. Sign the affidavit and note the inaccuracy in an internal file only

Explanation

Signing a false affidavit is dishonest conduct subject to Board discipline, and delegating the false statement to a subordinate does not cure the problem. The director should refuse and explain the accurate facts.

Question 49Maryland funeral service law and Board regulations

Which statement best describes the Board's authority over a Maryland funeral establishment that repeatedly fails inspections for unsanitary conditions?

  1. The Board may close the establishment without notice or hearing
  2. The Board may impose discipline, including suspension or revocation of the establishment license, after notice and hearing Correct answer.
  3. The Board may only issue a warning letter
  4. The Board must refer the matter to the local health department and take no action

Explanation

The Board may discipline an establishment license, up to suspension or revocation, after providing notice and an opportunity for a hearing. Informal warnings are not the limit of its authority, and closure without process would violate due process.

Question 50Maryland funeral service law and Board regulations

A Maryland funeral director receives a request from a decedent's adult child for a copy of the funeral contract while a dispute among siblings is pending. What is the best response?

  1. Provide the contract to all family members without regard to authority
  2. Provide the contract to the requesting party consistent with confidentiality rules and the person's authority, documenting the request Correct answer.
  3. Refuse because a dispute exists
  4. Destroy the contract to avoid involvement in the dispute

Explanation

The licensee should follow confidentiality rules and release records to a person with proper authority, documenting the disclosure. A family dispute does not by itself justify refusing a lawful request or broad disclosure to everyone.