HARRY HUGHES, Governor

1195

Section 359(a)

Annotated Code of Maryland

(1971 Replacement Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

359.

(a) EXCEPT AS PROVIDED FOR FUNERAL DIRECTORS LICENSED
UNDER § 362 OF THIS SUBTITLE, [Any] ANY person who practices
as or holds himself out for practicing the occupation of
funeral director and embalmer in this State without having
secured a license for such practice and without holding a
current license is guilty of a misdemeanor and upon
conviction thereof is subject to a fine of not more than
$100 or imprisonment for not more than one year, or both
such fine and imprisonment, in the discretion of the court.
Nothing in this subsection applies to a registered
apprentice of a licensed funeral director and embalmer
during the period of his apprenticeship. Nothing in this
subsection applies to any school of anatomy, medicine or
dentistry. Nothing in this subsection shall be deemed to
apply or interfere with any officer or employee of the
United States or the District of Columbia in the discharge
of his official duties. NOTHING IN THIS SUBTITLE APPLIES TO
THE BUSINESS OF OPERATING A CEMETERY OR CREMATORY.

362.

(A)   (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  FUNERAL DIRECTOR'S LICENSE MEANS A LICENSE
ISSUED BY THE BOARD UNDER THIS SECTION TO PRACTICE FUNERAL
DIRECTION.

(3)   (I) PRACTICE FUNERAL DIRECTION MEANS:

1.  TO OPERATE A FUNERAL
ESTABLISHMENT; OR

2.  FOR COMPENSATION, TO ARRANGE FOR
OR MAKE FINAL DISPOSITION OF A DEAD HUMAN BODY.

(II) PRACTICE FUNERAL DIRECTION DOES NOT
INCLUDE, FOR COMPENSATION, PREPARING A DEAD HUMAN BODY FOR
DISPOSITION, INCLUDING DISINFECTING OR PRESERVING A DEAD
HUMAN BODY OR ANY OF ITS PARTS BY ARTERIAL OR CAVITY
INJECTION.

(B)  THE BOARD SHALL ISSUE A FUNERAL DIRECTOR'S LICENSE
TO AN APPLICANT WHO: