HARRY HUGHES, Governor

223

of funeral director licenses, a single license
now is issued for the combined occupations of
funeral director and embalmer. Further
clarification of the acts that are included in
this practice is left to the General Assembly.

(N) PRE-NEED CONTRACT.

(1)  "PRE-NEED CONTRACT" MEANS AN AGREEMENT TO
PROVIDE TO A THEN LIVING INDIVIDUAL ON THE DEATH OF THAT
INDIVIDUAL:

(I)  A SERVICE, INCLUDING EMBALMING OR
CREMATION, THAT A MORTICIAN NORMALLY PROVIDES IN THE
ORDINARY COURSE OF BUSINESS; OR

(II)  MERCHANDISE, INCLUDING A CASKET,
VAULT, OR CLOTHING, THAT A MORTICIAN NORMALLY PROVIDES IN
THE ORDINARY COURSE OF BUSINESS.

(2)  "PRE-NEED CONTRACT" DOES NOT INCLUDE AN
AGREEMENT TO PROVIDE TO A THEN LIVING INDIVIDUAL ON THE
DEATH OF THAT INDIVIDUAL:

(I)  A CEMETERY LOT OR GRAVESITE;

(II)  A MAUSOLEUM, MONUMENT, OR LAWN CRYPT;
OR

(III)  ANY OTHER MERCHANDISE OR SERVICE
THAT IS NOT SOLD IN CONNECTION WITH THE PRACTICE OF MORTUARY
SCIENCE.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from Art. 43, §
366A(b) — except for the reference to "vaults"
in the second sentence of that subsection.

REVISOR'S NOTE TO SECTION: Present Art. 43, § 340(a)
which defines "financial interest" and "household
member", is deleted as unnecessary in light of
the definitions of "household member" and
"substantial financial interest" in § 1-101 of
this article.

6-102. 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.

THIS TITLE DOES NOT APPLY TO THE BUSINESS OF OPERATING
A CEMETERY OR CREMATORY. CREMATORY, INCLUDING THE SALE OF