HARRY HUGHES, Governor

241

(1)  IS THE SURVIVING SPOUSE OF A LICENSED
MORTICIAN WHO AT THE TIME OF DEATH WAS OPERATING AND WHOLLY
OR PARTLY OWNED A MORTUARY SCIENCE BUSINESS;

(2)  IS NOT A LICENSED MORTICIAN; AND

(3)  SUBMITS TO THE BOARD, WITHIN 90 DAYS OF THE
DEATH OF THE LICENSED MORTICIAN, THE APPLICATION REQUIRED BY
THE BOARD.

(B)  SCOPE.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
WHILE A SURVIVING SPOUSE LICENSE IS EFFECTIVE, IT AUTHORIZES
THE LICENSEE TO:

(1)  CONTINUE THE OPERATION OF THE MORTUARY
SCIENCE BUSINESS THAT HAD BEEN OPERATED AND WHOLLY OR PARTLY
OWNED BY THE SPOUSE OF THE LICENSEE; AND

(2)  ASSIST WITH THE PLANNING AND CONDUCTING OF
FUNERAL SERVICES FOR THAT MORTUARY SCIENCE BUSINESS.

(C)  CONDITIONS.

THE BOARD MAY ISSUE A LICENSE UNDER THIS SECTION ONLY
IF:

(1)  THE BUSINESS IS OPERATED UNDER THE DIRECT
SUPERVISION OF A LICENSED MORTICIAN; AND

(2)  THE EMBALMING IS DONE BY A LICENSED
MORTICIAN.

REVISOR'S NOTE: This section is new language derived in
part from Art. 43, § 353.

In subsections (a)(1) and (b) of this section,
new language is added to clarify that a surviving
spouse is authorized to do certain acts only with
respect to the mortuary science business that was
operated and wholly or partly owned by the
deceased licensed mortician.

Subsection (c)(2) of this section is new language
added to clarify that while a surviving spouse
may continue to operate a mortuary science
business, the surviving spouse may not perform
the technical processes of embalming.
Originally, a surviving spouse's license was
issued only to the surviving spouse of a funeral
director — not to the surviving spouse of an
embalmer. When legislation was enacted to
consolidate the funeral directing and embalming
licenses in 1962, the new role of the surviving
spouse's license was not clarified.