260

LAWS OF MARYLAND

Ch.8

funeral director and embalmer. That subsection
also purports to prohibit any person other than a
licensed funeral director and embalmer from
executing a pre-need contract. However, because
a pre-need contract by definition is one made by
a licensed funeral director and embalmer, a
person who is not a licensed funeral director and
embalmer may make a similar contract without
violating the prohibition.

After considering the exceptions to the
definition of a "pre-need contract" that are
enumerated in present Art. 43, § 366A(b), the
Commission to Revise the Annotated Code: (1) has
structured the definition of "pre-need contract"
in § 6-101 of this title in terms of what the
contract does rather than who makes it; (2)
defines "seller" in this section as any person
who makes a pre-need contract; and (3) limits
those who are authorized to make a pre-need
contract to licensed morticians.

Because of the scope of the goods and services
that are included in the term "pre-need
contract", the class of persons most affected
under this revision are those associated with the
practice of mortuary science. Because only a
licensed mortician is authorized under this
section and § 6-504 of this title to make a
pre-need contract, any other person who is a
"seller" (e.g., a funeral director, apprentice,
surviving spouse) who does so incurs penalties
under § 6-508 of this title.

Some other persons (e.g., casket salesmen) also
may fall within these revised provisions.
Therefore, the General Assembly may wish to
adjust the definition of "seller" accordingly.

Section 6-102(b) of this title also should be
considered in conjunction with this issue.

6-405. CREMATION.

A LICENSEE WHO PERFORMS A CREMATION SHALL KEEP A RECORD
OF EACH CREMATION AUTHORIZATION ON THE FORM REQUIRED BY THE
BOARD.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, § 367A.

For a discussion of the penalty provision
relating to this section, see the revisor's note
to § 6-508 of this title.

For other provisions on cremation, see § 6-505 of
this title and Art. 43, §§ 360A and 367B, 367C,
and 367D of the Code.