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LAWS OF MARYLAND

Ch.8

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §§ 366B
and 366C.

As to the Regulatory Programs Evaluation Act of
1978, see Art. 41, § 484 et seq. of the Code.

Chapter 808, Acts of 1978, numbered the "sunset"
provisions that relate to funeral directors and
embalmers as Art. 43, §§ 367D and 367E. The
language of these sections speaks only of
provisions of "this subtitle" as it relates to
the Board and the regulation of funeral directors
and embalmers. Yet the balance of Art. 43, §
367A et seq. series comprises a separate subtitle
entitled "Cremation", which relates only
indirectly to funeral directors and embalmers.

Because the section number 367D already had been
used, the "sunset" provisions were codified as
Art. 43, §§ 366B and 366C — clearly under the
subtitle "Funeral Directors and Embalmers". This
location is more appropriate considering the
language of the "sunset" provisions.

Under this revision, only present Art. 43, § 367A
of the present Cremation subtitle is included in
this title. This provision relates to the
keeping of cremation records by licensed
morticians and is subject now to the "sunset"
section of the title.

It also is unclear if the General Assembly
intended to "sunset" § 6-504 of this title, which
prohibits anyone who is not a licensed mortician
from making pre-need contracts.

GENERAL REVISOR'S NOTE:

Dual Licensing.

Most of the provisions of this title originally were
enacted by Ch. 160, Acts of 1902. Until Ch. 129 was enacted
in 1962, individuals who practiced the occupation of funeral
directing and the occupation of embalming were issued
separate licenses.

Chapter 129, Acts of 1962 provided for a single
consolidated license to practice both funeral directing and
embalming. Uncodified Section 3 of that law provided for a
1-year transitional period after which no more separate
licenses would be issued. This transition was not carried
out. While the Board issued the new unified license to some
practitioners, it also continued to issue the funeral
director license to others.