Ch. 145

1996 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 7-101(n) through (r), respectively, of Article - Health
Occupations of the Annotated Code of Maryland be renumbered to be Section(s)
7-101(o) through (s), respectively.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Health Occupations

7-101.

(a)     In this title the following words have the meanings indicated.

(N) "LICENSEE" MEANS AN INDIVIDUAL OR ENTITY LICENSED BY THE BOARD
TO PRACTICE MORTUARY SCIENCE TO THE EXTENT DETERMINED BY THE BOARD.

7-316.

(a) Subject to the hearing provisions of § 7-319 of this subtitle and except as to a
funeral establishment license, the Board may deny a license to any applicant, reprimand
any licensee, place any licensee on probation, or suspend or revoke any license if the
applicant or licensee:

(8) . Employs, pays, or offers to pay a "capper", "steerer", "solicitor", or any
other person to obtain business, either in general or for a [particular mortician]
LICENSEE[, funeral director,] or funeral establishment;

(13) Fails, after proper demand, to refund promptly any payments received
under a pre-need contract WITH INTEREST;

(b)     (1) Subject to the hearing provisions of § 7-319 of this subtitle and
paragraph (2) of this subsection, the Board may REPRIMAND, PLACE ON PROBATION,
deny, suspend, or revoke a funeral establishment license for any of the grounds listed in
subsection (a) of this section.

(2) The Board may not REPRIMAND, PLACE ON PROBATION, deny,
suspend, or revoke a funeral establishment license because of a violation of a provision of
this title by an employee of the establishment, unless the employee has a proprietary
interest in the business that is conducted from the establishment.

7-405.

(a) (1) In this section THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)     "BENEFICIARY" MEANS A PERSON FOR WHOSE BENEFIT A PRE-NEED
CONTRACT IS PURCHASED AND WHO WILL RECEIVE THE MERCHANDISE OR
SERVICES OFFERED UNDER THE CONTRACT.

(3)     "BUYER" MEANS A PERSON THAT PURCHASES A PRE-NEED
CONTRACT.

- 1482 -