Maryland 2025 Regular Session

Maryland House Bill HB1555 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1555
9	6
10	7		HOUSE BILL 1555
11		-	C2, J2 ~~EMERGENCY BILL~~ 5lr3632
	8	+	C2, J2 5lr3632
12	9
13	10		By: Delegates Bhandari, Allen, Bagnall , Chisholm, Cullison, Guzzone, Hill,
14	11		Hutchinson, S. Johnson, Kaiser, Kipke, Lopez, Martinez, M. Morgan,
15	12		Pena–Melnyk, Rosenberg, Ross, Taveras, White Holland, Woods, and
16		-	Woorman ~~Woorman, Alston, Kerr, Reilly, and Szeliga~~
	13	+	Woorman
17	14		Rules suspended
18	15		Introduced and read first time: February 26, 2025
19	16		Assigned to: Rules and Executive Nominations
20		-	Re–referred to: Health and Government Operations, February 27, 2025
21		-	Committee Report: Favorable with amendments
22		-	House action: Adopted
23		-	Read second time: March 6, 2025
24	17
25		-	~~CHAPTER ______~~
	18	+	A BILL ENTITLED
26	19
27	20		AN ACT concerning 1
28	21
29	22		Funeral Establishments, Crematories, and Reduction Facilities – Oversight 2
30	23		(Ensuring Dignity and Accountability in Crematory and Funeral Home 3
31	24		Operations Act) 4
32	25
33	26		FOR the purpose of requiring the Director of the Office of Cemetery Oversight and the State 5
34	27		Board of Morticians and Funeral Directors to adopt regulations that require funeral 6
35	28		establishments, crematories, and reduction facilities to maintain adequate 7
36	29		refrigerated holding facilities to ensure proper storage of human remains; requiring 8
37		-	the Director Office of Cemetery Oversight and the Board State Board of Morticians 9
38		-	and Funeral Directors to establish and maintain certain online databases, and 10
39		-	conduct certain inspections, and make certain notifications to authorizing agents; 11
40		-	providing that a person who violates certain provisions of law is subject to certain 12
41		-	civil and administrative penalties and referral for criminal prosecution under certain 13
42		-	circumstances; altering certain provisions of law governing the appointment of 14
43		-	officers, removal of members, and the quorum of the Board; establishing the 15
44		-	threshold vote required for binding Board action; establishing the authority of the 16
45		-	Secretary of Health regarding staff for the Board; authorizing the Executive Director 17
46		-	of the Board to direct an immediate investigation of certain complaints; establishing 18
47		-	requirements regarding the review of complaints and investigations by the Board; 19
48		-	repealing a prohibition against using certain State money to support the State Board 20 2 HOUSE BILL 1555
	30	+	the Director and the Board to establish and maintain certain online databases, 9
	31	+	conduct certain inspections, and make certain notifications to authorizing agents; 10
	32	+	providing that a person who violates certain provisions of law is subject to certain 11
	33	+	civil and administrative penalties and referral for criminal prosecution under certain 12
	34	+	circumstances; and generally relating to funeral establishments, crematories, and 13
	35	+	reduction facilities. 14
	36	+
	37	+	BY repealing and reenacting, without amendments, 15
	38	+	Article – Business Regulation 16
	39	+	Section 5–101(a), (c), and (i) 17
	40	+	Annotated Code of Maryland 18
	41	+	(2024 Replacement Volume) 19
	42	+
	43	+	BY repealing and reenacting, with amendments, 20
	44	+	Article – Business Regulation 21
	45	+	Section 5–204(a)(2) and (b) and 5–310 22
	46	+	Annotated Code of Maryland 23
	47	+	(2024 Replacement Volume) 24
	48	+	2 HOUSE BILL 1555
49	49
50	50
51		-	of Morticians and Funeral Directors Fund; altering the circumstances under which 1
52		-	the Board may take certain disciplinary action; requiring a certain liaison to be 2
53		-	assigned to assist in the preparation of certain charges; authorizing the Executive 3
54		-	Director of the Board to direct a certain liaison to prepare charges under certain 4
55		-	circumstances; repealing a certain requirement to stay an order of suspension or 5
56		-	revocation under certain circumstances; and generally relating to funeral 6
57		-	establishments, crematories, and reduction facilities. 7
	51	+	BY adding to 1
	52	+	Article – Business Regulation 2
	53	+	Section 5–207 and 5–208 3
	54	+	Annotated Code of Maryland 4
	55	+	(2024 Replacement Volume) 5
58	56
59		-	BY repealing and reenacting, without amendments, 8
60		-	Article – ~~Business Regulation 9~~
61		-	Section 5–~~101~~(a), (c)~~, and (i) (i), and (r) 10~~
62		-	Annotated Code of Maryland 11
63		-	(~~2024~~ Replacement Volume) 12
	57	+	BY repealing and reenacting, without amendments, 6
	58	+	Article – Health – General 7
	59	+	Section 5–508(a) and (c) 8
	60	+	Annotated Code of Maryland 9
	61	+	(2023 Replacement Volume and 2024 Supplement) 10
64	62
65		-	BY repealing and reenacting, ~~with~~ amendments, 13
66		-	Article – ~~Business Regulation 14~~
67		-	Section 5–~~204~~(a)(2) and (b) ~~5–204(b) and 5–310 15~~
68		-	Annotated Code of Maryland 16
69		-	(~~2024~~ Replacement Volume) 17
	63	+	BY repealing and reenacting, without amendments, 11
	64	+	Article – Health Occupations 12
	65	+	Section 7–101(a), (c–1), and (d) 13
	66	+	Annotated Code of Maryland 14
	67	+	(2021 Replacement Volume and 2024 Supplement) 15
70	68
71		-	BY ~~adding to 18~~
72		-	Article – ~~Business Regulation 19~~
73		-	Section 5–~~207~~ and 5–~~208 20~~
74		-	Annotated Code of Maryland 21
75		-	(~~2024~~ Replacement Volume) 22
	69	+	BY repealing and reenacting, with amendments, 16
	70	+	Article – Health Occupations 17
	71	+	Section 7–205(c) and 7–409 18
	72	+	Annotated Code of Maryland 19
	73	+	(2021 Replacement Volume and 2024 Supplement) 20
76	74
77		-	BY ~~repealing and reenacting,~~ ~~without amendments, 23~~
78		-	Article – Health ~~– General 24~~
79		-	Section 5–~~508(a)~~ and ~~(c) 25~~
80		-	Annotated Code of Maryland 26
81		-	(~~2023~~ Replacement Volume and 2024 Supplement) 27
	75	+	BY adding to 21
	76	+	Article – Health Occupations 22
	77	+	Section 7–209, 7–210, and 7–317.1 23
	78	+	Annotated Code of Maryland 24
	79	+	(2021 Replacement Volume and 2024 Supplement) 25
82	80
83		-	BY repealing and reenacting, without amendments, 28
84		-	Article – Health Occupations 29
85		-	Section 7–101(a), (c–1), and (d) and 7–206(a) 30
86		-	Annotated Code of Maryland 31
87		-	(2021 Replacement Volume and 2024 Supplement) 32
	81	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
	82	+	That the Laws of Maryland read as follows: 27
88	83
89		-	BY repealing and reenacting, with amendments, 33
90		-	Article – Health Occupations 34
91		-	Section 7–205(c) and 7–409 7–202(a) and (i), 7–203, 7–204, 7–206(d), 7–316(b)(2), 35
92		-	and 7–409(a) 36
93		-	Annotated Code of Maryland 37
94		-	(2021 Replacement Volume and 2024 Supplement) 38
	84	+	Article – Business Regulation 28
95	85
96		-	BY adding to 39
97		-	Article – Health Occupations 40 HOUSE BILL 1555 3
	86	+	5–101. 29
	87	+
	88	+	(a) In this title the following words have the meanings indicated. 30
	89	+
	90	+	(c) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 31
	91	+	Article. 32
	92	+
	93	+	(i) “Director” means the Director of the Office of Cemetery Oversight. 33
	94	+
	95	+	5–204. 34
	96	+	HOUSE BILL 1555 3
98	97
99	98
100		-	Section 7–205.1, 7–209, 7–210, and 7–317.1 7–317.1, and 7–318.1 1
101		-	Annotated Code of Maryland 2
102		-	(2021 Replacement Volume and 2024 Supplement) 3
	99	+	(a) (2) In conjunction with the State Board of Morticians and Funeral 1
	100	+	Directors, the Director shall: 2
103	101
104		-	BY repealing 4
105		-	Article – Health Occupations 5
106		-	Section 7–320(c) 6
107		-	Annotated Code of Maryland 7
108		-	(2021 Replacement Volume and 2024 Supplement) 8
	102	+	(i) establish a process for regulating crematories and reduction 3
	103	+	facilities that provides for: 4
109	104
110		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
111		-	That the Laws of Maryland read as follows: 10
	105	+	1. registration of crematory operators and reduction facility 5
	106	+	operators or issuance of permits for operating crematories and reduction facilities, and 6
	107	+	renewal; 7
112	108
113		-	Article – Business Regulation 11
	109	+	2. applications, including certification of ownership and 8
	110	+	identification of individuals who will perform alkaline hydrolysis, cremation, or natural 9
	111	+	organic reduction; 10
114	112
115		-	~~5–101~~. 12
	113	+	3. registration and permit fees; 11
116	114
117		-	~~(a) In this title the following words have the meanings indicated~~. 13
	115	+	4. inspections and oversight; 12
118	116
119		-	(c) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 14
120		-	Article. 15
	117	+	5. grounds for discipline and penalties; and 13
121	118
122		-	~~(i) “Director” means the Director of the Office of Cemetery Oversight~~. 16
	119	+	6. complaints and hearings; [and] 14
123	120
124		-	(r) “Office” means the Office of Cemetery Oversight. 17
	121	+	(II) ADOPT REGULATIONS TH AT REQUIRE FUNERAL 15
	122	+	ESTABLISHMENTS , CREMATORIES , AND REDUCTION FACILI TIES TO MAINTAIN 16
	123	+	ADEQUATE REFRIGERATE D HOLDING FACILITIES TO ENSURE PROPER STO RAGE OF 17
	124	+	HUMAN REMAINS ; AND 18
125	125
126		-	5–204. 18
	126	+	[(ii)] (III) adopt regulations that are identical to regulations adopted 19
	127	+	by the State Board of Morticians and Funeral Directors to: 20
127	128
128		-	(a) (2) ~~In conjunction with the State Board~~ of ~~Morticians and Funeral 19~~
129		-	~~Directors, the Director shall: 20~~
	129	+	1. implement [item] ITEMS (i) AND (II) of this paragraph; 21
	130	+	and 22
130	131
131		-	(i) establish a process for regulating crematories and reduction 21
132		-	facilities that provides for: 22
	132	+	2. ensure public health and safety. 23
133	133
134		-	1. registration of crematory operators and reduction facility 23
135		-	operators or issuance of permits for operating crematories and reduction facilities, and 24
136		-	renewal; 25
	134	+	(b) (1) [Upon] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON 24
	135	+	receipt of a written complaint, or at the discretion of the Director, the Director or the 25
	136	+	Director’s designee may conduct an investigation and an inspection of the records and site 26
	137	+	of a registered cemeterian, registered crematory operator, registered reduction operator, 27
	138	+	registered seller, permit holder, or any other person subject to the registration or permit 28
	139	+	provisions of this title. 29
137	140
138		-	2. applications, including certification of ownership and 26
139		-	identification of individuals who will perform alkaline hydrolysis, cremation, or natural 27
140		-	organic reduction; 28
141		-
142		-	3. registration and permit fees; 29
143		-
144		-	4. inspections and oversight; 30
145		-
146		-	5. grounds for discipline and penalties; and 31 4 HOUSE BILL 1555
	141	+	(2) (I) EACH YEAR, THE DIRECTOR SHALL CONDUC T AT LEAST 30
	142	+	TWO UNANNOUNCED INSP ECTIONS OF EACH REGI STERED CREMATORY OPE RATOR 31
	143	+	AND REGISTERED REDUC TION OPERATOR TO ENS URE COMPLIANCE WITH THIS 32
	144	+	TITLE. 33 4 HOUSE BILL 1555
147	145
148	146
149	147
150		-	6. complaints and hearings; [and] 1
	148	+	(II) IF A REGISTERED CREMA TORY OPERATOR OR REG ISTERED 1
	149	+	REDUCTION OPERATOR IS CITED FOR A SANIT ATION VIOLATION OR T HE 2
	150	+	MISHANDLING OF HUMAN REMAINS, THE DIRECTOR SHALL CONDUC T AN 3
	151	+	UNANNOUNCED INSPECTI ON OF THE REGISTERED CR EMATORY OR REGISTERE D 4
	152	+	REDUCTION OPERATOR WITHIN 30 DAYS AFTER THE CITATION WAS ISSUED . 5
151	153
152		-	(II) ADOPT REGULATIONS TH AT REQUIRE FUNERAL 2
153		-	ESTABLISHMENTS , CREMATORIES , AND REDUCTION FACILI TIES TO MAINTAIN 3
154		-	ADEQUATE REFRIGERATE D HOLDING FACILITIES TO ENSURE PROPER STO RAGE OF 4
155		-	HUMAN REMAINS ; AND 5
	154	+	(3) THE DIRECTOR SHALL EMPLOY AT LEAST ONE INSPECT OR TO: 6
156	155
157		-	[(ii)] (III) adopt regulations that are identical to regulations adopted 6
158		-	by the State Board of Morticians and Funeral Directors to: 7
	156	+	(I) ENSURE COMPLIANCE WITH REGU LATORY REQUIREMENTS ; 7
159	157
160		-	~~1. implement [item] ITEMS (i) AND~~ (II) ~~of this paragraph~~; 8
	158	+	(II) CONDUCT ROUTINE AND COMPLAINT–BASED INSPECTIONS ; 8
161	159		AND 9
162	160
163		-	2. ensure public health and safety. 10
	161	+	(III) RESPOND TO PUBLIC CO NCERNS REGARDING VIOLAT IONS 10
	162	+	OF THIS TITLE. 11
164	163
165		-	(b) (1) [Upon] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON 11
166		-	receipt of a written complaint, or at the discretion of the Director, the Director or the 12
167		-	Director’s designee may conduct an investigation and an inspection of the records and site 13
168		-	of a registered cemeterian, registered crematory operator, registered reduction operator, 14
169		-	registered seller, permit holder, or any other person subject to the registration or permit 15
170		-	provisions of this title. 16
	164	+	5–207. 12
171	165
172		-	(2) (I) EACH YEAR, THE DIRECTOR A TRAINED STAFF MEMB ER OF 17
173		-	THE OFFICE WHO IS QUALIFIED TO DO INSPECTIONS SHALL CONDUCT AT LEA ST TWO 18
174		-	UNANNOUNCED INSPECTI ONS OF EACH REGISTER ED CREMATORY OPERATOR AND 19
175		-	REGISTERED REDUCTION OPERATOR FACILITY THAT HAS BE EN REPRIMANDED 20
176		-	UNDER § 5–310 OF THIS TITLE WITHIN THE IMMEDIATELY PREC EDING 5 YEARS TO 21
177		-	ENSURE COMPLIANCE WI TH THIS TITLE. 22
	166	+	THE OFFICE SHALL: 13
178	167
179		-	(II) IF A REGISTERED CREMA TORY OPERATOR OR REG ISTERED 23
180		-	REDUCTION OPERATOR I S CITED FOR A SANITA TION VIOLATION OR TH E 24
181		-	MISHANDLING OF HUMAN REMAINS, THE DIRECTOR SHALL CONDUC T AN 25
182		-	UNANNOUNCED INSPECTI ON OF THE REGISTERED CREMATORY OR REGISTERED 26
183		-	REDUCTION OPERATOR W ITHIN 30 DAYS AFTER THE CITAT ION WAS ISSUED. 27
	168	+	(1) ESTABLISH AND MAINTA IN A PUBLICLY ACCESSIBLE , ONLINE 14
	169	+	DATABASE THAT INCLUDES INFORMATION ABOUT EA CH VIOLATION BY , INSPECTION 15
	170	+	OF, AND COMPLAINT AGAINS T A CREMATORY OR REDUCTION FACILITY; 16
184	171
185		-	(3) THE DIRECTOR SHALL EMPLOY AT LEAST ONE INSPECT OR TO: 28
	172	+	(2) NOTIFY THE AUTHORIZING AGEN T WITHIN 24 HOURS AFTER THE 17
	173	+	OFFICE BECOMES AWARE OF A DELAY, AN EQUIPMENT FAILURE , OR A REGULATORY 18
	174	+	VIOLATION THAT INVOL VES A DECEDENT’S REMAINS; AND 19
186	175
187		-	(I) ENSURE COMPLIANCE WI TH REGULATORY REQUIR EMENTS; 29
	176	+	(3) PUBLISH ON ITS WEBSI TE EACH REPORT SUBMITTED BY THE 20
	177	+	OFFICE TO THE GENERAL ASSEMBLY UNDER THIS TITLE. 21
188	178
189		-	(II) CONDUCT ROUTINE AND COMPLAINT–BASED INSPECTIONS ; 30
190		-	AND 31
	179	+	5–208. 22
191	180
192		-	(III) RESPOND TO PUBLIC CO NCERNS REGARDING VIO LATIONS 32
193		-	OF THIS TITLE. 33 HOUSE BILL 1555 5
	181	+	ON OR BEFORE DECEMBER 31 EACH YEAR, THE OFFICE SHALL SUBMIT A 23
	182	+	REPORT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND 24
	183	+	GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 25
	184	+	STATE GOVERNMENT ARTICLE, THAT INCLUDES : 26
	185	+
	186	+	(1) THE RESULTS OF INSPE CTIONS CONDUCTED UNDER § 5–204(B) OF 27
	187	+	THIS SUBTITLE, INCLUDING ANY VIOLAT IONS AND CORRECTIVE ACTIONS TAKEN ; 28
	188	+	HOUSE BILL 1555 5
194	189
195	190
	191	+	(2) IN ADDITION TO THE I NFORMATION REQUIRED TO BE REPORT ED 1
	192	+	UNDER § 5–311(H)(2) OF THIS TITLE, THE NUMBER OF COMPLA INTS RECEIVED AND 2
	193	+	THE RESOLUTIONS OF E ACH COMPLAINT ; AND 3
196	194
197		-	5–207. 1
	195	+	(3) RECOMMENDATIONS FOR IMPROVING THE REGULA TION OF 4
	196	+	CREMATORIES AND REDU CTION FACILITIES. 5
198	197
199		-	~~THE OFFICE SHALL: 2~~
	198	+	5–310. 6
200	199
201		-	(1) ESTABLISH AND MAINTA IN A PUBLICLY ACCESS IBLE, ONLINE 3
202		-	DATABASE THAT INCLUD ES INFORMATION ABOUT EACH VIOLATION BY 4
203		-	DISCIPLINARY ACTION TAKEN BY THE OFFICE UNDER § 5–310 OF THIS SUBTITLE 5
204		-	AGAINST, AND INSPECTION OF , AND COMPLAINT AGAINS T A CREMATORY OR 6
205		-	REDUCTION FACILITY ; 7
	200	+	(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may 7
	201	+	deny a registration or permit to an applicant, reprimand a person subject to the registration 8
	202	+	or permit provisions of this title, or suspend or revoke a registration or permit if an 9
	203	+	applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner 10
	204	+	of the applicant, registrant, or permit holder: 11
	205	+
	206	+	(1) fraudulently or deceptively obtains or attempts to obtain a registration 12
	207	+	or permit; 13
	208	+
	209	+	(2) fraudulently or deceptively uses a registration or permit; 14
	210	+
	211	+	(3) under the laws of the United States or of any state, is convicted of a: 15
	212	+
	213	+	(i) felony; or 16
	214	+
	215	+	(ii) misdemeanor that is directly related to the fitness and 17
	216	+	qualifications of the applicant, registrant, or permit holder to own or operate a cemetery, 18
	217	+	crematory, or reduction facility or provide burial goods; 19
	218	+
	219	+	(4) fails to provide or misrepresents any information required to be 20
	220	+	provided under this title; 21
	221	+
	222	+	(5) violates this title; 22
	223	+
	224	+	(6) violates the code of ethics adopted by the Director; 23
	225	+
	226	+	(7) violates a regulation adopted under this title; 24
	227	+
	228	+	(8) fails to provide reasonable and adequate supervision of the operation of 25
	229	+	the cemetery, crematory, or reduction facility or the provision of burial goods by agents, 26
	230	+	employees, officers, directors, or partners affiliated with a cemetery, crematory, reduction 27
	231	+	facility, or burial goods business; 28
	232	+
	233	+	(9) refuses to allow an inspection required by this title; 29
	234	+
	235	+	(10) fails to comply with an order of the Director; 30
	236	+	6 HOUSE BILL 1555
	237	+
	238	+
	239	+	(11) fails to comply with any terms of settlement under a binding arbitration 1
	240	+	agreement; 2
	241	+
	242	+	(12) is found guilty by a court in this State of violating an unfair or deceptive 3
	243	+	trade practices provision under Title 13 of the Commercial Law Article; or 4
	244	+
	245	+	(13) fails to comply with § 5–513 of the Health – General Article. 5
	246	+
	247	+	(b) (1) If a person is charged with a violation of this title that could result in 6
	248	+	suspension or revocation of a registration or permit, the Director may seek an immediate 7
	249	+	restraining order in a circuit court in this State to prohibit the person from engaging in the 8
	250	+	operation of any cemetery, crematory, reduction facility, or burial goods business. 9
	251	+
	252	+	(2) The restraining order is in effect until: 10
	253	+
	254	+	(i) the court lifts the order; or 11
	255	+
	256	+	(ii) the charges are adjudicated or dismissed. 12
	257	+
	258	+	(c) If a person is charged with a violation of this title that could result in 13
	259	+	suspension or revocation of a registration or permit, the Director may petition a court to: 14
	260	+
	261	+	(1) appoint a receiver or trustee to take charge of the assets and operate 15
	262	+	the business of the person in the event that the registration or permit is suspended or 16
	263	+	revoked; and 17
	264	+
	265	+	(2) take any actions as are appropriate to protect the public interest. 18
	266	+
	267	+	(d) Instead of or in addition to reprimanding a person, or suspending or revoking 19
	268	+	a registration or permit, the Director may impose a civil penalty: 20
	269	+
	270	+	(1) not to exceed $5,000 for each violation of this title or an order of the 21
	271	+	Director under this title; and 22
	272	+
	273	+	(2) not to exceed $500 for each day a violation continues past the time set 23
	274	+	for its correction. 24
	275	+
	276	+	(E) IF THE DIRECTOR FINDS THAT A PERSON HAS VIOLATED THIS TI TLE 25
	277	+	WITH GROSS NEGLIGENCE , IMPROPER LY HANDLED HUMAN REMAINS, OR 26
	278	+	REPEATED LY VIOLATED THIS TITLE, THE PERSON IS SUBJECT TO: 27
	279	+
	280	+	(1) A CIVIL PENALTY NOT EXCEEDIN G $50,000; 28
	281	+
	282	+	(2) PERMANENT REVOCATION OF LICENSURE; AND 29
	283	+	HOUSE BILL 1555 7
	284	+
	285	+
	286	+	(3) REFERRAL UNDER § 5–905(A)(2) OF THIS TITLE FOR CRIMINAL 1
	287	+	PROSECUTION . 2
	288	+
	289	+	[(e)] (F) To determine the amount of the penalty imposed under this 3
	290	+	[subsection] SECTION, the Director shall consider: 4
	291	+
	292	+	(1) the seriousness of the violation; 5
	293	+
	294	+	(2) the harm caused by the violation; 6
	295	+
	296	+	(3) the good faith efforts of the person; and 7
	297	+
	298	+	(4) any history of previous violations by the person. 8
	299	+
	300	+	[(f)] (G) Any civil penalties collected under this section shall be paid into the 9
	301	+	General Fund of the State. 10
	302	+
	303	+	[(g)] (H) The Director shall consider the following facts in the granting, denial, 11
	304	+	renewal, suspension, or revocation of a registration or permit or the reprimand of a 12
	305	+	registrant or permit holder when an applicant, registrant, or permit holder, or an agent, 13
	306	+	employee, officer, director, or partner of an applicant, registrant, or permit holder is 14
	307	+	convicted of a felony or misdemeanor described in subsection (a)(3) of this section: 15
	308	+
	309	+	(1) the nature of the crime; 16
	310	+
	311	+	(2) the relationship of the crime to the activities authorized by this title; 17
	312	+
	313	+	(3) with respect to a felony, the relevance of the conviction to the fitness 18
	314	+	and qualifications of the applicant, registrant, or permit holder, or agent, employee, officer, 19
	315	+	director, or partner to operate a cemetery or provide burial goods; 20
	316	+
	317	+	(4) the length of time since the conviction; and 21
	318	+
	319	+	(5) the behavior and activities of the applicant, registrant, or permit 22
	320	+	holder, or any agent, employee, officer, director, or partner before and after the conviction. 23
	321	+
	322	+	Article – Health – General 24
	323	+
	324	+	5–508. 25
	325	+
	326	+	(a) In this subtitle the following words have the meanings indicated. 26
	327	+
	328	+	(c) “Authorizing agent” means the individual who has legal authority to arrange 27
	329	+	for and make decisions regarding the final disposition of a dead human body, including by 28
	330	+	cremation, alkaline hydrolysis, or natural organic reduction. 29
	331	+	8 HOUSE BILL 1555
	332	+
	333	+
	334	+	Article – Health Occupations 1
	335	+
	336	+	7–101. 2
	337	+
	338	+	(a) In this title the following words have the meanings indicated. 3
	339	+
	340	+	(c–1) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 4
	341	+	Article. 5
	342	+
	343	+	(d) “Board” means the State Board of Morticians and Funeral Directors. 6
	344	+
	345	+	7–205. 7
	346	+
	347	+	(c) In conjunction with the Office of Cemetery Oversight, the Board shall: 8
	348	+
	349	+	(1) Establish a process for regulating crematories and reduction facilities 9
	350	+	that provides for: 10
	351	+
	352	+	(i) Registration of crematory operators and reduction operators or 11
	353	+	issuance of permits for operating crematories and reduction facilities, and renewal; 12
	354	+
	355	+	(ii) Applications, including certification of ownership and 13
	356	+	identification of individuals who will perform cremation, alkaline hydrolysis, or natural 14
	357	+	organic reduction; 15
	358	+
	359	+	(iii) Registration or permit fees; 16
	360	+
	361	+	(iv) Inspections and oversight; 17
	362	+
	363	+	(v) Grounds for discipline and penalties; and 18
	364	+
	365	+	(vi) Complaints and hearings; [and] 19
	366	+
	367	+	(2) ADOPT REGULATIONS THAT REQ UIRE FUNERAL 20
	368	+	ESTABLISHMENTS , CREMATORIES , AND REDUCTION FACILI TIES TO MAINTAIN 21
	369	+	ADEQUATE REFRIGERATE D HOLDING FACILITIES TO ENSURE PROPER STO RAGE OF 22
	370	+	HUMAN REMAINS ; AND 23
	371	+
	372	+	[(2)] (3) Adopt regulations that are identical to regulations adopted by 24
	373	+	the Director of the Office of Cemetery Oversight to: 25
	374	+
	375	+	(i) Implement [item] ITEMS (1) AND (2) of this subsection; 26
	376	+
	377	+	(ii) Ensure public health and safety; and 27
	378	+	HOUSE BILL 1555 9
	379	+
	380	+
	381	+	(iii) Meet the requirements of § 5–204(a)(3) of the Business 1
	382	+	Regulation Article. 2
	383	+
	384	+	7–209. 3
	385	+
	386	+	THE BOARD SHALL: 4
	387	+
	388	+	(1) ESTABLISH AND MAINTAI N A PUBLICLY ACCESSIBLE , ONLINE 5
	389	+	DATABASE THAT INCLUDES INFORMATION REGARDIN G EACH VIOLATION BY , 6
	390	+	INSPECTION OF, AND COMPLAINT AGAINS T EACH FUNERAL ESTAB LISHMENT; 7
206	391
207	392		(2) NOTIFY THE AUTHORIZING AGEN T WITHIN 24 HOURS AFTER THE 8
208		-	~~OFFICE~~ BECOMES AWARE OF A DELAY, AN EQUIPMENT ~~FAILU RE~~, OR A REGULATORY 9
	393	+	BOARD BECOMES AWARE O F A DELAY, AN EQUIPMENT FAILURE , OR A REGULATORY 9
209	394		VIOLATION THAT IN VOLVES A DECEDENT’S REMAINS; AND 10
210	395
211		-	(3) PUBLISH ON ITS ~~WEBSI TE~~ EACH REPORT ~~SUBMI TTED BY THE~~ 11
212		-	~~OFFICE TO THE GENERAL ASSEMBLY UNDER~~ THIS ~~T ITLE~~. 12
	396	+	(3) PUBLISH ON ITS WEBSIT E EACH REPORT SUBMITTED UNDER § 11
	397	+	7–210 OF THIS SUBTITLE . 12
213	398
214		-	5–~~208~~. 13
	399	+	7–210. 13
215	400
216		-	ON OR BEFORE DECEMBER 31 EACH YEAR, THE ~~OFFICE~~ SHALL SUBMIT A 14
	401	+	ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL SUBMIT A 14
217	402		REPORT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND 15
218	403		GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 16
219	404		STATE GOVERNMENT ARTICLE, THAT INCLUDES : 17
220	405
221		-	(1) THE RESULTS OF ~~INSPE CTIONS~~ CONDUCTED ~~UND ER~~ § 5–~~204(B)~~ OF 18
222		-	THIS ~~SUBTITLE~~, INCLUDING ANY ~~VIOLATIONS~~ AND ~~C ORRECTIVE~~ ACTIONS ~~TA KEN~~; 19
	406	+	(1) THE RESULTS OF INSPEC TIONS CONDUCTED UNDER § 7–409 OF 18
	407	+	THIS TITLE, INCLUDING ANY VIOLAT IONS AND CORRECTIVE ACTIONS TAKEN ; 19
223	408
224		-	(2) IN ADDITION TO THE I NFORMATION REQUIRED TO BE REPORTED 20
225		-	UNDER § 5–311(H)(2) OF THIS TITLE, THE NUMBER OF COMPLA INTS RECEIVED AND 21
226		-	THE RESOLUTIONS OF E ACH COMPLAINT ; AND 22
	409	+	(2) THE NUMBER OF COMPLAI NTS RECEIVED AND THE RESOLUTIONS 20
	410	+	OF EACH COMPLAINT ; AND 21
227	411
228		-	(3) RECOMMENDATIONS FOR ~~IMPROVING~~ THE ~~REGULATION~~ OF 23
229		-	~~CREMATORIES AND REDU CTION FACILITIES~~. 24
	412	+	(3) RECOMMENDATIONS FOR I MPROVING THE REGULAT ION OF 22
	413	+	FUNERAL ESTABLISHMEN TS. 23
230	414
231		-	5–~~310~~. 25
	415	+	7–317.1. 24
232	416
233		-	(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may 26
234		-	deny a registration or permit to an applicant, reprimand a person subject to the registration 27
235		-	or permit provisions of this title, or suspend or revoke a registration or permit if an 28
236		-	applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner 29
237		-	of the applicant, registrant, or permit holder: 30
	417	+	IF THE BOARD FINDS THAT A PE RSON HAS VIOLATED TH IS TITLE WITH GROSS 25
	418	+	NEGLIGENCE , IMPROPERLY HANDLED H UMAN REMAINS , OR REPEATEDLY VIOLAT ED 26
	419	+	THIS TITLE, THE PERSON IS SUBJEC T TO: 27
238	420
239		-	(1) fraudulently or deceptively obtains or attempts to obtain a registration 31
240		-	or permit; 32 6 HOUSE BILL 1555
	421	+	(1) A CIVIL PENALTY NOT EX CEEDING $50,000; 28
241	422
242		-
243		-
244		-	(2) fraudulently or deceptively uses a registration or permit; 1
245		-
246		-	(3) under the laws of the United States or of any state, is convicted of a: 2
247		-
248		-	(i) felony; or 3
249		-
250		-	(ii) misdemeanor that is directly related to the fitness and 4
251		-	qualifications of the applicant, registrant, or permit holder to own or operate a cemetery, 5
252		-	crematory, or reduction facility or provide burial goods; 6
253		-
254		-	(4) fails to provide or misrepresents any information required to be 7
255		-	provided under this title; 8
256		-
257		-	(5) violates this title; 9
258		-
259		-	(6) violates the code of ethics adopted by the Director; 10
260		-
261		-	(7) violates a regulation adopted under this title; 11
262		-
263		-	(8) fails to provide reasonable and adequate supervision of the operation of 12
264		-	the cemetery, crematory, or reduction facility or the provision of burial goods by agents, 13
265		-	employees, officers, directors, or partners affiliated with a cemetery, crematory, reduction 14
266		-	facility, or burial goods business; 15
267		-
268		-	(9) refuses to allow an inspection required by this title; 16
269		-
270		-	(10) fails to comply with an order of the Director; 17
271		-
272		-	(11) fails to comply with any terms of settlement under a binding arbitration 18
273		-	agreement; 19
274		-
275		-	(12) is found guilty by a court in this State of violating an unfair or deceptive 20
276		-	trade practices provision under Title 13 of the Commercial Law Article; or 21
277		-
278		-	(13) fails to comply with § 5–513 of the Health – General Article. 22
279		-
280		-	(b) (1) If a person is charged with a violation of this title that could result in 23
281		-	suspension or revocation of a registration or permit, the Director may seek an immediate 24
282		-	restraining order in a circuit court in this State to prohibit the person from engaging in the 25
283		-	operation of any cemetery, crematory, reduction facility, or burial goods business. 26
284		-
285		-	(2) The restraining order is in effect until: 27
286		-
287		-	(i) the court lifts the order; or 28
288		-
289		-	(ii) the charges are adjudicated or dismissed. 29 HOUSE BILL 1555 7
290		-
291		-
292		-
293		-	(c) If a person is charged with a violation of this title that could result in 1
294		-	suspension or revocation of a registration or permit, the Director may petition a court to: 2
295		-
296		-	(1) appoint a receiver or trustee to take charge of the assets and operate 3
297		-	the business of the person in the event that the registration or permit is suspended or 4
298		-	revoked; and 5
299		-
300		-	(2) take any actions as are appropriate to protect the public interest. 6
301		-
302		-	(d) Instead of or in addition to reprimanding a person, or suspending or revoking 7
303		-	a registration or permit, the Director may impose a civil penalty: 8
304		-
305		-	(1) not to exceed $5,000 for each violation of this title or an order of the 9
306		-	Director under this title; and 10
307		-
308		-	(2) not to exceed $500 for each day a violation continues past the time set 11
309		-	for its correction. 12
310		-
311		-	(E) IF THE DIRECTOR FINDS THAT A PERSON HAS VIOLATED THIS TITLE 13
312		-	WITH GROSS NEGLIGENC E, IMPROPERLY HANDLED H UMAN REMAI NS, OR 14
313		-	REPEATEDLY VIOLATED THIS TITLE, THE PERSON IS SUBJEC T TO: 15
314		-
315		-	(1) A CIVIL PENALTY NOT EXCEEDING $50,000 $25,000; 16
316		-
317		-	(2) PERMANENT REVOCATION OF LICENSURE; AND 17
318		-
319		-	(3) REFERRAL UNDER § 5–905(A)(2) OF THIS TITLE FOR CR IMINAL 18
320		-	PROSECUTION . 19
321		-
322		-	[(e)] (F) To determine the amount of the penalty imposed under this 20
323		-	[subsection] SECTION, the Director shall consider: 21
324		-
325		-	(1) the seriousness of the violation; 22
326		-
327		-	(2) the harm caused by the violation; 23
328		-
329		-	(3) the good faith efforts of the person; and 24
330		-
331		-	(4) any history of previous violations by the person. 25
332		-
333		-	[(f)] (G) Any civil penalties collected under this section shall be paid into the 26
334		-	General Fund of the State. 27
335		-
336		-	[(g)] (H) The Director shall consider the following facts in the granting, denial, 28
337		-	renewal, suspension, or revocation of a registration or permit or the reprimand of a 29 8 HOUSE BILL 1555
338		-
339		-
340		-	registrant or permit holder when an applicant, registrant, or permit holder, or an agent, 1
341		-	employee, officer, director, or partner of an applicant, registrant, or permit holder is 2
342		-	convicted of a felony or misdemeanor described in subsection (a)(3) of this section: 3
343		-
344		-	(1) the nature of the crime; 4
345		-
346		-	(2) the relationship of the crime to the activities authorized by this title; 5
347		-
348		-	(3) with respect to a felony, the relevance of the conviction to the fitness 6
349		-	and qualifications of the applicant, registrant, or permit holder, or agent, employee, officer, 7
350		-	director, or partner to operate a cemetery or provide burial goods; 8
351		-
352		-	(4) the length of time since the conviction; and 9
353		-
354		-	(5) the behavior and activities of the applicant, registrant, or permit 10
355		-	holder, or any agent, employee, officer, director, or partner before and after the conviction. 11
356		-
357		-	Article – Health – General 12
358		-
359		-	5–508. 13
360		-
361		-	(a) In this subtitle the following words have the meanings indicated. 14
362		-
363		-	(c) “Authorizing agent” means the individual who has legal authority to arrange 15
364		-	for and make decisions regarding the final disposition of a dead human body, including by 16
365		-	cremation, alkaline hydrolysis, or natural organic reduction. 17
366		-
367		-	Article – Health Occupations 18
368		-
369		-	7–101. 19
370		-
371		-	(a) In this title the following words have the meanings indicated. 20
372		-
373		-	(c–1) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 21
374		-	Article. 22
375		-
376		-	(d) “Board” means the State Board of Morticians and Funeral Directors. 23
377		-
378		-	7–205. 24
379		-
380		-	(c) In conjunction with the Office of Cemetery Oversight, the Board shall: 25
381		-
382		-	(1) Establish a process for regulating crematories and reduction facilities 26
383		-	that provides for: 27
384		-
385		-	(i) Registration of crematory operators and reduction operators or 28
386		-	issuance of permits for operating crematories and reduction facilities, and renewal; 29 HOUSE BILL 1555 9
387		-
388		-
389		-
390		-	(ii) Applications, including certification of ownership and 1
391		-	identification of individuals who will perform cremation, alkaline hydrolysis, or natural 2
392		-	organic reduction; 3
393		-
394		-	(iii) Registration or permit fees; 4
395		-
396		-	(iv) Inspections and oversight; 5
397		-
398		-	(v) Grounds for discipline and penalties; and 6
399		-
400		-	(vi) Complaints and hearings; [and] 7
401		-
402		-	(2) ADOPT REGULATIONS THA T REQUIRE FUNERAL 8
403		-	ESTABLISHMENTS , CREMATORIES , AND REDUCTION FACILI TIES TO MAINTAIN 9
404		-	ADEQUATE REFRIGERATE D HOLDING FACILITIES TO ENSURE PROPER STO RAGE OF 10
405		-	HUMAN REMAINS ; AND 11
406		-
407		-	[(2)] (3) Adopt regulations that are identical to regulations adopted by 12
408		-	the Director of the Office of Cemetery Oversight to: 13
409		-
410		-	(i) Implement [item] ITEMS (1) AND (2) of this subsection; 14
411		-
412		-	(ii) Ensure public health and safety; and 15
413		-
414		-	(iii) Meet the requirements of § 5 –204(a)(3) of the Business 16
415		-	Regulation Article. 17
416		-
417		-	7–202. 18
418		-
419		-	(a) (1) The Board consists of 11 members. 19
420		-
421		-	(2) Of the 11 Board members: 20
422		-
423		-	(i) 6 shall be licensed morticians or licensed funeral directors; and 21
424		-
425		-	(ii) 5 shall be consumer members. 22
426		-
427		-	(3) All Board members shall be residents of the State. 23
428		-
429		-	(4) (I) The Governor shall appoint each member with the advice of the 24
430		-	Secretary, and with the advice and consent of the Senate. 25
431		-
432		-	(II) THE GOVERNOR SHALL DESIGN ATE ONE MEMBER OF TH E 26
433		-	BOARD TO SERVE AS PRE SIDENT. 27
	423	+	(2) PERMANENT REVOCATION OF LICENSURE; AND 29
434	424		10 HOUSE BILL 1555
435	425
436	426
437		-	(5) The Board may not have more than one member who is employed by or 1
438		-	affiliated with, directly or indirectly, the same corporation, professional association, or 2
439		-	other entity, that owns, directly or through a subsidiary corporation, professional 3
440		-	association, or other entity, one or more funeral homes. 4
	427	+	(3) REFERRAL FOR CRIMINAL PROSECUTION . 1
441	428
442		-	~~(i) (1) The Governor may remove an appointed member: 5~~
	429	+	7–409. 2
443	430
444		-	(i) For [incompetence or misconduct]: 6
	431	+	(a) (1) Except as provided in subsection (b) of this section, all inspections of 3
	432	+	funeral establishments shall be unannounced and may take place at any time without 4
	433	+	notice from the Board. 5
445	434
446		-	1. REFUSING OR BEING UNA BLE TO PERFORM BOARD 7
447		-	DUTIES IN AN EFFICIE NT, RESPONSIBLE , AND PROFESSIONAL MAN NER; 8
	435	+	(2) (I) EACH YEAR, THE BOARD SHALL CONDUCT A T LEAST TWO 6
	436	+	UNANNOUNCED INSPECTI ONS OF EACH LICENSED FUNERAL EST ABLISHMENT TO 7
	437	+	ENSURE COMPLIANCE WI TH THIS TITLE. 8
448	438
449		-	2. MISUSING THE MEMBER ’S POSITION IN ORDER TO 9
450		-	OBTAIN FINANCIAL GAI N OR SEEK PERSONAL A DVANTAGE FOR THE MEM BER OR 10
451		-	OTHERS; 11
	439	+	(II) IF A LICENSED FUNERAL ESTABLISHMENT IS CITED FOR A 9
	440	+	SANITATION VIOLATION OR FOR THE MISHANDLI NG OF HUMAN REMAINS , THE 10
	441	+	BOARD SHALL CONDUCT AN UNA NNOUNCED INSPECTION OF THE LICENSED 11
	442	+	FUNERAL ESTABLISHMEN T WITHIN 30 DAYS AFTER THE CITATION WAS ISS UED. 12
452	443
453		-	3. BEING FOUND GUILTY OR OTHERWISE SANCTIONED 12
454		-	IN A FINAL ADJUDICAT ION OR DETERMINATION BY ANY LAWFUL AUTHOR ITY FOR 13
455		-	ANY VIOLATION OF LAW SUBSTANTIALLY RELATE D TO ANY PRACTICE GO VERNED 14
456		-	UNDER THIS TITLE ; OR 15
	444	+	(3) THE BOARD SHALL EMPLOY AT LEAST ONE INSPECT OR TO: 13
457	445
458		-	~~4. ANY JUST AND REASONAB LE CAUSE~~; ~~or 16~~
	446	+	(I) ENSURE COMPLIANCE WITH REGU LATORY REQUIREMENTS ; 14
459	447
460		-	(ii) Who, because of events that occur after the member’s 17
461		-	appointment or reappointment to the Board, causes the Board to be in violation of the 18
462		-	prohibition set forth in subsection (a)(5) of this section. 19
	448	+	(II) CONDUCT ROUTINE AND C OMPLAINT–BASED INSPECTIONS ; 15
	449	+	AND 16
463	450
464		-	(2) [Upon] ON the recommendation of the Secretary, the Governor may 20
465		-	remove an appointed member whom the Secretary finds to have been absent from [2] TWO 21
466		-	successive Board meetings without adequate reason. 22
	451	+	(III) RESPOND TO PUBLIC CONCERNS REGARDING VIOLATIONS 17
	452	+	OF THIS TITLE. 18
467	453
468		-	7–203. 23
	454	+	(b) An unannounced inspection may include advance notice that an inspector may 19
	455	+	be in the region of the funeral establishment for the purpose of conducting an inspection if: 20
469	456
470		-	(a) From among its members, the Board shall elect [a president,] a first vice 24
471		-	president[,] and a second vice president. 25
	457	+	(1) The advance notice is no more than 14 days prior to the inspection; 21
472	458
473		-	(b) The ~~Board shall determine:~~ 26
	459	+	(2) No specific date or time is provided for the inspection; and 22
474	460
475		-	(1) The manner of election of officers; 27
	461	+	(3) The advance notice is provided solely to ensure that a licensed 23
	462	+	mortician or funeral director will be on–site for the inspection. 24
476	463
477		-	(2) ~~The term of office of each officer;~~ ~~and 28~~
	464	+	(c) (1) This subsection applies to inspections conducted: 25
478	465
479		-	(3) The duties of each officer. 29
480		-
481		-	7–204. 30
	466	+	(i) In response to valid information provided to the Board resulting 26
	467	+	in a complaint being opened by the Board concerning the preparation or body storage areas 27
	468	+	of a licensed funeral establishment only if the Board has provided a copy of the complaint 28
	469	+	to the licensed funeral establishment; or 29
482	470		HOUSE BILL 1555 11
483	471
484	472
485		-	(a) ~~(1)~~ A ~~majority of~~ the ~~[full authorized membership of] MEMBERS THEN~~ 1
486		-	~~SERVING ON the Board is a quorum to do business~~. 2
	473	+	(ii) Of a funeral establishment that the Board has placed on 1
	474	+	probationary status in accordance with § 7–316(b) of this title. 2
487	475
488		-	(2) A MAJORITY VOTE OF THE QUORUM PRESENT AT A MEETING OF 3
489		-	THE BOARD IS REQUIRED FOR BINDING ACTION OF TH E BOARD TO BE TAKEN . 4
	476	+	(2) A trained staff member of the Board who is qualified to do inspections 3
	477	+	may call the supervising mortician of a licensed funeral establishment, as designated under 4
	478	+	§ 7–310(e) of this title, and request immediate access to the preparation and body storage 5
	479	+	areas of the funeral establishment. 6
490	480
491		-	(b) (1) The Board shall meet at least once a year, at the times and places that 5
492		-	it sets in its bylaws and rules and regulations. 6
	481	+	(3) If a request is made under paragraph (2) of this subsection, the 7
	482	+	supervising mortician immediately shall provide the staff member of the Board with the 8
	483	+	location of the key or access code to the preparation or body storage areas of the funeral 9
	484	+	establishment. 10
493	485
494		-	(2) The Board shall hold special meetings that: 7
	486	+	(4) An employee of a licensed funeral establishment is not required to 11
	487	+	accompany a staff member of the Board while the staff member conducts an inspection of 12
	488	+	a preparation or body storage area in accordance with this subsection. 13
495	489
496		-	(i) It considers necessary; or 8
	490	+	(d) An unannounced inspection of a licensed funeral establishment shall be 14
	491	+	conducted during the hours that the business of mortuary science is being conducted at the 15
	492	+	licensed funeral establishment. 16
497	493
498		-	(ii) The Secretary directs. 9
	494	+	(e) Within 24 hours after the completion of an unannounced inspection of a 17
	495	+	licensed funeral establishment, the Board shall provide the results of the inspection to: 18
499	496
500		-	(c) ~~Each appointed member~~ of the ~~Board is entitled to:~~ 10
	497	+	(1) The holder of the funeral establishment license; or 19
501	498
502		-	(1) ~~Compensation in accordance with~~ the ~~budget of~~ the ~~Board for each 11~~
503		-	~~meeting that the member attends;~~ ~~and 12~~
	499	+	(2) The supervising mortician for the licensed funeral establishment, as 20
	500	+	designated under § 7–310(e) of this title. 21
504	501
505		-	(2) Reimbursement for expenses at a rate determined by the Board. 13
506		-
507		-	7–205.1. 14
508		-
509		-	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , ON 15
510		-	RECEIPT OF A COMPLAI NT, BOARD STAFF SHALL PRE SENT THE COMPLAINT T O THE 16
511		-	BOARD FOR REVIEW . 17
512		-
513		-	(B) IF THE EXECUTIVE DIRECTOR DETERMINES T HAT A COMPLAINT 18
514		-	ALLEGES FACTS THAT , IF TRUE, WOULD POSE AN IMMINE NT THREAT TO HUMAN 19
515		-	SAFETY, THE EXECUTIVE DIRECTOR MA Y DIRECT THE IMMEDIA TE INVESTIGATION 20
516		-	OF THE COMPLAINT . 21
517		-
518		-	(C) A COMPLAINT OPENED UND ER SUBSECTION (B) OF THIS SECTION SHAL L 22
519		-	BE PRESENTED TO THE BOARD FOR REVIEW AT T HE NEXT SCHEDULED ME ETING OF 23
520		-	THE BOARD. 24
521		-
522		-	7–209. 25
523		-
524		-	THE BOARD SHALL: 26
525		-
526		-	(1) ESTABLISH ESTABLISH AND MAINTAIN A PUBLI CLY ACCESSIBLE , 27
527		-	ONLINE DATABASE THAT INCLUDES INFORMATION REGARDING EACH VIOLATION BY 28
528		-	DISCIPLINARY ACTION TAKEN BY THE BOARD UNDER § 7–316 OF THIS SUBTITLE 29 12 HOUSE BILL 1555
529		-
530		-
531		-	AGAINST, AND INSPECTION OF , AND COMPLAINT AGAINS T EACH FUNERAL 1
532		-	ESTABLISHMENT; 2
533		-
534		-	(2) NOTIFY THE AUTHORIZIN G AGENT WITHIN 24 HOURS AFTER THE 3
535		-	BOARD BECOMES AWARE O F A DELAY, AN EQUIPMENT FAILURE , OR A REGULATORY 4
536		-	VIOLATION THAT INVOL VES A DECEDENT ’S REMAINS; AND 5
537		-
538		-	(3) PUBLISH ON ITS WEBSIT E EACH REPORT SUBMIT TED UNDER § 6
539		-	7–210 OF THIS SUBTITLE . 7
540		-
541		-	7–210. 8
542		-
543		-	ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL SUBMIT A 9
544		-	REPORT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND 10
545		-	GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 11
546		-	STATE GOVERNMENT ARTICLE, THAT INCLUDES: 12
547		-
548		-	(1) THE RESULTS OF INSPEC TIONS CONDUCTED UNDE R § 7–409 OF 13
549		-	THIS TITLE, INCLUDING ANY VIOLAT IONS AND CORRECTIVE ACTIONS TAKEN ; 14
550		-
551		-	(2) THE NUMBER OF COMPLAI NTS RECEIVED AND THE RESOLUTIONS 15
552		-	OF EACH COMPLAINT ; AND 16
553		-
554		-	(3) RECOMMENDATIONS FOR I MPROVING THE REGULATION OF 17
555		-	FUNERAL ESTABLISHMEN TS. 18
556		-
557		-	7–316. 19
558		-
559		-	(b) Subject to the hearing provisions of § 7–319 of this subtitle, the Board may 20
560		-	deny a license to an applicant for a funeral establishment license, reprimand the holder of 21
561		-	a funeral establishment license, place the holder of a funeral establishment license on 22
562		-	probation, or suspend or revoke a funeral establishment license if, with the knowledge or 23
563		-	at the direction of the funeral establishment: 24
564		-
565		-	(2) An employee of the funeral establishment fails to comply with § 25
566		-	5–513(b) [and] OR (d) of the Health – General Article; or 26
567		-
568		-	7–317.1. 27
569		-
570		-	IF THE BOARD FINDS THAT A PE RSON HAS VIOLATED TH IS TITLE WITH GROSS 28
571		-	NEGLIGENCE , IMPROPERLY HANDLED H UMAN REMAINS , OR REPEATEDLY VIOLAT ED 29
572		-	THIS TITLE, THE PERSON IS SUBJECT TO: 30
573		-
574		-	(1) A CIVIL PENALTY NOT EX CEEDING $50,000 $25,000; 31
575		-	HOUSE BILL 1555 13
576		-
577		-
578		-	(2) PERMANENT REVOCATION OF LICENSURE; AND 1
579		-
580		-	(3) REFERRAL FOR CRIMINAL PROSECUTION . 2
581		-
582		-	7–318.1. 3
583		-
584		-	(A) IF THE BOARD REFERS A CASE T O THE OFFICE OF THE ATTORNEY 4
585		-	GENERAL FOR PROSECUTI ON, A LIAISON SHALL BE ASS IGNED TO ASSIST THE 5
586		-	PROSECUTOR WITH THE PREPARATION OF THE C HARGES. 6
587		-
588		-	(B) THE EXECUTIVE DIRECTOR MAY DIRECT T HE LIAISON TO PREPAR E 7
589		-	CHARGES IF THE EXECUTIVE DIRECTOR DETERMINES T HAT: 8
590		-
591		-	(1) A COMPLAINT THAT HAS B EEN REFERRED FOR PRO SECUTION 9
592		-	UNDER SUBSECTION (A) OF THIS SECTION ALLE GES FACTS THAT , IF TRUE, WOULD 10
593		-	POSE AN IMMINENT THR EAT TO HUMAN SAFETY ; OR 11
594		-
595		-	(2) OTHER EXIGENT CIRCUMS TANCES EXIST. 12
596		-
597		-	7–320. 13
598		-
599		-	[(c) If a person notes an appeal from an order of suspension or revocation by the 14
600		-	Board, the order is stayed.] 15
601		-
602		-	7–409. 16
603		-
604		-	(a) (1) Except as provided in subsection (b) of this section, all inspections of 17
605		-	funeral establishments shall be unannounced and may take place at any time without 18
606		-	notice from the Board. 19
607		-
608		-	(2) (I) EACH YEAR, THE BOARD A TRAINED STAFF MEMB ER OF THE 20
609		-	BOARD WHO IS QUALIFIE D TO DO INSPECTIONS SHALL CONDUCT AT LEA ST TWO 21
610		-	UNANNOUNCED INSPECTI ONS OF EACH LICENSED FUNERAL ESTABLISHMEN T THAT 22
611		-	IS UNDER PROBATION U NDER § 7–317 OF THIS TITLE TO ENSURE COMPLIANCE WITH 23
612		-	THIS TITLE. 24
613		-
614		-	(II) IF A LICENSED FUNERAL ESTABLISHMENT IS CIT ED FOR A 25
615		-	SANITATION VIOLATION OR FOR THE MISHANDLI NG OF HUMAN REMAINS , THE 26
616		-	BOARD SHALL CONDUCT A N UNANNOUNCED INSPEC TION OF THE LICENSED 27
617		-	FUNERAL ESTABLISHMEN T WITHIN 30 DAYS AFTER THE CITAT ION WAS ISSUED. 28
618		-
619		-	(3) THE BOARD SHALL EMPLOY AT LEAST ONE INSPECTOR TO: 29
620		-
621		-	(I) ENSURE COMPLIANCE WIT H REGULATORY REQUIRE MENTS; 30
622		-	14 HOUSE BILL 1555
623		-
624		-
625		-	(II) CONDUCT ROUTINE AND C OMPLAINT–BASED INSPECTIONS ; 1
626		-	AND 2
627		-
628		-	(III) RESPOND TO PUBLIC CON CERNS REGARDING VIOL ATIONS 3
629		-	OF THIS TITLE. 4
630		-
631		-	(b) An unannounced inspection may include advance notice that an inspector may 5
632		-	be in the region of the funeral establishment for the purpose of conducting an inspection if: 6
633		-
634		-	(1) The advance notice is no more than 14 days prior to the inspection; 7
635		-
636		-	(2) No specific date or time is provided for the inspection; and 8
637		-
638		-	(3) The advance notice is provided solely to ensure that a licensed 9
639		-	mortician or funeral director will be on–site for the inspection. 10
640		-
641		-	(c) (1) This subsection applies to inspections conducted: 11
642		-
643		-	(i) In response to valid information provided to the Board resulting 12
644		-	in a complaint being opened by the Board concerning the preparation or body storage areas 13
645		-	of a licensed funeral establishment only if the Board has provided a copy of the complaint 14
646		-	to the licensed funeral establishment; or 15
647		-
648		-	(ii) Of a funeral establishment that the Board has placed on 16
649		-	probationary status in accordance with § 7–316(b) of this title. 17
650		-
651		-	(2) A trained staff member of the Board who is qualified to do inspections 18
652		-	may call the supervising mortician of a licensed funeral establishment, as designated under 19
653		-	§ 7–310(e) of this title, and request immediate access to the preparation and body storage 20
654		-	areas of the funeral establishment. 21
655		-
656		-	(3) If a request is made under paragraph (2) of this subsection, the 22
657		-	supervising mortician immediately shall provide the staff member of the Board with the 23
658		-	location of the key or access code to the preparation or body storage areas of the funeral 24
659		-	establishment. 25
660		-
661		-	(4) An employee of a licensed funeral establishment is not required to 26
662		-	accompany a staff member of the Board while the staff member conducts an inspection of 27
663		-	a preparation or body storage area in accordance with this subsection. 28
664		-
665		-	(d) An unannounced inspection of a licensed funeral establishment shall be 29
666		-	conducted during the hours that the business of mortuary science is being conducted at the 30
667		-	licensed funeral establishment. 31
668		-
669		-	(e) Within 24 hours after the completion of an unannounced inspection of a 32
670		-	licensed funeral establishment, the Board shall provide the results of the inspection to: 33
671		-	HOUSE BILL 1555 15
672		-
673		-
674		-	(1) The holder of the funeral establishment license; or 1
675		-
676		-	(2) The supervising mortician for the licensed funeral establishment, as 2
677		-	designated under § 7–310(e) of this title. 3
678		-
679		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
680		-	as follows: 5
681		-
682		-	Article – Health Occupations 6
683		-
684		-	7–204. 7
685		-
686		-	(d) [(1)] The Board may appoint a Board secretary, who may be a member of the 8
687		-	Board. 9
688		-
689		-	[(2) The Board may employ inspectors and other staff in accordance with 10
690		-	the budget of the Board.] 11
691		-
692		-	(E) (1) THE SECRETARY MAY EMPLOY A STAFF FOR THE BOARD IN 12
693		-	ACCORDANCE WITH THE STATE BUDGET . 13
694		-
695		-	(2) THE SECRETARY MAY DESIGNA TE ONE OF THE STAFF AS AN 14
696		-	EXECUTIVE DIRECTOR . 15
697		-
698		-	(3) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 16
699		-	OF THE BOARD IN A POSITION T HAT: 17
700		-
701		-	(I) IS UNIQUE TO THE BOARD; 18
702		-
703		-	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 19
704		-	THE DUTIES OF THE PO SITION; AND 20
705		-
706		-	(III) DOES NOT REQUIRE THE EMPLOYEE TO P ERFORM 21
707		-	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 22
708		-	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 23
709		-
710		-	(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 24
711		-	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 25
712		-	WHICH THE SECRETARY MAY SET COMPENSATION UNDER PARAGRAPH (3) OF THIS 26
713		-	SUBSECTION. 27
714		-
715		-	7–206. 28
716		-
717		-	(a) There is a State Board of Morticians and Funeral Directors Fund. 29
718		-	16 HOUSE BILL 1555
719		-
720		-
721		-	(d) (1) The Fund shall be used to cover the actual documented direct and 1
722		-	indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by 2
723		-	the provisions of this article. 3
724		-
725		-	(2) The Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the 4
726		-	State Finance and Procurement Article. 5
727		-
728		-	(3) Any unspent portions of the Fund may not be transferred or revert to 6
729		-	the General Fund of the State, but shall remain in the Fund to be used for the purposes 7
730		-	specified in this article. 8
731		-
732		-	[(4) No other State money may be used to support the Fund.] 9
733		-
734		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
735		-	October 1, 2025. 11
736		-
737		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 12
738		-	measure, is necessary for the immediate preservation of the public health or safety, has 13
739		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 14
740		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 15
741		-	enacted. Section 2 of this Act shall remain effective through September 30, 2028, and, at 16
742		-	the end of September 30, 2028, this Act, with no further action required by the General 17
743		-	Assembly, shall be abrogated and of no further force and effect. 18
744		-
745		-
746		-
747		-
748		-	Approved:
749		-	________________________________________________________________________________
750		-	Governor.
751		-	________________________________________________________________________________
752		-	Speaker of the House of Delegates.
753		-	________________________________________________________________________________
754		-	President of the Senate.
	502	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
	503	+	October 1, 2025. 23