Maryland 2025 Regular Session

Maryland Senate Bill SB957 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0957
6	6
7	7	SENATE BILL 957
8	8	J2 5lr3084
9	9	CF 5lr2926
10	10	By: Senator Waldstreicher
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Morticians and Funeral Directors – Not–For–Profit Funeral Establishments 2
19	19
20	20	FOR the purpose of altering the definition of “corporation” for the purpose of provisions 3
21	21	relating to the provision of mortuary sciences and the operation of a funeral 4
22	22	establishment to include a not–for–profit organization that is exempt from taxation 5
23	23	under a certain provision of federal law; authorizing the State Board of Morticians 6
24	24	and Funeral Directors to issue and renew a license to practice funeral direction to a 7
25	25	certain not–for–profit organization; and generally relating to not–for–profit funeral 8
26	26	establishments. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Health Occupations 11
30	30	Section 7–101(a) 12
31	31	Annotated Code of Maryland 13
32	32	(2021 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Health Occupations 16
36	36	Section 7–101(f), 7–309, and 7–310 17
37	37	Annotated Code of Maryland 18
38	38	(2021 Replacement Volume and 2024 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Health Occupations 22
44	44
45	45	7–101. 23
46	46
47	47	(a) In this title the following words have the meanings indicated. 24
48	48	2 SENATE BILL 957
49	49
50	50
51	51	(f) (1) “Corporation” means [a]: 1
52	52
53	53	(I) A mortuary science business whose articles of incorporation are 2
54	54	in good standing with the Maryland State Department of Assessments and Taxation, or its 3
55	55	successor, the initial business for which the license is issued must have been incorporated 4
56	56	on or before June 1, 1945 and have “Incorporated”, “Inc.”, or “Corporation” in its name; OR 5
57	57
58	58	(II) A NOT–FOR–PROFIT ORGANIZATION THAT IS EXEMPT FROM 6
59	59	TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE. 7
60	60
61	61	(2) “Corporation” does not include, for purposes of issuing a corporation 8
62	62	license, a “professional association” (P.A.) or a “professional corporation” (P.C.). 9
63	63
64	64	7–309. 10
65	65
66	66	(a) Except as otherwise provided by law, a corporation may not operate a 11
67	67	mortuary science business and the Board may not issue a license to or list any corporation 12
68	68	as licensed to operate a mortuary science business. 13
69	69
70	70	(B) THE BOARD MAY ISSUE A LIC ENSE TO A CORPORATIO N DEFINED IN § 14
71	71	7–101(F)(1)(II) OF THIS TITLE THAT : 15
72	72
73	73	(1) HAS THE STATED PURPOS E OF PRACTICING FUNE RAL DIRECTION ; 16
74	74
75	75	(2) SUBMITS AN APPLICATIO N ON A FORM REQUIR ED BY THE BOARD; 17
76	76	AND 18
77	77
78	78	(3) PAYS A FEE SET BY THE BOARD. 19
79	79
80	80	[(b)] (C) The Board may renew only the license of a corporation that: 20
81	81
82	82	(1) (I) 1. On June 1, 1945, held a license issued by this State; AND 21
83	83
84	84	[(2)] 2. Has been renewed continuously since that date; OR 22
85	85
86	86	(II) WAS ISSUED A LICENSE UNDER SUBSECTION (B) OF THIS 23
87	87	SECTION; 24
88	88
89	89	[(3)] (2) Submits an application on a form required by the Board; and 25
90	90
91	91	[(4)] (3) Pays a fee set by the Board. 26
92	92
93	93	[(c)] (D) Each application for renewal made by a corporation shall state the 27
94	94	name and address of each officer and director of the corporation. 28
95	95	SENATE BILL 957 3
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97	97
98	98	[(d)] (E) While a corporation license is effective, it authorizes a corporation to 1
99	99	operate a mortuary science business only if any practice of mortuary science that is 2
100	100	conducted for the corporation is practiced by a licensed individual. 3
101	101
102	102	[(e)] (F) A corporation may not operate a branch funeral establishment unless 4
103	103	[the]: 5
104	104
105	105	(1) THE branch funeral establishment was in operation on or before 6
106	106	October 1, 1964; OR 7
107	107
108	108	(2) THE CORPORATION WAS I SSUED A LICENSE UNDE R SUBSECTION 8
109	109	(B) OF THIS SECTION . 9
110	110
111	111	[(f)] (G) If a corporation is sold, declares bankruptcy, or ceases to operate, 10
112	112	written notice must be submitted to: 11
113	113
114	114	(1) The Board, within 2 weeks of the occurrence, detailing the changes and 12
115	115	the arrangements for carrying out the pre–need contracts and disbursement of the money 13
116	116	held in escrow; and 14
117	117
118	118	(2) The holders of pre–need contracts advising them of their options under 15
119	119	Maryland law. 16
120	120
121	121	7–310. 17
122	122
123	123	(a) (1) A funeral establishment shall be licensed by the Board before the 18
124	124	establishment may be used for the preparation of the remains, viewing, or conducting of 19
125	125	services. 20
126	126
127	127	(2) The licensee may be restricted to operations as determined by the 21
128	128	Board. 22
129	129
130	130	(b) (1) To apply for a funeral establishment license, an applicant shall: 23
131	131
132	132	(i) Submit an application to the Board on the form that the Board 24
133	133	requires; and 25
134	134
135	135	(ii) Pay to the Board: 26
136	136
137	137	1. An application fee set by the Board; and 27
138	138
139	139	2. The fee established under § 7–4A–05(a) of this title. 28
140	140
141	141	(2) An application for a funeral establishment license shall be signed by a 29
142	142	licensed individual who [is]: 30
143	143	4 SENATE BILL 957
144	144
145	145
146	146	(I) IS not an apprentice but is the owner or co–owner of the 1
147	147	establishment to be licensed; OR 2
148	148
149	149	(II) CONDUCTS THE PRACTICE OF MORTUARY SCIENCE OR 3
150	150	FUNERAL DIRECTION FO R A NOT–FOR–PROFIT ORGANIZATION LICENSED UNDER § 4
151	151	7–309(B) OF THIS SUBTITLE . 5
152	152
153	153	(c) The Board shall issue a funeral establishment license to a funeral 6
154	154	establishment that: 7
155	155
156	156	(1) Has complied with all applicable State and local laws; and 8
157	157
158	158	(2) Will be: 9
159	159
160	160	(i) Owned and operated in accordance with this title by [an]: 10
161	161
162	162	1. AN individual who is or a group of individuals in which 11
163	163	each individual is: 12
164	164
165	165	[1.] A. A licensed mortician; 13
166	166
167	167	[2.] B. A licensed funeral director; or 14
168	168
169	169	[3.] C. A holder of a surviving spouse license; OR 15
170	170
171	171	2. A NOT–FOR–PROFIT ORGANIZATION THAT EMPLOYS : 16
172	172
173	173	A. A LICENSED MORTICIAN ; 17
174	174
175	175	B. A LICENSED FUNERAL DIR ECTOR; OR 18
176	176
177	177	C. A HOLDER OF A SURVIVIN G SPOUSE LICENSE; 19
178	178
179	179	(ii) Owned and operated in accordance with this title by a holder of 20
180	180	a corporation license; or 21
181	181
182	182	(iii) Operated in accordance with this title by a holder of an executor 22
183	183	license. 23
184	184
185	185	(d) Signs and advertisements of a funeral establishment shall display the name 24
186	186	that appears on the establishment license. 25
187	187
188	188	(e) (1) Each licensed funeral establishment shall have a supervising 26
189	189	mortician. 27
190	190	SENATE BILL 957 5
191	191
192	192
193	193	(2) A licensed funeral establishment shall designate a licensed mortician 1
194	194	whose license is in good standing with the Board to be the supervising mortician for the 2
195	195	funeral establishment. 3
196	196
197	197	(3) A licensed mortician designated to be the supervising mortician for a 4
198	198	funeral establishment shall complete the registration required by the Board. 5
199	199
200	200	(4) A mortician whose license is not in good standing in the State or any 6
201	201	other jurisdiction may not be a supervising mortician. 7
202	202
203	203	(5) The supervising mortician for a funeral establishment shall be: 8
204	204
205	205	(i) Held responsible for all activities performed on behalf of the 9
206	206	funeral establishment with the knowledge or at the direction of the supervising mortician; 10
207	207	and 11
208	208
209	209	(ii) Except as provided in paragraph (6) of this subsection, limited to 12
210	210	supervising: 13
211	211
212	212	1. One funeral establishment with an embalming facility; 14
213	213	and 15
214	214
215	215	2. No more than three funeral establishments total that are 16
216	216	within close enough proximity to each other to allow for oversight of each funeral 17
217	217	establishment. 18
218	218
219	219	(6) The limits on the number of funeral establishments a supervising 19
220	220	mortician may supervise as provided for in paragraph (5)(ii) of this subsection do not apply 20
221	221	if a funeral establishment prepares for the disposition of less than 75 bodies in a calendar 21
222	222	year. 22
223	223
224	224	(7) If a supervising mortician for a funeral establishment relinquishes the 23
225	225	supervising mortician’s responsibility under paragraph (5)(i) of this subsection for any 24
226	226	reason, the funeral establishment shall name an interim supervising mortician who shall 25
227	227	be held responsible for all activities performed on behalf of the funeral establishment, with 26
228	228	the knowledge or at the direction of the interim supervising mortician, until a new 27
229	229	supervising mortician for the funeral establishment registers with the Board. 28
230	230
231	231	(f) A funeral establishment that uses a central preparation room at another 29
232	232	funeral establishment is not required to have its own preparation room or holding room. 30
233	233
234	234	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
235	235	October 1, 2025. 32
236	236