(i) 6 shall be licensed morticians or licensed funeral directors; and
(ii) 5 shall be consumer members.
(3) All Board members shall be residents of the State.
(4) The Governor shall appoint each member with the advice of the Secretary, and with the advice and consent of the Senate.
(5) The Board may not have more than one member who is employed by or affiliated with, directly or indirectly, the same corporation, professional association, or other entity, that owns, directly or through a subsidiary corporation, professional association, or other entity, one or more funeral homes.
Mortician members
(b)(1) Each mortician member shall:
(i) Be a licensed mortician whose license is in good standing with the Board; and
(ii) Have practiced mortuary science actively for at least 5 years immediately before appointment.
(2) In this subsection, “good standing” means that the Board has not reprimanded the licensee, suspended, or revoked the mortician's license or placed the licensee on probation within 5 years' time prior to or after confirmation to the Board.
(3) To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a mortician license under this title.
Funeral director members
(c)(1) Each funeral director member shall:
(i) Be a licensed funeral director whose license is in good standing with the Board; and
(ii) Have practiced funeral direction actively for at least 5 years immediately before appointment.
(2) In this subsection, “good standing” means that the Board has not reprimanded the licensee, suspended, or revoked the funeral director's license or placed the licensee on probation within 5 years' time prior to or after confirmation to the Board.
(3) To qualify for appointment to the Board, the licensee must meet all other qualifications required for renewal of a funeral director license under this title.
Notice of mortician or funeral director vacancies
(d)(1) For each licensed mortician or licensed funeral director vacancy, the Board shall send by electronic mail or regular mail a notice of the vacancy to:
(i) Each mortician and funeral director licensed by the Board; and
(ii) Each professional association that represents morticians and funeral directors in the State and requests that the Board send it solicitations for nominations to fill vacancies.
(2) A notice sent under paragraph (1) of this subsection shall include:
(i) The type of member vacancy;
(ii) The qualifications for the member vacancy; and
(iii) A detailed explanation of the process for applying for the member vacancy.
Consumer members
(e) Each consumer member of the Board:
(1) Shall be a member of the general public;
(2) May not be or ever have been a mortician, funeral director, or apprentice;
(3) May not have a household member who is a mortician, funeral director, or apprentice;
(4) May not participate or ever have participated in a commercial or professional field related to the practice of mortuary science;
(5) May not have a household member who participates in a commercial or professional field related to the practice of mortuary science; and
(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
Financial interest
(f) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
Oath
(g) Before taking office, each member of the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
Term, vacancies
(h)(1) The term of an appointed member is 4 years, except that the initial term of 1 of the consumer members is 3 years.
(2) The terms of appointed members are staggered as required by the terms provided for members of the Board on July 1, 1981.
(3) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5) To the extent practicable, the Governor shall fill any vacancy on the Board occurring during the term of an appointed member within 60 days of the date of the vacancy.
(6) A member may not serve more than 2 consecutive full terms.
Removal of appointed member
(i)(1) The Governor may remove an appointed member:
(i) For incompetence or misconduct; or
(ii) Who, because of events that occur after the member's appointment or reappointment to the Board, causes the Board to be in violation of the prohibition set forth in subsection (a)(5) of this section.
(2) Upon the recommendation of the Secretary, the Governor may remove an appointed member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
Credits
Added as Health Occupations § 6-202 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1982, c. 42, § 1, eff. April 13, 1982; Acts 1982, c. 411, eff. July 1, 1982. Renumbered as Health Occupations § 7-202 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1991, c. 375, § 1, eff. July 1, 1991; Acts 1992, c. 155, § 1, eff. Oct. 1, 1992; Acts 1992, c. 433, § 1, eff. Oct. 1, 1992; Acts 1992, c. 434, § 1, eff. Oct. 1, 1992; Acts 2000, c. 67, § 1, eff. Oct. 1, 2000; Acts 2008, c. 583, § 1, eff. July 1, 2008; Acts 2009, c. 60, § 5, eff. April 14, 2009; Acts 2015, c. 433, § 1, eff. June 1, 2015.
Formerly Art. 43, §§ 339, 340.
MD Code, Health Occupations, § 7-202, MD HEALTH OCCUP § 7-202
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
