PROPOSAL
Maryland Register
Issue Date: December 23, 2016
Volume 43 • Issue 26 • Pages 1492—1494
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS
10.29.09 Requirements for Apprenticeship
Authority: Health Occupations Article, §§7–101, 7-205, 7-305, and 7-306, Annotated Code of Maryland
Notice of Proposed Action
[16-345-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulations .02—.06, .11, and .14 under COMAR 10.29.09 Requirements for Apprenticeship. This action was considered at a public meeting on October 12, 2016, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/bom/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Define certain terms;
(2) Provide that an apprentice sponsor shall meet certain qualifications in order to be approved as an apprentice sponsor;
(3) Clarify that the apprentice’s sponsor may delegate supervision to another licensed mortician or funeral director and that the sponsor assumes full responsibility on their license for the delegate or apprentice sponsor’s conduct;
(4) Revise the list of practical experiences required for an applicant for a license as a funeral director to complete;
(5) Revise the list of practical experiences required for an applicant for a license as a mortician to complete;
(6) Revise the documentation required to show completion of the requirements of an apprenticeship;
(7) Increase the clinical embalming assists from 20 to 25 for individuals studying to be a mortician;
(8) Limit the number of sponsors an apprentice shall have and require that each sponsor attest to the Board what each sponsor is responsible for teaching the apprentice;
(9) Revise the apprentice licensure requirements;
(10) Provide that an apprentice may participate in making funeral arrangements with the sponsor or sponsor’s delegate but may not make funeral arrangements, including pre-need arrangements, unless the apprentice is under the direct supervision of the sponsor or sponsor’s delegate; and
(11) Clarify that an apprentice may not sign a funeral establishment contract.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 23, 2017. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Apprentice sponsor” means a mortician or funeral director who:
(a) Has [completed at least 20 services or embalmings] been in good standing with the Board for the previous 5 years;
(b) Has been practicing mortuary science as a licensed mortician or funeral director in Maryland at least [1 year] 5 years immediately before accepting the apprentice;
(c) Manages, owns, or is employed [in one or more] by a licensed funeral [establishments] establishment in Maryland in which the licensed apprentice is employed; [and]
(d) [May be employed by the sponsor or delegated by the sponsor to provide instruction to the sponsor’s apprentice] Is responsible for the direct supervision of 1,000 hours of work with the apprentice; and
(e) Assumes responsibility on their individual license for the delegate or apprentice’s conduct, whether it is consistent or fails to be consistent with the professional standards and provisions set forth in Health Occupations Article, Title 7, Annotated Code of Maryland.
(3)—(4) (text unchanged)
(5) “Delegate” means a licensed mortician or a licensed funeral director employed by the same licensed funeral establishment as the apprentice sponsor and to whom the apprentice sponsor delegates direct supervision.
(6) “Direct supervision” has the same meaning as in Health Occupations Article, §7-306(e)(3), Annotated Code of Maryland.
[(5)] (7) (text unchanged)
[(6)] (8) “Licensed apprentice” means an apprentice who is licensed by the Board to assist [a licensed mortician or funeral director in the practice of mortuary science] the apprentice sponsor or a licensee delegated by the sponsor to provide direct supervision.
[(7)] (9)—[(8)] (10) (text unchanged)
.03 Requirements of Apprenticeship [— Funeral Service Arrangement].
A. To meet the apprentice requirements set forth in Health Occupations Article, §7-306, Annotated Code of Maryland, an applicant for a mortician’s or funeral director’s license shall be employed in the same Maryland establishment as the applicant’s sponsor or the sponsor’s delegate and serve under the direct supervision of the applicant’s sponsor or the sponsor’s delegate.
B. (text unchanged)
C. Applicants shall obtain practical experience in funeral service arrangements [consisting of], including:
[(1) Assisting the mortician or funeral director in:
(a) Preparing a car list;
(b) Seating arrangements;
(c) Counseling the family; and
(d) The use and care of physical equipment;
(2) Handling floral pieces, including:
(a) Receipt and proper arrangement;
(b) The proper listing of senders and kinds of flowers; and
(c) The proper care of floral pieces at the cemetery;
(3) Securing necessary certificates from physicians and medical examiners, and records incident to disposition;
(4) Removing the deceased to the funeral establishment;
(5) Making clothing arrangements;
(6) Assisting in the selection of the following:
(a) Casket;
(b) Outer burial container; or
(c) Urn;
(7) Assisting in the arrangement of the interment;
(8) Arranging military or fraternal organization services; and
(9) Assisting in the arrangement of a cremation, including filling out and securing proper signatures on the:
(a) Authorization for Cremation form; and
(b) Identification form.]
(1) 20 funeral directions and at least one of each of the following:
(a) A pre-need arrangement;
(b) An at-need arrangement for burial;
(c) A cremation arrangement; and
(d) A cemetery transfer with a service; and
(2) 1,000 hours worked under the direct supervision of the apprentice sponsor or the sponsor’s delegate.
D. An applicant for a mortician’s license shall obtain practical experience in funeral service arrangements consisting of:
(1) Participation in the activities outlined in §C of this regulation; and
(2) 25 embalmings under the direct supervision of the sponsor or the sponsor’s delegate.
.04 Documentation.
A. An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a mortician’s license:
(1) (text unchanged)
(2) On the mortician application form provided by the Board, evidence of participation in:
(a) [20] 25 embalming assists with corresponding copies of the filed death certificates for the embalmed human remains; and
(b) [20] 24 funeral direction assists, as specified in Regulation .03C(1) of this chapter, with a corresponding published notice of the service for each of the at least [20] 24 decedents and a copy of the filed death certificate;
(3) A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of 1,000 hours worked under the direct supervision of the apprentice sponsor; [and]
(4) Embalming reports signed by the apprentice and apprentice sponsor to document the apprentice’s participation in [20] 25 embalmings; and
(5) Documentation on a form provided by the Board and signed by the apprentice and apprentice sponsor or the sponsor’s delegate of participation in:
(a) A pre-need arrangement;
(b) An at-need arrangement for burial;
(c) A cremation arrangement; and
(d) A cemetery transfer with a service.
B. An apprentice shall submit documentation to the Board of completion of the following requirements to be considered for a funeral director’s license:
(1)—(2) (text unchanged)
(3) A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of:
(a) 20 funeral directions and at least one of each of the following:
(i) A pre-need arrangement;
(ii) An at-need arrangement for burial;
(iii) A cremation arrangement; and
(iv) A cemetery transfer with a service; and
(b) 1,000 hours worked under the direct supervision of the apprentice sponsor or sponsor’s delegate.
.05 Embalming Requirements for Mortuary Science Apprenticeship.
[A. Applicants for an apprenticeship who are studying to be a mortician shall obtain experience in the embalming of dead human bodies which includes training in:
(1) Theoretical and practical aspects of the following:
(a) Anatomy;
(b) Sanitation;
(c) Disinfection; and
(d) Embalming;
(2) Methods for the care and preparation of dead human bodies for final disposition; and
(3) The laws and regulations on infectious diseases.
B. An apprentice shall submit documentation signed by the sponsor on the form required by the Board of the apprentice’s participation in at least 20 embalmings.]
[C.] A. If the apprentice sponsor has more than one apprentice, unless otherwise approved by the Board, only one apprentice may receive credit on the same [body] human remains if more than one apprentice assisted the apprentice sponsor.
[D.] B. (text unchanged)
.06 Commencement of Apprenticeship.
A. The apprentice and the apprentice sponsor or sponsors shall appear before the Board and receive the Board’s approval of the apprenticeship before the apprenticeship commences.
B. (text unchanged)
[C. The apprentice sponsor shall submit proof of completion of 20 embalmings or services]
C. The apprentice may have no more than two sponsors who shall attest to the Board what each sponsor is responsible for teaching the apprentice.
D. The apprentice sponsor shall assume responsibility on their individual license for the delegate or apprentice’s conduct, whether it is consistent or fails to be consistent with the professional standards and provisions set forth in Health Occupations Article, Title 7, Annotated Code of Maryland.
.11 General Requirements.
A.—D. (text unchanged)
E. The applicant shall:
(1) Apply for apprenticeship on the form required by the Board; and
(2) Pay the fee as specified in COMAR 10.29.04[; and
(3) Be of good moral character and may not have committed any of the grounds for discipline specified in Health Occupations Article, §7-316, Annotated Code of Maryland].
.14 Prohibitions.
A. (text unchanged)
B. An apprentice may participate in making funeral arrangements with the sponsor or the sponsor’s delegate, but may not make funeral arrangements, including pre-need funeral arrangements, embalm [a dead] human [body] remains, or conduct funerals, including graveside or committal services, unless the apprentice is under the direct supervision of the sponsor [is on the premises or at the site of final disposition] or the sponsor’s delegate.
C. An apprentice may not [make preneed funeral arrangements or] sign a [preneed] funeral establishment contract.
D.—F. (text unchanged)
VAN T. MITCHELL
Secretary of Health and Mental Hygiene
