REPROPOSAL
Maryland Register
Issue Date: June 9, 2017
Volume 44 • Issue 12 • Pages 594—595
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-R]
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 for reproposal at a public meeting held on February 8, 2017, 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. Because substantive changes have been made to the original proposal as published in 43:26 Md. R. 1492—1494 (December 23, 2016), this action is being reproposed at this time.
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.
The reproposed text is in response to a comment received from the Funeral Consumers Alliance and Environs (FCAE) during the original comment period. The FCAE recommends that an apprentice shall complete at least four pre-need arrangements, four at-need arrangements, four cremation arrangements, and four cemetery transfers with a service to qualify for a mortician’s or funeral director’s license. The FCAE also recommends that to qualify for a mortician’s license, an apprentice shall submit documentation to the Board of completion of the same on a form signed by the apprentice and the apprentice sponsor, and that to qualify for a funeral director’s license, an apprentice shall submit a notarized statement signed by the apprentice and the apprentice sponsor verifying completion of the requirements.
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 July 10, 2017. A public hearing has not been scheduled.
Ed. Note: Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the text of regulations that have been previously proposed in the Maryland Register, the altered text must be published in the Maryland Register as though it were initially proposed. The text of regulations appearing immediately below has been altered substantively from the initially proposed text.
Symbols: Roman type indicates existing text of regulations. Italic type indicates initially proposed new text. Arial Bold Italic type indicates new text that substantively alters the text as initially proposed. [Single brackets] indicate existing text proposed for repeal. [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text.
.02 (originally proposed text unchanged)
.03 Requirements of Apprenticeship.
A.—B. (originally proposed text unchanged)
C. Applicants shall obtain practical experience in funeral service arrangements, including:
(1) [[20]] 24 funeral directions [[and]], including at least [[[one]]] four of each of the following:
(a)—(d) (originally proposed text unchanged)
(2) (originally proposed text unchanged)
D. (originally proposed text unchanged)
.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)—(4) (originally proposed text unchanged)
(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 at least four of each of the following:
(a)—(d) (originally proposed text unchanged)
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) (originally proposed text unchanged)
(3) A notarized statement signed by the apprentice and the apprentice sponsor verifying the completion of:
(a) [[20]] 24 funeral directions [[and]], including at least [[[one]]] four of each of the following:
(i)—(iv) (originally proposed text unchanged)
(b) (originally proposed text unchanged)
.05—.06 (originally proposed text unchanged)
.11 (originally proposed text unchanged)
.14 (originally proposed text unchanged)
DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene
