Download Maryland Board of Morticians and Funeral Directors and more Exams Law in PDF only on Docsity! Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED A) What does "Board" mean? - ANSWER A health occupation board regulated under the Health Occupations Article or the Health-General Article, AnnotaedCode of Maryland, with the exception of the Board of Nursing. An individual appointed by the Governor to serve on a Board. - ANSWER Board Member What is the notice from the board pursuant to State Government Article, 10-28, Annotated Code of Maryland, which informs a licensee of an alleged violation or violations of a board's statute by the license? - ANSWER Charging Document A communication to a board of a possible violation of the disciplinary provisions of a Maryland licensing statute by a licensee of an alleged violation or violations of a board's statute by a licensee. - ANSWER Complaint A situation in which a personal interest of a board member or board investigator presents a potential conflict with the public interest in connection with an anticipated public action or decision. - ANSWER Conflict of Interest A direct or indirect communication between a board member and another party regarding the merits of an issue in a pendig contested disciplinary case if the communication is made outside the presence of the opposing party in the case. - ANSWER Ex Parte Communication An individual who investigates complaints received by a health occupation board. - ANSWER Investigator A board member designated by the board to provide practitioner expertise to the investigator or prosecutor, or both, pertaining to a specific complaint. - ANSWER Liason True or False: Liason does not mean nonparticipation of a board member in specific matter before the board. - ANSWER True Nonparticipation of a board member in a specific matter before the Board. - ANSWER Recusal True or False: A board member who serves as the liason on a specific complaint may: Participate in discussion of the complaint, vote on the decision regarding charges based on the complaint; and participate in the case resolution conference for the complaint. - ANSWER True True or False: a board member who serves as the liason on a specific complaint may not: Participate in a hearing on the complaint conducted by the board; or participate in the discussion or vote on the coplaint following the hearing conducted either by the board or by the Office of Administrative Hearings (OAH) through authority delegated from the board. - ANSWER True True or False: An investigator may conduct or participate in an investigation of a complaint which the investigator has a conflict of interest. - ANSWER False True or False: In the investigation of a complaint against a member of a board, the board may consider using an investigator other than the one who is regularly assigned to conduct investigations for the board. - ANSWER True True or False: A board member or investigator may discuss disciplinary or other confidential matters with an individual other than: a board member, board staff, the General Attorney General's Office; a witness; or another individual authorized by law to be involved in the case. - ANSWER False In the case of an ex parte communication, the board member shall follow the provisions of State Government Article, $ 10-219, Annotated Code of MD. - ANSWER True In the department of Health and Mental Hygiene, what is a health occupation board regulated under the Health Occupations Article, Annotated Code of Maryland, with the exception of the boards of: Dietetic Practice; and Nursing. - ANSWER Board True or False: If after investigation of the complaint, the board refers the case to the Attorney General's Office, the board member shall recuse himself or herself from all board activities until the final disposition of the case. - ANSWER True True or False: A board member may not serve as a liaison on a complaint in which the board member has a conflict of interest. - ANSWER True Businiess of operating a crematory means - ANSWER controlling or managing a crematory. Unless the context requires otherwise, one who is licensed by the Board to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction. - ANSWER Licensed apprentice One who is licensed by the board to practice funeral direction. - ANSWER Licensed funeral director Unless the context requires otherwise, a place that is licensed by the Mortician's board. - ANSWER Licensed funeral establishment One who is licensed by the Board under this title to practice mortuary science. - ANSWER Licensed mortician An individual or entity licensed by the Board to practice mortuary science to the extent determined by the Board. - ANSWER Licensee An individual who practices mortuary science. - ANSWER Mortician -To operate a funeral establishment -For compensation, to prepare a dead human body for disposition; or for compensation, to arrange for or make final disposition of a dead human body. - ANSWER Practice funeral direction True or False: Practice funeral direction does not include: for compensation, disinfecting or preserving a dead hguman body or any of its parts by arterial or cavity injection or any other type of preservation; or the business of operating a crematory. - ANSWER True Practice mortuary science means: - ANSWER To operate a funeral establishment, for compensation, to prepare a dead human body for disposition; or for compensation, to arrange for or make final disposition of a dead human body. Practice mortuary science includes: - ANSWER The practice of funeral direction; and disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection. Practice mortuary science does not include: - ANSWER The pickup, removal, or transportation of a dead human body, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director. An agreement between consumer and a licensed funeral director, licensed mortician, or surviving spouse to provide any goods and services purchased prior to the time of death. - ANSWER Pre-need contract Goods and services shall include: - ANSWER A service, including any form of preservation and disposition, that a mortician normally provides in the ordinary course of business; or merchandise including a casket, vault or clothing that a mortician normally provides in the ordinary course of business. A permit holder shall use vehicles that have passed an this by an inspector designated by the board while the permit holder removes and transports human remains. - ANSWER Inspection of vehicles A ___________________________ shall employ only registered transporters to remove and transport human remains. - ANSWER permit holder A permit issued under this subtitle shall expire on the date set by the board. - ANSWER Expiration and renewal of permit True or False: A permit may not be renewed for a term longer than 2 years. - ANSWER True A permit holder may renew a permit for additional terms, if the permit holder submits these to the board. - ANSWER 1. An application on the form that the Board requires. 2. An application fee set by the board and complies with any other renewal requirements established by the Board. True or False: Signs and advertisements for a mortuary transport service shall display the name of the mortuary transport service as it appears on the permit. - ANSWER True Business of operating a crematory does not include: - ANSWER The practice of funeral direction or the practice of mortuary science; or assistance in making decisions and filling out forms that are not directly related to cremation. Does the business of operating crematory include obtaining vital statistics, signatures and other information necessary to complete a death certificate. - ANSWER No True or False: the business of operating a crematory includes transportation of a body to the place of disposition; or any other services regarding the disposition of a body that are not directly related to cremation. - ANSWER False A mortuary science business whose articles of incorporation are in good standing with the Maryland State Department of Assessments and Taxation, or its successor, the initial business for which the license is issued must have been incorporated on or before June 1, 1945 and have "incorprated", or "Corporation" in its name. - ANSWER Corporation True or False: Corporation includes, for purposes of issuing a corporation license, a "professional association" (P.A.) or "Corporation" in its name. - ANSWER False A license issued by the Board to licensed practitioners of mortuary science in other states, to make a removal of a dead human body in this state and to return the body to another state or country, to return dead bodies from another state or country to this State, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder's capacity as a licensed practitioner of mortuary science. - ANSWER Courtesy card Any building, structure or premises from which the business of practicing mortuary science is conducted. - ANSWER Funeral establishment License includes, unless otherwise indicated: - ANSWER A mortician license True or False: While a member of the Board, a consumer member may have a substantial financial interest in a person regulated by the Board. - ANSWER False Before taking office, each member of the Board shall take the ______ required by Article I, $ 9 of the Maryland Constitution. - ANSWER oath What is the term of an appointed member? - ANSWER 4 years, except that the initial term of 1 of the consumer members is 3 years. The terms of appointed members are staggered as required by the terms provided for members of the Board on ____________________________. - ANSWER July 1, 1981 True or False: At the end of a term, an appointed member continues to serve until a successor is appointed or qualifies. - ANSWER True True or False: 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. - ANSWER True True or False: To the extent practicable, the Governor shall fill any vacancy on the Board occuring during the term of an appointed and qualifies. - ANSWER True How many consecutive terms may a member serve? - ANSWER No more than 2 consecutive full terms. The Governor may remove an appointed member for - ANSWER misconduct, incompetence or 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 the section. Upon the recommendation of the Secretary, the Governor may remove an appointed member whom the Secretary finds to have been absent from ___ successive Board meetings without adequate reason. - ANSWER 2 True or False: The MD State Board of Morticians shall elect a president, a first vice president and a second vice president from among its members. - ANSWER True For election duties, the Board shall determine: - ANSWER 1. The manner of election of officers. 2. The term of office of each officer. 3. The duties of each officer. A majority of the full authorized membership of the Board is a _______________ to do business. - ANSWER Quorum True or False: The Board shall meet at least once a year, at the times and places that it sets in its bylaws and rules and regulations. - ANSWER True The Board shall hold meetings that: - ANSWER it considers necessary or the Secretary directs. Each appointed member of the Board is entitled to: - ANSWER Comprehension in accordance with the budget of the Board for each meeting that the member attends and reimbursement for expenses at a rate determined by the Board. True or false: The Board may appoint a Board secretary, who may be a member of the Board. - ANSWER True True or False: The Board may employ inspectors and other staff in accordance with the budget of the Board. - ANSWER True The board has the following powers and duties (Health Occupations, Additional powers and duties of Board Effective October 1, 2015) - ANSWER 1) To adopt bylaws, rules and regulations to carry out the provisions of this title. 2) To adopt a seal. 3) To establish procedures for licensing apprentices. 4) To keep a list of all individuals currently licensed by the Board. 5) To investigate any alleged violation of this title. 6) To enforce this title. 7) To adopt rules and regulations regarding false and misleading advertising and misrepresentation. 8) To inspect licensed funeral establishments. 9) On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, to conduct an unannounced inspection of the funeral establishment to determine compliance at that funeral establishment with the Centers for Disease Control's guidelines on universal precautions. 10) To establish standards for the practice of mortuary science. 11) To establish standards for sanitation and waste disposal in connection with the practice of mortuary science. The board may conduct an audit of a license that: - ANSWER 1) Receives pre-need funds. 2) Places pre-need funds in a trust 3) Enters into a pre-need contract. What is the role of the Board in regulating crematories? - ANSWER Establish a process for regulating crematories, including registration or permits, inspections, oversight, and handling complaints and hearings. What is the responsibility of the Board regarding adoption of regulations for crematories? - ANSWER Adopt regulations identical to those of the Director of the Office of Cemetery Oversight. True or False: In general there is no such thing as a State Board of Morticians and Funeral Director's Fund. - ANSWER False True or False: The board is not allowed to set reasonable fees for its services. - ANSWER False True or False: The fees charged shall be set so as to approximate the cost of maintaining the Board. - ANSWER True Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section. - ANSWER State Board of Morticians and Funeral Directors Fund How many members does the Board consist of? - ANSWER 11 Mental or physical examination of applicants or licensees may require an applicant or licensee to submit to a mental or physical examination by a health care practitioner designated by the Board, if - ANSWER 1) When investigating an allegation brought against an applicant or licensee under this title, the Board finds reasonable evidence indicating that the applicant or licensee cannot practice mortuary science or funeral direction competently. Mental or physical examination of applicants or licensees may require an applicant or licensee to submit to a mental or physical examination by a health care practitioner designated by the Board, if - ANSWER 2) The Board makes a written request for the applicant or licensee to submit to the examination. The Board provides the applicant or licensee with a list of three health care practitioners from which the applicant may choose a health care practitioner to conduct the examination and pays the cost of the examination in accordance Costs of examination. True or False: The applicant or licensee consents to submit to the examination and waives any claim or privelege as to the examination report. - ANSWER True An evaluation report of a health care practitioner designated by the Board is confidential except as to contested case proceedings as defined by _________________________________. - ANSWER the Administrative Procedure Act Does an applicant who does not hold a valid license with the Board pay a reasonable cost of any examination made under the health occupations article? - ANSWER Yes True or False: Under the health occupations article, if the applicant is deemed competent to practice mortuary science or funeral direction as a result of an evaluation, the Boad does not reimburse the applicant for the reasonable cost of the evaluation that was performed. - ANSWER False True or False: Under the Health Occupations Article, the Board shall pay the reasonable cost of an examination for a licensee Board. - ANSWER True True or False: An individual shall be licensed by the Board before the individual may practice mortuary science in this State. - ANSWER True True or False: The practice of Mortuary Science limits the right of school of medicine or dentistry to use and dispose of a dead human body or its parts. - ANSWER False True or False: The practice of Mortuary Science limits the right of any person who is authorized by law to handle or dispose of a dead human body or its parts, if the person acts within the scope of that authorization. - ANSWER True True or False: The practice of Mortuary Science affects the right of an authorized officer or employee of the United States or the District of Columbia to practice mortuary science in the course of that individual's duties. - ANSWER True True or False: The practice of Mortuary Science does not apply to individuals who make funeral arrangements in the course of that individual's duties. - ANSWER False True or False: The practice of Mortuary Science limits the right of the Board to issue temporary permits to out-of-state licensed morticians or funeral directors for teaching purposes involving an approved continuing education program or disaster situations as deemed necessary by the Board. - ANSWER True True or False: In the practice of Mortuary Science, a mortician or funeral director who is issued a temporary permit shall be subject to any conditions and limitations that the Board may specify in the permit and the provisions of the title. - ANSWER True True or False: License requirements; criminal history records check does not apply to the registration of the crematory operators or issuance of permits for operating crematories under regulations adopted under this subtitle. - ANSWER True In addition to any other requirement for a license, permit or registration issued under the License requirements; criminal history records check title, an applicant for a license, permit or registration shall : - ANSWER submit to a criminal history records check in accordance with Central Repository. In addition to any other requirement for a license, permit or registration issued under the License requirements; criminal history records check title, an applicant for a license, permit or registration shall: - ANSWER submit to the Board a criminal history records check conducted by an accredited agency approved by the Board. Means the Criminal Justice Information System Repository of the Department of Public Safety and Correctional Services. - ANSWER Central Repository As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: - ANSWER A complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: - ANSWER the fee authorized under $ 10-22 (b) (7) of the Criminal Procedure Article for access to State criminal history records; and the processing fee required by the Federal Bureau of Investigation for a national criminal history records check. True or False: In accordanance with $$ 10-201 through 10-228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the applicant the criminal history record information of the applicant. - ANSWER True True or False: If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may not accept an alternate method of a criminal history records check as allowed by the Director of the Central Repository and the Director of he Federal Bureau of Investigation. - ANSWER False True or False: The subject of a criminal history records check under the Health Occupations Article Title 7 may contest the contents of the printed statement issued by the Central Repository and the Director of the Federal Bureau of Investigation. - ANSWER True Information obtained under the Health and Occupations Article Title 7 - ANSWER 1) Shall be confidential 2) May not be further disseminated 3) Shall be used only for the licensing, permitting or registering purposes authorized by this title. On receipt of the criminal history record information of an applicant required under the Health and Occupations Article Title 7, in determining whether to grant a license, permit or registration under this title, the Board shall consider: - ANSWER 1) The age at which the crime was committed. 2) The circumstances surrounding the crime; 3) The length of time that has passed since the crime 4) Subsequent work history