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Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED Maryland Jurisprudence Practice study guide 1 CORRECT QUESTIONS & SOLUTIONS(RATED VVV
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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
The failure by a certificate holder, licensee, registration holder, or permit holder, to pay all undisputed taxes and unemployment insurance contributions, as determined by the Office of the Comptroller or the Secretary of Labor, Licensing, and Regulation, in a manner satisfactory to the unit of the State responsible for collectio of the payment. - ANSWER Delinquent Any license, permit, certification, or registration granted by the Board for the period immediately following a period for which the person previously possessed the same or a substantially similar license, permit, certification, or registration. - ANSWER Renewal License A written or electronic notification created by the unit of the State responsible for collection of taxes or unemployment insurance contributions attesting that the renewal applicant is no longer delinquent. - ANSWER Verification True or False: If a renewal applicant has been identified as delinquent by the Office of the Comptroller or the Department of Labor, Licensing and Regulation, the Board shall issue a written notice to the renewal applicant stating that: the renewal applicant has been identified by the Office of the Comptroller or Department of Labor, Licensing and regulation as delinquent in the payment of taxes or unemployment insurance contributions as applicable. - ANSWER True True or False: the renewal license will be denied if a verification is not submitted to the Board within 30 days after the notice is issued or before the expiration date of the current certificate, license, registration or permit, whichever is later. - ANSWER True If the Board does not receive a verification within 30 days after the Board issued the notice or before the expiration date of the current certificate, license, registration or permit, whichever is later, the board shall: - ANSWER Deny the renewal license and inform the renewal applicant in writing that the renewal license has been denied. An individual licensed by the board who assists a licensed mortician or funeral director in the practice of mortuary science or funeral direction, under direct supervision of a licensed mortician or funeral director. - ANSWER Apprentice A person who is a licensed mortician or funeral director whose license is in good standing with the board. - ANSWER Apprentice Sponsor
An apprentice sponsor - ANSWER provides direct supervision to an apprentice. An apprentice sponsor has practiced mortuary science as a licensed mortician or funeral director in Maryland for at least _____ year immediately prior to accepting the applicant as an apprentice. - ANSWER 1 True or False: A board member shall recuse himself or herself from board proceedings which involve situations in which the board member: Has a conflict of interest; or cannot participate fairly and impartially. - ANSWER True True or False: Standards of recusal: Personal familiarity with a respondant does not, of itself, require recusal of a board member. - ANSWER True True or False: Board Counsel Advice. A board member may NOT seek the advice of the board's counsel in determining the need for recusal on a specific matter. - ANSWER False Requirements following Recusal include: - ANSWER 1) The board member who is recused from a matter before the board may not: A) Participate in the board's discussion or vote on the matter; or discuss the matter with other members of the board or discuss the board's review of the matter with other individuals. True or False: If the matter before the board is a disciplinary matter, the board member who is recused does not have to physically leave the room to ensure nonparticipation. - ANSWER False True or False: The board shall NOT document the recusal of the board member in the minutes of the board meeting. - ANSWER False True or False: A board member against whom a complaint is filed shall follow "C of this regulation for all discussion and voting concerning the complaint filed against the board member. - ANSWER True True or False: If the board determines that there is an additional matter before the board which is reasonably related to the complaint filed against the board member, the board member against whom the complaint is filed shall follow $C of this regulation for the additional matter also. - ANSWER True
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.
An apprentice license A funeral director license A surviving spouse license A corporation license A funeral establishment license; and a courtesy card. True or False: An individual employed by a permit holder does not have to be registered with the Board as a transporter before the individual may remove and transport human remains. - ANSWER False What does one have to submit to the board to register as a transporter? - ANSWER 1. A signed application on the form that the board requires.
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.
Of the 11 Board members, how many shall be licensed morticians or licensed funeral directors? - ANSWER 6 Of the 11 Board members how many shall be consumer members? - ANSWER 5 True or False: All members of the MD State Board of Morticians shall be residents of the State. - ANSWER True True or False: The Governor shall appoint each member with the advice of the Secretary, and with the advice and consent of the Senate. - ANSWER True True or False: 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. - ANSWER True To be on the Mortician's Board, each mortician member shall: - ANSWER Be a licensed mortician whose license is in good standing with the Board; and have practiced mortuary science actively for at least 5 years immediately before appointment. When it comes to Mortician members, "good standing" means: - ANSWER 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. True or False: To qualify for appointment to the board as a Mortician member, the licensee must meet all other qualifications required for renewal of a mortician license under the Mortician members title. - ANSWER True Each funeral director member shall: - ANSWER Be a licensed funeral director whose license is in good standing with the Board; and have a practiced funeral direction actively for at least 5 years immediately before appointment.
The Board shall pay all funds collected under this title to the coptroller of the state. - ANSWER State Board of Morticians and Funeral Directors Fund True or False: The comptroller shall distribute the fees to the State Board of Morticians and Funeral Director's Fund. - ANSWER True Used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article. (State Board of Morticians and Funeral Directors Fund) - ANSWER Fund to cover direct and indirect costs of Board This fund is a continuing, non-lapsing fund, not subject to $ 7 -302 of the State Finance and Procurement Article. - ANSWER Fund to cover direct and indirect costs of Board Any unspent portions of this fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article. (Maryland Board of Morticians and Funeral Director's Fund) - ANSWER Fund to cover direct and indirect costs of Board No other State money may be used to support this fund. - ANSWER Fund to cover direct and indirect costs of Board A designee of the Board shall administer the fund to cover direct and indirect costs of the Board what is their title called? - ANSWER Administration Moneys in this fund may be expended only for any lawful purpose authorized under the provisions of this article. - ANSWER Fund to cover direct and indirect costs of Board True or False: When referring to Audits, the legislative Auditor shall audit the accounts and transactions of the Fund as provided in $ 2- 1220 of the State Government Article. - ANSWER True True or False: In Health Occupations, a person shall have the immunity from liability described under $ 5- 707 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in it's activities. - ANSWER True
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
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 :
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.