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REGS : 10.29.03.04 Inspection of Funeral Establishments and Funeral Service Businesses (BOARD OF MORTICIANS AND FUNERAL DIRECTORS)

 

 Content Editor

 
 
PROPOSAL
Maryland Register
Issue Date:  May 17, 2013 
Volume 40, Issue 10, Page 931
 
Title 10 
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS
10.29.03 Inspection of Funeral Establishments and Funeral Service Businesses
Authority: Health Occupations Article, §§7-101, 7-205, and 7-310, Annotated Code of Maryland
Notice of Proposed Action
[13-132-P]
 
The Secretary of Health and Mental Hygiene proposes to amend Regulation .04 under COMAR 10.29.03 Inspection of Funeral Establishments and Funeral Service Businesses. This action was considered at a public meeting on February 13, 2013, notice of which was given on the Board’s website athttp://dhmh.maryland.gov/bom/SitePages/mtgdates.aspx pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.
 
Statement of Purpose
The purpose of this action is to provide that:
(1) A specific exhaust system is the minimum standard for holding rooms in funeral establishments where embalming does not take place; and
(2) Floor drainage is not required in the holding room of a funeral establishment where embalming does not take place.
 
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
 
Estimate of Economic Impact
I. Summary of Economic Impact. This proposal does not require licensed funeral establishments where embalming does not take place to install a floor drain in their holding rooms. Also, it changes the standard for ventilation in a holding room from the OSHA standard, provided no embalming takes place.
 
 
Revenue (R+/R-)
 
II. Types of Economic Impact.
Expenditure (E+/E-)
Magnitude
 

 
 
 
 
 
A. On issuing agency:
NONE
 
B. On other State agencies:
NONE
 
C. On local governments:
NONE
 
 
 
Benefit (+)
Cost (-)
Magnitude
 

 
 
 
 
 
D. On regulated industries or trade groups:
(+)
Indeterminable
E. On other industries or trade groups:
NONE
 
F. Direct and indirect effects on public:
NONE
 
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed provisions should reduce costs for certain funeral establishments; however, the exact amount cannot be quantified.
 
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 W. Preston Street, Room 512, Baltimore, Maryland 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 June 17, 2013. A public hearing has not been scheduled.
 
.04 Inspection by the Board of Morticians.
A.—D. (text unchanged)
E. Standards for Inspection of Licensed Funeral Establishments.
(1) (text unchanged)
(2) Holding Room. If arterial or cavity injection will not take place at the funeral establishment, the funeral establishment shall maintain on the premises a holding room which shall be adequately equipped for the holding of dead human bodies which shall be kept in a clean and sanitary manner and used exclusively for the holding and storage of dead human bodies. The minimal requirements for the holding room shall be as follows:
(a)—(c) (text unchanged)
(d) [The ventilation shall be in accordance with current Occupational Safety and Health Administration (OSHA) regulations] An exhaust system whereby gases would be drawn to outside air shall be the minimum standard for holding rooms in funeral establishments where embalming does not take place;
(e)—(f) (text unchanged)
(3) (text unchanged)
(4) Water Supply.
(a)—(b) (text unchanged)
(c) [Each establishment with a holding room or preparation room shall have floor drainage] Floor drainage is not required in the holding room of a funeral establishment where embalming does not take place.
(5)—(8) (text unchanged)
F. (text unchanged)
 
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene