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REGS : 10.29.09 Requirements for Apprenticeship


Maryland Register

Issue Date:  September 7, 2012

Volume 39 • Issue 18 • Pages 1207-1208


Title 10




10.29.09 Requirements for Apprenticeship


Authority: Health Occupations Article, §§7-205 and 7-306, Annotated Code of Maryland

Notice of Proposed Action



The Secretary of Health and Mental Hygiene proposes to amend Regulations .03 and .04 under COMAR 10.29.09 Requirements for Apprenticeship. This action was considered at a public meeting on July 11, 2012, notice of which was given by posting a notice in the lobby of the building in which all open session meeting are held for 2 weeks prior to the date of the meeting, pursuant to State Government Article, §10-506(c)(4), Annotated Code of Maryland, and by announcement at the open session meeting that was held on June 13, 2012.


Statement of Purpose


The purpose of this action is to clarify the requirements for students before they can access human remains in a funeral establishment. According to Health Occupations Article, §7-301, Annotated Code of Maryland, there is no exception from licensure for students in a mortuary science program to perform duties which must only be performed as a privilege of licensure and are the practice of mortuary science. This action is being requested because the Board is aware of students attending certain online mortuary science programs who are choosing not to travel to the school’s teaching laboratory to practice embalming. Health Occupations Article, §7-306(d), Annotated Code of Maryland, the Board’s statute, states that before the Board would approve an apprentice license “[t]he individual must complete two-thirds of the academic credits for a mortuary science program at a school accredited by the American Board of Funeral Service or approved by the Board….” The Board assumed that two-thirds would include embalming theory, practice embalmings, and OSHA training. This would be imperative to protect the public health and to protect fully paying consumers from having students practice on their loved ones. Apprentices are later required to sharpen the skills they would have learned in the two-thirds of the program, not to learn them in a nonteaching setting.

This consumer protection issue cannot continue as families are not aware that their loved ones may be embalmed by students without adequate knowledge of the proper embalming procedure and proper precautions against the spread of disease or against health risk and at full cost to consumers. In other industries, some live consumers choose to allow the practice of a profession at reduced cost to them, i.e., the dental school, barber shop apprentice, etc.


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 W. Preston Street, Room 512, Baltimore, Maryland 21201, or call 410-767-6499, or email to, or fax to 410-767-6499 (TTY 800-735-2258). Comments will be accepted through October 9, 2012. A public hearing has not been scheduled.

.03 Requirements of Apprenticeship — Funeral Service Arrangement.

A. (text unchanged)

B. Applicants shall meet the educational requirements set forth in Health Occupations Article, §7-306, Annotated Code of Maryland, provided that the required two-thirds of the academic credits include successful completion of:

(1) Embalming theory;

(2) The embalming practical experience; and

(3) An Occupational Safety and Health Administration (OSHA) course.

C. (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) (text unchanged)

(2) On the mortician application form provided by the Board, evidence of participation in:

(a) 20 embalming assists with corresponding copies of the filed death certificates for the embalmed human remains; and

(b) 20 funeral assists with a corresponding published notice of the service for each of the 20 decedents;

(3)―(4) (text unchanged)

B. (text unchanged)

Secretary of Health and Mental Hygiene