Issue Date: September 7, 2012
Volume 39 • Issue 18 • Pages 1207-1208
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 29 BOARD OF MORTICIANS AND
10.29.09 Requirements for
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
Comparison to Federal Standards
There is no corresponding federal standard to this proposed
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
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 firstname.lastname@example.org, or fax to 410-767-6499 (TTY 800-735-2258).
Comments will be accepted through October 9, 2012. A public hearing has not
.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
(3) An Occupational Safety
and Health Administration (OSHA) course.
C. (text unchanged)
A. An apprentice shall submit documentation to the Board of
completion of the following requirements to be considered for a mortician’s
(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
(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)
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene