Md. Code Regs. 09.34.09.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.34.09.02 - General Professional Practices

A. A permit holder shall:

(1) Act in a manner that respects and protects the dignity of a decedent and the decedent's family;

(2) Conduct business in a reasonable, usual, and customary manner;

(3) Comply with the State public health laws as set forth in Health General Article, §§4-215 and 5-501 et seq., Annotated Code of Maryland;

(4) Comply with Business Regulation Article, Title 5, Annotated Code of Maryland;

(5) Comply with the Commercial Law Article, Titles 12 and 13, Annotated Code of Maryland;

(6) Implement and follow through on all arrangements agreed upon between a consumer and the crematory;

(7) Provide appropriate services for and respect the rights of individuals without regard to age, race, creed, national origin, gender, disability, marital status, political belief, religious affiliation, social or economic status, or social preferences;

(8) Comply with all local, State, and federal laws for regarding the disposition of human remains;

(9) Be sensitive and responsive to the bereavement needs of a decedent's family;

(10) Provide a general price list in effect at that time, in accordance with the requirements of the Federal Trade Commission's funeral rule found at 16 CFR part 453 ; and

(11) Provide accurate information from the general price list to any person who requests information, by telephone, regarding cremation related goods or services.

B. In advertising, a permit holder may not include statements:

(1) That are misrepresentations of facts;

(2) That are likely to mislead or deceive because, in context, the statement makes only a partial disclosure of relevant facts;

(3) Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to a consumer; or

(4) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived.

C. A permit holder or registered crematory operator may not:

(1) Use, or participate in the use of, any form of communication to consumers containing a false, fraudulent, misleading, deceptive, or unfair statement or claim; or

(2) Operate a crematory or perform a cremation while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician.

Md. Code Regs. 09.34.09.02

Effective date: 41:6 Md. R. 378, eff.3/31/2014