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Statutes Text

Article - Health Occupations


    (a)    In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:

        (1)    To adopt bylaws, rules, and regulations to carry out the provisions of this title;

        (2)    To adopt a seal;

        (3)    To establish procedures for licensing apprentices;

        (4)    To keep a list of all individuals currently licensed by the Board;

        (5)    To investigate any alleged violation of this title;

        (6)    To enforce this title;

        (7)    To adopt rules and regulations regarding false and misleading advertising and misrepresentation;

        (8)    To inspect licensed funeral establishments;

        (9)    On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, to conduct an unannounced inspection of the funeral establishment to determine compliance at that funeral establishment with the Centers for Disease Control and Prevention’s guidelines on universal precautions;

        (10)    To establish standards for the practice of mortuary science; and

        (11)    To establish standards for sanitation and waste disposal in connection with the practice of mortuary science.

    (b)    The Board may conduct an audit of a licensee that:

        (1)    Receives pre-need funds;

        (2)    Places pre-need funds in a trust; or

        (3)    Enters into a pre-need contract.

    (c)    In conjunction with the Office of Cemetery Oversight, the Board shall:

        (1)    Establish a process for regulating crematories that provides for:

            (i)    Registration of crematory operators or issuance of permits for operating crematories, and renewal;

            (ii)    Applications, including certification of ownership and identification of individuals who will perform cremation;

            (iii)    Registration or permit fees;

            (iv)    Inspections and oversight;

            (v)    Grounds for discipline and penalties; and

            (vi)    Complaints and hearings; and

        (2)    Adopt regulations that are identical to regulations adopted by the Director of the Office of Cemetery Oversight to:

            (i)    Implement item (1) of this subsection; and

            (ii)    Ensure public health and safety.

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