(a) Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant:
(1) Is the surviving spouse of a licensed mortician or licensed funeral director whose license was in good standing at the time of death and who at the time of death was operating and wholly or partly owned a mortuary science business;
(2) Is not a licensed mortician or licensed funeral director;
(3) Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee and the application required by the Board; and
(4) Pays a fee set by the Board.
(b) (1) Within 6 months of the issuance of the surviving spouse license, the applicant must take the written Maryland State law examination administered by the Board under § 7-304(b), (c), (d)(1), (e), and (f) of this subtitle.
(2) The license becomes null and void if the surviving spouse fails the Maryland State law examination twice.
(3) An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection.
(c) Nothing in this section shall prevent a surviving spouse from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician.
(d) Except as provided in subsection (c) of this section, while a surviving spouse license is effective, it authorizes the licensee to:
(1) Continue the operation of the mortuary science business that had been operated and wholly or partly owned by the spouse of the licensee; and
(2) Assist with the planning and conducting of funeral services for that mortuary science business.
(e) The Board may issue a license under this section only if:
(1) The business is operated under the direct supervision of a licensed mortician or funeral director; and
(2) The embalming is done by a licensed mortician.
Structure Maryland Statutes
Title 7 - Morticians and Funeral Directors
Section 7-301 - License Required; Exceptions
Section 7-301.1 - Criminal History Records Check
Section 7-302 - Mortician and Funeral Director License
Section 7-303 - Qualifications of Applicants for Mortician or Funeral Director License
Section 7-305 - Waiver of Requirements
Section 7-306 - Apprentice License; Requirements for Completion of Apprenticeship
Section 7-308 - Surviving Spouse License
Section 7-308.1 - Executor License
Section 7-308.2 - Pre-Need Trustee License
Section 7-308.3 - Death of the Single Owner and Sole Licensee of a Funeral Establishment
Section 7-309 - Corporation License
Section 7-310 - Funeral Establishment License
Section 7-312 - Exemption for Persons Obtaining Burial-Transit Permit
Section 7-313 - Issuance and Contents of License; License Not Transferable
Section 7-314 - Term and Renewal of Licenses
Section 7-315 - Reinstatement of Expired Licenses
Section 7-316 - Denials, Reprimands, Suspensions, and Revocations -- Grounds
Section 7-316.1 - Injunction Actions
Section 7-318 - Surrender of License
Section 7-319 - Denials, Reprimands, Suspensions, and Revocations -- Hearings