Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Funeral directing; license to practice required; exceptions
Public Health (PBH) CHAPTER 45, ARTICLE 34, TITLE 2
§ 3420. Funeral directing; license to practice required; exceptions.
1. No person shall engage in the business or practice of funeral
directing, undertaking, or embalming or transact or hold himself out as
transacting or practicing or as being entitled to transact or practice
funeral directing, undertaking or embalming in this state unless duly
licensed according to law, and registered under the provisions of this
article, except that nothing in this article contained shall prohibit

(a) by commissioned medical officers in the armed forces of the United
States or in the United States public health service while on active
duty in the respective service; or,

(b) by any one actually serving as a member of the resident medical
staff of any legally incorporated hospital; or,

(c) by any person duly licensed to practice as a physician or surgeon
in this state.

2. A person who holds a license as a funeral director, undertaker or
embalmer, as defined herein, and is registered as required herein, shall
be entitled to practice as defined and limited by the provisions of the
law at the time the license was issued, except as otherwise provided by
this article.

3. Notwithstanding the foregoing provisions of this section, the
commissioner may in his discretion enter into an agreement with another
state of the United States or a province of the Dominion of Canada,
pursuant to which agreement any person, duly licensed and registered as
a funeral director, undertaker or the equivalent thereof by and in such
other state or province, may enter into this state for the sole purposes
of removing to such other state or province dead human bodies,
supervising the delivery to or removal from a common carrier of such
bodies, or burying, cremating, or supervising funeral services over dead
human bodies brought from such other state or province as though such
person were duly licensed and registered by and in this state except
that such person shall not maintain an establishment, advertise or hold
himself out directly or through any agent or agency or otherwise as a
funeral director, undertaker or the equivalent thereof other than in the
state or province in which he is registered and licensed.