Section 7-308.1 - Executor license.
§ 7-308.1. Executor license.
(a) In general.- A personal representative of a deceased mortician's or funeral director's estate shall be licensed by the Board before continuing operation of the mortuary science business.
(b) Requirements.- The Board shall issue an executor license to an applicant if the applicant:
(1) Is the appointed personal representative of a deceased mortician's or funeral director's estate in accordance with the requirements established in Title 5 of the Estates and Trusts Article;
(2) 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, written verification of appointment as a personal representative, and the application required by the Board; and
(3) Pays a fee set by the Board.
(c) Sale of business permitted.- Nothing in this section shall prevent a personal representative from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician.
(d) Authorized activities.- Except as provided in subsection (c) of this section, while an executor license is effective, it authorizes the licensee to:
(1) Continue operation of the mortuary science business that had been operated and wholly or partly owned by the deceased mortician or funeral director; and
(2) Assist with the planning and conducting of funeral services for that mortuary science business.
(e) Licensed mortician required.- 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 services are provided by a licensed mortician.
(f) Expiration.- Notwithstanding the provisions of § 7-314 of this subtitle, an executor license is valid for six months from the date of issuance and may not be renewed or reinstated after expiration.
(g) Continuation after expiration.- A personal representative who wishes to continue operation of a mortuary science business upon expiration of the executor license must qualify and be licensed as a mortician or a funeral director, or be the holder of a surviving spouse or corporation license.
[2002, ch. 525; 2003, ch. 21, § 1; 2007, chs. 185, 186.]