1. (a) Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant:

   1. (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. (2) Is not a licensed mortician or licensed funeral director;
   3. (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. (4) Pays a fee set by the Board.

2. (b)

   1. (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. (2) The license becomes null and void if the surviving spouse fails the Maryland State law examination twice.
   3. (3) An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection.
3. (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.

4. (d) Except as provided in subsection (c) of this section, while a surviving spouse license is effective, it authorizes the licensee to:

   1. (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. (2) Assist with the planning and conducting of funeral services for that mortuary science business.

5. (e) The Board may issue a license under this section only if:

   1. (1) The business is operated under the direct supervision of a licensed mortician or funeral director; and
   2. (2) The embalming is done by a licensed mortician.

Added as Health Occupations § 6-308 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1986, c. 728, § 1, eff. July 1, 1986. Renumbered as Health Occupations § 7-308 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1992, c. 155, § 1, eff. Oct. 1, 1992; Acts 1993, c. 5, § 1, eff. April 13, 1993; Acts 2007, c. 185, § 1, eff. Oct. 1, 2007; Acts 2007, c. 186, § 1, eff. Oct. 1, 2007.

Formerly Art. 43, § 353.