Maine Revised Statutes Title 32 Sec. 1455-B – Denial or refusal to renew license; disciplinary action
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In addition to the grounds enumerated in Title 10, section 8003, subsection 5?A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5?A for: [PL 2007, c. 402, Pt. J, §7 (NEW).]
1. False advertising. False or misleading advertising as a practitioner of funeral service, funeral director or embalmer; advertising or using the name of a person in connection with that of any funeral establishment who is not licensed as a practitioner of funeral service, funeral director or embalmer;
[PL 2007, c. 402, Pt. J, §7 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 32 Sec. 1455-B
- Board: means the State Board of Funeral Service. See Maine Revised Statutes Title 32 Sec. 1400
- Burial: includes interment in any form or cremation and the transportation of the human remains necessary therefor. See Maine Revised Statutes Title 32 Sec. 1400
- Funeral establishment: means every place or premises devoted to or used in the care and preparation for the funeral and burial of human remains or maintained for the convenience of the bereaved for viewing or other services in connection with the human remains or as the office or place for carrying on the profession of funeral service. See Maine Revised Statutes Title 32 Sec. 1400
- Practice of funeral service: means the engagement of a person in the care or disposition of the human remains or in the practice of disinfecting and preparing by embalming or otherwise the human remains for the funeral service, transportation of human remains to the place of burial or cremation, or the practice of helping to meet the emotions and disposition of the bereaved or the practice of funeral directing or embalming as presently known, whether under these titles or designations or otherwise. See Maine Revised Statutes Title 32 Sec. 1400
- Practitioner trainee: means a person who is engaged in preparing to become licensed for the practice of funeral service under the personal supervision and instruction of a person duly licensed for the practice of funeral service, and who is duly registered as such and approved by the board. See Maine Revised Statutes Title 32 Sec. 1400
2. Unauthorized solicitation of human remains. Solicitation of human remains by the licensee, or the licensee’s agents, assistants or employees, whether that solicitation occurs after death or while death is impending. Nothing in this subsection may be construed to prohibit general advertising.
[PL 2007, c. 402, Pt. J, §7 (NEW).]
3. Unauthorized employment. Employment by the licensee of persons known as “cappers,” “steerers,” “solicitors” or other such persons to obtain the services of a licensee or one engaged in the practice of funeral service;
[PL 2007, c. 402, Pt. J, §7 (NEW).]
4. Unauthorized solicitation of human remains. Employment, directly or indirectly, of a practitioner trainee, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral establishment;
[PL 2007, c. 402, Pt. J, §7 (NEW).]
5. Unauthorized commission to secure business. The direct or indirect payment or offer of payment of a commission by the licensee or the licensee’s agents, assistants or employees for the purpose of securing business;
[PL 2007, c. 402, Pt. J, §7 (NEW).]
6. Unauthorized commission; crematory, mausoleum or cemetery. Solicitation or acceptance by a licensee of any commission, bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery;
[PL 2007, c. 402, Pt. J, §7 (NEW).]
7. Refusal to surrender human remains. Refusing to promptly surrender the custody of human remains, upon the express order of the person lawfully entitled to the custody thereof;
[PL 2007, c. 402, Pt. J, §7 (NEW).]
8. Negligent filings. Negligent, careless or willful noncompliance with the laws relating to filing death certificates and obtaining burial permits; or
[PL 2007, c. 402, Pt. J, §7 (NEW).]
9. Abusive or disrespectful handling of human remains. Abuse or disrespect in the handling of human remains, or violation of any law or ordinance affecting the handling, custody, care or transportation of human remains.
[PL 2007, c. 402, Pt. J, §7 (NEW).]
Whoever violates any provision of this chapter or any rule prescribed by the board for the preparation, embalming, transportation or burial of any human remains commits a Class E crime. [PL 2007, c. 402, Pt. J, §7 (NEW).]
SECTION HISTORY
PL 2007, c. 402, Pt. J, §7 (NEW).