Maine § 1455-B. - Denial or refusal to renew license; disciplinary action

§ 1455-B.. Denial or refusal to renew license; disciplinary action

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;

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.

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;

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;

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;

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;

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;

8.  Negligent filings.  Negligent, careless or willful noncompliance with the laws relating to filing death certificates and obtaining burial permits; or

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.

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).]