House Health and Government Operations Committee of the Maryland General Assembly
Testimony on: HB 824 - “State Board of Morticians and Funeral Directors - Sunset Extension and Program Evaluation”
Position: Support
Hearing date: February 22, 2017
The Funeral Consumers Alliance of Maryland and Environs strongly supports HB 824 thatwould continuethe State Board of Morticians and Funeral Directors until 2026.
We commend the Department of Legislative Services for completing a very comprehensive sunset review evaluation of the Board of Morticians. DLS conducted numerous interviews, reviewed statutes and regulations, analyzed licensing, complaint and fiscal data, and surveyed all licensees, permit holders and registrants regulated by the Board. DLS found that the Board complies with its statutory mandate, and said that Board members are dedicated, productive, professional, and aware of ongoing issues with Board operations.
The sunset review was particularly effective in addressing some of the complaints heard about this Board in recent years. DLS noted that understaffing has led to a blurring of responsibilities for current staff, which has contributed to a perception by some of unfairness and biased implementation of Board responsibilities. DLS found no evidence of wrongdoing or mishandling of licensing, inspection or complaint activities. In fact, DLS stated that survey responses and Board data indicate the Board handles inspections, investigations and complaints fairly.
Contrary to the perception of some licensees that the Board shuts down or threatens to shut down establishments for relatively minor infractions, DLS found the Board shut down or closed funeral establishments or crematories by consent order in consultation with licensees a total of only eight times in the last nine years. In each of those instances, the board felt the situation posed a serious risk of harm to public health and safety.
DLS also noted that several survey respondents said they experienced difficulty entering their local community of morticians and funeral directors, referencing acts of intimidation or what they perceived as unfair treatment by established owners in their area. Other respondents cited what they perceived to be unfair treatment by previous Board members and inspectors (who are no longer connected to the Board) who they believed to be affiliated with certain professional associations. Respondents who felt that they had experienced this discrimination frequently complimented the current Board for what they considered the even application of statutes and regulations and for creating an “even playing field.”
In summary, FCAME believes DLS did a very effective sunset review of the Board of Morticians and concurs with their recommendation that the Board’s life should be extended for 10 years.
Brian Ditzler, FCAME Vice President,
FCAME is the volunteer-run, regional chapter of the non-profit Funeral Consumers Alliance (FCA), the oldest and largest consumer protection organization focused solely on guarding the rights (and wallets) of grieving consumers. FCA’s many chapters across the country are dedicated to: helping consumers be more informed about death care options, and protecting the public from fraud and abuse in cremation, funeral and burial transactions. FCA and its chapters take no money from the death care industry or government.
Funeral Consumers Alliance of Maryland & Environs (FCAME)
301-564-0006 . email:
9601 Cedar Lane, Bethesda, MD 20814