Terms Used In Maryland Code, HEALTH OCCUPATIONS 7-316.1

  • County: means a county of the State or Baltimore City. See
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of mortuary science; or

(2) Conduct that constitutes a ground for disciplinary action under § 7-315 of this subtitle.

(b) An action under this section may be brought by:

(1) The Board;

(2) The Attorney General; or

(3) A State’s Attorney.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the practice of mortuary science.

(d) Proof of actual damage or proof that a person will sustain damage if an injunction is not granted is not required for an action under this section.

(e) Criminal prosecution for the unauthorized practice of mortuary science under § 7-501 of this title or disciplinary action under § 7-316 of this subtitle does not prohibit an action to enjoin under this section.