Montana Administrative Code

24.147.1107 CREMATION AUTHORIZATIONS A cremation authorization form as defined in ARM 24.147.302 must include: full identification of the decedent; warranty of positive identification of the decedent by the authorizing agent or personal representative of the authorizing agent; th…

24.147.1110 INTEGRITY OF IDENTIFICATION OF HUMAN REMAINS To maintain the integrity of the identification of human remains, a crematory must: follow the requirements in ARM 24.147.1111; and develop procedures and train crematory operators and crematory technicians on those procedu…

24.147.1111 CREMATION PROCEDURES In addition to the requirements and procedures in 37-19-704 through 37-19-706, MCA, and the rules in this subchapter, crematories must comply with this rule. A crematory must have the following authorizations in its possession before a crematory o…

24.147.1112 CREMATORY PROHIBITIONS Crematories, crematory operators, and crematory technicians shall not: engage in mortuary science as defined in 37-19-101, MCA; commingle human remains from more than one person unless authorized per 37-19-705, MCA, and ARM 24.147.1107; cremate …

24.147.1113 DESIGNATION AS CREMATORY OPERATOR OR TECHNICIAN (REPEALED) Authorizing statute(s): 37-19-202, MCA Implementing statute(s): 37-19-702, MCA History: NEW, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; REP, 2005…

24.147.1114 LICENSURE AS A CREMATORY OPERATOR Applicants for original licensure as a crematory operator shall submit an application provided by the department and the application fee. The application shall require evidence that: applicant is at least 18 years of age; applicant is…

24.147.1115 LICENSURE AS A CREMATORY TECHNICIAN Applicants for original licensure as a crematory technician shall submit an application provided by the department and the application fee. The application shall require: name of licensed crematory facility where applicant will be e…

24.147.1301 APPLICATIONS FOR CEMETERY LICENSES Applicants for a license to operate a cemetery must submit a completed application on forms provided by the department, electronically or by paper. Completed applications include appropriate fees and required documentation, including…

24.147.1302 MANAGERS Each cemetery for which a new license is required shall be operated under the supervision of a cemetery manager. The applicant for a new cemetery license will designate the cemetery manager. The cemetery company will notify the board within 30 days of a chang…

24.147.1303 CEMETERY CONTRACTS; PRICE DISCLOSURE A contract for the sale of prearranged cemetery services or commodities, the price of which may be modified at the time of delivery of those services or commodities, shall contain the following disclosure statement immediately adja…

24.147.1304 PERPETUAL CARE AND MAINTENANCE FUND REPORTS (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA Implementing statute(s): 37-19-807, 37-19-822, 37-19-823, MCA History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, f…

24.147.1305 AUDIT FEES (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA Implementing statute(s): 37-19-807, 37-19-808, 37-19-822, 37-19-823, MCA History: NEW, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2017 MAR p. 2187, Eff. 11/…

24.147.1310 REQUIREMENTS FOR BURIALS Except as provided in (2) and (3) , there shall be no less than 18 inches of dirt or turf on top of all vaults or caskets, and no less than six inches of dirt or turf on top of other containers of cremated remains. Cremated remains placed in a…

24.147.1311 CEMETERY AUTHORITY RULES (REPEALED) Authorizing statute(s): 37-19-807, MCA Implementing statute(s): 37-19-807, MCA History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; REP, 2006 MAR p. 1169, Eff. 5/5/06.

24.147.1312 RESTRICTIONS ON USE OF CEMETERY FUNDS (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA Implementing statute(s): 37-19-807, 37-19-822, MCA History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 200…

24.147.1313 TRANSFER OF CEMETERY OWNERSHIP In addition to the requirements of this rule, an application for a new cemetery license as described in ARM 24.147.1301 must be submitted when ownership of a cemetery company changes. When there is a change in ownership, the existing lic…

24.147.1314 PERPETUAL CARE AND MAINTENANCE FUNDS (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA Implementing statute(s): 37-19-807, 37-19-822, MCA History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002…

24.147.1501 BRANCH FACILITY (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, MCA Implementing statute(s): 37-19-827, 37-19-828, 37-19-829, MCA History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013…

24.147.1502 PREARRANGED, PREFINANCED, OR PREPAID FUNERALS Mortuaries, crematories, and cemeteries shall provide information to allow all people the opportunity to consider, in advance and prior to need, the type and prices of funeral arrangements which best meet their needs. All …

24.147.1503 REQUIREMENTS FOR SALE OF AT-NEED, PRENEED, AND PREPAID FUNERAL ARRANGEMENTS No person, firm, or corporation shall sell or offer to sell, or make or offer to make at-need funeral arrangements, preneed funeral arrangements, or prepaid funeral agreements, unless that per…

24.147.1504 PRENEED FUNERAL AGREEMENTS Every preneed funeral agreement executed in this state shall be reduced to writing, and must: be signed by the provider and by the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent or next of kin…

24.147.1505 TRUST FUNDS (REPEALED) Authorizing statute(s): 37-1-131, 37-19-101, 37-19-202, MCA Implementing statute(s): 37-19-827, 37-19-828, 37-19-829, MCA History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; REP, 2017 MAR p. 2187, Eff. 11/25/17.…

24.147.1506 PRENEED AGREEMENTS – NOTIFICATION OF CLOSURE OR CHANGE OF OWNERSHIP – MORTUARY, BRANCH ESTABLISHMENT, OR CREMATORY When there is a closure of a mortuary, branch establishment, or crematory, in addition to the requirements in ARM 24.147.407, the owner must: notify all …

24.147.1601 TRUST FUNDS – GENERAL This rule applies to cemetery perpetual and maintenance trust funds and preneed funeral trust funds managed by mortuaries and crematories. The following individuals or entities cannot borrow any prepaid funeral trust funds, including principal or…

24.147.1602 CEMETERY PERPETUAL CARE AND MAINTENANCE TRUST ACCOUNTS – GENERAL These rules are for the purpose of regulating management of cemetery perpetual care and maintenance trusts per the requirements of Title 37, chapter 19, part 8, MCA. Cemeteries licensed by the board must…

24.147.1603 CEMETERY PERPETUAL CARE AND MAINTENANCE TRUST ACCOUNTS – FINANCIAL RECORDS Cemeteries licensed by the board must maintain appropriate records per 37-19-822 and 37-19-823, MCA. In addition to the minimum requirements in 37-19-822(4), MCA, cemeteries must maintain the f…

24.147.1604 CEMETERY PERPETUAL CARE AND MAINTENANCE TRUST ACCOUNTS – ANNUAL REPORTING REQUIREMENTS Per ARM 24.147.1602 cemeteries will report annually to the board: the name(s) and address(es) of the banking institution, savings or building and loan association, or credit union i…

24.147.1605 CEMETERY PERPETUAL CARE AND MAINTENANCE TRUST ACCOUNTS – AUDITS At its discretion, the board may conduct audits of licensed cemeteries per 37-19-807(1) and 37-19-808, MCA, and these rules. Reasons for audits include, but are not limited to: public complaints; and boar…

24.147.1606 MORTUARY AND CREMATORY PRENEED TRUST ACCOUNTS – GENERAL These rules are for the purpose of regulating management of preneed funeral trust accounts per the requirements of Title 37, chapter 19, part 8, MCA. Mortuaries and crematories licensed by the board must establis…

24.147.1607 MORTUARY AND CREMATORY PRENEED TRUST ACCOUNTS – FINANCIAL RECORDS Mortuaries and crematories licensed by the board must maintain appropriate records per statute and these rules. In addition to preneed agreements as described in ARM 24.147.1504, mortuaries and cremator…

24.147.1608 MORTUARY AND CREMATORY PRENEED TRUST ACCOUNTS – ANNUAL REPORTING REQUIREMENTS Per ARM 24.147.1606, mortuaries and crematories will report annually to the board: the name(s) and address(es) of the banking institution, savings or building and loan association, or credit…

24.147.1609 MORTUARY AND CREMATORY PRENEED TRUST ACCOUNTS – AUDITS At its discretion, the board may conduct audits of preneed funeral trusts. Reasons for audits include, but are not limited to: public complaints; and board action on annual trust reports submitted per ARM 24.147.1…

24.147.201 PROCEDURAL RULES The Board of Funeral Serviceadopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TR…

24.147.202 PUBLIC PARTICIPATION The Board of Funeral Serviceadopts and incorporatesthe public participation rules of the Department ofLabor and Industryas listed in chapter 2 of this title. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, E…

24.147.2101 CONTINUING EDUCATION REQUIREMENTS – MORTICIANS Continuing education consists of educational activities designed to: review existing concepts and techniques; convey information beyond the basic professional education; and update knowledge on the practice and advances i…

24.147.2102 SPONSORS (REPEALED) Authorizing statute(s): 37-1-319, 37-19-202, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1983 MAR p. 273, Eff. 4/1/83; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, f…

24.147.2108 EXCEPTIONS - NOT ENGAGING IN THE PRACTICE OF FUNERAL SERVICE (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-19-202, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p…

24.147.2109 PENALTY FOR NONCOMPLIANCE (REPEALED) Authorizing statute(s): 37-19-202, 37-19-316, MCA Implementing statute(s): 37-19-316, MCA History: NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

24.147.2301 UNPROFESSIONAL CONDUCT For the purpose of implementing 37-1-319, MCA, the board defines unprofessional conduct to include, but not be limited to, the following: solicitation of dead human bodies by the licensee, the licensee's agents, assistants, or employees, whether…

24.147.2302 LICENSEE RESPONSIBILITY IN CASE OF CRIME OR VIOLENCE IN CONNECTION WITH CAUSE OF DEATH (REPEALED) Authorizing statute(s): 37-1-136, 37-19-202, MCA Implementing statute(s): 37-1-136, 37-19-311, 37-19-404, MCA History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from C…

24.147.2303 FREEDOM OF CHOICE RIGHTS OF NEXT OF KIN AND FAMILY (REPEALED) Authorizing statute(s): 37-1-136, 37-19-202, MCA Implementing statute(s): 37-1-136, 37-19-311, 37-19-404, MCA History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 …

24.147.2304 UNLAWFUL PRACTICE (REPEALED) Authorizing statute(s): 37-1-136, 37-19-202, MCA Implementing statute(s): 37-1-136, 37-19-311, 37-19-404, MCA History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

24.147.2305 SCREENING PANEL (REPEALED) Authorizing statute(s): 37-19-202, MCA Implementing statute(s): 37-1-307, MCA History: NEW, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

24.147.2401 COMPLAINT FILING (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, MCA Implementing statute(s): 37-1-307, 37-1-308, 37-1-309, MCA History: NEW, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013 M…

24.147.301 CONTINUING EDUCATION DEFINITIONS (REPEALED) Authorizing statute(s): 37-1-319, 37-19-202, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1983 MAR p. 273, Eff. 4/1/83; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce…

24.147.302 DEFINITIONS As used in this chapter, the following definitions apply: "Authorization for Removal, Transportation and Final Disposition of a Dead Body (ART) form" means the form developed by the Department of Public Health and Human Services per 50-15-405, MCA, which pr…

24.147.401 FEE SCHEDULE Facility application fees Mortuary $544 Mortuary branch facility 544 Crematory 544 Cemetery 1813 Facility inspection or reinspection fees Mortuary 290 Mortuary branch facility 290 Crematory 290 Cemetery 290 Individual application fees Mortician 544 Cremato…

24.147.403 INSPECTIONS – MORTUARIES, BRANCH ESTABLISHMENTS, AND CREMATORIES A board-designated inspector will conduct annual on-site inspections of all existing licensed mortuaries, branch establishments, and crematories for compliance with board regulations. Inspections may be c…

24.147.404 FEE ABATEMENT The Board of Funeral Service adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301. Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA Hist…