Montana Administrative Code

24.147.406 FEDERAL TRADE COMMISSION REGULATIONS For the purpose of defining unprofessional conduct, the board adopts and incorporates by reference the Federal Trade Commission (FTC) Funeral Industry Practice Rules, 16 CFR 453 (1997), known as "the funeral rule," which, in general…

24.147.407 NAME CHANGE, CLOSURE, TRANSFER, OR CHANGE OF OWNERSHIP – MORTUARY, BRANCH ESTABLISHMENT, CREMATORY, OR CEMETERY Using forms provided by the department, mortuaries, branch establishments, crematories, and cemeteries must notify the board within ten days of any of the fo…

24.147.408 TRANSPORTATION AND CUSTODY OF HUMAN REMAINS Authorization to remove and transport a body from place of death must be made by a physician, physician designee, advanced practice registered nurse, coroner, or mortician per 50-15-405, MCA. Once removal is authorized, only …

24.147.409 CHANGE OF MORTICIAN-IN-CHARGE OR CREMATORY OPERATOR-IN-CHARGE When there is a change of mortician-in-charge at a mortuary or branch establishment or a crematory operator-in-charge at a crematory, the following must occur: the mortician or crematory operator who has cea…

24.147.410 NONLICENSED PERSONNEL Nonlicensed personnel must be supervised by the mortician-in-charge of the mortuary or branch establishment. The mortician-in-charge assumes full legal and ethical responsibility for tasks performed by nonlicensed personnel. The mortician-in-charg…

24.147.411 CONTRACT FOR FUNERAL GOODS AND SERVICES The current address, telephone number and name of the board of funeral service shall appear prominently on any contract for funeral goods and services offered by a private cemetery, crematory or mortuary. At a minimum, the inform…

24.147.412 RECORDS The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated and of the interment of remains on the premises under the person's charge, in each case stating the name of each deceased per…

24.147.414 NONROUTINE APPLICATIONS For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. Nonroutine applications must be reviewed and approved by the board before a license may be is…

24.147.415 APPLICANTS WITH CRIMINAL CONVICTIONS The board incorporates ARM 24.101.406 by reference with no modifications. Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 37-1-101, 37-1-131, MCA History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

24.147.417 SUBSTANTIAL EQUIVALENCY The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Funeral Service publication. The publication is available on the board’s website. The board intends to review the publication annually. However…

24.147.501 OUT-OF-STATE MORTICIAN LICENSES Applicants for licensure as morticians who are currently licensed in another state or jurisdiction must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required docu…

24.147.502 INACTIVE STATUS AND CONVERSION TO ACTIVE STATUS A person holding an individual license may request inactive status on the renewal form or by informing the board office in writing and paying the appropriate fee. The inactive licensee must keep the board informed of any …

24.147.503 CONDITIONAL PERMISSION TO PRACTICE WHILE ON INACTIVE STATUS (REPEALED) Authorizing statute(s): 37-19-202, MCA Implementing statute(s): 37-19-316, MCA History: NEW, 1985 MAR p. 1610, Eff. 11/1/85; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/1…

24.147.504 MORTICIAN INTERNSHIP To apply for a mortician intern license, an applicant must submit: a completed application and fee; documentary evidence satisfactory to the department that the applicant is either enrolled in or has graduated from an approved mortuary science educ…

24.147.505 RENEWALS The department will renew licenses as specified in 37-1-141, MCA, ARM 24.101.408, 24.101.413, and 24.101.414. The renewal date for cemeteries is a five-year period set by 37-19-814, MCA. A "five-year period" means every five years beginning on July 1, 2000. Th…

24.147.506 RENEWAL OF CEMETERY LICENSE (REPEALED) Authorizing statute(s): 37-19-814, MCA Implementing statute(s): 37-19-814, MCA History: NEW, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013 MAR p. 1191, Eff. 7/12/13.

24.147.507 MORTICIAN LICENSES To apply for a mortician license, an applicant must submit: a completed application and fee; evidence of completion of the mortician internship or equivalent if completed in another jurisdiction; and evidence that the applicant has within 5 years pre…

24.147.508 MILITARY TRAINING OR EXPERIENCE Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as morticians, mortician interns, crematory operators, and crematory technicians. Relevant military…

24.147.509 EXAMINATIONS (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-19-202, MCA Implementing statute(s): 37-1-131, 37-19-302, 37-19-303, 37-19-304, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p.…

24.147.901 MORTUARY AND BRANCH ESTABLISHMENT OPERATION STANDARDS A mortuary or branch establishment cannot operate unless: a license or temporary permit has been issued to the current owner; and there is a designated mortician-in-charge as per these rules. The board must be notif…

24.147.902 DISCLOSURE STATEMENT ON EMBALMING As required by the FTC Funeral Rule, all funeral providers shall add the following statement next to the price for embalming on the funeral provider's General Price List (GPL): "Except in certain special cases, embalming is not require…

24.147.904 MORTUARY AND BRANCH ESTABLISHMENT LICENSES AND TEMPORARY PERMITS Applicants for licensure as a mortuary or branch establishment must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documen…

24.148.2101 CONTINUING EDUCATION REQUIREMENTS The department will not pre-approve continuing education (CE) programs or sponsors. Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to gene…

24.148.2301 UNPROFESSIONAL CONDUCT In addition to the conduct specified in 37-1-410, MCA, the department defines unprofessional conduct for genetic counselors as follows: violation of any state or federal statute or rule regulating the practice of genetic counseling; incompetence…

24.148.401 FEE SCHEDULE Application fee$500 Renewal fee 250 Temporary license 50 Additional standardized fees are specified in ARM 24.101.403. All fees are nonrefundable. Authorizing statute(s): 37-1-134, 37-49-103, 37-49-201, MCA Implementing statute(s): 37-1-134, 37-49-103, 37-…

24.15.101 DIVISION ORGANIZATION (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 12/31/72; AMD, Eff. 5/30/86; REP, 2022 MAR p. 612, Eff. 4/30/22.

24.15.501 ADOPTION OF MODEL RULES (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-202, MCA History: NEW, 12/31/72; AMD, Eff. 5/30/86; REP, 2022 MAR p. 612, Eff. 4/30/22.

24.15.615 MEDIATION AND HEARING REQUESTS A party receiving an adverse decision may request a contested case hearing within 15 days from the date the decision is sent. A request for a contested case hearing must include a statement whether the requesting party wishes to engage in …

24.150.101 BOARD ORGANIZATION (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2023 MAR p. 300, Eff. …

24.150.201 PROCEDURAL RULES (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2023 MAR p. 300, Eff. 3/…

24.150.202 PUBLIC PARTICIPATION (REPEALED) Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, 1978 MAR p. 75; Eff. 1/25/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 395; AMD, …

24.150.2101 RENEWALS (REPEALED) Authorizing statute(s): 37-1-131, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-1-141, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 202, Eff. 2/14/86; AMD, 1997 MAR p. …

24.150.2201 CONTINUING EDUCATION REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1986 MAR p. 202, Eff. 2/14/86; AMD, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1999 MAR p. 343, Eff. 2/26/99;…

24.150.2202 EXCEPTIONS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-16-202, MCA Implementing statute(s): 37-1-141, 37-1-306, MCA History: NEW, 1986 MAR p. 202, Eff. 2/14/86; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2007 MAR p. 468, Eff. 4/13/07; REP, 2010 MAR p. 1…

24.150.2203 PROOF OF ATTENDANCE (REPEALED) Authorizing statute(s): 37-1-319, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-1-306, MCA History: NEW, 1986 MAR p. 202, Eff. 2/14/86; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2010 MAR p. 1085, Eff. 4/30/10; REP, 2019 MAR p. 5…

24.150.2204 STANDARDS FOR APPROVAL (REPEALED) Authorizing statute(s): 37-1-319, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-1-306, MCA History: NEW, 1986 MAR p. 202, Eff. 2/14/86; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2010 MAR p. 1085, Eff. 4/30/10; REP, 2019 MAR p…

24.150.2301 UNPROFESSIONAL CONDUCT (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-16-411, MCA History: NEW, Eff. 9/4/74; AMD, Eff. 9/4/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, …

24.150.301 DEFINITIONS (REPEALED) Authorizing statute(s): 37-1-131, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-1-304, 37-16-301, 37-16-303, 37-16-304, MCA History: NEW, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1997 MAR p. 2281, Eff. 12/16/9…

24.150.401 FEES (REPEALED) Authorizing statute(s): 37-1-131, 37-1-134, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-16-402, 37-16-405, 37-16-406, MCA History: Eff. 12/31/72; AMD, Eff. 2/5/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, …

24.150.402 RECORD RETENTION (REPEALED) Authorizing statute(s): 37-1-131, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-16-301, 37-16-303, 37-16-304, 37-16-411, MCA History: NEW, Eff. 2/5/76; AMD, Eff. 6/5/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff.…

24.150.403 NOTIFICATION (REPEALED) Authorizing statute(s): History: 37-16-202, MCA Implementing statute(s): 37-16-202, MCA History: NEW, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; TRANS, from Commerce, 2002 MAR p. 395; REP, 2010 MAR p. 1085, Eff. 4/30/10.…

24.150.404 FEE ABATEMENT (REPEALED) Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA History: NEW, 2007 MAR p. 468, Eff. 4/13/07; AMD, 2019 MAR p. 1862, Eff. 10/19/19; REP, 2023 MAR p. 1558, Eff. 11/4/23.

24.150.501 EXAMINATION - PASS/FAIL POINT (REPEALED) Authorizing statute(s): 37-1-131, 37-16-202, MCA Implementing statute(s): 37-16-405, 37-16-406, MCA History: NEW, 1978 MAR p. 723, Eff. 5/26/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 …

24.150.503 TRAINEESHIP REQUIREMENTS AND STANDARDS (REPEALED) Authorizing statute(s): 37-1-131, 37-16-202, MCA Implementing statute(s): 37-1-131, 37-16-301, 37-16-405, MCA History: Eff. 12/31/72; AMD, Eff. 3/7/74; AMD, Eff. 9/4/75; AMD, Eff. 6/5/76; TRANS, from Dept. of Prof. & Oc…

24.150.504 LICENSEES FROM OTHER STATES (REPEALED) Authorizing statute(s): 37-1-304, 37-16-202, MCA Implementing statute(s): 37-16-406, MCA History: NEW, 1994 MAR p. 2714, Eff. 10/14/94; AMD, 1997 MAR p. 832, Eff. 5/6/97; TRANS, from Commerce, 2002 MAR p. 395; REP, 2010 MAR p. 108…

24.150.505 INACTIVE STATUS (REPEALED) Authorizing statute(s): 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1993 MAR p. 534, Eff. 4/16/93; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1085, Ef…

24.150.507 MILITARY TRAINING OR EXPERIENCE (REPEALED) Authorizing statute(s): 37-1-145, MCA Implementing statute(s): 37-1-145, MCA History: NEW, 2014 MAR p. 1394, Eff. 6/27/14; AMD, 2019 MAR p. 52, Eff. 1/12/19; REP, 2023 MAR p. 1558, Eff. 11/4/23.