Title 37, Title 37

A person, partnership, association, corporation, or limited liability company violating the provisions of this part is guilty of a misdemeanor. On conviction for any violation of this part, the board may revoke a permit or registration issued pursuant to this part or issue other …

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Arrangements" includes: (a) planning the details of funeral service, including time of service, type of service, and, if requested, acquiring the services of clergy; (b) obtaining the ne…

The board shall elect a presiding officer, secretary-treasurer, and other necessary officers. Board members are entitled to receive compensation and travel expenses as provided for in 37-1-133.

The board shall hold meetings as may be necessary. The board may adopt and enforce rules to carry out the purposes of this chapter.

(1) The department shall deposit in the state special revenue fund for use by the board the death certificate fees transferred to the department pursuant to 7-4-2631 and 50-15-111. (2) The revenue received by the board under subsection (1) must be used by the board for the genera…

(1) The practice of mortuary science is limited to: (a) licensed morticians; (b) licensed interns; and (c) students exempted under 37-19-308. (2) A person 18 years of age or older wishing to practice mortuary science in this state shall apply to the board on the form and in the m…

A person licensed to practice mortuary science under a mortician's license may renew the license on payment of the renewal license fee set by the board by rule.

An applicant currently enrolled in or having already graduated from a program qualifying under 37-19-302(3)(b) shall, upon payment of a license fee prescribed by the board, be granted an intern mortician's license to practice mortuary science under the supervision of a licensed m…

Money collected by the department under this chapter shall be deposited for the use of the board, subject to 37-1-101(6).

(1) A student currently enrolled in an accredited or approved funeral service or mortuary science degree program may engage in the practice of mortuary science without a license under this chapter if practicing: (a) as part of a required student clinical practicum associated with…

The board shall adopt rules requiring mortuaries to disclose in writing to all customers a complete itemized list of all funeral costs and complete information regarding the need for embalming.

An operating mortuary must be licensed by the board. The license must be displayed in a conspicuous place.

(1) The operation of a mortuary is prohibited by anyone not holding a mortician's license. (2) A license to operate a new mortuary facility in Montana may be issued only if the proposed mortuary facility meets standards for operating mortuaries adopted by the board. (3) (a) An ap…

(1) The board may adopt rules prescribing reasonable standards for operating mortuaries, including minimum requirements for drainage, ventilation, and instruments. The board may inspect the premises of a mortuary establishment to determine if rules are complied with. Inspections …

The legislature finds that because the practice of crematory operation affects the lives of the people of this state and because some Montanans may exercise their right to choose cremation for themselves or a loved one, it is the purpose of this part to: (1) provide standards for…

(1) A person doing business in this state or a cemetery, mortuary, corporation, partnership, joint venture, voluntary organization, or other entity that erects, maintains, or provides the necessary appliances and facilities for the cremation of human remains and that conducts cre…

(1) Application for a crematory, crematory operator, or crematory technician license must be on forms prescribed by the board and must include the name of the applicant, name of the crematory facility, location of the crematory facility and its mailing address, and any further in…

(1) Except as otherwise provided in this chapter, a crematory may not cremate human remains until it has received a cremation authorization. (2) A crematory may not accept unidentified human remains. (3) Appropriate identification must be placed upon the exterior of the cremation…

(1) Human remains may not be cremated except in a licensed crematory. (2) Human remains may not be cremated within 24 hours after the time of death. (3) A body may not be cremated with a pacemaker or other potentially hazardous implant, as defined by the board, including any toxi…

(1) The person arranging the cremation shall require the authorizing agent to provide a signed statement that specifies the ultimate disposition of the cremated remains, if known. (2) The authorizing agent is responsible for specifying the disposition of the cremated remains. If,…

(1) A person signing a cremation authorization form shall warrant the truthfulness of any facts set forth in the form, including the identity of the deceased whose remains are to be cremated and the signer's authority to order cremation. (2) A crematory, crematory operator, or cr…

(1) Preneed cremation authorizations may be made with a cemetery, funeral establishment, crematory, or any other party. Preneed authorizations must specify the ultimate disposition of the cremated remains, be signed by the authorizing agent, and meet other requirements establishe…

This part may be referred to as the "Perpetually Maintained Cemeteries and Funeral and Cemetery Trusts Act".

The legislature declares that it is the public policy of this state to regulate privately owned, for-profit cemeteries to protect public health and promote financial stability through perpetual care and maintenance trusts, including the protection of money held in trust for prear…

(1) This part applies to: (a) all cemeteries and burial grounds located in the state of Montana unless the cemetery is owned and operated by: (i) a church or similar religious organization; (ii) a municipality or county government; (iii) a family, as a private family burial groun…

(1) In administering this part, the board may conduct reasonable periodic, special, or other examinations of a cemetery or cemetery company, mortuary, branch establishment, or crematory. (2) The examination may include but is not limited to: (a) an inspection of the physical cond…

(1) For each cemetery examined or each cemetery company audited as provided in 37-19-807 and in accordance with this part, the cemetery company shall pay to the board a fee for each examination or audit as the board prescribes by rule. When an examination or inspection is ordered…

(1) By January 1, 1998, a person operating a cemetery or a cemetery company governed by this part must have a permit issued by the board. The permit must be displayed in a conspicuous place at the cemetery. (2) A cemetery permit expires on the date set by board rule and may be re…

(1) Whenever a cemetery company that is subject to the provisions of this part proposes to amend its present permit for construction of a mausoleum, reduction or increase in percentage of gross sales proceeds to be placed in the perpetual care and maintenance fund, expansion of a…

(1) If a cemetery company that is subject to the provisions of this part is to be sold, if the ownership is to be otherwise transferred, or if a controlling interest in the company is to be sold or otherwise transferred, the proposed purchaser or transferee shall file an applicat…

(1) A perpetual care and maintenance fund established pursuant to the provisions of this part for the purpose of administration, care, and maintenance of a cemetery, including lots, grave spaces, crypts, niches, burial rights, or other land or buildings, is a trust fund. (2) The …

(1) A cemetery company shall make and keep accounts and records confirming that the cemetery company has made the required contributions to its perpetual care and maintenance fund. The burden is on the cemetery company to maintain the accounts and records. (2) All sales contracts…

(1) An instrument of conveyance for a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space must be issued to the purchaser upon complete payment of the purchase price. (2) Only a cemetery company or its agents may sell or convey the items lis…

A cemetery or cemetery company that is in existence on January 1, 1998, shall obtain the necessary permits required by this part in order to continue operation and is subject as of January 1, 1998, to the provisions of this part.

(1) Prearranged funeral or related services may be presented, negotiated, and sold to the public only by a licensed mortician. (2) Except as provided in subsection (5), all money paid pursuant to a contract for a prearranged funeral or related services must be held in trust for t…

(1) (a) A party that provides services pursuant to a contract for a prearranged funeral or related services and that receives money under the contract shall deposit the money within 10 business days of receipt in a banking institution or invest the money in the stock of a savings…

A banking institution, savings or building and loan association, or credit union shall report to the department prior to February 1 of each year all amounts that it has received and held in trust accounts created as provided in 37-19-828. The report must contain the name and addr…

This part may be cited as the "Montana Right of Disposition Act".

The legislature declares that it is the public policy of this state to provide an orderly and uniform system to determine which individuals hold the right to direct and carry out funeral and disposition arrangements for the remains of deceased individuals.

(1) A person who is 18 years of age or older and of sound mind, by entering into a prepaid funeral contract with any mortuary licensed under Title 37, chapter 19, part 4, or by providing disposition directions may direct the location, manner, and conditions of disposition of the …

(1) A person who is 18 years of age or older and of sound mind wishing to authorize another person to control the disposition of the person's remains may execute an affidavit or a written instrument before a notary public in substantially the following form: "State of Montana ] s…

The provisions of 37-19-903 and 37-19-904(1) do not prevent the decedent's survivors, in the order listed in 37-19-904, from pursuing, at their own expense, meaningful services and making arrangements for funeral services that do not conflict with the decedent's instructions for …

A person entitled to the right of disposition under 37-19-904 forfeits that right and the right is passed on to the next qualifying person listed in 37-19-904 under the following circumstances: (1) the person is charged with deliberate or negligent homicide in connection with the…

(1) The district court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition and make decisions regarding the decedent's remains if those sharing …

(1) A person who signs a funeral agreement, cremation authorization form, or other authorization for disposition must be considered as warranting the truthfulness of any facts set forth in the agreement, form, or authorization, including: (a) the identity of the decedent whose re…

A mortuary or mortician who relies in good faith on the instructions of an individual claiming the right of disposition is not subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructi…