MortSci 2012
Montana Funeral Law
Disclaimer: While every effort was made to ensure the accuracy and completeness of the Funeral Laws and regulations available on the State’s website, the documents are not official, and the state agencies preparing this website and the Compiler are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the States Laws are considered valid
Montana Statute/Rule Information The Board of Funeral Services was established by the Legislature to regulate the practice of and establish standards for individuals and businesses participating in and practicing funeral services in Montana. Members of the funeral service industry should be aware of their obligations under Montana law and administrative rule. The Montana Code Annotated (MCA) includes laws passed by the Legislature. Professional and occupational licensing laws can be found in Title 37, Chapter 1, Part 3. These statutes, known as the Uniform Regulatory Act, were passed in 1995. Administrative Rules of Montana (ARM) are often referred to as regulations. The Board adopts administrative rules in order to administer laws over which the Legislature has given the Board authority. Boards are required to follow a process known as the Montana Administrative Procedures Act when they notice or conduct meetings, propose new rules or make changes to existing rules to ensure public participation. The Board files a public notice in the Montana Administrative Register (MAR) on any proposed rule changes or new rules. You can keep track of any rule changes by viewing MAR online, or by contacting the board office and requesting to be added to the board’s interested parties list. Those on the list receive notification of all meetings, rule notices, and legal announcements.
OF FUNERAL SERVICE Subchapter 1 Organizational Rule Rule 24.147.101 Board Organization Subchapter 2 Procedural Rules Rule 24.147.201 Procedural Rules 24.147.202 Citizen Participation Rules Subchapter 3 Definitions Rule 24.147.301 Continuing Education Definitions 24.147.302 Funeral Service Definitions Subchapter 4 Substantive Rules Rule 24.147.401 Fee Schedule 24.147.402 Mortician Application 24.147.403 Inspections 24.147.404 Fee Abatement 24.147.405 Examination 24.147.406 Federal Trade Commission Regulations Rules 24.147.407 through 24.147.410 reserved ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13501 DEPARTMENT OF LABOR AND INDUSTRY Rule 24.147.411 Contract for Funeral Goods and Services 24.147.412 Records
Subchapter 5 Licensing Rule 24.147.501 Licensure of Out-of-State Applicants 24.147.502 Inactive Status and Activation 24.147.503 Conditional Permission to Practice While on Inactive Status 24.147.504 Internship 24.147.505 Renewals 24.147.506 Renewal of Cemetery License Subchapters 6 through 8 reserved Subchapter 9 Mortuary Requirements Rule 24.147.901 Sanitary Standards - Preparation Room 24.147.902 Disclosure Statement on Embalming 24.147.903 Transfer or Sale of Mortuary License Subchapter 10 reserved Subchapter 11 Crematory Rules Rule 24.147.1101 Crematory Facility Regulation 24.147.1102 Casket/Containers 24.147.1103 Shipping Cremated Human Remains 24-13502 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE Rules 24.147.1104 through 24.147.1109 reserved Rule 24.147.1110 Identifying Metal Disc 24.147.1111 Processing of Cremated Remains 24.147.1112 Crematory Prohibitions 24.147.1113 Designation as Crematory Operator or Technician (REPEALED) 24.147.1114 Licensure as a Crematory Operator 24.147.1115 Licensure as a Crematory Technician Subchapter 12 reserved Subchapter 13 Cemetery Regulation Rules Rule 24.147.1301 Applications for Cemetery Licenses 24.147.1302 Managers 24.147.1303 Cemetery Contracts; Price Disclosure 24.147.1304 Perpetual Care and Maintenance Fund Reports 24.147.1305 Audit Fees Rules 24.147.1306 through 24.147.1309 reserved 24.147.1310 Requirements for Burials 24.147.1311 Cemetery Authority Rules (REPEALED) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13503 DEPARTMENT OF LABOR AND INDUSTRY Rule 24.147.1312 Restrictions on Use of Cemetery Funds 24.147.1313 Transfer of Cemetery Ownership
24.147.1314 Perpetual Care and Maintenance Funds Subchapter 14 reserved Subchapter 15 Branch Facilities and Prearranged Funeral Agreements Rule 24.147.1501 Branch Facility 24.147.1502 Prearranged, Prefinanced, or Prepaid Funerals 24.147.1503 Requirements for Sale of At-Need, Preneed, and Prepaid Funeral Arrangements 24.147.1504 Preneed Funeral Agreements 24.147.1505 Trust Funds Subchapters 16 through 20 reserved Subchapter 21 Continuing Education Rules Rule 24.147.2101 Continuing Education Requirements 24.147.2102 Sponsors Rules 24.147.2103 through 24.147.2107 reserved 24.147.2108 Exceptions - Not Engaging in the Practice of Funeral Service 24.147.2109 Penalty for Noncompliance Subchapter 22 reserved 24-13504 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE Subchapter 23 Unprofessional Conduct Rule 24.147.2301 Unprofessional Conduct 24.147.2302 Licensee Responsibility in Case of Crime or Violence in Connection with Cause of Death 24.147.2303 Freedom of Choice Rights of Next of Kin and Family 24.147.2304 Unlawful Practice 24.147.2305 Screening Panel Subchapter 24 Complaint Procedures Rule 24.147.2401 Complaint Filing NEXT PAGE IS 24-13511 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13505 FUNERAL SERVICE 24.147.101 Sub-Chapter 1 Organizational Rule 24.147.101 BOARD ORGANIZATION (1) The board of funeral service hereby adopts and incorporates the organizational rules of the department of labor and industry as listed in chapter 1 of this title. (History: 37-19-202, MCA; IMP, 2-4201, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13515 ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13511
FUNERAL SERVICE 24.147.202 Sub-Chapter 2 Procedural Rules 24.147.201 PROCEDURAL RULES (1) The board of funeral service hereby adopts and incorporates the procedural rules of the department of labor and industry as listed in chapter 2 of this title. (History: 37-19-202, MCA; IMP, 2-4-201, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.202 CITIZEN PARTICIPATION RULES (1) The board of funeral service hereby adopts and incorporates by this reference the public participation rules of the department of commerce as listed in chapter 2 of this title. (History: 37-19-202, MCA; IMP, 2-3-103, MCA; NEW, Eff. 4/4/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13519 ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13515 FUNERAL SERVICE 24.147.302 Subchapter 3 Definitions 24.147.301 CONTINUING EDUCATION DEFINITIONS (1) For the purpose of these rules, the following definitions shall apply: (a) "Continuing education" is defined as an academic course, workshop, seminar, or other accepted activity developed for the purpose of increasing or sustaining the proficiency of the licensee to better serve the public. (b) "Licensee" means any person licensed to practice as a mortician or as a funeral director in the state of Montana. (c) "The continuing education compliance period" shall comprise the 12month period immediately prior to the licensee's renewal date. (d) "Inactive practitioner" for purposes of these rules shall mean an individual who has applied for inactive status and has been issued an inactive certificate. (e) "Conditional permission to practice" shall mean written permission granted by the board to an individual to practice as a mortician or funeral director for a period not to exceed one year, during which time he must obtain the required number of hours of continuing education. (History: 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; 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, 2002 MAR p. 790.) 24.147.302 FUNERAL SERVICE DEFINITIONS As used in this chapter, the following definitions apply: (1) "Funeral goods" means personal property typically sold or provided in connection with a funeral or the final disposition of human remains, including, but not limited to, caskets or other primary containers, cremation or transportation containers, outer burial containers, vaults, funeral clothing or accessories, monuments, cremation urns, and similar funeral or burial items. (2) "Funeral services" means those services typically provided in connection
with a funeral, or the final disposition of human remains, including, but not limited to, funeral directing services, embalming services, care of human remains, preparation of human remains for final disposition, transportation of human remains, use of facilities or equipment for viewing human remains, visitation, memorial services or services which are used in connection with a funeral or the disposition of human remains, coordinating or conducting funeral rites or ceremonies and similar funeral or burial services. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13519 24.147.302 DEPARTMENT OF LABOR AND INDUSTRY (3) "Guaranteed price agreement" means a prepaid funeral agreement under which, in exchange for the proceeds of a funeral trust or funeral insurance policy, the provider agrees to provide the stated funeral goods and services in the future, regardless of whether or not the retail value of those services and funeral goods exceeds the funds available from the funeral trust or funeral insurance policy at the time of death of the intended funeral recipient. (4) "Hazardous implants" is defined as being any foreign object or substance that has been surgically or otherwise placed in the human body that may present a threat of injury to the operator or crematory retort or related equipment during the cremation process, or to the public. (5) "Intended funeral recipient" means the person named in a prepaid funeral agreement for whose bodily disposition and/or related funeral services and goods and prepaid funeral agreement is intended to provide. The intended funeral recipient may or may not be the purchaser. This term includes the agent, guardian, or other person legally acting on behalf of the person considered the "intended funeral recipient." (6) "Nonguaranteed price agreement" means a prepaid funeral agreement funded with a funeral trust or funeral insurance policy, the proceeds of which the provider will apply to the current retail value of the prepaid funeral goods and services previously selected at the time of death of the intended funeral recipient, but which agreement shall not bind the provider to provide the services and funeral goods if the value thereof exceeds the funds available at the time of death of the intended funeral recipient. (7) "Permit" as referred to in 37-19-814, MCA, is defined to be synonymous with "license" for purposes of this chapter. (8) "Preneed funeral arrangement" or "preneed funeral agreement" means arrangements made with a licensed funeral director or licensed mortician by a person on the person's own behalf or by an authorized individual on the person's behalf prior to the death of the person. (9) "Prepaid funeral agreement" means a written agreement and all documents related thereto made by a purchaser with a provider prior to the death of the intended funeral recipient, with which there is connected a provisional means of paying for preneed funeral arrangements upon the death of the intended funeral recipient by the use of a funeral trust or funeral insurance policy, made payable to a provider and in return for which the provider promises to furnish, make available or provide the prepaid funeral goods or services, or both, specified in the agreement, the delivery of which occurs after the death of the intended funeral recipient.
24-13520 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.302 (10) "Prepaid funeral goods" means funeral goods purchased in advance of need and which will not be delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral goods shall not mean the sale of interment spaces offered or sold by a cemetery company. (11) "Prepaid funeral services" means funeral services which are purchased in advance of need and which will not be provided or delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral services shall not mean the sale of services incidental to the provision of interment spaces offered or sold by a cemetery company. (12) "Provider" means a licensed mortician or the licensed mortuary by whom the licensed mortician is employed, that is providing or offering to provide at-need, preneed or prepaid funeral arrangements, funeral goods or services. (13) "Purchaser" means the person named in a prepaid funeral agreement who purchases the prepaid funeral goods and services to be provided thereunder. The purchaser may or may not be the intended funeral recipient. If the purchaser is different than the intended funeral recipient, it is understood that the relationship of the purchaser to the intended funeral recipient includes a means to provide administrative control over the agreement on behalf of the intended funeral recipient. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-705, 37-19-814, 37-19-827, 37-19828, 37-19-829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) NEXT PAGE IS 24-13527 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13521 FUNERAL SERVICE 24.147.401 Subchapter 4 Substantive Rules 24.147.401 FEE SCHEDULE (1) Facility application fees (a) Mortuary $ 250 (b) Mortuary branch facility 250 (c) Crematory 250 (d) Cemetery 1250 (2) Facility inspection or reinspection fees (a) Mortuary 200 (b) Mortuary branch facility 200 (c) Crematory 200 (d) Cemetery 200 (3) Individual application fees (a) Mortician 250 (b) Crematory operator 200 (c) Crematory technician 200 (d) Mortician intern 220 (4) Activation of inactive license
(a) Mortician 100 (b) Crematory operator 50 (c) Crematory technician 50 (5) Facility renewal fees (includes annual inspection) (a) Mortuary 300 (b) Mortuary branch facility 50 (c) Crematory 300 (d) Cemetery (five-year renewal) 1000 (6) Individual renewal fees (a) Mortician - active 200 (b) Mortician - inactive 100 (c) Crematory operator - active 100 (d) Crematory operator - inactive 50 (e) Crematory technician - active 100 (f) Crematory technician - inactive 50 (7) Jurisprudence reexamination fee 100 (8) All fees are nonrefundable. (9) Additional standardized fees are specified in ARM 24.101.403. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13527 24.147.401 DEPARTMENT OF LABOR AND INDUSTRY (History: 37-1-131, 37-1-134, 37-19-202, 37-19-301, 37-19-303, 37-19-304, 37-19403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, MCA; IMP, 37-1-134, 37-1-141, 37-19-301, 37-19-303, 37-19-304, 37-19-402, 37-19-403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 328, Eff. 3/30/79; AMD, 1981 MAR p. 315, Eff. 3/27/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1987 MAR p. 477, Eff. 5/1/87; AMD, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1989 MAR p. 2193, Eff. 12/22/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 1998 MAR p. 2959, Eff. 11/6/98; RESCIND, (CI-75), 1999 MAR p. 66, Eff. 1/15/99; AMD, 1999 MAR p. 1201, Eff. 6/4/99; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.) 24-13528 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.403 24.147.402 MORTICIAN APPLICATION (1) Any person applying to the board for permission to take the examination shall present to the board evidence in the form of: (a) certified copy of the transcript of completion of 60 semester credit hours or 90 quarter credit hours from a college or university accredited by a regional accrediting agency recognized by the U.S. Department of Education; (b) certified copy of the final transcript from an accredited college of mortuary science accredited by the American Board of Funeral Service or its successor; (c) properly completed application form furnished by the department; and (d) certified copy of the certification form verifying successful completion of
the International Conference of Funeral Service Examining Board's examination. (2) All applications for licensure by the board will be considered nonroutine in nature and will be reviewed and approved by the board prior to issuance of the license. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-302, 37-19-303, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 328, Eff. 3/30/79; AMD, 1981 MAR p. 1058, Eff. 9/18/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.403 INSPECTIONS (1) An annual inspection fee as stated in ARM 24.147.401 shall be charged to each licensed mortuary and shall be included in the mortuary annual renewal fee. (2) A mortuary shall be inspected by the board or its designees in accordance with subchapter 9 of these rules. (3) A mortuary shall be inspected if its location has changed. (4) The board shall be notified within 30 days prior to moving or opening a new mortuary so arrangements can be made for inspection prior to opening. (5) Reinspection shall be made of a mortuary that does not meet the requirements of the board in ARM 24.147.901. (History: 37-1-131, 37-19-202, 7510-1006, MCA; IMP, 37-19-403, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, 75-10-1006, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13529 24.147.404 DEPARTMENT OF LABOR AND INDUSTRY 24.147.404 FEE ABATEMENT (1) 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. (History: 37-1-131, MCA; IMP, 17-2-302, 17-2-303, 37-1-134, MCA; NEW, 2006 MAR p. 1169, Eff. 5/5/06.) NEXT PAGE IS 24-13541 24-13530 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.406 24.147.405 EXAMINATION (1) The licensing examination shall be the national board examination of the Conference of Funeral Service Examining Boards and in addition, the statutes and rules under Title 37, chapter 19, MCA, pertinent portions of Title 46, chapter 4, MCA, relating to county coroner's duties, Title 50, chapter 15, MCA, relating to vital statistics and the rules of the Montana state Department of Public Health and Human Services covering registration of deaths, embalming, transportation, disposition of dead human bodies and funeral directing. (2) A grade of 75 percent must be obtained to pass the statutes and rules examination. (History: 37-19-202, MCA; IMP, 37-19-302, 37-19-303, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1989 MAR p. 2193, Eff. 12/22/89; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790.)
24.147.406 FEDERAL TRADE COMMISSION REGULATIONS (1) A licensed mortician in Montana shall comply with all Federal Trade Commission (FTC) regulations governing the pricing of funeral services and funeral goods and the method of paying for funeral services, as defined in a manner and a form in compliance with Federal Trade Commission Funeral Industry Practice Rules, 16 CFR 453 (1997) which are hereby incorporated by reference. A copy of the written statement of compliance shall be kept by the mortuary for a period of three years. The FTC rules are available at the board office, 301 South Park, P.O. Box 200513, Helena, MT 59620-0513. (History: 37-19-202, MCA; IMP, 37-19-403, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) Rules 24.147.407 through 24.147.410 reserved ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13541 24.147.411 DEPARTMENT OF LABOR AND INDUSTRY 24.147.411 CONTRACT FOR FUNERAL GOODS AND SERVICES (1) 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 information shall be in 10-point boldface type and make the following statement: "FOR MORE INFORMATION ON STATE CEMETERY, CREMATION AND MORTUARY REGULATIONS CONTACT: BOARD OF FUNERAL SERVICE, 301 SOUTH PARK, P.O. BOX 200513, HELENA, MT 59620-0513; TELEPHONE NUMBER (406) 8412393." (2) Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesman, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. Such a contract shall include and disclose the following: (a) the total contract price; (b) terms of payment, including any promissory notes or other evidences of indebtedness; and (c) an itemized statement of charges including, as applicable, the following: (i) charges for an interment plot; (ii) charges for performing burial, entombment or inurnment; (iii) charges for a monument or marker; (iv) charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the cemetery; (v) amounts to be deposited in the perpetual care and maintenance or special care fund; and (vi) any other charges, which shall be particularized. (3) In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery manager, salesman or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to
the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser's intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. 24-13542 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.412 (4) Every such cemetery contract shall contain in immediate proximity to the space reserved for the purchaser's signature, in a size equal to at least 10-point boldface type, the following statement: "YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER THE DATE OF THIS TRANSACTION, PROVIDED NO INTERMENT, SUBSTANTIAL SERVICE OR FUNERAL GOODS HAVE BEEN PROVIDED HEREUNDER. TO CANCEL, DELIVER OR MAIL WRITTEN NOTICE OF YOUR INTENT TO (NAME AND ADDRESS OF CEMETERY AUTHORITY OR CEMETERY MANAGER)." (5) Upon receipt of a valid notice of cancellation pursuant to this rule, the cemetery authority or manager having custody of any money or property paid or transmitted by the purchaser on account of the preneed contract, shall return such money or property to the purchaser. The cemetery authority or manager shall promptly notify the trustee if any such money or property has been transmitted thereto prior to receipt of the notice of cancellation. It shall be unlawful for any person to retain money or property received from a purchaser under such contract more than five business days after receiving or being apprized of a valid notice of cancellation. (6) Notwithstanding other provisions of this rule, the right of cancellation granted hereby shall not be applicable if an interment has been made, or substantial services or merchandise provided, under the terms of the contract. (History: 37-19807, MCA; IMP, 37-19-807, 37-19-822, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.412 RECORDS (1) 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 person, place of death, date of interment, name and address of the mortician and location of grave, niche or crypt. (2) A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. Transfer of any plot, heretofore or hereafter made, or any right of interment, shall be complete and effective when recorded on the books of the cemetery authority. (History: 37-19-807, MCA; IMP, 37-19-807, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13563 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13543 FUNERAL SERVICE 24.147.502
Subchapter 5 Licensing 24.147.501 LICENSURE OF OUT-OF-STATE APPLICANTS (1) Upon payment of the proper license fee, the board may issue a license to a person who, at the time of application, holds a current, active license in good standing, as a funeral director, mortician or crematory operator, issued by the proper authority of any state. When a person applies for licensure under this provision, the applicant shall provide information from the other state(s), and the board shall determine whether the requirements for obtaining such other license(s) are substantially equivalent to or stricter than the requirements of Montana law, as listed in ARM 24.147.402 and 24.147.1114 and 37-19-302 and 37-19-703, MCA. (2) Verification of applicant's current license in good standing shall be requested by the applicant to be sent directly from the other state. (3) "License" shall mean only those granted by other states under statutory provisions. (4) A completed application form shall be required from the applicant to initiate consideration for licensing. (5) All applicants for licensure under this rule shall be required to pass a jurisprudence examination, on Montana laws and rules, administered by the board. (History: 37-1-131, 37-19-202, MCA; IMP, 37-1-304, 37-19-302, 37-19-703, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.502 INACTIVE STATUS AND ACTIVATION (1) A licensee may place the license on inactive status by either indicating on the renewal form that inactive status is desired, or by informing the board office, in writing, that an inactive status is desired, and paying the appropriate fee. It is the sole responsibility of the inactive licensee to keep the board informed as to any change of address during the period of time the license remains on inactive status. Inactive licensees must pay the renewal fee annually to maintain license status. (a) A mortician, funeral director, crematory operator, or crematory technician who has maintained valid licensure in the state of Montana for a period greater than 49 years may request that their license be placed on inactive "emeritus" status. An inactive emeritus licensee will be exempt from payment of any fee for annual renewal of their inactive license; but all other provisions and procedures relating to inactive status and reinstatement to active status will apply. The board, at its discretion, may provide other recognition or distinction for emeritus licensees. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13563 24.147.502 DEPARTMENT OF LABOR AND INDUSTRY (2) A licensee may not practice any mortician, funeral director, intern, crematory operator or crematory technician work in the state of Montana while the license is in an inactive status. (3) Upon application and payment of the appropriate fee, the board may activate an inactive license if the applicant does each of the following: (a) signifies to the board, in writing, that upon issuance of the active license,
the applicant intends to be an active practitioner in the state of Montana; (b) presents satisfactory evidence that the applicant has attended six hours of continuing education which comply with the continuing education rules of the board for each year or portion of a year that licensee has been inactive, not to exceed 12 hours; (c) submits certification from the licensing body of all jurisdictions where the applicant is licensed or has practiced that the applicant is in good standing and has not had any disciplinary actions taken against the applicant's license, or if the applicant is not in good standing by that jurisdiction, an explanation of the nature of the violation(s) resulting in that status, including the extent of the disciplinary treatment imposed; and (d) successfully completes a Montana state rule examination, if applicant has been on inactive status for more than five years. (4) The board may grant conditional permission, not to exceed one year, allowing the applicant to practice while obtaining the required continuing education hours set forth above. No extension of the one year conditional practice permission shall be granted. (History: 37-1-131, 37-1-319, 37-19-202, MCA; IMP, 37-1-319, MCA; NEW, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24-13564 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.504 24.147.503 CONDITIONAL PERMISSION TO PRACTICE WHILE ON INACTIVE STATUS (1) Conditional permission to practice while on "inactive status" to assist in situations those licensed mortuaries where the licensed mortician is called away by illness or other emergency. (2) Conditional permission will be granted for a specific period of time, but no more than 60 days. (3) Practicing beyond 60 days will be considered as an active practitioner and must meet the continuing education requirements as other licensed practitioners as described in ARM 24.147.2101. (History: 37-19-202, MCA; IMP, 37-19-316, MCA; NEW, 1985 MAR p. 1610, Eff. 11/1/85; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.504 INTERNSHIP (1) The registered intern must complete all of his internship in the state of Montana and must report any change of sponsoring mortician within ten days to receive credit towards the 12 months internship. (2) To qualify, an intern must be a full-time employee at a licensed mortuary under the supervision of a licensed mortician and assist in the complete funeral (embalming, dressing, arrangement of funeral) of at least 25 bodies. (a) At least six months of the internship period must be served under the supervision of the same licensed mortician. (3) An intern may apply to the board for special consideration in cases involving closure of firm, hardship due to illness or death of supervising mortician, illness of intern or such other emergency that may occur. (4) Internship must be completed within three years of passing the examination. (a) If after a three-year period from passing the exam, the internship has not
been completed, the intern may apply for reexamination of state law and rules, and upon passing begin his internship anew. (b) No credit will be given for prior time served in an internship. (5) An intern mortician may perform all the duties and functions of a licensed mortician, as allowed and directed by the supervising mortician, who remains responsible for the professional actions of the intern. (a) "Supervision" means the extent of oversight required in the judgement of the supervisor, considering the circumstances of training, experience, judgement and professional development of the intern. (History: 37-19-202, MCA; IMP, 37-19304, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13565 24.147.505 DEPARTMENT OF LABOR AND INDUSTRY 24.147.505 RENEWALS (1) Renewal notices will be sent as specified in ARM 24.101.414. (2) All licenses, whether individual or establishment, with the exception of cemeteries, must be renewed pursuant to 37-1-141, MCA. The renewal date is set by ARM 24.101.413. (3) Renewals that are in any manner incomplete on receipt by the department will be returned to the licensee for completion and resubmission. To be considered complete, the renewal must: (a) be accompanied by the appropriate renewal fee. Checks returned to the department for any reason will be returned to the licensee for payment. The license will be considered not renewed until proper payment is received; (b) include an affidavit of continuing education if required for the license being renewed as specified in ARM 24.147.2101; and (c) be accompanied by any other material or documentation the board may require for renewal as identified on the renewal notice. (4) Completed renewals submitted to the board after the date specified in ARM 24.101.413 shall be considered late and subject to a late penalty fee as specified in ARM 24.101.403. (5) The provisions of ARM 24.101.408 apply. (History: 37-1-141, 37-19-202, 37-19-301, MCA; IMP, 37-1-141, 37-19-301, MCA; NEW, 2002 MAR p. 793, Eff. 1/18/02; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.) 24.147.506 RENEWAL OF CEMETERY LICENSE (1) All cemetery licenses must be renewed every five years beginning on July 1, 2000. (2) Prior to the renewal deadline date, the department will mail a renewal notice to the cemetery's preferred mailing address on file with the department. Failure to receive such renewal notice shall not relieve the licensee of the licensee's obligation to renew and pay renewal fees in a timely manner. (3) Renewals that are in any manner incomplete on receipt by the department will be returned to the licensee for completion and resubmission. To be considered complete, the renewal must: (a) be accompanied by the appropriate renewal fee. Checks returned to the
department for any reason will be returned to the licensee for payment. The license will be considered not renewed until proper payment is received; and (b) be accompanied by any other material or documentation the board may require for renewal as identified on the renewal notice. (4) Complete renewals submitted to the department after the renewal deadline date shall be considered late and subject to a late penalty fee in addition to the renewal fee. In the event of a late renewal, the licensee may be subject to disciplinary action by the department for unlicensed practice. (History: 37-19-814, MCA; IMP, 37-19-814, MCA; NEW, 2006 MAR p. 1169, Eff. 5/5/06.) Subchapters 6 through 8 reserved NEXT PAGE IS 24-13611 24-13566 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.901 Subchapter 9 Mortuary Requirements 24.147.901 SANITARY STANDARDS - PREPARATION ROOM (1) The preparation room shall be maintained in a clean and sanitary condition at all times. (2) The floors and walls of such room shall have tile, concrete or other nonporous materials covering the floor from wall to wall so that the preparation room may be kept in a sanitary condition at all times. (3) Preparation rooms shall contain only the articles, facilities and instruments necessary for the preparation of dead human bodies. (4) Such preparation room shall be equipped with proper sewerage, waste disposal and drainage facilities and systems. (5) The doors and windows of the preparation room shall be constructed so as to obstruct any view from the outside, properly screened and must provide proper ventilation for the room. (6) All tables, hoppers, sinks, receptacles, instruments and other appliances in such rooms shall be thoroughly cleansed and disinfected immediately at the conclusion of each operation. (7) The preparation room shall be strictly private and clearly so labeled on each door by a sign reading "private," or "authorized personnel only" or "no admittance." No one shall be allowed in the room while a dead human body is being prepared except persons authorized by a licensed mortician. (8) Waste and refuse shall be disposed of in a sanitary manner. Infectious wastes and sharps must be stored for disposal and disposed of in accordance with Title 75, chapter 10, part 10, MCA. (History: 37-19-202, 75-10-1006, MCA; IMP, 3719-403, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13611 24.147.902 DEPARTMENT OF LABOR AND INDUSTRY 24.147.902 DISCLOSURE STATEMENT ON EMBALMING (1) A licensed mortician shall include a statement on written contract materials intended for the public as to the conditions under which embalming is required, which statement shall
be in accordance with Department of Public Health and Human Services rules on embalming. (2) The following language shall be included with the requirement of (1): "Except in special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial." (History: 37-19-202, MCA; IMP, 37-19-315, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.903 TRANSFER OR SALE OF MORTUARY LICENSE (1) Upon the transfer or sale of a mortuary, the original license number may be retained by the mortuary facility upon written request to the board. (2) Whenever ownership is transferred outside existing ownership of any mortuary, cemetery or crematory, the mortuary, cemetery or crematory shall notify the board. A change in ownership, for purposes of this rule, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a mortuary is transferred in a single transaction, or in a related series transaction, or in a related series of transactions to one or more persons, associations or corporations. The notice shall specify the address of the principal offices of the mortuary, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and the stockholders. (3) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the mortuary is located within 30 days of the change of ownership. The notice shall specify the address of the principal offices of the mortuary, whether changed or unchanged, and shall specify the name and address of each new owner and each stockholder owning more than 5 percent of the stock of each new owner. (History: 37-19-202, 37-19-403, MCA; IMP, 37-19403, MCA; NEW, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) Subchapter 10 reserved NEXT PAGE IS 24-13633 24-13612 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1101 Subchapter 11 Crematory Rules 24.147.1101 CREMATORY FACILITY REGULATION (1) Each location of a crematory facility is considered a separate location and must be licensed separately from a mortuary, even though they may share the same common building. (2) The crematory facility shall comply with all applicable local, state and federal building codes. (3) A licensed crematory shall notify the board office promptly, in writing, of any change of crematory operator. (4) The telephone number of the fire department or rural fire district serving the crematory facility shall be posted in large bold numbers in a conspicuous place near all telephones in the crematory facility as well as in the office, if attached to a
mortuary facility. (5) The crematory operator is responsible for the maintenance and safe operation of equipment used in cremations. (6) All crematory facilities shall be kept and maintained in a clean and sanitary condition and all appliances used in the cremation process of dead human bodies shall be thoroughly cleansed and disinfected. (7) Floors and walls shall be constructed of an impervious material. (8) Used caskets or casket parts shall be placed in a storage room not available to the public view. (9) When the crematory facility is unable to cremate human remains immediately upon taking custody, the human remains shall be placed in a holding area which shall be marked "private" or "authorized personnel only." (10) Prior to beginning the cremation process, the crematory must have in its possession, written authorization(s) bearing the original, photocopied, or facsimile signatures of the authorizing agent and, if the death occurred in Montana, the coroner having jurisdiction or the state medical examiner. In addition, the following information must be included in the authorization and kept on record: (a) identification of the decedent; (b) identification and relationship of the authorizing agent; (c) hazardous implants or other medical devices; (d) personal property and disposition thereof; (e) disposition of cremated remains; (f) a description of the cremation process; (g) a release from liability per 37-19-707, MCA; and (h) any other information pertinent to the individual cremation. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13633 24.147.1102 DEPARTMENT OF LABOR AND INDUSTRY (11) Unauthorized persons may not be permitted in the cremation chamber area while any human remains are being placed within the cremation chamber, being cremated, or being removed from the cremation chamber. For this purpose authorization may be provided by the licensee performing the cremation or the authorizing agent. (History: 37-1-131, 37-19-202, 37-19-703, MCA; IMP, 37-19702, 37-19-703, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2005 MAR p. 650, Eff. 4/29/05; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.1102 CASKET/CONTAINERS (1) All caskets and alternative containers for cremation shall meet the following standards: (a) be able to be closed to provide a complete covering for the human remains; (b) be composed of readily combustible materials suitable for cremation; (c) be resistant to leakage or spillage; (d) be sufficient for handling with ease; (e) be able to provide protection for the health and safety of crematory personnel. (2) The crematory facility, at its discretion, has the right to remove
noncombustible materials such as handles or rails from caskets or containers prior to cremation and to discard them with similar materials from other cremations and other refuse in a nonrecoverable manner. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1103 SHIPPING CREMATED HUMAN REMAINS (1) Cremated human remains sent through the U.S. mail must be marked, registered, sealed and properly addressed. (2) Cremated human remains may also be shipped through a common carrier that has an internal tracing system. (3) Cost of mailing or shipping shall be paid by the authorized agent. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) Rules 24.147.1104 through 24.147.1109 reserved NEXT PAGE IS 24-13643 24-13634 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1111 24.147.1110 IDENTIFYING METAL DISC (1) It shall be the responsibility of the crematory operator, crematory technician or mortician to see that an identifying metal disc is attached to each receptacle containing human remains. When remains are to be cremated, the disc initially shall be secured to the top of the head end of the casket or alternate container. During the cremation process the disc shall be placed on the control panel, outside the retort. (2) The identifying metal disc shall be held on the outside control panel of the retort. The disc shall then be placed with the cremated remains inside the urn and the plastic liner. (3) The number of the identifying metal disc shall be written plainly and permanently on the outside of each receptacle containing human remains when the remains are delivered to a cemetery, columbarium or mausoleum. (4) In the case of scattering of cremated remains by a licensee, the identifying metal disc shall be made a part of the licensee's permanent record. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-704, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1111 PROCESSING OF CREMATED REMAINS (1) Upon completion of the cremation process, the recoverable residual of the cremation process shall be removed from the cremation chamber and the cremation chamber swept clean. All nonhuman residue shall be separated from the residue of human remains and placed in an enclosed, puncture-resistant container, and securely taped or capped to prevent the loss or exposure of contents during waste disposal. The residual cremated human remains shall be placed within a container or tray in such a way that will ensure against commingling with other cremated remains. The identifying metal disc shall be removed from the control panel area and attached to the container or tray of cremated human remains to await final processing. (a) The authorizing agent may specify that recoverable nonhuman residue that can be identified, in a manner satisfactory to the crematory operator in charge, as being related to that cremation may be returned to the custody of the authorizing
agent. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13643 24.147.1112 DEPARTMENT OF LABOR AND INDUSTRY (2) The recoverable residual of the cremation process shall undergo final processing. (3) Should the cremated remains or processed remains not adequately fill the container's interior dimensions, the extra space may be filled with packing material that will not become intermingled with the cremated remains or processed remains, and then securely closed. (4) When a temporary container is used to return the cremated remains or processed remains, the container shall be placed within a sturdy box and all box seams taped closed to increase the security and integrity of that container. The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained there. (History: 37-19-202, 37-19703, MCA; IMP, 37-19-704, 37-19-705, 37-19-706, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1112 CREMATORY PROHIBITIONS (1) It is prohibited to cremate fetuses, limbs and body parts from private or public health agencies, medical doctors or colleges and universities unless appropriate permits and releases are provided to the crematory facility. (2) Copies of such permits and releases shall remain with the crematory facility and the parties contracting for the cremation services. (3) Cremation of animals or pets of any type, is strictly prohibited in a crematory facility designed for cremation of human remains. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-704, 37-19-705, 37-19-706, 37-19-707, 37-19-708, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) 24-13644 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1114 24.147.1113 DESIGNATION AS CREMATORY OPERATOR OR TECHNICIAN (REPEALED) (History: 37-19-202, MCA; IMP, 37-19-702, MCA; 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 MAR p. 650, Eff. 4/29/05.) 24.147.1114 LICENSURE AS A CREMATORY OPERATOR (1) Applicants for original licensure as a crematory operator shall submit an application provided by the department and the application fee. (2) The application shall require evidence that: (a) applicant is at least 18 years of age; (b) applicant is a high school, or equivalency program graduate, as shown by certified transcripts, degrees, or certificates of completion; (c) applicant is of good moral character as shown by two letters of reference. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-702, 37-19-703, MCA; NEW, 1995 MAR p. 845, Eff. 5/12/95; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13645
24.147.1115 DEPARTMENT OF LABOR AND INDUSTRY 24.147.1115 LICENSURE AS A CREMATORY TECHNICIAN (1) Applicants for original licensure as a crematory technician shall submit an application provided by the department and the application fee. (2) The application shall require: (a) name of licensed crematory facility where applicant will be employed; (b) name of supervising licensed crematory operator; and (c) summary of training to be completed by applicant, including subject areas, method of testing, length of training, and name of person providing training. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-702, 37-19-703, MCA; NEW, 1995 MAR p. 845, Eff. 5/12/95; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) Subchapter 12 reserved NEXT PAGE IS 24-13661 24-13646 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1301 Subchapter 13 Cemetery Regulation Rules 24.147.1301 APPLICATIONS FOR CEMETERY LICENSES (1) Applications for a license to operate a cemetery shall be filed on a form furnished by the department at the principal office of the board. In addition to the payment of the fees, each application shall be accompanied by the following: (a) a certified copy of: (i) articles of incorporation, if applicable; (ii) application to the city or county planning commission for a cemetery use permit or rezoning for cemetery purposes, or both, if applicable; (iii) land use or zoning permit, if applicable; and (iv) perpetual care and maintenance trust agreement executed by the owner, the presiding officer, or other agent; (b) a statement signed by a majority and verified by the owner, the presiding officer, or other agent, which shall set forth: (i) names and addresses of the owners, partners, incorporators, directors, officers, and trustees of the perpetual care and maintenance fund, including the person who will be in charge of sales; (ii) a statement setting forth the size, location and topography of, and water available for, the property to be used for cemetery purposes; and (iii) a statement of the amount deposited to the perpetual care and maintenance fund, type of investment made or to be made and the proposed rate of contribution for the future; (c) an independent confirmation from the depository or other such proof of deposit of the initial contribution to the perpetual care and maintenance fund; (d) an accurate and readable map of the proposed cemetery site (scale not less than one inch to 500 feet) and surrounding area showing number of acres, highways, access roads, etc., and area to be initially developed delineated thereon; and (e) such other matters as the board may require by written notice to the
applicant. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19814, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13661 24.147.1302 DEPARTMENT OF LABOR AND INDUSTRY 24.147.1302 MANAGERS (1) 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 change in the cemetery manager. (2) Each cemetery manager shall post in a conspicuous place in the office or offices where sales are conducted a legible sign which shall indicate the name of the cemetery manager, as well as the salespeople's names. This sign shall be at least 5 1/2 inches high and 8 1/2 inches wide. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-814, 37-19-822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.1303 CEMETERY CONTRACTS; PRICE DISCLOSURE (1) 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 adjacent to the signature block, with a requirement for initials, in 10-point bold type: "YOU, THE PURCHASER, WILL HAVE TO PAY, AT THE TIME OF NEED, ANY ADDITIONAL CHARGES RESULTING FROM PRICE INCREASES FOR THE FOLLOWING PREARRANGED SERVICES AND COMMODITIES:...". (History: 37-19-807, MCA; IMP, 37-19-822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1304 PERPETUAL CARE AND MAINTENANCE FUND REPORTS (1) A cemetery shall be required to submit an annual report. The report must consist of an audit opinion or attestation opinion on a form provided by the board. The report shall consist of an opinion of the accountant or auditor preparing such report. The report must be prepared by an independent certified public accountant or a licensed public accountant, provided that such report fully and accurately discloses the position of the perpetual care and maintenance fund. Failure to provide the annual report shall void the operating license of the cemetery. 24-13662 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1304 (2) Each cemetery company shall file with the board annually, on or before June 1, or within five months after close of their fiscal year provided approval has been granted by the board, a written report in a format prescribed by the board setting forth: (a) the number of preneed and at-need grave spaces and the number of crypts and niches sold or disposed of under perpetual care and maintenance by specific periods as set forth on the form prescribed; (b) the amount collected and deposited in both the general and special perpetual care and maintenance funds segregated as to the amounts for crypts, niches and grave spaces by specific periods as set forth either on the accrual or
cash basis at the option of the cemetery authority; (c) a statement showing separately the total amount of the general and special perpetual care and maintenance funds invested in each of the investments authorized by law, and the amount of cash on hand not invested, which statement shall actually show financial condition of the funds; (d) a statement showing separately the location, description, and character of the investments in which the perpetual care and maintenance funds are invested. The statement shall show the valuations of any securities held in the perpetual care and maintenance fund; and (e) the report shall be verified by the owner, presiding officer, or their agent of the cemetery company, and shall be certified by the accountant or auditor preparing the report. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13663 24.147.1305 DEPARTMENT OF LABOR AND INDUSTRY (3) Any cemetery company that does not file its report within the time prescribed may be subject to disciplinary action as prescribed by the Montana Administrative Procedure Act, and 37-1-304, MCA, including a fine of up to $1000. (a) A cemetery company may request waiver or reduction of a fine by making a written request. The request shall be postmarked within 30 days of notice of the fine, and shall be accompanied by a statement showing good cause for the request. (b) The board may waive or reduce the fine where a timely request is made and where it determines, in its discretion, that the cemetery company has made a sufficient showing of good cause for the waiver or reduction. (c) The board shall examine the reports filed with it as to the cemetery company's compliance with all relevant statutes, as to the amount of perpetual care and maintenance funds collected and as to the manner of investment of such funds. (d) In the event that the board requires an audit, the board shall contract with a licensed or certified public accountant and the fee charged by the accountant for the actual cost of the audit must be paid by the cemetery company. (History: 37-1131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19-822, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.1305 AUDIT FEES (1) In the event that the board requires an audit, the board shall contract with a licensed or certified public accountant and the fee charged by the accountant for the actual cost of the audit must be paid by the cemetery company. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19807, 37-19-808, 37-19-822, 37-19-823, MCA; NEW, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) Rules 24.147.1306 through 24.147.1309 reserved NEXT PAGE IS 24-13687 24-13664 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1312 24.147.1310 REQUIREMENTS FOR BURIALS (1) 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. (2) Cremated remains placed in an urn or urn vault and covered with at least three-quarters of an inch of concrete, brass, granite, marble or metal plate, affixed to the urn or vault shall be exempt from the requirement of (1). (3) In the case of consensual double burials, the casket or vault that is on top shall be covered with at least 12 inches of dirt or turf as measured at the time of burial. (History: 37-19-807, MCA; IMP, 37-19-807, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1311 CEMETERY AUTHORITY RULES (REPEALED) (History: 3719-807, MCA; IMP, 37-19-807, MCA; 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 (1) No person or entity associated with the cemetery company shall directly or indirectly borrow from perpetual care funds, maintenance funds, or any trust funds of the cemetery company. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19807, 37-19-822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13687 24.147.1313 DEPARTMENT OF LABOR AND INDUSTRY 24.147.1313 TRANSFER OF CEMETERY OWNERSHIP (1) Whenever ownership of any cemetery company is proposed to be transferred, the cemetery company shall notify the board. A change in ownership, for purposes of this rule, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a cemetery company is transferred in a single transaction, or in a related series of transactions to one or more persons, associations, or corporations. The notice shall specify the address of the principal offices of the cemetery company, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and/or the stockholders thereof. (2) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the cemetery is located. The notice shall specify the address of the principal offices of the cemetery company, whether changed or unchanged, and shall specify the name and address of each new owner and/or each stockholder owning more than 5 percent of the stock. (3) When there is a change of ownership pursuant to this rule, the existing license shall become void and a new license shall be obtained from the board. (4) Every cemetery company shall post and continuously maintain at the main public entrance to the cemetery, a sign specifying the current name and mailing address of the cemetery company, a statement that the name and mailing address of each owner, presiding officer, and/or their agent of the cemetery company may be obtained by contacting the board, and the mailing address of the board. Such signs shall be at least 16 inches high and 24 inches wide and shall be prominently mounted upright and vertical. (5) The board shall suspend the license of any cemetery company which is in violation of the sign or public notice requirements of this rule. Such license may be reinstated only upon compliance with such requirements. (History: 37-1-131, 37-19-
202, 37-19-807, 37-19-816, MCA; IMP, 37-19-816, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.) 24-13688 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1314 24.147.1314 PERPETUAL CARE AND MAINTENANCE FUNDS (1) Every cemetery company which now or hereafter maintains a cemetery, shall place its cemetery under perpetual care and maintenance and establish, maintain, and operate a perpetual care and maintenance fund. Perpetual care and maintenance funds may be commingled for investment, and the income therefrom shall be divided between the perpetual care and maintenance fund in the proportion that each fund contributed to the principal sum invested. The funds shall be held in the name of the cemetery company or in the name of the trustees appointed by the cemetery company. (2) The principal of all funds for perpetual care and maintenance funds shall be invested, and the income only may be used for the care, maintenance, additions, improvements, or fixtures to the cemetery property, in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations, or other actions or instruments of the cemetery company and for no other purpose. Perpetual care and maintenance funds shall be maintained separate and distinct from all other funds, and the trustees shall keep separate records thereof. (3) The cemetery company may from time-to-time adopt plans for the general care and maintenance of its cemetery, and charge and collect from all subsequent purchasers of plots such reasonable sum as, in the judgment of the cemetery company, will aggregate a fund, the reasonable income from which will provide care and maintenance. (4) The perpetual care and maintenance fund under these provisions shall be kept separate and apart from all other cemetery funds. Separate records and books shall be kept of the perpetual care and maintenance fund. The amount to be deposited in the perpetual care and maintenance fund shall be separately shown on the original purchase agreement and shall be not less than 15 percent of the gross proceeds of each sale of cemetery property. A copy of the agreement shall be delivered to the purchaser. In the sale of cemetery property, no commission shall be paid a manager or salesman on the amount deposited by the purchaser in the fund. (5) Each cemetery shall at all times maintain and keep within the state of Montana all books, accounts, records, cash and evidences of investments of its general and special care funds. They shall be readily available for inspection and examination by the Board of Funeral Service in accordance with the provisions of the law. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, 5/5/06.) Subchapter 14 reserved NEXT PAGE IS 24-13721 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13689
FUNERAL SERVICE 24.147.1503 Subchapter 15 Branch Facilities and Prearranged Funeral Agreements 24.147.1501 BRANCH FACILITY (1) A branch facility need only consist of space for the purpose of visitation and funeral rites. Funeral arrangements and sale of funeral goods and services shall be permitted in this facility. Performance of embalming shall not be permitted. An annual renewal fee is required but no annual inspection will be mandated. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19-829, MCA; 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.) 24.147.1502 PREARRANGED, PREFINANCED, OR PREPAID FUNERALS (1) Mortuaries, crematories and cemeteries shall provide information to allow a continuing opportunity to all persons to consider, in advance and prior to need, the type and prices of the funeral or alternative thereto which best meets their needs. All prearranged, prefinanced or prepaid funerals shall be according to the law and rules of the state of Montana. (History: 37-1-131, 37-19-101, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19-829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1503 REQUIREMENTS FOR SALE OF AT-NEED, PRENEED, AND PREPAID FUNERAL ARRANGEMENTS (1) 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 person is a duly licensed mortician or funeral director. (2) The following monies shall be construed as trust funds in the possession of a funeral director, mortician, mortuary, cemetery, or any other person, firm or corporation: (a) any monies paid under or in connection with a funeral trust agreement where: (i) the funeral trust agreement is intended to provide funeral goods and/or service for the named person referred to in this part as beneficiary, who may or may not be the same person as the purchaser; ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13721 24.147.1504 DEPARTMENT OF LABOR AND INDUSTRY (ii) the sale of personal property to be used in connection with a funeral or burial, wherein the delivery of such personal property is not to occur until after the death of the beneficiary of the trust; and/or (iii) the furnishing of personal services are not rendered until the occurrence of the death of the beneficiary of the trust. (3) Trust funds shall be deposited within three business days after receipt in a special account maintained exclusively for the deposit of monies in a banking institution, savings or building and loan association or credit union that must have its principal place of business in this state and must be organized under federal and/or Montana law. (4) Trust funds shall be held on deposit, together with any interest until the personal property has been delivered and the personal services have been rendered, unless sooner repaid, in whole or in part.
(5) Any funeral trust agreement shall include a provision that a preneed purchaser shall receive a receipt for the deposited funds from the depository institution. The funeral trust agreement must include a disclosure to the preneed purchaser that the purchaser should receive the receipt within 30 days, and if the receipt is not received within the 30-day timeframe, the purchaser should contact the preneed seller. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19-829, MCA; 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.) 24.147.1504 PRENEED FUNERAL AGREEMENTS (1) Every preneed funeral agreement executed in this state shall be reduced to writing, and must: (a) 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, and (b) include at least the following information: (i) the name, address and telephone number of the mortuary intended to be utilized at the time of the agreement; (ii) the name and license number of the individual licensee acting as or on behalf of the provider; (iii) the purchaser's name, address and social security number; (iv) the name, address and social security number of the intended funeral recipient; (v) both a copy of the provider's current general price list and an itemized statement of funeral goods and services to be included in the agreement; (vi) full and complete disclosure of how the agreement is to be funded; 24-13722 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1504 (vii) whether the agreement is a guaranteed price agreement or nonguaranteed price agreement, which term, as applicable, shall be defined in the agreement in accordance with this subchapter; together with complete disclosure of how the planned funeral expenses shall be funded in the event the funds held by the trust are insufficient and means of disposition of any proceeds of the trust in excess of that needed for planned funeral goods and services; (viii) complete disclosure of rates of interest to be accrued on the invested funds, including any fees to be charged against the invested funds, how those fees are determined and how, when and to whom such fees are paid. (ix) full identification of the depository institution where the funds will be held, together with all pertinent account numbers or other means whereby the funds may be identified. (c) provide that all funeral arrangements and prepaid funeral trust agreements are revocable upon demand of the purchaser, if alive, and if not, then by the intended funeral recipient where they are different persons. The amount of any and all moneys paid under or in connection with such an agreement together with any and all interest, if any, accrued thereon while on deposit shall be repaid on demand at any time prior to the delivery of the prepaid funeral goods or the performance of the prepaid funeral services. Upon the death of the intended funeral recipient, the intended funeral recipient's authorizing agent shall have the right to revoke the funeral arrangements and to sever the funeral funding arrangements
from the funeral arrangements; except however, as provided in 37-19-708, MCA the means of disposition specified by the preneed funeral agreement may not be changed by the authorizing agent. In those instances where a prepaid funeral agreement is revoked, the moneys used to fund the agreement, including all principal and all accrued interest, shall be paid to: (i) the purchaser if alive, and if not, then to the personal representative or estate of the deceased purchaser; or (ii) the intended funeral recipient if the funds originally paid for a prepaid funeral agreement belonged to the intended funeral recipient and the agreement is funded through a trust; or (iii) the named beneficiaries on the insurance policy if the agreement is funded through a funeral insurance policy. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13723 24.147.1504 DEPARTMENT OF LABOR AND INDUSTRY (d) notwithstanding the provisions of (c) above to the contrary, an agreement may provide that the trust shall be irrevocable during the lifetime of the beneficiary, if at the time of the signing of an agreement, the intended funeral recipient of the trust is an applicant for or recipient of, benefits pursuant to the regulations of any public assistance agency or the medicaid program and utilizing the eligibility criteria of the supplemental social security income program in regard to burial spaces and funds set aside for burial expenses; or, a person who reasonably anticipates applying for, or receiving, such benefits within six months. A prepaid funeral agreement made irrevocable pursuant to this subchapter shall not affect the selection of funeral goods or services or the selection of the funeral home. If the intended funeral recipient of the trust enters into an agreement, reasonably anticipating that the intended funeral recipient will become an applicant for, or recipient of these programs within six months from the execution of the agreement, the agreement shall provide that, in the event the intended funeral recipient does not become an applicant for, or recipient of, any of these programs within the six month period, the trust shall revert to a revocable trust. (e) in circumstances wherein the agreement is made irrevocable, provisions must be made for a change of provider at the sole discretion of the purchaser or intended funeral recipient, without financial penalty or charge for such a change. (f) provide that, unless otherwise specified therein, a prepaid funeral agreement anticipates the provision of prepaid funeral goods and services in the area served by the provider. The agreement shall further provide that, if the intended funeral recipient's place of death is in a location other than that served by the provider, alternative funeral arrangements will be necessary unless otherwise provided for in the terms of the agreement. (g) provide for the provider's substitution of any funeral goods or services to be furnished or rendered thereunder for funeral goods of equal quality, value and workmanship, or services of equal quality and value in the event of the unavailability of any funeral goods or services set forth in the agreement. Any change in the price of the agreement resulting from such substitution of funeral goods and/or services shall be reflected in the statement of funeral goods and services rendered. (h) provide that, in the case of an agreement funded through a funeral trust, if
the purchaser predeceases the intended funeral recipient where they are different persons, and no provision is made within the agreement for designation of the purchaser's successor, then the intended funeral recipient shall automatically assume the legal right to administer the funeral trust as purchaser, including the right to withdraw any and all funds held in the funeral trust, and with all other rights formerly held by the purchaser. (2) Any provision of any such agreement whereby a person who pays money under or in connection therewith waives any provision of these rules shall be void. (History: 37-1-131, 37-19-101, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24-13724 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1505 24.147.1505 TRUST FUNDS (1) No licensee of the Montana Board of Funeral Service, or any director, officer, or employee of any mortuary, cemetery, crematory, or other provider shall directly or indirectly, for the director or officer, or as the partner or agent of others, borrow any prepaid funeral trust funds, including principal or accrued interest. No such person shall become an endorser or surety for loans to others, nor in any manner be an obligor for money borrowed from or loaned by the prepaid funeral trust. No business entity, of which a mortician, funeral director, mortuary employee, mortuary owner or family member of a mortician or funeral director, mortuary owner, or mortuary employee or business entity in which either of them is in any manner interested, shall borrow any of the funds of a preneed funeral trust. (History: 37-1-131, 37-19-101, 37-19-202, MCA; IMP, 37-19827, 37-19-828, 37-19-829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) Subchapters 16 through 20 reserved NEXT PAGE IS 24-13901 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13725 FUNERAL SERVICE 24.147.2101 Subchapter 21 Continuing Education Rules 24.147.2101 CONTINUING EDUCATION REQUIREMENTS (1) The basic requirement for continuing education shall be completion of a minimum of 12 clock hours in a two-year period, with a maximum carry-over from one year to the next of six hours. (2) Each licensee in this state shall sign an affidavit stating that he/she has completed a minimum of six clock-hours of continuing education courses, which affidavit shall be submitted as a part of his or her renewal application. (a) Compliance with the requirements of continuing education is a prerequisite for license renewal. (3) Hours of continuing education credit may be obtained by attending and participating in continuing education courses, workshops, seminars or other activities meeting the requirements herein. (4) The board/staff will not preapprove continuing education programs or sponsors. Qualifying criteria for continuing education are specified in these rules. It
is the responsibility of the licensees to select quality programs that contribute to their knowledge and competence which also meet these qualifications. (a) The continuing education program must meet the following criteria: (i) The activity must have significant intellectual or practical content. The activity must deal primarily with substantive funeral service issues. In addition, the board may accept continuing education activities from other professional groups or academic disciplines if the licensee demonstrates that the activity is substantially related to his or her role as a mortician. A continuing education program is defined as a class, institute, lecture, conference, or workshop. The following types of continuing education courses must require passage of a test following completion of the course: home study, cassette, videotape or activity delivered by other means. (ii) The activity itself must be conducted or written by an individual or group qualified by practical or academic experience. (iii) All acceptable continuing education courses must provide the licensee with documentation of program and attendance, containing at least the following information: full name and qualifications of the presentor; title of the presentation attended; number of hours and date of each presentation attended; name of sponsor; and description of the presentation format. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13901 24.147.2101 DEPARTMENT OF LABOR AND INDUSTRY (b) Implementation for continuing education shall be as follows: (i) One continuing education credit shall be granted for each hour of participation in the continuing education activity. A maximum of three credits per year by cassette, videotape or tested home study will be allowed. (ii) No continuing education is required for morticians renewing their license for the first time. (iii) The board will randomly audit 10 percent of the licensed morticians each year. Audited licensees must provide copies of completion certificates to the board as verification of compliance by the renewal deadline date. (A) The board will review these audit reports within six months of their receipt. (B) Those not receiving notice from the board regarding their continuing education should assume satisfactory compliance. (C) Licensees found to be in noncompliance with the requirement will be asked to submit to the board for approval a plan to complete the continuing education requirements for licensure. (D) Prior to the next consecutive year's license renewal deadline, those licensees who were found to be in noncompliance will be formally reviewed to determine their eligibility for license renewal. Licensees, who at this time have not complied with continuing education requirements, will not be granted license renewal until they have fulfilled the board-approved plan to complete the requirements. (E) Notices will be considered properly mailed when addressed to the last known address on file in the board office. (F) No continuing education used to complete delinquent continuing education plan requirements for licensure may be used to meet the continuing education requirements for the next continuing education reporting period.
(iv) if a licensee is unable to acquire sufficient continuing education credits to meet the requirements, he or she may request a waiver. All requests for waiver will be considered by the Board of Funeral Service and evaluated on an individual basis. (v) It is the responsibility of the licensee to establish and maintain detailed records of continuing education compliance (in the form of programs and documentation of attendance) for a period of two years following submission of a continuing education report. (5) It is the responsibility of each licensee to finance his or her costs of continuing education. (History: 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; 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, 2000 MAR p. 1630, Eff. 6/30/00; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790.) 24-13902 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2102 24.147.2102 SPONSORS (1) The board will recognize courses, programs or other continuing education activities sponsored by Montana Funeral Directors Association (MFDA), Selected Independent Funeral Homes (SIFH), National Funeral Directors Association (NFDA), Independent Funeral Directors Association (IFDA), Federated Funeral Directors of America, National Foundation of Funeral Service, Montana Coroner's Association, Order of Golden Rule, Montana Department of Justice coroner's training programs, Montana Funeral Services, Inc. (MFSI) and funeral industry supplier programs. All other programs must meet the criteria established in ARM 24.147.2101. (History: 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; 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, from Commerce, 2002 MAR p. 790.) Rules 24.147.2103 through 24.147.2107 reserved ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13903 24.147.2108 DEPARTMENT OF LABOR AND INDUSTRY 24.147.2108 EXCEPTIONS - NOT ENGAGING IN THE PRACTICE OF FUNERAL SERVICE (1) The board has authority to make a written exception from the continuing education requirements for those persons who certify that they do not intend to engage in the practice of funeral service. Applicants for certificate or license renewal must certify their intention to the board on a notice furnished by the department. The board defines "practice of funeral service" to mean: (a) a person engaging in providing shelter, care, and custody of the human dead; (b) the practice of preparing of the human dead by embalming or other methods for burial or other disposition; (c) in making arrangements at or prior to need, financial or otherwise, for the providing of such services and/or the same of funeral merchandise, whether for present or future use; or (d) in general, engaging in the practice or performing any functions of funeral directing and/or embalming as presently known including those stipulated herein. (History: 37-1-131, 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006
MAR p. 1169, Eff. 5/5/06.) 24.147.2109 PENALTY FOR NONCOMPLIANCE (1) Morticians or funeral directors who have not requested inactive status and/or have not complied with the requirements of 12 hours of continuing education within a two-year period shall be subject to suspension or revocation of license after hearing. (History: 37-19-202, 37-19-316, MCA; IMP, 37-19-316, MCA; NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790.) Subchapter 22 reserved NEXT PAGE IS 24-13927 24-13904 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2301 Sub-Chapter 23 Unprofessional Conduct 24.147.2301 UNPROFESSIONAL CONDUCT (1) For the purpose of implementing 37-1-319, MCA, the board defines unprofessional conduct to include, but not be limited to, the following: (a) solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or while death is impending; providing, that this shall not be deemed to prohibit general advertising; (b) employment by the licensee of persons known as "cappers", or "steerers", or "solicitors", or other such persons to obtain the services of a holder of a license for the practice of funeral service; (c) employment directly or indirectly of any apprentice, agent, assistant, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions for solicitation of dead human bodies for a particular mortuary, mortician, or crematory; (d) the direct or indirect payment or offer of payment of a commission by the licensee, his agent, assistants or employees for the purpose of securing business for that particular mortuary, mortician, or crematory; provided however, that compliance with a state pre-need law shall not constitute a violation thereof; (e) failing to exercise appropriate supervision over interns who are authorized to practice only under the supervision of the licensed mortician; (f) allowing the licensee's license number to be placed on a death certificate or any other official form of any dead human body as the mortician or funeral director, if the licensee did not prepare the body or supervise the final disposition of that body; (g) using any funeral merchandise previously used without informing new consumer or person selecting and/or paying for the use of the merchandise that the merchandise has been used; (h) failure to provide funeral goods that the consumer selected, or substitution of funeral goods or services without the consumer's knowledge or consent; (i) violation of any of the provisions of Title 37, chapter 19, MCA, and/or ARM Title 24, chapter 147; ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13927 24.147.2301 DEPARTMENT OF LABOR AND INDUSTRY
(j) violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation or final disposition of dead human bodies; (k) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect such release; (l) knowingly making any false statement on a certificate of death; (m) violation of applicable statutes or regulations of the state of Montana or any other state involved with the pre-arrangement and/or pre-financing of a funeral; (n) discriminating in services because of race, creed, color, national origin or medical condition; (o) knowingly making false statements regarding other licensees; (p) permitting non-licensed personnel to make arrangements for a funeral; (q) personnel of a mortuary, crematory or cemetery whose services are desired shall not recommend auxiliary services or funeral goods or deprive the consumer the freedom of choice for such services or funeral goods; (r) removing or possessing dental gold, dental silver, or any other personal effects, from deceased persons without specific written permission of the authorizing agent; (s) attaching, detaining, claiming to detain or failing to release any human remains or human cremated remains for any debt or demand, or upon any pretended lien or charges upon delivery of authorization for release of remains; (t) failure to deposit or keep on deposit, misapply, misappropriate, or to repay on valid demand, any and all moneys received in payment for pre-need funeral goods or services; (u) failure to comply with statutory or board requirements for pre-need or prepaid arrangements, agreements, or trusts; or failure to disclose any material facts regarding pre-need or prepaid arrangements, agreements or trusts; or (v) in circumstances where there is conflict in direction provided by authorizing agents of equal rank, it shall be considered unprofessional conduct for a licensee to proceed without requiring the parties to either come to agreement, or submit the matter for judicial resolution of the conflict. (History: 37-1-131, 37-1-136, 37-1-319, 37-19-202, MCA; IMP, 37-1-136, 37-1-316, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1988 MAR p. 2377, Eff. 11/11/88; AMD, 1989 MAR p. 225, Eff. 1/27/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24-13928 3/31/02 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2303 24.147.2302 LICENSEE RESPONSIBILITY IN CASE OF CRIME OR VIOLENCE IN CONNECTION WITH CAUSE OF DEATH (1) No person licensed for the practice of funeral service shall remove or embalm a dead human body when he or she has information indicating crime or violence of any sort in connection with the cause of death, until permission of the coroner or medical examiner or some other duly-qualified person acting in such capacity if there is no coroner or medical examiner, has first been obtained. (History: 37-1-136, 37-19-202, MCA; IMP, 37-1136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS,
from Commerce, 2002 MAR p. 790.) 24.147.2303 FREEDOM OF CHOICE RIGHTS OF NEXT OF KIN AND FAMILY (1) No public officer or employee, or the official of any public institution, or physician or surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to any funeral establishment or to any person licensed for the practice of funeral service the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of such decedent. And if any such kin be found, his or her authority and directions shall govern. (2) No company, corporation or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition or other similar expenses of the deceased members or of certificate holders therein, or engaged in the business of providing any insurance upon the life of any individual, under which contract of insurance any obligation might or could arise to care for the remains of the insured, shall contract to pay or shall pay any such insurance or such benefits, or any part of either such insurance or benefits, to any funeral establishment or to any licensee or to any individual in any manner which might or could deprive the representative, next of kin or family of such deceased person from, or in way control them in procuring such funeral establishment, person licensed for the practice of funeral service or other proper and competent person to perform such necessary and proper services, and to furnish supplies as may be necessary and proper to care for the remains of such decedent as such representative, next of kin or family may desire. ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13929 24.147.2304 DEPARTMENT OF LABOR AND INDUSTRY (3) No person licensed for the practice of funeral service or anyone acting for him or her shall have any part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part thereof is given for anatomical purposes. (History: 37-1-136, 37-19-202, MCA; IMP, 37-1-136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.2304 UNLAWFUL PRACTICE (1) It shall be unlawful for any person, partnership, corporation or association who has not been licensed as specified in this act to transact, practice or hold himself or itself out as transacting or practicing funeral service, or operating or maintaining a funeral establishment within this state. (History: 37-1-136, 37-19-202, MCA; IMP, 37-1-136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.2305 SCREENING PANEL (1) The board chairman must be a member of the screening panel. The chairman will appoint the screening panel based on the individual complaint. The number of board members sitting on the panel may vary, but cannot exceed four members. (2) The members sitting on the screening panel cannot sit on the disciplinary panel. (History: 37-19-202, MCA; IMP, 37-1-307, MCA; NEW, 1996 MAR p. 2425,
Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13941 24-13930 3/31/02 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2401 Subchapter 24 Complaint Procedures 24.147.2401 COMPLAINT FILING (1) A person, government or private entity may submit a written complaint to the board charging a licensee or license applicant with a violation of board statute or rules, and specifying the grounds for the complaint. (2) Complaints must be in writing, and shall be filed on the proper complaint form prescribed by the department. (3) Upon receipt of the written complaint form, the department shall log in the complaint and assign it a complaint number. The complaint shall then be sent to the licensee complained about for a written response. Upon receipt of the licensee's written response, both complaint and response shall be considered by the screening panel of the board for appropriate action including dismissal, investigation, or a finding of reasonable cause of violation of a statute or rule. The department shall notify both complainant and licensee of the determination made by the screening panel. (4) If a reasonable cause violation determination is made by the screening panel, the Montana Administrative Procedure Act shall be followed for all disciplinary proceedings undertaken. (5) The screening panel shall review anonymous complaints to determine whether appropriate investigative or disciplinary action may be pursued, or whether the matter may be dismissed for lack of sufficient information. (History: 37-1-131, 37-19-202, MCA; IMP, 37-1-307, 37-1-308, 37-1-309, MCA; 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.) OF FUNERAL SERVICE Subchapter 1 Organizational Rule Rule 24.147.101 Board Organization Subchapter 2 Procedural Rules Rule 24.147.201 Procedural Rules 24.147.202 Citizen Participation Rules Subchapter 3 Definitions Rule 24.147.301 Continuing Education Definitions 24.147.302 Funeral Service Definitions Subchapter 4 Substantive Rules Rule 24.147.401 Fee Schedule 24.147.402 Mortician Application
24.147.403 Inspections 24.147.404 Fee Abatement 24.147.405 Examination 24.147.406 Federal Trade Commission Regulations Rules 24.147.407 through 24.147.410 reserved ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13501 DEPARTMENT OF LABOR AND INDUSTRY Rule 24.147.411 Contract for Funeral Goods and Services 24.147.412 Records Subchapter 5 Licensing Rule 24.147.501 Licensure of Out-of-State Applicants 24.147.502 Inactive Status and Activation 24.147.503 Conditional Permission to Practice While on Inactive Status 24.147.504 Internship 24.147.505 Renewals 24.147.506 Renewal of Cemetery License Subchapters 6 through 8 reserved Subchapter 9 Mortuary Requirements Rule 24.147.901 Sanitary Standards - Preparation Room 24.147.902 Disclosure Statement on Embalming 24.147.903 Transfer or Sale of Mortuary License Subchapter 10 reserved Subchapter 11 Crematory Rules Rule 24.147.1101 Crematory Facility Regulation 24.147.1102 Casket/Containers 24.147.1103 Shipping Cremated Human Remains 24-13502 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE Rules 24.147.1104 through 24.147.1109 reserved Rule 24.147.1110 Identifying Metal Disc 24.147.1111 Processing of Cremated Remains 24.147.1112 Crematory Prohibitions 24.147.1113 Designation as Crematory Operator or Technician (REPEALED) 24.147.1114 Licensure as a Crematory Operator 24.147.1115 Licensure as a Crematory Technician Subchapter 12 reserved Subchapter 13 Cemetery Regulation Rules Rule 24.147.1301 Applications for Cemetery Licenses 24.147.1302 Managers 24.147.1303 Cemetery Contracts; Price Disclosure
24.147.1304 Perpetual Care and Maintenance Fund Reports 24.147.1305 Audit Fees Rules 24.147.1306 through 24.147.1309 reserved 24.147.1310 Requirements for Burials 24.147.1311 Cemetery Authority Rules (REPEALED) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13503 DEPARTMENT OF LABOR AND INDUSTRY Rule 24.147.1312 Restrictions on Use of Cemetery Funds 24.147.1313 Transfer of Cemetery Ownership 24.147.1314 Perpetual Care and Maintenance Funds Subchapter 14 reserved Subchapter 15 Branch Facilities and Prearranged Funeral Agreements Rule 24.147.1501 Branch Facility 24.147.1502 Prearranged, Prefinanced, or Prepaid Funerals 24.147.1503 Requirements for Sale of At-Need, Preneed, and Prepaid Funeral Arrangements 24.147.1504 Preneed Funeral Agreements 24.147.1505 Trust Funds Subchapters 16 through 20 reserved Subchapter 21 Continuing Education Rules Rule 24.147.2101 Continuing Education Requirements 24.147.2102 Sponsors Rules 24.147.2103 through 24.147.2107 reserved 24.147.2108 Exceptions - Not Engaging in the Practice of Funeral Service 24.147.2109 Penalty for Noncompliance Subchapter 22 reserved 24-13504 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE Subchapter 23 Unprofessional Conduct Rule 24.147.2301 Unprofessional Conduct 24.147.2302 Licensee Responsibility in Case of Crime or Violence in Connection with Cause of Death 24.147.2303 Freedom of Choice Rights of Next of Kin and Family 24.147.2304 Unlawful Practice 24.147.2305 Screening Panel Subchapter 24 Complaint Procedures Rule 24.147.2401 Complaint Filing NEXT PAGE IS 24-13511 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13505 FUNERAL SERVICE 24.147.101 Sub-Chapter 1
Organizational Rule 24.147.101 BOARD ORGANIZATION (1) The board of funeral service hereby adopts and incorporates the organizational rules of the department of labor and industry as listed in chapter 1 of this title. (History: 37-19-202, MCA; IMP, 2-4201, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13515 ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13511 FUNERAL SERVICE 24.147.202 Sub-Chapter 2 Procedural Rules 24.147.201 PROCEDURAL RULES (1) The board of funeral service hereby adopts and incorporates the procedural rules of the department of labor and industry as listed in chapter 2 of this title. (History: 37-19-202, MCA; IMP, 2-4-201, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.202 CITIZEN PARTICIPATION RULES (1) The board of funeral service hereby adopts and incorporates by this reference the public participation rules of the department of commerce as listed in chapter 2 of this title. (History: 37-19-202, MCA; IMP, 2-3-103, MCA; NEW, Eff. 4/4/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13519 ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13515 FUNERAL SERVICE 24.147.302 Subchapter 3 Definitions 24.147.301 CONTINUING EDUCATION DEFINITIONS (1) For the purpose of these rules, the following definitions shall apply: (a) "Continuing education" is defined as an academic course, workshop, seminar, or other accepted activity developed for the purpose of increasing or sustaining the proficiency of the licensee to better serve the public. (b) "Licensee" means any person licensed to practice as a mortician or as a funeral director in the state of Montana. (c) "The continuing education compliance period" shall comprise the 12month period immediately prior to the licensee's renewal date. (d) "Inactive practitioner" for purposes of these rules shall mean an individual who has applied for inactive status and has been issued an inactive certificate. (e) "Conditional permission to practice" shall mean written permission granted by the board to an individual to practice as a mortician or funeral director for a period not to exceed one year, during which time he must obtain the required number of hours of continuing education. (History: 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; 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, 2002
MAR p. 790.) 24.147.302 FUNERAL SERVICE DEFINITIONS As used in this chapter, the following definitions apply: (1) "Funeral goods" means personal property typically sold or provided in connection with a funeral or the final disposition of human remains, including, but not limited to, caskets or other primary containers, cremation or transportation containers, outer burial containers, vaults, funeral clothing or accessories, monuments, cremation urns, and similar funeral or burial items. (2) "Funeral services" means those services typically provided in connection with a funeral, or the final disposition of human remains, including, but not limited to, funeral directing services, embalming services, care of human remains, preparation of human remains for final disposition, transportation of human remains, use of facilities or equipment for viewing human remains, visitation, memorial services or services which are used in connection with a funeral or the disposition of human remains, coordinating or conducting funeral rites or ceremonies and similar funeral or burial services. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13519 24.147.302 DEPARTMENT OF LABOR AND INDUSTRY (3) "Guaranteed price agreement" means a prepaid funeral agreement under which, in exchange for the proceeds of a funeral trust or funeral insurance policy, the provider agrees to provide the stated funeral goods and services in the future, regardless of whether or not the retail value of those services and funeral goods exceeds the funds available from the funeral trust or funeral insurance policy at the time of death of the intended funeral recipient. (4) "Hazardous implants" is defined as being any foreign object or substance that has been surgically or otherwise placed in the human body that may present a threat of injury to the operator or crematory retort or related equipment during the cremation process, or to the public. (5) "Intended funeral recipient" means the person named in a prepaid funeral agreement for whose bodily disposition and/or related funeral services and goods and prepaid funeral agreement is intended to provide. The intended funeral recipient may or may not be the purchaser. This term includes the agent, guardian, or other person legally acting on behalf of the person considered the "intended funeral recipient." (6) "Nonguaranteed price agreement" means a prepaid funeral agreement funded with a funeral trust or funeral insurance policy, the proceeds of which the provider will apply to the current retail value of the prepaid funeral goods and services previously selected at the time of death of the intended funeral recipient, but which agreement shall not bind the provider to provide the services and funeral goods if the value thereof exceeds the funds available at the time of death of the intended funeral recipient. (7) "Permit" as referred to in 37-19-814, MCA, is defined to be synonymous with "license" for purposes of this chapter. (8) "Preneed funeral arrangement" or "preneed funeral agreement" means arrangements made with a licensed funeral director or licensed mortician by a person on the person's own behalf or by an authorized individual on the person's
behalf prior to the death of the person. (9) "Prepaid funeral agreement" means a written agreement and all documents related thereto made by a purchaser with a provider prior to the death of the intended funeral recipient, with which there is connected a provisional means of paying for preneed funeral arrangements upon the death of the intended funeral recipient by the use of a funeral trust or funeral insurance policy, made payable to a provider and in return for which the provider promises to furnish, make available or provide the prepaid funeral goods or services, or both, specified in the agreement, the delivery of which occurs after the death of the intended funeral recipient. 24-13520 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.302 (10) "Prepaid funeral goods" means funeral goods purchased in advance of need and which will not be delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral goods shall not mean the sale of interment spaces offered or sold by a cemetery company. (11) "Prepaid funeral services" means funeral services which are purchased in advance of need and which will not be provided or delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral services shall not mean the sale of services incidental to the provision of interment spaces offered or sold by a cemetery company. (12) "Provider" means a licensed mortician or the licensed mortuary by whom the licensed mortician is employed, that is providing or offering to provide at-need, preneed or prepaid funeral arrangements, funeral goods or services. (13) "Purchaser" means the person named in a prepaid funeral agreement who purchases the prepaid funeral goods and services to be provided thereunder. The purchaser may or may not be the intended funeral recipient. If the purchaser is different than the intended funeral recipient, it is understood that the relationship of the purchaser to the intended funeral recipient includes a means to provide administrative control over the agreement on behalf of the intended funeral recipient. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-705, 37-19-814, 37-19-827, 37-19828, 37-19-829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) NEXT PAGE IS 24-13527 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13521 FUNERAL SERVICE 24.147.401 Subchapter 4 Substantive Rules 24.147.401 FEE SCHEDULE (1) Facility application fees (a) Mortuary $ 250 (b) Mortuary branch facility 250 (c) Crematory 250 (d) Cemetery 1250 (2) Facility inspection or reinspection fees (a) Mortuary 200
(b) Mortuary branch facility 200 (c) Crematory 200 (d) Cemetery 200 (3) Individual application fees (a) Mortician 250 (b) Crematory operator 200 (c) Crematory technician 200 (d) Mortician intern 220 (4) Activation of inactive license (a) Mortician 100 (b) Crematory operator 50 (c) Crematory technician 50 (5) Facility renewal fees (includes annual inspection) (a) Mortuary 300 (b) Mortuary branch facility 50 (c) Crematory 300 (d) Cemetery (five-year renewal) 1000 (6) Individual renewal fees (a) Mortician - active 200 (b) Mortician - inactive 100 (c) Crematory operator - active 100 (d) Crematory operator - inactive 50 (e) Crematory technician - active 100 (f) Crematory technician - inactive 50 (7) Jurisprudence reexamination fee 100 (8) All fees are nonrefundable. (9) Additional standardized fees are specified in ARM 24.101.403. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13527 24.147.401 DEPARTMENT OF LABOR AND INDUSTRY (History: 37-1-131, 37-1-134, 37-19-202, 37-19-301, 37-19-303, 37-19-304, 37-19403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, MCA; IMP, 37-1-134, 37-1-141, 37-19-301, 37-19-303, 37-19-304, 37-19-402, 37-19-403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 328, Eff. 3/30/79; AMD, 1981 MAR p. 315, Eff. 3/27/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1987 MAR p. 477, Eff. 5/1/87; AMD, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1989 MAR p. 2193, Eff. 12/22/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 1998 MAR p. 2959, Eff. 11/6/98; RESCIND, (CI-75), 1999 MAR p. 66, Eff. 1/15/99; AMD, 1999 MAR p. 1201, Eff. 6/4/99; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.) 24-13528 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.403 24.147.402 MORTICIAN APPLICATION (1) Any person applying to the
board for permission to take the examination shall present to the board evidence in the form of: (a) certified copy of the transcript of completion of 60 semester credit hours or 90 quarter credit hours from a college or university accredited by a regional accrediting agency recognized by the U.S. Department of Education; (b) certified copy of the final transcript from an accredited college of mortuary science accredited by the American Board of Funeral Service or its successor; (c) properly completed application form furnished by the department; and (d) certified copy of the certification form verifying successful completion of the International Conference of Funeral Service Examining Board's examination. (2) All applications for licensure by the board will be considered nonroutine in nature and will be reviewed and approved by the board prior to issuance of the license. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-302, 37-19-303, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 328, Eff. 3/30/79; AMD, 1981 MAR p. 1058, Eff. 9/18/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.403 INSPECTIONS (1) An annual inspection fee as stated in ARM 24.147.401 shall be charged to each licensed mortuary and shall be included in the mortuary annual renewal fee. (2) A mortuary shall be inspected by the board or its designees in accordance with subchapter 9 of these rules. (3) A mortuary shall be inspected if its location has changed. (4) The board shall be notified within 30 days prior to moving or opening a new mortuary so arrangements can be made for inspection prior to opening. (5) Reinspection shall be made of a mortuary that does not meet the requirements of the board in ARM 24.147.901. (History: 37-1-131, 37-19-202, 7510-1006, MCA; IMP, 37-19-403, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, 75-10-1006, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13529 24.147.404 DEPARTMENT OF LABOR AND INDUSTRY 24.147.404 FEE ABATEMENT (1) 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. (History: 37-1-131, MCA; IMP, 17-2-302, 17-2-303, 37-1-134, MCA; NEW, 2006 MAR p. 1169, Eff. 5/5/06.) NEXT PAGE IS 24-13541 24-13530 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.406 24.147.405 EXAMINATION (1) The licensing examination shall be the national board examination of the Conference of Funeral Service Examining Boards and in addition, the statutes and rules under Title 37, chapter 19, MCA, pertinent portions of Title 46, chapter 4, MCA, relating to county coroner's duties, Title 50,
chapter 15, MCA, relating to vital statistics and the rules of the Montana state Department of Public Health and Human Services covering registration of deaths, embalming, transportation, disposition of dead human bodies and funeral directing. (2) A grade of 75 percent must be obtained to pass the statutes and rules examination. (History: 37-19-202, MCA; IMP, 37-19-302, 37-19-303, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1989 MAR p. 2193, Eff. 12/22/89; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.406 FEDERAL TRADE COMMISSION REGULATIONS (1) A licensed mortician in Montana shall comply with all Federal Trade Commission (FTC) regulations governing the pricing of funeral services and funeral goods and the method of paying for funeral services, as defined in a manner and a form in compliance with Federal Trade Commission Funeral Industry Practice Rules, 16 CFR 453 (1997) which are hereby incorporated by reference. A copy of the written statement of compliance shall be kept by the mortuary for a period of three years. The FTC rules are available at the board office, 301 South Park, P.O. Box 200513, Helena, MT 59620-0513. (History: 37-19-202, MCA; IMP, 37-19-403, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) Rules 24.147.407 through 24.147.410 reserved ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13541 24.147.411 DEPARTMENT OF LABOR AND INDUSTRY 24.147.411 CONTRACT FOR FUNERAL GOODS AND SERVICES (1) 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 information shall be in 10-point boldface type and make the following statement: "FOR MORE INFORMATION ON STATE CEMETERY, CREMATION AND MORTUARY REGULATIONS CONTACT: BOARD OF FUNERAL SERVICE, 301 SOUTH PARK, P.O. BOX 200513, HELENA, MT 59620-0513; TELEPHONE NUMBER (406) 8412393." (2) Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesman, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. Such a contract shall include and disclose the following: (a) the total contract price; (b) terms of payment, including any promissory notes or other evidences of indebtedness; and (c) an itemized statement of charges including, as applicable, the following: (i) charges for an interment plot; (ii) charges for performing burial, entombment or inurnment; (iii) charges for a monument or marker; (iv) charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the
cemetery; (v) amounts to be deposited in the perpetual care and maintenance or special care fund; and (vi) any other charges, which shall be particularized. (3) In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery manager, salesman or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser's intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. 24-13542 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.412 (4) Every such cemetery contract shall contain in immediate proximity to the space reserved for the purchaser's signature, in a size equal to at least 10-point boldface type, the following statement: "YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER THE DATE OF THIS TRANSACTION, PROVIDED NO INTERMENT, SUBSTANTIAL SERVICE OR FUNERAL GOODS HAVE BEEN PROVIDED HEREUNDER. TO CANCEL, DELIVER OR MAIL WRITTEN NOTICE OF YOUR INTENT TO (NAME AND ADDRESS OF CEMETERY AUTHORITY OR CEMETERY MANAGER)." (5) Upon receipt of a valid notice of cancellation pursuant to this rule, the cemetery authority or manager having custody of any money or property paid or transmitted by the purchaser on account of the preneed contract, shall return such money or property to the purchaser. The cemetery authority or manager shall promptly notify the trustee if any such money or property has been transmitted thereto prior to receipt of the notice of cancellation. It shall be unlawful for any person to retain money or property received from a purchaser under such contract more than five business days after receiving or being apprized of a valid notice of cancellation. (6) Notwithstanding other provisions of this rule, the right of cancellation granted hereby shall not be applicable if an interment has been made, or substantial services or merchandise provided, under the terms of the contract. (History: 37-19807, MCA; IMP, 37-19-807, 37-19-822, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.412 RECORDS (1) 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 person, place of death, date of interment, name and address of the mortician and location of grave, niche or crypt. (2) A record shall be kept of the ownership of all plots in the cemetery which
have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. Transfer of any plot, heretofore or hereafter made, or any right of interment, shall be complete and effective when recorded on the books of the cemetery authority. (History: 37-19-807, MCA; IMP, 37-19-807, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13563 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13543 FUNERAL SERVICE 24.147.502 Subchapter 5 Licensing 24.147.501 LICENSURE OF OUT-OF-STATE APPLICANTS (1) Upon payment of the proper license fee, the board may issue a license to a person who, at the time of application, holds a current, active license in good standing, as a funeral director, mortician or crematory operator, issued by the proper authority of any state. When a person applies for licensure under this provision, the applicant shall provide information from the other state(s), and the board shall determine whether the requirements for obtaining such other license(s) are substantially equivalent to or stricter than the requirements of Montana law, as listed in ARM 24.147.402 and 24.147.1114 and 37-19-302 and 37-19-703, MCA. (2) Verification of applicant's current license in good standing shall be requested by the applicant to be sent directly from the other state. (3) "License" shall mean only those granted by other states under statutory provisions. (4) A completed application form shall be required from the applicant to initiate consideration for licensing. (5) All applicants for licensure under this rule shall be required to pass a jurisprudence examination, on Montana laws and rules, administered by the board. (History: 37-1-131, 37-19-202, MCA; IMP, 37-1-304, 37-19-302, 37-19-703, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.502 INACTIVE STATUS AND ACTIVATION (1) A licensee may place the license on inactive status by either indicating on the renewal form that inactive status is desired, or by informing the board office, in writing, that an inactive status is desired, and paying the appropriate fee. It is the sole responsibility of the inactive licensee to keep the board informed as to any change of address during the period of time the license remains on inactive status. Inactive licensees must pay the renewal fee annually to maintain license status. (a) A mortician, funeral director, crematory operator, or crematory technician who has maintained valid licensure in the state of Montana for a period greater than 49 years may request that their license be placed on inactive "emeritus" status. An inactive emeritus licensee will be exempt from payment of any fee for annual renewal of their inactive license; but all other provisions and procedures relating to inactive status and reinstatement to active status will apply. The board, at its
discretion, may provide other recognition or distinction for emeritus licensees. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13563 24.147.502 DEPARTMENT OF LABOR AND INDUSTRY (2) A licensee may not practice any mortician, funeral director, intern, crematory operator or crematory technician work in the state of Montana while the license is in an inactive status. (3) Upon application and payment of the appropriate fee, the board may activate an inactive license if the applicant does each of the following: (a) signifies to the board, in writing, that upon issuance of the active license, the applicant intends to be an active practitioner in the state of Montana; (b) presents satisfactory evidence that the applicant has attended six hours of continuing education which comply with the continuing education rules of the board for each year or portion of a year that licensee has been inactive, not to exceed 12 hours; (c) submits certification from the licensing body of all jurisdictions where the applicant is licensed or has practiced that the applicant is in good standing and has not had any disciplinary actions taken against the applicant's license, or if the applicant is not in good standing by that jurisdiction, an explanation of the nature of the violation(s) resulting in that status, including the extent of the disciplinary treatment imposed; and (d) successfully completes a Montana state rule examination, if applicant has been on inactive status for more than five years. (4) The board may grant conditional permission, not to exceed one year, allowing the applicant to practice while obtaining the required continuing education hours set forth above. No extension of the one year conditional practice permission shall be granted. (History: 37-1-131, 37-1-319, 37-19-202, MCA; IMP, 37-1-319, MCA; NEW, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24-13564 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.504 24.147.503 CONDITIONAL PERMISSION TO PRACTICE WHILE ON INACTIVE STATUS (1) Conditional permission to practice while on "inactive status" to assist in situations those licensed mortuaries where the licensed mortician is called away by illness or other emergency. (2) Conditional permission will be granted for a specific period of time, but no more than 60 days. (3) Practicing beyond 60 days will be considered as an active practitioner and must meet the continuing education requirements as other licensed practitioners as described in ARM 24.147.2101. (History: 37-19-202, MCA; IMP, 37-19-316, MCA; NEW, 1985 MAR p. 1610, Eff. 11/1/85; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.504 INTERNSHIP (1) The registered intern must complete all of his internship in the state of Montana and must report any change of sponsoring mortician within ten days to receive credit towards the 12 months internship. (2) To qualify, an intern must be a full-time employee at a licensed mortuary under the supervision of a licensed mortician and assist in the complete funeral
(embalming, dressing, arrangement of funeral) of at least 25 bodies. (a) At least six months of the internship period must be served under the supervision of the same licensed mortician. (3) An intern may apply to the board for special consideration in cases involving closure of firm, hardship due to illness or death of supervising mortician, illness of intern or such other emergency that may occur. (4) Internship must be completed within three years of passing the examination. (a) If after a three-year period from passing the exam, the internship has not been completed, the intern may apply for reexamination of state law and rules, and upon passing begin his internship anew. (b) No credit will be given for prior time served in an internship. (5) An intern mortician may perform all the duties and functions of a licensed mortician, as allowed and directed by the supervising mortician, who remains responsible for the professional actions of the intern. (a) "Supervision" means the extent of oversight required in the judgement of the supervisor, considering the circumstances of training, experience, judgement and professional development of the intern. (History: 37-19-202, MCA; IMP, 37-19304, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13565 24.147.505 DEPARTMENT OF LABOR AND INDUSTRY 24.147.505 RENEWALS (1) Renewal notices will be sent as specified in ARM 24.101.414. (2) All licenses, whether individual or establishment, with the exception of cemeteries, must be renewed pursuant to 37-1-141, MCA. The renewal date is set by ARM 24.101.413. (3) Renewals that are in any manner incomplete on receipt by the department will be returned to the licensee for completion and resubmission. To be considered complete, the renewal must: (a) be accompanied by the appropriate renewal fee. Checks returned to the department for any reason will be returned to the licensee for payment. The license will be considered not renewed until proper payment is received; (b) include an affidavit of continuing education if required for the license being renewed as specified in ARM 24.147.2101; and (c) be accompanied by any other material or documentation the board may require for renewal as identified on the renewal notice. (4) Completed renewals submitted to the board after the date specified in ARM 24.101.413 shall be considered late and subject to a late penalty fee as specified in ARM 24.101.403. (5) The provisions of ARM 24.101.408 apply. (History: 37-1-141, 37-19-202, 37-19-301, MCA; IMP, 37-1-141, 37-19-301, MCA; NEW, 2002 MAR p. 793, Eff. 1/18/02; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.) 24.147.506 RENEWAL OF CEMETERY LICENSE (1) All cemetery
licenses must be renewed every five years beginning on July 1, 2000. (2) Prior to the renewal deadline date, the department will mail a renewal notice to the cemetery's preferred mailing address on file with the department. Failure to receive such renewal notice shall not relieve the licensee of the licensee's obligation to renew and pay renewal fees in a timely manner. (3) Renewals that are in any manner incomplete on receipt by the department will be returned to the licensee for completion and resubmission. To be considered complete, the renewal must: (a) be accompanied by the appropriate renewal fee. Checks returned to the department for any reason will be returned to the licensee for payment. The license will be considered not renewed until proper payment is received; and (b) be accompanied by any other material or documentation the board may require for renewal as identified on the renewal notice. (4) Complete renewals submitted to the department after the renewal deadline date shall be considered late and subject to a late penalty fee in addition to the renewal fee. In the event of a late renewal, the licensee may be subject to disciplinary action by the department for unlicensed practice. (History: 37-19-814, MCA; IMP, 37-19-814, MCA; NEW, 2006 MAR p. 1169, Eff. 5/5/06.) Subchapters 6 through 8 reserved NEXT PAGE IS 24-13611 24-13566 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.901 Subchapter 9 Mortuary Requirements 24.147.901 SANITARY STANDARDS - PREPARATION ROOM (1) The preparation room shall be maintained in a clean and sanitary condition at all times. (2) The floors and walls of such room shall have tile, concrete or other nonporous materials covering the floor from wall to wall so that the preparation room may be kept in a sanitary condition at all times. (3) Preparation rooms shall contain only the articles, facilities and instruments necessary for the preparation of dead human bodies. (4) Such preparation room shall be equipped with proper sewerage, waste disposal and drainage facilities and systems. (5) The doors and windows of the preparation room shall be constructed so as to obstruct any view from the outside, properly screened and must provide proper ventilation for the room. (6) All tables, hoppers, sinks, receptacles, instruments and other appliances in such rooms shall be thoroughly cleansed and disinfected immediately at the conclusion of each operation. (7) The preparation room shall be strictly private and clearly so labeled on each door by a sign reading "private," or "authorized personnel only" or "no admittance." No one shall be allowed in the room while a dead human body is being prepared except persons authorized by a licensed mortician. (8) Waste and refuse shall be disposed of in a sanitary manner. Infectious wastes and sharps must be stored for disposal and disposed of in accordance with Title 75, chapter 10, part 10, MCA. (History: 37-19-202, 75-10-1006, MCA; IMP, 37-
19-403, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13611 24.147.902 DEPARTMENT OF LABOR AND INDUSTRY 24.147.902 DISCLOSURE STATEMENT ON EMBALMING (1) A licensed mortician shall include a statement on written contract materials intended for the public as to the conditions under which embalming is required, which statement shall be in accordance with Department of Public Health and Human Services rules on embalming. (2) The following language shall be included with the requirement of (1): "Except in special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial." (History: 37-19-202, MCA; IMP, 37-19-315, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.903 TRANSFER OR SALE OF MORTUARY LICENSE (1) Upon the transfer or sale of a mortuary, the original license number may be retained by the mortuary facility upon written request to the board. (2) Whenever ownership is transferred outside existing ownership of any mortuary, cemetery or crematory, the mortuary, cemetery or crematory shall notify the board. A change in ownership, for purposes of this rule, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a mortuary is transferred in a single transaction, or in a related series transaction, or in a related series of transactions to one or more persons, associations or corporations. The notice shall specify the address of the principal offices of the mortuary, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and the stockholders. (3) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the mortuary is located within 30 days of the change of ownership. The notice shall specify the address of the principal offices of the mortuary, whether changed or unchanged, and shall specify the name and address of each new owner and each stockholder owning more than 5 percent of the stock of each new owner. (History: 37-19-202, 37-19-403, MCA; IMP, 37-19403, MCA; NEW, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) Subchapter 10 reserved NEXT PAGE IS 24-13633 24-13612 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1101 Subchapter 11 Crematory Rules 24.147.1101 CREMATORY FACILITY REGULATION (1) Each location of a
crematory facility is considered a separate location and must be licensed separately from a mortuary, even though they may share the same common building. (2) The crematory facility shall comply with all applicable local, state and federal building codes. (3) A licensed crematory shall notify the board office promptly, in writing, of any change of crematory operator. (4) The telephone number of the fire department or rural fire district serving the crematory facility shall be posted in large bold numbers in a conspicuous place near all telephones in the crematory facility as well as in the office, if attached to a mortuary facility. (5) The crematory operator is responsible for the maintenance and safe operation of equipment used in cremations. (6) All crematory facilities shall be kept and maintained in a clean and sanitary condition and all appliances used in the cremation process of dead human bodies shall be thoroughly cleansed and disinfected. (7) Floors and walls shall be constructed of an impervious material. (8) Used caskets or casket parts shall be placed in a storage room not available to the public view. (9) When the crematory facility is unable to cremate human remains immediately upon taking custody, the human remains shall be placed in a holding area which shall be marked "private" or "authorized personnel only." (10) Prior to beginning the cremation process, the crematory must have in its possession, written authorization(s) bearing the original, photocopied, or facsimile signatures of the authorizing agent and, if the death occurred in Montana, the coroner having jurisdiction or the state medical examiner. In addition, the following information must be included in the authorization and kept on record: (a) identification of the decedent; (b) identification and relationship of the authorizing agent; (c) hazardous implants or other medical devices; (d) personal property and disposition thereof; (e) disposition of cremated remains; (f) a description of the cremation process; (g) a release from liability per 37-19-707, MCA; and (h) any other information pertinent to the individual cremation. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13633 24.147.1102 DEPARTMENT OF LABOR AND INDUSTRY (11) Unauthorized persons may not be permitted in the cremation chamber area while any human remains are being placed within the cremation chamber, being cremated, or being removed from the cremation chamber. For this purpose authorization may be provided by the licensee performing the cremation or the authorizing agent. (History: 37-1-131, 37-19-202, 37-19-703, MCA; IMP, 37-19702, 37-19-703, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2005 MAR p. 650, Eff. 4/29/05; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.1102 CASKET/CONTAINERS (1) All caskets and alternative
containers for cremation shall meet the following standards: (a) be able to be closed to provide a complete covering for the human remains; (b) be composed of readily combustible materials suitable for cremation; (c) be resistant to leakage or spillage; (d) be sufficient for handling with ease; (e) be able to provide protection for the health and safety of crematory personnel. (2) The crematory facility, at its discretion, has the right to remove noncombustible materials such as handles or rails from caskets or containers prior to cremation and to discard them with similar materials from other cremations and other refuse in a nonrecoverable manner. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1103 SHIPPING CREMATED HUMAN REMAINS (1) Cremated human remains sent through the U.S. mail must be marked, registered, sealed and properly addressed. (2) Cremated human remains may also be shipped through a common carrier that has an internal tracing system. (3) Cost of mailing or shipping shall be paid by the authorized agent. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) Rules 24.147.1104 through 24.147.1109 reserved NEXT PAGE IS 24-13643 24-13634 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1111 24.147.1110 IDENTIFYING METAL DISC (1) It shall be the responsibility of the crematory operator, crematory technician or mortician to see that an identifying metal disc is attached to each receptacle containing human remains. When remains are to be cremated, the disc initially shall be secured to the top of the head end of the casket or alternate container. During the cremation process the disc shall be placed on the control panel, outside the retort. (2) The identifying metal disc shall be held on the outside control panel of the retort. The disc shall then be placed with the cremated remains inside the urn and the plastic liner. (3) The number of the identifying metal disc shall be written plainly and permanently on the outside of each receptacle containing human remains when the remains are delivered to a cemetery, columbarium or mausoleum. (4) In the case of scattering of cremated remains by a licensee, the identifying metal disc shall be made a part of the licensee's permanent record. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-704, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1111 PROCESSING OF CREMATED REMAINS (1) Upon completion of the cremation process, the recoverable residual of the cremation process shall be removed from the cremation chamber and the cremation chamber swept clean. All nonhuman residue shall be separated from the residue of human
remains and placed in an enclosed, puncture-resistant container, and securely taped or capped to prevent the loss or exposure of contents during waste disposal. The residual cremated human remains shall be placed within a container or tray in such a way that will ensure against commingling with other cremated remains. The identifying metal disc shall be removed from the control panel area and attached to the container or tray of cremated human remains to await final processing. (a) The authorizing agent may specify that recoverable nonhuman residue that can be identified, in a manner satisfactory to the crematory operator in charge, as being related to that cremation may be returned to the custody of the authorizing agent. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13643 24.147.1112 DEPARTMENT OF LABOR AND INDUSTRY (2) The recoverable residual of the cremation process shall undergo final processing. (3) Should the cremated remains or processed remains not adequately fill the container's interior dimensions, the extra space may be filled with packing material that will not become intermingled with the cremated remains or processed remains, and then securely closed. (4) When a temporary container is used to return the cremated remains or processed remains, the container shall be placed within a sturdy box and all box seams taped closed to increase the security and integrity of that container. The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained there. (History: 37-19-202, 37-19703, MCA; IMP, 37-19-704, 37-19-705, 37-19-706, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1112 CREMATORY PROHIBITIONS (1) It is prohibited to cremate fetuses, limbs and body parts from private or public health agencies, medical doctors or colleges and universities unless appropriate permits and releases are provided to the crematory facility. (2) Copies of such permits and releases shall remain with the crematory facility and the parties contracting for the cremation services. (3) Cremation of animals or pets of any type, is strictly prohibited in a crematory facility designed for cremation of human remains. (History: 37-19-202, 37-19-703, MCA; IMP, 37-19-704, 37-19-705, 37-19-706, 37-19-707, 37-19-708, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790.) 24-13644 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1114 24.147.1113 DESIGNATION AS CREMATORY OPERATOR OR TECHNICIAN (REPEALED) (History: 37-19-202, MCA; IMP, 37-19-702, MCA; 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 MAR p. 650, Eff. 4/29/05.) 24.147.1114 LICENSURE AS A CREMATORY OPERATOR (1) Applicants for original licensure as a crematory operator shall submit an application provided by the department and the application fee.
(2) The application shall require evidence that: (a) applicant is at least 18 years of age; (b) applicant is a high school, or equivalency program graduate, as shown by certified transcripts, degrees, or certificates of completion; (c) applicant is of good moral character as shown by two letters of reference. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-702, 37-19-703, MCA; NEW, 1995 MAR p. 845, Eff. 5/12/95; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13645 24.147.1115 DEPARTMENT OF LABOR AND INDUSTRY 24.147.1115 LICENSURE AS A CREMATORY TECHNICIAN (1) Applicants for original licensure as a crematory technician shall submit an application provided by the department and the application fee. (2) The application shall require: (a) name of licensed crematory facility where applicant will be employed; (b) name of supervising licensed crematory operator; and (c) summary of training to be completed by applicant, including subject areas, method of testing, length of training, and name of person providing training. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-702, 37-19-703, MCA; NEW, 1995 MAR p. 845, Eff. 5/12/95; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) Subchapter 12 reserved NEXT PAGE IS 24-13661 24-13646 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1301 Subchapter 13 Cemetery Regulation Rules 24.147.1301 APPLICATIONS FOR CEMETERY LICENSES (1) Applications for a license to operate a cemetery shall be filed on a form furnished by the department at the principal office of the board. In addition to the payment of the fees, each application shall be accompanied by the following: (a) a certified copy of: (i) articles of incorporation, if applicable; (ii) application to the city or county planning commission for a cemetery use permit or rezoning for cemetery purposes, or both, if applicable; (iii) land use or zoning permit, if applicable; and (iv) perpetual care and maintenance trust agreement executed by the owner, the presiding officer, or other agent; (b) a statement signed by a majority and verified by the owner, the presiding officer, or other agent, which shall set forth: (i) names and addresses of the owners, partners, incorporators, directors, officers, and trustees of the perpetual care and maintenance fund, including the person who will be in charge of sales; (ii) a statement setting forth the size, location and topography of, and water available for, the property to be used for cemetery purposes; and (iii) a statement of the amount deposited to the perpetual care and
maintenance fund, type of investment made or to be made and the proposed rate of contribution for the future; (c) an independent confirmation from the depository or other such proof of deposit of the initial contribution to the perpetual care and maintenance fund; (d) an accurate and readable map of the proposed cemetery site (scale not less than one inch to 500 feet) and surrounding area showing number of acres, highways, access roads, etc., and area to be initially developed delineated thereon; and (e) such other matters as the board may require by written notice to the applicant. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19814, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13661 24.147.1302 DEPARTMENT OF LABOR AND INDUSTRY 24.147.1302 MANAGERS (1) 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 change in the cemetery manager. (2) Each cemetery manager shall post in a conspicuous place in the office or offices where sales are conducted a legible sign which shall indicate the name of the cemetery manager, as well as the salespeople's names. This sign shall be at least 5 1/2 inches high and 8 1/2 inches wide. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-814, 37-19-822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.1303 CEMETERY CONTRACTS; PRICE DISCLOSURE (1) 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 adjacent to the signature block, with a requirement for initials, in 10-point bold type: "YOU, THE PURCHASER, WILL HAVE TO PAY, AT THE TIME OF NEED, ANY ADDITIONAL CHARGES RESULTING FROM PRICE INCREASES FOR THE FOLLOWING PREARRANGED SERVICES AND COMMODITIES:...". (History: 37-19-807, MCA; IMP, 37-19-822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1304 PERPETUAL CARE AND MAINTENANCE FUND REPORTS (1) A cemetery shall be required to submit an annual report. The report must consist of an audit opinion or attestation opinion on a form provided by the board. The report shall consist of an opinion of the accountant or auditor preparing such report. The report must be prepared by an independent certified public accountant or a licensed public accountant, provided that such report fully and accurately discloses the position of the perpetual care and maintenance fund. Failure to provide the annual report shall void the operating license of the cemetery. 24-13662 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1304 (2) Each cemetery company shall file with the board annually, on or before
June 1, or within five months after close of their fiscal year provided approval has been granted by the board, a written report in a format prescribed by the board setting forth: (a) the number of preneed and at-need grave spaces and the number of crypts and niches sold or disposed of under perpetual care and maintenance by specific periods as set forth on the form prescribed; (b) the amount collected and deposited in both the general and special perpetual care and maintenance funds segregated as to the amounts for crypts, niches and grave spaces by specific periods as set forth either on the accrual or cash basis at the option of the cemetery authority; (c) a statement showing separately the total amount of the general and special perpetual care and maintenance funds invested in each of the investments authorized by law, and the amount of cash on hand not invested, which statement shall actually show financial condition of the funds; (d) a statement showing separately the location, description, and character of the investments in which the perpetual care and maintenance funds are invested. The statement shall show the valuations of any securities held in the perpetual care and maintenance fund; and (e) the report shall be verified by the owner, presiding officer, or their agent of the cemetery company, and shall be certified by the accountant or auditor preparing the report. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13663 24.147.1305 DEPARTMENT OF LABOR AND INDUSTRY (3) Any cemetery company that does not file its report within the time prescribed may be subject to disciplinary action as prescribed by the Montana Administrative Procedure Act, and 37-1-304, MCA, including a fine of up to $1000. (a) A cemetery company may request waiver or reduction of a fine by making a written request. The request shall be postmarked within 30 days of notice of the fine, and shall be accompanied by a statement showing good cause for the request. (b) The board may waive or reduce the fine where a timely request is made and where it determines, in its discretion, that the cemetery company has made a sufficient showing of good cause for the waiver or reduction. (c) The board shall examine the reports filed with it as to the cemetery company's compliance with all relevant statutes, as to the amount of perpetual care and maintenance funds collected and as to the manner of investment of such funds. (d) In the event that the board requires an audit, the board shall contract with a licensed or certified public accountant and the fee charged by the accountant for the actual cost of the audit must be paid by the cemetery company. (History: 37-1131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19-822, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.1305 AUDIT FEES (1) In the event that the board requires an audit, the board shall contract with a licensed or certified public accountant and the fee charged by the accountant for the actual cost of the audit must be paid by the cemetery company. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-
807, 37-19-808, 37-19-822, 37-19-823, MCA; NEW, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) Rules 24.147.1306 through 24.147.1309 reserved NEXT PAGE IS 24-13687 24-13664 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1312 24.147.1310 REQUIREMENTS FOR BURIALS (1) 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. (2) Cremated remains placed in an urn or urn vault and covered with at least three-quarters of an inch of concrete, brass, granite, marble or metal plate, affixed to the urn or vault shall be exempt from the requirement of (1). (3) In the case of consensual double burials, the casket or vault that is on top shall be covered with at least 12 inches of dirt or turf as measured at the time of burial. (History: 37-19-807, MCA; IMP, 37-19-807, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1311 CEMETERY AUTHORITY RULES (REPEALED) (History: 3719-807, MCA; IMP, 37-19-807, MCA; 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 (1) No person or entity associated with the cemetery company shall directly or indirectly borrow from perpetual care funds, maintenance funds, or any trust funds of the cemetery company. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19807, 37-19-822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13687 24.147.1313 DEPARTMENT OF LABOR AND INDUSTRY 24.147.1313 TRANSFER OF CEMETERY OWNERSHIP (1) Whenever ownership of any cemetery company is proposed to be transferred, the cemetery company shall notify the board. A change in ownership, for purposes of this rule, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a cemetery company is transferred in a single transaction, or in a related series of transactions to one or more persons, associations, or corporations. The notice shall specify the address of the principal offices of the cemetery company, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and/or the stockholders thereof. (2) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the cemetery is located. The notice shall specify the address of the principal offices of the cemetery company, whether changed or unchanged, and shall specify the name and address of each new owner and/or each stockholder owning more than 5 percent of the stock. (3) When there is a change of ownership pursuant to this rule, the existing license shall become void and a new license shall be obtained from the board. (4) Every cemetery company shall post and continuously maintain at the
main public entrance to the cemetery, a sign specifying the current name and mailing address of the cemetery company, a statement that the name and mailing address of each owner, presiding officer, and/or their agent of the cemetery company may be obtained by contacting the board, and the mailing address of the board. Such signs shall be at least 16 inches high and 24 inches wide and shall be prominently mounted upright and vertical. (5) The board shall suspend the license of any cemetery company which is in violation of the sign or public notice requirements of this rule. Such license may be reinstated only upon compliance with such requirements. (History: 37-1-131, 37-19202, 37-19-807, 37-19-816, MCA; IMP, 37-19-816, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.) 24-13688 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1314 24.147.1314 PERPETUAL CARE AND MAINTENANCE FUNDS (1) Every cemetery company which now or hereafter maintains a cemetery, shall place its cemetery under perpetual care and maintenance and establish, maintain, and operate a perpetual care and maintenance fund. Perpetual care and maintenance funds may be commingled for investment, and the income therefrom shall be divided between the perpetual care and maintenance fund in the proportion that each fund contributed to the principal sum invested. The funds shall be held in the name of the cemetery company or in the name of the trustees appointed by the cemetery company. (2) The principal of all funds for perpetual care and maintenance funds shall be invested, and the income only may be used for the care, maintenance, additions, improvements, or fixtures to the cemetery property, in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations, or other actions or instruments of the cemetery company and for no other purpose. Perpetual care and maintenance funds shall be maintained separate and distinct from all other funds, and the trustees shall keep separate records thereof. (3) The cemetery company may from time-to-time adopt plans for the general care and maintenance of its cemetery, and charge and collect from all subsequent purchasers of plots such reasonable sum as, in the judgment of the cemetery company, will aggregate a fund, the reasonable income from which will provide care and maintenance. (4) The perpetual care and maintenance fund under these provisions shall be kept separate and apart from all other cemetery funds. Separate records and books shall be kept of the perpetual care and maintenance fund. The amount to be deposited in the perpetual care and maintenance fund shall be separately shown on the original purchase agreement and shall be not less than 15 percent of the gross proceeds of each sale of cemetery property. A copy of the agreement shall be delivered to the purchaser. In the sale of cemetery property, no commission shall be paid a manager or salesman on the amount deposited by the purchaser in the fund. (5) Each cemetery shall at all times maintain and keep within the state of Montana all books, accounts, records, cash and evidences of investments of its
general and special care funds. They shall be readily available for inspection and examination by the Board of Funeral Service in accordance with the provisions of the law. (History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19822, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, 5/5/06.) Subchapter 14 reserved NEXT PAGE IS 24-13721 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13689 FUNERAL SERVICE 24.147.1503 Subchapter 15 Branch Facilities and Prearranged Funeral Agreements 24.147.1501 BRANCH FACILITY (1) A branch facility need only consist of space for the purpose of visitation and funeral rites. Funeral arrangements and sale of funeral goods and services shall be permitted in this facility. Performance of embalming shall not be permitted. An annual renewal fee is required but no annual inspection will be mandated. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19-829, MCA; 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.) 24.147.1502 PREARRANGED, PREFINANCED, OR PREPAID FUNERALS (1) Mortuaries, crematories and cemeteries shall provide information to allow a continuing opportunity to all persons to consider, in advance and prior to need, the type and prices of the funeral or alternative thereto which best meets their needs. All prearranged, prefinanced or prepaid funerals shall be according to the law and rules of the state of Montana. (History: 37-1-131, 37-19-101, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19-829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.1503 REQUIREMENTS FOR SALE OF AT-NEED, PRENEED, AND PREPAID FUNERAL ARRANGEMENTS (1) 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 person is a duly licensed mortician or funeral director. (2) The following monies shall be construed as trust funds in the possession of a funeral director, mortician, mortuary, cemetery, or any other person, firm or corporation: (a) any monies paid under or in connection with a funeral trust agreement where: (i) the funeral trust agreement is intended to provide funeral goods and/or service for the named person referred to in this part as beneficiary, who may or may not be the same person as the purchaser; ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13721 24.147.1504 DEPARTMENT OF LABOR AND INDUSTRY (ii) the sale of personal property to be used in connection with a funeral or burial, wherein the delivery of such personal property is not to occur until after the death of the beneficiary of the trust; and/or (iii) the furnishing of personal services are not rendered until the occurrence
of the death of the beneficiary of the trust. (3) Trust funds shall be deposited within three business days after receipt in a special account maintained exclusively for the deposit of monies in a banking institution, savings or building and loan association or credit union that must have its principal place of business in this state and must be organized under federal and/or Montana law. (4) Trust funds shall be held on deposit, together with any interest until the personal property has been delivered and the personal services have been rendered, unless sooner repaid, in whole or in part. (5) Any funeral trust agreement shall include a provision that a preneed purchaser shall receive a receipt for the deposited funds from the depository institution. The funeral trust agreement must include a disclosure to the preneed purchaser that the purchaser should receive the receipt within 30 days, and if the receipt is not received within the 30-day timeframe, the purchaser should contact the preneed seller. (History: 37-1-131, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19-829, MCA; 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.) 24.147.1504 PRENEED FUNERAL AGREEMENTS (1) Every preneed funeral agreement executed in this state shall be reduced to writing, and must: (a) 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, and (b) include at least the following information: (i) the name, address and telephone number of the mortuary intended to be utilized at the time of the agreement; (ii) the name and license number of the individual licensee acting as or on behalf of the provider; (iii) the purchaser's name, address and social security number; (iv) the name, address and social security number of the intended funeral recipient; (v) both a copy of the provider's current general price list and an itemized statement of funeral goods and services to be included in the agreement; (vi) full and complete disclosure of how the agreement is to be funded; 24-13722 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1504 (vii) whether the agreement is a guaranteed price agreement or nonguaranteed price agreement, which term, as applicable, shall be defined in the agreement in accordance with this subchapter; together with complete disclosure of how the planned funeral expenses shall be funded in the event the funds held by the trust are insufficient and means of disposition of any proceeds of the trust in excess of that needed for planned funeral goods and services; (viii) complete disclosure of rates of interest to be accrued on the invested funds, including any fees to be charged against the invested funds, how those fees are determined and how, when and to whom such fees are paid. (ix) full identification of the depository institution where the funds will be held, together with all pertinent account numbers or other means whereby the funds may be identified.
(c) provide that all funeral arrangements and prepaid funeral trust agreements are revocable upon demand of the purchaser, if alive, and if not, then by the intended funeral recipient where they are different persons. The amount of any and all moneys paid under or in connection with such an agreement together with any and all interest, if any, accrued thereon while on deposit shall be repaid on demand at any time prior to the delivery of the prepaid funeral goods or the performance of the prepaid funeral services. Upon the death of the intended funeral recipient, the intended funeral recipient's authorizing agent shall have the right to revoke the funeral arrangements and to sever the funeral funding arrangements from the funeral arrangements; except however, as provided in 37-19-708, MCA the means of disposition specified by the preneed funeral agreement may not be changed by the authorizing agent. In those instances where a prepaid funeral agreement is revoked, the moneys used to fund the agreement, including all principal and all accrued interest, shall be paid to: (i) the purchaser if alive, and if not, then to the personal representative or estate of the deceased purchaser; or (ii) the intended funeral recipient if the funds originally paid for a prepaid funeral agreement belonged to the intended funeral recipient and the agreement is funded through a trust; or (iii) the named beneficiaries on the insurance policy if the agreement is funded through a funeral insurance policy. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13723 24.147.1504 DEPARTMENT OF LABOR AND INDUSTRY (d) notwithstanding the provisions of (c) above to the contrary, an agreement may provide that the trust shall be irrevocable during the lifetime of the beneficiary, if at the time of the signing of an agreement, the intended funeral recipient of the trust is an applicant for or recipient of, benefits pursuant to the regulations of any public assistance agency or the medicaid program and utilizing the eligibility criteria of the supplemental social security income program in regard to burial spaces and funds set aside for burial expenses; or, a person who reasonably anticipates applying for, or receiving, such benefits within six months. A prepaid funeral agreement made irrevocable pursuant to this subchapter shall not affect the selection of funeral goods or services or the selection of the funeral home. If the intended funeral recipient of the trust enters into an agreement, reasonably anticipating that the intended funeral recipient will become an applicant for, or recipient of these programs within six months from the execution of the agreement, the agreement shall provide that, in the event the intended funeral recipient does not become an applicant for, or recipient of, any of these programs within the six month period, the trust shall revert to a revocable trust. (e) in circumstances wherein the agreement is made irrevocable, provisions must be made for a change of provider at the sole discretion of the purchaser or intended funeral recipient, without financial penalty or charge for such a change. (f) provide that, unless otherwise specified therein, a prepaid funeral agreement anticipates the provision of prepaid funeral goods and services in the area served by the provider. The agreement shall further provide that, if the intended funeral recipient's place of death is in a location other than that served by
the provider, alternative funeral arrangements will be necessary unless otherwise provided for in the terms of the agreement. (g) provide for the provider's substitution of any funeral goods or services to be furnished or rendered thereunder for funeral goods of equal quality, value and workmanship, or services of equal quality and value in the event of the unavailability of any funeral goods or services set forth in the agreement. Any change in the price of the agreement resulting from such substitution of funeral goods and/or services shall be reflected in the statement of funeral goods and services rendered. (h) provide that, in the case of an agreement funded through a funeral trust, if the purchaser predeceases the intended funeral recipient where they are different persons, and no provision is made within the agreement for designation of the purchaser's successor, then the intended funeral recipient shall automatically assume the legal right to administer the funeral trust as purchaser, including the right to withdraw any and all funds held in the funeral trust, and with all other rights formerly held by the purchaser. (2) Any provision of any such agreement whereby a person who pays money under or in connection therewith waives any provision of these rules shall be void. (History: 37-1-131, 37-19-101, 37-19-202, MCA; IMP, 37-19-827, 37-19-828, 37-19829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24-13724 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.1505 24.147.1505 TRUST FUNDS (1) No licensee of the Montana Board of Funeral Service, or any director, officer, or employee of any mortuary, cemetery, crematory, or other provider shall directly or indirectly, for the director or officer, or as the partner or agent of others, borrow any prepaid funeral trust funds, including principal or accrued interest. No such person shall become an endorser or surety for loans to others, nor in any manner be an obligor for money borrowed from or loaned by the prepaid funeral trust. No business entity, of which a mortician, funeral director, mortuary employee, mortuary owner or family member of a mortician or funeral director, mortuary owner, or mortuary employee or business entity in which either of them is in any manner interested, shall borrow any of the funds of a preneed funeral trust. (History: 37-1-131, 37-19-101, 37-19-202, MCA; IMP, 37-19827, 37-19-828, 37-19-829, MCA; NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) Subchapters 16 through 20 reserved NEXT PAGE IS 24-13901 ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13725 FUNERAL SERVICE 24.147.2101 Subchapter 21 Continuing Education Rules 24.147.2101 CONTINUING EDUCATION REQUIREMENTS (1) The basic requirement for continuing education shall be completion of a minimum of 12 clock hours in a two-year period, with a maximum carry-over from one year to the next of six hours. (2) Each licensee in this state shall sign an affidavit stating that he/she has
completed a minimum of six clock-hours of continuing education courses, which affidavit shall be submitted as a part of his or her renewal application. (a) Compliance with the requirements of continuing education is a prerequisite for license renewal. (3) Hours of continuing education credit may be obtained by attending and participating in continuing education courses, workshops, seminars or other activities meeting the requirements herein. (4) The board/staff will not preapprove continuing education programs or sponsors. Qualifying criteria for continuing education are specified in these rules. It is the responsibility of the licensees to select quality programs that contribute to their knowledge and competence which also meet these qualifications. (a) The continuing education program must meet the following criteria: (i) The activity must have significant intellectual or practical content. The activity must deal primarily with substantive funeral service issues. In addition, the board may accept continuing education activities from other professional groups or academic disciplines if the licensee demonstrates that the activity is substantially related to his or her role as a mortician. A continuing education program is defined as a class, institute, lecture, conference, or workshop. The following types of continuing education courses must require passage of a test following completion of the course: home study, cassette, videotape or activity delivered by other means. (ii) The activity itself must be conducted or written by an individual or group qualified by practical or academic experience. (iii) All acceptable continuing education courses must provide the licensee with documentation of program and attendance, containing at least the following information: full name and qualifications of the presentor; title of the presentation attended; number of hours and date of each presentation attended; name of sponsor; and description of the presentation format. ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13901 24.147.2101 DEPARTMENT OF LABOR AND INDUSTRY (b) Implementation for continuing education shall be as follows: (i) One continuing education credit shall be granted for each hour of participation in the continuing education activity. A maximum of three credits per year by cassette, videotape or tested home study will be allowed. (ii) No continuing education is required for morticians renewing their license for the first time. (iii) The board will randomly audit 10 percent of the licensed morticians each year. Audited licensees must provide copies of completion certificates to the board as verification of compliance by the renewal deadline date. (A) The board will review these audit reports within six months of their receipt. (B) Those not receiving notice from the board regarding their continuing education should assume satisfactory compliance. (C) Licensees found to be in noncompliance with the requirement will be asked to submit to the board for approval a plan to complete the continuing education requirements for licensure. (D) Prior to the next consecutive year's license renewal deadline, those
licensees who were found to be in noncompliance will be formally reviewed to determine their eligibility for license renewal. Licensees, who at this time have not complied with continuing education requirements, will not be granted license renewal until they have fulfilled the board-approved plan to complete the requirements. (E) Notices will be considered properly mailed when addressed to the last known address on file in the board office. (F) No continuing education used to complete delinquent continuing education plan requirements for licensure may be used to meet the continuing education requirements for the next continuing education reporting period. (iv) if a licensee is unable to acquire sufficient continuing education credits to meet the requirements, he or she may request a waiver. All requests for waiver will be considered by the Board of Funeral Service and evaluated on an individual basis. (v) It is the responsibility of the licensee to establish and maintain detailed records of continuing education compliance (in the form of programs and documentation of attendance) for a period of two years following submission of a continuing education report. (5) It is the responsibility of each licensee to finance his or her costs of continuing education. (History: 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; 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, 2000 MAR p. 1630, Eff. 6/30/00; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790.) 24-13902 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2102 24.147.2102 SPONSORS (1) The board will recognize courses, programs or other continuing education activities sponsored by Montana Funeral Directors Association (MFDA), Selected Independent Funeral Homes (SIFH), National Funeral Directors Association (NFDA), Independent Funeral Directors Association (IFDA), Federated Funeral Directors of America, National Foundation of Funeral Service, Montana Coroner's Association, Order of Golden Rule, Montana Department of Justice coroner's training programs, Montana Funeral Services, Inc. (MFSI) and funeral industry supplier programs. All other programs must meet the criteria established in ARM 24.147.2101. (History: 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; 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, from Commerce, 2002 MAR p. 790.) Rules 24.147.2103 through 24.147.2107 reserved ADMINISTRATIVE RULES OF MONTANA 6/30/06 24-13903 24.147.2108 DEPARTMENT OF LABOR AND INDUSTRY 24.147.2108 EXCEPTIONS - NOT ENGAGING IN THE PRACTICE OF FUNERAL SERVICE (1) The board has authority to make a written exception from the continuing education requirements for those persons who certify that they do not intend to engage in the practice of funeral service. Applicants for certificate or license renewal must certify their intention to the board on a notice furnished by the department. The board defines "practice of funeral service" to mean: (a) a person engaging in providing shelter, care, and custody of the human dead;
(b) the practice of preparing of the human dead by embalming or other methods for burial or other disposition; (c) in making arrangements at or prior to need, financial or otherwise, for the providing of such services and/or the same of funeral merchandise, whether for present or future use; or (d) in general, engaging in the practice or performing any functions of funeral directing and/or embalming as presently known including those stipulated herein. (History: 37-1-131, 37-1-319, 37-19-202, MCA; IMP, 37-1-306, MCA; NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.) 24.147.2109 PENALTY FOR NONCOMPLIANCE (1) Morticians or funeral directors who have not requested inactive status and/or have not complied with the requirements of 12 hours of continuing education within a two-year period shall be subject to suspension or revocation of license after hearing. (History: 37-19-202, 37-19-316, MCA; IMP, 37-19-316, MCA; NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790.) Subchapter 22 reserved NEXT PAGE IS 24-13927 24-13904 6/30/06 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2301 Sub-Chapter 23 Unprofessional Conduct 24.147.2301 UNPROFESSIONAL CONDUCT (1) For the purpose of implementing 37-1-319, MCA, the board defines unprofessional conduct to include, but not be limited to, the following: (a) solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or while death is impending; providing, that this shall not be deemed to prohibit general advertising; (b) employment by the licensee of persons known as "cappers", or "steerers", or "solicitors", or other such persons to obtain the services of a holder of a license for the practice of funeral service; (c) employment directly or indirectly of any apprentice, agent, assistant, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions for solicitation of dead human bodies for a particular mortuary, mortician, or crematory; (d) the direct or indirect payment or offer of payment of a commission by the licensee, his agent, assistants or employees for the purpose of securing business for that particular mortuary, mortician, or crematory; provided however, that compliance with a state pre-need law shall not constitute a violation thereof; (e) failing to exercise appropriate supervision over interns who are authorized to practice only under the supervision of the licensed mortician; (f) allowing the licensee's license number to be placed on a death certificate or any other official form of any dead human body as the mortician or funeral director, if the licensee did not prepare the body or supervise the final disposition of that body; (g) using any funeral merchandise previously used without informing new
consumer or person selecting and/or paying for the use of the merchandise that the merchandise has been used; (h) failure to provide funeral goods that the consumer selected, or substitution of funeral goods or services without the consumer's knowledge or consent; (i) violation of any of the provisions of Title 37, chapter 19, MCA, and/or ARM Title 24, chapter 147; ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13927 24.147.2301 DEPARTMENT OF LABOR AND INDUSTRY (j) violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation or final disposition of dead human bodies; (k) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect such release; (l) knowingly making any false statement on a certificate of death; (m) violation of applicable statutes or regulations of the state of Montana or any other state involved with the pre-arrangement and/or pre-financing of a funeral; (n) discriminating in services because of race, creed, color, national origin or medical condition; (o) knowingly making false statements regarding other licensees; (p) permitting non-licensed personnel to make arrangements for a funeral; (q) personnel of a mortuary, crematory or cemetery whose services are desired shall not recommend auxiliary services or funeral goods or deprive the consumer the freedom of choice for such services or funeral goods; (r) removing or possessing dental gold, dental silver, or any other personal effects, from deceased persons without specific written permission of the authorizing agent; (s) attaching, detaining, claiming to detain or failing to release any human remains or human cremated remains for any debt or demand, or upon any pretended lien or charges upon delivery of authorization for release of remains; (t) failure to deposit or keep on deposit, misapply, misappropriate, or to repay on valid demand, any and all moneys received in payment for pre-need funeral goods or services; (u) failure to comply with statutory or board requirements for pre-need or prepaid arrangements, agreements, or trusts; or failure to disclose any material facts regarding pre-need or prepaid arrangements, agreements or trusts; or (v) in circumstances where there is conflict in direction provided by authorizing agents of equal rank, it shall be considered unprofessional conduct for a licensee to proceed without requiring the parties to either come to agreement, or submit the matter for judicial resolution of the conflict. (History: 37-1-131, 37-1-136, 37-1-319, 37-19-202, MCA; IMP, 37-1-136, 37-1-316, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1988 MAR p. 2377, Eff. 11/11/88; AMD, 1989 MAR p. 225, Eff. 1/27/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.) 24-13928 3/31/02 ADMINISTRATIVE RULES OF MONTANA
FUNERAL SERVICE 24.147.2303 24.147.2302 LICENSEE RESPONSIBILITY IN CASE OF CRIME OR VIOLENCE IN CONNECTION WITH CAUSE OF DEATH (1) No person licensed for the practice of funeral service shall remove or embalm a dead human body when he or she has information indicating crime or violence of any sort in connection with the cause of death, until permission of the coroner or medical examiner or some other duly-qualified person acting in such capacity if there is no coroner or medical examiner, has first been obtained. (History: 37-1-136, 37-19-202, MCA; IMP, 37-1136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.2303 FREEDOM OF CHOICE RIGHTS OF NEXT OF KIN AND FAMILY (1) No public officer or employee, or the official of any public institution, or physician or surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to any funeral establishment or to any person licensed for the practice of funeral service the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of such decedent. And if any such kin be found, his or her authority and directions shall govern. (2) No company, corporation or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition or other similar expenses of the deceased members or of certificate holders therein, or engaged in the business of providing any insurance upon the life of any individual, under which contract of insurance any obligation might or could arise to care for the remains of the insured, shall contract to pay or shall pay any such insurance or such benefits, or any part of either such insurance or benefits, to any funeral establishment or to any licensee or to any individual in any manner which might or could deprive the representative, next of kin or family of such deceased person from, or in way control them in procuring such funeral establishment, person licensed for the practice of funeral service or other proper and competent person to perform such necessary and proper services, and to furnish supplies as may be necessary and proper to care for the remains of such decedent as such representative, next of kin or family may desire. ADMINISTRATIVE RULES OF MONTANA 3/31/02 24-13929 24.147.2304 DEPARTMENT OF LABOR AND INDUSTRY (3) No person licensed for the practice of funeral service or anyone acting for him or her shall have any part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part thereof is given for anatomical purposes. (History: 37-1-136, 37-19-202, MCA; IMP, 37-1-136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.2304 UNLAWFUL PRACTICE (1) It shall be unlawful for any person, partnership, corporation or association who has not been licensed as specified in this act to transact, practice or hold himself or itself out as transacting or practicing funeral service, or operating or maintaining a funeral establishment within this state.
(History: 37-1-136, 37-19-202, MCA; IMP, 37-1-136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790.) 24.147.2305 SCREENING PANEL (1) The board chairman must be a member of the screening panel. The chairman will appoint the screening panel based on the individual complaint. The number of board members sitting on the panel may vary, but cannot exceed four members. (2) The members sitting on the screening panel cannot sit on the disciplinary panel. (History: 37-19-202, MCA; IMP, 37-1-307, MCA; NEW, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790.) NEXT PAGE IS 24-13941 24-13930 3/31/02 ADMINISTRATIVE RULES OF MONTANA FUNERAL SERVICE 24.147.2401 Subchapter 24 Complaint Procedures 24.147.2401 COMPLAINT FILING (1) A person, government or private entity may submit a written complaint to the board charging a licensee or license applicant with a violation of board statute or rules, and specifying the grounds for the complaint. (2) Complaints must be in writing, and shall be filed on the proper complaint form prescribed by the department. (3) Upon receipt of the written complaint form, the department shall log in the complaint and assign it a complaint number. The complaint shall then be sent to the licensee complained about for a written response. Upon receipt of the licensee's written response, both complaint and response shall be considered by the screening panel of the board for appropriate action including dismissal, investigation, or a finding of reasonable cause of violation of a statute or rule. The department shall notify both complainant and licensee of the determination made by the screening panel. (4) If a reasonable cause violation determination is made by the screening panel, the Montana Administrative Procedure Act shall be followed for all disciplinary proceedings undertaken. (5) The screening panel shall review anonymous complaints to determine whether appropriate investigative or disciplinary action may be pursued, or whether the matter may be dismissed for lack of sufficient information. (History: 37-1-131, 37-19-202, MCA; IMP, 37-1-307, 37-1-308, 37-1-309, MCA; 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.)
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES CHAPTER 116 DEAD HUMAN BODIES Subchapter 1 Embalming and Transportation Rule
37.116.101
Definitions
37.116.102
Death of a Person With an Infectious Disease and Notification of Mortuary
37.116.103
Transportation of Dead Human Bodies
37.116.104
Prohibitions
37.116.105
Exceptions
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37-29743
DEAD HUMAN BODIES
37.116.101
Subchapter 1 Embalming and Transportation 37.116.101 DEFINITIONS For the purpose of this chapter, the following definitions apply: (1) "Alternative container" means any receptacle or enclosure which: (a) is of sufficient strength to be used to hold and to transport a dead human body; (b) is able to be closed to provide a complete covering for the human remains; (c) is resistant to leakage or spillage; (d) minimizes the exchange of air between the inside and outside of the container; and (e) is able to provide protection for the health and safety of persons handling the container. (2) "Common carrier" means a person or organization that offers to the public, transportation of people and/or materials for compensation, including railroads, airlines, or other public transportation. (3) "Coroner" means a county coroner elected or appointed pursuant to 7-4足 2203, MCA. (4) "Department" means the Department of Public Health and Human Services. (5) "Destination" means a cemetery, crematorium, or other place of ultimate disposition of a dead human body. (6) "Embalming" means the preservation and disinfection of the dead human body by application of chemicals, externally, internally, or both. (7) "Health care facility" has the meaning provided in 50-16-1003, MCA. (8) "Health care provider" has the meaning provided in 50-16-1003, MCA, including but not limited to a physician, nurse, or emergency medical technician.
ADMINISTRATIVE RULES OF MONTANA
3/31/10
37-29749
37.116.101
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
(9) "Infectious disease" means any of the following: (a) meningococcal meningitis; (b) communicable pulmonary tuberculosis; (c) human immunodeficiency virus (HIV) infection; (d) hepatitis B, C, or D; and (e) any disease attributed to a specific bacterial, parasitic, or other agent recognized by the Control of Communicable Diseases Manual as transmitted person to person by an aerosol or by contact with infectious blood or body fluids. The department hereby adopts and incorporates by reference the Control of Communicable Diseases Manual published by American Public Health Association, 16th edition, 1995, which specifies the modes of transmission for communicable diseases. The portions of the manual that will be used are those identifying the diseases transmittable by the foregoing means. A copy of the manual may be obtained from the American Public Health Association, 1015 15th Street, NW, Washington, DC 20005. (10) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board of health or the board of a multijurisdictional service district formed pursuant to Title 7, chapter 11, part 11, MCA, to provide health services. (11) "Mortuary" means a facility licensed pursuant to Title 37, chapter 19, MCA. (12) "Private conveyer" means any entity other than a common carrier that transports a dead human body, including but not limited to, a mortuary or an ambulance service. (13) "Transport" means to carry a dead human body from one location to another. (History: 50-1-202, 50-16-701, 50-16-705, MCA; IMP, 50-1-202, 50-16足 701, 50-16-705, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; AMD, 1987 MAR p. 2147, Eff. 11/28/87; TRANS & AMD, from DHES, 1999 MAR p. 345, Eff. 2/26/99.)
37-29750
3/31/10
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ADMINISTRATIVE RULES OF MONTANA
DEAD HUMAN BODIES
37.116.102
37.116.102 DEATH OF A PERSON WITH AN INFECTIOUS DISEASE AND NOTIFICATION OF MORTUARY (1) When a person dies, the person's health care provider, the local coroner who certifies the death, or, if the death occurs in a health care facility, a facility staff member designated by the facility must notify the mortuary receiving the person's body, at the time of transfer of the body to the mortuary or as soon after transfer as possible, whether or not the person had or was suspected of having an infectious disease at the time of death. If the person did have or was suspected of having an infectious disease, the notice must also include what infectious disease the deceased individual had at the time of death and the nature of the disease. A sample form is available from the department's communicable disease control and prevention bureau, which may be used to provide the notice in writing to a mortuary. (2) If a person has or is suspected by the person's health care provider or the coroner of having an infectious disease at the time of death, the local health officer, immediately after receiving notification of the infectious disease, must inform the mortician or any other person handling the body (before or after death) of that fact and of the appropriate measures which should be taken to prevent transmission. (3) As soon as reasonably possible following death or the conclusion of further examination required to determine the cause of death, the body of a person who had or is suspected by the person's health care provider, the coroner, or the local health officer of having a viral hemorrhagic fever (lassa, ebola, Marburg, Congo-Crimean) or any other undiagnosable febrile disease occurring shortly after returning from international travel must be placed in a hermetically sealed bag or alternative container, handled only to the extent necessary, and either cremated subject to the restriction in 37-19-705(2), MCA, or buried immediately, unless an exception is granted pursuant to ARM 37.116.105 (4) Whether or not the mortuary receives notice that a deceased person had an infectious disease, blood and body fluid precautions as defined in ARM 37.114.101 must be taken by the mortuary staff in order to prevent transmission of any potential infectious disease to mortuary personnel.
ADMINISTRATIVE RULES OF MONTANA 3/31/10 37.116.102 DEPARTMENT OF PUBLIC HEALTH
37-29753
AND HUMAN SERVICES
(5) The definitions in ARM 37.114.101 apply to this chapter. A copy of ARM 37.114.101 may be obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Communicable Disease Control and Prevention Bureau, Cogswell Building, P.O. Box 202951, Helena, MT 59620-2951. (History: 50-1-202, 50-16-701, 50-16-705, MCA; IMP, 50-1-202, 50-16-705, 50-16足 712, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; AMD, 1987 MAR p. 2147, Eff. 11/28/87; TRANS & AMD, from DHES, 1999 MAR p. 345, Eff. 2/26/99.)
37-29754
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3/31/10 ADMINISTRATIVE RULES OF MONTANA DEAD HUMAN BODIES 37.116.103
37.116.103 TRANSPORTATION OF DEAD HUMAN BODIES (1) The body of a person who died or is suspected by the person's health care provider, the coroner, or the local health officer of dying with a disease listed in ARM 37.116.102(3) may not be transported unless enclosed in a hermetically sealed casket or alternative container and the plans for transporting the container are approved by the local health officer. (2) The body of a person who, at the time of death, did not have a disease listed in ARM 37.116.102(3): (a) when removed from the place of death to a mortuary, must be transported by removal cot, transport stretcher or alternative container; (b) must be placed in a casket or alternative container in order to be transported by common carrier. If such body is en route more than eight hours, or if the termination of common carrier transport occurs more than 36 hours after the time of death, the body must be either embalmed or refrigerated at 35째F or colder, so as to prevent or substantially retard decomposition and the resultant effluents and odors; (c) when being transported by a private conveyer and the body will not reach its destination within 48 hours after the time of death, must be either embalmed or refrigerated at 35째F or colder, so as to prevent or substantially retard decomposition and the resultant effluents and odors. (History: 50-1-202, MCA; IMP, 50-1-202, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; AMD, 1995 MAR p. 850, Eff. 5/12/95; TRANS & AMD, from DHES, 1999 MAR p. 345, Eff. 2/26/99.)
ADMINISTRATIVE RULES OF MONTANA 3/31/10 37.116.104 DEPARTMENT OF PUBLIC HEALTH
37-29757
AND HUMAN SERVICES
37.116.104 PROHIBITIONS (1) A disinterred human body of a person who died with a disease listed in ARM 37.116.102(3) may not be accepted for transportation by a common carrier or private conveyer unless the remains are enclosed in an alternative container approved by the local health officer or the department's director or designee. (History: 50-1-202, MCA; IMP, 50-1-202, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS & AMD, from DHES, 1999 MAR p. 345, Eff. 2/26/99.)
37-29758
3/31/10
ADMINISTRATIVE RULES OF MONTANA DEAD HUMAN BODIES 37.116.105
37.116.105 EXCEPTIONS (1) The department or a local health officer may grant an exception to the provisions of: (a) ARM 37.116.103(2) or 37.116.104(1) if such exception is requested prior to transportation of the dead human body and if such exception does not constitute a hazard to public health, create a public nuisance, or violate the provisions of Title 50, chapter 15, part 4, MCA; (b) the requirement of ARM 37.116.102(3) for immediate cremation or burial if special circumstances exist that ensure protection against exposure to the disease in question. (History: 50-1-202, MCA; IMP, 50-1-202, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS & AMD, from DHES, 1999 MAR p. 345, Eff. 2/26/99.)
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DEPARTMENT OF LABOR AND INDUSTRY CHAPTER 101 BUSINESS STANDARDS DIVISION Subchapters 1 and 2 reserved Subchapter 3 General Provisions Rule 24.101.301
Abatement of Renewal Fees Subchapter 4 Standardized Rules for Boards and Programs
Rule 24.101.401
Purpose
24.101.402
Definitions
24.101.403
Fees
24.101.404
Posting Disciplinary Orders on Licensee Lookup Database Rules 24.101.405 and 24.101.406 reserved
24.101.407
Licensing
24.101.408
Renewed, Lapsed, Expired, or Terminated Licenses Rules 24.101.409 through 24.101.412 reserved
24.101.413
Renewal Dates and Requirements
24.101.414
Renewal Notification
NEXT PAGE IS 24-7021 ADMINISTRATIVE RULES OF MONTANA 9/30/09
24-7001
BUSINESS STANDARDS DIVISION
24.101.301
Subchapters 1 and 2 reserved Subchapter 3 General Provisions 24.101.301 ABATEMENT OF RENEWAL FEES (1) Pursuant to 17-2-302, MCA, state programs that charge a fee for services are generally not permitted to let their cash balance exceed twice the program's annual appropriation. However, despite the best projections of a program, there may be times when cash balances exceed the amount authorized by statute. This rule is intended to provide a process for a program that needs to reduce its cash balance with a standard methodology to do so, in fair and equitable manner. This rule provides for an abatement of certain fees when the cash balance is excessive. (2) Except as provided by (3), a program that has an excessive cash balance may abate the renewal fees for the program's licensees or registrants for one or more renewal cycles until the program's cash balance does not exceed the allowable maximum. (a) The abatement of renewal fees may be the total amount of the renewal fee, or only a specified portion of the renewal fee. (b) If a program has more than one category of renewals, the abatement must be made on a roughly proportional basis to fairly, equitably, reasonably and economically distribute the abatement among the program's licensees or registrants. The program may, for good cause, completely abate the renewal fee for certain classes of licensees or registrants and not for other classes, if the administrative cost of processing a reduced renewal fee for all classes is disproportionately high. In such a case, the program must attempt in any future abatements to equitably treat those classes of renewals which have borne a relatively higher proportion of renewal fees. (c) The fact that the renewal fee is abated for any given renewal cycle does not excuse the licensee or registrant from otherwise fulfilling the renewal requirements, including submission of a renewal application and/or continuing education documentation. A program, to the extent it so provides by rule, may impose a late fee on untimely submissions of renewal applications or other required documentation.
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24-7021
24.101.301
DEPARTMENT OF LABOR AND INDUSTRY
(3) This rule does not apply to programs for which an exception to 17-2-302, MCA, exists and is applicable. As an example, a program with a three-year renewal cycle will have an apparent excess cash balance during the first year of the renewal cycle, based on a collection of three year's worth of fees for operations expenses. (4) This rule does not relieve a program from the duty to establish fees at a level commensurate with costs. (5) A licensing board attached to the department for administrative purposes may adopt the procedures specified in this rule by incorporating this rule by reference. Such an adoption of this rule authorizes the department to make such abatements as are appropriate, without further vote or action by the board. Incorporation by reference of this rule does not relieve the board of its obligations to set fees in a manner commensurate with costs. This rule does not relieve a board from its duty to undertake appropriate rulemaking to modify its fee structure when there are recurrent instances of cash balances in excess of the amount allowed by statute. (History: 37-1-101, MCA; IMP, 17-2-302, 17-2-303, 37-1-101, 37-1-134, MCA; NEW, 2004 MAR p. 2286, Eff. 9/24/04.)
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NEXT PAGE IS 24-7035 ADMINISTRATIVE RULES OF MONTANA
BUSINESS STANDARDS DIVISION
24.101.402
Subchapter 4 Standardized Rules for Boards and Programs 24.101.401 PURPOSE (1) The purpose of this subchapter is to standardize similar functions and processes within the division and administratively attached boards, including, but not limited to: (a) setting standardized fees; (b) standardizing forms; (c) eliminating the need for a licensing board to issue routine licenses; and (d) setting uniform standards for license renewal. (History: 37-1-101, MCA; IMP, 37-1-101, 37-1-104, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06.) 24.101.402 DEFINITIONS As used in conjunction with Title 37, MCA, the following definitions apply: (1) "Active status" means the license holder is afforded the rights and privileges to practice under the license while complying with the requirements as set by the licensing entity. (2) "Administrative fees" means a fee charged for products or services provided by the division. (3) "Department" means the Department of Labor and Industry. (4) "Disciplinary action" means the procedure by which unprofessional conduct is addressed by the licensing entity pursuant to the contested case hearing provisions of the Montana Administrative Procedure Act (MAPA). (5) "Division" means the Business Standards Division of the Department of Labor and Industry. (6) "Expired license" means a license for which the renewal requirements have not been met within 45 days to two years after the license renewal date. An expired license may be reactivated anytime within these two years. (7) "Inactive status" means an option provided by some licensing entities in which a licensee may retain a license but the licensee does not intend to practice, nor will the licensee engage in licensed activities at any time during the duration of the inactive status license. The licensee may wish to reactivate the inactive status license in the future. An inactive license must be renewed as prescribed by the licensing entity. (8) "Lapsed license" means a license that has not been renewed by the license renewal date. A lapsed license may be reactivated at anytime within 45 days following the license renewal date. (9) "Late penalty fee" means the fee that is required to be paid by a licensee upon renewal of a license if the licensee failed to renew the license by the renewal date.
ADMINISTRATIVE RULES OF MONTANA
6/30/06
24-7035
24.101.402
DEPARTMENT OF LABOR AND INDUSTRY
(10) "License history" means the progression of the license record from original licensure to the current status of the license provided to any requestor. (11) "License verification" means the documentation provided to another licensing entity that may include information supplied for original licensure or the license history information. (12) "New original license" means a license issued to an individual whose previous original license terminated and was not reinstated. In order to receive a new original license, all current requirements for obtaining an original license must be met including, but not limited to, submitting required application materials, successfully passing the required examinations as applicable, and paying the appropriate fees. The new original license number will remain the same as the original license number. (13) "Nonroutine application" means an application submitted to the division in which the application is defined as nonroutine either by the specific licensing entity's rules or by these rules. In conflicts between the specific licensing entity's rules and these rules, the specific licensing entity's rules govern. (a) A nonroutine application means that the applicant has one or more of the following: (i) has pending or completed disciplinary action in this state, or pending or completed disciplinary action in another state, territory, or jurisdiction; (ii) is restricted by the terms and conditions of a final order in a disciplinary matter; (iii) is required to submit materials that require professional evaluation by another licensee or licensing entity; (iv) has loss of documentation due to natural disaster or national emergency; or (v) is foreign-educated, except for those foreign-educated applicants applying for licensure from the following: (A) Board of Medical Examiners; (B) Board of Professional Engineers and Professional Land Surveyors; or (C) Board of Realty Regulation. (14) "Original license" means the initial license issued to a licensee by the department after successfully fulfilling all licensure requirements for the first time. (15) "Probationary license" means a license, that due to discipline taken against the licensee, signifies the license holder is afforded the rights and privileges to practice under the license while complying with the terms and conditions of a final order as issued by the licensing entity.
24-7036
6/30/06
ADMINISTRATIVE RULES OF MONTANA
BUSINESS STANDARDS DIVISION
24.101.402
(16) "Reactivated license" means a lapsed or expired license that is renewed between the renewal date and two years following the renewal date. In order to reactivate a license, all renewal requirements must be met. (17) "Reactivation of license" means activating a lapsed or expired license. (18) "Renewal date" means the date by which an existing license must be renewed as listed in ARM 24.101.413. Renewal information must be submitted on or before the renewal date in order for a license to be renewed without the assessment of the late penalty fee. (19) "Routine application" means an application submitted to the division in which the application is defined as routine either by the specific licensing entity's rules or by these rules. In conflicts between the specific licensing entity's rules and these rules, the specific licensing entity's rules govern. (a) A routine application means that the applicant does not have one or more of the following: (i) pending or completed disciplinary action in this state, or pending or completed disciplinary action in another state, territory, or jurisdiction; (ii) is not restricted by the terms and conditions of a final order in a disciplinary matter; (iii) is not required to submit materials that require professional evaluation by another licensee or licensing entity; (iv) loss of documentation due to natural disaster or national emergency; or (v) is foreign-educated, except for those foreign-educated applicants applying for licensure from the following: (A) Board of Medical Examiners; (B) Board of Professional Engineers and Professional Land Surveyors; or (C) Board of Realty Regulation. (20) "Standardized fee" means an administrative fee for a common product or service that is charged to division customers. (21) "Suspended license" means a license, that due to discipline taken against the licensee, signifies the license holder is no longer afforded the rights and privileges to practice under the license for a period of time specified by the final order issued by the licensing entity. (22) "Terminated license" means a license that has not been renewed or reactivated within two years of the renewal deadline. A terminated license may not be reactivated. (History: 37-1-101, MCA; IMP, 37-1-130, 37-1-131, 37-1-141, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06.)
NEXT PAGE IS 24-7041 ADMINISTRATIVE RULES OF MONTANA 6/30/06
24-7037
BUSINESS STANDARDS DIVISION
24.101.403
24.101.403 FEES (1) Standardized fees, in addition to those fees charged by a specific licensing entity are as follows: (a) duplicate license $ 5 (b) licensee lists or rosters 20 (c) photocopies per page (in excess of 20 pages) .25 (d) certified copies per page (in excess of ten pages) .50 (e) license history 20 (f) duplicate wall certificate 20 (g) returned check fee, including but not limited to, checks issued with nonsufficient funds, stop payment requests, or missing signatures 30 (h) license verification 20 (i) the license verification fee is waived for any licensing entity with a signed reciprocal agreement with another licensing entity and the licensing entities have agreed that no fees are to be charged; (i) status change fee from inactive to active during the licensure period is the difference between the cost of an inactive license and an active license renewal fee; (j) renewal fee for a suspended license is 50 percent of the renewal fee; and (k) renewal fee for a probationary license is the same as the renewal fee. (2) The late penalty fee for each renewal period a license has not been renewed shall be 100 percent of the renewal fee. The penalty fee is in addition to the renewal fee and must be paid for each renewal period that the license has not been renewed. If the license has not been renewed on or before the date set by ARM 24.101.413, the late penalty fee must be paid. (a) In the event a renewal fee has been abated, the late penalty fee still applies. The late penalty fee that must be paid is 100 percent of the renewal fee that would have been charged had the renewal fee not been abated. (3) There is no late fee for licensed guides under the jurisdiction of the Board of Outfitters. (4) When converting an inactive status license to an active status license, the difference between the inactive status fee and the active status fee must be paid for the remainder of the current renewal period. (5) When a military reservist renews a professional or occupational license after being discharged from active duty, the renewal fee will be the current renewal fee. No past fees accrued while the reservist was on active duty will be charged pursuant to 37-1-138, MCA. (6) All fees are nonrefundable. (History: 37-1-101, MCA; IMP, 27-1-717, 371-130, 37-1-134, 37-1-138, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 2384, Eff. 10/15/10.)
ADMINISTRATIVE RULES OF MONTANA
12/31/10
24-7041
24.101.404
DEPARTMENT OF LABOR AND INDUSTRY
24.101.404 POSTING DISCIPLINARY ORDERS ON LICENSEE LOOKUP DATABASE (1) Unless the exceptions in (2) and (3) are applicable, any final order imposing a sanction against a professional or occupational license holder that is based on competence to practice issues or based on an allegation that generally or specifically is a violation of law or regulation, is a "disciplinary action" that must be published and noted on the licensee lookup. (2) If a final order is based only upon a failure to file or complete in a timely manner a minor administrative requirement that is in rule or law, the order affecting the licensee is not a "disciplinary action" for the purposes of publication and notice on the licensee lookup. (3) A final order of license denial based solely upon an applicant's failure to meet minimum licensure qualifications and not based on competence to practice issues or involving the applicant's past disciplinary or legal actions is not a "disciplinary action" for the purposes of publication and notice on the licensee lookup. (History: 37-1-101, MCA; IMP: 37-1-311, 37-1-405, MCA; NEW, 2009 MAR p. 1167, Eff. 7/17/09.) Rules 24.101.405 and 24.101.406 reserved
24-7042
9/30/09
NEXT PAGE IS 24-7049 ADMINISTRATIVE RULES OF MONTANA
BUSINESS STANDARDS DIVISION
24.101.408
24.101.407 LICENSING (1) The department will issue all licenses to those routine applicants who meet the licensing requirements and pay the required fees. (2) The department will issue all licenses as directed by the governing board to those nonroutine applicants who meet the licensing requirements and pay the required fees. A nonroutine applicant may be asked to appear before the board prior to the final board decision regarding the granting of a nonroutine license. (History: 37-1-101, MCA; IMP, 37-1-101, 37-1-130, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06.) 24.101.408 RENEWED, LAPSED, EXPIRED, OR TERMINATED LICENSES (1) All licenses must be renewed on or before the renewal date as listed in, and in accordance with ARM 24.101.413. Late renewals must be accompanied by the fees as specified in ARM 24.101.403 and any other information required as if the renewal were submitted prior to the renewal date. (a) A suspended license must be renewed in accordance with ARM 24.101.413 or the license will proceed to expire or terminate. (2) If the license has not been renewed, the license shall be considered a lapsed, expired, or terminated license. (a) A lapsed license may be reactivated within 45 days of the renewal date by submitting the required, completed renewal information and paying the required fees. (b) Licenses not renewed within 45 days from the renewal date automatically expire. An expired license may be reactivated within two years of the renewal date by submitting the required, completed renewal information and paying the required fees. (c) Licenses not renewed within two years from the renewal date automatically terminate. A terminated license may not be reactivated. A new original license must be obtained by completing the current requirements for a new application, including successfully passing the licensing examination if applicable. (3) A licensee whose license has lapsed or expired, may not apply for a new license. A licensee must renew the license if it has lapsed or expired. All renewal requirements must be met and fees paid in order for a lapsed or expired license to be renewed. A new original license will be issued to a licensee whose license has terminated, provided all licensing requirements are met. (4) A licensee who practices while a license is lapsed is not considered to be practicing without a license. (5) A licensee who practices after a license has expired is considered to be practicing without a license and is subject to discipline provided by statute or rule. (6) A former licensee who practices after a license is terminated is considered to be practicing without a license and is subject to cease and desist or a district court restraining order. (History: 37-1-101, 37-1-141, MCA; IMP, 37-1-101, 37-1-130, 37-1-141, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06.) Rules 24.101.409 through 24.101.412 reserved
NEXT PAGE IS 24-7055 ADMINISTRATIVE RULES OF MONTANA 6/30/06
24-7049
BUSINESS STANDARDS DIVISION
24.101.413
24.101.413 RENEWAL DATES AND REQUIREMENTS (1) Specific procedures and grace periods for renewal are set by department or board rule, or statute applicable to a particular profession, or 37-1-141, MCA. Such procedures shall take account of, and be based upon, the renewal dates in this rule. An existing license ends on the renewal date specified for each profession and occupation listed and must be renewed on or before this date. (2) If a timely and sufficient application is submitted on or prior to such date, the applicant's continued practice is governed under 2-4-631, MCA. In order for an application to be timely and sufficient it must be: (a) completed with truthful information; (b) accompanied by other required information or documentation as applicable; (c) accompanied by the appropriate fee; and (d) submitted so that it bears a U.S. Postal Service post mark prior to or on the renewal date for the applicable profession; or (e) submitted by using the online renewal service available on the department's website. Although the department strives to keep its website accessible at all times, licensees should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems, and that a person's technical difficulties in accessing the online renewal service do not excuse late renewals; (i) online renewal transactions must be fully completed prior to midnight Mountain time on the renewal date. (3) If the requirements of this rule are not met, a late penalty fee as specified in ARM 24.101.403 will be required in order to renew. (4) The provisions of ARM 24.101.408 and 24.101.414 are applicable to all license renewals. (5) The following are renewal dates for the professions and occupations listed:
NEXT PAGE IS 24-7057 ADMINISTRATIVE RULES OF MONTANA 6/30/06
24-7055
(b)
Architects
LICENSE CATEGORY Naturopathic Physician Naturopathic Physician Childbirth Direct-entry Midwife Direct-entry Midwife Apprentice Architects
FREQUENCY Annually Annually
RENEWAL DATE April 30 April 30
Annually Annually
April 30 April 30
Annually
June 30
6/30/10
BUSINESS STANDARDS DIVISION
ADMINISTRATIVE RULES OF MONTANA
(a)
BOARD OR PROGRAM JURISDICTION Alternative Health Care
24.101.413
24-7057
LICENSE CATEGORY Boxer, Club Boxer, Professional
Cornerperson/Second Judge Kickboxer Knockdown Judge
ADMINISTRATIVE RULES OF MONTANA
Manager/Trainer Minimum Kicking Requirements Official Promoter/Matchmaker Referee Wrestler, Professional Wrestler, Semi-Professional (d)
Athletic Trainers
Athletic Trainers
Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Nonrenewable, must reapply. License expires June 30. Annually
RENEWAL DATE
DEPARTMENT OF LABOR AND INDUSTRY
6/30/11
Boxer, Semi-Professional
FREQUENCY
24.101.413
24-7058
(c)
BOARD OR PROGRAM JURISDICTION Athletics
August 31
(f)
6/30/06
(g)
Boiler Operating Engineers
Chiropractors
LICENSE CATEGORY Barber Barber Shop Barber School or College Barbering Instructor Booth Rental Cosmetologist Electrologist Esthetician Instructor Manicurist Salon School or Course Agriculture Class Boiler Engineer First Class Boiler Engineer Low Pressure Boiler Engineer Second Class Boiler Engineer Third Class Boiler Engineer Traction Boiler Engineer Chiropractors
FREQUENCY Biennially Annually Annually Biennially Annually Biennially Biennially Biennially Biennially Biennially Annually Annually Annually
RENEWAL DATE December 31 July 1 December 31 December 31 July 1 December 31 December 31 December 31 December 31 December 31 July 1 December 31 April 1
Annually Annually
April 1 April 1
Annually
April 1
Annually Annually Annually
April 1 April 1 September 1
BUSINESS STANDARDS DIVISION
ADMINISTRATIVE RULES OF MONTANA
(e)
BOARD OR PROGRAM JURISDICTION Barbers and Cosmetologists
24.101.413
24-7059
(k) ADMINISTRATIVE RULES OF MONTANA
(l)
Construction Blasters Crane and Hoisting Operating Engineers
Dentistry
Elevator Program
(m) Fire Prevention and Investigation and Fireworks Wholesalers Program
FREQUENCY
Clinical Laboratory Scientist Clinical Laboratory Specialist Clinical Laboratory Technician Construction Blasters First Class Crane Operators
Annually Annually
RENEWAL DATE May 1 May 1
Annually
May 1
Annually Annually
Second Class Crane Operators Third Class Crane Oiler
Annually
Dental Hygienist Dentist Denturist General Anesthesia Administration Permit Volunteer Licensees Contractor Inspector Mechanic Company Hiring Entity (Sell, Install and Service) Individual Endorsement (Sell, Install and Service) Fireworks Wholesaler
Annually Annually Annually Annually
January 1 Anniversary Date of License Anniversary Date of License Anniversary Date of License March 1 March 1 March 1 March 1
Annually Biennially Biennially Biennially Annually
March 1 April 1 April 1 April 1 May 31
Annually
May 31
Annually
Nonrenewable
DEPARTMENT OF LABOR AND INDUSTRY
6/30/06
(i) (j)
LICENSE CATEGORY
24.101.413
24-7060
(h)
BOARD OR PROGRAM JURISDICTION Clinical Laboratory Science Practitioners
(o) Hearing Aid Dispenser (p) Landscape Architects (q) Licensed Addiction Counselors (r) Massage Therapy (s)
Medical Examiners
LICENSE CATEGORY
6/30/10
Crematory Crematory Operator Crematory Technician Mortician Mortuary Mortuary Branch Facility Hearing Aid Dispenser Landscape Architects Licensed Addiction Counselor Licensed Massage Therapist Acupuncturist Emergency Medical Technician Nutritionist Physician Physician Assistant Podiatrist Telemedicine Practitioners
FREQUENCY Annually Annually Annually Annually Annually Annually Annually Annually Annually
RENEWAL DATE July 1 July 1 July 1 July 1 July 1 July 1 June 30 June 30 June 30
Annually
August 31
Biennially Biennially
October 31 March 31
Biennially Biennially Biennially Biennially Biennially
October 31 March 31 October 31 October 31 March 31
BUSINESS STANDARDS DIVISION
ADMINISTRATIVE RULES OF MONTANA
BOARD OR PROGRAM JURISDICTION (n) Funeral Service
24.101.413
24-7061
ADMINISTRATIVE RULES OF MONTANA
(v)
Nursing Home Administrators Occupational Therapy Practice
(w) Optometry (x) Outfitters
FREQUENCY
Clinical Nurse Specialist
Biennially, Even Numbered Years Nurse Anesthetist Biennially, Even Numbered Years Nurse Midwife Biennially, Even Numbered Years Nurse Practitioner Biennially, Even Numbered Years APRN Prescriptive Authority Biennially, Even Numbered Years Practical Nurse - Licensed Biennially, Even Numbered Years Professional Nurse Biennially, Even Numbered Registered Years Medication Aide Annually Nursing Home Administrator Annually Occupational Therapist Occupational Therapist Assistant Optometrist Outfitter Professional Guide Guide (including provisional guide)
RENEWAL DATE December 31 December 31 December 31 December 31 December 31 December 31 December 31 March 31 December 31
Annually Annually
June 15 June 15
Annually Annually Annually Annually
July 2 December 31 December 31 December 31
DEPARTMENT OF LABOR AND INDUSTRY
12/31/10 (u)
LICENSE CATEGORY
24.101.413
24-7062
(t)
BOARD OR PROGRAM JURISDICTION Nursing
(z)
Physical Therapy Examiners
(aa)
Plumbers
LICENSE CATEGORY
6/30/10
Dangerous Drug License Mail Order Pharmacy Pharmacist Pharmacy Pharmacy Technician Pharmacy Technician in Training Pharmacy Technician Utilization Plan Telepharmacies Wholesale Drug Distributor Physical Therapist Physical Therapist Assistant Journeyman Plumber Master Plumber Medical Gas Endorsement
FREQUENCY Annually Annually Annually Annually Annually Nonrenewable
RENEWAL DATE November 30 November 30 June 30 November 30 June 30
Annually
November 30
Annually Annually Annually Annually
November 30 November 30 April 1 April 1
Annually Annually Annually
September 1 September 1 September 1
BUSINESS STANDARDS DIVISION
ADMINISTRATIVE RULES OF MONTANA
(y)
BOARD OR PROGRAM JURISDICTION Pharmacy
24.101.413
24-7063
LICENSE CATEGORY
FREQUENCY
ADMINISTRATIVE RULES OF MONTANA
Annually
Contract Security Company Electronic Security Company Proprietary Security Organization Branch Office Private Investigator Private Investigator Trainee Resident Manager Qualifying Agent Security Guard Alarm Installer Alarm Response Runner Firearms Instructor Armed Status
Annually Annually
March 1 March 1
Annually
March 1
Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually
March 1 March 1 March 1 March 1 March 1 March 1 March 1 March 1 March 1
DEPARTMENT OF LABOR AND INDUSTRY
3/31/10
Program
RENEWAL DATE June 30
24.101.413
24-7064
BOARD OR PROGRAM JURISDICTION (ab) Private Alternative Adolescent Residential or Outdoor Programs (ac) Private Security Patrol Officers and Investigators
LICENSE CATEGORY Certificate of Authorization Emeritus Status Engineer Intern Land Surveyor Intern Professional Engineer Professional Engineer by Comity Professional Land Surveyor
(ae) Psychologists (af) Public Accountants (ag) Radiologic Technologists
Professional Land Surveyor by Comity Psychologist Certified Public Accountant Licensed Public Accountant Limited Permit X-Ray Procedures Radiologic Technologists
FREQUENCY Annually Indefinite None, Indefinite Biennially, Even Numbered Years Biennially, Even Numbered Years Biennially, Even Numbered Years Biennially, Even Numbered Years Annually Annually Annually Annually Annually
RENEWAL DATE October 1
June 30 June 30 June 30 June 30 December 31 December 31 December 31 February 1 February 1
3/31/10
BUSINESS STANDARDS DIVISION
ADMINISTRATIVE RULES OF MONTANA
BOARD OR PROGRAM JURISDICTION (ad) Professional Engineers and Professional Land Surveyors
24.101.413 24.101.413
24-7065
24-7066
BOARD OR PROGRAM JURISDICTION (ah) Real Estate Appraisers
3/31/10 ADMINISTRATIVE RULES OF MONTANA
(ai)
Realty Regulation
(aj)
Respiratory Care Practitioners Sanitarians Social Workers and Professional Counselors
(ak) (al)
LICENSE CATEGORY General Appraiser, Certified General Appraiser, Certified (Out-of-State) Licensed Appraiser Mentor Residential Appraiser, Certified Residential Appraiser, Certified (Out-of-State) Trainee Property Manager Real Estate Broker Real Estate Salesperson Timeshare Salesperson Respiratory Care Practitioners Sanitarians Professional Counselor Clinical Social Worker - Clinical
FREQUENCY Annually Annually
RENEWAL DATE March 31 March 31
Annually
March 31
Annually
March 31
Annually
March 31
Annually Annually Annually Annually Annually Annually
March 31 October 31 October 31 October 31 October 31 May 1
Annually Annually
June 30 December 31
Annually
December 31
LICENSE CATEGORY Audiologist Audiologist Aide*
Speech-Language Pathologist Speech-Language Pathologist Aide*
(an)
State Electrical Board
Active Temporary Speech Pathologist or Audiologist Electrical Contractor Journeyman Electrician Master Electrician
3/31/10
Residential Electrician
FREQUENCY Annually Annually* Aides are not license type and do not renew, but must be registered by supervising licensee. Annually Annually* Aides are not license type and do not renew, but must be registered by supervising licensee. Nonrenewable Two-year license Nonrenewable, must reapply. License expires July 15. Biennially, Even Numbered Years Biennially, Even Numbered Years Biennially, Even Numbered Years
RENEWAL DATE February 1 October 31
February 1 October 31
July 15 July 15 July 15
BUSINESS STANDARDS DIVISION
ADMINISTRATIVE RULES OF MONTANA
BOARD OR PROGRAM JURISDICTION (am) Speech-Language Pathologists and Audiologists
24.101.413
24-7067
LICENSE CATEGORY Euthanasia Agency Embryo Transfer Technician Euthanasia Technician Veterinarian
FREQUENCY Annually Annually Annually Annually
RENEWAL DATE May 30 November 1 May 30 November 1
24.101.413
24-7068
BOARD OR PROGRAM JURISDICTION (ao) Veterinary Medicine
ADMINISTRATIVE RULES OF MONTANA
DEPARTMENT OF LABOR AND INDUSTRY
3/31/10
BUSINESS STANDARDS DIVISION
24.101.414
(6) The following are nonrenewable licenses: (a) temporary licenses issued by a licensing entity unless that licensing entity's rules provide otherwise; (b) fireworks wholesalers; (c) real estate appraiser mentors; (d) pharmacy technicians in training; (e) active temporary speech pathologists and audiologists; (f) land surveyor intern, engineer intern, emeritus status license issued by the Board of Professional Engineers and Professional Land Surveyors; (g) all licenses issued by the Board of Athletics end on June 30 of each year and the licensee must reapply; and (h) electrical contractor licenses issued by the State Electrical Board end on July 15 biennially and the licensee must reapply. (7) The specific date by which each individual licensee is required to renew by can be obtained by contacting the licensing entity's office or by using the licensee lookup system available on the department's web site. (History: 37-1-101, 37-1141, MCA; IMP, 37-1-101, 37-1-141, MCA; NEW, 1995 MAR p. 2140, Eff. 10/13/95; AMD, 1996 MAR p. 1373, Eff. 5/24/96; AMD, 1999 MAR p. 274, Eff. 2/12/99; AMD, 1999 MAR p. 2435, Eff. 10/22/99; AMD, 2006 MAR p. 1277, Eff. 5/19/06; TRANS, from Commerce & AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 505, Eff. 4/27/07; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2007 MAR p. 1447, Eff. 9/21/07; AMD, 2008 MAR p. 949, Eff. 5/9/08; AMD, 2008 MAR p. 1031, Eff. 5/23/08; AMD, 2008 MAR p. 1705, Eff. 8/15/08; AMD, 2010 MAR p. 532, Eff. 2/26/10; AMD, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2010 MAR p. 1078, Eff. 4/30/10; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2010 MAR p. 2384, Eff. 10/15/10; AMD, 2011 MAR p. 576, Eff. 4/15/11.) 24.101.414 RENEWAL NOTIFICATION (1) The department shall send renewal notices to all licensees. Renewal notices shall be sent to the last known address in the division's records. It is the responsibility of the licensee to keep the division timely informed of the licensee's current mailing address. Failure to receive notice for renewal in no way releases the licensee from the obligation to renew in a timely manner, and shall not constitute a defense to practicing without a license. (History: 37-1-101, 37-1-141, MCA; IMP, 37-1-101, 37-1-130, 37-1-141, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06.)
ADMINISTRATIVE RULES OF MONTANA
6/30/11
24-7069
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES CHAPTER 8 RECORDS AND STATISTICS Subchapter 1 General Rule
37.8.101
Registrars, General
37.8.102
Definitions
37.8.103
Local Registrar Duties
37.8.104
Authorized Format for Submission of a Vital Record
37.8.105
Preservation of Old Records
37.8.106
Amendment of Vital Records (REPEALED)
37.8.107
Amendment of Vital Record
37.8.108
Amendment Process and Document Requirements
37.8.109
Registrar's Statement of Certificates Filed
37.8.110
Payment of Fees to Local Registrars Rules 37.8.111 through 37.8.115 reserved
37.8.116
Fees for Certification, File Searches, and Other Vital Records Services Rules 37.8.117 through 37.8.125 reserved
37.8.126
Access to Records
37.8.127
Application for Copy of Vital Record
37.8.128
Contents of Certified and Noncertified Copies
37.8.129
Format and Paper Requirements for Certified Copies Subchapter 2 reserved
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1345
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
Subchapter 3
Birth
Rule
37.8.301
Certificate of Birth
37.8.302
Parental Review of Birth Certificate Information
37.8.303
Delayed Birth Certificate Rules 37.8.304 through 37.8.306 reserved
37.8.307
Certificate of Birth Resulting in a Stillbirth Rule 37.8.308 reserved
37.8.309
Children Born out of Wedlock, Certificate for
37.8.310
Adoption
37.8.311
Adoptions, Name Changes, and Sex Changes Subchapters 4 and 5 reserved Subchapter 6 Marriage
Rule
37.8.601
Marriage Applications and Licenses
37.8.602
Report of Dissolution or Invalidity of Marriage Subchapter 7 reserved Subchapter 8 Death
Rule
37-1346
37.8.801
Death Certificate
37.8.802
Fetal Death Certificate
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
Rule
37.8.803
Notification of Health Officers By Registrar, When
37.8.804
Court Ordered Filing of Birth or Death Certificate Rules 37.8.805 through 37.8.807 reserved
37.8.808
Dead Body Removal Authorization
37.8.809
Notification of Failure to File Rules 37.8.810 through 37.8.815 reserved
37.8.816
Disinterment Permits Subchapters 9 through 15 reserved Subchapter 16 Institutions
Rule
37.8.1601
Information Recorded Subchapter 17 reserved Subchapter 18 Tumor Registry
Rule
37.8.1801
Reportable Tumors
37.8.1802
Required Records, Initial Admission, and Treatment
37.8.1803
Required Records, Follow-Up Rules 37.8.1804 through 37.8.1807 reserved
37.8.1808
Required Records, Independent Clinical Laboratories
NEXT PAGE IS 37-1361
ADMINISTRATIVE RULES OF MONTANA 12/31/07
37-1347
RECORDS AND STATISTICS
37.8.101
Subchapter 1 General 37.8.101 REGISTRARS, GENERAL (1) The department shall provide to each county clerk and recorder the name, address, and telephone number of the local registrars in that county. (2) Each local registrar shall submit to the department and the county clerk and recorder the name, address, and telephone number of at least one proposed deputy registrar, who may function as a deputy after receiving written authorization from the department to do so. The deputy registrar may function as registrar when the registrar is unavailable. (3) Each registrar must report to the department and the county clerk and recorder any change in the name, address, or telephone number for the registrar or the deputy registrar. (4) Before resigning or retiring as registrar, a registrar must send the department notification of the fact and a recommendation for a replacement. A resignation or retirement will be effective the last day of the month the notification is received by the department. The appointment of a replacement registrar will be effective the first day of the month after the replacement receives the appointment letter. (5) On the fifth day of every month, each local registrar must mail to the department all original certificates, (birth, death, and fetal death) filed with the registrar during the previous month. (History: 50-15-102, 50-15-103, MCA; IMP, 5015-103, 50-15-104, 50-15-105, 50-15-109, MCA; NEW, 1981 MAR p. 1187, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1361
37.8.102
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.102 DEFINITIONS In addition to the definitions contained in 50-15-101, MCA, the following definitions apply to this chapter: (1) "Amendment" means alteration or addition of any item on the face of a vital record after it is on file with the department, in a county clerk and recorder's office, or with a clerk of district court. (2) "Ashes" which are the result of a cremation of a human body are considered the same as a dead body as defined in 50-15-101(3), MCA. (3) "Authorized certifier" means, in relation to a certified copy of a vital record, either a county clerk and recorder or a person designated by the department to issue certified copies on its behalf. (4) "Certified copy" means a document copied or electronically extracted from a vital record filed with the department or from a duplicate copy of that record filed with a county clerk and recorder and that is printed on the department's security paper and contains an attestation by an official designated by the department that the document is a true and correct copy of the information contained in the original vital record. (5) "Certifying official" means an individual authorized to issue a certified copy of a vital record by the department or a county clerk and recorder. (6) "Department" means the Department of Public Health and Human Services, Office of Vital Statistics. (7) "Filing date" means the date a vital record is accepted for registration by the department. (8) "Literal format" means, in regard to a date, the name of the month spelled out, the numerical day of the month, and the numerical four-digit year, e.g., January 1, 1998. (9) "Next of kin" means the spouse, parents, adult children, and adult brothers and sisters of a registrant and any other person declared next of kin by a court of competent jurisdiction. (10) "Registrant" means an individual for whom a vital record is completed and filed, including, for example, the decedent on a death certificate, the person for whom a birth certificate is filed, the husband and wife on a divorce record, and the bride and groom on a marriage record. (11) "Summary of evidence" means a number assigned to an affidavit, administrative order, or court order which is used to track the evidence provided to amend, correct, or reissue a vital record. (12) "Supporting documentation" means any document required as evidence for the filing of a delayed vital record or for verification of changes to original data or adding missing data on a filed vital record. (History: 50-15-102, 50-15-103, MCA; IMP, 50-15-101, 50-15-103, MCA; NEW, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.)
37-1362
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.103
37.8.103 LOCAL REGISTRAR DUTIES (1) A local registrar accepting a paper vital record for filing shall add the filing date and sign a death, birth, fetal death, or stillborn certificate. The registrar shall forward the original document to the department and one duplicate to the county clerk and recorder as required by 50-15109, MCA. (2) The local registrar shall retain one duplicate, which must be easily accessible for reference. The local registrar may not further copy or provide any copies of the retained duplicate. (3) A registrar must retain for two years each copy of a paper certificate recorded in accordance with 50-15-109, MCA. After two years, the local registrar shall destroy the triplicate copy of the certificates. The destruction of any certificate must be reported in writing to the department. (4) Submission to and acceptance of an electronic image of a birth, death, or fetal death certificate by the department through the department's approved electronic registration system constitutes an official filing of a record. All certified paper copies generated from electronically filed records must be accepted as though they contain all required signatures. (5) A paper filing occurs when the local registrar accepts the certificate. An electronic filing occurs when the record passes all validation checks and is assigned a state file number. If both a paper certificate and an electronic filing exist, the electronic filing is considered the original certificate and it must be filed first. (6) When leaving the position of local registrar, the outgoing registrar must deliver all records, manuals, and materials to the succeeding registrar or to another person designated by the department. (History: 50-15-102, 50-15-103, MCA; IMP, 50-15-102, 50-15-103, 50-15-109, 50-15-124, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1363
37.8.104
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.104 AUTHORIZED FORMAT FOR SUBMISSION OF A VITAL RECORD (1) All marriage license applications and birth, death, fetal death, and marriage certificates must be submitted on forms provided or authorized by the department. (2) Each vital record application and certificate must be typed or plainly written in unfading black ink that is legible on all copies or must be completed using computer printers that produce dense and legible characters in black. The characters entered onto these forms must be adequate for high quality reproduction by microfilming or photocopying and may not contain any alterations or obliteration of the original data. (3) If the preparation of a certificate or application is so poor as to make the reading of the form difficult or if the entries are not dark enough to reproduce satisfactorily, the registrar shall notify the person who submitted the certificate or application that it is unacceptable. The person who filed the certificate or application must prepare and file a new certificate or application within ten days after receipt of the notification. (History: 50-15-102, 50-15-103, MCA; IMP, 40-1-107, 50-15-102, 50-15-103, 50-15-121, 50-15-124, MCA; Eff. 12/31/72; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.) 37.8.105 PRESERVATION OF OLD RECORDS (1) Employees of the department, for purposes of making old or faded records suitable for microfilming or photocopying may: (a) trace those parts of the record that are too dim to be microfilmed; (b) retype the record on a separate form and microfilm the retyped copy; or (c) copy the original vital record and trace those parts of the record that are too dim to be microfilmed. (2) If (1)(b) or (c) are employed, the original record must be retained for reference purposes. (3) In no case may the department or any of its employees change the substance or contents of any vital record. (4) If the original vital record is illegible and the substance or content cannot definitely be determined, illegible portions must not be retraced, and, if retyped, the copy shall indicate those portions of the original that were illegible. (History: 50-15102, 50-15-103, MCA; IMP, 50-15-102, 50-15-103, MCA; NEW, 1981 MAR p. 1187, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03.)
37-1364
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.106
37.8.106 AMENDMENT OF VITAL RECORDS (REPEALED) (History: 5015-102, 50-15-103, 50-15-204, 50-15-223, MCA; IMP, 50-15-102, 50-15-103, 50-15204, 50-15-223, MCA; NEW, 1981 MAR p. 1187, Eff. 10/16/81; TRANS, from DHES,
1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441,
Eff. 10/31/03; REP, 2008 MAR p. 169, Eff. 1/1/08.)
NEXT PAGE IS 37-1367
ADMINISTRATIVE RULES OF MONTANA 12/31/07
37-1365
RECORDS AND STATISTICS
37.8.107
37.8.107 AMENDMENT OF VITAL RECORD (1) Any requested or court ordered amendment to a filed birth or death record must be submitted in writing to the department. On receipt of a request or court order, the department may immediately notify the appropriate county clerk and recorder to suspend the issuance of the affected record until the department issues a letter of correction. (2) Application for the amendment of marriage applications, licenses, certificates or marital termination reports (which are not part of the decree) may be made by either party directly to the clerk of district court that issued the marriage license or has on file the marital termination orders. The court shall make the changes and forward a copy of the corrected document to the department. (3) Except in those cases specified in (4) and (5), a vital record may only be amended by an order from a court with appropriate jurisdiction, the original data provider, or those persons authorized by 50-15-121(1), MCA. (4) The demographic information of a death record may be amended by the next of kin, the informant listed on the death certificate, the funeral director, or the person in charge of the final disposition of the body. If any information provided by the informant is disputed after the record has been filed, changes to the demographic data must be made pursuant to an order from a court with appropriate jurisdiction. (5) Applications to amend the medical certification of cause of death shall only be made by the physician who provided the medical certification, or a coroner or state medical examiner if the coroner or medical examiner assumed responsibility for the case. If the cause of death certification is disputed, changes to the cause of death certification must be made pursuant to an order from a court with appropriate jurisdiction. (6) The department's supervisory staff may amend a vital record when the nature of the amendment is needed to protect the integrity, accuracy, and validity of the record. (7) A court order that changes a vital record shall indicate if an amended or substitute record is to be created. If the court order does not indicate a preference, the record will be amended. (8) Any subsequent change to information previously altered through this process requires an order from a court with appropriate jurisdiction. (History: 50-15102, 50-15-103, 50-15-204, 50-15-223, MCA; IMP, 50-15-102, 50-15-103, 50-15204, 50-15-223, 50-15-403, MCA; NEW, 2008 MAR p. 169, Eff. 1/1/08.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1367
37.8.108
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
37.8.108 AMENDMENT PROCESS AND DOCUMENT REQUIREMENTS (1) Except as noted in ARM 37.8.311, a filed original vital record must be amended by placing a line through the information to be deleted and typing the new information above the line. Electronic records must be amended by overlaying the new information on all electronic images of the record used for certified copies. If the change to the record is to add missing or blank information, the added information must be entered in the appropriate location. (2) Any certified copy of a vital record issued in the state that was amended or corrected within the first year after filing will not be marked "ALTERED"; however, the summary evidence number and the date of the correction will be indicated. Any vital record amended one year or more after the event will be marked "ALTERED" and will contain the summary evidence number and the date the alterations occurred. (3) The documentation that justifies the alteration of a vital record must be made available upon request to any person receiving a certified copy. (4) In cases other than those cited in ARM 37.8.311, the department may amend any portion of a vital record if a requestor submits a correction affidavit. (a) The correction affidavit must include the following information: (i) the name of the registrant or registrants appearing on the record; (ii) the date and place of birth, birth resulting in a stillbirth, death, or fetal death; (iii) the specific items on the record that are to be changed, including the information as presently shown and the proposed corrected information; (iv) the relationship of the affiant to the registrant; (v) certification by the affiant that all affected parties concur with the changes; and (vi) supporting documentation provided by the affiant as irrefutable proof that the amendment(s) are correct. (b) If not all parties agree to the changes, an order from a court with appropriate jurisdiction is required. (5) The department will determine the number and suitability of the supporting documentation required as irrefutable proof to sustain the accuracy of the amendment(s). (6) Supporting documents must not be altered and must meet the following criteria: (a) For any person under the age of five, the document(s) must be dated at least one year before the date of the application or within the first year of birth. (b) For any person five years of age or older, the documents must be dated at least five years before the date of application or within three years after the date of birth. (c) No two documents submitted as evidence may be from the same source. (7) Upon request, the department will provide a list of suggested supporting documents. (History: 50-15-102, 50-15-103, 50-15-204, 50-15-208, 50-15-223, MCA; IMP, 50-15-102, 50-15-103, 50-15-204, 50-15-208, 50-15-223, MCA; NEW, 2008 MAR p. 169, Eff. 1/1/08.)
37-1368
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.110
37.8.109 REGISTRAR'S STATEMENT OF CERTIFICATES FILED (1) To facilitate and to ensure proper accounting, local registrars shall submit to the department, on a monthly, weekly, or biweekly basis, statements of the certificates that have been filed in the registrar's county. If submitted on a monthly basis, the local registrars shall submit the statements on or before the fifth day of each month. The statements must be recorded on forms supplied by the department, and must indicate the number of birth, death, and fetal death certificates filed in the registrar's county. If no certificates were filed, the statement must so indicate. (History: 50-15102, 50-15-103, MCA; IMP, 50-15-102, 50-15-107, 50-15-109, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.) 37.8.110 PAYMENT OF FEES TO LOCAL REGISTRARS (1) The department shall certify to the treasurer of each county the number of births, deaths, and fetal deaths registered in such county, with the names of the local registrars, and the amounts due them. Such certifications must be made annually unless in the opinion of the department it is desirable to make them more often. (2) Registrars are entitled to a payment of $1 per certificate or monthly report filed. (History: 50-15-102, 50-15-103, 50-15-107, MCA; IMP, 50-15-102, 50-15107, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02.) Rules 37.8.111 through 37.8.115 reserved
NEXT PAGE IS 37-1373
ADMINISTRATIVE RULES OF MONTANA 12/31/07 RECORDS AND STATISTICS
37-1369 37.8.116
37.8.116 FEES FOR CERTIFICATION, FILE SEARCHES, AND OTHER VITAL RECORDS SERVICES (1) The fee for a certified copy (photocopy or computer-produced) of a birth certificate, a death certificate, a fetal death certificate, an acknowledgment of paternity, or a delayed birth registration is $12 for the first copy of a specific request and $5 for each additional copy of the same record requested at the same time as the first copy. (2) The department shall charge a fee of $10 per name for a record search within any period of five years or less. If the record is not located, the fee will not be refunded. If the request is for more than five years, an additional fee of $1 per year over the first five years will be charged. (3) The fee for providing record information for statistical or administrative purposes as allowed by law is $5 for each five-year period per name. (4) The fee to process a finalized adoption or a rescission of an adoption is $25. A certified copy of the new certificate will be provided. (5) The fee to open a court ordered sealed file is $25. (6) The fee for filing a delayed registration of a vital record is $25. A certified copy of the delayed certificate will be provided to the person filing the delayed registration. (7) The fee for amending or correcting a vital record after one year from the date of filing is $15. A certified copy of the amended record will be provided to the person requesting the amendment or correction. (8) The fee for a search of the putative father registry is $10 per name. (9) The fee to provide electronic copies of index files is $25 per monthly update and $25 for an annual update. (10) The fee for producing aggregate statistics is $25 per hour for programming and processing if that processing takes more than half an hour's work on existing programs. (11) The fee for a disinterment permit is $5. The local registrar shall collect the fee, $2 of which must be remitted to the department. (12) Overpayment of a required fee received in the office of vital statistics will be refunded if in excess of $5, and any overpayment of less than $5 will be refunded, if the applicant requests it in writing within one year after the payment to the department. (History: 50-15-102, 50-15-103, 50-15-111, MCA; IMP, 42-2-218, 50-15-111, MCA; Eff. 12/31/72; AMD, 1981 MAR p. 1188, Eff. 10/16/81; AMD, 1983 MAR p. 731, Eff. 7/1/83; AMD, 1992 MAR p. 143, Eff. 1/31/92; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 4/1/02.) Rules 37.8.117 through 37.8.125 reserved
NEXT PAGE IS 37-1379
ADMINISTRATIVE RULES OF MONTANA 12/31/07 RECORDS AND STATISTICS
37-1373 37.8.126
37.8.126 ACCESS TO RECORDS (1) Anyone who submits a completed state-approved application shall provide proof of identification before obtaining a certified or noncertified copy of a vital record. (2) If a death certificate lists the cause of death as "pending autopsy" or "pending investigation", a certified or noncertified copy will be issued which has the cause of death information removed. (3) The following people may obtain a certified copy of a birth record: (a) a registrant, upon establishing the registrant's identity to the satisfaction of the certifying official; (b) a spouse, child, or parent of a registrant to whom the requested record pertains, upon establishing identification and relationship to the registrant to the satisfaction of the certifying official; (c) a grandparent whose child is listed as a parent on the grandchild's birth certificate upon establishing identification and relationship to the satisfaction of the certifying official; (d) a caretaker relative providing a medical authorization affidavit issued under 40-6-501 and 40-6-502, MCA, or an educational authorization affidavit issued under 20-50-503, MCA; (e) an individual having legal guardianship of the registrant, upon submitting a copy of a legal document showing proof of the guardianship; (f) an individual who needs a certified copy to protect his or her personal or property rights, upon submitting a notarized or certified document that states that the applicant is required to obtain a certified copy in order to protect the applicant's personal or property rights; or (g) an authorized representative of the registrant, or an authorized representative of the spouse, child, parent, or legal guardian of a registrant, upon establishing their identity to the satisfaction of the certifying official. (4) The following people may not receive a copy, certified or uncertified, of a registrant's birth records: (a) a former spouse whose marriage to the registrant was terminated through divorce, annulment, or invalidation unless the former spouse can demonstrate a need to protect individual or property rights; or (b) a natural parent of an adopted child when the parent does not have parental rights to that child. (5) Birth certificates may be released to the public no earlier than 30 years after the date of birth. Only noncertified copies will be released.
ADMINISTRATIVE RULES OF MONTANA 9/30/09 37.8.126 DEPARTMENT OF PUBLIC HEALTH
37-1379
AND HUMAN SERVICES (6) A certified copy of certificate of birth that resulted in a stillbirth may only be issued to the following: (a) either parent if listed on the certificate; or (b) those persons listed in 50-15-121(1), MCA, upon receipt of an order from a court with appropriate jurisdiction. (7) Informational noncertified copies of a certificate of a birth that resulted in a stillbirth may be released to the public no earlier than 30 years after the date of delivery. (8) A clerk of the district court may issue a certified copy of a marriage or marital termination record to anyone listed in (3) after receiving a completed application for the record and establishing the identity of the requestor and the requestor's relationship to the registrants. (9) A certifying official may not file, issue or certify a copy of a vital record from another state or country. (10) Unless authorized by the department, a county certifying official may not provide a copy, certified or otherwise, of a birth certificate in the official's custody to another county's certifying official for filing. (History: 50-15-103, 50-15-121, 50-15122, MCA; IMP, 20-50-503, 40-6-501, 40-6-502, 50-15-103, 50-15-121, 50-15-122, MCA; NEW, 1983 MAR p. 1351, Eff. 9/30/83; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2000 MAR p. 1653, Eff. 6/30/00; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2008 MAR p. 169, Eff. 1/1/08; AMD, 2009 MAR p. 1671, Eff. 9/25/09.)
37-1380
9/30/09 ADMINISTRATIVE RULES OF MONTANA RECORDS AND STATISTICS 37.8.127
37.8.127 APPLICATION FOR COPY OF VITAL RECORD (1) Each application for a certified copy of a vital record should be on a department-approved application form. Written applications not using the department-approved application form must contain the applicant's name, signature, address, and the purpose for which the certified copy is needed. All applications must include either a copy of the requestor's valid identification, or the requestor's signature on the application must be notarized. (2) For a certified or noncertified copy of a birth record, in addition to the requirements of (1), the request must include: (a) the registrant's full name and date of birth; (b) the place (town or rural location, and county) of birth; (c) the mother's full maiden name (first, middle, and last); (d) the father's full name, if available; and (e) the applicant's relationship to the registrant. (3) For a certified or noncertified copy of a death record, in addition to the requirements of (1), the application must include: (a) the registrant's full name; (b) the date of death; and (c) the county of death. (4) Upon request, the department will provide a list of acceptable forms of identification needed from the requestor. (History: 50-15-102, 50-15-103, 50-15121, 50-15-122, MCA; IMP, 50-15-103, 50-15-121, 50-15-122, MCA; NEW, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2008 MAR p. 169, Eff. 1/1/08.)
ADMINISTRATIVE RULES OF MONTANA 12/31/07 37.8.128 DEPARTMENT OF PUBLIC HEALTH
37-1381
AND HUMAN SERVICES 37.8.128 CONTENTS OF CERTIFIED AND NONCERTIFIED COPIES (1) Each certified copy of a vital record issued in Montana must include: (a) the date the copy is issued; (b) the name of the authorized certifier; (c) the signature of the authorized certifier or a facsimile approved by the certifier; and (d) the seal (raised or embossed) of the issuing agency or office. (2) Each certified birth record must include, in addition to the items in (1): (a) the given name of the registrant; (b) the surname of the registrant along with any generational identifiers present on the original filed document such as Jr., Sr., etc.; (c) the date of birth, in literal format (e.g., January 1, 1990); (d) county of birth; (e) sex; (f) the date the original record was filed, in literal format; and (g) the names of the registrant's parents. If the mother's or father's name is not included on the filed document, the phrase "NOT RECORDED" must be displayed on the certified copy where the mother's or father's name would normally appear; and (h) if the registrant of a birth record is deceased, each copy must clearly indicate "DECEASED" on the face of the copy. (3) Each certified death record must include, in addition to the items in (1): (a) the given name of the registrant; (b) the surname of the registrant along with any generational identifier present on the original filed document such as Jr., Sr., etc.; (c) the date of death in literal format; (d) the date of birth in literal format; (e) the county of death; (f) the sex; and (g) the date the record was filed, in literal format. (4) Each certified copy of a birth that resulted in a stillbirth record must include, in addition to the items in (1): (a) the full given name of the registrant if provided on the record; (b) the surname of the registrant along with any generational identifier present on the original filed document such as Jr., Sr., etc.; (c) the date of delivery in literal format; (d) the county of delivery; (e) the sex; and (f) the date the record was filed, in literal format.
37-1382
12/31/07 ADMINISTRATIVE RULES OF MONTANA RECORDS AND STATISTICS 37.8.128
(5) Noncertified copies of a certificate must: (a) be printed on white nonsecurity paper; (b) at the top of the certificate, be stamped "FOR INFORMATIONAL PURPOSES ONLY"; (c) not contain a raised seal or any statement that will certify the copy as true; and (d) not be signed. (History: 50-15-102, 50-15-103, 50-15-121, 50-15-124, MCA; IMP, 50-15-103, 50-15-121, 50-15-122, 50-15-124, MCA; NEW, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2008 MAR p. 169, Eff. 1/1/08.)
ADMINISTRATIVE RULES OF MONTANA 12/31/07 37.8.129 DEPARTMENT OF PUBLIC HEALTH
37-1383
AND HUMAN SERVICES 37.8.129 FORMAT AND PAPER REQUIREMENTS FOR CERTIFIED COPIES (1) With the exception noted in (2), all certified copies of birth, death, and fetal death records must be issued on paper that contains the following security features: (a) sensitized security paper; (b) background security design; (c) copy-void pantograph; (d) consecutive numbering; (e) prismatic printing; (f) complex colors; (g) watermark; (h) intaglio border; and (i) embossed hologram. (2) Any alternate method of issuing a certified copy must be approved by the department, in writing, before its official use. (3) Each certified copy of a vital record issued in Montana must contain the heading "STATE OF MONTANA" centered at the top of the copy, and, if issued by a county clerk and recorder, a centered heading naming the county of issuance immediately below the "STATE OF MONTANA" heading. (4) Each certified copy of a vital record issued in Montana must contain the following certification and issuance statements at the bottom: This certifies that this document is a true Signature or facsimile duplication of the original information on file with the Department of Public Health and Human Services. Certifying official's title (History: 50-15-102, 50-15-103, 50-15-122, 50-15-124, MCA; IMP, 50-15-102, 5015-103, 50-15-121, 50-15-122, 50-15-123, 50-15-124, MCA; NEW, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2008 MAR p. 169, Eff. 1/1/08.) Subchapter 2 reserved
37-1384
12/31/07
NEXT PAGE IS 37-1399
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.301
Subchapter 3 Birth 37.8.301 CERTIFICATE OF BIRTH (1) A certificate of birth for every child born in Montana must be completed and filed within ten calendar days after the date of birth. (2) If a birth occurs in a health care facility, the certificate must be filed by the attending physician, physician's designee, the person in charge of the health care facility, or the designee of that person. (3) If a birth occurs en route to a health care facility, the person in charge of the health care facility or that person's designee must prepare and file the birth certificate in accordance with 50-15-221(3), MCA. (4) With the exception of a birth that occurs en route to a health care facility, if a birth occurs somewhere other than in a health care facility, a birth certificate must be prepared and filed by the person indicated by 50-15-221(4), MCA, along with a signed and notarized affidavit stating: (a) the state and county of the birth; (b) the name of the person or persons, if any, in attendance at the birth; (c) the child's given names and surname, sex, hour, date, and place of birth; and (d) the father's full name, if available, and the mother's full maiden name. (5) If no one in attendance at the birth is available, the local registrar will comply with 50-15-202, MCA, and complete the certificate using information obtained with reasonable certainty. (6) All births must be filed using either a current paper form or Montana's Electronic Birth Registration System. (7) The information in the section of a birth certificate labeled "information for medical and health use only" is provided to the department only, and is neither considered to be nor certified as part of the legal birth certificate. (8) All dates must be in literal format (e.g., January 1, 2000, instead of 1-100). (9) If a birth occurs somewhere other than in a health care facility and is not attended by a physician or a licensed midwife, and the birth certificate is filed before the first birthday, additional evidence in support of the facts of the birth is required. A certificate for the birth must be completed and filed by the individual responsible for filing the certificate as stated in 50-15-221(4), MCA, and include evidence of the pregnancy, evidence that the infant was born alive, and evidence the birth occurred within this state, as stated in (10) through (12).
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1399
37.8.301
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
(10) Evidence of a pregnancy is: (a) a prenatal record; (b) a statement from a physician or other health care provider qualified to determine pregnancy; (c) a report of a home visit by a public health nurse or other health care provider that indicates the mother was pregnant at the time of the visit; or (d) other evidence acceptable by the department. (11) Evidence that the infant was born alive includes: (a) a statement from the physician or other health care provider who saw or examined the infant; (b) an observation of the infant during a home visit by a public health nurse; or (c) other evidence acceptable to the department. (12) Evidence of the mother's presence in Montana on the date of birth includes: (a) if the birth occurred in the mother's residence: (i) a driver's license or a state-issued identification card that lists the mother's current residence; (ii) a rent or mortgage receipt dated near the date of birth that includes the mother's name and address; (iii) any type of utility, telephone, or other bill dated near the time of birth that includes the mother's name and address; or (iv) other evidence acceptable to the department. (b) if the birth occurred outside of the mother's place of residence and the mother is a resident of Montana, such evidence must consist of: (i) an affidavit from the tenant of the premises where the birth occurred, that the mother was present on those premises at the time of birth; (ii) evidence of the affiant's residence similar to that required in (12)(a)(i); (iii) evidence of the mother's residence in the state similar to that required in (12)(a)(i); or (iv) other evidence acceptable to the department. (13) If the mother is not a resident of Montana, such evidence must consist of clear and convincing evidence acceptable to the department. (14) The department will determine the acceptability of all documentary evidence submitted in support of a birth outside a health care facility. Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record attesting to the accuracy of the record. (History: 50-15-102, 50-15-103, MCA; IMP, 50-15-102, 5015-103, 50-15-109, 50-15-112, 50-15-113, 50-15-201, 50-15-124, 50-15-202, 50-15221, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 124, Eff. 7/26/77; AMD, 1981 MAR p. 1188, Eff. 10/16/81; AMD, 1987 MAR p. 1481, Eff. 8/28/87; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.)
37-1400
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.302
37.8.302 PARENTAL REVIEW OF BIRTH CERTIFICATE INFORMATION (1) Before a mother who recently gave birth in or en route to a health care facility leaves the facility in which the birth occurred, the health care facility administrator or the administrator's authorized designee shall present a completed birth certificate to a parent of the child so they may verify the information contained in the birth certificate. When the parent agrees that the information is correct, the parent shall sign the certificate after the words "I certify that the personal information provided on this certificate is correct to the best of my knowledge and belief." If the information is not correct, the birth certificate must be redone with the correct information and presented again to the parent for signature. (2) A parent's informational copy (not a certified copy) of the birth certificate must be given to the parent at the time he or she signs the certificate. (3) If a birth occurs outside of a health care facility, the person responsible for certifying the live birth and filing the birth certificate under the provisions of 50-15221(4), MCA, must fulfill the same duties as those specified in (1) and (2) for a health care facility administrator. (History: 50-15-102, MCA; IMP, 50-15-102, 50-15103, 50-15-108, 50-15-109, 50-15-221, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1401
37.8.303
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.303 DELAYED BIRTH CERTIFICATE (1) Any person born in the state of Montana whose birth was not properly recorded within one year after the birth may file and receive a delayed birth certificate if the requirements of this rule are met. (2) The birth must be filed on a Montana delayed birth registration form available from the department. (3) The person filing the form must submit to the department documents proving the applicant's name, the date and place of birth, and the applicant's parents' names. Documentation of the name of the applicant and the date and place of birth must be supported by at least the following: (a) if the record is filed within five years after the date of birth, either a health care facility record created at the time of birth and two pieces of documentary evidence meeting the requirements of (4) or, if a health care facility record is not available, three pieces of such documentary evidence; or (b) if the record is filed five years or more after the date of birth, three pieces of documentary evidence meeting the requirements of (5). (4) For any person under the age of five, the documents must be dated at least one year before the date of the application or within the first year of birth. (5) Any document submitted in evidence for any person five years of age or older must be dated at least five years before the date of application or within three years after the date of birth. (6) No two of the documents submitted as evidence may be from the same source and only one document may be a sworn affidavit. A sworn affidavit must state the date and place of birth of the applicant, establish the age of the affiant and the fact that the affiant was present at the birth and be signed by a person who is at least ten years older than the applicant for the delayed birth certificate. (7) Of the documents that are not sworn affidavits, at least one must establish the place, month, day and year of birth; one must establish the town or county and state of birth; and they must establish the full names of both parents, including the mother's maiden name. (8) Only official copies of documents will be accepted. Affidavits from notary publics that they have examined documents will not be accepted in lieu of official documents. Altered documents will not be accepted. (9) If an application for a delayed birth certificate is incomplete or does not meet the department's issuance criteria as listed above, the department shall notify the applicant of: (a) the problems; (b) the procedures necessary to rectify the problems; and (c) the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed birth certificate.
37-1402
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.303
(10) If, after notification, the application is not actively pursued for a period of 180 days, the application and supporting documents will be returned to the applicant and a new fee, application and supporting documentation will be required to reapply. (History: 50-15-102, 50-15-204, MCA; IMP, 50-15-103, 50-15-204, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03.) Rules 37.8.304 through 37.8.306 reserved
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ADMINISTRATIVE RULES OF MONTANA 12/31/07
37-1403
RECORDS AND STATISTICS
37.8.307
37.8.307 CERTIFICATE OF BIRTH RESULTING IN A STILLBIRTH (1) Upon request by either parent, a certificate of birth resulting in a stillbirth must be filed within ten calendar days after the date of the delivery or the date the certificate was requested to be filed. If the delivery meets the definition of a stillbirth as defined in 50-15-101, MCA, the person in charge of the final disposition of the fetus must file a properly completed Montana Certificate of Fetal Death. (2) If a stillbirth delivery occurs in Montana and a certificate of fetal death has not been filed, additional evidence must be provided to support the facts of the pregnancy, that the delivery resulted in a stillbirth, and that the delivery occurred within this state. (3) Acceptable examples of evidence of pregnancy include the following: (a) prenatal record; (b) a statement from a physician or other health care provider qualified to determine pregnancy; (c) a report of a home visit by a public health nurse or other health care provider that indicates that the mother was pregnant at the time of the visit; or (d) other evidence acceptable by the department. (4) Evidence that the birth was stillborn includes the following: (a) a completed and filed Montana Certificate of Fetal Death; (b) a statement from the physician or other health care provider who saw and examined the stillborn child; or (c) other evidence acceptable to the department. (5) Evidence of the mother's presence in Montana on the date of delivery includes the following: (a) if the delivery occurred in the mother's residence: (i) a driver's license or a state-issued identification card that lists the mother's current residence; (ii) a rent or mortgage receipt that includes the mother's name and address; (iii) any type of utility, telephone, or other bill that includes the mother's name and address; or (iv) other evidence acceptable to the department. (b) if the delivery occurred outside of the mother's place of residence and the mother is a resident of Montana, such evidence must consist of: (i) an affidavit from the tenant of the premises where the delivery occurred stating that the mother was present on those premises at the time of delivery; and (ii) evidence of the affiant's residence similar to that required in (5)(a); and (iii) evidence of the mother's residence in the state similar to that required in (5)(a); or (iv) other evidence acceptable to the department.
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1407
37.8.307
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
(6) If the mother is not a resident of Montana, proof that a stillbirth occurred in Montana outside of a health care facility must consist of clear and convincing evidence acceptable to the department. (7) The department shall determine the acceptability of all documentary evidence submitted in support of a stillbirth that occurred outside of a health care facility. (8) Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record or document attesting to the accuracy of the record. (History: 50-15-102, 5015-103, 50-15-208, MCA; IMP, 50-15-102, 50-15-103, 50-15-208, MCA; NEW, 2008 MAR p. 169, Eff. 1/1/08.) Rule 37.8.308 reserved
37-1408
12/31/07
NEXT PAGE IS 37-1411
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.310
37.8.309 CHILDREN BORN OUT OF WEDLOCK, CERTIFICATE FOR (REPEALED) (History: 50-15-102, MCA; IMP, 50-15-103, 50-15-109, MCA; Eff. 12/31/72; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; REP, 2002 MAR p. 397, Eff. 2/15/02.) 37.8.310 ADOPTION (1) A certificate of adoption must include the following information: (a) the child's name (before adoption), sex, date and place of birth, and names of natural parents; (b) name, date and place of birth, and residence of adoptive parents at the time of the child's adoption; (c) the name of the child as set forth in the adoption decree; (d) name and address of the attorney or agency handling the adoption; (e) if this is a stepparent adoption or single parent adoption, indication of that fact; and (f) certification by the clerk of a district court. (2) Once a registrar has been notified of an adoption, the registrar must send all original birth documents to the department within 30 days. (History: 50-15-102, 50-15-303, MCA; IMP, 50-15-102, 50-15-303, 50-15-311, MCA; NEW, 1981 MAR p. 1187, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1411
37.8.311
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.311 ADOPTIONS, NAME CHANGES, AND SEX CHANGES (1) The department will replace the original birth certificate with a new one without indicating that the information was altered in cases of adoption, a determination of paternity, an acknowledgment of paternity, or legitimation. (2) In order to establish the replacement certificate, the department must be provided with the following: (a) For an adoption: (i) a certified copy of the certificate of adoption; and (ii) a certified copy of the final order of adoption. (b) For a legitimation: (i) a notarized Acknowledgement of Paternity for Legitimation; and (ii) a certified copy of the marriage certificate. (c) For a court order establishing paternity: (i) a certified copy of the court order establishing paternity under 40-6-123, MCA, which must contain: (A) the child's name as it appears on the original certificate; (B) the child's date and county of birth; and (C) the full name, date of birth, and place of birth of the father being placed on the certificate. (d) For an acknowledgement of paternity when the last name of the child is being changed: (i) a notarized Acknowledgement of Paternity signed by both parents; and (ii) a notarized request for a new certificate signed by both parents. (3) Once paternity has been established, the registrant's last name may only be changed through an adoption, legitimation, or court order. (4) Except in the cases specified in ARM 37.8.108, the amendment of a registrant's given name or surname on a birth certificate may be made only if the department receives a certified copy of an order from a Montana district court with appropriate jurisdiction. The court order that directs the name change must include the registrant's name as it appears on the certificate, the registrant's date of birth, the county of birth, if available, and information sufficient to locate and identify the record to be altered. If the court order directs the issuance of a new certificate, the record will not show amendments, and the new certificate will not indicate on its face that it was altered. The procedure to add a first and/or middle name to a birth record that is more than one year old, as in the case when a child is not named at birth, is regulated under ARM 37.8.108.
37-1412
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.311
(5) The sex of a registrant as cited on a certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of an individual born in Montana has been changed by surgical procedure. The order must contain sufficient information for the department to locate the record. If the registrant's name is also to be changed, the court order must indicate the full name of the registrant as it appears on the original birth certificate and the full name to which it is to be altered. If the order from the court directs the issuance of a new certificate that does not show amendments, the new certificate will not indicate on its face that it was altered. If the sex of an individual was listed incorrectly on the original certificate, refer to ARM 37.8.108. (History: 50-15-102, 50-15-103, 50-15-204, 50-15-223, MCA; IMP, 50-15-102, 5015-103, 50-15-204, 50-15-223, MCA; NEW, 2008 MAR p. 169, Eff. 1/1/08.) Subchapters 4 and 5 reserved
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ADMINISTRATIVE RULES OF MONTANA 12/31/07
37-1413
RECORDS AND STATISTICS
37.8.602
Subchapter 6 Marriage 37.8.601 MARRIAGE APPLICATIONS AND LICENSES (1) In addition to the information required by 40-1-107, MCA, the marriage license application form must contain the following information, which must be reported to the department: (a) the names and places of birth of the parents of each party; (b) the date and place of the marriage, the name of the officiant, and whether it will be a religious or civil ceremony. (2) The marriage license application form must indicate whether the parties are related to each other, and if so, the relationship. (3) The marriage license application form must also contain the following information, for the benefit of local officials: (a) whether prior applications were rejected, and if so, why; (b) whether either party is under the influence of intoxicating liquor or narcotic drugs; (c) the future address and telephone number of the parties; (d) the certification by the parties of the foregoing information; and (e) signature of the judge where required, and notarization by the clerk of court. (History: Sec. 50-15-102, MCA; IMP, Sec. 40-1-107, 50-15-102, 50-15-103 and 50-15-301, MCA; Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1981 MAR p. 1188, Eff. 10/16/81; AMD, 1987 MAR p. 1481, Eff. 8/28/87; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02.) 37.8.602 REPORT OF DISSOLUTION OR INVALIDITY OF MARRIAGE (REPEALED) (History: Sec. 50-15-102, MCA; IMP, Sec. 50-15-103, 50-15-302 and 50-15-303, MCA; NEW, 1981 MAR p. 1187, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; REP, 2002 MAR p. 397, Eff. 2/15/02.) Subchapter 7 reserved
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ADMINISTRATIVE RULES OF MONTANA 3/31/02
37-1435
RECORDS AND STATISTICS
37.8.801
Subchapter 8 Death 37.8.801 DEATH CERTIFICATE (1) A certificate of death for each death that occurs in Montana must be completed and filed using either a current Montana certificate of death form or Montana's Electronic Death Registration System. (2) Death certificate forms may be obtained from the department or printed using commercial computer software that produces the approved form. (3) The person in charge of the final disposition of the dead body shall present the death certificate to the physician, advanced practice registered nurse, or coroner for cause of death certification within three working days after being notified of the death or receiving the authorization for removal, transportation, and final disposition of a dead body, which ever occurs first. (4) The certifying physician, advanced practice registered nurse, or coroner shall complete and return the death certificate to the person in charge of the final disposition of the body within 48 hours of receipt. If the cause of death certification is pending autopsy results, then the cause of death must be listed as "pending autopsy results". When the final results are received, they must be sent to the department using a correction affidavit. (5) The certifying physician, advanced practice registered nurse, or coroner may only certify and amend the date of death, time of death, place of death, or cause of death data. A certifying physician, advanced practice registered nurse, or coroner aware of errors in the demographic data must notify the person in charge of final disposition of the body of any errors. (6) For the purpose of the death certificate, any professional registered nurse licensed by the state of Montana may provide pronouncement of death information. (7) The person in charge of final disposition of a body may only certify the demographic data on the death certificate. The person in charge of final disposition of a body aware of errors in the cause of death data must notify the certifying physician or coroner of the error. (8) Within ten calendar days after the date of the death or the date it was first discovered, the person in charge of final disposition of a body must file a properly completed death certificate with the local registrar of the county where the death occurred. (History: 50-15-102, 50-15-103, 50-15-403, MCA; IMP, 50-15-109, 50-15124, 50-15-403, 50-15-405, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 124, Eff. 7/26/77; AMD, 1981 MAR p. 1188, Eff. 10/16/81; AMD, 1987 MAR p. 1481, Eff. 8/28/87; AMD, 1993 MAR p. 3023, Eff. 1/1/94; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1457
37.8.802
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.802 FETAL DEATH CERTIFICATE (1) A fetal death certificate must be completed and filed as specified in 50-15-403, MCA, using a Montana certificate of fetal death form. (2) Fetal death certificate forms must be obtained from the department. (3) The person in charge of final disposition of the body of a fetus shall present the fetal death certificate to the physician, advanced practice registered nurse, or coroner for cause of death certification within three working days after being notified of the death or receiving the authorization for removal, transportation, and final disposition of a dead body, whichever occurs first. (4) The certifying physician, advanced practice registered nurse, or coroner shall complete and return the fetal death certificate to the person in charge of final disposition of the fetal body within 48 hours after receiving the certificate. If the cause of fetal death is pending autopsy results, then the cause of death on the certificate must be listed as "pending autopsy results". When the final results are received, they must be sent to the department using a correction affidavit. (5) The certifying physician, advanced practice registered nurse, or coroner may only certify and amend the date, hour, and place of delivery; cause of death data; or medical and health information on a fetal death certificate. A certifying physician, advanced practice registered nurse, or coroner who is aware of any error in the demographic data must notify the person in charge of final disposition of the body of the fetus of the error. (6) The person in charge of final disposition of the body of a fetus may only certify the demographic data on the fetal death certificate. The person in charge of final disposition of the body of a fetus who is aware of an error in the cause of death data must notify the certifying physician, advanced practice registered nurse, or coroner of the error. (7) Within ten calendar days after the date of the fetal death or the date it was first discovered, the person in charge of final disposition of the body of the fetus must file a properly completed fetal death certificate with the local registrar of the county where the death occurred. (History: 50-15-102, 50-15-124, MCA; IMP, 5015-102, 50-15-109, 50-15-124, 50-15-403, 50-15-405, MCA; NEW, 1981 MAR p. 1187, Eff. 10/16/81; AMD, 1987 MAR p. 1481, Eff. 8/28/87; AMD, 1993 MAR p. 3023, Eff. 1/1/94; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02.)
37-1458
12/31/07
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.804
37.8.803 NOTIFICATION OF HEALTH OFFICERS BY REGISTRAR, WHEN (1) In the case of death from a dangerous, communicable disease occurring in a registration district in which the local registrar has no jurisdiction as health officer, the registrar shall immediately notify the health officer having jurisdiction of the name and address of the deceased person and the name of the physician who attended the same, so that all precautions regarding quarantine, isolation, conduct of public funerals, and disinfection of premises as required by the public health law and regulations of the department may be properly observed. (2) The provisions of (1) apply in the case of deaths from the diseases listed in ARM 37.114.203. (3) Persons in charge of interment are responsible for the strict observance of the regulations of the department relative to the burial of bodies dead of communicable diseases. (History: 50-1-202, MCA; IMP, 50-1-202, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460.) 37.8.804 COURT ORDERED FILING OF BIRTH OR DEATH CERTIFICATE (1) Only a Montana district court with appropriate jurisdiction may order a birth or a death certificate be filed for a birth or a death that occurred within Montana. (2) A local registrar may not complete a court ordered birth certificate. The court order must be submitted directly to the department, whereupon a certificate will be prepared and placed on file. (3) A local registrar may not complete a court ordered death certificate. The court order must be submitted directly to the local coroner, who will prepare and file the certificate with the department. (4) When a court order from a Montana district court with appropriate jurisdiction directs the preparation and filing of a birth certificate, the information necessary to complete the certificate must be specified in the order. (5) When a death is legally presumed but not confirmed, as in the case where the body has not been found, a death certificate may be filed only by the order of a Montana district court with appropriate jurisdiction directing the local coroner to prepare and file a death certificate with the department and specifying the information necessary to complete the certificate. (History: 50-15-102, 50-15-103, MCA; IMP, 50-15-204, 50-15-404, MCA; NEW, 1985 MAR p. 275, Eff. 3/29/85; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.) Rules 37.8.805 through 37.8.807 reserved
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ADMINISTRATIVE RULES OF MONTANA 12/31/07
37-1459
RECORDS AND STATISTICS
37.8.808
37.8.808 DEAD BODY REMOVAL AUTHORIZATION (1) A completed dead body removal authorization form must include, as a minimum: (a) insofar as possible, the decedent's full name or, in the case of a fetal death, the full name of the mother; (b) the place of death, including city, county, name, and address of facility if applicable, address of a place which is not a named facility or the specific geographic location if an address does not exist; (c) the date death occurred or was first discovered or date of delivery if a fetal death; (d) a signed and dated authorization statement along with, if applicable, a signed and dated certification of oral authorization; (e) a signed and dated statement of assumption of responsibility for filing the death or fetal death certificate; and (f) social security number of the decedent. (2) The physician, physician's designee, coroner having jurisdiction, or mortician who authorizes the removal of a dead body or the remains of a fetal death from the place of death must complete a dead body removal authorization on the department's form and, before or at the time of removal, if the person authorizing removal is: (a) a physician or physician's designee, give all three copies of the form to the person in charge of disposition; (b) a coroner or mortician, retain a copy of the completed form and give the other two copies to the person in charge of disposition, unless (2)(c) applies; or (c) also the person in charge of disposition, retain all three copies and comply with (3). (3) The person who removes a dead body or the remains of a fetal death from the place of death must retain a copy of the completed department dead body removal authorization form for that removal and mail or otherwise deliver the remaining copy or copies to the local registrar within 48 hours of the body's removal. (4) If the registrar receives more than one copy of a completed dead body removal authorization form, he must retain one copy and provide the other copy to the coroner having jurisdiction. (History: 50-15-102, MCA; IMP, 50-15-102, 50-15405, MCA; NEW, 1993 MAR p. 3023, Eff. 1/1/94; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2003 MAR p. 2441, Eff. 10/31/03.)
ADMINISTRATIVE RULES OF MONTANA
12/31/07
37-1463
37.8.809
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.809 NOTIFICATION OF FAILURE TO FILE (1) A local registrar must immediately notify the department, orally or in writing, whenever: (a) the registrar has received a completed dead body removal authorization form for a decedent but does not receive a death or fetal death certificate, whichever is appropriate, for the same decedent within ten days after the death occurred or was discovered. (b) the registrar has received a death or fetal death certificate for a decedent but has not received a dead body removal authorization form for that same decedent. (History: 50-15-102, MCA; IMP, 50-15-106, MCA; NEW, 1993 MAR p. 3023, Eff. 1/1/94; TRANS, from DHES, 1997 MAR p. 1460.) Rules 37.8.810 through 37.8.815 reserved
37-1464
12/31/07
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ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.816
37.8.816 DISINTERMENT PERMITS (1) A disinterment permit must be completed and filed using a department disinterment permit form. (2) Disinterment permit forms are available from the local registrar and will be provided to the registrar by the department. (3) The request for disinterment must be made by the decedent's next of kin, by an order from a Montana district court with appropriate jurisdiction, or by a public official authorized by law to make such a request. The endorsement on the permit must indicate the source of authority for the request and reasonable cause for the disinterment. If there is a dispute about a disinterment, and all affected parties do not concur, an order from a Montana district court with appropriate jurisdiction directing the disinterment is required. (4) The permit consists of five copies that must be distributed as follows: (a) The original copy must accompany the body for use by the receiving cemetery or crematory. (b) A copy must be retained by the cemetery where the disinterment occurs, by the applicant to whom the permit is issued, and by the local registrar. (c) A copy must be sent to the department. (5) To facilitate and assure proper accounting, the department may issue prenumbered permit forms to local registrars as required. (History: 50-15-102, 5015-407, MCA; IMP, 50-15-407, MCA; NEW, Eff. 8/4/73; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.) Subchapters 9 through 15 reserved
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ADMINISTRATIVE RULES OF MONTANA 12/31/07
37-1469
RECORDS AND STATISTICS
37.8.1601
Subchapter 16 Institutions 37.8.1601 INFORMATION RECORDED (1) The records of all hospitals or other facilities or institutions for the care of persons must contain the following information: Full name of patient; address; sex; race; marital status; date of birth; age; occupation; birthplace; name of father; birthplace of father; maiden name of mother; birthplace of mother; disease at entrance; dates of entrance, discharge, removal, or death and other information required for the completion of birth, death and fetal death certificates. (2) The requirements of Title 50, chapter 15, MCA, shall be literally enforced. Hospitals, other institutions, doctors offices, morticians, communal colonies and all other persons responsible for the generation or recording of vital statistics shall furnish such information or reports as required by Title 50, chapter 15, MCA, or the rules of the department. (History: 50-15-102, MCA; IMP, 50-15-103, 50-15-108, 50足 15-109, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460.) Subchapter 17 reserved
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ADMINISTRATIVE RULES OF MONTANA 9/30/97
37-1539
RECORDS AND STATISTICS
37.8.1801
Subchapter 18 Tumor Registry 37.8.1801 REPORTABLE TUMORS (1) The following tumors are designated as reportable: (a) malignant neoplasm, with the exception of a basal or squamous carcinoma of the skin; (b) skin cancer of the labia, vulva, penis or scrotum; (c) benign tumor of the brain, including a: (i) meningioma (cerebral meninges); (ii) pinealoma (pineal gland); or (iii) adenoma (pituitary gland); (d) carcinoid tumor, whether malignant, benign or not otherwise specified (NOS). (2) A benign tumor other than one of those listed in (1) may be reported to the department for inclusion in the tumor registry if prior approval has been obtained from the Department of Public Health and Human Services, Public Health and Safety Division, Montana Central Tumor Registry, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951. (3) A tumor which is otherwise reportable, but has been diagnosed and recorded using the words "apparently", "appears", "comparable with", "compatible with", "consistent with", "favors", "malignant appearing", "most likely", "presumed", "probable", "suspected", "suspicious", or "typical of" with reference to that tumor is considered reportable. (4) In order for the department to maintain current reporting, hospitals and physicians shall submit to the department information on reportable tumors within six months from the first inpatient or outpatient date that the patient was seen with cancer; independent laboratories shall submit to the department information on reportable tumors within six months from the date the laboratory service associated with the tumor was rendered. (History: 50-15-706, MCA; IMP, 50-15-703, MCA; NEW, 1982 MAR p. 391, Eff. 2/26/82; AMD, 1985 MAR p. 1857, Eff. 11/30/85; AMD, 1988 MAR p. 726, Eff. 4/15/88; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2009 MAR p. 87, Eff. 1/30/09.)
ADMINISTRATIVE RULES OF MONTANA
3/31/09
37-1559
37.8.1802
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.1802 REQUIRED RECORDS, INITIAL ADMISSION AND TREATMENT (1) Whenever a hospital initially provides medical services to any patient relating to a tumor designated as reportable by ARM 37.8.1801, it must collect, record, and make available to the department the following information about that patient: (a) name and current physical address of patient; (b) patient's physical address at time of diagnosis; (c) social security number; (d) name of spouse, if any; (e) phone number; (f) race, Hispanic origin if applicable, sex, and marital status; (g) age at diagnosis, place of birth, and month, day, and year of birth; (h) name, address, and phone number of friend or relative to act as contact, plus relationship of that contact to patient; (i) date and place of initial diagnosis; (j) primary site of tumor (paired organ); (k) sequence of primary tumors if more than one; (l) other primary tumors; (m) method of confirming diagnosis; (n) histology, including dates, place, histologic type and slide number; (o) summary staging, including whether in situ, localized, regional, distant or unstaged, with no information, or whether AJCC or TNM staging is utilized, and, if so, the findings of this staging; (p) description of tumor and its spread, if any, including size in centimeters, number of positive nodes, number of nodes examined and site of distant metastases; (q) procedures done to diagnose or stage tumors including dates, procedures, and results (such as physical exams, scopes, x-rays, scans, or lab tests);
37-1560
3/31/09
ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.1802
(r) cumulative summary of all therapy directed at the subject tumor, including: (i) date of therapy; (ii) specific type of surgery or radiation therapy, if any, and details of chemical, hormonal, or other kinds of treatment; and (iii) if no therapy given, reason for lack of therapy. (s) status at time of latest recorded information, i.e., whether alive or dead, tumor in evidence, or recurring, or status unknown; (t) if recurrence of tumor, date, type, and distant sites of first recurrence; (u) names of physicians primarily and secondarily responsible for follow up; (v) date of each follow up; (w) if patient has died, date of death, place, cause, and whether autopsy performed; (x) primary payer at diagnosis; (y) usual occupation and industry; and (z) tobacco and alcohol use history. (History: 50-15-706, MCA; IMP, 50-15足 703, MCA; NEW, 1982 MAR p. 391, Eff. 2/26/82; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2009 MAR p. 87, Eff. 1/30/09.)
ADMINISTRATIVE RULES OF MONTANA
3/31/09
37-1561
37.8.1803
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES
37.8.1803 REQUIRED RECORDS, FOLLOW UP (1) Whenever a patient for whom information has been provided to the tumor registry is admitted to the hospital providing the information on an inpatient or outpatient basis for further treatment related to the tumor for which original registration in the tumor registry was made, the hospital must keep on file the following information: (a) patient's name, noting any change from previous records; (b) any paired organ involvement, noting sequence; (c) subsequent histology, including dates, place, histology type, slide number and procedure; (d) date, type of procedure and findings of any surgery or other exploratory measure; (e) date and type of any administration of radiation; (f) date of any administration of hormones, chemotherapy, immunotherapy or any other kind of treatment; (g) date of death and/or last follow up; (h) if death has occurred, the place, cause and whether an autopsy was performed; (i) if an autopsy was performed, its findings pertaining to cancer; (j) status at time of latest recorded information, i.e., whether alive or dead, tumor in evidence, or has recurred, or status is unknown; (k) if recurrence of tumor, date, type, and distant sites of first recurrence; and (l) names of those physicians primarily and secondarily responsible for follow up treatment. (History: 50-15-706, MCA; IMP, 50-15-703, MCA; NEW, 1982 MAR p. 391, Eff. 2/26/82; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2009 MAR p. 87, Eff. 1/30/09.) Rules 37.8.1804 through 37.8.1807 reserved
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3/31/09
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ADMINISTRATIVE RULES OF MONTANA
RECORDS AND STATISTICS
37.8.1808
37.8.1808 REQUIRED RECORDS, INDEPENDENT CLINICAL LABORATORIES (1) Whenever a clinical laboratory which is not owned or operated by a hospital provides laboratory services for any patient relating to a tumor designated as reportable by ARM 37.8.1801, it must collect, record, and make available to the department the following information about that patient: (a) name and current address of patient; (b) patient's address at time of diagnosis; (c) social security number; (d) name of spouse, if any; (e) race, sex, and marital status; (f) age at diagnosis, month, day, and year of birth; (g) date and place of initial diagnosis; (h) primary site of tumor (paired organ); (i) sequence of primary tumors, if more than one; (j) method of confirming diagnosis; (k) histology, including dates, place, histologic type, and slide number; (l) summary staging, including whether in situ, localized, regional, distant or unstaged, with no information, or whether AJCC or TNM staging is utilized, and, if so, the findings of the staging; (m) description of tumor and its spread, if any, including size in centimeters, number of positive nodes, number of nodes examined, and site of distant metastasis; (n) status at time of latest recorded information, i.e., whether alive or dead, tumor in evidence, or recurring, or status unknown; and (o) names of physicians primarily and secondarily responsible for follow up. (History: 50-15-706, MCA; IMP, 50-15-703, MCA; NEW, 1985 MAR p. 1857, Eff. 11/30/85; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2009 MAR p. 87, Eff. 1/30/09.)
ADMINISTRATIVE RULES OF MONTANA
3/31/09
37-1569