Mont. Admin. r. 24.147.302

Current through Register Vol. 23, December 6, 2024

Rule 24.147.302 - DEFINITIONS

As used in this chapter, the following definitions apply:

(1) "Authorization for Removal, Transportation and Final Disposition of a Dead Body (ART) form" means the form developed by the Department of Public Health and Human Services per 50-15-405, MCA, which provides:

(a) authorization for removal from place of death per 50-15-405, MCA; and

(b) authorization from the coroner to cremate per 46-4-122 and 50-15-405, MCA.

(2) "Change in ownership" means when more than 50 percent of the equitable ownership of a mortuary, branch establishment, crematory, or cemetery is transferred to one or more persons or any other legal entity, in a single transaction or in a related series of transactions.

(3) "Cremation authorization form" means an agreement executed between an authorizing agent and a crematory, mortuary, or branch establishment pertaining to receipt of the human remains. A cremation authorization form is not any of the following:

(a) a contract for payment of cremation services;

(b) a coroner's authorization to cremate under 46-4-122, MCA; or

(c) a prepaid funeral arrangement under 37-19-903, MCA, which can only be made by a licensed mortician at a licensed mortuary.

(4) "Crematory operator-in-charge" means the Montana licensed crematory operator, as described in 37-19-101 and 37-19-702, MCA, who accepts responsibility for the operation of a crematory in conformance with all laws and rules pertinent to operation of the crematory. The crematory operator-in-charge:

(a) is personally in full and actual charge of the crematory; and

(b) assures the crematory and all crematory personnel working in the crematory have current and appropriate licensure.

(5) "Hazardous implant" means 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 public or the crematory operator, or to the crematory retort or related equipment, during the cremation process. Hazardous implants may only be removed by:

(a) appropriate medical personnel at a medical facility; or

(b) a mortician or intern at a mortuary or branch establishment with a preparation room. The mortuary or branch establishment must keep a record of the removal and disposition of the implant. Mortuaries and branch establishments must dispose of hazardous implants in accordance with federal, state, and local laws and regulations.

(6) "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."

(7) "Mortician-in-charge" means a Montana-licensed mortician who accepts responsibility for the operation of a mortuary or branch establishment in conformance with all laws and rules pertinent to the practice of mortuary science. The mortician-in-charge:

(a) is personally in full and actual charge of the mortuary or branch establishment;

(b) assures the mortuary or branch establishment and all mortuary personnel working in the mortuary or branch establishment have current and appropriate licensure;

(c) is responsible for the supervision of nonlicensed personnel as defined in these rules; and

(d) is responsible for ensuring in-person supervision by a mortician for students working in the mortuary or branch establishment who are engaged in a clinical practicum as described in [SB 63 Section 1].

(8) "Nonlicensed personnel" means any person employed by a licensed mortuary or mortuary branch establishment who is not licensed as a mortician or intern.

(9) "Permit" as referenced in 37-19-814, MCA, is synonymous with "license" in the context of cemetery permits issued by the board under these rules.

(10) "Prepaid funeral agreement" as further clarified in these rules means a written agreement for preneed funeral arrangements which is made between a purchaser and provider prior to the death of the intended funeral recipient.

(11) "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 do not mean interment spaces offered or sold by a cemetery company.

(12) "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 does not mean the sale of services incidental to the provision of interment spaces offered or sold by a cemetery company.

(13) "Price agreement" means a prepaid funeral agreement funded with a funeral trust or funeral insurance policy. The two types of price agreements are as follows:

(a) "guaranteed price agreement" means that the provider will provide the selected funeral goods and services in exchange for the proceeds of a funeral trust or funeral insurance policy. The agreement binds the provider to provide the selected funeral goods and services regardless of whether or not the current 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; and

(b) "nonguaranteed price agreement" means the provider will apply the proceeds of the funeral trust or funeral insurance policy to the current retail value of the selected funeral goods and services at the time of death of the intended funeral recipient. The agreement does not bind the provider to provide the services and funeral goods if the current value of those funeral goods and services exceeds the funds available at the time of death of the intended funeral recipient.

(14) "Provider" means a licensed mortician or the licensed mortuary where the licensed mortician is employed that is providing or offering to provide at-need, preneed, or prepaid funeral arrangements, and/or funeral goods or services.

(15) "Purchaser" means the person named in a prepaid funeral agreement who purchases the prepaid funeral goods and services to be provided per the agreement. The purchaser may or may not be the intended funeral recipient. If the purchaser is different than the intended funeral recipient, it is understood 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.

(16) "Supervision of nonlicensed personnel" means:

(a) regular and direct oversight and guidance of duties directed by the mortician-in-charge; and

(b) the mortician-in-charge's acceptance of responsibility for the work.

Mont. Admin. r. 24.147.302

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; AMD, 2018 MAR p. 440, Eff. 2/24/2018; AMD,2020 MAR p. 670, Eff.4/18/2020

AUTH: 37-1-131, 37-19-202, [SB 63 Section 1], MCA IMP: 37-1-131, 37-19-101, [SB 63 Section 1], 37-19-702, 37-19-703, 37-19-705, 37-19-706, 37-19-707, 37-19-708, 37-19-814, 37-19-827, 37-19-828, 37-19-829, MCA