Current through Register Vol. 18, September 20, 2024
(1) In
addition to the requirements and procedures in
37-19-704
through
37-19-706,
MCA, and the rules in this subchapter, crematories must comply with this
rule.
(2) A crematory must have the
following authorizations in its possession before a crematory operator or
crematory technician can begin cremation:
(a)
ART form as defined in ARM
24.147.302;
(b) cremation authorization form as described
in ARM
24.147.1107;
or
(c) if applicable, one of the
following:
(i) preneed cremation
authorization executed in accordance with
37-19-708,
MCA;
(ii) disposition directions
from a prepaid funeral contract as described in
37-19-903,
MCA; or
(iii) at-need cremation
authorization.
(3) Unembalmed human remains held longer than
48 hours after the time of death must be refrigerated per ARM
37.116.103.
(4) Human remains not cremated by a crematory
operator or crematory technician immediately upon receipt per
37-19-705,
MCA, or ARM 24.147.1111 must be held in a holding facility marked "private" or
"authorized personnel only."
(5)
When processing cremated remains following cremation, crematory operators and
crematory technicians shall:
(a) commingle
cremated human remains only if authorized by the authorizing agent in the
cremation authorization form;
(b)
remove the recoverable residual of the cremation process from the cremation
chamber and sweep the cremation chamber clean;
(c) separate, collect, and secure for
permanent waste disposal in a container designed to avoid loss or exposure of
the contents, any nonhuman residue, such as dental fillings or nonhazardous
medical implants, unless such items, if reasonably identifiable, are directed
to be returned to the authorizing agent;
(d) process remaining bone fragments to
unidentifiable particles and place the particles and all remaining residue from
(b) in a container as described in ARM
24.147.1110.
If the cremated remains:
(i) do not
adequately fill the interior dimensions of the temporary container or urn, the
crematory operator or crematory technician may fill the extra space with
packing material that will not become intermingled with the cremated remains;
and/or
(ii) do not fit within one
temporary container or urn, the crematory operator or crematory technician must
use an additional temporary container or urn per
37-19-705,
MCA. The temporary container(s) and/or urn(s) must further be labeled "1 of 2"
and "2 of 2."
(6) Cremated remains being shipped shall be
shipped per
37-19-705(10)
through (13), MCA. Additionally:
(a) the shipping container must be labelled
"CREMATED REMAINS"; and
(b) if
there are multiple temporary containers and/or urns containing the same
decedent's remains, the crematory operator or crematory technician must place
temporary containers and/or urns within the same shipping container.
(7) Crematories which dispose of
unclaimed remains per
37-19-706(2),
MCA must maintain a record of the disposition and may issue an invoice to the
authorizing agent to recover the costs of the disposition.
AUTH:
37-19-202,
37-19-703,
MCA IMP:
37-19-703,
37-19-704,
37-19-705,
37-19-706,
MCA
