Current through Register Vol. 6, March 22, 2024
(1)
Crematories, crematory operators, and crematory technicians shall not:
(a) engage in mortuary science as defined in
37-19-101,
MCA;
(b) commingle human remains
from more than one person unless authorized per
37-19-705,
MCA, and ARM
24.147.1107;
(c) cremate fetuses, limbs, and body parts
from private or public health agencies, medical doctors, or colleges and
universities, without:
(i) required federal,
state, and local permits; and
(ii)
cremation authorizations as described in ARM
24.147.301
and 24.147.1107;
(d) use
the same cremation chamber for the cremation of human remains and
animals;
(e) accept prepayment for
cremation services, unless covered in a prepaid funeral agreement executed by a
mortician per
37-19-903,
MCA;
(f) require that human remains
be placed in any particular container other than a basic combustible container,
including but not limited to a casket, before cremation;
(g) require that cremated remains be placed
in a cremation urn, cremation vault, or receptacle designed to permanently
encase the cremated remains;
(h)
remove any dental gold, jewelry, medical devices, body parts, or other items of
value from human remains prior to the cremation or from the cremated remains
after cremation, unless the cremation authorization form described in ARM
24.147.301
and
24.147.1107
specifically authorizes such removal; or
(i) knowingly cremate human remains with a
potentially hazardous implant in place.
(2) Only the following persons are permitted
in the cremation chamber area of a crematory while any human remains are being
placed within the cremation chamber, being cremated, or being removed from the
cremation chamber:
(a) persons authorized by
the crematory operator-in-charge;
(b) department and board personnel; and
(c) persons having the right of
disposition under
37-19-904,
MCA, who request to witness a cremation.
(3) Crematories which dispose of unclaimed
remains per
37-19-706,
MCA, and ARM
24.147.1111
must dispose of remains in a recoverable manner, such as burial in a grave,
crypt, or niche.
AUTH:
37-19-202,
37-19-703,
MCA IMP:
37-19-101,
37-19-703,
37-19-704,
37-19-705,
37-19-706,
37-19-707,
37-19-708,
MCA
