24.147.1107 CREMATION AUTHORIZATIONS
(1) A "cremation authorization" is a separate form and does not include a contract for payment of cremation services, and is distinguished from the "coroner's authorization to cremate" under 46-4-122, MCA, set forth on the Authorization for Removal and Transport (ART) form.
(2) A "cremation authorization" must be executed by an authorizing agent and may not conflict with any preneed cremation authorization executed by the decedent in accordance with 37-19-708, MCA, or disposition directions made in accordance with 37-19-903, MCA.
(3) The statutory authority to allow an individual or authorizing agent to execute a preneed cremation authorization does not authorize a crematory operator or facility to present, negotiate, or sell prearranged funeral or related services.
(4) The cremation authorization form must include:
(a) full identification of the decedent;
(b) warranty of positive identification of the decedent by the authorizing agent or personal representative of the authorizing agent;
(c) the authorizing agent's relationship to the deceased;
(d) the superiority of the authorizing agent's authority among competing rights to act as the authorizing agent;
(e) disclosure by the authorizing agent familiar with the decedent of any potentially hazardous implants or other medical devices;
(f) disclosures and authorizations regarding the casket or alternative container;
(g) disclosures and authorizations regarding multiple cremations;
(h) disclosures and authorizations regarding witnessing;
(i) disclosures and descriptions regarding the cremation process;
(j) authorization to cremate;
(k) disclosures and selections regarding containers;
(l) disclosures, authorizations, and selections regarding final disposition of cremated remains;
(m) directions regarding disposition of personal property;
(n) disclosures regarding the time and place of cremation and whether the decedent is to be embalmed; and
(o) a release from liability per 37-19-707, MCA.
(5) The cremation authorization form shall include the following certification by a mortician on behalf of a mortuary that:
(a) the remains presented to the crematory are those of the decedent identified by the authorizing agent;
(b) the mortician has taken reasonable precautions to ensure the removal of any hazardous implants; and
(c) the personal property identified in the cremation authorization has been removed from the remains of the decedent and delivered to the authorizing agent.
(6) Morticians must exercise due diligence in determining the presence of a potentially hazardous implant in and identification of human remains to be cremated. If a mortician is not involved in the disposition, the person with the right of disposition (i.e., the authorizing agent) for the cremation must warranty the absence of any known pacemaker or potentially hazardous implant or that it has been removed at a medical facility by appropriate medical personnel.
History: 37-19-202, 37-19-703, 37-19-708, MCA; IMP, 37-19-703, 37-19-704, 37-19-707, 37-19-708, 37-19-903, 46-4-122, MCA; NEW, 2014 MAR p. 2017, Eff. 9/5/14.