24.147.408 TRANSPORTATION AND CUSTODY OF HUMAN REMAINS
(1) Upon authorization specified at 50-15-405, MCA, by a physician, physician designee, coroner, or mortician to remove and transport human remains, only a coroner, mortician, or person who is properly trained and for whose actions the mortician-in-charge will be responsible may transport the body to either a mortuary, coroner's morgue, or, in cases in which direct cremation or burial is legally permissible and authorized, directly to a crematory or cemetery.
(2) Nothing in these rules shall be construed to apply to transportation, custody, preparation, funeral arrangements, or disposition carried out individually by an authorizing agent, subject to such agent's compliance with all applicable state and local laws and regulations, including, but not limited to:
(a) Department of Public Health and Human Services laws and regulations on infectious disease and vital statistics, including the filing of death certificates; and
(b) Department of Labor and Industry laws and regulations regarding proper identification of the remains, health and safety requirements, and the execution of appropriate disclosures and authorizations.
(3) In no case may an authorizing agent delegate the activities set forth in (2), unless to a mortician employed by a mortuary.
History: 37-19-202, 37-19-703, MCA; IMP, 37-19-101, 37-19-301, 37-19-302, 37-19-703, 37-19-704, 50-15-405, MCA; NEW, 2014 MAR p. 2017, Eff. 9/5/14.