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Rule Title: MORTUARY OPERATION STANDARDS
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF FUNERAL SERVICE
Subchapter: Mortuary Requirements
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.147.901    MORTUARY OPERATION STANDARDS

(1) A preparation room shall be maintained in a clean and sanitary condition at all times and meet the following minimum requirements:

(a) tile, concrete, or other nonporous, washable material covering the walls and floor, from wall-to-wall, in a manner to allow cleaning and disinfection of these surfaces;

(b) no articles other than those necessary for the preparation of dead human bodies;

(c) privacy coverings on doorways and windows that prevent viewing of the room or its contents;

(d) restricted access to persons authorized by a licensed mortician and a clearly labeled entrance as "private," "authorized persons only," or "no admittance";

(e) proper ventilation in accordance with Occupational Safety and Health Administration's (OSHA) Formaldehyde Standard 29 CFR 1910.1048;

(f) tables, hoppers, sinks, receptacles, instruments, or other appliances thoroughly cleansed and disinfected immediately at the conclusion of each preparation;

(g) infectious wastes properly labeled and disposed of in accordance with Title 75, chapter 10, part 10, MCA;

(h) preparation room effluents discharged via a sewage connection to publicly owned treatment works (POTW), or, if not connected to a POTW, a groundwater discharge permit, or evidence from an applicable county regulator or state Department of Environmental Quality that a groundwater discharge permit is not required; and

(i) hand washing facilities and signs requiring all personnel to wash hands during and after handling any nondisinfected object or material.

(2) The preparation of human remains for final disposition, such as washing, disinfecting, embalming, removing hazardous implants, dressing, and casketing must only be performed in a preparation room of a licensed mortuary or mortuary branch with a preparation room, except that washing, dressing, and casketing may be provided by a person with the right of disposition in 37-19-904, MCA.

(3) Unless requested by a consumer making the initial contact to make funeral arrangements at a place other than the mortuary or mortuary branch, funeral arrangements, both pre- and at-need, may only be performed in a licensed mortuary or mortuary branch.

(4) The mortuary shall designate a mortician-in-charge of the mortuary and within ten days provide written notice to the board of any change in the designation.

(5) The mortuary shall display the facility and personal licenses of licensed staff in plain view for members of the public to view. Personal addresses on licenses may be covered.

(6) The mortuary shall obtain and maintain for inspection all applicable local, state, and federal permits or licenses, including, but not limited to, those relating to business, zoning, building codes (including plumbing, electrical, and mechanical), air quality, and water quality.

(7) The mortuary shall conduct staff training in and require the handling and disposal of all medical, hazardous, or infectious waste in accordance with federal, state, and local laws and regulations, including, but not limited to, the OSHA Bloodborne Pathogen Standard, 29 CFR 1910.1030; Hazard Communication Standard, 29 CFR 1910.1200; Personal Protective Equipment Standard, 29 CFR 1910.132; U.S. Department of Transportation Hazardous Material Regulations, 49 CFR Part 171; and Hazardous Waste Management and Infectious Waste Management Acts, Title 75, chapter 10, parts 4 and 10, MCA.

History: 37-19-202, 37-19-403, 75-10-1006, MCA; IMP, 37-19-101, 37-19-402, 37-19-403, 75-10-421, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, 75-10-1006, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13.


 

 
MAR Notices Effective From Effective To History Notes
24-147-33 7/12/2013 Current History: 37-19-202, 37-19-403, 75-10-1006, MCA; IMP, 37-19-101, 37-19-402, 37-19-403, 75-10-421, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, 75-10-1006, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13.
5/5/2006 7/12/2013 History: 37-19-202, 75-10-1006, MCA; IMP, 37-19-403, 75-10-1001, 75-10-1002, 75-10-1003, 75-10-1004, 75-10-1005, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.
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