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24.147.1105    CREMATION RECORDS

(1) Each crematory shall maintain on a permanent basis a record of each cremation, including:

(a) original, photocopy, or facsimile copies of the following approved forms with validated electronic signatures or physical signatures:

(i) removal authorization as provided by 50-15-405, MCA; and

(ii) coroner cremation authorization as provided by 46-4-122, MCA.

(b) a cremation authorization form and signed by an authorizing agent;

(c) as applicable, a preneed cremation authorization executed in accordance with 37-19-708, MCA, or disposition directions executed in accordance with 37-19-903, MCA;

(d) a cremation log showing the decedent's name, date, and time the body was received, metal tag number, date and times of refrigeration, if applicable, date and time of cremation, and identification of the staff member performing the cremation;

(e) a copy of the receipt of the date, time, and place of the delivery of the cremated remains with dual signatures of the recipient and crematory representative; and

(f) as applicable, shipping and tracking forms.

(2) In the case of cremated remains that have been abandoned by the authorizing agent, the crematory operator may, after 90 days, maintain or dispose of such remains in a recoverable manner, such as burial or entombment, and shall maintain the identifying metal tag and the location of burial as a permanent record.

(3) In addition to the records above, if the crematory is independent of a mortuary, the crematory must maintain price lists and otherwise comply with the Federal Trade Commission (FTC) funeral rule if it sells funeral goods. The crematory shall also maintain copies of invoices or contracts as prescribed by these rules.

History: 37-19-202, 37-19-703, MCA; IMP, 37-19-702, 37-19-703, 37-19-706, 37-19-708, 37-19-903, 46-4-122, 50-15-405, MCA; NEW, 2014 MAR p. 2017, Eff. 9/5/14.

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