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(1) A crematory may not accept or cremate human remains until it has received warranties of truthfulness regarding the identity of the remains to be cremated and regarding the authority of the signer to order cremation. A cremation authorization form, properly executed, shall satisfy these warranties.

(2) A crematory operator must develop and require crematory staff to strictly follow procedures to accurately maintain the identification of the remains throughout the cremation process, including, at a minimum, the following:

(a) Upon receipt of the remains in a container described at ARM 24.147.1102, staff shall examine the cremation authorization, any preneed cremation authorization, and the ART forms, and maintain them together with the container.

(b) Prior to the cremation, using sequentially numbered metal tags, staff shall assign a number to the human remains and record the number on the cremation documents, a separate log, or both.

(c) Staff shall place the metal tag on the outside of the retort during the cremation process. During final processing, staff shall place the metal tag on the container or tray containing the human remains.

(d) After the cremation process, staff shall either place the metal tag with the cremated remains in a securely fastened plastic bag or securely fasten the tag to the exterior of the bag.

(e) Staff shall affix an identification label to the closed urn or container in a permanent manner that ensures the integrity of the identification of the remains.

(3) When directed by the cremation authorization, and agreed to by the crematory to scatter cremated remains, the licensee shall maintain the identifying metal tag as a permanent record of the facility.

History: 37-19-202, 37-19-703, MCA; IMP, 37-19-703, 37-19-704, 37-19-705, 37-19-707, 37-19-708, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2014 MAR p. 2017, Eff. 9/5/14.

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