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(1) No crematory facility, operator, or technician shall do any of the following, unless also licensed as a mortician:

(a) transport human remains without the direction of a mortician who is responsible for the transport, make arrangements, engage in funeral directing, or engage in mortuary science, as such terms are defined in 37-19-101, MCA;

(b) cremate fetuses, limbs, and body parts from private or public health agencies, medical doctors or colleges and universities, without proper permits and cremation authorizations;

(c) use or allow the use of the same cremation chamber for the cremation of human remains and animals;

(d) accept prepayment for cremation services, unless covered in a prepaid funeral agreement executed by a mortician;

(e) require that human remains be placed in any particular container other than a basic combustible container, e.g., a casket, before cremation; or require that cremated remains be placed in a cremation urn, cremation vault, or receptacle designed to permanently encase the cremated remains;

(f) remove any dental gold, jewelry, medical devices, body parts, or other items of value from human remains prior to the cremation or from the cremated remains after cremation, unless the cremation authorization form specifically authorizes such removal; or

(g) remove a potentially hazardous implant from human remains or knowingly cremate human remains with a potentially hazardous implant in place.

(2) A hazardous implant may only be removed by a mortician at a mortuary or branch mortuary establishment with a preparation room, unless removal has taken place at a medical facility by appropriate medical personnel. The mortician shall keep a record of the removal and disposition of the implant. Morticians must recycle hazardous implants if such service is available, and may only discard them in accordance with federal, state, and local laws and regulations.

(3) This rule may not be construed to prohibit an independent crematory not associated with a mortician from discussing cremation procedures with customers or selling combustible containers or cremation urns. If such funeral goods and services are sold, they may only be paid for by the consumer "at need" and not as preneed funeral goods and services, which may only be offered, negotiated, or sold by a licensed mortician. An independent crematory operator who sells funeral goods must comply with the funeral rule and have a general price list (GPL).

History: 37-19-202, 37-19-703, MCA; IMP, 37-19-101, 37-19-703, 37-19-704, 37-19-705, 37-19-706, 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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