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24.147.2301    UNPROFESSIONAL CONDUCT

(1) For the purpose of implementing 37-1-319, MCA, the board defines unprofessional conduct to include, but not be limited to, the following:

(a) solicitation of dead human bodies by the licensee, the licensee's agents, assistants, or employees, whether such solicitation occurs after death or while death is impending, providing that this shall not be deemed to prohibit general advertising;

(b) employment by the licensee of persons known as "cappers", or "steerers", or "solicitors", or other such persons to obtain the services of a holder of a license for the practice of funeral service;

(c) employment directly or indirectly of any apprentice, agent, assistant, employee, or other person on part- or full-time, or on commission for the purpose of calling upon individuals or institutions for solicitation of dead human bodies for a particular mortuary, mortician, or crematory;

(d) the direct or indirect payment or offer of payment of a commission by the licensee, the licensee's agent, assistants, or employees for the purpose of securing business for that particular mortuary, mortician, or crematory; provided however, that compliance with a state pre-need law shall not constitute a violation thereof;

(e) failing to exercise appropriate supervision over interns who are authorized to practice only under the supervision of the licensed mortician;

(f) allowing the licensee's license number to be placed on a death certificate or any other official form of any dead human body, as the mortician or funeral director, if the licensee did not prepare the body or supervise the final disposition of that body;

(g) using any funeral merchandise previously used, without informing a new consumer or person selecting and/or paying for the use of the merchandise, that the merchandise has been used;

(h) failure to provide funeral goods that the consumer selected, or substitution of funeral goods or services without the consumer's knowledge or consent;

(i) violation of any of the provisions of Title 37, chapter 19, MCA, and/or ARM Title 24, chapter 147;

(j) violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;

(k) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect such release;

(l) knowingly making any false statement on a certificate of death;

(m) violation of applicable statutes or regulations of the state of Montana or any other state involved with the prearrangement and/or prefinancing of a funeral;

(n) discriminating in services because of race, creed, color, national origin, or medical condition;

(o) knowingly making false statements regarding other licensees;

(p) permitting nonlicensed personnel to make arrangements for a funeral;

(q) personnel of a mortuary, crematory, or cemetery whose services are desired shall not recommend auxiliary services or funeral goods, or deprive the consumer the freedom of choice for such services or funeral goods;

(r) removing or possessing dental gold, dental silver, or any other personal effects from deceased persons without specific written permission of the authorizing agent;

(s) attaching, detaining, claiming to detain, or failing to release any human remains or human cremated remains for any debt or demand; or upon any pretended lien or charges upon delivery of authorization for release of remains;

(t) failure to deposit or keep on deposit, misapply, misappropriate, or to repay on valid demand, any and all moneys received in payment for pre-need funeral goods or services;

(u) failure to comply with statutory or board requirements for pre-need or prepaid arrangements, agreements, or trusts; or failure to disclose any material facts regarding pre-need or prepaid arrangements, agreements, or trusts;

(v) in circumstances where there is conflict in direction provided by authorizing agents of equal rank, it shall be considered unprofessional conduct for a licensee to proceed without requiring the parties to either come to agreement or submit the matter for judicial resolution of the conflict; or

(w) removal of, embalming, or cremating a dead human body prior to proper authorization from a county coroner or state medical examiner, when the licensee has information connecting crime or violence to the cause of death.

History: 37-1-131, 37-1-136, 37-1-319, 37-19-202, MCA; IMP, 37-1-136, 37-1-316, 37-1-319, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1988 MAR p. 2377, Eff. 11/11/88; AMD, 1989 MAR p. 225, Eff. 1/27/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

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