reglab/housing_qa huggingface dataset:
MT Code § 37-19-308 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-308. Student exemption -- rulemaking

  37-19-308. Student exemption -- rulemaking. (1) A student currently enrolled in an accredited or approved funeral service or mortuary science degree program may engage in the practice of mortuary science without a license under this chapter if practicing:   (a) as part of a required student clinical practicum associated with the educational program; and   (b) under the supervision of a licensed mortician who operates from a licensed mortuary or branch establishment.   (2) The board may adopt rules pertaining to the requirements for supervision and for mortuary and branch establishments. The rules must be limited to implementing only the purposes outlined in subsection (1).   History: En. Sec. 1, Ch. 49, L. 2019.
MT Code § 37-19-309 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-309. and 37-19-310 reserved

  37-19-309 and 37-19-310 reserved.
MT Code § 37-19-311 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-311. Repealed

  37-19-311. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 14, Ch. 41, L. 1963; R.C.M. 1947, 66-2714; amd. Sec. 6, Ch. 378, L. 1981; amd. Sec. 3, Ch. 510, L. 1985; amd. Sec. 2, Ch. 298, L. 1989.
MT Code § 37-19-312 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-312. Repealed

  37-19-312. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 15, Ch. 41, L. 1963; amd. Sec. 268, Ch. 350, L. 1974; R.C.M. 1947, 66-2715.
MT Code § 37-19-313 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-313. and 37-19-314 reserved

  37-19-313 and 37-19-314 reserved.
MT Code § 37-19-315 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-315. Funeral costs -- rules on disclosure

  37-19-315. Funeral costs -- rules on disclosure. The board shall adopt rules requiring mortuaries to disclose in writing to all customers a complete itemized list of all funeral costs and complete information regarding the need for embalming.   History: En. Sec. 7, Ch. 378, L. 1981.
MT Code § 37-19-316 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 3. Licensing of Morticians|37-19-316. Repealed

  37-19-316. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 8, Ch. 378, L. 1981.
MT Code § 37-19-401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 4. Licensing of Mortuaries|37-19-401. License required -- display of license

  37-19-401. License required -- display of license. An operating mortuary must be licensed by the board. The license must be displayed in a conspicuous place.   History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(part); amd. Sec. 3, Ch. 298, L. 1989; amd. Sec. 71, Ch. 429, L. 1995; amd. Sec. 59, Ch. 467, L. 2005.
MT Code § 37-19-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 4. Licensing of Mortuaries|37-19-402. Operator's license requirements -- facility inspections -- transfer of license to new facility

  37-19-402. Operator's license requirements -- facility inspections -- transfer of license to new facility. (1) The operation of a mortuary is prohibited by anyone not holding a mortician's license.   (2) A license to operate a new mortuary facility in Montana may be issued only if the proposed mortuary facility meets standards for operating mortuaries adopted by the board.   (3) (a) An applicant for a license to operate a new mortuary shall send to the department a written and verified application on a form prescribed by the board. The application must be accompanied by an initial inspection fee.   (b) The department shall inspect the proposed new mortuary and report its findings to the board.   (4) The board shall grant a license if the department determines that the proposed new facility meets the standards adopted by the board and will be operated by a person who has been issued a mortician's license.   (5) The board may grant a temporary license to a mortuary until the initial inspection is completed.   (6) A mortuary license may be transferred from one facility to another only when the proprietor of a licensed facility terminates services at the licensed facility and commences services at a new facility. The new facility must be inspected and must meet standards for operating mortuaries.   (7) A mortuary may be inspected by members of the board or their representatives during business hours.   History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(4); amd. Sec. 4, Ch. 298, L. 1989; amd. Sec. 6, Ch. 49, L. 2019.
MT Code § 37-19-403 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 4. Licensing of Mortuaries|37-19-403. Power of board to set facility standards -- inspection -- fees

  37-19-403. Power of board to set facility standards -- inspection -- fees. (1) The board may adopt rules prescribing reasonable standards for operating mortuaries, including minimum requirements for drainage, ventilation, and instruments. The board may inspect the premises of a mortuary establishment to determine if rules are complied with. Inspections are at the discretion of the board and may be without notice. An initial inspection is mandatory.   (2) The board may charge the operator an inspection fee, including an initial inspection fee, to be set at the discretion of the board. Fees must be commensurate with costs.   History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(part); amd. Sec. 51, Ch. 345, L. 1981; amd. Sec. 5, Ch. 298, L. 1989.
MT Code § 37-19-404 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 4. Licensing of Mortuaries|37-19-404. Repealed

  37-19-404. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(3); amd. Sec. 6, Ch. 298, L. 1989.
MT Code § 37-19-501 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 5. Remedies for Violation|37-19-501. Penalty provision

  37-19-501. Penalty provision. A person who violates this chapter is guilty of a misdemeanor.   History: En. Sec. 17, Ch. 41, L. 1963; R.C.M. 1947, 66-2717.
MT Code § 37-19-701 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-701. Purpose

  37-19-701. Purpose. The legislature finds that because the practice of crematory operation affects the lives of the people of this state and because some Montanans may exercise their right to choose cremation for themselves or a loved one, it is the purpose of this part to:   (1) provide standards for the licensing and regulation of crematoriums in order to protect the public health, safety, and welfare; and   (2) ensure the qualified and professional practice of crematory operation.   History: En. Sec. 1, Ch. 38, L. 1993.
MT Code § 37-19-702 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-702. Licenses required -- display of licenses -- renewal -- penalty for late renewal

  37-19-702. Licenses required -- display of licenses -- renewal -- penalty for late renewal. (1) A person doing business in this state or a cemetery, mortuary, corporation, partnership, joint venture, voluntary organization, or other entity that erects, maintains, or provides the necessary appliances and facilities for the cremation of human remains and that conducts cremations must be licensed by the board. The license must be displayed in a conspicuous place in the crematory facility.   (2) A crematory license expires on the date set by department rule and may be renewed upon payment of a fee set by the board. The fee must include the cost of annual inspection. If a crematory facility is attached to a licensed mortuary, only one inspection fee may be charged for inspection of both a mortuary facility under 37-19-403 and a crematory facility.   (3) A person in charge of a licensed crematory facility must be licensed as a crematory operator by the board. A person employed by a licensed crematory facility must be licensed as a crematory technician by the board. The license must be displayed in a conspicuous place in the crematory facility.   (4) Crematory operator and crematory technician licenses expire on the date set by department rule and may be renewed upon payment of a fee set by the board. On-the-job training must be provided to a crematory technician at the time of employment.   History: En. Sec. 4, Ch. 38, L. 1993; amd. Sec. 72, Ch. 429, L. 1995; amd. Sec. 60, Ch. 467, L. 2005.
MT Code § 37-19-703 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-703. Application -- power of board to set standards -- inspection -- fees

  37-19-703. Application -- power of board to set standards -- inspection -- fees. (1) Application for a crematory, crematory operator, or crematory technician license must be on forms prescribed by the board and must include the name of the applicant, name of the crematory facility, location of the crematory facility and its mailing address, and any further information the board requires. To be eligible for licensure:   (a) as a crematory facility, an application must include a description of the type of structure and equipment to be used in the operation of the crematory facility;   (b) as a crematory operator, an applicant must be at least 18 years of age, must be a high school graduate or have an equivalent degree, and must be of good moral character.   (2) The application must be accompanied by an application fee set by the board.   (3) The board must be notified of any change of ownership of a crematory within 30 days of the change.   (4) A license to operate a crematory in Montana may be issued only upon inspection of the crematory facility and upon a finding of compliance with standards for operation set by the board.   (5) A temporary permit may be issued to operate a crematory facility, as prescribed by board rule, that is effective until the initial inspection is completed to the board's satisfaction.   (6) A crematory facility may be inspected by a board member or the board's designated representative during business hours.   (7) The board shall adopt rules governing the cremation of human remains, the transportation of human remains, sanitation, equipment, fire protection, building construction, and recordkeeping.   (8) A crematory facility shall comply with all local building codes, environmental standards, and applicable state and local regulations.   (9) A new crematory facility shall pay an initial inspection fee, set by the board, that must accompany the application.   History: En. Sec. 5, Ch. 38, L. 1993.
MT Code § 37-19-704 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-704. Cremation authorization required -- identification

  37-19-704. Cremation authorization required -- identification. (1) Except as otherwise provided in this chapter, a crematory may not cremate human remains until it has received a cremation authorization.   (2) A crematory may not accept unidentified human remains.   (3) Appropriate identification must be placed upon the exterior of the cremation container upon receipt of the human remains.   History: En. Sec. 6, Ch. 38, L. 1993.
MT Code § 37-19-706 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-706. Disposition of cremated remains

  37-19-706. Disposition of cremated remains. (1) The person arranging the cremation shall require the authorizing agent to provide a signed statement that specifies the ultimate disposition of the cremated remains, if known.   (2) The authorizing agent is responsible for specifying the disposition of the cremated remains. If, after a period of 90 days from the date of cremation, the authorizing agent has not specified the ultimate disposition or claimed the cremated remains, the crematory or person in possession of the cremated remains is responsible for disposition of the cremated remains and may then dispose of the cremated remains in any manner permitted by law. A record of the disposition must be made and kept by the crematory operator. This subsection applies to all cremated remains in the possession of a crematory or other party.   (3) Except with the express written consent of the authorizing agent, a person may not:   (a) dispose of or scatter cremated remains in a manner or in a location that commingles the cremated remains with those of another person. The provisions of this subsection (3) do not apply to the scattering of cremated remains from individual containers over public waterways or by air or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for that purpose.   (b) place cremated remains of more than one person in the same closed container.   (4) Cremated remains must be delivered to the individual specified by the authorizing agent on the cremation authorization form.   (5) A representative of the crematory and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased and the date, time, and place of the delivery. The crematory shall retain a copy of the receipt, and the original must be given to the authorizing agent. After this delivery, the cremated remains may be transported, in this state, without a permit and disposed of in accordance with this chapter.   History: En. Sec. 8, Ch. 38, L. 1993.
MT Code § 37-19-707 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-707. Limitation of liability

  37-19-707. Limitation of liability. (1) A person signing a cremation authorization form shall warrant the truthfulness of any facts set forth in the form, including the identity of the deceased whose remains are to be cremated and the signer's authority to order cremation.   (2) A crematory, crematory operator, or crematory technician who properly cremates human remains, refuses to accept a body or perform a cremation, or refuses to release cremated remains due to an unresolved dispute is presumed to have acted properly and without negligence if the actions were performed in accordance with Title 37, chapter 19.   History: En. Sec. 9, Ch. 38, L. 1993.
MT Code § 37-19-708 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians|37-19-708. Preneed cremation authorizations

  37-19-708. Preneed cremation authorizations. (1) Preneed cremation authorizations may be made with a cemetery, funeral establishment, crematory, or any other party. Preneed authorizations must specify the ultimate disposition of the cremated remains, be signed by the authorizing agent, and meet other requirements established by board rule.   (2) A crematory operator or crematory technician shall comply with the terms of the preneed authorization in releasing or disposing of the cremated remains at the time of death.   (3) Upon payment for cremation and disposition, a crematory, crematory operator, or crematory technician in possession of a cremation authorization form and the deceased's human remains is not liable for the actual cremation and the disposition of the cremated remains if the terms of the preneed authorization have been complied with.   History: En. Sec. 10, Ch. 38, L. 1993.
MT Code § 37-19-801 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-801. Short title

  37-19-801. Short title. This part may be referred to as the "Perpetually Maintained Cemeteries and Funeral and Cemetery Trusts Act".   History: En. Sec. 3, Ch. 52, L. 1997; amd. Sec. 7, Ch. 49, L. 2019.
MT Code § 37-19-802 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-802. Purpose

  37-19-802. Purpose. The legislature declares that it is the public policy of this state to regulate privately owned, for-profit cemeteries to protect public health and promote financial stability through perpetual care and maintenance trusts, including the protection of money held in trust for prearranged funeral or related services.   History: En. Sec. 4, Ch. 52, L. 1997; amd. Sec. 8, Ch. 49, L. 2019.
MT Code § 37-19-803 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-803. Application of this part -- exceptions

  37-19-803. Application of this part -- exceptions. (1) This part applies to:   (a) all cemeteries and burial grounds located in the state of Montana unless the cemetery is owned and operated by:   (i) a church or similar religious organization;   (ii) a municipality or county government;   (iii) a family, as a private family burial ground where lots are not offered for sale; or   (iv) a community nonprofit association in which persons other than the bookkeeper and maintenance crew are not entitled to receive any pecuniary profit; and   (b) trust funds established for:   (i) cemetery perpetual care and maintenance funds; and   (ii) contracted prearranged funeral or related services under a preneed contract.   (2) This part does not apply to contracts for prearranged funeral or related services funded through insurance.   History: En. Sec. 5, Ch. 52, L. 1997; amd. Sec. 9, Ch. 49, L. 2019.
MT Code § 37-19-804 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-804. through 37-19-806 reserved

  37-19-804 through 37-19-806 reserved.
MT Code § 37-19-807 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-807. Powers and duties of board -- rulemaking

  37-19-807. Powers and duties of board -- rulemaking. (1) In administering this part, the board may conduct reasonable periodic, special, or other examinations of a cemetery or cemetery company, mortuary, branch establishment, or crematory.   (2) The examination may include but is not limited to:   (a) an inspection of the physical condition or appearance of the cemetery;   (b) an audit of the financial condition of the cemetery company, mortuary, branch establishment, or crematory and any trust funds maintained by those entities; and   (c) any other examinations the board considers necessary or appropriate in the public interest, including inspections in response to public complaints.   (3) The examinations must be made by members or representatives of the board and may include a certified or registered public accountant or any other person designated by the board. The cost of the examination may be charged to the cemetery company, mortuary, branch establishment, or crematory.   (4) The board may issue or amend permits to operate a cemetery in accordance with the provisions of this part.   (5) The board may require a cemetery company, a mortuary, a branch establishment, or a crematory to observe minimum accounting principles and practices and to keep books and records in accordance with the principles and practices for a period that the board may by rule prescribe.   (6) The board may require a cemetery company to provide additional contributions to the perpetual care and maintenance fund of the cemetery as provided in this part, including but not limited to contributions not to exceed $1,000 whenever a cemetery company fails to properly care for, maintain, or preserve a cemetery.   (7) The board may adopt rules to enforce the provisions of this part.   History: En. Sec. 6, Ch. 52, L. 1997; amd. Sec. 61, Ch. 467, L. 2005; amd. Sec. 10, Ch. 49, L. 2019.
MT Code § 37-19-808 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-808. Inspection of cemeteries and audit of cemetery companies

  37-19-808. Inspection of cemeteries and audit of cemetery companies. (1) For each cemetery examined or each cemetery company audited as provided in 37-19-807 and in accordance with this part, the cemetery company shall pay to the board a fee for each examination or audit as the board prescribes by rule. When an examination or inspection is ordered by the board, the cemetery company shall pay, at the state per diem rate, travel expenses, meals, and lodging for each day that a member of the board or an authorized examiner spends in examining the physical condition or appearance of a cemetery. Once audited, a cemetery company may not be required to submit to an audit at the request of the board for a period of 5 years unless complaints have resulted in a formal notice of disciplinary action by the department against the cemetery company.   (2) (a) In lieu of any financial examination that the board is authorized to make, the board may accept the audit of an independent certified or registered public accountant if the board has notified the cemetery company that the audit would be acceptable and the cemetery company has notified the board in writing that the audit will be prepared.   (b) The scope of the audit allowed under subsection (2)(a) must be at least equal to the scope of the examination required by the board.   History: En. Sec. 7, Ch. 52, L. 1997; amd. Sec. 11, Ch. 49, L. 2019.
MT Code § 37-19-809 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-809. through 37-19-813 reserved

  37-19-809 through 37-19-813 reserved.