reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.21 - Renewals and Continuing Education › Rule 24.142.2101 - RENEWALS (Repealed)

Current through Register Vol. 13, July 5, 2024
37-73-102,
					 MCA; IMP,
					 37-1-403,
					 37-73-220,
					 MCA; NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13;
					 37-73-102,
					 MCA IMP:
					 37-1-403,
					 37-73-220,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.21 - Renewals and Continuing Education › Rule 24.142.2102 - CONTINUING EDUCATION SPONSORS AND COURSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-73-102,
					 MCA IMP:
					 37-73-102,
					 37-73-220,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.21 - Renewals and Continuing Education › Rule 24.142.2103 - CONTINUING EDUCATION CREDITS REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Each holder of an elevator mechanic
				license, a limited elevator mechanic license, or an elevator inspector license
				must complete at least eight hours of continuing education during the year
				immediately preceding the annual renewal. Continuing education must be related
				to installing, altering, repairing, or testing elevators, escalators,
				dumbwaiters, or other equipment subject to the provisions of
				50-60-704,
				MCA.
(2) Licensees must present
				valid completion certificates to the department upon request by the
				department.
AUTH:
					 37-73-102,
					 37-73-220,
					 MCA IMP:
					 37-73-102,
					 37-73-220,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.24 - Unprofessional Conduct › Rule 24.142.2401 - LICENSE DISCIPLINE

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the conduct set forth in
				37-1-410,
				MCA, the following conduct is also defined as unprofessional conduct:
(a) failure to correct violations cited by
				the department;
(b) failure to
				comply with state law relating to workers' compensation insurance, unemployment
				insurance, and independent contracting;
(c) failure to comply with continuing
				education requirements set forth in ARM
				24.142.2103;
(d) failure to comply with the permitting
				provisions set forth in 50-70-709, MCA, and ARM
				24.301.606;
(e) failure to request an inspection as
				provided in ARM 24.301.606;
(f)
				failure to provide proof of licensure upon request as prescribed in
				37-73-225,
				MCA;
(g) failure of a licensed
				elevator inspector to file condition reports as prescribed in ARM
				24.301.623;
(h) failure to notify the department of a
				material policy alteration or policy cancellation as required by
				50-60-716,
				MCA; and
(i) failure to comply with
				any law and rule governing elevator licensing program or the elevator
				code.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.3 - Definitions › Rule 24.144.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to the use of the listed
				  terms in Title 50, chapter 39, part 1, MCA, and in these rules:
(1) "Commercial general liability insurance"
				means insurance that covers bodily injury and property damage, personal and
				advertising injury and medical payments resulting from, but not limited to,
				premises/operations claims and products/completed operations claims.
(2) "ESA/NTS" means the Electronic Security
				Association/National Training School.
(3) "ESA/NTS" means the Electronic Security
				Association/National Training School.
(4) "Fire protection equipment" means the
				components of any fire alarm system, special agent fire suppression system, or
				fire extinguishing system.
(5)
				"National testing agency" means a certifying organization that has been
				approved by the department as having qualifications that are at least
				substantially equivalent to the requirements of this state for
				licensing.
(6) "Fire sprinkler
				system" means a fire extinguishing system.
AUTH:
					 50-39-107, MCA IMP:
					 50-39-101,
					 50-39-102,
					 50-39-103,
					 50-39-108,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.4 - General Provisions › Rule 24.144.402 - DUTY TO REPORT NAME, ADDRESS, AND OWNERSHIP CHANGES

Current through Register Vol. 13, July 5, 2024
(1) An entity licensed or individual endorsed
				shall report a change of name or address to the department within 15 days of
				the change. The entity or person shall also record the new name or address on
				the reverse side of the license and endorsement.
(2) An entity licensed shall report a change
				of ownership to the department within 15 days of the change.
AUTH:
					 50-39-107, MCA IMP:
					 50-39-101,
					 50-39-102,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.4 - General Provisions › Rule 24.144.403 - PROOF OF INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				issuance of a license and annually thereafter the entity shall obtain, maintain
				in full force and file with the department a full term commercial general
				liability insurance policy from an insurance company authorized to do business
				in the state of Montana and except as provided in (5), submit verification of
				workers' compensation insurance.
(2) An entity engaging in the business of
				servicing fire extinguishers shall submit a copy of commercial general
				liability insurance with a minimum limit per occurrence of $500,000 that
				includes premises/operations and products/completed operations coverage.
(3) An entity engaging in the
				business of selling, servicing or installing fire alarm systems, special agent
				fire suppression systems or fire extinguisher systems shall submit a copy of
				commercial general liability insurance with a minimum limit per occurrence of
				$1,000,000 that includes premises/operations and products/completed operations
				coverage.
(4) Failure to maintain
				liability insurance required under this chapter constitutes grounds for denial,
				suspension or revocation of a license.
(5) Sole proprietors or working members of a
				partnership who are on file with the Department of Labor and Industry as
				independent contractors, with no employees, need not submit workers'
				compensation but shall submit independent contractor exemption verification to
				the department.
AUTH:
					 50-39-107, MCA IMP:
					 50-39-102,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.4 - General Provisions › Rule 24.144.404 - DUPLICATE LICENSE OR ENDORSEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-3-102, MCA IMP:
					 37-1-134,
					 50-3-102,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.4 - General Provisions › Rule 24.144.411 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Endorsement to sell, service, or install
				fire alarm systems $100
(2)
				Endorsement to sell, service, or install special agent fire suppression systems
				100
(3) Endorsement to sell,
				service, or install fire extinguishing systems 100
(4) Business entity license 200
(5) Fireworks wholesaler permit 45
(6) Renewal of endorsement(s), regardless of
				the number of endorsements held by an individual 100
(7) Renewal of business entity license
				200
AUTH:
					 50-37-104,
					 50-39-107, MCA IMP:
					 50-37-104,
					 50-39-102,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.4 - General Provisions › Rule 24.144.415 - APPRENTICES-APPROVED PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-39-107, MCA IMP:
					 50-39-101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.5 - Licensing › Rule 24.144.501 - WHO MUST OBTAIN AN ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2), a person must obtain an endorsement from the
				department prior to selling, servicing or installing fire alarm systems,
				special agent fire suppression systems or fire extinguishing systems.
(2) The following persons need not
				obtain an endorsement:
(a) a manufacturer
				filling or charging a fire extinguisher prior to its initial sale.
(b) an apprentice, so long as the person
				performs the installation or service of fire protection equipment under the
				immediate personal supervision of a person holding an endorsement.
(c) an owner, manager or maintenance
				personnel making monthly inspections on their own facilities of fire
				extinguishers.
(d) an owner or
				occupant of a single family residence performing installation of fire
				protection equipment as long as the authority having jurisdiction approves the
				installation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.5 - Licensing › Rule 24.144.502 - EXAMINATION FOR ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall issue an endorsement for both non-pre-engineered and
				pre-engineered fire alarm systems, special fire agent suppression systems, or
				fire extinguishing systems to an individual who pays the required fee and
				submits satisfactory documentation that the applicant satisfies one of the
				following:
(a) currently holds the equivalent
				of endorsement in another jurisdiction (state, territory, federal government,
				federally-recognized tribe, country or local government) , provided that the
				applicant meets or exceeds the qualifications for endorsement in this
				state;
(b) has been issued a letter
				of certification, specific to the endorsement being sought:
(i) of NICET Level II or higher, or is a
				candidate for certification from NICET Level II or higher;
(ii) from ESA/NTS as a certified alarm
				technician level II or higher for a fire alarm systems endorsement;
				or
(iii) from any national testing
				agency approved by the department per ARM
				24.144.301; or
(c) is currently licensed as an
				engineer in any jurisdiction (state, territory, federal government,
				federally-recognized tribe, country or local government), that has licensure
				standards as stringent as or more stringent than those for licensure as an
				engineer in the state of Montana; or
(d) has successfully completed an
				apprenticeship program approved by the department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.5 - Licensing › Rule 24.144.503 - APPLICATION PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-39-107, MCA IMP:
					 50-39-102,
					 50-39-103,
					 50-39-105,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.7 - Fireworks Wholesalers › Rule 24.144.701 - FIREWORKS WHOLESALER PERMIT

Current through Register Vol. 13, July 5, 2024
(1)
				Applicants for fireworks wholesaler permits must submit an application , pay
				the appropriate fee, and meet the qualifications of
				50-37-104, MCA.
AUTH:
					 50-37-104, MCA IMP:
					 50-37-104,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.7 - Fireworks Wholesalers › Rule 24.144.702 - CONTENTS OF FIREWORKS WHOLESALE PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-37-104, MCA IMP:
					 50-37-104,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.21 - Continuing Education and Renewal › Rule 24.144.2101 - CONTINUING EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) Continuing
				education (CE) is education required in addition to the educational
				requirements for endorsement.
(2)
				The department will not pre-approve CE programs or sponsors. It is the
				responsibility of the endorsee to select quality programs that are related to
				the practice of installing or servicing fire protection equipment.
(3) Endorsees shall obtain a minimum of four
				hours (60 minutes per hour) annually and affirm an understanding of their
				recurring duty to comply with CE requirements as a part of license renewal. The
				CE requirement does not apply until an endorsee's first full year of
				endorsement.
(4) The department may
				randomly audit up to 50 percent of renewed endorsees.
(5) Endorsees shall retain documentation of
				CE completion for three years from the date of completion and provide such
				documentation to the department upon request.
(6) Continuing education hours or credits may
				not be carried over to any subsequent reporting period.
(7) Endorsees found to be in noncompliance
				with CE requirements may be subject to administrative suspension.
(8) The department accepts the following CE
				programs for CE credit:
(a) workshops,
				seminars and educational conferences sponsored by fire protection equipment
				manufacturers or trade associations;
(b) courses in specialized programs
				;
(c) correspondence course work
				;
(d) electronic or online
				instruction or course work ;
(e)
				any CE which has been obtained in another state that meets the requirements of
				Montana;
(f) college or vocational
				school course work which is germane to the profession and contributes directly
				to the professional competence of the endorsed individual, subject to the
				following limitations:
(i) remains the
				same.
(ii) one semester credit
				shall equal 15 hours of CE; and
(iii) one quarter credit shall equal 10 hours
				of CE.
(g) teaching
				courses that are germane to the profession. Credit units may be applied in this
				category based on a report by the endorsed individual. For a one-hour
				presentation, the presenter will be awarded two hours of CE. The following
				limitations shall apply to credit under this section:
(i) documentation must be submitted showing
				the endorsee as the instructor of the course;
(ii) the course must be addressed to endorsed
				individuals in order to qualify for credit;
(iii) a course outline must be provided to
				the department; and
(iv)
				instruction of any course may be submitted for CE only once.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.144 - FIRE PREVENTION AND INVESTIGATION AND FIREWORKS WHOLESALERS › Subchapter 24.144.21 - Continuing Education and Renewal › Rule 24.144.2102 - RENEWALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-141,
					 50-39-107, MCA IMP:
					 37-1-141,
					 50-39-102,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.1 - Organizational Rule › Rule 24.147.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Funeral Service adopts and incorporates the organizational rules of the
				Department of Labor and Industry as listed in chapter 1 of this
				title.
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.2 - Procedural Rules › Rule 24.147.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Funeral Service adopts and incorporates the procedural rules of the Department
				of Labor and Industry as listed in chapter 2 of this title.
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.2 - Procedural Rules › Rule 24.147.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Funeral Service adopts and incorporates the public participation rules of the
				Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-3-103, MCA IMP:
					 2-3-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.3 - Definitions › Rule 24.147.301 - CONTINUING EDUCATION DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-319,
					 37-19-202,
					 MCA; IMP,
					 37-1-306,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.3 - Definitions › Rule 24.147.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this chapter, the following definitions
				  apply:
(1) "Authorization for Removal,
				Transportation and Final Disposition of a Dead Body (ART) form" means the form
				developed by the Department of Public Health and Human Services per
				50-15-405,
				MCA, which provides:
(a) authorization for
				removal from place of death per
				50-15-405,
				MCA; and
(b) authorization from
				the coroner to cremate per
				46-4-122
				and
				50-15-405,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.401 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Facility
				application fees
(a) Mortuary $ 544
(b) Mortuary branch facility 544
(c) Crematory 544
(d) Cemetery 1813
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.402 - ORIGINAL MORTICIAN LICENSE - APPLICATION

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-19-202,
					 MCA; IMP:
					 37-1-131,
					 37-19-302,
					 37-19-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.403 - INSPECTIONS - MORTUARIES, BRANCH ESTABLISHMENTS, AND CREMATORIES

Current through Register Vol. 13, July 5, 2024
(1) A board-designated inspector will conduct
				annual on-site inspections of all existing licensed mortuaries, branch
				establishments, and crematories for compliance with board regulations.
(a) Inspections may be conducted with or
				without advance notice to the licensee.
(b) Results of the inspection will be
				provided to the licensee.
(c) If
				there are any items of noncompliance, the mortician-in-charge or crematory
				operator-in-charge must submit a written response to the board which addresses
				those items of noncompliance. The response must be received by the board within
				ten days of the licensee receiving notification of noncompliance.
(d) A report of significant noncompliance
				will be reviewed by the board screening panel per the department's standard
				compliance process.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.404 - FEE ABATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Funeral Service adopts and incorporates by reference the fee abatement rule of
				the Department of Labor and Industry found at ARM
				24.101.301.
37-1-131,
					 MCA; IMP,
					 17-2-302,
					 17-2-303,
					 37-1-134,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.405 - EXAMINATION

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-19-202,
					 MCA; IMP:
					 37-1-131,
					 37-19-302,
					 37-19-303,
					 37-19-304,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.406 - FEDERAL TRADE COMMISSION REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1) For
				the purpose of defining unprofessional conduct, the board adopts and
				incorporates by reference the Federal Trade Commission (FTC) Funeral Industry
				Practice Rules, 16 CFR 453 (1997), known as "the funeral rule," which, in
				general, requires those who meet the FTC definition of "funeral provider" to
				furnish price information and make other affirmative disclosures to consumers.
				The FTC rules are available from the FTC web site at
www.ftc.gov
or at the board office at 301 South Park
				Avenue, P.O. Box 200513, Helena, MT 59620-0513.
(2) The "funeral rule" applies to any
				licensed person or licensed entity providing both "funeral goods" and "funeral
				services," as those terms are defined by the federal regulations and apply to
				both pre-need and at-need funeral arrangements.
(3) Licensees shall immediately report to the
				board any citations the licensee receives from the FTC.
(4) Price lists and completed Statements of
				Funeral Goods and Services Selected shall be maintained and available for
				inspection for three years from the date of the arrangement conference, rather
				than one year as contemplated by the FTC.
37-1-136,
					 37-19-202,
					 37-19-403,
					 MCA; IMP,
					 37-1-136,
					 37-19-403,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.407 - NAME CHANGE, CLOSURE, TRANSFER, OR CHANGE OF OWNERSHIP - MORTUARY, BRANCH ESTABLISHMENT, CREMATORY, OR CEMETERY

Current through Register Vol. 13, July 5, 2024
(1)
				Using forms provided by the department, mortuaries, branch establishments,
				crematories, and cemeteries must notify the board within ten days of any of the
				following occurring:
(a) change of business
				name;
(b) closure;
(c) transfer, as defined in
				37-19-402,
				MCA, or relocation; or
(d) change
				of ownership as defined in these rules.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.408 - TRANSPORTATION AND CUSTODY OF HUMAN REMAINS

Current through Register Vol. 13, July 5, 2024
(1) Authorization to remove and transport a
				body from place of death must be made by a physician, physician designee,
				advanced practice registered nurse, coroner, or mortician per
				50-15-405,
				MCA.
(2) Once removal is
				authorized, only a coroner, mortician, or nonlicensed personnel under the
				supervision of the mortician-in-charge may transport the body.
(3) The body must be transported:
(a) to a mortuary;
(b) to a coroner's morgue; or
(c) directly to a crematory or cemetery in
				cases in which direct cremation or burial is legally permissible and
				authorized.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.409 - CHANGE OF MORTICIAN-IN-CHARGE OR CREMATORY OPERATOR-IN-CHARGE

Current through Register Vol. 13, July 5, 2024
(1) When there is a change of
				mortician-in-charge at a mortuary or branch establishment or a crematory
				operator-in-charge at a crematory, the following must occur:
(a) the mortician or crematory operator who
				has ceased to be the person-in-charge will be held responsible for notifying
				the board of termination of services; and
(b) the mortuary or branch establishment or
				crematory must designate a new person-in-charge and notify the board within ten
				days.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.410 - NONLICENSED PERSONNEL

Current through Register Vol. 13, July 5, 2024
(1) Nonlicensed
				personnel must be supervised by the mortician-in-charge of the mortuary or
				branch establishment.
(2) The
				mortician-in-charge assumes full legal and ethical responsibility for tasks
				performed by nonlicensed personnel.
(3) The mortician-in-charge is responsible
				for determining the competency of nonlicensed personnel to perform tasks under
				direction and supervision.
(4) No
				mortician can delegate any responsibilities statutorily reserved for a
				mortician to nonlicensed personnel.
AUTH:
					 37-1-131,
					 37-19-202,
					 MCA; IMP:
					 37-1-131,
					 37-19-402,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.411 - CONTRACT FOR FUNERAL GOODS AND SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The current address, telephone number and
				name of the board of funeral service shall appear prominently on any contract
				for funeral goods and services offered by a private cemetery, crematory or
				mortuary. At a minimum, the information shall be in 10-point boldface type and
				make the following statement: "FOR MORE INFORMATION ON STATE CEMETERY,
				CREMATION AND MORTUARY REGULATIONS CONTACT: BOARD OF FUNERAL SERVICE, 301 SOUTH
				PARK, P.O. BOX 200513, HELENA, MT 59620-0513; TELEPHONE NUMBER (406)
				841-2393."
(2) Every contract of a
				cemetery authority, including contracts executed in behalf thereof by a
				cemetery broker or salesman, which provides for the sale by the cemetery
				authority of an interment plot or any service or merchandise, shall be in
				writing and shall contain all of the agreements of the parties. Such a contract
				shall include and disclose the following:
(a)
				the total contract price;
(b) terms
				of payment, including any promissory notes or other evidences of indebtedness;
				and
(c) an itemized statement of
				charges including, as applicable, the following:
(i) charges for an interment plot;
(ii) charges for performing burial,
				entombment or inurnment;
(iii)
				charges for a monument or marker;
(iv) charges for any services to be rendered
				in connection with any religious or other observance at the site of interment
				or in any facility maintained by the cemetery;
(v) amounts to be deposited in the perpetual
				care and maintenance or special care fund; and
(vi) any other charges, which shall be
				particularized.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.412 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The person in charge of any premises on
				which interments or cremations are made shall keep a record of all remains
				interred or cremated and of the interment of remains on the premises under the
				person's charge, in each case stating the name of each deceased person, place
				of death, date of interment, name and address of the mortician and location of
				grave, niche or crypt.
(2) A record
				shall be kept of the ownership of all plots in the cemetery which have been
				conveyed by the cemetery authority and of all transfers of plots in the
				cemetery. Transfer of any plot, heretofore or hereafter made, or any right of
				interment, shall be complete and effective when recorded on the books of the
				cemetery authority.
37-19-807,
					 MCA; IMP,
					 37-19-807,
					 37-19-823,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.414 - NONROUTINE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of processing nonroutine applications, the board incorporates the definitions
				of routine and nonroutine at ARM
				24.101.402 by reference.
(2) Nonroutine applications must
				be reviewed and approved by the board before a license may be issued.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.4 - General Provisions › Rule 24.147.415 - APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board incorporates ARM
				24.101.406 by reference with no
				modifications.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.501 - OUT-OF-STATE MORTICIAN LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				licensure as morticians who are currently licensed in another state or
				jurisdiction must submit a completed application on forms provided by the
				department. Completed applications include appropriate fees and required
				documentation.
(2) Applicants must:
(a) hold a current, active license in good
				standing in another state or jurisdiction to practice under a funeral service
				scope of practice recognized in Montana. At the time of application, the
				standards of that state or jurisdiction must be substantially equivalent to
				Montana standards;
(b) provide
				verification of any professional license(s) the applicant has ever held in any
				state or jurisdiction;
(c) have
				been actively engaged in practice during the period of licensure for five of
				the last seven years, or have passed the national examination within the
				timeframe described in ARM [24.147.509 ]; and
(d) pass the state jurisprudence examination
				as described in ARM [24.147.509].
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.502 - INACTIVE STATUS AND CONVERSION TO ACTIVE STATUS

Current through Register Vol. 13, July 5, 2024
(1) A person holding an individual license
				may request inactive status on the renewal form or by informing the board
				office in writing and paying the appropriate fee. The inactive licensee must
				keep the board informed of any change of address during the period of time the
				license remains on inactive status. Inactive licensees must pay the inactive
				renewal fee annually to avoid expiration or termination of the
				license.
(2) A licensee may not
				practice as a mortician, funeral director, crematory operator, or crematory
				technician in Montana while the license is in an inactive status.
(3) Upon written request and payment of the
				appropriate fee, the board staff may approve a request to convert an inactive
				license to an active status if the applicant:
(a) presents satisfactory evidence that the
				applicant has attended six hours of approved continuing education which comply
				with the continuing education rules of the board for each year or portion of a
				year that licensee has been inactive, not to exceed 12 hours;
(b) submits certification from the licensing
				body of all jurisdictions where the applicant is licensed or has practiced that
				the applicant is in good standing and has not had any disciplinary actions
				taken against the applicant's license, or if the applicant is not in good
				standing by that jurisdiction, an explanation of the nature of the violation(s)
				resulting in that status, including the extent of the disciplinary treatment
				imposed; and
(c) successfully
				completes a Montana jurisprudence examination if the applicant has been on
				inactive status for more than five years.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.503 - CONDITIONAL PERMISSION TO PRACTICE WHILE ON INACTIVE STATUS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-19-202,
					 MCA; IMP,
					 37-19-316,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.504 - MORTICIAN INTERNSHIP

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a mortician internship shall make application as provided at ARM
				24.147.402. To qualify for a
				regular mortician's license, the intern shall complete the requirements set
				forth in this rule. The board shall recognize internships served in other
				jurisdictions that are substantially equivalent to the internship requirements
				in this rule.
(2) An intern must be
				an employee at a licensed mortuary under the supervision of a licensed
				mortician and assist in the complete funeral (embalming, dressing, arrangement
				of funeral) of at least 25 bodies over a period of at least one year, but no
				more than three years after passing the jurisprudence examination.
(3) In order to receive credit, an intern
				must serve for a continuous six-month period under the supervision of the same
				licensed mortician. The board may waive this requirement in cases involving
				closure of firm, hardship due to illness or death of supervising mortician,
				illness of intern, or such other emergency.
(4) The intern and supervisor each shall
				report to the board any change of sponsoring mortician within ten
				days.
(5) If after three years from
				passing the jurisprudence exam, the internship has not been completed, the
				intern may apply for reexamination of state law and rules, and upon passing,
				begin the internship anew. No credit will be given for prior time served in an
				internship.
(6) An intern mortician
				may perform all the duties and functions of a licensed mortician, as allowed
				and directed by the supervising mortician. Despite the supervising mortician
				having responsibility for the professional actions of the intern, as prescribed
				in Title 37, chapter 1, MCA, the board may take action to revoke, suspend, or
				discipline an intern license.
(a)
				"Supervision" has the meaning set forth in
				37-19-101,
				MCA, and means the extent of oversight that a mortician believes an intern
				requires, based upon the intern's training, experience, judgment, and
				professional development. At a minimum, the term requires the supervisor, or in
				limited absences of the supervisor, a delegated licensed mortician to be
				available for consultation on all client-related activity performed by the
				intern, and requires direction, observation, and evaluation on a regular
				basis.
(b) Failure to appropriately
				supervise an intern may result in disciplinary action against the supervising
				mortician.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.505 - RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) The department will renew licenses as
				specified in
				37-1-141,
				MCA, ARM 24.101.408,
				24.101.413, and
				24.101.414.
(2) The renewal date for cemeteries is a
				five-year period set by
				37-19-814,
				MCA. A "five-year period" means every five years beginning on July 1, 2000. The
				department will not prorate the application or license fee of newly issued
				licenses obtained prior to the expiration of a five-year period.
37-19-202,
					 MCA; IMP,
					 37-1-141,
					 37-19-301,
					 37-19-814,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.506 - RENEWAL OF CEMETERY LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-19-814,
					 MCA; IMP,
					 37-19-814,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.507 - MORTICIAN LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				licensure not currently licensed in another state or jurisdiction must submit a
				completed application on forms provided by the department. Completed
				applications include appropriate fees and required documentation.
(2) Applicants must have a minimum of an
				associate degree in funeral service or mortuary science from a program
				accredited by the American Board of Funeral Service Education (ABFSE) or its
				successor which consists of a minimum of 60 semester credits or 90 quarter
				credits. All transcripts must be certified and sent directly from the
				school(s).
(3) Exceptions to the
				education requirements in (2) are as follows:
(a) if an applicant graduated or attended a
				foreign school or university instead of obtaining the required education from
				an accredited U.S. school or university as described in (2), the applicant must
				submit transcripts or other official documentation which will be evaluated by
				the board; and
(b) per ARM
				24.147.508,
				relevant military training, service, or education which will be evaluated by
				the board.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.508 - MILITARY TRAINING OR EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				37-1-145,
				MCA, the board shall accept relevant military training, service, or education
				toward the requirements for licensure as morticians, mortician interns,
				crematory operators, and crematory technicians.
(2) Relevant military training, service, or
				education must be completed by an applicant while a member of either:
(a) United States armed forces;
(b) United States reserves;
(c) state national guard; or
(d) military reserves.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.5 - Morticians and Interns › Rule 24.147.509 - EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) Morticians and interns must pass the
				following examinations:
(a) the National
				Board Examination of the International Conference of Funeral Service Examining
				Boards within five years prior to the date of application; and
(b) a jurisprudence examination prescribed by
				the board covering the statutes and rules governing the practice of funeral
				service in Montana.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.9 - Mortuary Requirements › Rule 24.147.901 - MORTUARY AND BRANCH ESTABLISHMENT OPERATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) A mortuary or branch establishment cannot
				operate unless:
(a) a license or temporary
				permit has been issued to the current owner; and
(b) there is a designated mortician-in-charge
				as per these rules. The board must be notified of any change of
				mortician-in-charge per the requirements of [24.147.409 ].
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.9 - Mortuary Requirements › Rule 24.147.902 - DISCLOSURE STATEMENT ON EMBALMING

Current through Register Vol. 13, July 5, 2024
(1) As
				required by the FTC Funeral Rule, all funeral providers shall add the following
				statement next to the price for embalming on the funeral provider's General
				Price List (GPL): "Except in certain special cases, embalming is not required
				by law. Embalming may be necessary, however, if you select certain funeral
				arrangements such as a funeral with viewing. If you do not want embalming, you
				usually have the right to choose an arrangement that does not require you to
				pay for it, such as direct cremation or immediate burial."
(2) Except as authorized by a state or local
				health officer, health regulations set forth at ARM Title 37, chapter 116, part
				1, require either refrigeration or embalming after certain periods of time
				during which the body will be en route during transportation. A funeral
				provider that has refrigeration must give the consumer the option of either
				refrigeration or embalming.
37-19-202,
					 MCA; IMP,
					 37-19-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.9 - Mortuary Requirements › Rule 24.147.903 - NAME CHANGE, CLOSURE, OR SALE OF FACILITY

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-19-202,
					 37-19-403,
					 37-19-703,
					 37-19-816,
					 MCA; IMP:
					 37-19-402,
					 37-19-403,
					 37-19-703,
					 37-19-816,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.9 - Mortuary Requirements › Rule 24.147.904 - MORTUARY AND BRANCH ESTABLISHMENT LICENSES AND TEMPORARY PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Applicants for licensure as a mortuary or
				branch establishment must submit a completed application on forms provided by
				the department. Completed applications include appropriate fees and required
				documentation.
(2) Applicants for
				licensure as a mortuary must:
(a) designate a
				mortician-in-charge;
(b) apply for
				a temporary permit; and
(c) once a
				temporary permit has been issued, pass an initial inspection by a
				board-designated inspector. The inspection is based on the operation standards
				described in these statutes and rules.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.11 - Crematories, Crematory Operators, and Crematory Technicians › Rule 24.147.1101 - CREMATORY LICENSES, TEMPORARY PERMITS, AND OPERATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Crematories may not operate unless they
				have:
(a) been issued a license or temporary
				permit; and
(b) designated a
				crematory operator-in-charge per these rules. The board must be notified of any
				change of crematory operator-in-charge per the requirements of [24.147.409
				].
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.11 - Crematories, Crematory Operators, and Crematory Technicians › Rule 24.147.1102 - CASKET/CONTAINERS

Current through Register Vol. 13, July 5, 2024
(1) All caskets and alternative containers
				holding human remains presented at a crematory for cremation shall:
(a) be closed to provide a complete covering
				for the human remains;
(b) be
				composed of readily combustible materials suitable for cremation;
(c) be resistant to leakage or
				spillage;
(d) be sufficiently rigid
				for handling with ease;
(e) provide
				protection for the health and safety of crematory personnel; and
(f) have the name of the deceased affixed to
				it in a permanent, plainly visible manner.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.11 - Crematories, Crematory Operators, and Crematory Technicians › Rule 24.147.1103 - SHIPPING CREMATED HUMAN REMAINS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-19-202,
					 37-19-703,
					 MCA; IMP,
					 37-19-705,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.11 - Crematories, Crematory Operators, and Crematory Technicians › Rule 24.147.1105 - CREMATORY RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Crematories
				must maintain permanent records of all cremations.
(2) Each cremation record must consist of the
				following:
(a) ART form as defined in ARM
				24.147.302;
(b) cremation authorization form as described
				in ARM
				24.147.1107;
(c) disposition directions from a prepaid
				funeral contract as described in
				37-19-903,
				MCA;
(d) a cremation log including,
				but not limited to the following information:
(i) decedent's name;
(ii) date and time the body was received by
				the crematory;
(iii) metal tag
				number;
(iv) date(s) and times of
				refrigeration, if applicable;
(v)
				date and starting time of cremation; and
(vi) name(s) and license number(s) of the
				crematory operator(s) and/or technician(s) who performed the
				cremation;
(e) copy of
				the form containing all the information required under
				37-19-706(5),
				MCA; and
(f) if applicable,
				shipping and tracking information as required by
				37-19-705(13),
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.11 - Crematories, Crematory Operators, and Crematory Technicians › Rule 24.147.1107 - CREMATION AUTHORIZATIONS

Current through Register Vol. 13, July 5, 2024
(1) A cremation
				authorization form as defined in ARM
				24.147.302
				must include:
(a) full identification of the
				decedent;
(b) warranty of positive
				identification of the decedent by the authorizing agent or personal
				representative of the authorizing agent;
(c) the authorizing agent's relationship to
				the deceased;
(d) the superiority
				of the authorizing agent's authority among competing rights to act per
				37-19-904,
				MCA;
(e) disclosure by the
				authorizing agent of any potentially hazardous implants or other medical
				devices;
(f) disclosures and
				authorizations regarding the casket or alternative container as described in
				ARM
				24.147.1102;
(g) disclosures and authorizations regarding
				multiple cremations per
				37-19-705,
				MCA;
(h) disclosures and
				authorizations regarding witnessing;
(i) disclosures and descriptions regarding
				the cremation process;
(j)
				authorization by the authorizing agent to cremate;
(k) disclosures and selections regarding
				containers;
(l) disclosures,
				authorizations, and selections regarding final disposition of cremated remains;
(m) directions regarding
				disposition of personal property;
(n) disclosures regarding the time and place
				of cremation and whether the decedent is to be embalmed;
(o) a release from liability per
				37-19-707,
				MCA; and
(p) if applicable,
				certification by a mortician on behalf of a mortuary that:
(i) the remains presented to the crematory
				are those of the decedent identified by the authorizing agent;
(ii) the mortician has taken reasonable
				precautions to ensure the removal of any hazardous implants; and
(iii) the personal property identified in the
				cremation authorization has been removed from the remains of the decedent and
				delivered to the authorizing agent..