Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.147 - BOARD OF FUNERAL SERVICE › Subchapter 24.147.23 - Unprofessional Conduct › Rule 24.147.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(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 preneed
				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) failing to exercise appropriate
				supervision of nonlicensed personnel;
(g) failing to exercise appropriate
				supervision of students working in the mortuary or branch establishment who are
				engaged in a clinical practicum as described in [SB 63 Section 1];
(h) allowing nonlicensed personnel to perform
				duties that are statutorily reserved for licensees or exempt students as
				described in [SB 63 Section 1];
(i)
				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;
(j) 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;
(k)
				failure to provide funeral goods that the consumer selected, or substitution of
				funeral goods or services without the consumer's knowledge or
				consent;
(l) violation of any of
				the provisions of Title 37, chapter 19, MCA, and/or ARM Title 24, chapter
				147;
(m) 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;
(n) 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;
(o) knowingly making
				any false statement on a certificate of death;
(p) 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;
(q) discriminating in services because of
				race, creed, color, national origin, or medical condition;
(r) knowingly making false statements
				regarding other licensees;
(s)
				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;
(t) removing or possessing dental gold,
				dental silver, or any other personal effects from deceased persons without
				specific written permission of the authorizing agent;
(u) 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;
(v)
				disposing of human remains in any manner not specified by the authorizing
				agent, or otherwise permitted by law;
(w) failure to deposit or keep on deposit,
				misapply, misappropriate, or to repay on valid demand, any and all moneys
				received in payment for preneed funeral goods or services;
(x) failure to comply with statutory or board
				requirements for preneed or prepaid arrangements, agreements, or trusts; or
				failure to disclose any material facts regarding preneed or prepaid
				arrangements, agreements, or trusts;
(y) 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
(z)
				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.