37.116.101    DEFINITIONS

For the purpose of this chapter, the following definitions apply:

(1) "Alternative container" means any receptacle or enclosure which:

(a) is of sufficient strength to be used to hold and to transport a dead human body;

(b) is able to be closed to provide a complete covering for the human remains;

(c) is resistant to leakage or spillage;

(d) minimizes the exchange of air between the inside and outside of the container; and

(e) is able to provide protection for the health and safety of persons handling the container.

(2) "Common carrier" means a person or organization that offers to the public, transportation of people and/or materials for compensation, including railroads, airlines, or other public transportation.

(3) "Coroner" means a county coroner elected or appointed pursuant to 7-4-2203 , MCA.

(4) "Department" means the department of public health and human services.

(5) "Destination" means a cemetery, crematorium, or other place of ultimate disposition of a dead human body.

(6) "Embalming" means the preservation and disinfection of the dead human body by application of chemicals, externally, internally, or both.

(7) "Health care facility" has the meaning provided in 50-16-1003 , MCA.

(8) "Health care provider" has the meaning provided in 50-16-1003 , MCA, including but not limited to a physician, nurse, or emergency medical technician.

(9) "Infectious disease" means any of the following:

(a) meningococcal meningitis;

(b) communicable pulmonary tuberculosis;

(c) human immunodeficiency virus (HIV) infection;

(d) hepatitis B, C, or D; and

(e) any disease attributed to a specific bacterial, parasitic, or other agent recognized by the Control of Communicable Diseases Manual as transmitted person to person by an aerosol or by contact with infectious blood or body fluids. The department hereby adopts and incorporates by reference the Control of Communicable Diseases Manual published by American Public Health Association, 16th edition, 1995, which specifies the modes of transmission for communicable diseases. The portions of the manual that will be used are those identifying the diseases transmittable by the foregoing means. A copy of the manual may be obtained from the American Public Health Association, 1015 15th Street, NW, Washington, DC 20005.

(10) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board of health or the board of a multijurisdictional service district formed pursuant to Title 7, chapter 11, part 11, MCA, to provide health services.

(11) "Mortuary" means a facility licensed pursuant to Title 37, chapter 19, MCA.

(12) "Private conveyer" means any entity other than a common carrier that transports a dead human body, including but not limited to, a mortuary or an ambulance service.

(13) "Transport" means to carry a dead human body from one location to another.

History: Sec. 50-1-202, 50-16-701 and 50-16-705, MCA; IMP, Sec. 50-1-202, 50-16-701 and 50-16-705, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; AMD, 1987 MAR p. 2147, Eff. 11/28/87; TRANS & AMD, from DHES, 1999 MAR p. 345, Eff. 2/26/99.