24.147.902    DISCLOSURE STATEMENT ON EMBALMING

(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.

History: 37-19-202, MCA; IMP, 37-19-315, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; 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.