(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 ARM 24.147.409.

(2) To qualify for licensure as a mortuary or branch establishment, applicants must meet the minimum licensing requirements described in these statutes and rules. Minimum licensing requirements include the operation standards in (3) through (8) of this rule and ARM 24.147.904.

(3) Mortuary and branch establishment preparation rooms must be maintained in a clean and sanitary condition at all times and meet the following minimum requirements:

(a) tile, concrete, or other nonporous, washable material covering the walls and floor, from wall-to-wall, in a manner to allow cleaning and disinfection of these surfaces;

(b) no articles other than those necessary for the preparation of dead human bodies;

(c) privacy coverings on doorways and windows that prevent viewing of the room or its contents;

(d) restricted access to persons authorized by a licensed mortician or intern and a clearly labeled entrance as "private," "authorized persons only," or "no admittance";

(e) proper ventilation in accordance with Occupational Safety and Health Administration's (OSHA) Formaldehyde Standard 29 CFR 1910.1048;

(f) tables, hoppers, sinks, receptacles, instruments, or other appliances thoroughly cleansed and disinfected immediately at the conclusion of each preparation;

(g) infectious wastes properly labeled and disposed of in accordance with Title 75, chapter 10, part 10, MCA;

(h) preparation room effluents discharged via a sewage connection to publicly owned treatment works (POTW), or, if not connected to a POTW, a groundwater discharge permit, or evidence from an applicable county regulator or state Department of Environmental Quality that a groundwater discharge permit is not required; and

(i) hand washing facilities and signs requiring all personnel to wash hands during and after handling any nondisinfected object or material.

(4) A branch establishment with no preparation room may not prepare dead human bodies. The only authorized activities that may occur in a branch establishment without a preparation room include:

(a) making at-need and preneed funeral arrangements;

(b) viewing; and

(c) funeral services.

(5) Preparation of human remains for final disposition must be performed in a preparation room of a licensed mortuary or branch establishment. The only exception is that washing, dressing, and casketing may be provided by a person with the right of disposition under 37-19-904, MCA.

(6) Funeral arrangements, including preneed and at-need, can only be made in a licensed mortuary or branch establishment unless the consumer making the initial contact requests otherwise.

(7) Mortuaries and branch establishments must display the facility license and licenses of all licensed staff in a conspicuous place so they can be seen by members of the public. Personal addresses on licenses may be covered.

(8) Mortuaries and branch establishments must obtain and maintain for inspection all applicable local, state, and federal permits or licenses, including, but not limited to, those relating to:

(a) business;

(b) zoning;

(c) building codes (including plumbing, electrical, and mechanical);

(d) air quality; and

(e) water quality.

(9) The handling and disposal of all medical, hazardous, or infectious waste must be in accordance with federal, state, and local laws and regulations, including, but not limited to:

(a) OSHA Bloodborne Pathogen Standard, 29 CFR 1910.1030;

(b) Hazard Communication Standard, 29 CFR 1910.1200;

(c) Personal Protective Equipment Standard, 29 CFR 1910.132;

(d) U.S. Department of Transportation Hazardous Material Regulations, 49 CFR Part 171; and

(e) Hazardous Waste Management and Infectious Waste Management Acts, Title 75, chapter 10, parts 4 and 10, MCA.


History: 37-19-202, 37-19-403, MCA; IMP, 37-19-101, 37-19-401, 37-19-402, 37-19-403, 37-19-904, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2018 MAR p. 440, Eff. 2/24/18.