(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.


History: 37-19-202, 37-19-703, 37-19-708, MCA; IMP, 37-19-703, 37-19-704, 37-19-707, 37-19-708, 37-19-903, MCA; NEW, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2020 MAR p. 670, Eff. 4/18/20.