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24.147.2303    FREEDOM OF CHOICE RIGHTS OF NEXT OF KIN AND FAMILY

(1) No public officer or employee, or the official of any public institution, or physician or surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to any funeral establishment or to any person licensed for the practice of funeral service the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of such decedent.And if any such kin be found, his or her authority and directions shall govern.

(2) No company, corporation or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition or other similar expenses of the deceased members or of certificate holders therein, or engaged in the business of providing any insurance upon the life of any individual, under which contract of insurance any obligation might or could arise to care for the remains of the insured, shall contract to pay or shall pay any such insurance or such benefits, or any part of either such insurance or benefits, to any funeral establishment or to any licensee or to any individual in any manner which might or could deprive the representative, next of kin or family of such deceased person from, or in way control them in procuring such funeral establishment, person licensed for the practice of funeral service or other proper and competent person to perform such necessary and proper services, and to furnish supplies as may be necessary and proper to care for the remains of such decedent as such representative, next of kin or family may desire.

(3) No person licensed for the practice of funeral service or anyone acting for him or her shall have any part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part thereof is given for anatomical purposes.

History: 37-1-136, 37-19-202, MCA; IMP, 37-1-136, 37-19-311, 37-19-404, MCA; NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790.

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