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24.147.502    INACTIVE STATUS AND ACTIVATION

(1) A licensee may place the license on inactive status by either indicating on the renewal form that inactive status is desired, or by informing the board office, in writing, that an inactive status is desired, and paying the appropriate fee. It is the sole responsibility of the inactive licensee to keep the board informed as to any change of address during the period of time the license remains on inactive status. Inactive licensees must pay the renewal fee annually to maintain license status.

(a) A mortician, funeral director, crematory operator, or crematory technician who has maintained valid licensure in the state of Montana for a period greater than 49 years may request that their license be placed on inactive "emeritus" status. An inactive emeritus licensee will be exempt from payment of any fee for annual renewal of their inactive license; but all other provisions and procedures relating to inactive status and reinstatement to active status will apply. The board, at its discretion, may provide other recognition or distinction for emeritus licensees.

(2) A licensee may not practice any mortician, funeral director, intern, crematory operator or crematory technician work in the state of Montana while the license is in an inactive status.

(3) Upon application and payment of the appropriate fee, the board may activate an inactive license if the applicant does each of the following:

(a) signifies to the board, in writing, that upon issuance of the active license, the applicant intends to be an active practitioner in the state of Montana;

(b) presents satisfactory evidence that the applicant has attended six hours of continuing education which comply with the continuing education rules of the board for each year or portion of a year that licensee has been inactive, not to exceed 12 hours;

(c) submits certification from the licensing body of all jurisdictions where the applicant is licensed or has practiced that the applicant is in good standing and has not had any disciplinary actions taken against the applicant's license, or if the applicant is not in good standing by that jurisdiction, an explanation of the nature of the violation(s) resulting in that status, including the extent of the disciplinary treatment imposed; and

(d) successfully completes a Montana state rule examination, if applicant has been on inactive status for more than five years.

(4) The board may grant conditional permission, not to exceed one year, allowing the applicant to practice while obtaining the required continuing education hours set forth above. No extension of the one year conditional practice permission shall be granted.

History: 37-1-131, 37-1-319, 37-19-202, MCA; IMP, 37-1-319, MCA; NEW, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.

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