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(1) Morticians with active licenses, beginning with their first full year of licensure, shall complete a minimum of 12 hours of approved continuing education in a two-year period, beginning July 1, 2015, with a minimum of three hours addressing the FTC funeral rule, federal or state regulations governing safety and sanitation of funeral services practice, board rules governing funeral trusts, or funeral services ethics. The board will conduct the first audit under this rule after July 1, 2015, and every odd-numbered year thereafter. Morticians with active licenses licensed less than two full years on their first audit must provide proof of six hours of continuing education.

(2) Compliance with the requirements of continuing education is a prerequisite for license renewal as evidenced by the renewal applicant's affirmation on his or her renewal form, subject to random audit.

(3) Except as provided in ARM 24.147.2102, the board will not preapprove continuing education courses or sponsors. It is the responsibility of licensees to select courses which meet the criteria set forth in this rule.

(4) To be approved, continuing education courses must meet the following criteria:

(a) as its primary objective the protection of the health, safety, and welfare of the public, and deal primarily with the scope of practice, professional conduct, or ethical obligations of the license held. The board shall not allow credit for courses where the principal purpose of the course is to promote, sell, or offer goods, products, or services to funeral providers, or to promote the personal interests of the licensees;

(b) be conducted or written by an individual or group qualified by practical or academic experience; and

(c) must provide the licensee with documentation of successful program completion and attendance, including:

(i) full name and qualifications of the presenter;

(ii) title of the presentation attended;

(iii) number of hours and date of each presentation attended;

(iv) name of sponsor; and

(v) description of the presentation format.

(5) The board may accept hours from other organizations not listed in ARM 24.147.2102 if the course meets the criteria in (4).

(6) Funeral service board members may receive continuing education credit by attending a regularly scheduled board meeting.

(7) Licensees may earn up to three hours per year by self-study, audio, video, internet-based, or other activity as long as the licensee passes a test on the materials as evidenced by a certificate of completion.

(8) The board may randomly audit ten percent of the licenses held by persons subject to the continuing education requirement each year and require the selected licensees to provide copies of completion certificates to the board as verification of compliance.

(9) Licensees found to be in noncompliance are subject to disciplinary action against their licenses. Licensees may not apply continuing education hours used to complete delinquent continuing education plan requirements for the next continuing education reporting period.

(10) Upon request of a licensee, the board may grant a waiver for extenuating circumstances of certified illness or undue hardship.

(11) The burden is on the licensee to satisfy the requirements of this rule. The licensee shall maintain documentation of completion of continuing education for two years following the renewal cycle in which the hours were reported.

(12) Continuing education credits required by disciplinary order shall not be used to satisfy the biannual requirement.

History: 37-1-319, 37-19-202, MCA; IMP, 37-1-131, 37-1-306, 37-1-319, MCA; NEW, 1983 MAR p. 273, Eff. 4/1/83; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

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