Board Information

Welcome to the Montana Board of Funeral Service

Mission Statement: The mission of the Board of Funeral Service is protect the health, safety and well-being of Montana citizens through the regulation and oversight of funeral industry professionals and facilities.

 

On this website you can: verify who is currently licensed in the state; find out how to file a complaint; access the laws that regulate the industry; and apply to become licensed as a mortician, mortician intern, crematory operator, crematory technician, mortuary, mortuary branch establishment, crematory, and/or a private, for-profit cemetery.

 

The board makes every effort to include relevant and current information pertaining to licensing and regulation on our website.  Please contact us if you need additional information, or to provide comments on how we can improve the website.

Contact the board at dlibsdfnr@mt.gov or 406-841-2394 if you have any questions.

Recent Rulemaking Activities
Visit Rule Notices under the Regulations tab for more details on filed rule packages. You can also contact the board at 406-841-2394 if you have any questions.

  • On 12/5/18 the board will continue discussion and vote whether to proceed with proposing potential amendments to rules pertaining to crematory operators, crematory technicians, and change of ownership/notification of preeneed agreement holders. This meeting is open to the public. If the board does vote to proceed the proposed rule changes will go out for public comment. Click on the meeting under "Board Events" for more information.
  • MAR 24-147-39 - The board proposed various changes to rules pertaining to licensing, continuing education, and unprofessional conduct in MAR 24-147-39. Changes took effect on 2/24/18.

Make Sure Your Contact Information is Current

  • Make sure your address and e-mail information are up-to-date. You can update your information at any time by logging into your online account.
  • E-mail is the board's primary form of communication so a current e-mail helps ensure you stay current on board information.

 

 

 

Contact Information

Board Management:
Lucy Richards, Executive Officer
Board Management Bureau
Phone: (406) 841-2394
Email: dlibsdfnr@mt.gov

Application or licensing questions:
Phone: (406) 444-5711
Email: UnitB@mt.gov

Renewal questions, verifications to other states, address changes, and name changes:
Phone: (406) 444-6880
Email: UnitA@mt.gov

Continuing education questions and information:
Phone: (406) 444-5696
Email: Audit@mt.gov

Complaint information (information on filing a complaint against a licensee):
LaVelle Potter, Compliance Specialist
Phone: (406) 841-2362
Email: dlibsdcomplaints@mt.gov

Board Events

Board meetings are usually held several times a year.
Meeting minutes are posted within 3 days of board approval.

In general, Board meetings are open to the public.
There are certain meetings or parts (Screening Panel and Executive Session), which are closed to the public.

Scheduled and Proposed Meetings

Board Members

Board members are appointed by the Governor with Senate confirmation. 
Members serve 5 year terms with no limit on the number of terms a member may serve.

Individual Board Members can be contacted by email at dlibsdfnr@mt.gov. In your message please specify which board member you would like to contact. For additional contact information and information on board member terms, please visit the Governor’s Office link for Board Members and Councils at http://boards.mt.gov/.

John Tarr, Chair, Public Member
Donna Amaro, Vice Chair, Mortician
James Axelson, Secretary, Cemetarian
Steve Schnider, Mortician
Michael Thompson, Crematory Operator

Jayson Watkins, Mortician

Newsletters

Public or Licensee Inquiries

Licensees can find license renewal information in this section and mailing lists of licensees may be purchased here.

You can learn who is licensed as a Mortician, Crematory Operator, Crematory Technician, Mortician Intern or Private-for-profit Cemetery in Montana by searching our Licensee Lookup system.

Mortician

To apply using the online application please click here

Below is the general licensing information for morticians. Or, click here for more detailed requirements. Please note that Montana licenses morticians to practice mortuary science. Mortuary science includes funeral directing. "Funeral director" is not a license.

 

 

Mortician Intern

To apply using the online application please click here

Below is is the general licensing reuqirements for mortician interns. Please note that Montana licenses morticians to practice mortuary science. Mortuary science includes funeral directing. "Funeral director" or "funeral director intern" are not licenses.

 

Crematory Operator

To apply using the online application please click here

Below is the general licensing information for crematory operators. Or, click here for more detailed requirements. A crematory operator is the person in charge of crematory operations and can perform cremations.

 

Crematory Technician

To apply using the online application please click here

Below is general licensing information for crematory technicians. A crematory technician is an employee of a crematory who is trained by the crematory operator to perform cremations.

 

Cemetery - Private for-Profit

To apply for a private, for-profit cemetery license using the online application please click here

Below is the general licensing information for cemeteries.

Crematorium

 

To apply using the online application please click here

Below is general licensing information for crematories. A crematory is the facility or portion of the building that houses the cremation chamber and holding facility. A crematory license is separate from a mortuary license.

 

 

 

Mortuary

To apply using the online application please click here

Below is the general licensing information for mortuaries. The board also licenses mortuary branch establishments which are separate facilities that are financially connected to (and controlled by) a licensed mortuary. Branch etablishments may, but do not have to, contain visitation or prep rooms and have lower renewal fees.

 

Mortuary Branch

To apply using the online application please click here

Below is general licensing information for mortuary branch establishments. Branch establishments are financially connected to (and controlled by) a licensed mortuary. Branch establishments may, but do not have to, contain visitation or prep rooms and have lower renewal fees.

 

Lookup Licensed Individual

Licensee Lookup System

This site is a primary source for verification of license credentials.

The Montana Department of Labor and Industry, Business Standards Division, presents Licensee Lookup information as a service to the public. The Division relies upon information provided by licensees to be true and correct, as required by statute. It is an act of unprofessional conduct for a licensee knowingly to provide erroneous information to the Division.

The Department of Labor and Industry makes no warranty or guarantee concerning the accuracy or reliability of the content of this website. Assessing the accuracy and reliability of information obtained from this website is solely the responsibility of the user. If you have questions regarding information found within this Licensee Lookup website, please contact the specific licensing board directly.

Please note that some disciplinary actions against licensees may not appear immediately on the website. Appeals, effective dates of orders and other administrative processes may delay posting on the website. Please contact the specific licensing board directly if you require discipline information that occurred prior to July 1, 1996.

Download List of Licensees

License Download System

This service allows you to purchase complete lists of individuals, businesses, and contractors licensed with the State of Montana through the Business Standards Division.

Options include:

  • Creating a customized list of licensees by selecting board type, license type, license status, county, etc.;
  • Submitting payment for your list using a credit/debit card or registered user account
  • Downloading your list immediately, and if necessary, retrieving your list within 24-hours of purchase

Renew Licenses

License Renewal System

Can Renew Online: Active and Inactive Morticians, Crematory Operators, Crematory Technicians, and Business: Mortuaries, Crematories, and Branch Facilities.

Annual Renewal Deadline is July 1st

Renewal Process

  1. The renewal deadline date (expiration date) for morticians, crematory operators, crematory technicians, mortuaries, branch mortuaries, and crematories is July 1 of each year. 
  2. The renewal deadline date (expiration date) for cemeteries is on a five-year cycle. The next renewal deadline for cemeteries is July 1, 2020.
  3. Renewal opens 60 days prior to your expiration date.  We encourage you to renew your license early in the renewal cycle.
  4. Please note that our online system is available 24/7 during the renewal cycle; however, there is no staff available to assist you after 5:00 p.m.  Waiting until the last hours to renew could mean that there is no one available to assist you, and this may cause your renewal to accrue late fees.  

Statute/Rule Information

The Board of Funeral Services was established by the Legislature to regulate the practice of and establish standards for individuals and businesses participating in and practicing funeral services in Montana.  Members of the funeral service industry should be aware of their obligations under Montana law and administrative rule.

The Montana Code Annotated (MCA) includes laws passed by the Legislature. Professional and occupational licensing laws can be found in Title 37, Chapter 1, Part 3. These statutes, known as the Uniform Regulatory Act, were passed in 1995.

The Administrative Rules of Montana (ARM) are often referred to as regulations.  The Board adopts administrative rules in order to administer the laws over which the Legislature has given the Board authority. The Board follows a process defined in law, the Montana Administrative Procedures Act, when they are proposing new rules or making changes to existing rules to ensure public participation.  The Board files a public notice in the Montana Administrative Register (MAR) on any proposed rule changes or new rules.  You can keep track of any rule changes by viewing MAR online, or by signing up to receive notification of rule changes from the Board.

The Administrative Rules of Montana (ARM) at this site contain what should be the same text as the official version published by the Office of the Secretary of State. There is a possibility, however, that the content may vary from the official version. In addition, the format has been changed for viewing on this web site. A copy of the official ARM in official format can be obtained from the ARM Bureau of the Office of the Secretary of State, by calling (406) 444-2055. A web version of the ARM published by the Secretary of State can be viewed at Secretary of State's Administrative Rules of Montana.

FAQ's CONCERNING ADMINISTRATIVE RULES

Administrative Rules

Statutes

OSHA Formaldehyde Rule

Declaratory Rulings

Rules Notices

Montana Administrative Register (MAR) 24-147-39

In the matter of the amendment of ARM 24.147.302 funeral service definitions, 24.147.403 inspections – mortuaries, branch establishments, and crematories, 24.147.408 transportation and custody of human remains, 24.147.501 out-of-state mortician licenses, 24.147.901 mortuary and branch establishment operation standards, 24.147.904 mortuary and branch establishment licenses and temporary permits, 24.147.1101 crematory licenses, temporary permits, and operation standards, 24.147.2101 continuing education requirements – morticians, 24.147.2301 unprofessional conduct, the amendment and transfer of ARM 24.147.402 (24.147.507) mortician licenses, 24.147.405 (24.147.509) examinations, 24.147.903 (24.147.407) name change, closure, transfer, or sale – mortuary, branch establishment, crematory, or cemetery, the adoption of NEW RULE I change of mortician-in-charge or crematory operator-in-charge, NEW RULE II nonlicensed personnel, and the repeal of ARM 24.147.2102 sponsors

Montana Administrative Register (MAR) 24-147-38

In the matter of the amendment of ARM 24.147.1301 applications for cemetery licenses, 24.147.1313 transfer of cemetery ownership, 24.147.1502 prearranged, prefinanced, or prepaid funerals, and 24.147.1503 requirements for sale of at-need, preneed, and prepaid funeral arrangements; the adoption of NEW RULE I trust funds – general, NEW RULES II through V cemetery perpetual care and maintenance trust accounts – financial records – annual reporting requirements – audits, and NEW RULES VI through IX mortuary and crematory preneed trust accounts – financial records – annual reporting requirements – audits; and the repeal of ARM 24.147.1304 perpetual care and maintenance fund reports, 24.147.1305 audit fees, 24.147.1312 restrictions on use of cemetery funds, 24.147.1314 perpetual care and maintenance funds, and 24.147.1505 trust funds

Forms

General Forms
Renewal Forms
License Application Forms
Continuing Education Forms

Complaint Information

The mission of the Board of Funeral Service is to protect the health, safety and well being of Montanans through the licensing of competent members of the funeral services industry and by the regulation of their practice in order to promote the delivery of quality arrangements and services for the deceased and their families. It is the intent of the board to provide quality regulatory functions and services to the public and the profession it regulates. 

Complaint Contact

LaVelle Potter, Compliance Specialist 
Telephone: (406) 841-2362
E-mail: dlibsdcomplaints@mt.gov
Complaint Information
Complaint Process Brochure
Complaint Form
Complaint Process FAQ

How to File a Complaint

The Department is charged with regulating professions and occupations for the protection of the public as a whole. Although the Department does not represent individuals filing complaints, the Department will review complaints in a timely manner to ensure a complaint is processed and that the Board will take appropriate action.

The length of time for resolution of a complaint is impossible to estimate due to the various complexities presented in individual complaints.

The following types of complaints may be filed:

  • Unprofessional conduct by a licensee;
  • Unprofessional conduct by a license applicant;
  • Unlicensed practice of the profession or occupation.

If an individual is unsure of what constitutes unprofessional conduct and needs a description of the various types, reference to Montana statutes and rules will provide an answer. These are found at your local public library or at the appropriate board site on this web page.

Drop Off or Mail to:
"Name of the Board or Program the complaint pertains to"
Business Standards Division
301 South Park, 4th Floor
PO Box 200514
Helena, MT 59620-0514

The Complaint Process

Business Standards Division

This process is used for the Boards that are administered in the Business Standards Division. 
The various Programs administered in the Division use a similar process.

Frequently Asked Questions about Complaint Process

IMPORTANT

When filing or responding to a complaint, be as thorough as possible. You may attach additional documents to the complaint form to ensure that all pertinent information has been included. The Screening Panel meeting is NOT a hearing, but is a time for the panel to consider the complaint and response. Attendance is your choice. If you attend the panel may ask additional questions. Please notify this office prior to the meeting if you plan to attend.

After a complaint has been filed against a licensed individual...

The Compliance Office will send a letter of acknowledgment to the person who filed the complaint (Complainant), and a letter requesting a response (with a copy of the complaint) to the licensee against whom the complaint was filed.

The Licensee may submit a written response addressing the complaint to the Compliance Office. The process continues whether or not a response is submitted. The Complainant is not entitled to a copy of the response.

The Compliance Office will notify the Licensee and Complainant regarding the date and time of any meeting during which the case will be discussed.

Complaints remain confidential unless a Notice of Proposed Board Action is issued, which is a public document along with all subsequent legal filings.

MEETINGS 
Closed Meeting - During a Closed Meeting only the Licensee, the Complainant, and/or attorneys for either can be in attendance. Minutes of Closed Meetings are not public documents.

Open Meeting - A public meeting which anyone can attend. The minutes of Open meetings are public documents and made available online via the specific Board’s webpage.
(Adjudication Panel meetings are usually open.)

Individuals may attend a meeting in person or by telephone. Please notify this office prior to the meeting if you plan to attend the meeting.

SCREENING PANEL

Screening PanelA committee comprised of members of the Board. The Screening Panel’s function is to determine the preliminary action(s) to take on a complaint. Possible preliminary actions include dismissal, investigation, or a finding of Reasonable Cause.

The complaint and response (if any) are submitted to the Screening Panel members. The Screening Panel meeting is not a hearing, but rather a committee meeting to review and discuss the complaint and response to determine if disciplinary action is warranted.

DISMISSAL

If the Screening Panel dismisses a complaint, the complaint can be dismissed with or without prejudice (see definitions below).

Dismissal With Prejudice - The complaint is dismissed and cannot be considered by the Screening Panel in the future.

Dismissal Without Prejudice - The complaint is dismissed but may be considered by the Screening Panel in the future if there are ever allegations of a similar nature.

INVESTIGATION

Only a member of the Screening Panel can request an investigation of a complaint. If an investigation is requested by the Screening Panel, the case is assigned to an investigator who may request an interview with the Licensee, the Complainant, and/or other individuals. Upon completion of the investigation, a written report is submitted to the Screening Panel, which will then determine if there is Reasonable Cause to proceed with disciplinary action.

REASONABLE CAUSE

Reasonable Cause - A finding by the Screening Panel that evidence exists that a violation of statutes and rules has occurred which warrants proceeding with disciplinary action.

If Reasonable Cause is found, the Department Counsel issues a Notice of Proposed Board Action (Notice) to the Licensee. Once a Notice is issued, it is public information. A proposed Stipulation may be included with the Notice.

Notice - A legal document from the Department’s Legal Counsel which sets forth the Department’s factual assertions, the statutes or rules relied upon, and advising the licensee of the right to a hearing.

Stipulation - A tentative agreement for settlement of the case. A Stipulation is not finalized until approved by the Adjudication Panel. 

The Licensee may either sign the Stipulation or contest the proposed action by requesting an administrativeHearing (a legal process before a Hearing Examiner). If the Licensee wishes to request a hearing, written request must be received within twenty (20) days from receipt of the Notice. Failure to either sign a Stipulation or request a hearing within twenty (20) days may result in the issuing of a Final Order of Default against the licensee.

Default - the licensee’s acceptance of the disciplinary action demonstrated by failing to participate in the process

ADJUDICATION PANEL

Adjudication Panel - A committee comprised of members of the Board who are  NOT on the Screening Panel. The Adjudication Panel determines the final outcome of a case.

The Adjudication Panel reviews the record to determine appropriate sanctions. A Final Order is issued by the Adjudication Panel, completing the complaint process.

COMPLAINT PROCESS FLOW

1

Current license status and information regarding disciplinary action(s) against
a licensee can be accessed online at:
https://ebiz.mt.gov/pol/

Unlicensed Practice Complaint Process

Department of Labor & Industry - Business Standards Division

PO Box 200513, Helena, MT 59620-0513

When a complaint or other information is received alleging possible unlicensed practice...

  • (If the allegation is not made in the form of a formal written complaint, a complaint form is completed by the Department and a complaint number is assigned.)
  • A copy of the complaint and a request for a written response are mailed to the person against whom the complaint was filed (Respondent).
  • A written acknowledgment that the complaint has been received is mailed to the person who filed the complaint (Complainant)
  • The respondent may submit a letter of response to the complaint. If a written response is not submitted, the complaint process continues without a response.
  • The complainant and the respondent are sent written notification of the date, time, and location of any meeting at which the complaint will be discussed.

The Board Meeting

  • Unlicensed Practice complaints are addressed by the Full Board in executive session (meaning closed to the public). Board meetings are open to the public unless the chairperson determines an individual’s right to privacy outweighs the public’s right to know. If so, that portion of the meeting will be closed to the public (only the respondent, complainant, and legal counsel for each (if any) may be present).
  • The complaint and response (if any) are provided to the board members prior to an upcoming board meeting for their review. The board meeting is not a hearing, but rather a meeting at which the information provided is considered and discussed by the board.

DISMISSAL

  • If the board dismisses a complaint, the complaint can be dismissed with or without prejudice.
  • Dismissal With Prejudice-The complaint is dismissed and cannot be considered in the future.
  • Dismissal Without Prejudice-The complaint is dismissed but may be considered by the board in the future if there are ever allegations of a similar nature.

INVESTIGATION

  • The board can request an investigator be assigned to gather additional information surrounding the allegations made in the complaint. This may involve interviews with the respondent, the complainant, and possible witnesses.
  • After the investigation has been completed, an investigative report is prepared and presented to the board for consideration at a subsequent meeting.
  • Following the board’s review of the investigative report, a determination is made to either dismiss the complaint or take action in the form of a Cease and Desist or an Injunction.

CEASE & DESIST / INJUNCTION

  • The board may issue a Cease & Desist or seek an Injunction.
  • Cease & Desist–A letter from the administrative agency prohibiting a person or business from doing or continuing to do a certain activity.
  • Injunction-A writ granted by a court prohibiting a person or business from doing or continuing to do a certain activity.

For more information, contact DLI Business Standards Division at 406-841-2300

Continuing Education

News

  • The board updated its continuing education rules. Those changes took effect on 2/24/18. See MAR 24-147-39 on the Rules Notices tab for more information.

General Information

  • Morticians are required to take six hours of relevant continuing education annually.
  • The board does not pre-approve any courses or sponsors. Each licensee is responsible for taking courses which relate directly to the scope of practice of mortuary science as defined in board statute. Licensees are responsible for selecting quality programs that contribute to their knowledge and competence.
  • Contact the board if you have questions regarding CE requirements.

Contact Information
Phone: 406-444-5696
Email: audit@mt.gov

FAQ