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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

CHAPTER 169
H.P. 378 - L.D. 480

An Act Concerning the State Board of Funeral Service

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA §1400, sub-§3, as enacted by PL 1967, c. 253, §1 and amended by PL 1997, c. 210, §40, is further amended to read:

     3. Funeral establishment. "Funeral establishment" means every place or premise premises devoted to or used in the care and preparation for the funeral and burial of human remains or maintained for the convenience of the bereaved for viewing or other services in connection with the human remains or as the office or place for carrying on the profession of funeral service.

     Sec. 2. 32 MRSA §1400, sub-§5, as enacted by PL 1967, c. 253, §1 and amended by PL 1997, c. 210, §40, is further amended to read:

     5. Practice of funeral service. "Practice of funeral service" shall mean means the engagement of a person engaged in the care or disposition of the human remains or in the practice of disinfecting and preparing by embalming or otherwise the human remains for the funeral service, transportation, of human remains to the place of burial or cremation, or the practice of helping to meet the emotions and disposition of the bereaved, or in the practice of funeral directing or embalming as presently known, whether under these titles or designations or otherwise. It shall mean a person who makes "Practice of funeral service" also means making arrangements for funeral services or who sells selling funeral supplies to the public or who makes making financial arrangements for the rendering of such services or the sale of such supplies. "Practice of funeral service" does not mean the ownership or operation of a cemetery, crematorium, mausoleum or columbarium or any other facility used for burial of human remains. "Practice of funeral service" does not include the transportation of human remains by an authorized person.

A license for the practice of funeral service as used in this chapter shall be is the license given to a person who is engaged in the practice of funeral service as above defined.

     Sec. 3. 32 MRSA §1451, 2nd ¶, as amended by PL 1989, c. 450, §16, is further amended to read:

     The board may adopt rules consistent with law governing the care, preparation, transportation, cremation, burial or disposition of dead human bodies, and governing the practice of funeral service, including but not limited to licensing or registration, or both, of practitioner trainees, practitioners of funeral service, funeral directors, embalmers, funeral attendants, funeral home establishments and branches. These rules shall do not become effective unless adopted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.

Effective September 21, 2001, unless otherwise indicated.

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