HF 457

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to health; changing provisions dealing with mortuary science; amending
Minnesota Statutes 2008, section 149A.01, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 149A.01, subdivision 3, is amended to
read:

Subd. 3.

Exceptions to licensure.

(a) Except as otherwise provided in this chapter,
nothing in this chapter shall in any way interfere with the duties of:

(1) an anatomical bequest program located within an accredited school of medicine
or an accredited college of mortuary science new text begin or an organization accredited by the
American Association of Tissue Banks new text end ;

(2) a person engaged in the performance of duties prescribed by law relating to the
conditions under which unclaimed dead human bodies are held subject to anatomical study;

(3) authorized personnel from a licensed ambulance service in the performance
of their duties;

(4) licensed medical personnel in the performance of their duties; or

(5) the coroner or medical examiner in the performance of the duties of their offices.

(b) This chapter does not apply to or interfere with the recognized customs or rites of
any culture or recognized religion in the ceremonial washing, dressing, and casketing of
their dead, to the extent that all other provisions of this chapter are complied with.

(c) Noncompensated persons with the right to control the dead human body
may remove a body from the place of death; transport the body; prepare the body for
disposition, except embalming; or arrange for final disposition of the body, provided that
all actions are in compliance with this chapter.

(d) Persons serving internships pursuant to section 149A.20, subdivision 6, or
students officially registered for a practicum or clinical through a program of mortuary
science accredited by the American Board of Funeral Service Education are not required
to be licensed, provided that the persons or students are registered with the commissioner
and act under the direct and exclusive supervision of a person holding a current license to
practice mortuary science in Minnesota.

(e) Notwithstanding this subdivision, nothing in this section shall be construed to
prohibit an institution or entity from establishing, implementing, or enforcing a policy that
permits only persons licensed by the commissioner to remove or cause to be removed a
dead body or body part from the institution or entity.

(f) An unlicensed person may arrange for and direct or supervise a memorial service
after final disposition of the dead human body has taken place. An unlicensed person may
not take charge of the dead human body, however an unlicensed person may arrange for
and direct or supervise a memorial service before final disposition of the dead human
body has taken place.