SF 1665

as introduced - 90th Legislature (2017 - 2018) Posted on 03/03/2017 08:58am

A bill for an act
relating to health; establishing qualifications for cremator operators who perform
cremations; modifying the duties of the commissioner of health; amending
Minnesota Statutes 2016, sections 149A.02, by adding a subdivision; 149A.03;
149A.04, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 149A.

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

Section 1.

Minnesota Statutes 2016, section 149A.02, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Cremator operator. new text end

new text begin "Cremator operator" means a person who performs
cremations at a licensed funeral establishment or licensed crematory.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 149A.03, is amended to read:

149A.03 DUTIES OF COMMISSIONER.

The commissioner shall:

(1) enforce all laws and adopt and enforce rules relating to the:

(i) removal, preparation, transportation, arrangements for disposition, and final disposition
of dead human bodies;

(ii) licensure and professional conduct of funeral directors, morticians, interns, practicum
students, and clinical students;

(iii) licensing and operation of a funeral establishment;

(iv) licensing and operation of an alkaline hydrolysis facility; deleted text begin and
deleted text end

(v) licensing and operation of a crematory; new text begin and
new text end

new text begin (vi) qualifications of cremator operators;
new text end

(2) provide copies of the requirements for licensure and permits to all applicants;

(3) administer examinations and issue licenses and permits to qualified persons and other
legal entities;

(4) maintain a record of the name and location of all current licensees and interns;

(5) perform periodic compliance reviews and premise inspections of licensees;

(6) accept and investigate complaints relating to conduct governed by this chapter;

(7) maintain a record of all current preneed arrangement trust accounts;

(8) maintain a schedule of application, examination, permit, and licensure fees, initial
and renewal, sufficient to cover all necessary operating expenses;

(9) educate the public about the existence and content of the laws and rules for mortuary
science licensing and the removal, preparation, transportation, arrangements for disposition,
and final disposition of dead human bodies to enable consumers to file complaints against
licensees and others who may have violated those laws or rules;

(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science
in order to refine the standards for licensing and to improve the regulatory and enforcement
methods used; deleted text begin and
deleted text end

(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the
laws, rules, or procedures governing the practice of mortuary science and the removal,
preparation, transportation, arrangements for disposition, and final disposition of dead
human bodies new text begin ; and
new text end

new text begin (12) approve certification organizations for cremator operators new text end .

new text begin EFFECTIVE DATE. new text end

new text begin Clause (12) is effective August 1, 2017. Clause (1), item (vi), is
effective January 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2016, section 149A.04, subdivision 2, is amended to read:

Subd. 2.

Inspections.

The regulatory agency or a designee of the regulatory agency shall
conduct initial licensure inspections and corrective order reinspections. As a condition of
continued licensure, compliance reviews or premises inspections of licensees shall be
conducted by the regulatory agency or a designee of the regulatory agency at least biennially.
new text begin In a compliance review or premises inspection conducted as a condition of initial licensure
or continued licensure or in a corrective order reinspection, the regulatory agency or designee
shall review the documentation of qualifications for all cremator operators employed at the
premises to ensure the cremator operators meet the qualifications requirements in section
149A.56. new text end A compliance review or an inspection of the premises of any person subject to
regulation under this chapter may also be conducted when the regulatory agency reasonably
suspects that there may be a violation or a threat of a violation of any law now in force or
later enacted, rule, order, stipulation agreement, settlement, compliance agreement, license,
or permit issued by the regulatory agency. When possible, all inspections and compliance
reviews shall be conducted without prior notice to the subject of the inspection or review
and shall be performed in the presence of the subject of the inspection or review or an
authorized representative of the subject of the inspection or review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 4.

new text begin [149A.56] CREMATOR OPERATOR QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications required. new text end

new text begin In order to perform cremations, a person must
satisfy the qualifications requirements in subdivision 2 or 3.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin (a) Before practicing as a cremator operator, a person must
provide documentation to the licensee employing the person that the person:
new text end

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) has actively participated in the performance of at least ten cremations that are
performed under the direct supervision of a cremator operator qualified under this subdivision
or subdivision 3;
new text end

new text begin (3) has completed, within the year before beginning practice as a cremator operator, a
course or training program on occupational exposure to bloodborne pathogens that meets
the requirements of Code of Federal Regulations, title 29, section 1910.1030(g)(2); and
new text end

new text begin (4) within the year before beginning practice as a cremator operator, obtained certification,
from an organization approved by the commissioner, that demonstrates the person's
knowledge of how to perform cremations.
new text end

new text begin (b) As a condition of continued practice as a cremator operator after satisfying the
requirements in paragraph (a), a person must provide documentation to the licensee
employing the person that:
new text end

new text begin (1) once in each five years of practice as a cremator operator, the person has obtained
or renewed certification as specified in paragraph (a), clause (4); and
new text end

new text begin (2) at least once each year the person practiced as a cremator operator, the person
completed a course or training program on occupational exposure to bloodborne pathogens
that meets the requirements of Code of Federal Regulations, title 29, section 1910.1030(g)(2).
new text end

new text begin Subd. 3. new text end

new text begin Grandfathering period for certain certified personnel. new text end

new text begin A person who, as of
January 1, 2018, holds a certification to perform cremations issued by any national, regional,
or state organization, is deemed qualified to perform cremations and may perform cremations
under that certification through December 31, 2022. Between January 1, 2018, and December
31, 2022, a person practicing under this subdivision must annually complete a course or
training program on occupational exposure to bloodborne pathogens that meets the
requirements of Code of Federal Regulations, title 29, section 1910.1030(g)(2). A person
practicing under this subdivision must provide, to the licensee employing the person,
documentation of certification and of annual completion of the course or training program
on occupational exposure to bloodborne pathogens. No later than January 1, 2023, a person
performing cremations under this subdivision must satisfy the qualifications requirements
in subdivision 2, paragraph (a), to be eligible to perform cremations on or after that date.
new text end

new text begin Subd. 4. new text end

new text begin Documentation of qualifications maintained onsite. new text end

new text begin A licensed funeral
establishment at which cremations are performed or a licensed crematory at which cremations
are performed must:
new text end

new text begin (1) maintain documentation onsite that all employees who are cremator operators satisfy
the qualifications and training requirements of this section; and
new text end

new text begin (2) make that documentation available to the commissioner for examination as part of
a premises inspection, compliance review, or corrective order reinspection of the facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end