HF 2509

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 03:39pm

A bill for an act
relating to health; authorizing transfer care specialists to remove dead human
bodies from the place of death; providing for registration of transfer care specialists
by the commissioner of health; adding a mortuary science fee; amending Minnesota
Statutes 2022, sections 149A.01, subdivision 3; 149A.02, subdivision 13a, by
adding a subdivision; 149A.03; 149A.09; 149A.11; 149A.60; 149A.61, subdivisions
4, 5; 149A.62; 149A.63; 149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5,
7; 149A.90, subdivisions 2, 4, 5; 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 2022, 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;

(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, casketing, and public
transportation 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, under section
149A.80, subdivision 2, 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 deleted text begin , or deleted text end new text begin ; new text end students
officially registered for a practicum or clinical through a program of mortuary science
accredited by the American Board of Funeral Service Education new text begin ; or transfer care specialists
registered pursuant to section 149A.47 new text end are not required to be licensed, provided that the
persons deleted text begin or deleted text end new text begin , new text end students new text begin , or transfer care specialists new text end 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 if
that person or that person's employer does not have charge of the dead human body. An
unlicensed person may not take charge of the dead human body, unless that person has the
right to control the dead human body under section 149A.80, subdivision 2, or is that person's
noncompensated designee.

Sec. 2.

Minnesota Statutes 2022, section 149A.02, subdivision 13a, is amended to read:

Subd. 13a.

Direct supervision.

"Direct supervision" means overseeing the performance
of an individual. For the purpose of a clinical, practicum, or internship, direct supervision
means that the supervisor is available to observe and correct, as needed, the performance
of the trainee. new text begin For the purpose of a transfer care specialist, direct supervision means that
the supervisor is available by being physically present or by telephone to advise and correct,
as needed, the performance of the transfer care specialist. new text end The new text begin supervising new text end mortician
deleted text begin supervisor deleted text end is accountable for the actions of the clinical student, practicum student, or intern
throughout the course of the training. The supervising mortician is accountable for any
violations of law or rule, in the performance of their duties, by the clinical student, practicum
student, deleted text begin or deleted text end intern new text begin , or transfer care specialist new text end .

Sec. 3.

Minnesota Statutes 2022, section 149A.02, is amended by adding a subdivision to
read:

new text begin Subd. 37d. new text end

new text begin Transfer care specialist. new text end

new text begin "Transfer care specialist" means an individual who
is registered with the commissioner in accordance with section 149A.47 and is authorized
to perform the removal of a dead human body from the place of death under the direct
supervision of a licensed mortician.
new text end

Sec. 4.

Minnesota Statutes 2022, 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 new text begin , registration, new text end and professional conduct of funeral directors, morticians,
interns, practicum students, deleted text begin and deleted text end clinical students new text begin , and transfer care specialists new text end ;

(iii) licensing and operation of a funeral establishment;

(iv) licensing and operation of an alkaline hydrolysis facility; and

(v) licensing and operation of a crematory;

(2) provide copies of the requirements for licensure new text begin , registration, new text end and permits to all
applicants;

(3) administer examinations and issue licenses new text begin , registrations, new text end and permits to qualified
persons and other legal entities;

(4) maintain a record of the name and location of all current licensees deleted text begin and deleted text end new text begin , new text end interns new text begin , and
transfer care specialists new text end ;

(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, new text begin registration, new text end 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; and

(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.

Sec. 5.

Minnesota Statutes 2022, section 149A.09, is amended to read:

149A.09 DENIAL; REFUSAL TO REISSUE; REVOCATION; SUSPENSION;
LIMITATION OF LICENSE new text begin , REGISTRATION, new text end OR PERMIT.

Subdivision 1.

Denial; refusal to renew; revocation; and suspension.

The regulatory
agency may deny, refuse to renew, revoke, or suspend any license new text begin , registration, new text end or permit
applied for or issued pursuant to this chapter when the person subject to regulation under
this chapter:

(1) does not meet or fails to maintain the minimum qualification for holding a license new text begin ,
registration, new text end or permit under this chapter;

(2) submits false or misleading material information to the regulatory agency in
connection with a license new text begin , registration, new text end or permit issued by the regulatory agency or the
application for a license new text begin , registration, new text end or permit;

(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement,
license, new text begin registration, new text end or permit that regulates the removal, preparation, transportation,
arrangements for disposition, or final disposition of dead human bodies in Minnesota or
any other state in the United States;

(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no contest plea in any court in Minnesota or any other jurisdiction in the United States.
"Conviction," as used in this subdivision, includes a conviction for an offense which, if
committed in this state, would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is
made or returned, but the adjudication of guilt is either withheld or not entered;

(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no contest plea in any court in Minnesota or any other jurisdiction in the United States
that the regulatory agency determines is reasonably related to the removal, preparation,
transportation, arrangements for disposition or final disposition of dead human bodies, or
the practice of mortuary science;

(6) is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or
mentally ill and dangerous to the public;

(7) has a conservator or guardian appointed;

(8) fails to comply with an order issued by the regulatory agency or fails to pay an
administrative penalty imposed by the regulatory agency;

(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota
Department of Revenue, or any other governmental agency authorized to collect taxes
anywhere in the United States;

(10) is in arrears on any court ordered family or child support obligations; or

(11) engages in any conduct that, in the determination of the regulatory agency, is
unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit
to practice mortuary science or to operate a funeral establishment or crematory.

Subd. 2.

Hearings related to refusal to renew, suspension, or revocation of license new text begin ,
registration, new text end or permit.

If the regulatory agency proposes to deny renewal, suspend, or
revoke a license new text begin , registration, new text end or permit issued under this chapter, the regulatory agency
must first notify, in writing, the person against whom the action is proposed to be taken and
provide an opportunity to request a hearing under the contested case provisions of sections
14.57 to 14.62. If the subject of the proposed action does not request a hearing by notifying
the regulatory agency, by mail, within 20 calendar days after the receipt of the notice of
proposed action, the regulatory agency may proceed with the action without a hearing and
the action will be the final order of the regulatory agency.

Subd. 3.

Review of final order.

A judicial review of the final order issued by the
regulatory agency may be requested in the manner prescribed in sections 14.63 to 14.69.
Failure to request a hearing pursuant to subdivision 2 shall constitute a waiver of the right
to further agency or judicial review of the final order.

Subd. 4.

Limitations or qualifications placed on license new text begin , registration, new text end or permit.

The
regulatory agency may, where the facts support such action, place reasonable limitations
or qualifications on the right to practice mortuary science deleted text begin or deleted text end new text begin , new text end to operate a funeral
establishment or crematory new text begin , or to perform activities or actions permitted under this chapter new text end .

Subd. 5.

Restoring license new text begin , registration, new text end or permit.

The regulatory agency may, where
there is sufficient reason, restore a license new text begin , registration, new text end or permit that has been revoked,
reduce a period of suspension, or remove limitations or qualifications.

Sec. 6.

Minnesota Statutes 2022, section 149A.11, is amended to read:

149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.

The regulatory agencies shall report all disciplinary measures or actions taken to the
commissioner. At least annually, the commissioner shall publish and make available to the
public a description of all disciplinary measures or actions taken by the regulatory agencies.
The publication shall include, for each disciplinary measure or action taken, the name and
business address of the licensee deleted text begin or deleted text end new text begin , new text end intern, new text begin or transfer care specialist; new text end the nature of the
misconduct deleted text begin , deleted text end new text begin ; new text end and the measure or action taken by the regulatory agency.

Sec. 7.

new text begin [149A.47] TRANSFER CARE SPECIALIST.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin A transfer care specialist may remove a dead human body from
the place of death under the direct supervision of a licensed mortician if the transfer care
specialist is registered with the commissioner in accordance with this section. A transfer
care specialist is not licensed to engage in the practice of mortuary science and shall not
engage in the practice of mortuary science except as provided in this section. A transfer
care specialist must be an employee of a licensed funeral establishment.
new text end

new text begin Subd. 2. new text end

new text begin Registration. new text end

new text begin (a) To be eligible for registration as a transfer care specialist, an
applicant must submit to the commissioner:
new text end

new text begin (1) a completed application on a form provided by the commissioner that includes at a
minimum:
new text end

new text begin (i) the applicant's name, home address and telephone number, business name, business
address and telephone number, and email address; and
new text end

new text begin (ii) the name, license number, business name, and business address and telephone number
of the supervising licensed mortician;
new text end

new text begin (2) proof of completion of a training program that meets the requirements specified in
subdivision 4; and
new text end

new text begin (3) the appropriate fee specified in section 149A.65.
new text end

new text begin (b) All transfer care specialist registrations are valid for one calendar year, beginning
on January 1 and ending on December 31 regardless of the date of issuance. Fees shall not
be prorated.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) A transfer care specialist registered under this section is authorized
to perform the removal of a dead human body from the place of death in accordance with
this chapter to a licensed funeral establishment. A transfer care specialist must comply with
the universal precaution requirements in section 149A.91, subdivision 1, when handling a
dead human body.
new text end

new text begin (b) A transfer care specialist must work under the direct supervision of a licensed
mortician. The supervising mortician is responsible for the work performed by the transfer
care specialist. A licensed mortician may supervise up to four transfer care specialists at
any one time.
new text end

new text begin Subd. 4. new text end

new text begin Training program and continuing education. new text end

new text begin (a) Each transfer care specialist
must complete a training program prior to initial registration. A training program must be
at least seven hours long and must cover, at a minimum, the following:
new text end

new text begin (1) ethical care and transportation procedures for a deceased person;
new text end

new text begin (2) health and safety concerns to the public and the individual performing the transfer
of the deceased person, and the use of universal precautions and other reasonable precautions
to minimize the risk for transmitting communicable diseases; and
new text end

new text begin (3) all relevant state and federal laws and regulations related to the transfer and
transportation of deceased persons.
new text end

new text begin (b) A transfer care specialist must complete three hours of continuing education annually
on content described in paragraph (a), clauses (1) to (3), and submit evidence of completion
with the individual's registration renewal.
new text end

new text begin Subd. 5. new text end

new text begin Renewal. new text end

new text begin (a) A registration issued under this section expires on December 31
of the calendar year in which the registration was issued and must be renewed to remain
valid.
new text end

new text begin (b) To renew a registration, a transfer care specialist must submit to the commissioner
a completed renewal application as provided by the commissioner and the appropriate fee
specified in section 149A.65. The renewal application must include proof of completion of
the continuing education requirements in subdivision 4.
new text end

Sec. 8.

Minnesota Statutes 2022, section 149A.60, is amended to read:

149A.60 PROHIBITED CONDUCT.

The regulatory agency may impose disciplinary measures or take disciplinary action
against a person whose conduct is subject to regulation under this chapter for failure to
comply with any provision of this chapter or laws, rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, new text begin registrations, new text end and permits adopted deleted text begin , deleted text end or issued
for the regulation of the removal, preparation, transportation, arrangements for disposition
or final disposition of dead human bodies, or for the regulation of the practice of mortuary
science.

Sec. 9.

Minnesota Statutes 2022, section 149A.61, subdivision 4, is amended to read:

Subd. 4.

Licensees deleted text begin and deleted text end new text begin , new text end interns new text begin , and transfer care specialists new text end .

A licensee deleted text begin or deleted text end new text begin , new text end intern new text begin ,
or transfer care specialist new text end regulated under this chapter may report to the commissioner any
conduct that the licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end has personal knowledge of,
and reasonably believes constitutes grounds for, disciplinary action under this chapter.

Sec. 10.

Minnesota Statutes 2022, section 149A.61, subdivision 5, is amended to read:

Subd. 5.

Courts.

The court administrator of district court or any court of competent
jurisdiction shall report to the commissioner any judgment or other determination of the
court that adjudges or includes a finding that a licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end
is a person who is mentally ill, mentally incompetent, guilty of a felony or gross
misdemeanor, guilty of violations of federal or state narcotics laws or controlled substances
acts; appoints a guardian or conservator for the licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end ;
or commits a licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end .

Sec. 11.

Minnesota Statutes 2022, section 149A.62, is amended to read:

149A.62 IMMUNITY; REPORTING.

Any person, private agency, organization, society, association, licensee, deleted text begin or deleted text end intern new text begin , or
transfer care specialist new text end who, in good faith, submits information to a regulatory agency under
section 149A.61 or otherwise reports violations or alleged violations of this chapter, is
immune from civil liability or criminal prosecution. This section does not prohibit disciplinary
action taken by the commissioner against any licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end
pursuant to a self report of a violation.

Sec. 12.

Minnesota Statutes 2022, section 149A.63, is amended to read:

149A.63 PROFESSIONAL COOPERATION.

A licensee, clinical student, practicum student, intern, new text begin transfer care specialist, new text end or applicant
for licensure under this chapter that is the subject of or part of an inspection or investigation
by the commissioner or the commissioner's designee shall cooperate fully with the inspection
or investigation. Failure to cooperate constitutes grounds for disciplinary action under this
chapter.

Sec. 13.

Minnesota Statutes 2022, section 149A.65, subdivision 2, is amended to read:

Subd. 2.

Mortuary science fees.

Fees for mortuary science are:

(1) $75 for the initial and renewal registration of a mortuary science intern;

(2) $125 for the mortuary science examination;

(3) $200 for issuance of initial and renewal mortuary science licenses;

(4) $100 late fee charge for a license renewal; deleted text begin and
deleted text end

(5) $250 for issuing a mortuary science license by endorsement deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) $....... for the initial and renewal registration of a transfer care specialist.
new text end

Sec. 14.

Minnesota Statutes 2022, section 149A.70, subdivision 3, is amended to read:

Subd. 3.

Advertising.

No licensee, clinical student, practicum student, deleted text begin or deleted text end intern new text begin , or
transfer care specialist new text end shall publish or disseminate false, misleading, or deceptive advertising.
False, misleading, or deceptive advertising includes, but is not limited to:

(1) identifying, by using the names or pictures of, persons who are not licensed to practice
mortuary science in a way that leads the public to believe that those persons will provide
mortuary science services;

(2) using any name other than the names under which the funeral establishment, alkaline
hydrolysis facility, or crematory is known to or licensed by the commissioner;

(3) using a surname not directly, actively, or presently associated with a licensed funeral
establishment, alkaline hydrolysis facility, or crematory, unless the surname had been
previously and continuously used by the licensed funeral establishment, alkaline hydrolysis
facility, or crematory; and

(4) using a founding or establishing date or total years of service not directly or
continuously related to a name under which the funeral establishment, alkaline hydrolysis
facility, or crematory is currently or was previously licensed.

Any advertising or other printed material that contains the names or pictures of persons
affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory shall state
the position held by the persons and shall identify each person who is licensed or unlicensed
under this chapter.

Sec. 15.

Minnesota Statutes 2022, section 149A.70, subdivision 4, is amended to read:

Subd. 4.

Solicitation of business.

No licensee shall directly or indirectly pay or cause
to be paid any sum of money or other valuable consideration for the securing of business
or for obtaining the authority to dispose of any dead human body.

For purposes of this subdivision, licensee includes a registered intern new text begin , transfer care
specialist, new text end or any agent, representative, employee, or person acting on behalf of the licensee.

Sec. 16.

Minnesota Statutes 2022, section 149A.70, subdivision 5, is amended to read:

Subd. 5.

Reimbursement prohibited.

No licensee, clinical student, practicum student,
deleted text begin or deleted text end intern new text begin , or transfer care specialist new text end shall offer, solicit, or accept a commission, fee, bonus,
rebate, or other reimbursement in consideration for recommending or causing a dead human
body to be disposed of by a specific body donation program, funeral establishment, alkaline
hydrolysis facility, crematory, mausoleum, or cemetery.

Sec. 17.

Minnesota Statutes 2022, section 149A.70, subdivision 7, is amended to read:

Subd. 7.

Unprofessional conduct.

No licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end shall
engage in or permit others under the licensee's deleted text begin or deleted text end new text begin , new text end intern's new text begin , or transfer care specialist's new text end
supervision or employment to engage in unprofessional conduct. Unprofessional conduct
includes, but is not limited to:

(1) harassing, abusing, or intimidating a customer, employee, or any other person
encountered while within the scope of practice, employment, or business;

(2) using profane, indecent, or obscene language within the immediate hearing of the
family or relatives of the deceased;

(3) failure to treat with dignity and respect the body of the deceased, any member of the
family or relatives of the deceased, any employee, or any other person encountered while
within the scope of practice, employment, or business;

(4) the habitual overindulgence in the use of or dependence on intoxicating liquors,
prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering
substances that substantially impair a person's work-related judgment or performance;

(5) revealing personally identifiable facts, data, or information about a decedent, customer,
member of the decedent's family, or employee acquired in the practice or business without
the prior consent of the individual, except as authorized by law;

(6) intentionally misleading or deceiving any customer in the sale of any goods or services
provided by the licensee;

(7) knowingly making a false statement in the procuring, preparation, or filing of any
required permit or document; or

(8) knowingly making a false statement on a record of death.

Sec. 18.

Minnesota Statutes 2022, section 149A.90, subdivision 2, is amended to read:

Subd. 2.

Removal from place of death.

No person subject to regulation under this
chapter shall remove or cause to be removed any dead human body from the place of death
without being licensed new text begin or registered new text end by the commissioner. Every dead human body shall be
removed from the place of death by a licensed mortician or funeral director, except as
provided in section 149A.01, subdivision 3.

Sec. 19.

Minnesota Statutes 2022, section 149A.90, subdivision 4, is amended to read:

Subd. 4.

Certificate of removal.

No dead human body shall be removed from the place
of death by a mortician deleted text begin or deleted text end new text begin , new text end funeral director new text begin , or transfer care specialist new text end or by a noncompensated
person with the right to control the dead human body without the completion of a certificate
of removal and, where possible, presentation of a copy of that certificate to the person or a
representative of the legal entity with physical or legal custody of the body at the death site.
The certificate of removal shall be in the format provided by the commissioner that contains,
at least, the following information:

(1) the name of the deceased, if known;

(2) the date and time of removal;

(3) a brief listing of the type and condition of any personal property removed with the
body;

(4) the location to which the body is being taken;

(5) the name, business address, and license number of the individual making the removal;
and

(6) the signatures of the individual making the removal and, where possible, the individual
or representative of the legal entity with physical or legal custody of the body at the death
site.

Sec. 20.

Minnesota Statutes 2022, section 149A.90, subdivision 5, is amended to read:

Subd. 5.

Retention of certificate of removal.

A copy of the certificate of removal shall
be given, where possible, to the person or representative of the legal entity having physical
or legal custody of the body at the death site. The original certificate of removal shall be
retained by the individual making the removal and shall be kept on file, at the funeral
establishment to which the body was taken, for a period of three calendar years following
the date of the removal. new text begin If the removal was performed by a transfer care specialist not
employed by the funeral establishment to which the body was taken, the transfer care
specialist must retain a copy of the certificate of removal at the transfer care specialist's
business address as registered with the commissioner for a period of three calendar years
following the date of removal. new text end Following this period, and subject to any other laws requiring
retention of records, the funeral establishment may then place the records in storage or
reduce them to microfilm, microfiche, laser disc, or any other method that can produce an
accurate reproduction of the original record, for retention for a period of ten calendar years
from the date of the removal of the body. At the end of this period and subject to any other
laws requiring retention of records, the funeral establishment may destroy the records by
shredding, incineration, or any other manner that protects the privacy of the individuals
identified in the records.