HF 1888

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 12:36pm

A bill for an act
relating to health; authorizing unlicensed individuals to perform certain functions
related to mortuary science; amending Minnesota Statutes 2020, sections 149A.01,
subdivision 3; 149A.20, subdivision 1; 149A.90, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, 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.

new text begin (d) An unlicensed person operating under the supervision of a licensed mortician or
licensed funeral director may take charge of a dead human body or remove it from the place
of death, provided the unlicensed person is trained by the supervising mortician or funeral
director to perform these activities.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end 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.

deleted text begin (f) deleted text end new text begin (g) new text end An unlicensed person new text begin not operating under the supervision of a licensed mortician
or licensed funeral director new text end 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 new text begin governed by this paragraph new text end 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.

new text begin (h) An unlicensed person operating under the supervision of a licensed mortician or
licensed funeral director may arrange, direct, or supervise a funeral, memorial service, or
graveside service, provided the unlicensed person is trained by the supervising mortician
or funeral director to perform these activities.
new text end

Sec. 2.

Minnesota Statutes 2020, section 149A.20, subdivision 1, is amended to read:

Subdivision 1.

License required.

Except as provided in section 149A.01, subdivision
3, any person who takes charge of or removes from the place of death a dead human body,
or prepares a dead human body for final disposition in any manner, or arranges, directs, or
supervises a funeral, memorial service, or graveside service must possess a valid license to
practice mortuary science issued by the commissioner. A funeral establishment may provide
deleted text begin a nonlicensed deleted text end new text begin an unlicensed new text end individual to direct or supervise a memorial service new text begin or an
unlicensed individual operating under the supervision of a licensed mortician or licensed
funeral director to arrange, direct, or supervise a funeral, memorial service, or graveside
service, new text end provided they disclose that information to the person or persons with the authority
to make the funeral arrangement as provided in section 149A.80.

Sec. 3.

Minnesota Statutes 2020, 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 or funeral director new text begin , by an unlicensed person operating under the
supervision of a mortician or funeral director, 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.