HF 2669

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:32pm

A bill for an act
relating to health; permitting the conversion of human remains to basic elements
using natural organic reduction; establishing licensure requirements for natural
organic reduction facilities; establishing licensure fees; amending Minnesota
Statutes 2022, sections 149A.01, subdivision 3; 149A.02, subdivisions 3, 16, 26a,
27, 35, 37c, by adding subdivisions; 149A.03; 149A.65, by adding a subdivision;
149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions
3, 9; 149A.73, subdivision 1; 149A.74, subdivision 1; 149A.93, subdivision 3;
149A.94, subdivisions 1, 3, 4; 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, 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 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.

new text begin (g) An individual who is not licensed to practice mortuary science may own or operate
a natural organic reduction facility licensed under this chapter, provided the facility is not
also licensed under this chapter to operate as a funeral establishment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 149A.02, subdivision 3, is amended to read:

Subd. 3.

Arrangements for disposition.

"Arrangements for disposition" means any
action normally taken by a funeral provider in anticipation of or preparation for the
entombment, burial in a cemetery, alkaline hydrolysis, new text begin natural organic reduction, new text end or cremation
of a dead human body.

Sec. 3.

Minnesota Statutes 2022, section 149A.02, subdivision 16, is amended to read:

Subd. 16.

Final disposition.

"Final disposition" means the acts leading to and the
entombment, burial in a cemetery, alkaline hydrolysis, new text begin natural organic reduction, new text end or cremation
of a dead human body.

Sec. 4.

Minnesota Statutes 2022, section 149A.02, subdivision 26a, is amended to read:

Subd. 26a.

Inurnment.

"Inurnment" means placing hydrolyzed new text begin , naturally reduced, new text end or
cremated remains in a hydrolyzed new text begin , naturally reduced, new text end or cremated remains container suitable
for placement, burial, or shipment.

Sec. 5.

Minnesota Statutes 2022, section 149A.02, subdivision 27, is amended to read:

Subd. 27.

Licensee.

"Licensee" means any person or entity that has been issued a license
to practice mortuary science, to operate a funeral establishment, to operate an alkaline
hydrolysis facility, new text begin to operate a natural organic reduction facility, new text end or to operate a crematory
by the Minnesota commissioner of health.

Sec. 6.

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

new text begin Subd. 30b. new text end

new text begin Natural organic reduction or naturally reduce. new text end

new text begin "Natural organic reduction"
or "naturally reduce" means the contained, accelerated conversion of a dead human body
to soil.
new text end

Sec. 7.

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

new text begin Subd. 30c. new text end

new text begin Natural organic reduction facility. new text end

new text begin "Natural organic reduction facility"
means a structure, room, or other space in a building or real property where natural organic
reduction of a dead human body occurs.
new text end

Sec. 8.

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

new text begin Subd. 30d. new text end

new text begin Natural organic reduction vessel. new text end

new text begin "Natural organic reduction vessel" means
the enclosed container in which natural organic reduction takes place.
new text end

Sec. 9.

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

new text begin Subd. 30e. new text end

new text begin Naturally reduced remains. new text end

new text begin "Naturally reduced remains" means the soil
remains following the natural organic reduction of a dead human body and the accompanying
plant material.
new text end

Sec. 10.

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

new text begin Subd. 30f. new text end

new text begin Naturally reduced remains container. new text end

new text begin "Naturally reduced remains container"
means a receptacle in which naturally reduced remains are placed.
new text end

Sec. 11.

Minnesota Statutes 2022, section 149A.02, subdivision 35, is amended to read:

Subd. 35.

Processing.

"Processing" means the removal of foreign objects, drying or
cooling, and the reduction of the hydrolyzed new text begin , naturally reduced, new text end or cremated remains by
mechanical means including, but not limited to, grinding, crushing, or pulverizing, to a
granulated appearance appropriate for final disposition.

Sec. 12.

Minnesota Statutes 2022, section 149A.02, subdivision 37c, is amended to read:

Subd. 37c.

Scattering.

"Scattering" means the authorized dispersal of hydrolyzed new text begin ,
naturally reduced, new text end or cremated remains in a defined area of a dedicated cemetery or in areas
where no local prohibition exists provided that the hydrolyzed or cremated remains are not
distinguishable to the public, are not in a container, and that the person who has control
over disposition of the hydrolyzed new text begin , naturally reduced, new text end or cremated remains has obtained
written permission of the property owner or governing agency to scatter on the property.

Sec. 13.

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 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) licensing and operation of a natural organic reduction facility;
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; 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. 14.

new text begin [149A.56] LICENSE TO OPERATE A NATURAL ORGANIC REDUCTION
FACILITY.
new text end

new text begin Subdivision 1. new text end

new text begin License requirement. new text end

new text begin Except as provided in section 149A.01, subdivision
3, no person shall maintain, manage, or operate a place or premises devoted to or used in
the holding and natural organic reduction of a dead human body without possessing a valid
license to operate a natural organic reduction facility issued by the commissioner of health.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for natural organic reduction facility. new text end

new text begin (a) A natural organic
reduction facility licensed under this section must consist of:
new text end

new text begin (1) a building or structure that complies with applicable local and state building codes,
zoning laws and ordinances, and environmental standards, and that contains one or more
natural organic reduction vessels for the natural organic reduction of dead human bodies;
new text end

new text begin (2) a motorized mechanical device for processing naturally reduced remains; and
new text end

new text begin (3) an appropriate refrigerated holding facility for dead human bodies awaiting natural
organic reduction.
new text end

new text begin (b) A natural organic reduction facility licensed under this section may also contain a
display room for funeral goods.
new text end

new text begin Subd. 3. new text end

new text begin Application procedure; documentation; initial inspection. new text end

new text begin (a) An applicant
for a license to operate a natural organic reduction facility shall submit a completed
application to the commissioner. A completed application includes:
new text end

new text begin (1) a completed application form, as provided by the commissioner;
new text end

new text begin (2) proof of business form and ownership; and
new text end

new text begin (3) proof of liability insurance coverage or other financial documentation, as determined
by the commissioner, that demonstrates the applicant's ability to respond in damages for
liability arising from the ownership, maintenance, management, or operation of a natural
organic reduction facility.
new text end

new text begin (b) Upon receipt of the application and appropriate fee, the commissioner shall review
and verify all information. Upon completion of the verification process and resolution of
any deficiencies in the application information, the commissioner shall conduct an initial
inspection of the premises to be licensed. After the inspection and resolution of any
deficiencies found and any reinspections as may be necessary, the commissioner shall make
a determination, based on all the information available, to grant or deny licensure. If the
commissioner's determination is to grant the license, the applicant shall be notified and the
license shall issue and remain valid for a period prescribed on the license, but not to exceed
one calendar year from the date of issuance of the license. If the commissioner's determination
is to deny the license, the commissioner must notify the applicant, in writing, of the denial
and provide the specific reason for denial.
new text end

new text begin Subd. 4. new text end

new text begin Nontransferability of license. new text end

new text begin A license to operate a natural organic reduction
facility is not assignable or transferable and shall not be valid for any entity other than the
one named. Each license issued to operate a natural organic reduction facility is valid only
for the location identified on the license. A 50 percent or more change in ownership or
location of the natural organic reduction facility automatically terminates the license. Separate
licenses shall be required of two or more persons or other legal entities operating from the
same location.
new text end

new text begin Subd. 5. new text end

new text begin Display of license. new text end

new text begin Each license to operate a natural organic reduction facility
must be conspicuously displayed in the natural organic reduction facility at all times.
Conspicuous display means in a location where a member of the general public within the
natural organic reduction facility is able to observe and read the license.
new text end

new text begin Subd. 6. new text end

new text begin Period of licensure. new text end

new text begin All licenses to operate a natural organic reduction facility
issued by the commissioner are valid for a period of one calendar year beginning on July 1
and ending on June 30, regardless of the date of issuance.
new text end

new text begin Subd. 7. new text end

new text begin Reporting changes in license information. new text end

new text begin Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later
than 30 calendar days after the change occurs. Failure to report changes is grounds for
disciplinary action.
new text end

new text begin Subd. 8. new text end

new text begin Application information. new text end

new text begin All information submitted to the commissioner for
a license to operate a natural organic reduction facility is classified as licensing data under
section 13.41, subdivision 5.
new text end

Sec. 15.

new text begin [149A.57] RENEWAL OF LICENSE TO OPERATE A NATURAL
ORGANIC REDUCTION FACILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal required. new text end

new text begin All licenses to operate a natural organic reduction
facility issued by the commissioner expire on June 30 following the date of issuance of the
license and must be renewed to remain valid.
new text end

new text begin Subd. 2. new text end

new text begin Renewal procedure and documentation. new text end

new text begin (a) Licensees who wish to renew
their licenses must submit to the commissioner a completed renewal application no later
than June 30 following the date the license was issued. A completed renewal application
includes:
new text end

new text begin (1) a completed renewal application form, as provided by the commissioner; and
new text end

new text begin (2) proof of liability insurance coverage or other financial documentation, as determined
by the commissioner, that demonstrates the applicant's ability to respond in damages for
liability arising from the ownership, maintenance, management, or operation of a natural
organic reduction facility.
new text end

new text begin (b) Upon receipt of the completed renewal application, the commissioner shall review
and verify the information. Upon completion of the verification process and resolution of
any deficiencies in the renewal application information, the commissioner shall make a
determination, based on all the information available, to reissue or refuse to reissue the
license. If the commissioner's determination is to reissue the license, the applicant shall be
notified and the license shall issue and remain valid for a period prescribed on the license,
but not to exceed one calendar year from the date of issuance of the license. If the
commissioner's determination is to refuse to reissue the license, section 149A.09, subdivision
2, applies.
new text end

new text begin Subd. 3. new text end

new text begin Penalty for late filing. new text end

new text begin Renewal applications received after the expiration date
of a license will result in the assessment of a late filing penalty. The late filing penalty must
be paid before the reissuance of the license and received by the commissioner no later than
31 calendar days after the expiration date of the license.
new text end

new text begin Subd. 4. new text end

new text begin Lapse of license. new text end

new text begin A license to operate a natural organic reduction facility shall
automatically lapse when a completed renewal application is not received by the
commissioner within 31 calendar days after the expiration date of a license, or a late filing
penalty assessed under subdivision 3 is not received by the commissioner within 31 calendar
days after the expiration of a license.
new text end

new text begin Subd. 5. new text end

new text begin Effect of lapse of license. new text end

new text begin Upon the lapse of a license, the person to whom the
license was issued is no longer licensed to operate a natural organic reduction facility in
Minnesota. The commissioner shall issue a cease and desist order to prevent the lapsed
license holder from operating a natural organic reduction facility in Minnesota and may
pursue any additional lawful remedies as justified by the case.
new text end

new text begin Subd. 6. new text end

new text begin Restoration of lapsed license. new text end

new text begin The commissioner may restore a lapsed license
upon receipt and review of a completed renewal application, receipt of the late filing penalty,
and reinspection of the premises, provided that the receipt is made within one calendar year
from the expiration date of the lapsed license and the cease and desist order issued by the
commissioner has not been violated. If a lapsed license is not restored within one calendar
year from the expiration date of the lapsed license, the holder of the lapsed license cannot
be relicensed until the requirements in section 149A.56 are met.
new text end

new text begin Subd. 7. new text end

new text begin Reporting changes in license information. new text end

new text begin Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later
than 30 calendar days after the change occurs. Failure to report changes is grounds for
disciplinary action.
new text end

new text begin Subd. 8. new text end

new text begin Application information. new text end

new text begin All information submitted to the commissioner by
an applicant for renewal of licensure to operate a natural organic reduction facility is
classified as licensing data under section 13.41, subdivision 5.
new text end

Sec. 16.

Minnesota Statutes 2022, section 149A.65, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Natural organic reduction facilities. new text end

new text begin The initial and renewal fee for a natural
organic reduction facility is $425. The late fee charge for a license renewal is $100.
new text end

Sec. 17.

Minnesota Statutes 2022, section 149A.70, subdivision 1, is amended to read:

Subdivision 1.

Use of titles.

Only a person holding a valid license to practice mortuary
science issued by the commissioner may use the title of mortician, funeral director, or any
other title implying that the licensee is engaged in the business or practice of mortuary
science. Only the holder of a valid license to operate an alkaline hydrolysis facility issued
by the commissioner may use the title of alkaline hydrolysis facility, water cremation,
water-reduction, biocremation, green-cremation, resomation, dissolution, or any other title,
word, or term implying that the licensee operates an alkaline hydrolysis facility. Only the
holder of a valid license to operate a funeral establishment issued by the commissioner may
use the title of funeral home, funeral chapel, funeral service, or any other title, word, or
term implying that the licensee is engaged in the business or practice of mortuary science.
Only the holder of a valid license to operate a crematory issued by the commissioner may
use the title of crematory, crematorium, green-cremation, or any other title, word, or term
implying that the licensee operates a crematory or crematorium. new text begin Only the holder of a valid
license to operate a natural organic reduction facility issued by the commissioner may use
the title of natural organic reduction facility, human composting, or any other title, word,
or term implying that the licensee operates a natural organic reduction facility.
new text end

Sec. 18.

Minnesota Statutes 2022, section 149A.70, subdivision 2, is amended to read:

Subd. 2.

Business location.

A funeral establishment, alkaline hydrolysis facility, new text begin natural
organic reduction facility, new text end or crematory shall not do business in a location that is not licensed
as a funeral establishment, alkaline hydrolysis facility, new text begin natural organic reduction facility,
new text end or crematory and shall not advertise a service that is available from an unlicensed location.

Sec. 19.

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

Subd. 3.

Advertising.

No licensee, clinical student, practicum student, or intern 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, new text begin natural organic reduction facility, new text end 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, new text begin natural organic reduction facility, new text end or crematory,
unless the surname had been previously and continuously used by the licensed funeral
establishment, alkaline hydrolysis facility, new text begin natural organic reduction facility, new text end 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, new text begin natural organic reduction facility, new text end 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, new text begin natural organic reduction
facility, new text end or crematory shall state the position held by the persons and shall identify each
person who is licensed or unlicensed under this chapter.

Sec. 20.

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

Subd. 5.

Reimbursement prohibited.

No licensee, clinical student, practicum student,
or intern 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, new text begin natural organic reduction facility, new text end crematory, mausoleum, or cemetery.

Sec. 21.

Minnesota Statutes 2022, section 149A.71, subdivision 2, is amended to read:

Subd. 2.

Preventive requirements.

(a) To prevent unfair or deceptive acts or practices,
the requirements of this subdivision must be met.

(b) Funeral providers must tell persons who ask by telephone about the funeral provider's
offerings or prices any accurate information from the price lists described in paragraphs (c)
to (e) and any other readily available information that reasonably answers the questions
asked.

(c) Funeral providers must make available for viewing to people who inquire in person
about the offerings or prices of funeral goods or burial site goods, separate printed or
typewritten price lists using a ten-point font or larger. Each funeral provider must have a
separate price list for each of the following types of goods that are sold or offered for sale:

(1) caskets;

(2) alternative containers;

(3) outer burial containers;

(4) alkaline hydrolysis containers;

(5) cremation containers;

(6) hydrolyzed remains containers;

(7) cremated remains containers;

(8) markers; deleted text begin and
deleted text end

(9) headstones deleted text begin . deleted text end new text begin ; and
new text end

new text begin (10) naturally reduced remains containers.
new text end

(d) Each separate price list must contain the name of the funeral provider's place of
business, address, and telephone number and a caption describing the list as a price list for
one of the types of funeral goods or burial site goods described in paragraph (c), clauses
(1) to deleted text begin (9) deleted text end new text begin (10) new text end . The funeral provider must offer the list upon beginning discussion of, but
in any event before showing, the specific funeral goods or burial site goods and must provide
a photocopy of the price list, for retention, if so asked by the consumer. The list must contain,
at least, the retail prices of all the specific funeral goods and burial site goods offered which
do not require special ordering, enough information to identify each, and the effective date
for the price list. However, funeral providers are not required to make a specific price list
available if the funeral providers place the information required by this paragraph on the
general price list described in paragraph (e).

(e) Funeral providers must give a printed price list, for retention, to persons who inquire
in person about the funeral goods, funeral services, burial site goods, or burial site services
or prices offered by the funeral provider. The funeral provider must give the list upon
beginning discussion of either the prices of or the overall type of funeral service or disposition
or specific funeral goods, funeral services, burial site goods, or burial site services offered
by the provider. This requirement applies whether the discussion takes place in the funeral
establishment or elsewhere. However, when the deceased is removed for transportation to
the funeral establishment, an in-person request for authorization to embalm does not, by
itself, trigger the requirement to offer the general price list. If the provider, in making an
in-person request for authorization to embalm, discloses that embalming is not required by
law except in certain special cases, the provider is not required to offer the general price
list. Any other discussion during that time about prices or the selection of funeral goods,
funeral services, burial site goods, or burial site services triggers the requirement to give
the consumer a general price list. The general price list must contain the following
information:

(1) the name, address, and telephone number of the funeral provider's place of business;

(2) a caption describing the list as a "general price list";

(3) the effective date for the price list;

(4) the retail prices, in any order, expressed either as a flat fee or as the prices per hour,
mile, or other unit of computation, and other information described as follows:

(i) forwarding of remains to another funeral establishment, together with a list of the
services provided for any quoted price;

(ii) receiving remains from another funeral establishment, together with a list of the
services provided for any quoted price;

(iii) separate prices for each alkaline hydrolysis new text begin , natural organic reduction, new text end or cremation
offered by the funeral provider, with the price including an alternative container new text begin or shroud
new text end or alkaline hydrolysis or cremation container deleted text begin , deleted text end new text begin ; new text end any alkaline hydrolysis new text begin , natural organic
reduction, new text end or crematory charges deleted text begin , deleted text end new text begin ; new text end and a description of the services and container included
in the price, where applicable, and the price of alkaline hydrolysis or cremation where the
purchaser provides the container;

(iv) separate prices for each immediate burial offered by the funeral provider, including
a casket or alternative container, and a description of the services and container included
in that price, and the price of immediate burial where the purchaser provides the casket or
alternative container;

(v) transfer of remains to the funeral establishment or other location;

(vi) embalming;

(vii) other preparation of the body;

(viii) use of facilities, equipment, or staff for viewing;

(ix) use of facilities, equipment, or staff for funeral ceremony;

(x) use of facilities, equipment, or staff for memorial service;

(xi) use of equipment or staff for graveside service;

(xii) hearse or funeral coach;

(xiii) limousine; and

(xiv) separate prices for all cemetery-specific goods and services, including all goods
and services associated with interment and burial site goods and services and excluding
markers and headstones;

(5) the price range for the caskets offered by the funeral provider, together with the
statement "A complete price list will be provided at the funeral establishment or casket sale
location." or the prices of individual caskets, as disclosed in the manner described in
paragraphs (c) and (d);

(6) the price range for the alternative containers new text begin or shrouds new text end offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or alternative container sale location." or the prices of individual alternative
containers, as disclosed in the manner described in paragraphs (c) and (d);

(7) the price range for the outer burial containers offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or
outer burial container sale location." or the prices of individual outer burial containers, as
disclosed in the manner described in paragraphs (c) and (d);

(8) the price range for the alkaline hydrolysis container offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or alkaline hydrolysis container sale location." or the prices of individual
alkaline hydrolysis containers, as disclosed in the manner described in paragraphs (c) and
(d);

(9) the price range for the hydrolyzed remains container offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or hydrolyzed remains container sale location." or the prices of individual
hydrolyzed remains container, as disclosed in the manner described in paragraphs (c) and
(d);

(10) the price range for the cremation containers offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or
cremation container sale location." or the prices of individual cremation containers, as
disclosed in the manner described in paragraphs (c) and (d);

(11) the price range for the cremated remains containers offered by the funeral provider,
together with the statement, "A complete price list will be provided at the funeral
establishment or cremated remains container sale location," or the prices of individual
cremation containers as disclosed in the manner described in paragraphs (c) and (d);

new text begin (12) the price range for the naturally reduced remains containers offered by the funeral
provider, together with the statement, "A complete price list will be provided at the funeral
establishment or naturally reduced remains container sale location," or the prices of individual
naturally reduced remains containers as disclosed in the manner described in paragraphs
(c) and (d);
new text end

deleted text begin (12) deleted text end new text begin (13) new text end the price for the basic services of funeral provider and staff, together with a
list of the principal basic services provided for any quoted price and, if the charge cannot
be declined by the purchaser, the statement "This fee for our basic services will be added
to the total cost of the funeral arrangements you select. (This fee is already included in our
charges for alkaline hydrolysis, new text begin natural organic reduction, new text end direct cremations, immediate
burials, and forwarding or receiving remains.)" If the charge cannot be declined by the
purchaser, the quoted price shall include all charges for the recovery of unallocated funeral
provider overhead, and funeral providers may include in the required disclosure the phrase
"and overhead" after the word "services." This services fee is the only funeral provider fee
for services, facilities, or unallocated overhead permitted by this subdivision to be
nondeclinable, unless otherwise required by law;

deleted text begin (13) deleted text end new text begin (14) new text end the price range for the markers and headstones offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or marker or headstone sale location." or the prices of individual markers and
headstones, as disclosed in the manner described in paragraphs (c) and (d); and

deleted text begin (14) deleted text end new text begin (15) new text end any package priced funerals offered must be listed in addition to and following
the information required in paragraph (e) and must clearly state the funeral goods and
services being offered, the price being charged for those goods and services, and the
discounted savings.

(f) Funeral providers must give an itemized written statement, for retention, to each
consumer who arranges an at-need funeral or other disposition of human remains at the
conclusion of the discussion of the arrangements. The itemized written statement must be
signed by the consumer selecting the goods and services as required in section 149A.80. If
the statement is provided by a funeral establishment, the statement must be signed by the
licensed funeral director or mortician planning the arrangements. If the statement is provided
by any other funeral provider, the statement must be signed by an authorized agent of the
funeral provider. The statement must list the funeral goods, funeral services, burial site
goods, or burial site services selected by that consumer and the prices to be paid for each
item, specifically itemized cash advance items (these prices must be given to the extent then
known or reasonably ascertainable if the prices are not known or reasonably ascertainable,
a good faith estimate shall be given and a written statement of the actual charges shall be
provided before the final bill is paid), and the total cost of goods and services selected. At
the conclusion of an at-need arrangement, the funeral provider is required to give the
consumer a copy of the signed itemized written contract that must contain the information
required in this paragraph.

(g) Upon receiving actual notice of the death of an individual with whom a funeral
provider has entered a preneed funeral agreement, the funeral provider must provide a copy
of all preneed funeral agreement documents to the person who controls final disposition of
the human remains or to the designee of the person controlling disposition. The person
controlling final disposition shall be provided with these documents at the time of the
person's first in-person contact with the funeral provider, if the first contact occurs in person
at a funeral establishment, alkaline hydrolysis facility, crematory, new text begin natural organic reduction
facility, new text end or other place of business of the funeral provider. If the contact occurs by other
means or at another location, the documents must be provided within 24 hours of the first
contact.

Sec. 22.

Minnesota Statutes 2022, section 149A.71, subdivision 4, is amended to read:

Subd. 4.

Casket, alternate container, alkaline hydrolysis container, new text begin naturally reduced
remains container, new text end and cremation container sales; records; required disclosures.

Any
funeral provider who sells or offers to sell a casket, alternate container, alkaline hydrolysis
container, hydrolyzed remains container, new text begin naturally reduced remains container, new text end cremation
container, or cremated remains container to the public must maintain a record of each sale
that includes the name of the purchaser, the purchaser's mailing address, the name of the
decedent, the date of the decedent's death, and the place of death. These records shall be
open to inspection by the regulatory agency. Any funeral provider selling a casket, alternate
container, or cremation container to the public, and not having charge of the final disposition
of the dead human body, shall provide a copy of the statutes and rules controlling the
removal, preparation, transportation, arrangements for disposition, and final disposition of
a dead human body. This subdivision does not apply to morticians, funeral directors, funeral
establishments, crematories, or wholesale distributors of caskets, alternate containers,
alkaline hydrolysis containers, or cremation containers.

Sec. 23.

Minnesota Statutes 2022, section 149A.72, subdivision 3, is amended to read:

Subd. 3.

Casket for alkaline hydrolysis new text begin , natural organic reduction, new text end or cremation
provisions; deceptive acts or practices.

In selling or offering to sell funeral goods or
funeral services to the public, it is a deceptive act or practice for a funeral provider to
represent that a casket is required for alkaline hydrolysis new text begin , natural organic reduction, new text end or
cremations by state or local law or otherwise.

Sec. 24.

Minnesota Statutes 2022, section 149A.72, subdivision 9, is amended to read:

Subd. 9.

Deceptive acts or practices.

In selling or offering to sell funeral goods, funeral
services, burial site goods, or burial site services to the public, it is a deceptive act or practice
for a funeral provider to represent that federal, state, or local laws, or particular cemeteries,
alkaline hydrolysis facilities, new text begin natural organic reduction facilities, new text end or crematories require the
purchase of any funeral goods, funeral services, burial site goods, or burial site services
when that is not the case.

Sec. 25.

Minnesota Statutes 2022, section 149A.73, subdivision 1, is amended to read:

Subdivision 1.

Casket for alkaline hydrolysis new text begin , natural organic reduction, new text end or cremation
provisions; deceptive acts or practices.

In selling or offering to sell funeral goods, funeral
services, burial site goods, or burial site services to the public, it is a deceptive act or practice
for a funeral provider to require that a casket be purchased for alkaline hydrolysis new text begin , natural
organic reduction, new text end or cremation.

Sec. 26.

Minnesota Statutes 2022, section 149A.74, subdivision 1, is amended to read:

Subdivision 1.

Services provided without prior approval; deceptive acts or
practices.

In selling or offering to sell funeral goods or funeral services to the public, it is
a deceptive act or practice for any funeral provider to embalm a dead human body unless
state or local law or regulation requires embalming in the particular circumstances regardless
of any funeral choice which might be made, or prior approval for embalming has been
obtained from an individual legally authorized to make such a decision. In seeking approval
to embalm, the funeral provider must disclose that embalming is not required by law except
in certain circumstances; that a fee will be charged if a funeral is selected which requires
embalming, such as a funeral with viewing; and that no embalming fee will be charged if
the family selects a service which does not require embalming, such as direct alkaline
hydrolysis, direct cremation, new text begin natural organic reduction, new text end or immediate burial.

Sec. 27.

Minnesota Statutes 2022, section 149A.93, subdivision 3, is amended to read:

Subd. 3.

Disposition permit.

A disposition permit is required before a body can be
buried, entombed, alkaline hydrolyzed, new text begin naturally reduced, new text end or cremated. No disposition
permit shall be issued until a fact of death record has been completed and filed with the
state registrar of vital records.

Sec. 28.

Minnesota Statutes 2022, section 149A.94, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Every dead human body lying within the state, except
unclaimed bodies delivered for dissection by the medical examiner, those delivered for
anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through
the state for the purpose of disposition elsewhere; and the remains of any dead human body
after dissection or anatomical study, shall be decently buried or entombed in a public or
private cemetery, alkaline hydrolyzed, new text begin naturally reduced, new text end or cremated within a reasonable
time after death. Where final disposition of a body will not be accomplished new text begin , or when natural
organic reduction will not be initiated, new text end within 72 hours following death or release of the
body by a competent authority with jurisdiction over the body, the body must be properly
embalmed, refrigerated, or packed with dry ice. A body may not be kept in refrigeration for
a period exceeding six calendar days, or packed in dry ice for a period that exceeds four
calendar days, from the time of death or release of the body from the coroner or medical
examiner.

Sec. 29.

Minnesota Statutes 2022, section 149A.94, subdivision 3, is amended to read:

Subd. 3.

Permit required.

No dead human body shall be buried, entombed, new text begin alkaline
hydrolyzed, naturally reduced, new text end or cremated without a disposition permit. The disposition
permit must be filed with the person in charge of the place of final disposition. Where a
dead human body will be transported out of this state for final disposition, the body must
be accompanied by a certificate of removal.

Sec. 30.

Minnesota Statutes 2022, section 149A.94, subdivision 4, is amended to read:

Subd. 4.

Alkaline hydrolysis new text begin , natural organic reduction, new text end or cremation.

Inurnment
of alkaline hydrolyzed new text begin , naturally reduced, new text end or cremated remains and release to an appropriate
party is considered final disposition and no further permits or authorizations are required
for transportation, interment, entombment, or placement of the deleted text begin cremated deleted text end remains, except
as provided in section 149A.95, subdivision 16.

Sec. 31.

new text begin [149A.955] NATURAL ORGANIC REDUCTION FACILITIES AND
NATURAL ORGANIC REDUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin A dead human body may only undergo natural organic
reduction in this state at a natural organic reduction facility licensed by the commissioner
of health.
new text end

new text begin Subd. 2. new text end

new text begin General requirements. new text end

new text begin Any building to be used as a natural organic reduction
facility must comply with all applicable local and state building codes, zoning laws and
ordinances, and environmental standards. A natural organic reduction facility must have,
on site, a natural organic reduction system approved by the commissioner and a motorized
mechanical device for processing naturally reduced remains and must have, in the building,
a refrigerated holding facility for the retention of dead human bodies awaiting natural organic
reduction. The holding facility must be secure from access by anyone except the authorized
personnel of the natural organic reduction facility, preserve the dignity of the remains, and
protect the health and safety of the natural organic reduction facility personnel.
new text end

new text begin Subd. 3. new text end

new text begin Aerobic reduction vessel. new text end

new text begin A natural organic reduction facility must use as a
natural organic reduction vessel, a contained reduction vessel that is designed to promote
aerobic reduction and that minimizes odors.
new text end

new text begin Subd. 4. new text end

new text begin Unlicensed personnel. new text end

new text begin A licensed natural organic reduction facility may employ
unlicensed personnel, provided that all applicable provisions of this chapter are followed.
It is the duty of the licensed natural organic reduction facility to provide proper training for
all unlicensed personnel, and the licensed natural organic reduction facility shall be strictly
accountable for compliance with this chapter and other applicable state and federal regulations
regarding occupational and workplace health and safety.
new text end

new text begin Subd. 5. new text end

new text begin Authorization to naturally reduce. new text end

new text begin No natural organic reduction facility shall
naturally reduce or cause to be naturally reduced any dead human body or identifiable body
part without receiving written authorization to do so from the person or persons who have
the legal right to control disposition as described in section 149A.80 or the person's legal
designee. The written authorization must include:
new text end

new text begin (1) the name of the deceased and the date of death of the deceased;
new text end

new text begin (2) a statement authorizing the natural organic reduction facility to naturally reduce the
body;
new text end

new text begin (3) the name, address, phone number, relationship to the deceased, and signature of the
person or persons with the legal right to control final disposition or a legal designee;
new text end

new text begin (4) directions for the disposition of any non-naturally reduced materials or items recovered
from the natural organic reduction vessel;
new text end

new text begin (5) acknowledgment that some of the naturally reduced remains will be mechanically
reduced to a granulated appearance and included in the appropriate containers with the
naturally reduced remains; and
new text end

new text begin (6) directions for the ultimate disposition of the naturally reduced remains.
new text end

new text begin Subd. 6. new text end

new text begin Limitation of liability. new text end

new text begin A licensed natural organic reduction facility acting in
good faith, with reasonable reliance upon an authorization to naturally reduce, pursuant to
an authorization to naturally reduce, and in an otherwise lawful manner shall be held harmless
from civil liability and criminal prosecution for any actions taken by the natural organic
reduction facility.
new text end

new text begin Subd. 7. new text end

new text begin Acceptance of delivery of body. new text end

new text begin (a) No dead human body shall be accepted
for final disposition by natural organic reduction unless the body is:
new text end

new text begin (1) wrapped in a container, such as a pouch or shroud, that is impermeable or
leak-resistant;
new text end

new text begin (2) accompanied by a disposition permit issued pursuant to section 149A.93, subdivision
3, including a photocopy of the complete death record or a signed release authorizing natural
organic reduction received from a coroner or medical examiner; and
new text end

new text begin (3) accompanied by a natural organic reduction authorization that complies with
subdivision 5.
new text end

new text begin (b) A natural organic reduction facility shall refuse to accept delivery of the dead human
body:
new text end

new text begin (1) where there is a known dispute concerning natural organic reduction of the body
delivered;
new text end

new text begin (2) where there is a reasonable basis for questioning any of the representations made on
the written authorization to naturally reduce; or
new text end

new text begin (3) for any other lawful reason.
new text end

new text begin (c) When a container, pouch, or shroud containing a dead human body shows evidence
of leaking bodily fluid, the container, pouch, or shroud and the body must be returned to
the contracting funeral establishment, or the body must be transferred to a new container,
pouch, or shroud by a properly licensed individual.
new text end

new text begin (d) If a dead human body is delivered to a natural organic reduction facility in a container,
pouch, or shroud that is not suitable for placement in a natural organic reduction vessel, the
transfer of the body to the vessel must be performed by a properly licensed individual.
new text end

new text begin Subd. 8. new text end

new text begin Bodies awaiting natural organic reduction. new text end

new text begin A dead human body must be
placed in the natural organic reduction vessel to initiate the natural reduction process within
a reasonable time after death, pursuant to section 149A.94, subdivision 1.
new text end

new text begin Subd. 9. new text end

new text begin Handling of dead human bodies. new text end

new text begin All natural organic reduction facility
employees handling the containers, pouches, or shrouds for dead human bodies shall use
universal precautions and otherwise exercise all reasonable precautions to minimize the
risk of transmitting any communicable disease from the body. No dead human body shall
be removed from the container, pouch, or shroud in which it is delivered to the natural
organic reduction facility without express written authorization of the person or persons
with legal right to control the disposition and only by a properly licensed individual. The
person or persons with the legal right to control the body or that person's noncompensated
designee may be involved with preparation of the body pursuant to section 149A.01,
subdivision 3, paragraph (c).
new text end

new text begin Subd. 10. new text end

new text begin Identification of the body. new text end

new text begin All licensed natural organic reduction facilities
shall develop, implement, and maintain an identification procedure whereby dead human
bodies can be identified from the time the natural organic reduction facility accepts delivery
of the body until the naturally reduced remains are released to an authorized party. After
natural organic reduction, an identifying disk, tab, or other permanent label shall be placed
within the naturally reduced remains container or containers before the remains are released
from the natural organic reduction facility. Each identification disk, tab, or label shall have
a number that shall be recorded on all paperwork regarding the decedent. This procedure
shall be designed to reasonably ensure that the proper body is naturally reduced and that
the remains are returned to the appropriate party. Loss of all or part of the remains or the
inability to individually identify the remains is a violation of this subdivision.
new text end

new text begin Subd. 11. new text end

new text begin Natural organic reduction vessel for human remains. new text end

new text begin A licensed natural
organic reduction facility shall knowingly naturally reduce only dead human bodies or
human remains in a natural organic reduction vessel.
new text end

new text begin Subd. 12. new text end

new text begin Natural organic reduction procedures; privacy. new text end

new text begin The final disposition of
dead human bodies by natural organic reduction shall be done in privacy. Unless there is
written authorization from the person with the legal right to control the final disposition,
only authorized natural organic reduction facility personnel shall be permitted in the natural
organic reduction area while any human body is awaiting placement in a natural organic
reduction vessel, being removed from the vessel, or being processed for placement in a
naturally reduced remains container. This does not prohibit an in-person laying-in ceremony
to honor the deceased and the transition prior to the placement.
new text end

new text begin Subd. 13. new text end

new text begin Natural organic reduction procedures; commingling of bodies
prohibited. new text end

new text begin Except with the express written permission of the person with the legal right
to control the final disposition, no natural organic reduction facility shall naturally reduce
more than one dead human body at the same time and in the same natural organic reduction
vessel or introduce a second dead human body into same natural organic reduction vessel
until reasonable efforts have been employed to remove all fragments of remains from the
preceding natural organic reduction. This section does not apply where commingling of
human remains during natural organic reduction is otherwise provided by law. The fact that
there is incidental and unavoidable residue in the natural organic reduction vessel used in
a prior natural organic reduction is not a violation of this subdivision.
new text end

new text begin Subd. 14. new text end

new text begin Natural organic reduction procedures; removal from natural organic
reduction vessel. new text end

new text begin Upon completion of the natural organic reduction process, reasonable
efforts shall be made to remove from the natural organic reduction vessel all the recoverable
naturally reduced remains. The naturally reduced remains shall be transported to the
processing area, and any non-naturally reducible materials or items shall be separated from
the naturally reduced remains and disposed of, in any lawful manner, by the natural organic
reduction facility.
new text end

new text begin Subd. 15. new text end

new text begin Natural organic reduction procedures; commingling of naturally reduced
remains prohibited. new text end

new text begin Except with the express written permission of the person with the
legal right to control the final deposition or otherwise provided by law, no natural organic
reduction facility shall mechanically process the naturally reduced remains of more than
one body at a time in the same mechanical processor, or introduce the naturally reduced
remains of a second body into a mechanical processor until reasonable efforts have been
employed to remove all fragments of naturally reduced remains already in the processor.
The fact that there is incidental and unavoidable residue in the mechanical processor is not
a violation of this subdivision.
new text end

new text begin Subd. 16. new text end

new text begin Natural organic reduction procedures; processing naturally reduced
remains. new text end

new text begin The naturally reduced remains shall be cured appropriately, and then any fragments
larger than one centimeter shall be reduced by a motorized mechanical device to a granulated
appearance appropriate for final disposition and placed in one or more containers along
with the appropriate identifying disks, tabs, or permanent labels.
new text end

new text begin Subd. 17. new text end

new text begin Natural organic reduction procedures; use of more than one naturally
reduced remains container. new text end

new text begin If the naturally reduced remains are to be separated into two
or more naturally reduced remains containers according to the directives provided in the
written authorization for natural organic reduction, all of the containers shall contain duplicate
identification disks, tabs, or permanent labels and all paperwork regarding the given body
shall include a notation of the number of and disposition of each container, as provided in
the written authorization.
new text end

new text begin Subd. 18. new text end

new text begin Natural organic reduction procedures; disposition of accumulated
residue. new text end

new text begin Every natural organic reduction facility shall provide for the removal and disposition
of any accumulated residue from any natural organic reduction vessel, mechanical processor,
or other equipment used in natural organic reduction. Disposition of accumulated residue
shall be by any lawful manner deemed appropriate.
new text end

new text begin Subd. 19. new text end

new text begin Natural organic reduction procedures; release of naturally reduced
remains. new text end

new text begin Following completion of the natural organic reduction process, the inurned naturally
reduced remains shall be released according to the instructions given on the written
authorization for natural organic reduction. If the remains are to be shipped, they must be
securely packaged and transported by a method which has an internal tracing system available
and which provides a receipt signed by the person accepting delivery. Where there is a
dispute over release or disposition of the naturally reduced remains, a natural organic
reduction facility may deposit the naturally reduced remains in accordance with the directives
of a court of competent jurisdiction pending resolution of the dispute or retain the naturally
reduced remains until the person with the legal right to control disposition presents
satisfactory indication that the dispute is resolved.
new text end

new text begin Subd. 20. new text end

new text begin Unclaimed naturally reduced remains. new text end

new text begin If, after 30 calendar days following
the inurnment, the naturally reduced remains are not claimed or disposed of according to
the written authorization for natural organic reduction, the natural organic reduction facility
shall give written notice, by certified mail, to the person with the legal right to control the
final disposition or a legal designee, that the naturally reduced remains are unclaimed and
requesting further release directions. Should the naturally reduced remains be unclaimed
120 calendar days following the mailing of the written notification, the natural organic
reduction facility may return the remains to the earth respectfully in any lawful manner
deemed appropriate.
new text end

new text begin Subd. 21. new text end

new text begin Required records. new text end

new text begin Every natural organic reduction facility shall create and
maintain on its premises or other business location in Minnesota an accurate record of every
natural organic reduction provided. The record shall include all of the following information
for each natural organic reduction:
new text end

new text begin (1) the name of the person or funeral establishment delivering the body for natural
organic reduction;
new text end

new text begin (2) the name of the deceased and the identification number assigned to the body;
new text end

new text begin (3) the date of acceptance of delivery;
new text end

new text begin (4) the names of the operator of the natural organic reduction process and mechanical
processor operator;
new text end

new text begin (5) the times and dates that the body was placed in and removed from the natural organic
reduction vessel;
new text end

new text begin (6) the time and date that processing and inurnment of the naturally reduced remains
was completed;
new text end

new text begin (7) the time, date, and manner of release of the naturally reduced remains;
new text end

new text begin (8) the name and address of the person who signed the authorization for natural organic
reduction;
new text end

new text begin (9) all supporting documentation, including any transit or disposition permits, a photocopy
of the death record, and the authorization for natural organic reduction; and
new text end

new text begin (10) the type of natural organic reduction vessel.
new text end

new text begin Subd. 22. new text end

new text begin Retention of records. new text end

new text begin Records required under subdivision 21 shall be
maintained for a period of three calendar years after the release of the naturally reduced
remains. Following this period and subject to any other laws requiring retention of records,
the natural organic reduction facility may then place the records in storage or reduce them
to microfilm, a digital format, 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 release
of the naturally reduced remains. At the end of this period and subject to any other laws
requiring retention of records, the natural organic reduction facility may destroy the records
by shredding, incineration, or any other manner that protects the privacy of the individuals
identified.
new text end