Minnesota Legislature
HF 2866
as introduced - 91st Legislature (2019 - 2020) Posted on 05/02/2019 10:31am
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A bill for an act
relating to health; authorizing persons trained as emergency medical technicians
to remove and transport dead human bodies; amending Minnesota Statutes 2018,
sections 149A.01, subdivision 3; 149A.90, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, 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) Notwithstanding paragraph (f), a person who satisfies the training requirements for
an emergency medical technician under chapter 144E may, without being licensed under
this chapter, take charge of a dead human body, remove the dead human body from a place
of death, and transport the dead human body, in compliance with the requirements in section
149A.90, to a location where the body is held awaiting final disposition. In order to remove
a dead human body from the place of death and transport the body under this paragraph, a
person must register with the commissioner. The commissioner shall develop forms and
procedures to register persons under this paragraph.
new text end
Sec. 2.
Minnesota Statutes 2018, 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 ordeleted text end new text begin ,new text end funeral directornew text begin , person who satisfies the training requirements
for an emergency medical technician and is registered with the commissioner,new text end or deleted text begin bydeleted text end a
noncompensated person with the right to control the dead human bodynew text begin ,new text end 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.