HF 3458

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 02:25pm

A bill for an act
relating to health; modifying certain cremation provisions; amending Minnesota
Statutes 2016, sections 149A.941, subdivisions 12, 27; 149A.95, subdivision 4,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 149A.941, subdivision 12, is amended to
read:

Subd. 12.

Authorization to hydrolyze required.

No alkaline hydrolysis facility shall
hydrolyze or cause to be hydrolyzed 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:

(1) the name of the deceased and the date of death of the deceased;

(2) a statement authorizing the alkaline hydrolysis facility to hydrolyze the body;

(3) the name, address, telephone number, new text begin and new text end relationship to the deceased deleted text begin , and signature deleted text end
of new text begin the person or persons authorized to accept the hydrolyzed remains, as designated by new text end the
person or persons with legal right to control final disposition or a legal designee;

(4) directions for the disposition of any nonhydrolyzed materials or items recovered
from the alkaline hydrolysis vessel;

(5) acknowledgment that the hydrolyzed remains will be dried and mechanically reduced
to a granulated appearance and placed in an appropriate container and authorization to place
any hydrolyzed remains that a selected urn or container will not accommodate into a
temporary container;

(6) acknowledgment that, even with the exercise of reasonable care, it is not possible to
recover all particles of the hydrolyzed remains and that some particles may inadvertently
become commingled with particles of other hydrolyzed remains that remain in the alkaline
hydrolysis vessel or other mechanical devices used to process the hydrolyzed remains;

(7) directions for the ultimate disposition of the hydrolyzed remains; and

(8) a statement that includes, but is not limited to, the following information: "During
the alkaline hydrolysis process, chemical dissolution using heat, water, and an alkaline
solution is used to chemically break down the human tissue and the hydrolyzable alkaline
hydrolysis container. After the process is complete, the liquid effluent solution contains the
chemical by-products of the alkaline hydrolysis process except for the deceased's bone
fragments. The solution is cooled and released according to local environmental regulations.
A water rinse is applied to the hydrolyzed remains which are then dried and processed to
facilitate inurnment or scattering."

Sec. 2.

Minnesota Statutes 2016, section 149A.941, subdivision 27, is amended to read:

Subd. 27.

Alkaline hydrolysis procedures; release of hydrolyzed remains.

Following
completion of the hydrolyzation, the inurned hydrolyzed remains shall be released according
to the instructions given on the written authorization to hydrolyze. If the hydrolyzed 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 for a receipt signed by the person
accepting delivery. Where there is a dispute over release or disposition of the hydrolyzed
remains, an alkaline hydrolysis facility may deposit the hydrolyzed remains with a court of
competent jurisdiction pending resolution of the dispute or retain the hydrolyzed remains
until the person with the legal right to control disposition presents satisfactory indication
that the dispute is resolved. new text begin Alkaline hydrolysis facilities must follow the same procedures
for release of hydrolyzed remains as other crematories, as specified in section 149A.95,
subdivision 18a.
new text end

Sec. 3.

Minnesota Statutes 2016, section 149A.95, subdivision 4, is amended to read:

Subd. 4.

Authorization to cremate required.

No crematory shall cremate or cause to
be cremated 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 begin all of the following information new text end :

(1) the name of the deceased and the date of death;

(2) a statement authorizing the crematory to cremate the body;

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

(4) new text begin the name, address, telephone number, and relationship to the deceased of the person
or persons authorized to accept the cremated remains, as designated by the person or persons
with legal right to control final disposition or a legal designee;
new text end

new text begin (5) new text end certification that the body does not contain any implanted mechanical or radioactive
device, such as a heart pacemaker, that may create a hazard when placed in the cremation
chamber;

deleted text begin (5) deleted text end new text begin (6) new text end authorization to remove the body from the container in which it was delivered,
if that container is not appropriate for cremation, and to place the body in an appropriate
cremation container and directions for the disposition of the original container;

deleted text begin (6) deleted text end new text begin (7) new text end authorization to open the cremation chamber and reposition the body to facilitate
a thorough cremation and to remove from the cremation chamber and separate from the
cremated remains, any noncombustible materials or items;

deleted text begin (7) deleted text end new text begin (8) new text end directions for the disposition of any noncombustible materials or items recovered
from the cremation chamber;

deleted text begin (8) deleted text end new text begin (9) new text end acknowledgment that the cremated remains will be mechanically reduced to a
granulated appearance and placed in an appropriate container and authorization to place
any cremated remains that a selected urn or container will not accommodate into a temporary
container;

deleted text begin (9) deleted text end new text begin (10) new text end acknowledgment that, even with the exercise of reasonable care, it is not possible
to recover all particles of the cremated remains and that some particles may inadvertently
become commingled with disintegrated chamber material and particles of other cremated
remains that remain in the cremation chamber or other mechanical devices used to process
the cremated remains; and

deleted text begin (10) deleted text end new text begin (11) new text end directions for the ultimate disposition of the cremated remains.

Sec. 4.

Minnesota Statutes 2016, section 149A.95, is amended by adding a subdivision to
read:

new text begin Subd. 18a. new text end

new text begin Release of cremated remains form. new text end

new text begin Every crematory or other funeral
establishment shall create a release of cremated remains form. The form shall include all
of the following information for each decedent:
new text end

new text begin (1) the name of the deceased and the crematory identification number assigned to the
body;
new text end

new text begin (2) the name of the crematory that performed the cremation;
new text end

new text begin (3) the name of the funeral establishment that handled the funeral arrangements;
new text end

new text begin (4) the name of the person representing the establishment who released the cremated
remains;
new text end

new text begin (5) the name, address, and relationship to the decedent of the person authorized to receive
the cremated remains as designated on the cremation authorization form;
new text end

new text begin (6) the date and time of when the remains were released; and
new text end

new text begin (7) the signature of the person or persons who accepted the cremated remains. All persons
on the cremation authorization form authorized to accept the cremated remains must sign
before the remains can be released.
new text end