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HF 1744

as introduced - 87th Legislature (2011 - 2012) Posted on 05/20/2011 08:49am

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A bill for an act
relating to mortuary science; changing provisions for coroner or medical
examiner duties;amending Minnesota Statutes 2010, sections 144.221, by
adding a subdivision; 149A.01, subdivisions 3, 4; 149A.02, subdivisions 3, 5,
13a, 16, 19, 30, 36, by adding subdivisions; 149A.03; 149A.50, subdivisions 1,
2; 149A.52, subdivision 2; 149A.70, subdivision 6; 149A.71, subdivisions 2, 4;
149A.72, subdivision 2; 149A.80, subdivisions 2, 5, 6, 7; 149A.90; 149A.91,
subdivisions 2, 3, 6; 149A.93, subdivisions 1, 2, 6, 7; 149A.94, subdivisions 1, 3;
149A.95, subdivisions 6, 7, 20; 149A.96, subdivisions 1, 4, 7; proposing coding
for new law in Minnesota Statutes, chapter 306; repealing Minnesota Statutes
2010, section 149A.02, subdivision 29.

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

Section 1.

Minnesota Statutes 2010, section 144.221, is amended by adding a
subdivision to read:


Subd. 4.

Certificate of final disposition.

Within five days of final disposition,
the person supervising final disposition shall electronically file with the state registrar a
certification of final disposition which shall include the following information:

(1) the name of the deceased and the identification number assigned to the body;

(2) the date, time, and location where the final disposition occurred (burial,
entombment, cremation);

(3) the name of the cemetery or crematory;

(4) the name and address to whom any remains were released; and

(5) the time, date, manner, and location of the scattering or burial of the cremated
remains if known to the licensee.

The state registrar shall make this information part of the decedent's final death
certificate.

Sec. 2.

Minnesota Statutes 2010, 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, or 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) (c) 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) (d) 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) (e) 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. 3.

Minnesota Statutes 2010, section 149A.01, subdivision 4, is amended to read:


Subd. 4.

Nonlimiting.

(a) Nothing in this chapter shall be construed to limit the
powers granted to the commissioner of health, commissioner of commerce, state attorney
general, or a county attorney in any other statute, law, or rule, except as described in
paragraph (b).

(b) A county, within its jurisdiction as a coroner or medical examiner, may establish
transportation standards for transporting a dead human body from the death scene to the
place where an autopsy is to be conducted, so long as the standards do not specifically
require that the transporter be a licensed funeral director.
throughout the entire time the
body is in the custody of the coroner or medical examiner.

Sec. 4.

Minnesota Statutes 2010, 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, or cremation of a dead human body.

Sec. 5.

Minnesota Statutes 2010, section 149A.02, subdivision 5, is amended to read:


Subd. 5.

Casket.

"Casket" means a rigid container which is designed for the
encasement of a dead human body and is usually constructed of wood, metal, fiberglass,
plastic, or like material, and ornamented and lined with fabric. Caskets are funeral goods
under subdivision 21.

Sec. 6.

Minnesota Statutes 2010, 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. The mortician funeral director supervisor is accountable for
the actions of the clinical student, practicum student, or intern throughout the course of
the training. The supervising mortician funeral director is accountable for any violations
of law or rule, in the performance of their duties, by the clinical student, practicum
student, or intern.

Sec. 7.

Minnesota Statutes 2010, 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, or cremation of a dead human body.
disposing of a
dead human body by burial in a cemetery, entombment, hydrolysis, or cremation.

Sec. 8.

Minnesota Statutes 2010, section 149A.02, subdivision 19, is amended to read:


Subd. 19.

Funeral director.

"Funeral director" means any person a person
licensed to practice mortuary science who practices the art of embalming and
who, for
compensation,
arranges, directs, or supervises funerals, memorial services, or graveside
services, or engages in the business or practice of preparing dead human bodies for final
disposition by means other than embalming. The titles funeral director and mortician are
synonymous and both may be used by licensed funeral directors.

Sec. 9.

Minnesota Statutes 2010, section 149A.02, subdivision 30, is amended to read:


Subd. 30.

Mortuary science.

"Mortuary science" means the study and practice
of preparing dead human bodies for final disposition and providing funeral services.
Mortuary science includes any conduct or action associated with the removal, preparation,
transportation, arrangements for disposition, or final disposition of dead human bodies,
including the actions and duties of a mortician or a funeral director.

Sec. 10.

Minnesota Statutes 2010, section 149A.02, is amended by adding a
subdivision to read:


Subd. 34a.

Private building.

"Private building" means a building that is not
frequented by, nor open to, the public.

Sec. 11.

Minnesota Statutes 2010, section 149A.02, subdivision 36, is amended to read:


Subd. 36.

Professional services.

"Professional services" means the basic services
of the funeral director or mortician and staff that are furnished by the funeral provider
in arranging final disposition. The services include, but are not limited to, conducting
the arrangement conference; planning visitations and the funeral, memorial service,
or graveside service; arranging for final disposition by securing, preparing, and filing
necessary permits and documents; and placing obituary notices.

Sec. 12.

Minnesota Statutes 2010, section 149A.02, is amended by adding a
subdivision to read:


Subd. 36a.

Public building.

"Public building" means every building used as a place
of public assembly or a place of public resort or that is open to the public during normal
business hours, including any nonprofit school, place of worship, or hospital.

Sec. 13.

Minnesota Statutes 2010, 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; and

(iv) licensing and operation of a crematory;

(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.

Minnesota Statutes 2010, section 149A.50, subdivision 1, is amended to read:


Subdivision 1.

License required.

Except as provided in section 149A.01,
subdivision 3
, no person shall maintain, manage, or operate a place or premise devoted to
or used in the holding, care, or preparation of a dead human body for final disposition,
or any place used as the office or place of business for the provision of funeral services,
or funeral goods, without possessing a valid license to operate a funeral establishment
issued by the commissioner of health.

Sec. 15.

Minnesota Statutes 2010, section 149A.50, subdivision 2, is amended to read:


Subd. 2.

Requirements for funeral establishment.

A funeral establishment
licensed under this section must:

(1) contain a preparation and embalming room as described in section 149A.92;

(2) contain office space for making arrangements; and

(3) comply with applicable local and state building codes, zoning laws, and
ordinances.; and

(4) employ a licensed funeral director.

Sec. 16.

Minnesota Statutes 2010, section 149A.52, subdivision 2, is amended to read:


Subd. 2.

Requirements for crematory.

(a) A crematory licensed under this section
must consist of:

(1) maintain a building or structure that complies with applicable local and state
building codes, zoning laws and ordinances, and environmental standards, containing one
or more cremation chambers or retorts for the cremation of dead human bodies;

(2) maintain a motorized mechanical device for grinding, crushing, or pulverizing
the cremated remains to a granulated appearance appropriate for final disposition; and

(3) maintain an appropriate holding facility for dead human bodies awaiting
cremation.; and

(4) employ a licensed funeral director.

(b) A crematory licensed under this section may also contain a display room for
funeral goods.

Sec. 17.

Minnesota Statutes 2010, section 149A.70, subdivision 6, is amended to read:


Subd. 6.

Use of unlicensed personnel; interns; and practicum students.

Except
as otherwise provided in this chapter, a licensed funeral establishment may not employ
unlicensed personnel to perform the duties of a funeral director or mortician. A licensee
may be personally assisted by a nonlicensed employee when removing a dead human
body from the place of death and in the lifting of a dead human body at the funeral
establishment. The nonlicensed employee must be in the immediate physical presence of
the licensee in charge at all times. The funeral establishment and the individual licensee
are responsible for compliance and training of the nonlicensed employee outlined in
sections 149A.90, subdivision 6, and 149A.92, subdivisions 7 and 10, and shall be fully
accountable for all actions of the nonlicensed employee.

Sec. 18.

Minnesota Statutes 2010, 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) cremation containers;

(5) cremated remains containers;

(6) markers; and

(7) headstones.

(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 (7). 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 cremation offered by the funeral provider, with the price
including an alternative or cremation container, any crematory charges, and a description
of the services and container included in the price, where applicable, and the price of
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 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 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 and cremated remains containers, as disclosed in the manner described in
paragraphs (c) and (d);

(9) 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 cremation container sale location," or the prices of individual cremation
containers as disclosed in the manner described in paragraphs (c) and (d);

(10) 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 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;

(11) 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

(12) 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, crematory, 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. 19.

Minnesota Statutes 2010, section 149A.71, subdivision 4, is amended to read:


Subd. 4.

Casket, alternate container, and cremation container sales; records;
required disclosures.

Any funeral provider who sells or offers to sell a casket, alternate
container, or 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, or cremation containers.

Sec. 20.

Minnesota Statutes 2010, section 149A.72, subdivision 2, is amended to read:


Subd. 2.

Embalming provisions; preventive requirements.

To prevent deceptive
acts or practices, a funeral provider must not represent that a dead human body is required
to be embalmed for direct cremation, immediate burial, or a closed casket funeral without
viewing or visitation, when refrigeration is available and when not required by law.
The funeral provider must also place the following disclosure on the general price list,
described in section 149A.71, subdivision 2, paragraph (e), in immediate conjunction with
the price shown for embalming: "Except in certain cases, embalming is not required by
law. Embalming may be necessary, however, if you select certain funeral arrangements,
such as a funeral with viewing. If you do not want embalming, you usually have the right
to choose an arrangement that does not require you to pay for it, such as direct cremation
or immediate burial or when refrigeration or use of dry ice is available."

Sec. 21.

Minnesota Statutes 2010, section 149A.80, subdivision 2, is amended to read:


Subd. 2.

Determination of right to control and duty of disposition.

The right to
control the dead human body, including the location and conditions of final disposition,
unless other directions have been given by the decedent pursuant to subdivision 1, vests
in, and the duty of final disposition of the body devolves upon, the following in the order
of priority listed:

(1) the person or persons appointed in a dated written instrument signed by the
decedent. Written instrument includes, but is not limited to, a health care directive
executed under chapter 145C. If there is a dispute involving more than one written
instrument, a written instrument that is witnessed or notarized prevails over a written
instrument that is not witnessed or notarized. Written instrument does not include a
durable or nondurable power of attorney which terminates on the death of the principal
pursuant to sections 523.08 and 523.09;

(2) the spouse of the decedent;

(3) the adult child or the majority of the adult children of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the child or children who represent that they are the sole
surviving child, or that they constitute a majority of the surviving children;

(4) the surviving parent or parents of the decedent, each having equal authority;

(5) the adult sibling or the majority of the adult siblings of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving siblings;

(6) the adult grandchild or the majority of the adult grandchildren of the decedent,
provided that, in the absence of actual knowledge to the contrary, a funeral director or
mortician
may rely on instructions given by a grandchild or grandchildren who represent
that they are the only grandchild or grandchildren reasonably available to control final
disposition of the decedent's remains or represent a majority of grandchildren reasonably
available to control final disposition of the decedent's remains;

(7) the grandparent or the grandparents of the decedent, each having equal authority;

(8) the adult nieces and nephews of the decedent, or a majority of them, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by a niece, nephew, or nieces or nephews who represent
that they are the only niece, nephew, or nieces or nephews reasonably available to control
final disposition of the decedent's remains or represent a majority of nieces and nephews
reasonably available to control final disposition of the decedent's remains;

(9) the person or persons who were acting as the guardians of the person of the
decedent with authority to make health care decisions for the decedent at the time of death;

(10) an adult who exhibited special care and concern for the decedent;

(11) the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and

(12) the appropriate public or court authority, as required by law.

For purposes of this subdivision, the appropriate public or court authority includes
the county board of the county in which the death occurred if the person dies without
apparent financial means to provide for final disposition or the district court in the county
in which the death occurred.

Sec. 22.

Minnesota Statutes 2010, section 149A.80, subdivision 5, is amended to read:


Subd. 5.

Disputes.

When a dispute exists regarding the right to control or duty of
disposition, the parties in dispute or the mortician or funeral director may file a petition
in the district court in the county of residence of the decedent requesting that the court
make a determination in the matter. Should the right to control and duty of disposition
devolve to more than one person with the same degree of relationship to the decedent and
those persons cannot, by majority vote, make a decision regarding arrangements and final
disposition and a district court has been petitioned to make a determination, the court shall
consider the following factors in making its determination:

(1) the reasonableness, practicality, and resources available for payment of the
proposed arrangements and final disposition;

(2) the degree of the personal relationship between the decedent and each of the
persons in the same degree of relationship to the decedent;

(3) the expressed wishes and directions of the decedent and the extent to which the
decedent has provided resources for the purpose of carrying out the wishes or directions;
and

(4) the degree to which the arrangements and final disposition will allow for
participation by all who wish to pay respect to the decedent.

Sec. 23.

Minnesota Statutes 2010, section 149A.80, subdivision 6, is amended to read:


Subd. 6.

Control by funeral director or mortician.

A funeral director or mortician
shall have complete authority to control the final disposition and to proceed under this
chapter to recover reasonable charges for the disposition and final disposition when both
of the following apply:

(1) the funeral director or mortician has actual knowledge that none of the persons
described in subdivision 2, clauses (1) to (6), exist or that none of the persons so described
can be found after reasonable inquiry or contacted by reasonable means; and

(2) the appropriate public or court authority fails to assume responsibility for
disposition of the remains within 36 hours after having been given written notice of the
facts. Written notice may be delivered by hand, United States mail, facsimile transmission,
or telegraph.

Sec. 24.

Minnesota Statutes 2010, section 149A.80, subdivision 7, is amended to read:


Subd. 7.

Immunity.

A funeral director or mortician shall not be subject to criminal
prosecution or civil liability for carrying out the otherwise lawful instructions of the
decedent or the person or persons whom the funeral director or mortician reasonably
believes is entitled to control the final disposition.

Sec. 25.

Minnesota Statutes 2010, section 149A.90, is amended to read:


149A.90 DEATH; REGISTRATION AND REMOVAL FROM PLACE OF
DEATH.

Subdivision 1.

Death record.

(a) Except as provided in this section, a death record
must be completed and filed for every known death by the mortician, funeral director, or
other person lawfully in charge of the final disposition of the body
.

(b) If the body is that of an individual whose identity is unknown, the person in
charge of the final disposition of the body must notify the commissioner for purposes of
compliance with section 144.05, subdivision 4.

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 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.

Subd. 3.

Referrals to coroner or medical examiner.

Referrals to the coroner or
medical examiner are outlined in section 390.11.

Subd. 4.

Certificate of removal custody transfer.

No dead human body shall be
removed from the place of death by a mortician or funeral director 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.
A certificate of custody transfer shall be completed each time the custody
of a dead human body is transferred from one person to another from the time of death
until the time at which final disposition is complete.
The certificate of removal custody
transfer
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.

Subd. 5.

Retention of certificate of removal custody transfer.

A copy of the
certificate of removal custody transfer 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 A copy of the certificate of removal custody transfer shall be retained
by the individual making the removal custody transfer 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 custody transfer. Following this period, and subject to
any other laws requiring retention of records, the funeral establishment person involved in
the custody transfer
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 custody transfer of the body. At the end of this period and subject to any other
laws requiring retention of records, the funeral establishment person may destroy the
records by shredding, incineration, or any other manner that protects the privacy of the
individuals identified in the records.

Subd. 6.

Removal procedure.

Every individual removing a dead human body from
the place of death shall use universal precautions and otherwise exercise all reasonable
precautions to minimize the risk of transmitting any communicable disease from the
body. Before removal, the body shall be wrapped in a sheet or pouch that is impervious
to liquids, covered in such a manner that the body cannot be viewed, and placed on a
regulation ambulance cot or on an aircraft ambulance stretcher. A person with the right
to control the dead human body or that person's noncompensated designee may use any
appropriate cot, stretcher, or tray rigid enough to support a dead human body. Any dead
human body measuring 36 inches or less in length may be removed after having been
properly wrapped, covered, and encased, but does not need to be placed on an ambulance
cot, or aircraft ambulance stretcher, or rigid tray.

Subd. 7.

Conveyances permitted for removal.

A dead human body may be
transported from the place of death by any vehicle that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate a cot, or stretcher, or rigid tray in a
horizontal position;

(4) is so designed to permit loading and unloading of the body without excessive
tilting of the cot, or stretcher, or rigid tray; and

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top
of another body or container and that each body or container is secured to prevent the
body or container from excessive movement within the conveyance. A dead human
body measuring 36 inches or less in length may be transported from the place of death
by passenger automobile. For purposes of this subdivision, a passenger automobile
is a vehicle designed and used for carrying not more than ten persons, but excludes
motorcycles and motor scooters.

Subd. 8.

Proper holding facility required.

The funeral establishment to which a
dead human body is taken shall have an appropriate holding facility for storing the body
while awaiting final disposition. The holding facility must be secure from access by
anyone except the authorized personnel of the funeral establishment, preserve the dignity
of the remains, and protect the health and safety of the funeral establishment personnel.

Sec. 26.

Minnesota Statutes 2010, section 149A.91, subdivision 2, is amended to read:


Subd. 2.

Preparation procedures; access to preparation room.

The preparation
of a dead human body for final disposition shall be performed in privacy. No person shall
be permitted to be present in the preparation room while a dead human body is being
embalmed, washed, or otherwise prepared for final disposition, except:

(1) licensed morticians funeral directors;

(2) registered interns or students as described in subdivision 6;

(3) public officials or representatives in the discharge of their official duties; and

(4) licensed medical personnel.

Licensed funeral homes may work with family and friends of the deceased to allow
for their participation in washing and dressing of the body in a private location other than
the preparation room of the funeral home.

Sec. 27.

Minnesota Statutes 2010, section 149A.91, subdivision 3, is amended to read:


Subd. 3.

Embalming or refrigeration required.

(a) A dead human body must be
embalmed by a licensed mortician funeral director or registered intern or practicum student
or clinical student, or refrigerated, or packed in dry ice in the following circumstances:

(1) if the body will be transported by public transportation, pursuant to section
149A.93, subdivision 7;

(2) if final disposition will not be accomplished within 72 hours after death or
release of the body by a competent authority with jurisdiction over the body or the body
will be lawfully stored for final disposition in the future, except as provided in section
149A.94, subdivision 1;

(3) if the body will be publicly viewed subject to paragraph (b); or

(4) if so ordered by the commissioner of health for the control of infectious disease
and the protection of the public health.

(b) For purposes of this subdivision, "publicly viewed" means reviewal of a dead
human body by anyone other than those mentioned in section 149A.80, subdivision 2, and
their minor children. Dry ice may only be used when the dead human body is publicly
viewed within private property.

(c) A body may not be kept in refrigeration for a period that exceeds six calendar
days, or packed in dry ice for a period that exceeds four calendar days, from the time and
release of the body from the place of death or from the time of release from the coroner or
medical examiner.

Sec. 28.

Minnesota Statutes 2010, section 149A.91, subdivision 6, is amended to read:


Subd. 6.

Mortician Funeral director required.

Embalming of a dead human body
shall be performed only by an individual holding a license to practice mortuary science in
Minnesota, a registered intern pursuant to section 149A.20, subdivision 6, or a student
registered for a practicum or clinical through an accredited college or university or a
college of funeral service education accredited by the American Board of Funeral Service
Education. An individual who holds a funeral director only license issued pursuant to
section 149A.40, subdivision 2, is prohibited from engaging in the embalming of a dead
human body.

Sec. 29.

Minnesota Statutes 2010, section 149A.93, subdivision 1, is amended to read:


Subdivision 1.

Permits required.

After removal from the place of death to any
location where the body is held awaiting final disposition, further transportation of the
body shall require a certificate of removal custody transfer. The certificate of removal
custody transfer
shall contain the information required in the format as furnished by
the commissioner.

Sec. 30.

Minnesota Statutes 2010, section 149A.93, subdivision 2, is amended to read:


Subd. 2.

Certificate of removal custody transfer.

A certificate of removal custody
transfer
is required when:

(1) legal and physical custody of the body is transferred;

(2) a body is transported by public transportation; or

(3) a body is removed from the state.

Sec. 31.

Minnesota Statutes 2010, section 149A.93, subdivision 6, is amended to read:


Subd. 6.

Conveyances permitted for transportation.

A dead human body may be
transported by means of private vehicle or private aircraft, provided that the body must be
encased in an appropriate container, that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate a cot, stretcher, rigid tray, casket,
alternative container, or cremation container in a horizontal position;

(4) is designed to permit loading and unloading of the body without excessive tilting
of the cot, stretcher, rigid tray, casket, alternative container, or cremation container; and

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top of
another body or container and that each body or container is secured to prevent the body
or container from excessive movement within the conveyance.

A vehicle that is a dignified conveyance and was specified for use by the deceased
or by the family of the deceased may be used to transport the body to the place of final
disposition.

Sec. 32.

Minnesota Statutes 2010, section 149A.93, subdivision 7, is amended to read:


Subd. 7.

Transportation procedures.

When a dead human body is transported by
public transportation, it must be properly embalmed and enclosed in a casket or alternative
container and an appropriate outside shipping container. All applicable regulations and
policies of the carrier must be followed. When transportation is by any private vehicle
or aircraft, the outside shipping container may be omitted or the casket or alternative
container and the outside container may both be omitted and, in such case, the body shall
be wrapped in a sheet that is impervious to liquids, covered in such a manner that the body
cannot be viewed, encased in a secure pouch, and placed on a cot, or stretcher, or rigid tray.

Sec. 33.

Minnesota Statutes 2010, 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, entombed in
a public or private cemetery, or cremated, within a reasonable time after death. Where
final disposition of a body will not be accomplished 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, or 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. 34.

Minnesota Statutes 2010, section 149A.94, subdivision 3, is amended to read:


Subd. 3.

Permit required.

No dead human body shall be buried, entombed, 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 custody transfer.

Sec. 35.

Minnesota Statutes 2010, section 149A.95, subdivision 6, is amended to read:


Subd. 6.

Acceptance of delivery of body.

No dead human body shall be accepted
for final disposition by cremation unless encased in an appropriate cremation container or
wrapped in an impermeable sheet or pouch and placed on a tray rigid enough for handling
with ease, accompanied by a disposition permit issued pursuant to section 149A.93,
subdivision 3
, including a photocopy of the completed death record or a signed release
authorizing cremation of the body received from the coroner or medical examiner, and
accompanied by a cremation authorization that complies with subdivision 4. A crematory
shall refuse to accept delivery of a cremation container where there is:

(1) evidence of leakage of fluids from the cremation container;

(2) a known dispute concerning cremation of the body delivered;

(3) a reasonable basis for questioning any of the representations made on the written
authorization to cremate; or

(4) any other lawful reason.; or

(5) no proper accompanying certificate of custody transfer.

Sec. 36.

Minnesota Statutes 2010, section 149A.95, subdivision 7, is amended to read:


Subd. 7.

Handling of cremation containers for dead human bodies.

All
crematory employees handling cremation containers 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 in which it is delivered to the crematory without express
written authorization of the person or persons with legal right to control the disposition
and only by a licensed mortician funeral director. If, after accepting delivery of a body for
cremation, it is discovered that the body contains an implanted mechanical or radioactive
device, that device must be removed from the body by a licensed mortician funeral
director
or physician prior to cremation.

Sec. 37.

Minnesota Statutes 2010, section 149A.95, subdivision 20, is amended to read:


Subd. 20.

Required records.

Every crematory shall create and maintain on its
premises or other business location in Minnesota an accurate record of every cremation
provided. The record shall include all of the following information for each cremation:

(1) the name of the person or funeral establishment delivering the body for cremation;

(2) the name of the deceased and the identification number assigned to the body;

(3) the date of acceptance of delivery;

(4) the names of the cremation chamber and mechanical processor operator;

(5) the time and date that the body was placed in and removed from the cremation
chamber;

(6) the time and date that processing and inurnment of the cremated remains was
completed;

(7) the time, date, and manner of release of the cremated remains;

(8) the name and address of the person who signed the authorization to cremate;

(9) all supporting documentation, including any transit or disposition permits, a
photocopy of the death record, certificates of custody transfer or final disposition, and
the authorization to cremate; and

(10) the type of cremation container.

Sec. 38.

Minnesota Statutes 2010, section 149A.96, subdivision 1, is amended to read:


Subdivision 1.

Written authorization.

Except as provided in this section, no dead
human body or human remains shall be disinterred and reinterred without the written
authorization of the person or persons legally entitled to control the body or remains and
a disinterment-reinterment permit properly issued by the commissioner or a licensed
mortician funeral director. Permits shall contain the information required on the permit
form as furnished by the commissioner.

Sec. 39.

Minnesota Statutes 2010, section 149A.96, subdivision 4, is amended to read:


Subd. 4.

Disinterment opposed.

If the disinterment is opposed, no
disinterment-reinterment permit shall be issued until the state registrar or licensed
mortician funeral director receives a certified copy of a court order that specifically orders
the disinterment and reinterment.

Sec. 40.

Minnesota Statutes 2010, section 149A.96, subdivision 7, is amended to read:


Subd. 7.

Filing of documentation of disinterment and reinterment.

The
cemetery where the body or remains were originally interred shall retain a copy of the
disinterment-reinterment permit, the authorization to disinter, and, if applicable, the court
order showing reasonable cause to disinter. Until the body or remains are reinterred
the original permit and other documentation shall be in the possession of the person
in physical or legal custody of the body or remains, or attached to the transportation
container which holds the body or remains. At the time of reinterment, the permit and
other documentation shall be filed according to the laws, rules, or regulations of the state
or country where reinterment occurs. If the death occurred in Minnesota, the state registrar
or a licensed mortician funeral director shall inform the person requesting the disinterment
and reinterment of the right to request an amendment to the death record according to
Minnesota Rules, chapter 4601.

Sec. 41.

[306.285] PUBLIC CEMETERIES; CERTIFICATE OF FINAL
DISPOSITION.

Within five days of burial, the cemetery performing the final disposition shall
electronically file with the state registrar a certificate of final disposition which shall
include the following information:

(1) the name of the deceased and the identification number assigned to the burial plot;

(2) the date, time, and cemetery where the burial or entombment occurred; or

(3) the time, date, manner, and location of any scattering.

The state registrar shall make this information part of the decedent's final death
certificate.

Sec. 42. REPEALER.

Minnesota Statutes 2010, section 149A.02, subdivision 29, is repealed.

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569