1.1                          A bill for an act 
  1.2             relating to health; providing comprehensive regulation 
  1.3             of mortuary science; providing for the disposition of 
  1.4             dead bodies; establishing enforcement mechanisms; 
  1.5             providing civil penalties; amending Minnesota Statutes 
  1.6             1996, sections 13.99, subdivision 52a; 52.04, 
  1.7             subdivision 1; 116J.70, subdivision 2a; 145.423, 
  1.8             subdivision 3; 169.71, subdivision 4; and 524.1-201; 
  1.9             proposing coding for new law as Minnesota Statutes, 
  1.10            chapter 149A; repealing Minnesota Statutes 1996, 
  1.11            sections 145.14; 145.15; 145.16; 145.162; 145.163; 
  1.12            145.24; 149.01; 149.02; 149.03; 149.04; 149.05; 
  1.13            149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 
  1.14            149.13; 149.14; and 149.15; Minnesota Rules, parts 
  1.15            4610.0400; 4610.0410; 4610.0700; 4610.0800; 4610.0900; 
  1.16            4610.1000; 4610.1100; 4610.1200; 4610.1300; 4610.1500; 
  1.17            4610.1550; 4610.1600; 4610.1700; 4610.1800; 4610.1900; 
  1.18            4610.2000; 4610.2200; 4610.2300; 4610.2400; 4610.2500; 
  1.19            4610.2600; and 4610.2700. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1996, section 13.99, 
  1.22  subdivision 52a, is amended to read: 
  1.23     Subd. 52a.  [FUNERAL ESTABLISHMENT REPORTS MORTUARY SCIENCE 
  1.24  DATA.] Data on individuals in annual reports required of certain 
  1.25  funeral establishments are classified under section 149.13, 
  1.26  subdivision 7 chapter 149A. 
  1.27     Sec. 2.  Minnesota Statutes 1996, section 52.04, 
  1.28  subdivision 1, is amended to read: 
  1.29     Subdivision 1.  A credit union has the following powers: 
  1.30     (1) to offer its members and other credit unions various 
  1.31  classes of shares, share certificates, deposits, or deposit 
  1.32  certificates; 
  2.1      (2) to receive the savings of its members either as payment 
  2.2   on shares or as deposits, including the right to conduct 
  2.3   Christmas clubs, vacation clubs, and other thrift organizations 
  2.4   within its membership.  Trust funds received by a real estate 
  2.5   broker or the broker's salespersons in trust may be deposited in 
  2.6   a credit union; 
  2.7      (3) to make loans to members for provident or productive 
  2.8   purposes as provided in section 52.16; 
  2.9      (4) to make loans to a cooperative society or other 
  2.10  organization having membership in the credit union; 
  2.11     (5) to deposit in state and national banks and trust 
  2.12  companies authorized to receive deposits; 
  2.13     (6) to invest in any investment legal for savings banks or 
  2.14  for trust funds in the state and, notwithstanding clause (3), to 
  2.15  invest in and make loans of unsecured days funds (federal funds 
  2.16  or similar unsecured loans) to financial institutions insured by 
  2.17  an agency of the federal government and a member of the Federal 
  2.18  Reserve System or required to maintain reserves at the Federal 
  2.19  Reserve; 
  2.20     (7) to borrow money as hereinafter indicated; 
  2.21     (8) to adopt and use a common seal and alter the same at 
  2.22  pleasure; 
  2.23     (9) to make payments on shares of and deposit with any 
  2.24  other credit union chartered by this or any other state or 
  2.25  operating under the provisions of the federal Credit Union Act, 
  2.26  in amounts not exceeding in the aggregate 25 percent of its 
  2.27  unimpaired assets.  However, payments on shares of and deposit 
  2.28  with credit unions chartered by other states are restricted to 
  2.29  credit unions insured by the National Credit Union 
  2.30  Administration.  The restrictions imposed by this clause do not 
  2.31  apply to share accounts and deposit accounts of the Minnesota 
  2.32  corporate credit union in United States central credit union or 
  2.33  to share accounts and deposit accounts of credit unions in the 
  2.34  Minnesota corporate credit union; 
  2.35     (10) to contract with any licensed insurance company or 
  2.36  society to insure the lives of members to the extent of their 
  3.1   share accounts, in whole or in part, and to pay all or a portion 
  3.2   of the premium therefor; 
  3.3      (11) to indemnify each director, officer, or committee 
  3.4   member, or former director, officer, or committee member against 
  3.5   all expenses, including attorney's fees but excluding amounts 
  3.6   paid pursuant to a judgment or settlement agreement, reasonably 
  3.7   incurred in connection with or arising out of any action, suit, 
  3.8   or proceeding to which that person is a party by reason of being 
  3.9   or having been a director, officer, or committee member of the 
  3.10  credit union, except with respect to matters as to which that 
  3.11  person is finally adjudged in the action, suit, or proceeding to 
  3.12  be liable for negligence or misconduct in the performance of 
  3.13  duties.  The indemnification is not exclusive of any other 
  3.14  rights to which that person may be entitled under any bylaw, 
  3.15  agreement, vote of members, or otherwise; 
  3.16     (12) upon written authorization from a member, retained at 
  3.17  the credit union, to make payments to third parties by 
  3.18  withdrawals from the member's share or deposit accounts or 
  3.19  through proceeds of loans made to such member, or by permitting 
  3.20  the credit union to make those payments from the member's funds 
  3.21  prior to deposit; to permit draft withdrawals from member 
  3.22  accounts, but a credit union proposing to permit draft 
  3.23  withdrawals shall notify the commissioner of commerce, in the 
  3.24  form prescribed, of its intent not less than 90 days prior to 
  3.25  authorizing draft withdrawals.  The board of directors of a 
  3.26  credit union may restrict one class of shares to the extent that 
  3.27  it may not be redeemed, withdrawn, or transferred except upon 
  3.28  termination of membership in the credit union; 
  3.29     (13) to inform its members as to the availability of 
  3.30  various group purchasing plans which are related to the 
  3.31  promotion of thrift or the borrowing of money for provident and 
  3.32  productive purposes by means of informational materials placed 
  3.33  in the credit union's office, through its publications, or by 
  3.34  direct mailings to members by the credit union; 
  3.35     (14) to facilitate its members' voluntary purchase of types 
  3.36  of insurance incidental to promotion of thrift or the borrowing 
  4.1   of money for provident and productive purposes including, but 
  4.2   not limited to the following types of group or individual 
  4.3   insurance:  Fire, theft, automobile, life and temporary 
  4.4   disability; to be the policy holder of a group insurance plan or 
  4.5   a subgroup under a master policy plan and to disseminate 
  4.6   information to its members concerning the insurance provided 
  4.7   thereunder; to remit premiums to an insurer or the holder of a 
  4.8   master policy on behalf of a credit union member, if the credit 
  4.9   union obtains written authorization from the member for 
  4.10  remittance by share or deposit withdrawals or through proceeds 
  4.11  of loans made by the members, or by permitting the credit union 
  4.12  to make the payments from the member's funds prior to deposit; 
  4.13  and to accept from the insurer reimbursement for expenses 
  4.14  incurred or in the case of credit life, accident and health, and 
  4.15  involuntary unemployment insurance within the meaning of chapter 
  4.16  62B commissions for the handling of the insurance.  The amount 
  4.17  reimbursed or the commissions received may constitute the 
  4.18  general income of the credit union.  The directors, officers, 
  4.19  committee members and employees of a credit union shall not 
  4.20  profit on any insurance sale facilitated through the credit 
  4.21  unions; 
  4.22     (15) to contract with another credit union to furnish 
  4.23  services which either could otherwise perform.  Contracted 
  4.24  services under this clause are subject to regulation and 
  4.25  examination by the commissioner of commerce like other services; 
  4.26     (16) in furtherance of the twofold purpose of promoting 
  4.27  thrift among its members and creating a source of credit for 
  4.28  them at legitimate rates of interest for provident purposes, and 
  4.29  not in limitation of the specific powers hereinbefore conferred, 
  4.30  to have all the powers enumerated, authorized, and permitted by 
  4.31  this chapter, and such other rights, privileges and powers 
  4.32  incidental to, or necessary for, the accomplishment of the 
  4.33  objectives and purposes of the credit union; 
  4.34     (17) to rent safe deposit boxes to its members if the 
  4.35  credit union obtains adequate insurance or bonding coverage for 
  4.36  losses which might result from the rental of safe deposit boxes; 
  5.1      (18) notwithstanding the provisions of section 52.05, to 
  5.2   accept deposits of public funds in an amount secured by 
  5.3   insurance or other means pursuant to chapter 118 or section 
  5.4   9.031 or other applicable law and to receive deposits of trust 
  5.5   funds provided that either the provider or the beneficial owner 
  5.6   of the funds is a member of the credit union accepting the 
  5.7   deposit; 
  5.8      (19) to accept and maintain treasury tax and loan accounts 
  5.9   of the United States and to pledge collateral to secure the 
  5.10  treasury tax or loan accounts, in accordance with the 
  5.11  regulations of the Department of Treasury of the United States; 
  5.12     (20) to accept deposits pursuant to section 149.12 149A.97, 
  5.13  subdivision 5, notwithstanding the provisions of section 52.05, 
  5.14  if the deposits represent funding of prepaid funeral plans of 
  5.15  members; 
  5.16     (21) to sell, in whole or in part, real estate secured 
  5.17  loans provided that:  
  5.18     (a) the loan is secured by a first lien; 
  5.19     (b) the board of directors approves the sale; 
  5.20     (c) if the sale is partial, the agreement to sell a partial 
  5.21  interest shall, at a minimum:  
  5.22     (i) identify the loan or loans covered by the agreement; 
  5.23     (ii) provide for the collection, processing, remittance of 
  5.24  payments of principal and interest, taxes and insurance premiums 
  5.25  and other charges or escrows, if any; 
  5.26     (iii) define the responsibilities of each party in the 
  5.27  event the loan becomes subject to collection, loss or 
  5.28  foreclosure; 
  5.29     (iv) provide that in the event of loss, each owner shall 
  5.30  share in the loss in proportion to its interest in the loan or 
  5.31  loans; 
  5.32     (v) provide for the distribution of payments of principal 
  5.33  to each owner proportionate to its interest in the loan or 
  5.34  loans; 
  5.35     (vi) provide for loan status reports; 
  5.36     (vii) state the terms and conditions under which the 
  6.1   agreement may be terminated or modified; and 
  6.2      (d) the sale is without recourse or repurchase unless the 
  6.3   agreement:  
  6.4      (i) requires repurchase of a loan because of any breach of 
  6.5   warranty or misrepresentation; 
  6.6      (ii) allows the seller to repurchase at its discretion; or 
  6.7      (iii) allows substitution of one loan for another; 
  6.8      (22) in addition to the sale of loans secured by a first 
  6.9   lien on real estate, to sell, pledge, discount, or otherwise 
  6.10  dispose of, in whole or in part, to any source, a loan or group 
  6.11  of loans, other than a self-replenishing line of credit; 
  6.12  provided, that within a calendar year beginning January 1 the 
  6.13  total dollar value of loans sold, other than loans secured by 
  6.14  real estate or insured by a state or federal agency, shall not 
  6.15  exceed 25 percent of the dollar amount of all loans and 
  6.16  participating interests in loans held by the credit union at the 
  6.17  beginning of the calendar year, unless otherwise authorized in 
  6.18  writing by the commissioner; 
  6.19     (23) to designate the par value of the shares of the credit 
  6.20  union by board resolution; 
  6.21     (24) to exercise by resolution the powers set forth in 
  6.22  United States Code, title 12, section 1757, as amended through 
  6.23  December 31, 1992.  Before exercising each power, the board must 
  6.24  submit a plan to the commissioner of commerce detailing 
  6.25  implementation of the power to be used; 
  6.26     (25) to offer self-directed individual retirement accounts 
  6.27  and Keogh accounts and act as custodian and trustee of these 
  6.28  accounts if: 
  6.29     (1) all contributions of funds are initially made to a 
  6.30  deposit, share or share certificate account in the credit union; 
  6.31     (2) any subsequent transfer of funds to other assets is 
  6.32  solely at the direction of the member and the credit union 
  6.33  exercises no investment discretion and provides no investment 
  6.34  advice with respect to plan assets; and 
  6.35     (3) the member is clearly notified of the fact that 
  6.36  National Credit Union Share Insurance Fund coverage is limited 
  7.1   to funds held in deposit, share or share certificate accounts of 
  7.2   National Credit Union Share Insurance Fund-insured credit unions.
  7.3      Sec. 3.  Minnesota Statutes 1996, section 116J.70, 
  7.4   subdivision 2a, is amended to read: 
  7.5      Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
  7.6   "license" does not include the following:  
  7.7      (1) any occupational license or registration issued by a 
  7.8   licensing board listed in section 214.01 or any occupational 
  7.9   registration issued by the commissioner of health pursuant to 
  7.10  section 214.13; 
  7.11     (2) any license issued by a county, home rule charter city, 
  7.12  statutory city, township, or other political subdivision; 
  7.13     (3) any license required to practice the following 
  7.14  occupation regulated by the following sections:  
  7.15     (a) abstracters regulated pursuant to chapter 386; 
  7.16     (b) accountants regulated pursuant to chapter 326; 
  7.17     (c) adjusters regulated pursuant to chapter 72B; 
  7.18     (d) architects regulated pursuant to chapter 326; 
  7.19     (e) assessors regulated pursuant to chapter 270; 
  7.20     (f) athletic trainers regulated pursuant to chapter 148; 
  7.21     (g) attorneys regulated pursuant to chapter 481; 
  7.22     (h) auctioneers regulated pursuant to chapter 330; 
  7.23     (i) barbers regulated pursuant to chapter 154; 
  7.24     (j) beauticians regulated pursuant to chapter 155A; 
  7.25     (k) boiler operators regulated pursuant to chapter 183; 
  7.26     (l) chiropractors regulated pursuant to chapter 148; 
  7.27     (m) collection agencies regulated pursuant to chapter 332; 
  7.28     (n) cosmetologists regulated pursuant to chapter 155A; 
  7.29     (o) dentists, registered dental assistants, and dental 
  7.30  hygienists regulated pursuant to chapter 150A; 
  7.31     (p) detectives regulated pursuant to chapter 326; 
  7.32     (q) electricians regulated pursuant to chapter 326; 
  7.33     (r) embalmers mortuary science practitioners regulated 
  7.34  pursuant to chapter 149 149A; 
  7.35     (s) engineers regulated pursuant to chapter 326; 
  7.36     (t) insurance brokers and salespersons regulated pursuant 
  8.1   to chapter 60A; 
  8.2      (u) certified interior designers regulated pursuant to 
  8.3   chapter 326; 
  8.4      (v) midwives regulated pursuant to chapter 148; 
  8.5      (w) morticians regulated pursuant to chapter 149; 
  8.6      (x) (w) nursing home administrators regulated pursuant to 
  8.7   chapter 144A; 
  8.8      (y) (x) optometrists regulated pursuant to chapter 148; 
  8.9      (z) (y) osteopathic physicians regulated pursuant to 
  8.10  chapter 147; 
  8.11     (aa) (z) pharmacists regulated pursuant to chapter 151; 
  8.12     (bb) (aa) physical therapists regulated pursuant to chapter 
  8.13  148; 
  8.14     (cc) (bb) physician assistants regulated pursuant to 
  8.15  chapter 147A; 
  8.16     (dd) (cc) physicians and surgeons regulated pursuant to 
  8.17  chapter 147; 
  8.18     (ee) (dd) plumbers regulated pursuant to chapter 326; 
  8.19     (ff) (ee) podiatrists regulated pursuant to chapter 153; 
  8.20     (gg) (ff) practical nurses regulated pursuant to chapter 
  8.21  148; 
  8.22     (hh) (gg) professional fund raisers regulated pursuant to 
  8.23  chapter 309; 
  8.24     (ii) (hh) psychologists regulated pursuant to chapter 148; 
  8.25     (jj) (ii) real estate brokers, salespersons, and others 
  8.26  regulated pursuant to chapters 82 and 83; 
  8.27     (kk) (jj) registered nurses regulated pursuant to chapter 
  8.28  148; 
  8.29     (ll) (kk) securities brokers, dealers, agents, and 
  8.30  investment advisers regulated pursuant to chapter 80A; 
  8.31     (mm) (ll) steamfitters regulated pursuant to chapter 326; 
  8.32     (nn) (mm) teachers and supervisory and support personnel 
  8.33  regulated pursuant to chapter 125; 
  8.34     (oo) (nn) veterinarians regulated pursuant to chapter 156; 
  8.35     (pp) (oo) water conditioning contractors and installers 
  8.36  regulated pursuant to chapter 326; 
  9.1      (qq) (pp) water well contractors regulated pursuant to 
  9.2   chapter 103I; 
  9.3      (rr) (qq) water and waste treatment operators regulated 
  9.4   pursuant to chapter 115; 
  9.5      (ss) (rr) motor carriers regulated pursuant to chapter 221; 
  9.6      (tt) (ss) professional corporations regulated pursuant to 
  9.7   chapter 319A; 
  9.8      (uu) (tt) real estate appraisers regulated pursuant to 
  9.9   chapter 82B; 
  9.10     (vv) (uu) residential building contractors, residential 
  9.11  remodelers, residential roofers, manufactured home installers, 
  9.12  and specialty contractors regulated pursuant to chapter 326; 
  9.13     (4) any driver's license required pursuant to chapter 171; 
  9.14     (5) any aircraft license required pursuant to chapter 360; 
  9.15     (6) any watercraft license required pursuant to chapter 
  9.16  86B; 
  9.17     (7) any license, permit, registration, certification, or 
  9.18  other approval pertaining to a regulatory or management program 
  9.19  related to the protection, conservation, or use of or 
  9.20  interference with the resources of land, air, or water, which is 
  9.21  required to be obtained from a state agency or instrumentality; 
  9.22  and 
  9.23     (8) any pollution control rule or standard established by 
  9.24  the pollution control agency or any health rule or standard 
  9.25  established by the commissioner of health or any licensing rule 
  9.26  or standard established by the commissioner of human services.  
  9.27     Sec. 4.  Minnesota Statutes 1996, section 145.423, 
  9.28  subdivision 3, is amended to read: 
  9.29     Subd. 3.  [DEATH.] If a child described in subdivision 1 
  9.30  dies after birth, the body shall be disposed of in accordance 
  9.31  with the provisions of sections 145.14 to 145.163 section 
  9.32  145.1621. 
  9.33     Sec. 5.  [149A.01] [PURPOSE AND SCOPE.] 
  9.34     Subdivision 1.  [PURPOSE.] This chapter regulates the 
  9.35  removal, preparation, transportation, arrangements for 
  9.36  disposition, and final disposition of dead human bodies for 
 10.1   purposes of public health and protection of the public. 
 10.2      Subd. 2.  [SCOPE.] In Minnesota no person shall, without 
 10.3   being licensed by the commissioner of health: 
 10.4      (1) take charge of, remove from the place of death, or 
 10.5   transport a dead human body; 
 10.6      (2) prepare a dead human body for final disposition, in any 
 10.7   manner; or 
 10.8      (3) arrange, direct, or supervise a funeral, memorial 
 10.9   service, or graveside service. 
 10.10     Subd. 3.  [EXCEPTIONS TO LICENSURE.] (a) Except as 
 10.11  otherwise provided in this chapter, nothing in this chapter 
 10.12  shall in any way interfere with the duties of: 
 10.13     (1) an officer of any public institution; 
 10.14     (2) an officer of a medical college, county medical 
 10.15  society, anatomical association, or accredited college of 
 10.16  mortuary science; 
 10.17     (3) a donee of an anatomical gift; 
 10.18     (4) a person engaged in the performance of duties 
 10.19  prescribed by law relating to the conditions under which 
 10.20  unclaimed dead human bodies are held subject to anatomical 
 10.21  study; 
 10.22     (5) authorized personnel from a licensed ambulance service 
 10.23  in the performance of their duties; 
 10.24     (6) licensed medical personnel in the performance of their 
 10.25  duties; or 
 10.26     (7) the coroner or medical examiner in the performance of 
 10.27  the duties of their offices. 
 10.28     (b) This chapter does not apply to or interfere with the 
 10.29  customs or rites of any culture or recognized religion in the 
 10.30  final disposition of their dead, to the extent that the 
 10.31  provisions of this chapter are inconsistent with the customs or 
 10.32  rites. 
 10.33     (c) Noncompensated persons related by blood, adoption, or 
 10.34  marriage to a decedent who chose to remove a body of a decedent 
 10.35  from the place of death, transport the body, prepare the body 
 10.36  for disposition, except embalming, or arrange for final 
 11.1   disposition of the body are not required to be licensed, 
 11.2   provided that all actions are in compliance with this chapter. 
 11.3      (d) Noncompensated persons acting pursuant to the lawful 
 11.4   directive of a decedent who remove a body of the decedent from 
 11.5   the place of death, transport the body, prepare the body for 
 11.6   disposition, except embalming, or arrange for final disposition 
 11.7   of the body are not required to be licensed, provided that all 
 11.8   actions are otherwise in compliance with this chapter. 
 11.9      (e) Persons serving internships pursuant to section 
 11.10  149A.20, subdivision 6, or students officially registered for a 
 11.11  practicum through an accredited college or university or a 
 11.12  college of funeral service education accredited by the American 
 11.13  Board of Funeral Service Education are not required to be 
 11.14  licensed, provided that the persons or students act under the 
 11.15  direct and exclusive supervision of a person holding a current 
 11.16  license to practice mortuary science in Minnesota. 
 11.17     (f) Notwithstanding this subdivision, nothing in this 
 11.18  section shall be construed to prohibit an institution or entity 
 11.19  from establishing, implementing, or enforcing a policy that 
 11.20  permits only persons licensed by the commissioner to remove or 
 11.21  cause to be removed a dead body or body part from the 
 11.22  institution or entity. 
 11.23     Sec. 6.  [149A.02] [DEFINITIONS.] 
 11.24     Subdivision 1.  [SCOPE.] For purposes of this chapter, the 
 11.25  terms defined in this section have the meanings given them. 
 11.26     Subd. 2.  [ALTERNATIVE CONTAINER.] "Alternative container" 
 11.27  means a nonmetal receptacle or enclosure, without ornamentation 
 11.28  or a fixed interior lining, which is designed for the encasement 
 11.29  of dead human bodies and is made of fiberboard, pressed-wood, 
 11.30  composition materials, with or without an outside covering, or 
 11.31  other like materials. 
 11.32     Subd. 3.  [ARRANGEMENTS FOR DISPOSITION.] "Arrangements for 
 11.33  disposition" means any action normally taken by a funeral 
 11.34  provider in anticipation of or preparation for the entombment, 
 11.35  burial in a cemetery, or cremation of a dead human body. 
 11.36     Subd. 4.  [CASH ADVANCE ITEM.] "Cash advance item" means 
 12.1   any item of service or merchandise described to a purchaser as a 
 12.2   "cash advance," "accommodation," "cash disbursement," or similar 
 12.3   term.  A cash advance item is also any item obtained from a 
 12.4   third party and paid for by the funeral provider on the 
 12.5   purchaser's behalf.  Cash advance items include, but are not 
 12.6   limited to, cemetery or crematory services, pallbearers, public 
 12.7   transportation, clergy honoraria, flowers, musicians or singers, 
 12.8   obituary notices, gratuities, and death certificates. 
 12.9      Subd. 5.  [CASKET.] "Casket" means a rigid container which 
 12.10  is designed for the encasement of a dead human body and is 
 12.11  usually constructed of wood, metal, fiberglass, plastic, or like 
 12.12  material, and ornamented and lined with fabric. 
 12.13     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
 12.14  Minnesota commissioner of health. 
 12.15     Subd. 7.  [CREMATED REMAINS.] "Cremated remains" means the 
 12.16  postcremation remains of a dead human body. 
 12.17     Subd. 8.  [CREMATED REMAINS CONTAINER.] "Cremated remains 
 12.18  container" means a receptacle in which postcremation remains are 
 12.19  placed. 
 12.20     Subd. 9.  [CREMATION.] "Cremation" means the reduction of a 
 12.21  dead human body to essential elements through direct exposure to 
 12.22  intense heat and flame and the repositioning or movement of the 
 12.23  body during the process to facilitate reduction, the processing 
 12.24  of the remains after removal from the cremation chamber, 
 12.25  placement of the processed remains in a cremated remains 
 12.26  container, and release of the cremated remains to an appropriate 
 12.27  party. 
 12.28     Subd. 10.  [CREMATION CHAMBER.] "Cremation chamber" means 
 12.29  the enclosed space within which the cremation of a dead human 
 12.30  body is performed. 
 12.31     Subd. 11.  [CREMATION CONTAINER.] "Cremation container" 
 12.32  means a combustible, closed container resistant to the leakage 
 12.33  of bodily fluids into which a dead human body is placed prior to 
 12.34  insertion into a cremation chamber for cremation. 
 12.35     Subd. 12.  [CREMATORY.] "Crematory" means a building or 
 12.36  structure containing one or more cremation chambers or retorts 
 13.1   for the cremation of dead human bodies or any person that 
 13.2   performs cremations. 
 13.3      Subd. 13.  [DIRECT CREMATION.] "Direct cremation" means a 
 13.4   disposition of a dead human body by cremation, without formal 
 13.5   viewing, visitation, or ceremony with the body present. 
 13.6      Subd. 14.  [DISCIPLINARY ACTION.] "Disciplinary action" 
 13.7   means any action taken by the commissioner against any person 
 13.8   subject to regulation under this chapter for the violation of or 
 13.9   the threatened violation of any law, rule, order, stipulation 
 13.10  agreement, settlement, compliance agreement, license, or permit 
 13.11  adopted, issued, or enforced by the commissioner. 
 13.12     Subd. 15.  [EMBALMING.] "Embalming" means the process of 
 13.13  disinfecting and preserving a dead human body by chemically 
 13.14  treating the body to reduce the presence and growth of 
 13.15  organisms, to retard organic decomposition, and to restore an 
 13.16  acceptable physical appearance. 
 13.17     Subd. 16.  [FINAL DISPOSITION.] "Final disposition" means 
 13.18  the entombment, burial in a cemetery, or cremation of a dead 
 13.19  human body. 
 13.20     Subd. 17.  [FUNERAL ASSOCIATION.] "Funeral association" 
 13.21  means a cooperative association that sells or offers to sell 
 13.22  funeral goods or services to its members. 
 13.23     Subd. 18.  [FUNERAL CEREMONY.] "Funeral ceremony" means a 
 13.24  service or rite commemorating the deceased with the body present.
 13.25     Subd. 19.  [FUNERAL DIRECTOR.] "Funeral director" means any 
 13.26  person who, for compensation, arranges, directs, or supervises 
 13.27  funerals, memorial services, or graveside services, or engages 
 13.28  in the business or practice of preparing dead human bodies for 
 13.29  final disposition by means other than embalming. 
 13.30     Subd. 20.  [FUNERAL ESTABLISHMENT.] "Funeral establishment" 
 13.31  means any place or premise devoted to or used in the holding, 
 13.32  care, or preparation of a dead human body for final disposition 
 13.33  or any place used as the office or place of business of any 
 13.34  person that provides funeral goods or services to the public. 
 13.35     Subd. 21.  [FUNERAL GOODS.] "Funeral goods" means the goods 
 13.36  which are sold or offered for sale directly to the public for 
 14.1   use in connection with funeral services. 
 14.2      Subd. 22.  [FUNERAL PROVIDER.] "Funeral provider" means any 
 14.3   person that sells or offers to sell funeral goods or funeral 
 14.4   services to the public. 
 14.5      Subd. 23.  [FUNERAL SERVICES.] "Funeral services" means any 
 14.6   services which may be used to:  (1) care for and prepare dead 
 14.7   human bodies for burial, cremation, or other final disposition; 
 14.8   and (2) arrange, supervise, or conduct the funeral ceremony or 
 14.9   the final disposition of dead human bodies. 
 14.10     Subd. 24.  [GRAVESIDE SERVICE.] "Graveside service" means a 
 14.11  service or rite, conducted at the place of interment, 
 14.12  commemorating the deceased with the body present. 
 14.13     Subd. 25.  [IMMEDIATE BURIAL.] "Immediate burial" means a 
 14.14  disposition of a dead human body by burial, without formal 
 14.15  viewing, visitation, or ceremony with the body present, except 
 14.16  for a graveside service. 
 14.17     Subd. 26.  [INTERN.] "Intern" means an individual that has 
 14.18  met the educational and testing requirements for a license to 
 14.19  practice mortuary science in Minnesota, has registered with the 
 14.20  commissioner of health, and is engaged in the practice of 
 14.21  mortuary science under the direction and supervision of a 
 14.22  currently licensed Minnesota mortuary science practitioner. 
 14.23     Subd. 27.  [LICENSEE.] "Licensee" means any person that has 
 14.24  been issued a license to practice mortuary science, to operate a 
 14.25  funeral establishment, or to operate a crematory by the 
 14.26  Minnesota commissioner of health. 
 14.27     Subd. 28.  [MEMORIAL SERVICE.] "Memorial service" means a 
 14.28  ceremony or rite commemorating the deceased without the body 
 14.29  present. 
 14.30     Subd. 29.  [MORTICIAN.] "Mortician" means any person who, 
 14.31  for compensation, practices the art of embalming and arranges, 
 14.32  directs, or supervises funerals, memorial services, or graveside 
 14.33  services, or engages in the business or practice of preparing 
 14.34  dead human bodies for final disposition. 
 14.35     Subd. 30.  [MORTUARY SCIENCE.] "Mortuary science" means the 
 14.36  study and practice of preparing dead human bodies for final 
 15.1   disposition and providing funeral services.  Mortuary science 
 15.2   includes any conduct or action associated with the removal, 
 15.3   preparation, transportation, arrangements for disposition, or 
 15.4   final disposition of dead human bodies, including the actions 
 15.5   and duties of a mortician or a funeral director. 
 15.6      Subd. 31.  [OUTER BURIAL CONTAINER.] "Outer burial 
 15.7   container" means any container which is designed for placement 
 15.8   in the grave around a casket or alternative container including, 
 15.9   but not limited to, containers commonly known as burial vaults, 
 15.10  grave boxes, and grave liners. 
 15.11     Subd. 32.  [PERSON.] "Person" means an individual or a 
 15.12  firm, corporation, limited liability company, firm, partnership, 
 15.13  association, or other legal entity. 
 15.14     Subd. 33.  [PRACTICUM STUDENT.] "Practicum student" means a 
 15.15  person officially registered for a practicum through an 
 15.16  accredited college or university or a college of funeral service 
 15.17  education accredited by the American Board of Funeral Service 
 15.18  Education. 
 15.19     Subd. 34.  [PREPARATION OF THE BODY.] "Preparation of the 
 15.20  body" means embalming of the body or such items of care as 
 15.21  washing, disinfecting, shaving, positioning of features, 
 15.22  restorative procedures, care of hair, application of cosmetics, 
 15.23  dressing, and casketing. 
 15.24     Subd. 35.  [PROCESSING.] "Processing" means the removal of 
 15.25  foreign objects and the reduction of the cremated remains by 
 15.26  mechanical means including, but not limited to, grinding, 
 15.27  crushing, or pulverizing, to a granulated appearance appropriate 
 15.28  for final disposition. 
 15.29     Subd. 36.  [PROFESSIONAL SERVICES.] "Professional services" 
 15.30  means the basic services of the funeral director or mortician 
 15.31  and staff that are furnished by the funeral provider in 
 15.32  arranging final disposition.  The services include, but are not 
 15.33  limited to, conducting the arrangement conference; planning 
 15.34  visitations and the funeral, memorial service, or graveside 
 15.35  service; arranging for final disposition by securing, preparing, 
 15.36  and filing necessary permits and documents; and placing obituary 
 16.1   notices. 
 16.2      Subd. 37.  [PUBLIC TRANSPORTATION.] "Public transportation" 
 16.3   means all manner of transportation via common carrier available 
 16.4   to the general public including airlines, buses, railroads, and 
 16.5   ships.  For purposes of this chapter, a livery service providing 
 16.6   transportation to private funeral establishments or crematories 
 16.7   is not public transportation. 
 16.8      Subd. 38.  [TRANSPORTATION COSTS.] "Transportation costs" 
 16.9   means all costs associated with the use of the vehicle used for 
 16.10  the initial transfer of the deceased, the funeral coach, funeral 
 16.11  sedans, the flower car, any service or utility vehicles, and 
 16.12  public transportation. 
 16.13     Subd. 39.  [UNIVERSAL PRECAUTIONS.] "Universal precautions" 
 16.14  means the universal blood and body fluid precautions recommended 
 16.15  by the United States Public Health Service, Centers for Disease 
 16.16  Control, to prevent transmission of blood-borne and body 
 16.17  fluid-borne infectious diseases. 
 16.18     Subd. 40.  [USE OF FACILITIES.] "Use of facilities" means 
 16.19  the provision of a chapel or room for visitation, provision of a 
 16.20  chapel or room for the funeral or memorial service, provision of 
 16.21  facilities for parking, or provision of office space for 
 16.22  administrative or planning purposes. 
 16.23     Sec. 7.  [149A.03] [DUTIES OF COMMISSIONER.] 
 16.24     The commissioner shall: 
 16.25     (1) enforce all laws and adopt and enforce rules relating 
 16.26  to the: 
 16.27     (i) removal, preparation, transportation, arrangements for 
 16.28  disposition, and final disposition of dead human bodies; 
 16.29     (ii) licensure and professional conduct of funeral 
 16.30  directors, morticians, and interns; 
 16.31     (iii) licensing and operation of a funeral establishment; 
 16.32  and 
 16.33     (iv) licensing and operation of a crematory; 
 16.34     (2) provide copies of the requirements for licensure and 
 16.35  permits to all applicants; 
 16.36     (3) administer examinations and issue licenses and permits 
 17.1   to qualified persons and other legal entities; 
 17.2      (4) maintain a record of the name and location of all 
 17.3   current licensees and interns; 
 17.4      (5) perform periodic compliance reviews and premise 
 17.5   inspections of licensees; 
 17.6      (6) accept and investigate complaints relating to conduct 
 17.7   governed by this chapter; 
 17.8      (7) maintain a record of all current preneed arrangement 
 17.9   trust accounts; 
 17.10     (8) maintain a schedule of application, examination, 
 17.11  permit, and licensure fees, initial and renewal, sufficient to 
 17.12  cover all necessary operating expenses; 
 17.13     (9) educate the public about the existence and content of 
 17.14  the laws and rules for mortuary science licensing and the 
 17.15  removal, preparation, transportation, arrangements for 
 17.16  disposition, and final disposition of dead human bodies to 
 17.17  enable consumers to file complaints against licensees and others 
 17.18  who may have violated those laws or rules; 
 17.19     (10) evaluate the laws, rules, and procedures regulating 
 17.20  the practice of mortuary science in order to refine the 
 17.21  standards for licensing and to improve the regulatory and 
 17.22  enforcement methods used; and 
 17.23     (11) initiate proceedings to address and remedy 
 17.24  deficiencies and inconsistencies in the laws, rules, or 
 17.25  procedures governing the practice of mortuary science and the 
 17.26  removal, preparation, transportation, arrangements for 
 17.27  disposition, and final disposition of dead human bodies. 
 17.28     Sec. 8.  [149A.04] [ENFORCEMENT.] 
 17.29     Subdivision 1.  [GENERAL AUTHORITY.] The provisions of this 
 17.30  chapter and all laws, now in force or later enacted, rules, 
 17.31  orders, stipulation agreements, settlements, compliance 
 17.32  agreements, licenses, and permits adopted or issued for the 
 17.33  regulation of the removal, preparation, transportation, 
 17.34  arrangements for disposition, or final disposition of dead human 
 17.35  bodies or for the regulation of the practice of mortuary science 
 17.36  may be enforced under this section. 
 18.1      Subd. 2.  [INSPECTIONS.] The commissioner or a designee of 
 18.2   the commissioner shall conduct initial licensure inspections and 
 18.3   corrective order reinspections.  As a condition of continued 
 18.4   licensure, compliance reviews or premises inspections of 
 18.5   licensees shall be conducted by the commissioner or a designee 
 18.6   of the commissioner at least biennially.  A compliance review or 
 18.7   an inspection of the premises of any person subject to 
 18.8   regulation under this chapter may also be conducted when the 
 18.9   commissioner reasonably suspects that there may be a violation 
 18.10  or a threat of a violation of any law now in force or later 
 18.11  enacted, rule, order, stipulation agreement, settlement, 
 18.12  compliance agreement, license, or permit issued by the 
 18.13  commissioner.  When possible, all inspections and compliance 
 18.14  reviews shall be conducted without prior notice to the subject 
 18.15  of the inspection or review and shall be performed in the 
 18.16  presence of the subject of the inspection or review or an 
 18.17  authorized representative of the subject of the inspection or 
 18.18  review. 
 18.19     Subd. 3.  [ACCESS TO INFORMATION AND PROPERTY.] The 
 18.20  commissioner or a designee of the commissioner, upon 
 18.21  presentation of credentials, may: 
 18.22     (1) examine and copy any relevant books, papers, records, 
 18.23  memoranda, or data of any person subject to regulation under 
 18.24  this chapter; and 
 18.25     (2) enter upon any property, public or private, for the 
 18.26  purpose of taking any action authorized under this chapter or 
 18.27  rules, orders, stipulation agreements, settlements, compliance 
 18.28  agreements, licenses, or permits adopted or issued by the 
 18.29  commissioner, including obtaining information from a person that 
 18.30  has a duty to provide information under this chapter or 
 18.31  conducting inspections or investigations. 
 18.32     Subd. 4.  [SUBPOENA POWER.] The commissioner may, as part 
 18.33  of an investigation, issue subpoenas to require the attendance 
 18.34  and testimony of witnesses and production of books, records, 
 18.35  correspondence, and other information relevant to any matter 
 18.36  involved in the investigation.  The commissioner or the 
 19.1   commissioner's designee may administer oaths to witnesses or 
 19.2   take their affirmation.  The subpoenas may be served upon any 
 19.3   person named therein anywhere in the state by any person 
 19.4   authorized to serve subpoenas or other processes in civil 
 19.5   actions of the district courts.  If a person to whom a subpoena 
 19.6   is issued does not comply with the subpoena, the commissioner 
 19.7   may apply to the district court in any district and the court 
 19.8   may order compliance with the subpoena.  Failure to obey the 
 19.9   order of the court may be punished as contempt of court. 
 19.10     Subd. 5.  [INFORMATION ON INVESTIGATIONS AND DISCIPLINARY 
 19.11  ACTIONS.] Information relating to any disciplinary measures or 
 19.12  actions anticipated or taken by the commissioner is classified 
 19.13  as follows: 
 19.14     (1) information regarding persons other than individuals is 
 19.15  classified under section 13.39; and 
 19.16     (2) information regarding an individual is classified under 
 19.17  section 13.41.  
 19.18     Subd. 6.  [COOPERATION WITH OTHER AUTHORITIES.] The 
 19.19  commissioner shall encourage and promote cooperation between and 
 19.20  among other state and federal authorities where there is 
 19.21  concurrent or overlapping enforcement or licensing jurisdiction. 
 19.22     Sec. 9.  [149A.05] [CORRECTION ORDERS.] 
 19.23     Subdivision 1.  [AUTHORIZATION.] The commissioner may issue 
 19.24  correction orders that require a person subject to regulation 
 19.25  under this chapter to correct violations of this chapter or 
 19.26  rules, orders, stipulation agreements, settlements, compliance 
 19.27  agreements, licenses, and permits adopted or issued by the 
 19.28  commissioner. 
 19.29     Subd. 2.  [CONTENTS OF ORDER.] The correction order must 
 19.30  include: 
 19.31     (1) a concise statement of the deficiencies alleged to 
 19.32  constitute the violation; 
 19.33     (2) a reference to the section of law, rule, order, 
 19.34  stipulation agreement, settlement, compliance agreement, 
 19.35  license, or permit that has been violated; 
 19.36     (3) a statement of the time by and the manner in which the 
 20.1   violation must be corrected; and 
 20.2      (4) a statement of the right to request a hearing under 
 20.3   sections 14.57 to 14.62. 
 20.4      Subd. 3.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
 20.5   A request for hearing must be in writing, delivered to the 
 20.6   commissioner by certified mail within 20 calendar days after the 
 20.7   receipt of the correction order, and specifically state the 
 20.8   reasons for seeking review of the order.  The commissioner must 
 20.9   initiate a hearing within 30 calendar days from the date of 
 20.10  receipt of the written request for hearing.  The hearing shall 
 20.11  be conducted pursuant to the contested case procedures in 
 20.12  sections 14.57 to 14.62.  No earlier than ten calendar days 
 20.13  after and within 30 calendar days of receipt of the presiding 
 20.14  administrative law judge's report, the commissioner shall issue 
 20.15  a final order modifying, vacating, or making permanent the 
 20.16  correction order as the facts require.  If, within 20 calendar 
 20.17  days of receipt of the correction order, the person that is the 
 20.18  subject of the order fails to request a hearing in writing, the 
 20.19  correction order becomes the final order of the commissioner. 
 20.20     Subd. 4.  [REVIEW OF FINAL ORDER.] A judicial review of the 
 20.21  final order issued by the commissioner subsequent to a contested 
 20.22  case hearing may be requested in the manner prescribed in 
 20.23  sections 14.63 to 14.69.  Failure to request a contested case 
 20.24  hearing pursuant to subdivision 3 shall constitute a waiver of 
 20.25  the right to further agency or judicial review of the final 
 20.26  order. 
 20.27     Subd. 5.  [REINSPECTIONS AND EFFECT OF NONCOMPLIANCE.] If 
 20.28  upon reinspection, or in the determination of the commissioner, 
 20.29  it is found that any deficiency specified in a correction order 
 20.30  has not been corrected by the person that is subject to the 
 20.31  correction order, that person or entity is in noncompliance.  
 20.32  The commissioner shall issue a notice of noncompliance and may 
 20.33  impose any additional remedy available under this chapter. 
 20.34     Sec. 10.  [149A.06] [ADMINISTRATIVE PENALTY ORDERS.] 
 20.35     Subdivision 1.  [AUTHORIZATION.] The commissioner may issue 
 20.36  an order requiring violations to be corrected and 
 21.1   administratively assessing monetary penalties for violations of 
 21.2   this chapter or rules, orders, stipulation agreements, 
 21.3   settlements, compliance agreements, licenses, and permits, 
 21.4   adopted, enforced, or issued by the commissioner. 
 21.5      Subd. 2.  [CONTENTS OF ORDER.] An order assessing an 
 21.6   administrative penalty under this section must include: 
 21.7      (1) a concise statement of the facts alleged to constitute 
 21.8   a violation; 
 21.9      (2) a reference to the section of law, rule, order, 
 21.10  stipulation agreement, settlement, compliance agreement, 
 21.11  license, or permit that has been violated; 
 21.12     (3) a statement of the amount of the administrative penalty 
 21.13  to be imposed and the factors upon which the penalty is based; 
 21.14  and 
 21.15     (4) a statement of the right to request a hearing pursuant 
 21.16  to sections 14.57 to 14.62. 
 21.17     Subd. 3.  [CONCURRENT CORRECTIVE ORDER.] The commissioner 
 21.18  may issue an order assessing an administrative penalty and 
 21.19  requiring the violations cited in the order to be corrected 
 21.20  within 30 calendar days from the date the order is received.  
 21.21  The subject of the order shall provide to the commissioner 
 21.22  before the 31st day after the order was received, information 
 21.23  demonstrating that the violation has been corrected or that a 
 21.24  corrective plan, acceptable to the commissioner, has been 
 21.25  developed.  The commissioner shall determine whether the 
 21.26  violation has been corrected and notify the subject of the order 
 21.27  of the commissioner's determination. 
 21.28     Subd. 4.  [PENALTY.] If the commissioner determines that 
 21.29  the violation has been corrected or an acceptable corrective 
 21.30  plan has been developed, the penalty may be forgiven, except, 
 21.31  where there are repeated or serious violations, the commissioner 
 21.32  may issue an order with a penalty that will not be forgiven 
 21.33  after corrective action is taken.  Unless there is a request for 
 21.34  review of the order under subdivision 6 before the penalty is 
 21.35  due, the penalty is due and payable: 
 21.36     (1) on the 31st calendar day after the order was received, 
 22.1   if the subject of the order fails to provide information to the 
 22.2   commissioner showing that the violation has been corrected or 
 22.3   that appropriate steps have been taken toward correcting the 
 22.4   violation; 
 22.5      (2) on the 20th day after the subject of the order receives 
 22.6   the commissioner's determination that the information provided 
 22.7   is not sufficient to show that the violation has been corrected 
 22.8   or that appropriate steps have been taken toward correcting the 
 22.9   violation; or 
 22.10     (3) on the 31st day after the order was received where the 
 22.11  penalty is for repeated or serious violations and according to 
 22.12  the order issued, the penalty will not be forgiven after 
 22.13  corrective action is taken. 
 22.14     All penalties due under this section are payable to the 
 22.15  treasurer, state of Minnesota, and shall be credited to the 
 22.16  state government special revenue fund in the state treasury. 
 22.17     Subd. 5.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
 22.18  maximum amount of administrative penalty orders is $10,000 for 
 22.19  each specific violation identified in an inspection, 
 22.20  investigation, or compliance review.  
 22.21     (b) In determining the amount of the administrative 
 22.22  penalty, the commissioner shall consider the following: 
 22.23     (1) the willfulness of the violation; 
 22.24     (2) the gravity of the violation; 
 22.25     (3) the history of past violations; 
 22.26     (4) the number of violations; 
 22.27     (5) the economic benefit gained by the person allowing or 
 22.28  committing the violation; and 
 22.29     (6) other factors as justice may require, if the 
 22.30  commissioner specifically identifies the additional factors in 
 22.31  the commissioner's order. 
 22.32     (c) In determining the amount of a penalty for a violation 
 22.33  subsequent to an initial violation under paragraph (a), the 
 22.34  commissioner shall also consider: 
 22.35     (1) the similarity of the most recent previous violation 
 22.36  and the violation to be penalized; 
 23.1      (2) the time elapsed since the last violation; and 
 23.2      (3) the response of the subject of the order to the most 
 23.3   recent previous violation. 
 23.4      Subd. 6.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
 23.5   A request for hearing must be in writing, delivered to the 
 23.6   commissioner by certified mail within 20 calendar days after the 
 23.7   receipt of the order, and specifically state the reasons for 
 23.8   seeking review of the order.  The commissioner must initiate a 
 23.9   hearing within 30 calendar days from the date of receipt of the 
 23.10  written request for hearing.  The hearing shall be conducted 
 23.11  pursuant to the contested case procedures in sections 14.57 to 
 23.12  14.62.  No earlier than ten calendar days after and within 30 
 23.13  calendar days of receipt of the presiding administrative law 
 23.14  judge's report, the commissioner shall, based on all relevant 
 23.15  facts, issue a final order modifying, vacating, or making the 
 23.16  original order permanent.  If, within 20 calendar days of 
 23.17  receipt of the original order, the person that is the subject of 
 23.18  the order fails to request a hearing in writing, the order 
 23.19  becomes the final order of the commissioner. 
 23.20     Subd. 7.  [REVIEW OF FINAL ORDER AND PAYMENT OF PENALTY.] 
 23.21  Once the commissioner issues a final order, any penalty due 
 23.22  under that order shall be paid within 30 calendar days after the 
 23.23  date of the final order, unless review of the final order is 
 23.24  requested.  The final order of the commissioner may be appealed 
 23.25  in the manner prescribed in sections 14.63 to 14.69.  If the 
 23.26  final order is reviewed and upheld, the penalty shall be paid 30 
 23.27  calendar days after the date of the decision of the reviewing 
 23.28  court.  Failure to request an administrative hearing pursuant to 
 23.29  subdivision 6 shall constitute a waiver of the right to further 
 23.30  agency or judicial review of the final order. 
 23.31     Subd. 8.  [REINSPECTIONS AND EFFECT OF NONCOMPLIANCE.] If 
 23.32  upon reinspection, or in the determination of the commissioner, 
 23.33  it is found that any deficiency specified in the order has not 
 23.34  been corrected or an acceptable corrective plan has not been 
 23.35  developed, the person that is subject to the order is in 
 23.36  noncompliance.  The commissioner shall issue a notice of 
 24.1   noncompliance and may impose any additional remedy available 
 24.2   under this chapter. 
 24.3      Subd. 9.  [ENFORCEMENT.] The attorney general may proceed 
 24.4   on behalf of the commissioner to enforce penalties that are due 
 24.5   and payable under this section in any manner provided by law for 
 24.6   the collection of debts. 
 24.7      Subd. 10.  [REVOCATION; SUSPENSION; DENIAL OF LICENSE; 
 24.8   PERMIT; OR REGISTRATION.] Failure to pay penalties owed under 
 24.9   this section constitutes grounds for the revocation or 
 24.10  suspension of or refusal to reissue a license or permit issued 
 24.11  by the commissioner under this chapter. 
 24.12     Subd. 11.  [CUMULATIVE REMEDY.] The authority of the 
 24.13  commissioner to issue an administrative penalty order is in 
 24.14  addition to other lawfully available remedies. 
 24.15     Subd. 12.  [MEDIATION.] In addition to review under 
 24.16  subdivision 6, the commissioner is authorized to enter into 
 24.17  mediation concerning an order issued under this section if the 
 24.18  commissioner and the subject of that order agree to mediation. 
 24.19     Sec. 11.  [149A.07] [INJUNCTIVE RELIEF.] 
 24.20     In addition to any other remedy provided by law, the 
 24.21  commissioner may bring an action for injunctive relief in any 
 24.22  district court in any district in Minnesota to restrain any 
 24.23  person from violation or threatened violation of any law, rule, 
 24.24  order, stipulation agreement, settlement, compliance agreement, 
 24.25  license, or permit which the commissioner is empowered to 
 24.26  enforce, regulate, or issue. 
 24.27     Sec. 12.  [149A.08] [CEASE AND DESIST ORDER.] 
 24.28     Subdivision 1.  [AUTHORIZATION.] In addition to any other 
 24.29  remedy provided by law, the commissioner may issue a cease and 
 24.30  desist order to stop a person from violating or threatening to 
 24.31  violate any law, rule, order, stipulation agreement, settlement, 
 24.32  compliance agreement, license, or permit which the commissioner 
 24.33  is empowered to regulate, enforce, or issue. 
 24.34     Subd. 2.  [CONTENTS OF ORDER.] The cease and desist order 
 24.35  must be in writing, state the specific reason for its issuance, 
 24.36  and give notice of the right to request a hearing under sections 
 25.1   14.57 to 14.62. 
 25.2      Subd. 3.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
 25.3   A request for hearing must be in writing, delivered to the 
 25.4   commissioner by certified mail within 20 calendar days after the 
 25.5   receipt of the cease and desist order, and specifically state 
 25.6   the reasons for seeking review of the order.  The commissioner 
 25.7   must initiate a hearing within 30 calendar days from the date of 
 25.8   receipt of the written request for hearing.  The hearing shall 
 25.9   be conducted pursuant to sections 14.57 to 14.62.  No earlier 
 25.10  than ten calendar days but within 30 calendar days of receipt of 
 25.11  the presiding administrative law judge's report, the 
 25.12  commissioner shall issue a final order modifying, vacating, or 
 25.13  making permanent the cease and desist order as the facts 
 25.14  require.  If, within 20 calendar days of receipt of the cease 
 25.15  and desist order, the subject of the order fails to request a 
 25.16  hearing in writing, the cease and desist order becomes the final 
 25.17  order of the commissioner. 
 25.18     Subd. 4.  [REQUEST FOR STAY.] When a request for a stay 
 25.19  accompanies a timely hearing request, the commissioner may, in 
 25.20  the commissioner's discretion, grant the stay.  If the 
 25.21  commissioner does not grant a requested stay, the commissioner 
 25.22  shall refer the request to the office of administrative hearings 
 25.23  within three working days from the receipt of the request. 
 25.24  Within ten calendar days after receiving the request from the 
 25.25  commissioner, an administrative law judge shall issue a 
 25.26  recommendation to grant or deny the stay.  The commissioner 
 25.27  shall grant or deny the stay within five calendar days of 
 25.28  receiving the administrative law judge's recommendation. 
 25.29     Subd. 5.  [REVIEW OF FINAL ORDER.] A judicial review of the 
 25.30  final order issued by the commissioner may be requested in the 
 25.31  manner prescribed in sections 14.63 to 14.69.  Failure to 
 25.32  request a hearing pursuant to subdivision 3 shall constitute a 
 25.33  waiver of the right to further agency or judicial review of the 
 25.34  final order. 
 25.35     Subd. 6.  [EFFECT OF NONCOMPLIANCE WITH ORDER.] In the 
 25.36  event of noncompliance with the cease and desist order, the 
 26.1   commissioner may: 
 26.2      (1) institute a proceeding in any district court in any 
 26.3   district in Minnesota to obtain injunctive relief; 
 26.4      (2) impose an administrative penalty, pursuant to section 
 26.5   149A.06, for each separate violation; or 
 26.6      (3) revoke, suspend, limit, or condition the license or 
 26.7   permit issued to the subject of the cease and desist order. 
 26.8      Subd. 7.  [ADDITIONAL REMEDIES.] The issuance of a cease 
 26.9   and desist order or injunctive relief does not relieve a person 
 26.10  subject to regulation under this chapter from criminal 
 26.11  prosecution by a competent authority. 
 26.12     Sec. 13.  [149A.09] [DENIAL; REFUSAL TO REISSUE; 
 26.13  REVOCATION; SUSPENSION; LIMITATION OF LICENSE OR PERMIT.] 
 26.14     Subdivision 1.  [DENIAL; REFUSAL TO RENEW; REVOCATION; AND 
 26.15  SUSPENSION.] The commissioner may deny, refuse to renew, revoke, 
 26.16  or suspend any license or permit applied for or issued pursuant 
 26.17  to this chapter when the person subject to regulation under this 
 26.18  chapter: 
 26.19     (1) does not meet or fails to maintain the minimum 
 26.20  qualification for holding a license or permit under this 
 26.21  chapter; 
 26.22     (2) submits false or misleading material information to the 
 26.23  commissioner in connection with a license or permit issued by 
 26.24  the commissioner or the application for a license or permit; 
 26.25     (3) violates any law, rule, order, stipulation agreement, 
 26.26  settlement, compliance agreement, license, or permit that 
 26.27  regulates the removal, preparation, transportation, arrangements 
 26.28  for disposition, or final disposition of dead human bodies in 
 26.29  Minnesota or any other state in the United States; 
 26.30     (4) is convicted of a crime, including a finding or verdict 
 26.31  of guilt, an admission of guilt, or a no contest plea in any 
 26.32  court in Minnesota or any other jurisdiction in the United 
 26.33  States.  "Conviction," as used in this subdivision, includes a 
 26.34  conviction for an offense which, if committed in this state, 
 26.35  would be deemed a felony or gross misdemeanor without regard to 
 26.36  its designation elsewhere, or a criminal proceeding where a 
 27.1   finding or verdict of guilty is made or returned, but the 
 27.2   adjudication of guilt is either withheld or not entered; 
 27.3      (5) is convicted of a crime, including a finding or verdict 
 27.4   of guilt, an admission of guilt, or a no contest plea in any 
 27.5   court in Minnesota or any other jurisdiction in the United 
 27.6   States that the commissioner determines is reasonably related to 
 27.7   the removal, preparation, transportation, arrangements for 
 27.8   disposition or final disposition of dead human bodies, or the 
 27.9   practice of mortuary science; 
 27.10     (6) is adjudicated as mentally incompetent, mentally ill, 
 27.11  mentally retarded, or mentally ill and dangerous to the public; 
 27.12     (7) has a conservator or guardian appointed; 
 27.13     (8) fails to comply with an order issued by the 
 27.14  commissioner or fails to pay an administrative penalty imposed 
 27.15  by the commissioner; 
 27.16     (9) owes uncontested delinquent taxes in the amount of $500 
 27.17  or more to the Minnesota department of revenue, or any other 
 27.18  governmental agency authorized to collect taxes anywhere in the 
 27.19  United States; 
 27.20     (10) is in arrears on any court ordered family or child 
 27.21  support obligations; or 
 27.22     (11) engages in any conduct that, in the determination of 
 27.23  the commissioner, is unprofessional as prescribed in section 
 27.24  149A.70, subdivision 7, or renders the person unfit to practice 
 27.25  mortuary science or to operate a funeral establishment or 
 27.26  crematory. 
 27.27     Subd. 2.  [HEARINGS RELATED TO REFUSAL TO RENEW, 
 27.28  SUSPENSION, OR REVOCATION OF LICENSE OR PERMIT.] If the 
 27.29  commissioner proposes to deny renewal, suspend, or revoke a 
 27.30  license or permit issued under this chapter, the commissioner 
 27.31  must first notify, in writing, the person against whom the 
 27.32  action is proposed to be taken and provide an opportunity to 
 27.33  request a hearing under the contested case provisions of 
 27.34  sections 14.57 to 14.62.  If the subject of the proposed action 
 27.35  does not request a hearing by notifying the commissioner, by 
 27.36  mail, within 20 calendar days after the receipt of the notice of 
 28.1   proposed action, the commissioner may proceed with the action 
 28.2   without a hearing and the action will be the final order of the 
 28.3   commissioner. 
 28.4      Subd. 3.  [REVIEW OF FINAL ORDER.] A judicial review of the 
 28.5   final order issued by the commissioner may be requested in the 
 28.6   manner prescribed in sections 14.63 to 14.69.  Failure to 
 28.7   request a hearing pursuant to subdivision 2 shall constitute a 
 28.8   waiver of the right to further agency or judicial review of the 
 28.9   final order. 
 28.10     Subd. 4.  [LIMITATIONS OR QUALIFICATIONS PLACED ON LICENSE 
 28.11  OR PERMIT.] The commissioner may, where the facts support such 
 28.12  action, place reasonable limitations or qualifications on the 
 28.13  right to practice mortuary science or to operate a funeral 
 28.14  establishment or crematory. 
 28.15     Subd. 5.  [RESTORING LICENSE OR PERMIT.] The commissioner 
 28.16  may, where there is sufficient reason, restore a license or 
 28.17  permit that has been revoked, reduce a period of suspension, or 
 28.18  remove limitations or qualifications. 
 28.19     Sec. 14.  [149A.10] [ADDITIONAL REMEDIES.] 
 28.20     Subdivision 1.  [REIMBURSEMENT OF COSTS.] The commissioner 
 28.21  may impose a fee on any person subject to regulation under this 
 28.22  chapter to reimburse the department of health for all or part of 
 28.23  the cost of contested case proceedings or civil action resulting 
 28.24  in disciplinary action, including, but not limited to, the 
 28.25  amount paid by the commissioner for services from the office of 
 28.26  administrative hearings, attorney fees, court reports, 
 28.27  witnesses, reproduction of records, staff time, and other 
 28.28  expenses. 
 28.29     Subd. 2.  [CONTESTED CASE AND CIVIL ACTION; AWARD OF FEES 
 28.30  AND EXPENSES.] In a contested case proceeding or a civil action, 
 28.31  the prevailing party other than the state, upon a showing that 
 28.32  the position of the state was not substantially justified, shall 
 28.33  be awarded fees and other expenses pursuant to sections 14.62, 
 28.34  subdivision 3; and 15.471 to 15.474. 
 28.35     Subd. 3.  [OTHER ACTIONS.] The commissioner may take any 
 28.36  other lawful action justified by the facts of the case. 
 29.1      Sec. 15.  [149A.11] [PUBLICATION OF DISCIPLINARY ACTIONS.] 
 29.2      At least annually, the commissioner shall publish and make 
 29.3   available to the public a description of all disciplinary 
 29.4   measures or actions taken by the commissioner.  The publication 
 29.5   shall include, for each disciplinary measure or action taken, 
 29.6   the name and business address of the licensee or intern, the 
 29.7   nature of the misconduct, and the measure or action taken by the 
 29.8   commissioner. 
 29.9      Sec. 16.  [149A.20] [LICENSE TO PRACTICE MORTUARY SCIENCE.] 
 29.10     Subdivision 1.  [LICENSE REQUIRED.] Except as provided in 
 29.11  section 149A.01, subdivision 3, any person who takes charge of, 
 29.12  removes from the place of death, or transports a dead human 
 29.13  body, or prepares a dead human body for final disposition in any 
 29.14  manner, or arranges, directs, or supervises a funeral, memorial 
 29.15  service, or graveside service must possess a valid license to 
 29.16  practice mortuary science issued by the commissioner. 
 29.17     Subd. 2.  [EFFECTIVE DATE.] The requirements in 
 29.18  subdivisions 3 to 13 for initial licensure in mortuary science 
 29.19  are effective on July 1, 1997, except as provided in this 
 29.20  chapter. 
 29.21     Subd. 3.  [AGE REQUIREMENT.] The person must be at least 21 
 29.22  years of age. 
 29.23     Subd. 4.  [EDUCATIONAL REQUIREMENTS.] (a) Effective on 
 29.24  January 1, 1999, the person shall have: 
 29.25     (1) received a bachelor of science degree with a major in 
 29.26  mortuary science from an accredited college or university; 
 29.27     (2) received a bachelor of science or arts degree from an 
 29.28  accredited college or university and completed a separate course 
 29.29  of study in mortuary science from a college of funeral service 
 29.30  education accredited by the American Board of Funeral Service 
 29.31  Education; or 
 29.32     (3) completed credit hours at accredited colleges or 
 29.33  universities that in the numerical aggregate and distribution 
 29.34  are the functional equivalent of a bachelor of arts or science 
 29.35  degree and have completed a separate course of study in mortuary 
 29.36  science from a college of funeral service education accredited 
 30.1   by the American Board of Funeral Service Education. 
 30.2      (b) In the interim, from July 1, 1997, to December 31, 
 30.3   1998, the educational requirements for initial licensure shall 
 30.4   be: 
 30.5      (1) successful completion of at least 60 semester credit 
 30.6   hours or 90 quarter credit hours at an accredited college or 
 30.7   university with the following minimum credit distribution: 
 30.8      (i) communications, including speech and English; 12 
 30.9   quarter hours or nine semester hours; 
 30.10     (ii) social science, including an introductory course in 
 30.11  sociology and psychology; 20 quarter hours or 12 semester hours; 
 30.12     (iii) natural science, including general or inorganic 
 30.13  chemistry and biology; 20 quarter hours or 12 semester hours; 
 30.14     (iv) health education, including personal or community 
 30.15  health; three quarter hours or two semester hours; and 
 30.16     (v) elective areas; 35 quarter hours or 25 semester hours; 
 30.17  and 
 30.18     (2) successful completion of a separate course of study in 
 30.19  mortuary science from a college of funeral service education 
 30.20  accredited by the American Board of Funeral Service Education. 
 30.21     Subd. 5.  [EXAMINATIONS.] After having met the educational 
 30.22  requirements of subdivision 4, a person must attain a passing 
 30.23  score on the National Board Examination administered by the 
 30.24  Conference of Funeral Service Examining Boards of the United 
 30.25  States, Inc. or any other examination that, in the determination 
 30.26  of the commissioner, adequately and accurately assesses the 
 30.27  knowledge and skills required to practice mortuary science.  In 
 30.28  addition, a person must attain a passing score on the state 
 30.29  licensing examination administered by or on behalf of the 
 30.30  commissioner.  The state examination shall encompass the laws 
 30.31  and rules of Minnesota that pertain to the practice of mortuary 
 30.32  science.  The commissioner shall make available copies of all 
 30.33  pertinent laws and rules prior to administration of the state 
 30.34  licensing examination. 
 30.35     Subd. 6.  [INTERNSHIP.] (a) A person who attains a passing 
 30.36  score on both examinations in subdivision 5 must complete a 
 31.1   registered internship under the direct supervision of an 
 31.2   individual currently licensed to practice mortuary science in 
 31.3   Minnesota.  Interns must file with the commissioner: 
 31.4      (1) the appropriate fee; and 
 31.5      (2) a registration form indicating the name and home 
 31.6   address of the intern, the date the internship begins, and the 
 31.7   name, license number, and business address of the supervising 
 31.8   mortuary science licensee. 
 31.9      (b) Any changes in information provided in the registration 
 31.10  must be immediately reported to the commissioner.  The 
 31.11  internship shall be a minimum of one calendar year and a maximum 
 31.12  of three calendar years in duration; however, the commissioner 
 31.13  may waive up to three months of the internship time requirement 
 31.14  upon satisfactory completion of the practicum in mortuary 
 31.15  science administered through the program of mortuary science of 
 31.16  the University of Minnesota or a substantially similar program. 
 31.17  Registrations must be renewed on an annual basis if they exceed 
 31.18  one calendar year.  During the internship period, the intern 
 31.19  must be under the direct and exclusive supervision of a person 
 31.20  holding a current license to practice mortuary science in 
 31.21  Minnesota.  An intern may be registered under only one licensee 
 31.22  at any given time and may be directed and supervised only by the 
 31.23  registered licensee.  The registered licensee shall have only 
 31.24  one intern registered at any given time.  The commissioner shall 
 31.25  issue to each registered intern a registration permit that must 
 31.26  be displayed with the other establishment and practice 
 31.27  licenses.  While under the direct and exclusive supervision of 
 31.28  the licensee, the intern must actively participate in the 
 31.29  embalming of at least 25 dead human bodies and in the 
 31.30  arrangements for and direction of at least 25 funerals.  Case 
 31.31  reports, on forms provided by the commissioner, shall be 
 31.32  completed by the intern, signed by the supervising licensee, and 
 31.33  filed with the commissioner for at least 25 embalmings and 
 31.34  funerals in which the intern participates.  Information 
 31.35  contained in these reports that identifies the subject or the 
 31.36  family of the subject embalmed or the subject or the family of 
 32.1   the subject of the funeral shall be classified as licensing data 
 32.2   under section 13.41, subdivision 2. 
 32.3      Subd. 7.  [APPLICATION PROCEDURE AND DOCUMENTATION.] After 
 32.4   completing the registered internship, the applicant for an 
 32.5   initial license to practice mortuary science must submit to the 
 32.6   commissioner a complete application and the appropriate fee.  A 
 32.7   complete application includes: 
 32.8      (1) a completed application form, as provided by the 
 32.9   commissioner; 
 32.10     (2) proof of age; 
 32.11     (3) an official transcript from each post high school 
 32.12  educational institution attended, including colleges of funeral 
 32.13  service education; 
 32.14     (4) certification of a passing score on the National Board 
 32.15  Examination from the commissioner of the Conference of Funeral 
 32.16  Service Examining Boards of the United States, Inc.; 
 32.17     (5) a copy of the notification of a passing score on the 
 32.18  state licensing examination; and 
 32.19     (6) a signed, dated, and notarized affidavit from the 
 32.20  licensee who supervised the Minnesota internship stating the 
 32.21  date the internship began and ended and that both the applicant 
 32.22  and the supervising licensee fulfilled the requirements under 
 32.23  subdivision 6. 
 32.24     Upon receipt of the completed application and appropriate 
 32.25  fee, the commissioner shall review and verify all information. 
 32.26  Upon completion of the verification process and resolution of 
 32.27  any deficiencies in the application information, the 
 32.28  commissioner shall make a determination, based on all the 
 32.29  information available, to grant or deny licensure.  If the 
 32.30  commissioner's determination is to grant licensure, the 
 32.31  applicant shall be notified and the license shall issue and 
 32.32  remain valid for a period prescribed on the license, but not to 
 32.33  exceed one calendar year from the date of issuance of the 
 32.34  license.  If the commissioner's determination is to deny 
 32.35  licensure, the commissioner must notify the applicant, in 
 32.36  writing, of the denial and provide the specific reason for the 
 33.1   denial. 
 33.2      Subd. 8.  [FEES.] Fees shall be paid to the treasurer, 
 33.3   state of Minnesota, and shall be credited to the state 
 33.4   government special revenue fund in the state treasury. 
 33.5      Subd. 9.  [PERIOD OF LICENSURE.] All licenses to practice 
 33.6   mortuary science issued by the commissioner shall be valid for 
 33.7   one calendar year, beginning on January 1 and ending on December 
 33.8   31 regardless of the date of issuance.  Fees may not be prorated.
 33.9      Subd. 10.  [DISPLAY OF LICENSE.] Each license to practice 
 33.10  mortuary science must be conspicuously displayed at all times in 
 33.11  the holder's place of business.  Conspicuous display means in a 
 33.12  location where a member of the general public within the 
 33.13  holder's place of business will be able to observe and read the 
 33.14  license. 
 33.15     Subd. 11.  [NONTRANSFERABILITY OF LICENSE.] A license to 
 33.16  practice mortuary science is not assignable or transferable and 
 33.17  is not valid for any person other than the individual named. 
 33.18     Subd. 12.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 33.19  change of license information must be reported to the 
 33.20  commissioner, on forms provided by the commissioner, no later 
 33.21  than 30 calendar days after the change occurs.  Failure to 
 33.22  report changes is grounds for disciplinary action. 
 33.23     Subd. 13.  [APPLICATION INFORMATION.] All information 
 33.24  submitted to the commissioner by an applicant for licensure to 
 33.25  practice mortuary science is classified as licensing data under 
 33.26  section 13.41, with the exception of the name and address of the 
 33.27  applicant.  Upon issuance of a license to practice mortuary 
 33.28  science, all application information becomes licensing data 
 33.29  under section 13.41, subdivision 4, with the exception of 
 33.30  internship case report data as classified under subdivision 6. 
 33.31     Sec. 17.  [149A.30] [RECIPROCAL LICENSING.] 
 33.32     Subdivision 1.  [LICENSEES OF OTHER STATES.] The 
 33.33  commissioner may issue a license to practice mortuary science to 
 33.34  a person who holds a current license or other credential from 
 33.35  another jurisdiction if the commissioner determines that the 
 33.36  requirements for that license or other credential are 
 34.1   substantially similar to the requirements under this chapter. 
 34.2   The individual seeking reciprocal licensing must: 
 34.3      (1) attain a passing score on the Minnesota state licensing 
 34.4   examination; 
 34.5      (2) submit to the commissioner the documentation described 
 34.6   in section 149A.20, subdivision 7, clauses (1) and (5); and 
 34.7      (3) pay the appropriate licensing fee. 
 34.8      When, in the determination of the commissioner, all of the 
 34.9   requirements of this subdivision have been met, the commissioner 
 34.10  shall, based on all the information available, grant or deny 
 34.11  licensure.  If the commissioner grants licensure, the applicant 
 34.12  shall be notified and the license shall issue and remain valid 
 34.13  for a period prescribed on the license, but not to exceed one 
 34.14  calendar year from the date of issuance of the license.  If the 
 34.15  commissioner denies licensure, the commissioner must notify the 
 34.16  applicant, in writing, of the denial and provide the specific 
 34.17  reason for denial. 
 34.18     Subd. 2.  [FEES.] Fees shall be paid to the treasurer, 
 34.19  state of Minnesota, and shall be credited to the state 
 34.20  government special revenue fund in the state treasury. 
 34.21     Subd. 3.  [PERIOD OF LICENSURE.] All reciprocal licenses to 
 34.22  practice mortuary science issued by the commissioner shall be 
 34.23  valid for one calendar year, beginning on January 1 and ending 
 34.24  on December 31 regardless of the date of issuance.  Fees shall 
 34.25  not be prorated. 
 34.26     Subd. 4.  [DISPLAY OF LICENSE.] Each reciprocal license to 
 34.27  practice mortuary science must be conspicuously displayed at all 
 34.28  times in the holder's place of business.  Conspicuous display 
 34.29  means in a location where a member of the general public within 
 34.30  the holder's place of business will be able to observe and read 
 34.31  the license. 
 34.32     Subd. 5.  [NONTRANSFERABILITY OF LICENSE.] A reciprocal 
 34.33  license to practice mortuary science is not assignable or 
 34.34  transferable and shall not be valid for any person other than 
 34.35  the person named. 
 34.36     Subd. 6.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 35.1   change of license information must be reported to the 
 35.2   commissioner, on forms provided by the commissioner, no later 
 35.3   than 30 calendar days after the change occurs.  Failure to 
 35.4   report changes is grounds for disciplinary action. 
 35.5      Subd. 7.  [APPLICATION INFORMATION.] All information 
 35.6   submitted to the commissioner by an applicant for reciprocal 
 35.7   licensure is classified as licensing data under section 13.41, 
 35.8   subdivision 2, with the exception of the name and address of the 
 35.9   applicant.  Upon issuance of a license to practice mortuary 
 35.10  science, all application information becomes licensing data 
 35.11  under section 13.41, subdivision 4. 
 35.12     Sec. 18.  [149A.40] [RENEWAL OF LICENSE TO PRACTICE 
 35.13  MORTUARY SCIENCE.] 
 35.14     Subdivision 1.  [RENEWAL REQUEST.] All licenses to practice 
 35.15  mortuary science issued by the commissioner expire on December 
 35.16  31 of the calendar year in which the license is issued and must 
 35.17  be renewed to remain valid. 
 35.18     Subd. 2.  [LIMITED LICENSE; FUNERAL DIRECTOR ONLY.] Any 
 35.19  person who held a funeral director only license on July 31, 
 35.20  1957, may renew the license under this section.  Individuals 
 35.21  practicing under a funeral director only license issued under 
 35.22  this subdivision are prohibited from engaging in the practice of 
 35.23  embalming a dead human body. 
 35.24     Subd. 3.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
 35.25  who wish to renew their licenses must submit to the commissioner 
 35.26  a completed renewal application and the renewal fee no later 
 35.27  than December 31 of the year in which the license was issued.  A 
 35.28  completed renewal application includes: 
 35.29     (1) a completed renewal application form, as provided by 
 35.30  the commissioner; and 
 35.31     (2) the appropriate renewal licensing fee. 
 35.32     Upon receipt of the completed renewal application and 
 35.33  appropriate fee, the commissioner shall review and verify all 
 35.34  information.  Upon completion of the verification process and 
 35.35  resolution of any deficiencies in the renewal application 
 35.36  information, the commissioner shall make a determination, based 
 36.1   on all the information available, to reissue or refuse to 
 36.2   reissue the license.  If the commissioner's determination is to 
 36.3   reissue the license, the applicant shall be notified and the 
 36.4   license shall issue and remain valid for a period prescribed on 
 36.5   the license, but not to exceed one calendar year from the date 
 36.6   of issuance of the license.  If the commissioner's determination 
 36.7   is to refuse to reissue the license, section 149A.09, 
 36.8   subdivision 2, applies. 
 36.9      Subd. 4.  [PENALTY FOR LATE FILING.] Renewal applications 
 36.10  received after the expiration date of a license shall result in 
 36.11  the assessment of a late filing penalty.  The late filing 
 36.12  penalty must be paid before the reissuance of the license and 
 36.13  received by the commissioner no later than 31 calendar days 
 36.14  after the expiration date of the license. 
 36.15     Subd. 5.  [LAPSE OF LICENSE.] A license to practice 
 36.16  mortuary science shall automatically lapse when a completed 
 36.17  renewal application and renewal fee are not received by the 
 36.18  commissioner within 31 calendar days after the expiration date 
 36.19  of a license or a late filing penalty assessed under subdivision 
 36.20  4 is not received by the commissioner within 31 calendar days 
 36.21  after the expiration of a license. 
 36.22     Subd. 6.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
 36.23  license, the person to whom the license was issued is no longer 
 36.24  licensed to practice mortuary science in Minnesota.  The 
 36.25  commissioner shall issue a cease and desist order to prevent the 
 36.26  individual from engaging in the practice of mortuary science in 
 36.27  Minnesota and may pursue any additional lawful remedies as 
 36.28  justified by the case. 
 36.29     Subd. 7.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
 36.30  may restore a lapsed license upon receipt and review of a 
 36.31  completed renewal application, renewal fee, and late filing 
 36.32  penalty, provided that the receipt is made within one calendar 
 36.33  year from the expiration date of the lapsed license and the 
 36.34  person has not violated the cease and desist order issued by the 
 36.35  commissioner.  If a lapsed license is not restored within one 
 36.36  calendar year from the expiration date of the lapsed license, 
 37.1   the person to whom the lapsed license was issued cannot be 
 37.2   relicensed until the requirements in section 149A.20 are met. 
 37.3      Subd. 8.  [RENEWAL FEES.] The renewal fees shall be paid to 
 37.4   the treasurer, state of Minnesota, and shall be credited to the 
 37.5   state government special revenue fund in the state treasury. 
 37.6      Subd. 9.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 37.7   change of license information must be reported to the 
 37.8   commissioner, on forms provided by the commissioner, no later 
 37.9   than 30 calendar days after the change occurs.  Failure to 
 37.10  report changes is grounds for disciplinary action. 
 37.11     Subd. 10.  [APPLICATION INFORMATION.] All information 
 37.12  submitted to the commissioner by an applicant for renewal of 
 37.13  licensure to practice mortuary science is classified as 
 37.14  licensing data under section 13.41, subdivision 2, with the 
 37.15  exception of the name and address of the applicant.  Upon 
 37.16  reissuance of a license to practice mortuary science, all 
 37.17  application information becomes licensing data under section 
 37.18  13.41, subdivision 4. 
 37.19     Subd. 11.  [CONTINUING EDUCATION.] The commissioner may, 
 37.20  upon presentation of an appropriate program of continuing 
 37.21  education developed by the Minnesota Funeral Directors 
 37.22  Association, require continuing education hours for renewal of a 
 37.23  license to practice mortuary science. 
 37.24     Sec. 19.  [149A.50] [LICENSE TO OPERATE A FUNERAL 
 37.25  ESTABLISHMENT.] 
 37.26     Subdivision 1.  [LICENSE REQUIRED.] Except as provided in 
 37.27  section 149A.01, subdivision 3, no person shall maintain, 
 37.28  manage, or operate a place or premise devoted to or used in the 
 37.29  holding, care, or preparation of a dead human body for final 
 37.30  disposition, or any place used as the office or place of 
 37.31  business for the provision of funeral services, without 
 37.32  possessing a valid license to operate a funeral establishment 
 37.33  issued by the commissioner of health. 
 37.34     Subd. 2.  [REQUIREMENTS FOR FUNERAL ESTABLISHMENT.] A 
 37.35  funeral establishment licensed under this section must contain: 
 37.36     (1) a preparation and embalming room as described in 
 38.1   section 149A.92; and 
 38.2      (2) office space for making arrangements. 
 38.3      Subd. 3.  [APPLICATION; PROCEDURE; DOCUMENTATION; INITIAL 
 38.4   INSPECTION.] An applicant for a license to operate a funeral 
 38.5   establishment shall submit to the commissioner a completed 
 38.6   application and the appropriate fees.  A completed application 
 38.7   includes: 
 38.8      (1) a completed application form, as provided by the 
 38.9   commissioner; 
 38.10     (2) proof of business form and ownership; and 
 38.11     (3) proof of liability insurance coverage or other 
 38.12  financial documentation, as determined by the commissioner, that 
 38.13  demonstrates the applicant's ability to respond in damages for 
 38.14  liability arising from the ownership, maintenance, management, 
 38.15  or operation of a funeral establishment. 
 38.16     Upon receipt of the application and appropriate fee, the 
 38.17  commissioner shall review and verify all information.  Upon 
 38.18  completion of the verification process and resolution of any 
 38.19  deficiencies in the application information, the commissioner 
 38.20  shall conduct an initial inspection of the premise to be 
 38.21  licensed.  After the inspection and resolution of any 
 38.22  deficiencies found, and any reinspections as may be necessary, 
 38.23  the commissioner shall make a determination, based on all the 
 38.24  information available, to grant or deny licensure.  If the 
 38.25  commissioner's determination is to grant the license, the 
 38.26  applicant shall be notified and the license shall issue and 
 38.27  remain valid for a period prescribed on the license, but not to 
 38.28  exceed one calendar year from the date of issuance of the 
 38.29  license.  If the commissioner's determination is to deny the 
 38.30  license, the commissioner must notify the applicant, in writing, 
 38.31  of the denial and provide the specific reason for denial. 
 38.32     Subd. 4.  [NONTRANSFERABILITY OF LICENSE.] A license to 
 38.33  operate a funeral establishment is not assignable or 
 38.34  transferable and shall not be valid for any person other than 
 38.35  the one named.  Each license issued to operate a funeral 
 38.36  establishment is valid only for the location identified on the 
 39.1   license.  A change in ownership or location of the funeral 
 39.2   establishment automatically terminates the license.  Separate 
 39.3   licenses shall be required of two or more persons or other legal 
 39.4   entities operating from the same location. 
 39.5      Subd. 5.  [DISPLAY OF LICENSE.] Each license to operate a 
 39.6   funeral establishment must be conspicuously displayed in the 
 39.7   funeral establishment at all times.  Conspicuous display means 
 39.8   in a location where a member of the general public within the 
 39.9   funeral establishment will be able to observe and read the 
 39.10  license. 
 39.11     Subd. 6.  [INITIAL LICENSURE AND INSPECTION FEES.] The 
 39.12  licensure and inspection fees shall be paid to the treasurer, 
 39.13  state of Minnesota, to the credit of the state government 
 39.14  special revenue fund in the state treasury. 
 39.15     Subd. 7.  [PERIOD OF LICENSURE.] All licenses to operate a 
 39.16  funeral establishment issued by the commissioner are valid for a 
 39.17  period of one calendar year beginning on July 1 and ending on 
 39.18  June 30, regardless of the date of issuance.  Fees shall not be 
 39.19  prorated. 
 39.20     Subd. 8.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 39.21  change of license information must be reported to the 
 39.22  commissioner, on forms provided by the commissioner, no later 
 39.23  than 30 calendar days after the change occurs.  Failure to 
 39.24  report changes is grounds for disciplinary action. 
 39.25     Subd. 9.  [APPLICATION INFORMATION.] All information 
 39.26  submitted to the commissioner by an applicant for a license to 
 39.27  operate a funeral establishment is classified as licensing data 
 39.28  under section 13.41, subdivision 4. 
 39.29     Sec. 20.  [149A.51] [RENEWAL OF LICENSE TO OPERATE A 
 39.30  FUNERAL ESTABLISHMENT.] 
 39.31     Subdivision 1.  [RENEWAL REQUIRED.] A license to operate a 
 39.32  funeral establishment issued by the commissioner expires on June 
 39.33  30 following the date of issuance of the license and must be 
 39.34  renewed to remain valid. 
 39.35     Subd. 2.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
 39.36  who wish to renew their licenses must submit to the commissioner 
 40.1   a completed renewal application and the renewal fee no later 
 40.2   than June 30 following the date the license was issued.  A 
 40.3   completed renewal application includes: 
 40.4      (1) a completed renewal application form, as provided by 
 40.5   the commissioner; and 
 40.6      (2) proof of liability insurance coverage or other 
 40.7   financial documentation, as determined by the commissioner, that 
 40.8   demonstrates the applicant's ability to respond in damages for 
 40.9   liability arising from the ownership, maintenance, management, 
 40.10  or operation of a funeral establishment. 
 40.11     Upon receipt of the completed renewal application and 
 40.12  appropriate fee, the commissioner shall review and verify all 
 40.13  information.  Upon completion of the verification process and 
 40.14  resolution of any deficiencies in the renewal application 
 40.15  information, the commissioner shall make a determination, based 
 40.16  on all the information available, to reissue or refuse to 
 40.17  reissue the license.  If the commissioner's determination is to 
 40.18  reissue the license, the applicant shall be notified and the 
 40.19  license shall issue and remain valid for a period prescribed on 
 40.20  the license, but not to exceed one calendar year from the date 
 40.21  of issuance of the license.  If the commissioner's determination 
 40.22  is to refuse to reissue the license, section 149A.09, 
 40.23  subdivision 2, applies. 
 40.24     Subd. 3.  [PENALTY FOR LATE FILING.] Renewal applications 
 40.25  received after the expiration date of a license shall result in 
 40.26  the assessment of a late filing penalty.  The late filing 
 40.27  penalty must be paid prior to the reissuance of the license and 
 40.28  received by the commissioner no later than 31 calendar days 
 40.29  after the expiration date of the license. 
 40.30     Subd. 4.  [LAPSE OF LICENSE.] Licenses to operate funeral 
 40.31  establishments shall automatically lapse when a completed 
 40.32  renewal application and renewal fee are not received by the 
 40.33  commissioner within 31 calendar days after the expiration date 
 40.34  of a license or a late filing penalty assessed under subdivision 
 40.35  3 is not received by the commissioner within 31 calendar days 
 40.36  after the expiration of a license. 
 41.1      Subd. 5.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
 41.2   license, the person to whom the license was issued is no longer 
 41.3   licensed to operate a funeral establishment in Minnesota.  The 
 41.4   commissioner shall issue a cease and desist order to prevent the 
 41.5   holder of a lapsed license from operating a funeral 
 41.6   establishment in Minnesota and may pursue any additional lawful 
 41.7   remedies as justified by the case. 
 41.8      Subd. 6.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
 41.9   may restore a lapsed license upon receipt and review of a 
 41.10  completed renewal application, receipt of the renewal fee and 
 41.11  late filing penalty, reinspection of the premise, and receipt of 
 41.12  the reinspection fee, provided that the receipt is made within 
 41.13  one calendar year from the expiration date of the lapsed 
 41.14  license, and the cease and desist order issued by the 
 41.15  commissioner has not been violated.  If a lapsed license is not 
 41.16  restored within one calendar year from the expiration date of 
 41.17  the lapsed license, the holder of the lapsed license may not be 
 41.18  relicensed until the requirements in section 149A.50 are met. 
 41.19     Subd. 7.  [RENEWAL AND REINSPECTION FEES.] The renewal and 
 41.20  reinspection fees shall be paid to the treasurer, state of 
 41.21  Minnesota, and shall be credited to the state government special 
 41.22  revenue fund in the state treasury. 
 41.23     Subd. 8.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 41.24  change of license information must be reported to the 
 41.25  commissioner, on forms provided by the commissioner, no later 
 41.26  than 30 calendar days after the change occurs.  Failure to 
 41.27  report changes is grounds for disciplinary action. 
 41.28     Subd. 9.  [APPLICATION INFORMATION.] All information 
 41.29  submitted to the commissioner by an applicant for renewal of 
 41.30  licensure to operate a funeral establishment is classified as 
 41.31  licensing data under section 13.41, subdivision 4. 
 41.32     Sec. 21.  [149A.52] [LICENSE TO OPERATE A CREMATORY.] 
 41.33     Subdivision 1.  [LICENSE REQUIREMENT.] Except as provided 
 41.34  in section 149A.01, subdivision 3, no person shall maintain, 
 41.35  manage, or operate a place or premise devoted to or used in the 
 41.36  holding and cremation of a dead human body without possessing a 
 42.1   valid license to operate a crematory issued by the commissioner 
 42.2   of health. 
 42.3      Subd. 2.  [REQUIREMENTS FOR CREMATORY.] (a) A crematory 
 42.4   licensed under this section must consist of: 
 42.5      (1) a building or structure that complies with applicable 
 42.6   local and state building codes, zoning laws and ordinances, and 
 42.7   environmental standards, containing one or more cremation 
 42.8   chambers or retorts for the cremation of dead human bodies; 
 42.9      (2) a motorized mechanical device for grinding, crushing, 
 42.10  or pulverizing the cremated remains to a granulated appearance 
 42.11  appropriate for final disposition; and 
 42.12     (3) an appropriate holding facility for dead human bodies 
 42.13  awaiting cremation. 
 42.14     (b) A crematory licensed under this section may also 
 42.15  contain a display room for funeral goods. 
 42.16     Subd. 3.  [APPLICATION PROCEDURE; DOCUMENTATION; INITIAL 
 42.17  INSPECTION.] An applicant for a license to operate a crematory 
 42.18  shall submit to the commissioner a completed application.  A 
 42.19  completed application includes: 
 42.20     (1) a completed application form, as provided by the 
 42.21  commissioner; 
 42.22     (2) proof of business form and ownership; and 
 42.23     (3) proof of liability insurance coverage or other 
 42.24  financial documentation, as determined by the commissioner, that 
 42.25  demonstrates the applicant's ability to respond in damages for 
 42.26  liability arising from the ownership, maintenance, management, 
 42.27  or operation of a crematory. 
 42.28     Upon receipt of the application, the commissioner shall 
 42.29  review and verify all information.  Upon completion of the 
 42.30  verification process and resolution of any deficiencies in the 
 42.31  application information, the commissioner shall conduct an 
 42.32  initial inspection of the premise to be licensed.  After the 
 42.33  inspection and resolution of any deficiencies found and any 
 42.34  reinspections as may be necessary, the commissioner shall make a 
 42.35  determination, based on all the information available, to grant 
 42.36  or deny licensure.  If the commissioner's determination is to 
 43.1   grant the license, the applicant shall be notified and the 
 43.2   license shall issue and remain valid for a period prescribed on 
 43.3   the license, but not to exceed one calendar year from the date 
 43.4   of issuance of the license.  If the commissioner's determination 
 43.5   is to deny the license, the commissioner must notify the 
 43.6   applicant, in writing, of the denial and provide the specific 
 43.7   reason for denial. 
 43.8      Subd. 4.  [NONTRANSFERABILITY OF LICENSE.] A license to 
 43.9   operate a crematory is not assignable or transferable and shall 
 43.10  not be valid for any person other than the one named.  Each 
 43.11  license issued to operate a crematory is valid only for the 
 43.12  location identified on the license.  A change in ownership or 
 43.13  location of the crematory automatically terminates the license.  
 43.14  Separate licenses shall be required of two or more persons or 
 43.15  other legal entities operating from the same location. 
 43.16     Subd. 5.  [DISPLAY OF LICENSE.] Each license to operate a 
 43.17  crematory must be conspicuously displayed in the crematory at 
 43.18  all times.  Conspicuous display means in a location where a 
 43.19  member of the general public within the crematory will be able 
 43.20  to observe and read the license. 
 43.21     Subd. 6.  [PERIOD OF LICENSURE.] All licenses to operate a 
 43.22  crematory issued by the commissioner are valid for a period of 
 43.23  one calendar year beginning on July 1 and ending on June 30, 
 43.24  regardless of the date of issuance. 
 43.25     Subd. 7.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 43.26  change of license information must be reported to the 
 43.27  commissioner, on forms provided by the commissioner, no later 
 43.28  than 30 calendar days after the change occurs.  Failure to 
 43.29  report changes is grounds for disciplinary action. 
 43.30     Subd. 8.  [APPLICATION INFORMATION.] All information 
 43.31  submitted to the commissioner by an applicant for a license to 
 43.32  operate a crematory is classified as licensing data under 
 43.33  section 13.41, subdivision 4. 
 43.34     Sec. 22.  [149A.53] [RENEWAL OF LICENSE TO OPERATE 
 43.35  CREMATORY.] 
 43.36     Subdivision 1.  [RENEWAL REQUIRED.] All licenses to operate 
 44.1   a crematory issued by the commissioner expire on June 30 
 44.2   following the date of issuance of the license and must be 
 44.3   renewed to remain valid. 
 44.4      Subd. 2.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
 44.5   who wish to renew their licenses must submit to the commissioner 
 44.6   a completed renewal application no later than June 30 following 
 44.7   the date the license was issued.  A completed renewal 
 44.8   application includes: 
 44.9      (1) a completed renewal application form, as provided by 
 44.10  the commissioner; and 
 44.11     (2) proof of liability insurance coverage or other 
 44.12  financial documentation, as determined by the commissioner, that 
 44.13  demonstrates the applicant's ability to respond in damages for 
 44.14  liability arising from the ownership, maintenance, management, 
 44.15  or operation of a crematory. 
 44.16     Upon receipt of the completed renewal application, the 
 44.17  commissioner shall review and verify the information.  Upon 
 44.18  completion of the verification process and resolution of any 
 44.19  deficiencies in the renewal application information, the 
 44.20  commissioner shall make a determination, based on all the 
 44.21  information available, to reissue or refuse to reissue the 
 44.22  license.  If the commissioner's determination is to reissue the 
 44.23  license, the applicant shall be notified and the license shall 
 44.24  issue and remain valid for a period prescribed on the license, 
 44.25  but not to exceed one calendar year from the date of issuance of 
 44.26  the license.  If the commissioner's determination is to refuse 
 44.27  to reissue the license, section 149A.09, subdivision 2, applies. 
 44.28     Subd. 3.  [PENALTY FOR LATE FILING.] Renewal applications 
 44.29  received after the expiration date of a license will result in 
 44.30  the assessment of a late filing penalty.  The late filing 
 44.31  penalty must be paid before the reissuance of the license and 
 44.32  received by the commissioner no later than 31 calendar days 
 44.33  after the expiration date of the license. 
 44.34     Subd. 4.  [LAPSE OF LICENSE.] Licenses to operate 
 44.35  crematories shall automatically lapse when a completed renewal 
 44.36  application is not received by the commissioner within 31 
 45.1   calendar days after the expiration date of a license, or a late 
 45.2   filing penalty assessed under subdivision 3 is not received by 
 45.3   the commissioner within 31 calendar days after the expiration of 
 45.4   a license. 
 45.5      Subd. 5.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
 45.6   license, the person to whom the license was issued is no longer 
 45.7   licensed to operate a crematory in Minnesota.  The commissioner 
 45.8   shall issue a cease and desist order to prevent the lapsed 
 45.9   license holder from operating a crematory in Minnesota and may 
 45.10  pursue any additional lawful remedies as justified by the case. 
 45.11     Subd. 6.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
 45.12  may restore a lapsed license upon receipt and review of a 
 45.13  completed renewal application, receipt of the late filing 
 45.14  penalty, and reinspection of the premise, provided that the 
 45.15  receipt is made within one calendar year from the expiration 
 45.16  date of the lapsed license and the cease and desist order issued 
 45.17  by the commissioner has not been violated.  If a lapsed license 
 45.18  is not restored within one calendar year from the expiration 
 45.19  date of the lapsed license, the holder of the lapsed license 
 45.20  cannot be relicensed until the requirements in section 149A.52 
 45.21  are met. 
 45.22     Subd. 7.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 45.23  change of license information must be reported to the 
 45.24  commissioner, on forms provided by the commissioner, no later 
 45.25  than 30 calendar days after the change occurs.  Failure to 
 45.26  report changes is grounds for disciplinary action. 
 45.27     Subd. 8.  [APPLICATION INFORMATION.] All information 
 45.28  submitted to the commissioner by an applicant for renewal of 
 45.29  licensure to operate a crematory is classified as licensing data 
 45.30  under section 13.41, subdivision 4. 
 45.31     Sec. 23.  [149A.60] [PROHIBITED CONDUCT.] 
 45.32     The commissioner may impose disciplinary measures or take 
 45.33  disciplinary action against a person whose conduct is subject to 
 45.34  regulation under this chapter for failure to comply with any 
 45.35  provision of this chapter or laws, rules, orders, stipulation 
 45.36  agreements, settlements, compliance agreements, licenses, and 
 46.1   permits adopted, or issued for the regulation of the removal, 
 46.2   preparation, transportation, arrangements for disposition or 
 46.3   final disposition of dead human bodies, or for the regulation of 
 46.4   the practice of mortuary science. 
 46.5      Sec. 24.  [149A.61] [COMPLAINTS; REPORTING OBLIGATIONS; 
 46.6   FORM; RESPONSE.] 
 46.7      Subdivision 1.  [PERMISSION TO REPORT.] Any person, agency, 
 46.8   political subdivision, organization, or association that has 
 46.9   knowledge of any conduct constituting grounds for disciplinary 
 46.10  action relating to licensure, licensed activities or practices, 
 46.11  or unlicensed activities under this chapter may report the 
 46.12  conduct to the commissioner. 
 46.13     Subd. 2.  [INSTITUTIONS.] A federal or state agency, 
 46.14  political subdivision, agency of a local unit of government, or 
 46.15  private agency or organization located in this state or any 
 46.16  other state in the United States may report to the commissioner 
 46.17  any conduct that is regulated under this chapter and that might 
 46.18  constitute grounds for disciplinary action.  The agency, 
 46.19  political subdivision, or organization may report:  
 46.20     (1) any action taken to revoke, suspend, restrict, or 
 46.21  condition a license issued by the agency, political subdivision, 
 46.22  or organization; 
 46.23     (2) any denial of privileges granted by the agency, 
 46.24  political subdivision, or organization; 
 46.25     (3) the resignation of any licensee prior to the conclusion 
 46.26  of any disciplinary action or proceeding for conduct that might 
 46.27  constitute grounds for disciplinary action under this chapter; 
 46.28  or 
 46.29     (4) any other disciplinary action taken by the agency, 
 46.30  political subdivision, or organization for conduct that might 
 46.31  constitute grounds for disciplinary action under this chapter. 
 46.32     Subd. 3.  [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A 
 46.33  national, regional, state, or local professional society or 
 46.34  association for licensees may forward to the commissioner any 
 46.35  complaint received concerning conduct or activity that is 
 46.36  regulated under this chapter.  The society or association may 
 47.1   report to the commissioner any disciplinary action taken against 
 47.2   a member of that society or association. 
 47.3      Subd. 4.  [LICENSEES AND INTERNS.] A licensee or intern 
 47.4   regulated under this chapter may report to the commissioner any 
 47.5   conduct that the licensee or intern has personal knowledge of, 
 47.6   and reasonably believes constitutes grounds for, disciplinary 
 47.7   action under this chapter. 
 47.8      Subd. 5.  [COURTS.] The court administrator of district 
 47.9   court or any court of competent jurisdiction shall report to the 
 47.10  commissioner any judgment or other determination of the court 
 47.11  that adjudges or includes a finding that a licensee or intern is 
 47.12  mentally ill, mentally incompetent, guilty of a felony or gross 
 47.13  misdemeanor, guilty of violations of federal or state narcotics 
 47.14  laws or controlled substances acts; appoints a guardian or 
 47.15  conservator for the licensee or intern; or commits a licensee or 
 47.16  intern. 
 47.17     Subd. 6.  [COMPLAINT FORM.] Complaints or reports made 
 47.18  under this section may be submitted to the commissioner on forms 
 47.19  provided by the commissioner.  The commissioner, where 
 47.20  appropriate, shall provide each complainant with a written 
 47.21  acknowledgment of the receipt of the completed complaint form. 
 47.22     Subd. 7.  [INFORMATION TO COMPLAINANT.] The commissioner 
 47.23  shall furnish to a complainant a statement of the result of an 
 47.24  investigation of the complaint and a description of the 
 47.25  activities and actions of the commissioner relating to the 
 47.26  complaint to the extent that the statement is consistent with 
 47.27  section 149A.04, subdivision 5. 
 47.28     Subd. 8.  [CLASSIFICATION OF INFORMATION.] Information 
 47.29  submitted to the commissioner under this section is classified 
 47.30  pursuant to section 149A.04, subdivision 5. 
 47.31     Sec. 25.  [149A.62] [IMMUNITY; REPORTING.] 
 47.32     Any person, private agency, organization, society, 
 47.33  association, licensee, or intern who, in good faith, submits 
 47.34  information to the commissioner under section 149A.61 or 
 47.35  otherwise reports violations or alleged violations of this 
 47.36  chapter, is immune from civil liability or criminal 
 48.1   prosecution.  This section does not prohibit disciplinary action 
 48.2   taken by the commissioner against any licensee or intern 
 48.3   pursuant to a self report of a violation. 
 48.4      Sec. 26.  [149A.63] [PROFESSIONAL COOPERATION.] 
 48.5      A licensee, intern, or applicant for licensure under this 
 48.6   chapter that is the subject of an inspection or investigation by 
 48.7   the commissioner or the commissioner's designee shall cooperate 
 48.8   fully with the inspection or investigation.  Failure to 
 48.9   cooperate constitutes grounds for disciplinary action under this 
 48.10  chapter. 
 48.11     Sec. 27.  [149A.70] [BUSINESS PRACTICES.] 
 48.12     Subdivision 1.  [USE OF TITLES.] Only a person holding a 
 48.13  valid license to practice mortuary science issued by the 
 48.14  commissioner may use the title of mortician, funeral director, 
 48.15  or any other title implying that the licensee is engaged in the 
 48.16  business or practice of mortuary science.  Only the holder of a 
 48.17  valid license to operate a funeral establishment issued by the 
 48.18  commissioner may use the title of funeral home, funeral chapel, 
 48.19  or any other title, word, or term implying that the licensee is 
 48.20  engaged in the business or practice of mortuary science.  Only 
 48.21  the holder of a valid license to operate a crematory issued by 
 48.22  the commissioner may use the title of crematory, crematorium, or 
 48.23  any other title, word, or term implying that the licensee 
 48.24  operates a crematory or crematorium. 
 48.25     Subd. 2.  [BUSINESS LOCATION.] A funeral establishment or 
 48.26  crematory shall not do business in a location that is not 
 48.27  licensed as a funeral establishment or crematory and shall not 
 48.28  advertise a service that is available from an unlicensed 
 48.29  location. 
 48.30     Subd. 3.  [ADVERTISING.] No licensee or intern shall 
 48.31  publish or disseminate false, misleading, or deceptive 
 48.32  advertising.  False, misleading, or deceptive advertising 
 48.33  includes, but is not limited to: 
 48.34     (1) identifying, by using the names or pictures of, persons 
 48.35  who are not licensed to practice mortuary science in a way that 
 48.36  leads the public to believe that those persons will provide 
 49.1   mortuary science services; 
 49.2      (2) using any name other than the names under which the 
 49.3   funeral establishment or crematory is known to or licensed by 
 49.4   the commissioner; 
 49.5      (3) using a surname not directly, actively, or presently 
 49.6   associated with a licensed funeral establishment or crematory, 
 49.7   unless the surname had been previously and continuously used by 
 49.8   the licensed funeral establishment or crematory; and 
 49.9      (4) using a founding or establishing date or total years of 
 49.10  service not directly or continuously related to a name under 
 49.11  which the funeral establishment or crematory is currently or was 
 49.12  previously licensed. 
 49.13     Any advertising or other printed material that contains the 
 49.14  names or pictures of persons affiliated with a funeral 
 49.15  establishment or crematory shall state the position held by the 
 49.16  persons and shall identify each person who is licensed or 
 49.17  unlicensed under this chapter. 
 49.18     Subd. 4.  [SOLICITATION OF BUSINESS.] No licensee shall 
 49.19  directly or indirectly pay or cause to be paid any sum of money 
 49.20  or other valuable consideration for the securing of business or 
 49.21  for obtaining the authority to dispose of any dead human body. 
 49.22     For purposes of this subdivision, licensee includes a 
 49.23  registered intern or any agent, representative, employee, or 
 49.24  person acting on behalf of the licensee. 
 49.25     Subd. 5.  [OFFER; SOLICITATION OR ACCEPTANCE OF FEES; 
 49.26  COMMISSIONS; OR OTHER REIMBURSEMENT.] No licensee or intern 
 49.27  shall offer, solicit, or accept a commission, fee, bonus, 
 49.28  rebate, or other reimbursement in consideration for recommending 
 49.29  or causing a dead human body to be disposed of in specific 
 49.30  crematory, mausoleum, or cemetery. 
 49.31     Subd. 6.  [USE OF UNLICENSED PERSONNEL; INTERNS; AND 
 49.32  PRACTICUM STUDENTS.] Except as otherwise provided in this 
 49.33  chapter, a licensed funeral establishment may employ unlicensed 
 49.34  personnel to perform the duties of a funeral director or 
 49.35  mortician so long as the unlicensed personnel act under the 
 49.36  direct supervision of an individual holding a current license to 
 50.1   practice mortuary science in Minnesota and all applicable 
 50.2   provisions of this chapter are followed.  It is the duty of the 
 50.3   licensees, individual or establishment, to provide proper 
 50.4   training for all unlicensed personnel, and the licensees shall 
 50.5   be strictly accountable for compliance with this chapter.  This 
 50.6   subdivision does not apply to registered interns who are under 
 50.7   the direct and exclusive supervision of a registered licensee or 
 50.8   a student duly registered for a practicum through an accredited 
 50.9   college or university or a college of funeral service education 
 50.10  accredited by the American Board of Funeral Service Education. 
 50.11     Subd. 7.  [UNPROFESSIONAL CONDUCT.] No licensee or intern 
 50.12  shall engage in or permit others under the licensee's or 
 50.13  intern's supervision or employment to engage in unprofessional 
 50.14  conduct.  Unprofessional conduct includes, but is not limited to:
 50.15     (1) harassing, abusing, or intimidating a customer, 
 50.16  employee, or any other person encountered while within the scope 
 50.17  of practice, employment, or business; 
 50.18     (2) using profane, indecent, or obscene language within the 
 50.19  immediate hearing of the family or relatives of the deceased; 
 50.20     (3) failure to treat with dignity and respect the body of 
 50.21  the deceased, any member of the family or relatives of the 
 50.22  deceased, any employee, or any other person encountered while 
 50.23  within the scope of practice, employment, or business; 
 50.24     (4) the habitual overindulgence in the use of or dependence 
 50.25  on intoxicating liquors, prescription drugs, over-the-counter 
 50.26  drugs, illegal drugs, or any other mood altering substances that 
 50.27  substantially impair a person's work-related judgment or 
 50.28  performance; 
 50.29     (5) revealing personally identifiable facts, data, or 
 50.30  information about a decedent, customer, member of the decedent's 
 50.31  family, or employee acquired in the practice or business without 
 50.32  the prior consent of the individual, except as authorized by 
 50.33  law; 
 50.34     (6) intentionally misleading or deceiving any customer in 
 50.35  the sale of any goods or services provided by the licensee; 
 50.36     (7) knowingly making a false statement in the procuring, 
 51.1   preparation, or filing of any required permit; or 
 51.2      (8) knowingly making a false statement on a certificate of 
 51.3   death. 
 51.4      Sec. 28.  [149A.71] [FUNERAL INDUSTRY PRACTICES; PRICE 
 51.5   DISCLOSURES.] 
 51.6      Subdivision 1.  [UNFAIR OR DECEPTIVE ACTS OR PRACTICES.] In 
 51.7   selling or offering to sell funeral goods or funeral services to 
 51.8   the public, it is an unfair or deceptive act or practice for a 
 51.9   funeral provider to fail to furnish accurate price information 
 51.10  disclosing the cost to the purchaser for each of the specific 
 51.11  funeral goods and funeral services used in connection with the 
 51.12  disposition of dead human bodies to persons inquiring about the 
 51.13  purchase of funerals.  Any funeral provider who complies with 
 51.14  the preventive requirements in subdivision 2 is not engaged in 
 51.15  the unfair or deceptive acts or practices defined in this 
 51.16  section. 
 51.17     Subd. 2.  [PREVENTIVE REQUIREMENTS.] (a) To prevent unfair 
 51.18  or deceptive acts or practices, the requirements of this 
 51.19  subdivision must be met. 
 51.20     (b) Funeral providers must tell persons who ask by 
 51.21  telephone about the funeral provider's offerings or prices any 
 51.22  accurate information from the price lists described in 
 51.23  paragraphs (c) to (e) and any other readily available 
 51.24  information that reasonably answers the questions asked. 
 51.25     (c) Funeral providers must make available for viewing to 
 51.26  people who inquire in person about the offerings or prices of 
 51.27  funeral goods, separate printed or typewritten price lists.  
 51.28  Each funeral provider must have a separate price list for each 
 51.29  of the following types of goods that are sold or offered for 
 51.30  sale: 
 51.31     (1) caskets; 
 51.32     (2) alternative containers; 
 51.33     (3) outer burial containers; and 
 51.34     (4) cremation containers and cremated remains containers. 
 51.35     (d) Each separate price list must contain the name of the 
 51.36  funeral provider's place of business and a caption describing 
 52.1   the list as a price list for one of the types of funeral goods 
 52.2   described in paragraph (c), clauses (1) to (4).  The funeral 
 52.3   provider must offer the list upon beginning discussion of, but 
 52.4   in any event before showing, the specific funeral goods and must 
 52.5   provide a photocopy of the price list, for retention, if so 
 52.6   asked by the consumer.  The list must contain, at least, the 
 52.7   retail prices of all the specific funeral goods offered which do 
 52.8   not require special ordering, enough information to identify 
 52.9   each, and the effective date for the price list.  In lieu of a 
 52.10  written price list, other formats, such as notebooks, brochures, 
 52.11  or charts may be used if they contain the same information as 
 52.12  would the printed or typewritten list, and display it in a clear 
 52.13  and conspicuous manner.  However, funeral providers are not 
 52.14  required to make a specific price list available if the funeral 
 52.15  providers place the information required by this paragraph on 
 52.16  the general price list described in paragraph (e). 
 52.17     (e) Funeral providers must give a printed or typewritten 
 52.18  price list, for retention, to persons who inquire in person 
 52.19  about the funeral goods or funeral services or prices offered by 
 52.20  the funeral provider.  The funeral provider must give the list 
 52.21  upon beginning discussion of either the prices of or the overall 
 52.22  type of funeral service or disposition or specific funeral goods 
 52.23  or funeral services offered by the provider.  This requirement 
 52.24  applies whether the discussion takes place in the funeral 
 52.25  establishment or elsewhere.  However, when the deceased is 
 52.26  removed for transportation to the funeral establishment, an 
 52.27  in-person request for authorization to embalm does not, by 
 52.28  itself, trigger the requirement to offer the general price 
 52.29  list.  If the provider, in making an in-person request for 
 52.30  authorization to embalm, discloses that embalming is not 
 52.31  required by law except in certain special cases, the provider is 
 52.32  not required to offer the general price list.  Any other 
 52.33  discussion during that time about prices or the selection of 
 52.34  funeral goods or funeral services triggers the requirement to 
 52.35  give the consumer a general price list.  The general price list 
 52.36  must contain the following information: 
 53.1      (1) the name, address, and telephone number of the funeral 
 53.2   provider's place of business; 
 53.3      (2) a caption describing the list as a "general price 
 53.4   list"; 
 53.5      (3) the effective date for the price list; 
 53.6      (4) the retail prices, in any order, expressed either as a 
 53.7   flat fee or as the prices per hour, mile, or other unit of 
 53.8   computation, and other information described as follows: 
 53.9      (i) forwarding of remains to another funeral establishment, 
 53.10  together with a list of the services provided for any quoted 
 53.11  price; 
 53.12     (ii) receiving remains from another funeral establishment, 
 53.13  together with a list of the services provided for any quoted 
 53.14  price; 
 53.15     (iii) separate prices for each cremation offered by the 
 53.16  funeral provider, with the price including an alternative or 
 53.17  cremation container, any crematory charges, and a description of 
 53.18  the services and container included in the price, where 
 53.19  applicable, and the price of cremation where the purchaser 
 53.20  provides the container; 
 53.21     (iv) separate prices for each immediate burial offered by 
 53.22  the funeral provider, including a casket or alternative 
 53.23  container, and a description of the services and container 
 53.24  included in that price, and the price of immediate burial where 
 53.25  the purchaser provides the casket or alternative container; 
 53.26     (v) transfer of remains to the funeral establishment; 
 53.27     (vi) embalming; 
 53.28     (vii) other preparation of the body; 
 53.29     (viii) use of facilities, equipment, or staff for viewing; 
 53.30     (ix) use of facilities, equipment, or staff for funeral 
 53.31  ceremony; 
 53.32     (x) use of facilities, equipment, or staff for memorial 
 53.33  service; 
 53.34     (xi) use of equipment or staff for graveside service; 
 53.35     (xii) hearse or funeral coach; and 
 53.36     (xiii) limousine; 
 54.1      (5) the price range for the caskets offered by the funeral 
 54.2   provider, together with the statement "A complete price list 
 54.3   will be provided at the funeral establishment." or the prices of 
 54.4   individual caskets, as disclosed in the manner described in 
 54.5   paragraphs (c) and (d); 
 54.6      (6) the price range for the alternative containers offered 
 54.7   by the funeral provider, together with the statement "A complete 
 54.8   price list will be provided at the funeral establishment." or 
 54.9   the prices of individual alternative containers, as disclosed in 
 54.10  the manner described in paragraphs (c) and (d); 
 54.11     (7) the price range for the outer burial containers offered 
 54.12  by the funeral provider, together with the statement "A complete 
 54.13  price list will be provided at the funeral establishment." or 
 54.14  the prices of individual outer burial containers, as disclosed 
 54.15  in the manner described in paragraphs (c) and (d); 
 54.16     (8) the price range for the cremation containers and 
 54.17  cremated remains containers offered by the funeral provider, 
 54.18  together with the statement "A complete price list will be 
 54.19  provided at the funeral establishment." or the prices of 
 54.20  individual cremation containers and cremated remains containers, 
 54.21  as disclosed in the manner described in paragraphs (c) and (d); 
 54.22     (9) the price for the basic services of funeral director 
 54.23  and staff, together with a list of the principal basic services 
 54.24  provided for any quoted price and, if the charge cannot be 
 54.25  declined by the purchaser, the statement "This fee for our basic 
 54.26  services will be added to the total cost of the funeral 
 54.27  arrangements you select.  (This fee is already included in our 
 54.28  charges for direct cremations, immediate burials, and forwarding 
 54.29  or receiving remains.)"  If the charge cannot be declined by the 
 54.30  purchaser, the quoted price shall include all charges for the 
 54.31  recovery of unallocated funeral provider overhead, and funeral 
 54.32  providers may include in the required disclosure the phrase "and 
 54.33  overhead" after the word "services."  This services fee is the 
 54.34  only funeral provider fee for services, facilities, or 
 54.35  unallocated overhead permitted by this subdivision to be 
 54.36  nondeclinable, unless otherwise required by law; 
 55.1      (10) if the price for basic services, as described in 
 55.2   clause (9), is not applicable, the statement "Please note that a 
 55.3   fee for the use of our basic services is included in the price 
 55.4   of our caskets.  Our services include (specify services 
 55.5   provided)."  The fee shall include all charges for the recovery 
 55.6   of unallocated funeral provider overhead, and funeral providers 
 55.7   may include in the required disclosure the phrase "and overhead" 
 55.8   after the word "services."  The statement must be placed on the 
 55.9   general price list, together with the casket price range or the 
 55.10  prices of individual caskets.  This services fee is the only 
 55.11  funeral provider fee for services, facilities, or unallocated 
 55.12  overhead permitted by this subdivision to be nondeclinable, 
 55.13  unless otherwise required by law. 
 55.14     (f) Funeral providers must give an itemized written 
 55.15  statement, for retention, to each consumer who arranges a 
 55.16  funeral or other disposition of human remains at the conclusion 
 55.17  of the discussion of the arrangements.  The itemized written 
 55.18  statement must be signed by the consumer selecting the goods and 
 55.19  services and the licensed funeral director or mortician planning 
 55.20  the arrangements.  The statement must list the funeral goods and 
 55.21  funeral services selected by that consumer and the prices to be 
 55.22  paid for each item, specifically itemized cash advance items 
 55.23  (these prices must be given to the extent then known or 
 55.24  reasonably ascertainable if the prices are not known or 
 55.25  reasonably ascertainable, a good faith estimate shall be given 
 55.26  and a written statement of the actual charges shall be provided 
 55.27  before the final bill is paid), and the total cost of goods and 
 55.28  services selected.  The information required by this paragraph 
 55.29  may be included on any contract, statement, or other document 
 55.30  which the funeral provider would otherwise provide at the 
 55.31  conclusion of discussion of arrangements. 
 55.32     (g) Funeral providers must give any other price 
 55.33  information, in any other format, in addition to that required 
 55.34  by paragraphs (c) to (e) so long as the written statement 
 55.35  required by paragraph (f) is given when required. 
 55.36     Subd. 3.  [PRICES DISPLAYED.] Any funeral provider who 
 56.1   sells or offers to sell funeral goods to the public shall, at 
 56.2   all times, display the retail price of all displayed funeral 
 56.3   goods in a conspicuous place on the goods.  "Conspicuous place" 
 56.4   means a place where any consumer viewing the funeral goods would 
 56.5   be able to see and read the price and reasonably understand that 
 56.6   the price seen is the price of the funeral goods viewed. 
 56.7   Displayed funeral goods are those goods that the funeral 
 56.8   provider regularly maintains in inventory and makes available 
 56.9   for viewing and purchase by the consumer. 
 56.10     Subd. 4.  [CASKET, ALTERNATE CONTAINER, AND CREMATION 
 56.11  CONTAINER SALES; RECORDS; REQUIRED DISCLOSURES.] Any funeral 
 56.12  provider who sells or offers to sell a casket, alternate 
 56.13  container, or cremation container to the public must maintain a 
 56.14  record of each sale that includes the name of the purchaser, the 
 56.15  purchaser's mailing address, the name of the decedent, the date 
 56.16  of the decedent's death, and the place of death.  These records 
 56.17  shall be open to inspection by the commissioner and reported to 
 56.18  the commissioner.  Any funeral provider selling a casket, 
 56.19  alternate container, or cremation container to the public, and 
 56.20  not having charge of the final disposition of the dead human 
 56.21  body, shall enclose within the casket, alternate container, or 
 56.22  cremation container information provided by the commissioner 
 56.23  that includes a blank certificate of death, and a copy of the 
 56.24  statutes and rules controlling the removal, preparation, 
 56.25  transportation, arrangements for disposition, and final 
 56.26  disposition of a dead human body.  This section does not apply 
 56.27  to morticians, funeral directors, funeral establishments, 
 56.28  crematories, or wholesale distributors of caskets, alternate 
 56.29  containers, or cremation containers. 
 56.30     Sec. 29.  [149A.72] [FUNERAL INDUSTRY PRACTICES; 
 56.31  MISREPRESENTATIONS.] 
 56.32     Subdivision 1.  [EMBALMING PROVISIONS; DECEPTIVE ACTS OR 
 56.33  PRACTICES.] In selling or offering to sell funeral goods or 
 56.34  funeral services to the public, it is a deceptive act or 
 56.35  practice for a funeral provider to represent that state or local 
 56.36  law requires that a dead human body be embalmed when that is not 
 57.1   the case or to fail to disclose that embalming is not required 
 57.2   by law except in certain cases. 
 57.3      Subd. 2.  [EMBALMING PROVISIONS; PREVENTIVE REQUIREMENTS.] 
 57.4   To prevent deceptive acts or practices, a funeral provider must 
 57.5   not represent that a dead human body is required to be embalmed 
 57.6   for direct cremation, immediate burial, or a closed casket 
 57.7   funeral without viewing or visitation, when refrigeration is 
 57.8   available and when not required by law.  The funeral provider 
 57.9   must also place the following disclosure on the general price 
 57.10  list, described in section 149A.71, subdivision 2, paragraph 
 57.11  (e), in immediate conjunction with the price shown for 
 57.12  embalming:  "Except in certain cases, embalming is not required 
 57.13  by law.  Embalming may be necessary, however, if you select 
 57.14  certain funeral arrangements, such as a funeral with viewing.  
 57.15  If you do not want embalming, you usually have the right to 
 57.16  choose an arrangement that does not require you to pay for it, 
 57.17  such as direct cremation or immediate burial." 
 57.18     Subd. 3.  [CASKET FOR CREMATION PROVISIONS; DECEPTIVE ACTS 
 57.19  OR PRACTICES.] In selling or offering to sell funeral goods or 
 57.20  funeral services to the public, it is a deceptive act or 
 57.21  practice for a funeral provider to represent that a casket is 
 57.22  required for cremations by state or local law or otherwise. 
 57.23     Subd. 4.  [CASKET FOR CREMATION PROVISION; PREVENTIVE 
 57.24  MEASURES.] To prevent deceptive acts or practices, funeral 
 57.25  providers must place the following disclosure in immediate 
 57.26  conjunction with the prices shown for cremations:  "If you want 
 57.27  to arrange a cremation, you can use a cremation container.  A 
 57.28  cremation container is a combustible, closed container resistant 
 57.29  to the leakage of bodily fluids, that encases the body and can 
 57.30  be made of materials like fiberboard or composition materials 
 57.31  (with or without an outside covering).  The containers we 
 57.32  provide are (specify containers provided)."  This disclosure is 
 57.33  required only if the funeral provider arranges direct cremations.
 57.34     Subd. 5.  [RENTAL CASKETS; DECEPTIVE ACTS OR PRACTICES.] In 
 57.35  selling or offering to sell funeral goods or funeral services to 
 57.36  the public, it is a deceptive act or practice for a funeral 
 58.1   provider to fail to disclose that a casket has been used in a 
 58.2   previous funeral ceremony when that is the case. 
 58.3      Subd. 6.  [RENTAL CASKETS; PREVENTIVE MEASURES.] To prevent 
 58.4   deceptive acts or practices, funeral providers must place the 
 58.5   following disclosure in immediate conjunction with the prices 
 58.6   shown for funeral services where a casket may be rented rather 
 58.7   than purchased:  "If you choose a funeral service where a rental 
 58.8   casket is provided, the casket used for the funeral service may 
 58.9   have been used in a previous funeral service.  If the casket has 
 58.10  been used in a previous funeral service, the interior lining has 
 58.11  either been replaced or thoroughly cleaned." 
 58.12     Subd. 7.  [OUTER BURIAL CONTAINER PROVISIONS; DECEPTIVE 
 58.13  ACTS OR PRACTICES.] In selling or offering to sell funeral goods 
 58.14  or funeral services to the public, it is a deceptive act or 
 58.15  practice for a funeral provider to represent that state or local 
 58.16  laws or regulations, or particular cemeteries, require outer 
 58.17  burial containers when that is not the case or to fail to 
 58.18  disclose to consumers arranging funerals that state law or local 
 58.19  law does not require the purchase of an outer burial container. 
 58.20     Subd. 8.  [OUTER BURIAL CONTAINER PROVISIONS; PREVENTIVE 
 58.21  REQUIREMENTS.] To prevent deceptive acts or practices, funeral 
 58.22  providers must place the following disclosure on the outer 
 58.23  burial container price list, described in section 149A.71, 
 58.24  subdivision 2, paragraph (c), or, if the prices of outer burial 
 58.25  containers are listed on the general price list, described in 
 58.26  section 149A.71, subdivision 2, paragraph (e), in immediate 
 58.27  conjunction with those prices:  "In most areas of the country, 
 58.28  state or local law does not require that you buy a container to 
 58.29  surround the casket in the grave.  However, many cemeteries 
 58.30  require that you have such a container so that the grave will 
 58.31  not sink in.  Either a grave liner or a burial vault will 
 58.32  satisfy these requirements." 
 58.33     Subd. 9.  [GENERAL PROVISIONS ON LEGAL AND CEMETERY 
 58.34  REQUIREMENTS; DECEPTIVE ACTS OR PRACTICES.] In selling or 
 58.35  offering to sell funeral goods or funeral services to the 
 58.36  public, it is a deceptive act or practice for a funeral provider 
 59.1   to represent that federal, state, or local laws, or particular 
 59.2   cemeteries or crematories, require the purchase of any funeral 
 59.3   goods or funeral services when that is not the case. 
 59.4      Subd. 10.  [GENERAL PROVISIONS ON LEGAL AND CEMETERY 
 59.5   REQUIREMENTS; PREVENTIVE REQUIREMENTS.] To prevent deceptive 
 59.6   acts or practices, funeral providers must identify and briefly 
 59.7   describe in writing on the statement of funeral goods and 
 59.8   services selected, as described in section 149A.71, subdivision 
 59.9   2, paragraph (f), any legal, cemetery, or crematory requirement 
 59.10  which the funeral provider represents to consumers as compelling 
 59.11  the purchase of funeral goods or funeral services for the 
 59.12  funeral which that consumer is arranging. 
 59.13     Subd. 11.  [PROVISIONS ON PRESERVATIVE AND PROTECTIVE VALUE 
 59.14  CLAIMS; DECEPTIVE ACTS OR PRACTICES.] In selling or offering to 
 59.15  sell funeral goods or funeral services to the public, it is a 
 59.16  deceptive act or practice for a funeral provider to represent 
 59.17  that funeral goods or funeral services will delay the natural 
 59.18  decomposition of human remains for a long term or indefinite 
 59.19  time or to represent that funeral goods have protective 
 59.20  features, beyond a lid sealing casket, or will protect the body 
 59.21  from grave site substances, when that is not the case. 
 59.22     Subd. 12.  [CASH ADVANCE PROVISIONS; DECEPTIVE ACTS OR 
 59.23  PRACTICES.] In selling or offering to sell funeral goods or 
 59.24  funeral services to the public, it is a deceptive act or 
 59.25  practice for a funeral provider to represent that the price 
 59.26  charged for a cash advance item is the same as the cost to the 
 59.27  funeral provider for the item when that is not the case or to 
 59.28  fail to disclose to the consumer arranging the funeral that the 
 59.29  price charged for a cash advance item is not the same as the 
 59.30  cost to the funeral provider when that is not the case. 
 59.31     Subd. 13.  [CASH ADVANCE PROVISIONS; PREVENTIVE 
 59.32  REQUIREMENTS.] To prevent deceptive acts or practices, funeral 
 59.33  providers must place the following sentence in the itemized 
 59.34  statement of funeral goods and services selected, in immediate 
 59.35  conjunction with the list of itemized cash advance items 
 59.36  required by section 149A.71, subdivision 2, paragraph (f):  "We 
 60.1   charge you for our services in obtaining (specify cash advance 
 60.2   items provided).", if the funeral provider makes a charge upon, 
 60.3   or receives and retains a rebate, commission, or trade or volume 
 60.4   discount upon a cash advance item. 
 60.5      Sec. 30.  [149A.73] [FUNERAL INDUSTRY PRACTICES; REQUIRED 
 60.6   PURCHASE OF FUNERAL GOODS OR FUNERAL SERVICES.] 
 60.7      Subdivision 1.  [CASKET FOR CREMATION PROVISIONS; DECEPTIVE 
 60.8   ACTS OR PRACTICES.] In selling or offering to sell funeral goods 
 60.9   or funeral services to the public, it is a deceptive act or 
 60.10  practice for a funeral provider to require that a casket be 
 60.11  purchased for cremation. 
 60.12     Subd. 2.  [CASKET FOR CREMATION; PREVENTIVE 
 60.13  REQUIREMENTS.] To prevent unfair or deceptive acts or practices, 
 60.14  if funeral providers arrange cremations, they must make a 
 60.15  cremation container available for cremations. 
 60.16     Subd. 3.  [OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR 
 60.17  FUNERAL SERVICES; DECEPTIVE ACTS OR PRACTICES.] In selling or 
 60.18  offering to sell funeral goods or funeral services to the 
 60.19  public, it is a deceptive act or practice for a funeral provider 
 60.20  to condition the furnishing of any funeral good or funeral 
 60.21  service to a consumer arranging a funeral upon the purchase of 
 60.22  any other funeral good or funeral service, except as may be 
 60.23  otherwise required by law or to charge any fee as a condition to 
 60.24  furnishing any funeral goods or funeral services to a consumer 
 60.25  arranging a funeral, other than the fees for services of funeral 
 60.26  director and staff, other funeral services and funeral goods 
 60.27  selected by the purchaser, and other funeral goods or services 
 60.28  required to be purchased, as explained on the itemized statement 
 60.29  in accordance with section 149A.72, subdivision 10. 
 60.30     Subd. 4.  [OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR 
 60.31  FUNERAL SERVICES; PREVENTIVE REQUIREMENTS.] To prevent unfair or 
 60.32  deceptive acts or practices, funeral providers must place the 
 60.33  following disclosure in the general price list, immediately 
 60.34  above the prices required by section 149A.71, subdivision 2, 
 60.35  paragraph (e), clauses (4) to (10):  "The goods and services 
 60.36  shown below are those we can provide to our customers.  You may 
 61.1   choose only the items you desire.  If legal or other 
 61.2   requirements mean that you must buy any items you did not 
 61.3   specifically ask for, we will explain the reason in writing on 
 61.4   the statement we provide describing the funeral goods and 
 61.5   services you selected."  However, if the charge for "services of 
 61.6   funeral director and staff" cannot be declined by the purchaser, 
 61.7   the statement shall include the sentence "However, any funeral 
 61.8   arrangements you select will include a charge for our basic 
 61.9   services." between the second and third sentences of the 
 61.10  sentences specified in this subdivision.  The statement may 
 61.11  include the phrase "and overhead" after the word "services" if 
 61.12  the fee includes a charge for the recovery of unallocated 
 61.13  funeral overhead.  If the funeral provider does not include this 
 61.14  disclosure statement, then the following disclosure statement 
 61.15  must be placed in the statement of funeral goods and services 
 61.16  selected, as described in section 149A.71, subdivision 2, 
 61.17  paragraph (f):  "Charges are only for those items that you 
 61.18  selected or that are required.  If we are required by law or by 
 61.19  a cemetery or crematory to use any items, we will explain the 
 61.20  reasons in writing below."  A funeral provider is not in 
 61.21  violation of this subdivision by failing to comply with a 
 61.22  request for a combination of goods or services which would be 
 61.23  impossible, impractical, or excessively burdensome to provide. 
 61.24     Sec. 31.  [149A.74] [FUNERAL INDUSTRY PRACTICES; SERVICES 
 61.25  PROVIDED WITHOUT PRIOR APPROVAL.] 
 61.26     Subdivision 1.  [SERVICES PROVIDED WITHOUT PRIOR APPROVAL; 
 61.27  DECEPTIVE ACTS OR PRACTICES.] In selling or offering to sell 
 61.28  funeral goods or funeral services to the public, it is a 
 61.29  deceptive act or practice for any funeral provider to embalm a 
 61.30  dead human body unless state or local law or regulation requires 
 61.31  embalming in the particular circumstances regardless of any 
 61.32  funeral choice which might be made, or prior approval for 
 61.33  embalming has been obtained from an individual legally 
 61.34  authorized to make such a decision, or the funeral provider is 
 61.35  unable to contact the legally authorized individual after 
 61.36  exercising due diligence, has no reason to believe the legally 
 62.1   authorized individual does not want embalming performed, and 
 62.2   obtains subsequent approval for embalming already performed.  In 
 62.3   seeking approval to embalm, the funeral provider must disclose 
 62.4   that embalming is not required by law except in certain 
 62.5   circumstances; that a fee will be charged if a funeral is 
 62.6   selected which requires embalming, such as a funeral with 
 62.7   viewing; and that no fee will be charged if the family selects a 
 62.8   service which does not require embalming, such as direct 
 62.9   cremation or immediate burial. 
 62.10     Subd. 2.  [SERVICES PROVIDED WITHOUT PRIOR APPROVAL; 
 62.11  PREVENTIVE REQUIREMENT.] To prevent unfair or deceptive acts or 
 62.12  practices, funeral providers must include on the itemized 
 62.13  statement of funeral goods or services, as described in section 
 62.14  149A.71, subdivision 2, paragraph (f), the statement "If you 
 62.15  selected a funeral that may require embalming, such as a funeral 
 62.16  with viewing, you may have to pay for embalming.  You do not 
 62.17  have to pay for embalming you did not approve if you selected 
 62.18  arrangements such as direct cremation or immediate burial.  If 
 62.19  we charged for embalming, we will explain why below." 
 62.20     Sec. 32.  [149A.75] [FUNERAL INDUSTRY PRACTICES; RETENTION 
 62.21  OF DOCUMENTS.] 
 62.22     Funeral providers must retain and make available for 
 62.23  inspection true and accurate copies of the applicable price 
 62.24  lists specified in section 149A.71, subdivision 2, paragraphs 
 62.25  (c) to (e), for a minimum of one calendar year after the date of 
 62.26  their last distribution to customers.  In addition, funeral 
 62.27  providers must retain a copy of each statement of funeral goods 
 62.28  and services selected, as described in section 149A.71, 
 62.29  subdivision 2, paragraph (f), for a minimum of three calendar 
 62.30  years from the date of the arrangement conference.  Following 
 62.31  this period and subject to any other laws requiring retention of 
 62.32  records, the funeral provider may then place the records in 
 62.33  storage or reduce them to microfilm, microfiche, laser disc, or 
 62.34  any other method that can produce an accurate reproduction of 
 62.35  the original record, for retention for a period of ten calendar 
 62.36  years from the date of the arrangement conference.  At the end 
 63.1   of this period and subject to any other laws requiring retention 
 63.2   of records, the funeral provider may destroy the records by 
 63.3   shredding, incineration, or any other manner that protects the 
 63.4   privacy of the individuals identified in the records. 
 63.5      Sec. 33.  [149A.76] [FUNERAL INDUSTRY PRACTICES; 
 63.6   COMPREHENSION OF DISCLOSURES.] 
 63.7      Funeral providers must make all disclosures required under 
 63.8   sections 149A.71 to 149A.74 in a clear and conspicuous manner. 
 63.9      Sec. 34.  [149A.80] [DEATH; RIGHT TO CONTROL AND DUTY OF 
 63.10  DISPOSITION.] 
 63.11     Subdivision 1.  [ADVANCE DIRECTIVES AND WILL OF DECEDENT.] 
 63.12  A person may direct the preparation for, type, or place of that 
 63.13  person's final disposition, either by oral or written 
 63.14  instructions.  The person or persons otherwise entitled to 
 63.15  control the final disposition under this chapter shall 
 63.16  faithfully carry out the reasonable and otherwise lawful 
 63.17  directions of the decedent to the extent that the decedent has 
 63.18  provided resources for the purpose of carrying out the 
 63.19  directions.  If the instructions are contained in a will, they 
 63.20  shall be immediately carried out, regardless of the validity of 
 63.21  the will in other respects or of the fact that the will may not 
 63.22  be offered for or admitted to probate until a later date, 
 63.23  subject to other provisions of this chapter or any other law of 
 63.24  this state.  This subdivision shall be administered and 
 63.25  construed so that the reasonable and lawful instructions of the 
 63.26  decedent or the person entitled to control the final disposition 
 63.27  shall be faithfully and promptly performed. 
 63.28     Subd. 2.  [DETERMINATION OF RIGHT TO CONTROL AND DUTY OF 
 63.29  DISPOSITION.] The right to control the disposition of the 
 63.30  remains of a deceased person, including the location and 
 63.31  conditions of final disposition, unless other directions have 
 63.32  been given by the decedent pursuant to subdivision 1, vests in, 
 63.33  and the duty of final disposition of the body devolves upon, the 
 63.34  following in the order named: 
 63.35     (1) the person designated in a dated written instrument 
 63.36  signed by the decedent.  Written instrument does not include a 
 64.1   durable or nondurable power of attorney which terminates on the 
 64.2   death of the principal pursuant to sections 523.08 and 523.09; 
 64.3      (2) the surviving, legally recognized spouse; 
 64.4      (3) the surviving biological or adopted child or children 
 64.5   of the decedent over the age of majority, provided that, in the 
 64.6   absence of actual knowledge to the contrary, a funeral director 
 64.7   or mortician may rely on instructions given by the child or 
 64.8   children who represent that they are the sole surviving child, 
 64.9   or that they constitute a majority of the surviving children; 
 64.10     (4) the surviving parent or parents of the decedent; 
 64.11     (5) the surviving biological or adopted sibling or siblings 
 64.12  of the decedent over the age of majority, provided that, in the 
 64.13  absence of actual knowledge to the contrary, a funeral director 
 64.14  or mortician may rely on instructions given by the sibling or 
 64.15  siblings who represent that they are the sole surviving sibling, 
 64.16  or that they constitute a majority of the surviving siblings; 
 64.17     (6) the person or persons respectively in the next degree 
 64.18  of kinship in the order named by law to inherit the estate of 
 64.19  the decedent; and 
 64.20     (7) the appropriate public or court authority, as required 
 64.21  by law. 
 64.22     For purposes of this subdivision, the appropriate public or 
 64.23  court authority includes the county board of the county in which 
 64.24  the death occurred if the person dies without apparent financial 
 64.25  means to provide for final disposition or the district court in 
 64.26  the county in which the death occurred. 
 64.27     Subd. 3.  [ESTRANGED PERSONS.] Where there is only one 
 64.28  person in a degree of relationship to the decedent described in 
 64.29  subdivision 2, clauses (1) to (6), and a district court pursuant 
 64.30  to subdivision 5, determines that the person and the decedent 
 64.31  were estranged at the time of death, the right to control and 
 64.32  the duty of disposition shall devolve to the person or persons 
 64.33  in the next degree of relationship pursuant to subdivision 2, 
 64.34  clauses (1) to (6).  For purposes of this subdivision, 
 64.35  "estranged" means having a relationship characterized by mutual 
 64.36  enmity, hostility, or indifference. 
 65.1      Subd. 4.  [REFUSAL OF RIGHT TO CONTROL AND DUTY OF 
 65.2   DISPOSITION.] If a person or persons to whom the right to 
 65.3   control and duty of disposition devolve pursuant to subdivision 
 65.4   2, clauses (1) to (6), refuses to accept or declines to act upon 
 65.5   the right or duty, that right and duty shall pass as follows: 
 65.6      (1) to another person or persons with the same degree of 
 65.7   relationship to the decedent as the person or persons refusing 
 65.8   to accept or declining to act; or 
 65.9      (2) to the person or persons in the next degree of 
 65.10  relationship to the decedent pursuant to subdivision 2, clauses 
 65.11  (1) to (6). 
 65.12     Subd. 5.  [DISPUTES.] When a dispute exists regarding the 
 65.13  right to control or duty of disposition, the parties in dispute 
 65.14  or the mortician or funeral director may file a petition in the 
 65.15  district court in the county of residence of the decedent 
 65.16  requesting that the court make a determination in the matter. 
 65.17  Should the right to control and duty of disposition devolve to 
 65.18  more than one person with the same degree of relationship to the 
 65.19  decedent and those persons cannot, by majority vote, make a 
 65.20  decision regarding arrangements and final disposition and a 
 65.21  district court has been petitioned to make a determination, the 
 65.22  court shall consider the following factors in making its 
 65.23  determination: 
 65.24     (1) the reasonableness, practicality, and resources 
 65.25  available for payment of the proposed arrangements and final 
 65.26  disposition; 
 65.27     (2) the degree of the personal relationship between the 
 65.28  decedent and each of the persons in the same degree of 
 65.29  relationship to the decedent; 
 65.30     (3) the expressed wishes and directions of the decedent and 
 65.31  the extent to which the decedent has provided resources for the 
 65.32  purpose of carrying out the wishes or directions; and 
 65.33     (4) the degree to which the arrangements and final 
 65.34  disposition will allow for participation by all who wish to pay 
 65.35  respect to the decedent. 
 65.36     Subd. 6.  [CONTROL BY FUNERAL DIRECTOR OR MORTICIAN.] A 
 66.1   funeral director or mortician shall have complete authority to 
 66.2   control the final disposition and to proceed under this chapter 
 66.3   to recover reasonable charges for the final disposition when 
 66.4   both of the following apply: 
 66.5      (1) the funeral director or mortician has actual knowledge 
 66.6   that none of the persons described in subdivision 2, clauses (1) 
 66.7   to (6), exist or that none of the persons so described can be 
 66.8   found after reasonable inquiry or contacted by reasonable means; 
 66.9   and 
 66.10     (2) the appropriate public or court authority fails to 
 66.11  assume responsibility for disposition of the remains within 36 
 66.12  hours after having been given written notice of the facts. 
 66.13  Written notice may be delivered by hand, United States mail, 
 66.14  facsimile transmission, or telegraph. 
 66.15     Subd. 7.  [IMMUNITY.] A funeral director or mortician shall 
 66.16  not be subject to criminal prosecution or civil liability for 
 66.17  carrying out the otherwise lawful instructions of the decedent 
 66.18  or the person or persons whom the funeral director or mortician 
 66.19  reasonably believes is entitled to control the final disposition.
 66.20     Subd. 8.  [LIABILITY FOR COST OF FINAL DISPOSITION.] In 
 66.21  addition to separate contractual obligations, the liability for 
 66.22  the reasonable cost of final disposition devolves upon the 
 66.23  estate of the decedent, regardless of whether testate or 
 66.24  intestate, and the distributees of the estate pursuant to 
 66.25  chapter 524, the uniform probate code.  In the case of persons 
 66.26  who die without apparent financial means to provide for final 
 66.27  disposition, control of final disposition and liability devolves 
 66.28  to the county board of the county in which the death occurred, 
 66.29  pursuant to section 261.035.  In the case of unclaimed bodies 
 66.30  delivered for dissection pursuant to section 525.9213 and 
 66.31  anatomical gifts of the entire body made pursuant to section 
 66.32  149A.81, subdivision 2, subject to the terms of the gift, 
 66.33  liability for transportation and final disposition shall be 
 66.34  borne by the institution receiving the body. 
 66.35     Subd. 9.  [INTERFERENCE WITH BODY OR FINAL DISPOSITION.] 
 66.36  Any person that arrests, attaches, detains, or claims to detain 
 67.1   any human remains for any debt or demand, or upon any pretended 
 67.2   lien or charge, or who, without authority of law, obstructs or 
 67.3   detains a person charged with the duty or engaged in the final 
 67.4   disposition of a dead human body, or fails to release any dead 
 67.5   human body upon the receipt of authorization for the release 
 67.6   signed by a person or persons entitled to custody of the body is 
 67.7   guilty of a misdemeanor.  Criminal prosecution shall not 
 67.8   preclude the commissioner from taking any other lawful 
 67.9   disciplinary action. 
 67.10     Sec. 35.  [149A.81] [ANATOMICAL GIFTS.] 
 67.11     Subdivision 1.  [DUTY OF DISPOSITION; GIFT OF PART OF A 
 67.12  BODY.] This chapter does not apply to or interfere with the 
 67.13  making of an anatomical gift under sections 525.921 to 525.9224, 
 67.14  except as provided in this subdivision. 
 67.15     When the anatomical gift is of a part of a body, after 
 67.16  procurement of the gift organ or organs, custody of the 
 67.17  remainder of the body vests in the person or persons under legal 
 67.18  obligation to dispose of the body under section 149A.80.  Once 
 67.19  an anatomical gift has been made and custody of the body has 
 67.20  passed from the donee to the person or persons lawfully entitled 
 67.21  or obligated to dispose of the body, the provisions of this 
 67.22  chapter apply. 
 67.23     Subd. 2.  [DUTY OF DISPOSITION; GIFT OF WHOLE BODY.] When 
 67.24  the gift is of the whole body, after it has served the purpose 
 67.25  of the gift, subject to the terms of the gift, the body shall be 
 67.26  decently buried in a public or private cemetery or cremated and 
 67.27  disposed of in any lawful manner and the expense of transporting 
 67.28  and burying or cremating the body shall be borne by the donee of 
 67.29  the body.  Where the donee allows embalming of the body and a 
 67.30  funeral service prior to delivery of the body for gift purposes, 
 67.31  this chapter applies until the body is delivered to the donee 
 67.32  pursuant to the gift.  Where the donee takes immediate delivery 
 67.33  of the body pursuant to the gift, the donee must complete and 
 67.34  file the death certificate.  If the donee does not accept the 
 67.35  gift of the body, the right to control, duty of disposition, and 
 67.36  liability for disposition shall be in accordance with section 
 68.1   149A.80. 
 68.2      Sec. 36.  [149A.90] [DEATH; REGISTRATION AND REMOVAL FROM 
 68.3   PLACE OF DEATH.] 
 68.4      Subdivision 1.  [DEATH CERTIFICATE.] Except as provided in 
 68.5   this section, a death certificate must be completed and filed 
 68.6   for every known death by the mortician, funeral director, or 
 68.7   other person lawfully in charge of the disposition of the body. 
 68.8      Subd. 2.  [REMOVAL FROM PLACE OF DEATH.] No person subject 
 68.9   to regulation under this chapter shall remove or cause to be 
 68.10  removed any dead human body from the place of death without 
 68.11  being licensed by the commissioner.  Every dead human body shall 
 68.12  be removed from the place of death by a licensed mortician or 
 68.13  funeral director, except as provided in section 149A.01, 
 68.14  subdivision 3. 
 68.15     Subd. 3.  [REFERRALS TO CORONER OR MEDICAL EXAMINER.] The 
 68.16  mortician, funeral director, or other person lawfully in charge 
 68.17  of the disposition of the body shall notify the coroner or 
 68.18  medical examiner before moving a body from the site of death in 
 68.19  any case: 
 68.20     (1) where the person is unable to obtain firm assurance 
 68.21  from the physician in attendance that the medical certification 
 68.22  will be signed; 
 68.23     (2) when circumstances suggest that the death was caused by 
 68.24  other than natural causes; 
 68.25     (3) where deaths occur under mysterious or unusual 
 68.26  circumstances; 
 68.27     (4) where there is a violent death, whether homicidal, 
 68.28  suicidal, or accidental, including but not limited to:  thermal, 
 68.29  chemical, electrical, or radiational injury; and deaths due to 
 68.30  criminal abortion, whether self-induced or not; 
 68.31     (5) where the body is to be disposed of in some manner 
 68.32  which prevents later examination, including but not limited to, 
 68.33  cremation, dissection, or burial at sea; or 
 68.34     (6) when the decedent was an inmate of a public institution 
 68.35  who was not hospitalized for organic disease. 
 68.36     Subd. 4.  [DOCUMENTATION OF REMOVAL.] No dead human body 
 69.1   shall be removed from the place of death by a mortician or 
 69.2   funeral director without the completion of a removal 
 69.3   certification and, where possible, presentation of a copy of 
 69.4   that certification to the person or a representative of the 
 69.5   legal entity with physical or legal custody of the body at the 
 69.6   death site.  The removal certification may be on a form provided 
 69.7   by the commissioner or on any other form that contains, at 
 69.8   least, the following information: 
 69.9      (1) the name of the deceased, if known; 
 69.10     (2) the date and time of removal; 
 69.11     (3) a brief listing of the type and condition of any 
 69.12  personal property removed with the body; 
 69.13     (4) the location to which the body is being taken; 
 69.14     (5) the name, business address, and license number of the 
 69.15  individual making the removal; and 
 69.16     (6) the signatures of the individual making the removal 
 69.17  and, where possible, the individual or representative of the 
 69.18  legal entity with physical or legal custody of the body at the 
 69.19  death site. 
 69.20     Subd. 5.  [RETENTION OF DOCUMENTATION OF REMOVAL.] A copy 
 69.21  of the removal certification shall be given, where possible, to 
 69.22  the person or representative of the legal entity having physical 
 69.23  or legal custody of the body at the death site.  The original 
 69.24  removal certification shall be retained by the individual making 
 69.25  the removal and shall be kept on file, at the funeral 
 69.26  establishment or crematory to which the body was taken, for a 
 69.27  period of three calendar years following the date of the 
 69.28  removal.  Following this period, and subject to any other laws 
 69.29  requiring retention of records, the funeral establishment or 
 69.30  crematory may then place the records in storage or reduce them 
 69.31  to microfilm, microfiche, laser disc, or any other method that 
 69.32  can produce an accurate reproduction of the original record, for 
 69.33  retention for a period of ten calendar years from the date of 
 69.34  the removal of the body.  At the end of this period and subject 
 69.35  to any other laws requiring retention of records, the funeral 
 69.36  establishment or crematory may destroy the records by shredding, 
 70.1   incineration, or any other manner that protects the privacy of 
 70.2   the individuals identified in the records. 
 70.3      Subd. 6.  [REMOVAL PROCEDURE.] Every individual removing a 
 70.4   dead human body from the place of death shall use universal 
 70.5   precautions and otherwise exercise all reasonable precautions to 
 70.6   minimize the risk of transmitting any communicable disease from 
 70.7   the body.  Before removal, the body shall be wrapped in a sheet 
 70.8   that is impervious to liquids, covered in such a manner that the 
 70.9   body cannot be viewed, encased in a secure pouch, and placed on 
 70.10  a regulation ambulance cot or on an aircraft ambulance 
 70.11  stretcher.  Any dead human body measuring 36 inches or less in 
 70.12  length may be removed after having been properly wrapped, 
 70.13  covered, and encased, but does not need to be placed on an 
 70.14  ambulance cot or aircraft ambulance stretcher. 
 70.15     Subd. 7.  [CONVEYANCES PERMITTED FOR REMOVAL.] A dead human 
 70.16  body may be transported from the place of death by any vehicle 
 70.17  that meets the following standards: 
 70.18     (1) promotes respect for and preserves the dignity of the 
 70.19  dead human body; 
 70.20     (2) shields the body from being viewed from outside of the 
 70.21  conveyance; 
 70.22     (3) has ample enclosed area to accommodate an ambulance cot 
 70.23  or aircraft ambulance stretcher in a horizontal position; 
 70.24     (4) is so designed to permit loading and unloading of the 
 70.25  body without excessive tilting of the cot or stretcher; and 
 70.26     (5) if used for the transportation of more than one dead 
 70.27  human body at one time, the vehicle must be designed so that a 
 70.28  body or container does not rest directly on top of another body 
 70.29  or container and that each body or container is secured to 
 70.30  prevent the body or container from excessive movement within the 
 70.31  conveyance.  A dead human body measuring 36 inches or less in 
 70.32  length may be transported from the place of death by passenger 
 70.33  automobile.  For purposes of this subdivision, a passenger 
 70.34  automobile is a vehicle designed and used for carrying not more 
 70.35  than ten persons, but excludes motorcycles and motor scooters. 
 70.36     Subd. 8.  [PROPER HOLDING FACILITY REQUIRED.] The funeral 
 71.1   establishment or crematory to which a dead human body is taken 
 71.2   shall have an appropriate holding facility for storing the body 
 71.3   while awaiting final disposition.  The holding facility must be 
 71.4   secure from access by anyone except the authorized personnel of 
 71.5   the funeral establishment or crematory, preserve the dignity of 
 71.6   the remains, and protect the health and safety of the funeral 
 71.7   establishment or crematory personnel. 
 71.8      Sec. 37.  [149A.91] [PREPARATION OF BODY.] 
 71.9      Subdivision 1.  [UNIVERSAL PRECAUTIONS.] In handling and 
 71.10  preparing dead human bodies for final disposition, any person 
 71.11  who comes in direct contact with an unembalmed dead human body 
 71.12  or who enters a room where dead human bodies are embalmed, shall 
 71.13  use universal precautions and otherwise exercise all reasonable 
 71.14  precautions to minimize the risk of transmitting any 
 71.15  communicable disease from the body.  All persons present in a 
 71.16  preparation and embalming room while a body is being prepared 
 71.17  for final disposition must be attired in accordance with all 
 71.18  applicable state and federal regulation regarding the control of 
 71.19  infectious disease and occupational and workplace health and 
 71.20  safety. 
 71.21     Subd. 2.  [PREPARATION PROCEDURES; ACCESS TO PREPARATION 
 71.22  ROOM.] The preparation of a dead human body for final 
 71.23  disposition shall be performed in privacy.  No person shall be 
 71.24  permitted to be present in the preparation room while a dead 
 71.25  human body is being embalmed, washed, or otherwise prepared for 
 71.26  final disposition, except: 
 71.27     (1) licensed morticians or funeral directors and their 
 71.28  authorized agents and employees; 
 71.29     (2) registered interns or students as described in 
 71.30  subdivision 6; 
 71.31     (3) public officials or representatives in the discharge of 
 71.32  their official duties; 
 71.33     (4) licensed medical personnel; and 
 71.34     (5) members of the immediate family of the deceased, their 
 71.35  designated representatives, and any person receiving written 
 71.36  authorization to be present.  The written authorization must be 
 72.1   dated and signed by the person with legal right to control the 
 72.2   disposition and must be presented to the mortician or intern or 
 72.3   practicum student who will be performing the procedure.  The 
 72.4   written authorization shall become part of the required records 
 72.5   pursuant to subdivision 10. 
 72.6      Subd. 3.  [EMBALMING REQUIRED.] A dead human body must be 
 72.7   embalmed by a licensed mortician in the following circumstances: 
 72.8      (1) if the body will be transported by public 
 72.9   transportation; 
 72.10     (2) if final disposition will not be accomplished within 72 
 72.11  hours after death or release of the body by a competent 
 72.12  authority with jurisdiction over the body or the body will be 
 72.13  lawfully stored for final disposition in the future, except as 
 72.14  provided in section 149A.94, subdivision 1; 
 72.15     (3) if the body will be publicly viewed; or 
 72.16     (4) if so ordered by the commissioner of health for the 
 72.17  control of infectious disease and the protection of the public 
 72.18  health. 
 72.19     Subd. 4.  [AUTHORIZATION TO EMBALM.] No dead human body 
 72.20  shall be embalmed without written authorization.  Written 
 72.21  authorization to embalm a dead human body must be obtained from 
 72.22  the individual lawfully entitled to custody of the body or the 
 72.23  individual's legal designee as soon as is practicable following 
 72.24  the death.  Oral permission to embalm shall constitute an 
 72.25  effective authorization to embalm if the individual seeking 
 72.26  permission uses the word "embalm," briefly explains the nature 
 72.27  of embalming, and briefly outlines the existing laws regulating 
 72.28  the timing and reasons for embalming, and obtains written 
 72.29  authorization as soon as is possible thereafter.  The original 
 72.30  written authorization to embalm shall be maintained in the 
 72.31  records of the funeral establishment that causes the embalming 
 72.32  to be performed and a copy of the authorization must be 
 72.33  delivered to the person who has legal right to control the 
 72.34  disposition or that person's legal designee.  Predeath 
 72.35  directives authorizing embalming, duly executed by the deceased, 
 72.36  shall be given full legal effect and shall constitute an 
 73.1   effective authorization to embalm under this subdivision.  When 
 73.2   embalming is required by subdivision 3, permission to embalm 
 73.3   shall, as a matter of law, be implied. 
 73.4      Subd. 5.  [AUTHORIZATION TO EMBALM; REQUIRED FORM.] A 
 73.5   written authorization to embalm must contain the following 
 73.6   information: 
 73.7      (1) the date of the authorization; 
 73.8      (2) the name of the funeral establishment that will perform 
 73.9   the embalming; 
 73.10     (3) the name, address, and relationship to the decedent of 
 73.11  the person signing the authorization; 
 73.12     (4) an acknowledgment of the circumstances where embalming 
 73.13  is required by law under subdivision 3; 
 73.14     (5) a statement certifying that the person signing the 
 73.15  authorization is the person with legal right to control the 
 73.16  disposition of the body prescribed in section 149A.80 or that 
 73.17  person's legal designee; 
 73.18     (6) the signature of the person requesting the 
 73.19  authorization and that person's relationship to the funeral 
 73.20  establishment where the procedure will be performed; and 
 73.21     (7) the signature of the person who has the legal right to 
 73.22  control the disposition or their legal designee. 
 73.23     Subd. 6.  [MORTICIAN REQUIRED.] Embalming of a dead human 
 73.24  body shall be performed only by an individual holding a license 
 73.25  to practice mortuary science in Minnesota, a registered intern 
 73.26  pursuant to section 149A.20, subdivision 6, or a student 
 73.27  registered for a practicum through an accredited college or 
 73.28  university or a college of funeral service education accredited 
 73.29  by the American Board of Funeral Service Education.  An 
 73.30  individual who holds a funeral director only license issued 
 73.31  pursuant to section 149A.40, subdivision 2, is prohibited from 
 73.32  engaging in the embalming of a dead human body. 
 73.33     Subd. 7.  [EMBALMING CHEMICALS; PROHIBITED COMPOUNDS.] 
 73.34  Embalming fluid containing compounds of arsenic, mercury, zinc, 
 73.35  silver, or other poisonous metals shall not be sold in Minnesota 
 73.36  or used for or in the embalming of any dead human body. 
 74.1      Subd. 8.  [MINIMUM STANDARDS FOR EMBALMING.] In every case 
 74.2   where a dead human body is embalmed, standards of performance 
 74.3   known to and accepted in the practice of mortuary science shall 
 74.4   be followed to ensure the inhibition of pathogenic organisms in 
 74.5   the dead human body. 
 74.6      Subd. 9.  [EMBALMED BODIES AWAITING DISPOSITION.] All 
 74.7   embalmed bodies awaiting final disposition shall be kept in an 
 74.8   appropriate holding facility or preparation and embalming room. 
 74.9   The holding facility must be secure from access by anyone except 
 74.10  the authorized personnel of the funeral establishment, preserve 
 74.11  the dignity and integrity of the body, and protect the health 
 74.12  and safety of the personnel of the funeral establishment. 
 74.13     Subd. 10.  [REQUIRED RECORDS.] Every funeral establishment 
 74.14  that causes a dead human body to be embalmed shall create and 
 74.15  maintain on its premises or other business location in Minnesota 
 74.16  an accurate record of every embalming performed.  The record 
 74.17  shall include all of the following information for each 
 74.18  embalming: 
 74.19     (1) the name of the decedent and the date of death; 
 74.20     (2) the date the funeral establishment took physical 
 74.21  custody of the body and, if applicable, the name of the person 
 74.22  releasing the body to the custody of the funeral establishment; 
 74.23     (3) the reason for embalming the body; 
 74.24     (4) the name, address, and relationship to the decedent of 
 74.25  the person who authorized the embalming of the body; 
 74.26     (5) the date the body was embalmed, including the time 
 74.27  begun and the time of completion; 
 74.28     (6) the name, license number, and signature of the 
 74.29  mortician who performed or personally supervised the intern or 
 74.30  student who performed the embalming; 
 74.31     (7) the name, permit number, if applicable, and signature 
 74.32  of any intern or practicum student that participates in the 
 74.33  embalming of a body, whether the intern or practicum student 
 74.34  performs part or all of the embalming; and 
 74.35     (8) the original written authorization to embalm and any 
 74.36  other supporting documentation that establishes the legal right 
 75.1   of the funeral establishment to physical custody of the body and 
 75.2   to embalm the body. 
 75.3      Subd. 11.  [RETENTION OF RECORDS.] Records required under 
 75.4   subdivision 10 shall be maintained for a period of three 
 75.5   calendar years after the embalming of the body.  Following this 
 75.6   period and subject to any other laws requiring retention of 
 75.7   records, the funeral establishment may then place the records in 
 75.8   storage or reduce them to microfilm, microfiche, laser disc, or 
 75.9   any other method that can produce an accurate reproduction of 
 75.10  the original record, for retention for a period of ten calendar 
 75.11  years from the date of the embalming of the body.  At the end of 
 75.12  this period and subject to any other laws requiring retention of 
 75.13  records, the funeral establishment may destroy the records by 
 75.14  shredding, incineration, or any other manner that protects the 
 75.15  privacy of the individuals identified in the records. 
 75.16     Sec. 38.  [149A.92] [PREPARATION AND EMBALMING ROOM.] 
 75.17     Subdivision 1.  [EXEMPTION.] All funeral establishments 
 75.18  having a preparation and embalming room that has not been used 
 75.19  for the preparation or embalming of a dead human body in the 12 
 75.20  calendar months prior to July 1, 1997, are exempt from the 
 75.21  minimum requirements in subdivisions 2 to 6, except as provided 
 75.22  in this section.  At the time that ownership of a funeral 
 75.23  establishment changes, the physical location of the 
 75.24  establishment changes, or the building housing the funeral 
 75.25  establishment or business space of the establishment is 
 75.26  remodeled the existing preparation and embalming room must be 
 75.27  brought into compliance with the minimum standards in this 
 75.28  section. 
 75.29     Subd. 2.  [MINIMUM REQUIREMENTS; GENERAL.] Every funeral 
 75.30  establishment must have a preparation and embalming room.  The 
 75.31  room shall be of sufficient size and dimensions to accommodate a 
 75.32  preparation or embalming table, an open fixture with water 
 75.33  connections, and an instrument table, cabinet, or shelves. 
 75.34     Subd. 3.  [MINIMUM REQUIREMENTS; LIGHTING AND VENTILATION.] 
 75.35  The room shall be properly lit and ventilated with an exhaust 
 75.36  fan that provides at least 12 air changes per hour and is 
 76.1   located so that air is drawn away from the person performing the 
 76.2   preparation. 
 76.3      Subd. 4.  [MINIMUM REQUIREMENTS; PLUMBING CONNECTIONS.] All 
 76.4   plumbing fixtures, water supply lines, plumbing vents, and waste 
 76.5   drains shall be properly vented and connected pursuant to the 
 76.6   Minnesota plumbing code.  Where a municipal sewerage system is 
 76.7   available, the building drainage system shall be discharged into 
 76.8   that system.  Where a municipal system is not available, the 
 76.9   building system must be discharged into an approved private 
 76.10  system of waste disposal. 
 76.11     Subd. 5.  [MINIMUM REQUIREMENTS; FLOORING, WALLS, CEILING, 
 76.12  DOORS, AND WINDOWS.] All preparation and embalming rooms shall 
 76.13  have nonporous flooring, so that a sanitary condition is 
 76.14  provided.  The walls and ceiling of the preparation and 
 76.15  embalming room shall run from floor to ceiling and be covered 
 76.16  with tile, or by plaster or sheetrock painted with washable 
 76.17  paint, or other appropriate material so that a sanitary 
 76.18  condition is provided.  The doors, walls, ceiling, and windows 
 76.19  shall be constructed to prevent odors from entering any other 
 76.20  part of the building.  All windows or other openings to the 
 76.21  outside must be screened and all windows must be treated in a 
 76.22  manner that prevents viewing into the preparation room from the 
 76.23  outside. 
 76.24     Subd. 6.  [MINIMUM REQUIREMENTS; EQUIPMENT AND 
 76.25  SUPPLIES.] The preparation and embalming room must have a 
 76.26  preparation and embalming table and a functional aspirator.  The 
 76.27  preparation and embalming table shall have a nonporous top, 
 76.28  preferably of rustproof metal or porcelain, with raised edges 
 76.29  around the top of the entire table and a drain opening at the 
 76.30  lower end.  Where embalmings are actually performed in the room, 
 76.31  the room must be equipped with a functional method for injection 
 76.32  of fluids, an eye wash station, and sufficient supplies and 
 76.33  instruments for normal operation.  All supplies must be stored 
 76.34  and used in accordance with all applicable state and federal 
 76.35  regulations for occupational health and safety. 
 76.36     Subd. 7.  [ACCESS AND PRIVACY.] The preparation and 
 77.1   embalming room must be private and have no general passageway 
 77.2   through it.  The room shall, at all times, be secure from the 
 77.3   entrance of unauthorized persons.  Authorized persons are those 
 77.4   persons described in section 149A.91, subdivision 2.  Each door 
 77.5   allowing ingress or egress shall carry a sign that indicates 
 77.6   that the room is private and access is limited.  All authorized 
 77.7   persons who are present in or enter a preparation and embalming 
 77.8   room while a body is being prepared for final disposition must 
 77.9   be attired in accordance with all applicable state and federal 
 77.10  regulations regarding the control of infectious disease and 
 77.11  occupational and workplace health and safety. 
 77.12     Subd. 8.  [SANITARY CONDITIONS AND PERMITTED USE.] The 
 77.13  preparation and embalming room and all fixtures, equipment, 
 77.14  instruments, receptacles, clothing, and other appliances or 
 77.15  supplies stored or used in the room must be maintained in a 
 77.16  clean and sanitary condition at all times.  A preparation and 
 77.17  embalming room shall not be used for any other purposes. 
 77.18     Subd. 9.  [WASTE DISPOSAL.] Infectious and pathological 
 77.19  waste generated in preparation of the body shall be handled and 
 77.20  disposed of according to the infectious waste control act, 
 77.21  sections 116.75 to 116.83, and packaged for disposal in the 
 77.22  manner prescribed by rules. 
 77.23     Subd. 10.  [OCCUPATIONAL AND WORKPLACE SAFETY.] All 
 77.24  applicable provisions of state and federal regulations regarding 
 77.25  exposure to workplace hazards and accidents shall be followed in 
 77.26  order to protect the health and safety of all authorized persons 
 77.27  who enter the preparation and embalming room. 
 77.28     Sec. 39.  [149A.93] [TRANSPORTATION OF DEAD HUMAN BODIES.] 
 77.29     Subdivision 1.  [PERMITS REQUIRED.] After removal from the 
 77.30  place of death to any location where the body is held awaiting 
 77.31  final disposition, further transportation of the body shall 
 77.32  require a disposition or transit permit issued by the local 
 77.33  registrar of the place of death, a subregistrar as defined by 
 77.34  Minnesota Rules, part 4600.0100, subpart 5, or, if necessary to 
 77.35  avoid delay, the commissioner.  Permits shall contain the 
 77.36  information required on the permit form as furnished by the 
 78.1   commissioner and shall be signed by the local registrar or 
 78.2   subregistrar and the person in legal custody of the body, and, 
 78.3   where appropriate, the mortician, intern, or practicum student 
 78.4   who embalmed the body, the person in charge of the conveyance in 
 78.5   which the body will be moved, or the person in charge of the 
 78.6   place of final disposition.  Where a funeral establishment name 
 78.7   is used in signing a permit, it must be supported by the 
 78.8   personal signature of a licensee employed by the funeral 
 78.9   establishment. 
 78.10     Subd. 2.  [TRANSIT PERMIT.] A transit permit shall be 
 78.11  required when a body is to be: 
 78.12     (1) moved within a registration district and legal and 
 78.13  physical custody of the body is transferred; 
 78.14     (2) removed from a registration district; 
 78.15     (3) removed from the county where the death occurred; 
 78.16     (4) transported by public transportation; or 
 78.17     (5) removed from the state. 
 78.18     Subd. 3.  [DISPOSITION PERMIT.] A disposition permit shall 
 78.19  be required before a body can be buried, entombed, or cremated, 
 78.20  or when a body will be retained for more than five calendar 
 78.21  days.  No disposition permit shall be issued until a death 
 78.22  certificate has been completed or the issuing authority receives 
 78.23  firm assurances that the death certificate will be completed 
 78.24  within a reasonable amount of time not to exceed seven calendar 
 78.25  days from the issuance of the permit. 
 78.26     Subd. 4.  [POSSESSION OF PERMIT.] Until the body is 
 78.27  delivered for final disposition, the permit shall be in 
 78.28  possession of the person in physical or legal custody of the 
 78.29  body, or attached to the transportation container which holds 
 78.30  the body.  At the place of final disposition, legal custody of 
 78.31  the body shall pass with the filing of the disposition permit 
 78.32  with the person in charge of that place, the health board 
 78.33  authorized under section 145A.04, where local disposition 
 78.34  permits are required, or the commissioner where there is no 
 78.35  legal entity in charge of the place of final disposition. 
 78.36     Subd. 5.  [DEATH OUTSIDE STATE; DISPOSITION PERMIT.] When a 
 79.1   death occurs outside of the state and the body travels into or 
 79.2   through this state, the body must be accompanied by a permit for 
 79.3   burial, removal, or other disposition issued in accordance with 
 79.4   the laws and rules of the state where the death occurred.  The 
 79.5   properly issued permit from the state where the death occurred 
 79.6   shall authorize the transportation of the body into or through 
 79.7   this state, but before final disposition in this state, a 
 79.8   separate Minnesota disposition permit must be issued and filed, 
 79.9   together with the foreign permit, according to subdivision 4. 
 79.10     Subd. 6.  [CONVEYANCES PERMITTED FOR TRANSPORTATION.] A 
 79.11  dead human body may be transported by means of public 
 79.12  transportation provided that the body must be properly embalmed 
 79.13  and encased in an appropriate container, or by any private 
 79.14  vehicle or aircraft that meets the following standards: 
 79.15     (1) promotes respect for and preserves the dignity of the 
 79.16  dead human body; 
 79.17     (2) shields the body from being viewed from outside of the 
 79.18  conveyance; 
 79.19     (3) has ample enclosed area to accommodate a regulation 
 79.20  ambulance cot, aircraft ambulance stretcher, casket, alternative 
 79.21  container, or cremation container in a horizontal position; 
 79.22     (4) is designed to permit loading and unloading of the body 
 79.23  without excessive tilting of the casket, alternative container, 
 79.24  or cremation container; and 
 79.25     (5) if used for the transportation of more than one dead 
 79.26  human body at one time, the vehicle must be designed so that a 
 79.27  body or container does not rest directly on top of another body 
 79.28  or container and that each body or container is secured to 
 79.29  prevent the body or container from excessive movement within the 
 79.30  conveyance. 
 79.31     Subd. 7.  [TRANSPORTATION PROCEDURES.] When a dead human 
 79.32  body is transported by public transportation, it must be 
 79.33  properly embalmed and enclosed in a casket or alternative 
 79.34  container and an appropriate outside shipping container.  When 
 79.35  transportation is by any private vehicle or aircraft, the 
 79.36  outside shipping container may be omitted or the casket or 
 80.1   alternative container and the outside container may both be 
 80.2   omitted and, in such case, the body shall be wrapped in a sheet 
 80.3   that is impervious to liquids, covered in such a manner that the 
 80.4   body cannot be viewed, encased in a secure pouch, and placed on 
 80.5   a regulation ambulance cot or on an aircraft ambulance stretcher.
 80.6      Subd. 8.  [WHO MAY TRANSPORT.] Subject to section 149A.09, 
 80.7   a dead human body need not be transported under the direct, 
 80.8   personal supervision of a licensed mortician or funeral 
 80.9   director.  In circumstances where there is no reasonable 
 80.10  probability that unlicensed personnel will encounter family 
 80.11  members or other persons with whom funeral arrangements are 
 80.12  normally made by licensed morticians or funeral directors, a 
 80.13  dead human body may be transported without the direct, personal 
 80.14  supervision of a licensed mortician.  Any inadvertent contact 
 80.15  with family members or other persons as described above shall be 
 80.16  restricted to unlicensed personnel identifying the employer to 
 80.17  the person encountered, offering to arrange an appointment with 
 80.18  the employer for any person who indicates a desire to make 
 80.19  funeral arrangements for the deceased, and making any disclosure 
 80.20  to the person that is required by state or federal regulations.  
 80.21  A licensed mortician or funeral director who directs the 
 80.22  transport of a dead human body without providing direct, 
 80.23  personal supervision shall be held strictly accountable for 
 80.24  compliance with this chapter. 
 80.25     Subd. 9.  [EMBALMING REQUIRED.] Except as provided in 
 80.26  section 149A.94, subdivision 2, a dead human body that is being 
 80.27  transported by public transportation or will not be buried, 
 80.28  cremated, or entombed within 72 hours following death or release 
 80.29  by a competent authority with jurisdiction over the body must be 
 80.30  properly embalmed. 
 80.31     Sec. 40.  [149A.94] [FINAL DISPOSITION.] 
 80.32     Subdivision 1.  [GENERALLY.] Every dead human body lying 
 80.33  within the state, except those delivered for dissection pursuant 
 80.34  to section 525.9213, those delivered for anatomical study 
 80.35  pursuant to section 149A.81, subdivision 2, or lawfully carried 
 80.36  through the state for the purpose of disposition elsewhere; and 
 81.1   the remains of any dead human body after dissection or 
 81.2   anatomical study, shall be decently buried, entombed, or 
 81.3   cremated, within a reasonable time after death. Where final 
 81.4   disposition of a body will not be accomplished within 72 hours 
 81.5   following death or release of the body by a competent authority 
 81.6   with jurisdiction over the body, the body must be properly 
 81.7   embalmed.  For purposes of this section, refrigeration is not 
 81.8   considered a form of preservation or disinfection and does not 
 81.9   alter the 72-hour requirement, except as provided in subdivision 
 81.10  2. 
 81.11     Subd. 2.  [CREMATION EXCEPTIONS.] The 72-hour requirement 
 81.12  does not apply when a body properly delivered to a crematory 
 81.13  cannot be cremated within the time constraints imposed by law 
 81.14  for reasons of mechanical failure of the cremation chamber or 
 81.15  timeliness of delivery.  Should a crematory accept delivery of a 
 81.16  body later than 67 hours following the death or release of the 
 81.17  body by a competent authority with jurisdiction over the body or 
 81.18  experience such mechanical failure, the properly delivered body, 
 81.19  whether embalmed or not, must be maintained in a secure holding 
 81.20  facility at a temperature within the range of 34 and 40 degrees 
 81.21  Fahrenheit until cremation can be accomplished.  If cremation 
 81.22  cannot be accomplished within five calendar days after death or 
 81.23  release of the body, the crematory must obtain a permit to 
 81.24  retain the body pursuant to section 149A.93, subdivision 3.  No 
 81.25  body may be kept in refrigeration for a period that exceeds 
 81.26  seven calendar days from receipt of the body by the crematory. 
 81.27  If cremation cannot be accomplished within the seven calendar 
 81.28  day period, arrangements must be made to have the body 
 81.29  transported to an alternate crematory for final disposition. 
 81.30     Subd. 3.  [PERMIT REQUIRED.] No dead human body shall be 
 81.31  buried, entombed, or cremated without the filing of a properly 
 81.32  issued permit with the person in charge of the place of final 
 81.33  disposition.  Where a dead human body will be transported out of 
 81.34  this state for final disposition, the body must be accompanied 
 81.35  by a properly issued disposition permit. 
 81.36     Subd. 4.  [CREMATION.] Inurnment of cremated remains and 
 82.1   release to an appropriate party is considered final disposition 
 82.2   and no further permits or authorizations are required for 
 82.3   transportation, interment, entombment, or placement of the 
 82.4   cremated remains, except as provided in section 149A.95, 
 82.5   subdivision 16. 
 82.6      Sec. 41.  [149A.95] [CREMATORIES AND CREMATION.] 
 82.7      Subdivision 1.  [LICENSE REQUIRED.] No person shall cremate 
 82.8   a dead human body or cause any dead human body to be cremated in 
 82.9   this state without being licensed by the commissioner of health. 
 82.10     Subd. 2.  [GENERAL REQUIREMENTS.] Any building to be used 
 82.11  as a crematory must comply with all applicable local and state 
 82.12  building codes, zoning laws and ordinances, and environmental 
 82.13  standards.  A crematory must have, on site, a motorized 
 82.14  mechanical device for processing cremated remains and must have, 
 82.15  in the building or adjacent to it, a holding facility for the 
 82.16  retention of dead human bodies awaiting cremation.  The holding 
 82.17  facility must be secure from access by anyone except the 
 82.18  authorized personnel of the crematory, preserve the dignity of 
 82.19  the remains, and protect the health and safety of the crematory 
 82.20  personnel. 
 82.21     Subd. 3.  [UNLICENSED PERSONNEL.] A licensed crematory may 
 82.22  employ unlicensed personnel, provided that all applicable 
 82.23  provisions of this chapter are followed.  It is the duty of the 
 82.24  licensed crematory to provide proper training for all unlicensed 
 82.25  personnel and the licensed crematory shall be strictly 
 82.26  accountable for compliance with this chapter and other 
 82.27  applicable state and federal regulations regarding occupational 
 82.28  and workplace health and safety. 
 82.29     Subd. 4.  [AUTHORIZATION TO CREMATE REQUIRED.] No crematory 
 82.30  shall cremate or cause to be cremated any dead human body 
 82.31  without receiving written authorization to do so from the person 
 82.32  who has the legal right to control disposition as described in 
 82.33  section 149A.80 or the person's legal designee.  The written 
 82.34  authorization must include: 
 82.35     (1) the name of the deceased and the date of death; 
 82.36     (2) a statement authorizing the crematory to cremate the 
 83.1   body; 
 83.2      (3) the name, address, relationship to the deceased, and 
 83.3   signature of the person with legal right to control final 
 83.4   disposition or a legal designee; 
 83.5      (4) certification that the body does not contain any 
 83.6   implanted mechanical or radioactive device, such as a heart 
 83.7   pacemaker, that may create a hazard when placed in the cremation 
 83.8   chamber; 
 83.9      (5) authorization to remove the body from the container in 
 83.10  which it was delivered, if that container is not appropriate for 
 83.11  cremation, and to place the body in an appropriate cremation 
 83.12  container and directions for the disposition of the original 
 83.13  container; 
 83.14     (6) authorization to open the cremation chamber and 
 83.15  reposition the body to facilitate a thorough cremation and to 
 83.16  remove from the cremation chamber and separate from the cremated 
 83.17  remains, any noncombustible materials or items; 
 83.18     (7) directions for the disposition of any noncombustible 
 83.19  materials or items recovered from the cremation chamber; 
 83.20     (8) acknowledgment that the cremated remains will be 
 83.21  mechanically reduced to a granulated appearance and placed in an 
 83.22  appropriate container and authorization to place any cremated 
 83.23  remains that a selected urn or container will not accommodate 
 83.24  into a temporary container; 
 83.25     (9) acknowledgment that, even with the exercise of 
 83.26  reasonable care, it is not possible to recover all particles of 
 83.27  the cremated remains and that some particles may inadvertently 
 83.28  become commingled with disintegrated chamber material and 
 83.29  particles of other cremated remains that remain in the cremation 
 83.30  chamber or other mechanical devices used to process the cremated 
 83.31  remains; and 
 83.32     (10) directions for the ultimate disposition of the 
 83.33  cremated remains. 
 83.34     Subd. 5.  [LIMITATION OF LIABILITY.] A licensed crematory 
 83.35  acting in good faith, with reasonable reliance upon an 
 83.36  authorization to cremate, pursuant to an authorization to 
 84.1   cremate, and in an otherwise lawful manner shall be held 
 84.2   harmless from civil liability and criminal prosecution for any 
 84.3   actions taken by the crematory. 
 84.4      Subd. 6.  [ACCEPTANCE OF DELIVERY OF BODY.] No dead human 
 84.5   body shall be accepted for disposition by cremation unless 
 84.6   encased in an appropriate cremation container or casket, 
 84.7   accompanied by a disposition permit issued pursuant to section 
 84.8   149A.93, subdivision 3, including a photocopy of the completed 
 84.9   death certificate or a signed release authorizing cremation of 
 84.10  the body received from the coroner or medical examiner, and 
 84.11  accompanied by a cremation authorization that complies with 
 84.12  subdivision 4.  A crematory may refuse to accept delivery of a 
 84.13  cremation container where there is: 
 84.14     (1) evidence of leakage of fluids from the body; 
 84.15     (2) a known dispute concerning cremation of the body 
 84.16  delivered; 
 84.17     (3) a reasonable basis for questioning any of the 
 84.18  representations made on the written authorization to cremate; or 
 84.19     (4) any other lawful reason. 
 84.20     Subd. 7.  [HANDLING OF DEAD HUMAN BODIES.] All crematory 
 84.21  employees handling dead human bodies shall use universal 
 84.22  precautions and otherwise exercise all reasonable precautions to 
 84.23  minimize the risk of transmitting any communicable disease from 
 84.24  the body.  No dead human body shall be removed from the 
 84.25  container in which it is delivered to the crematory without 
 84.26  express written authorization of the person with legal right to 
 84.27  control the disposition.  If, after accepting delivery of a body 
 84.28  for cremation, it is discovered that the body contains an 
 84.29  implanted mechanical or radioactive device, that device must be 
 84.30  removed from the body by a licensed mortician or physician prior 
 84.31  to cremation. 
 84.32     Subd. 8.  [IDENTIFICATION OF BODY.] All licensed 
 84.33  crematories shall develop, implement, and maintain an 
 84.34  identification procedure whereby dead human bodies can be 
 84.35  identified from the time the crematory accepts delivery of the 
 84.36  remains until the cremated remains are released to an authorized 
 85.1   party.  After cremation, an identifying disk, tab, or other 
 85.2   permanent label shall be placed within the cremated remains 
 85.3   container before the cremated remains are released from the 
 85.4   crematory.  Each identification disk, tab, or label shall have a 
 85.5   number that shall be recorded on all paperwork regarding the 
 85.6   decedent.  This procedure shall be designed to reasonably ensure 
 85.7   that the proper body is cremated and that the cremated remains 
 85.8   are returned to the appropriate party. 
 85.9      Subd. 9.  [CREMATION CHAMBER FOR HUMAN REMAINS.] A licensed 
 85.10  crematory shall knowingly cremate only dead human bodies or 
 85.11  human remains in a cremation chamber, along with the cremation 
 85.12  container or casket and a sheet or pouch used for disease 
 85.13  control. 
 85.14     Subd. 10.  [CREMATION PROCEDURES; PRIVACY.] The final 
 85.15  disposition of dead human bodies by cremation shall be done in 
 85.16  privacy.  Unless there is written authorization from the person 
 85.17  with the legal right to control the disposition, only authorized 
 85.18  crematory personnel shall be permitted in the cremation area 
 85.19  while any dead human body is in the cremation area awaiting 
 85.20  cremation, in the cremation chamber, being removed from the 
 85.21  cremation chamber, or being processed and placed in a cremated 
 85.22  remains container. 
 85.23     Subd. 11.  [CREMATION PROCEDURES; COMMINGLING OF REMAINS 
 85.24  PROHIBITED.] Except with the express written permission of the 
 85.25  person with legal right to control the disposition, no crematory 
 85.26  shall cremate more than one dead human body at the same time and 
 85.27  in the same cremation chamber, or introduce a second dead human 
 85.28  body into a cremation chamber until reasonable efforts have been 
 85.29  employed to remove all fragments of the preceding cremated 
 85.30  remains, or cremate a dead human body and other human remains at 
 85.31  the same time and in the same cremation chamber.  This section 
 85.32  does not apply where commingling of human remains during 
 85.33  cremation is otherwise provided by law.  The fact that there is 
 85.34  incidental and unavoidable residue in the cremation chamber used 
 85.35  in a prior cremation is not a violation of this subdivision. 
 85.36     Subd. 12.  [CREMATION PROCEDURES; REMOVAL FROM CREMATION 
 86.1   CHAMBER.] Upon completion of the heat and flame reduction 
 86.2   process, reasonable efforts shall be made to remove from the 
 86.3   cremation chamber all of the recoverable cremated human remains 
 86.4   and noncombustible materials or items.  If possible, the 
 86.5   noncombustible materials or items shall be separated from the 
 86.6   cremated human remains and disposed of, in any lawful manner, by 
 86.7   the crematory.  The cremated human remains shall be placed in an 
 86.8   appropriate container to be transported to the processing area. 
 86.9      Subd. 13.  [CREMATION PROCEDURES; COMMINGLING OF CREMATED 
 86.10  REMAINS PROHIBITED.] Except with the express written permission 
 86.11  of the person with legal right to control the disposition or 
 86.12  otherwise provided by law, no crematory shall mechanically 
 86.13  process the cremated human remains of more than one body at a 
 86.14  time in the same mechanical processor, or introduce the cremated 
 86.15  human remains of a second body into a mechanical processor until 
 86.16  processing of any preceding cremated human remains has been 
 86.17  terminated and reasonable efforts have been employed to remove 
 86.18  all fragments of the preceding cremated remains.  The fact that 
 86.19  there is incidental and unavoidable residue in the mechanical 
 86.20  processor or any container used in a prior cremation is not a 
 86.21  violation of this provision. 
 86.22     Subd. 14.  [CREMATION PROCEDURES; PROCESSING CREMATED 
 86.23  REMAINS.] The cremated human remains shall be reduced by a 
 86.24  motorized mechanical device to a granulated appearance 
 86.25  appropriate for final disposition and placed in a cremated 
 86.26  remains container along with the appropriate identifying disk, 
 86.27  tab, or label. 
 86.28     Subd. 15.  [CREMATION PROCEDURES; CONTAINER OF INSUFFICIENT 
 86.29  CAPACITY.] If a cremated remains container is of insufficient 
 86.30  capacity to accommodate all cremated remains of a given dead 
 86.31  human body, subject to directives provided in the written 
 86.32  authorization to cremate, the crematory shall place the excess 
 86.33  cremated remains in a secondary cremated remains container and 
 86.34  attach the second container, in a manner so as not to be easily 
 86.35  detached through incidental contact, to the primary cremated 
 86.36  remains container.  The secondary container shall contain a 
 87.1   duplicate of the identification disk, tab, or label that was 
 87.2   placed in the primary container and all paperwork regarding the 
 87.3   given body shall include a notation that the cremated remains 
 87.4   were placed in two containers. 
 87.5      Subd. 16.  [DISPOSITION PROCEDURES; COMMINGLING OF CREMATED 
 87.6   REMAINS PROHIBITED.] No cremated remains shall be disposed of or 
 87.7   scattered in a manner or in a location where the cremated 
 87.8   remains are commingled with those of another person without the 
 87.9   express written permission of the person with the legal right to 
 87.10  control disposition or as otherwise provided by law.  This 
 87.11  subdivision does not apply to the burial of cremated remains at 
 87.12  sea from individual containers, to the scattering or burial of 
 87.13  cremated remains in a dedicated cemetery, to the disposal in a 
 87.14  dedicated cemetery of accumulated residue removed from a 
 87.15  cremation chamber or other cremation equipment, to the inurnment 
 87.16  of members of the same family in a common container designed for 
 87.17  the cremated remains of more than one body, or to the inurnment 
 87.18  in a container or interment in a space that has been previously 
 87.19  designated, at the time of sale or purchase, as being intended 
 87.20  for the inurnment or interment of the cremated remains of more 
 87.21  than one person. 
 87.22     Subd. 17.  [CREMATION PROCEDURES; DISPOSITION OF 
 87.23  ACCUMULATED RESIDUE.] Every crematory shall provide for the 
 87.24  removal and disposition in a dedicated cemetery of any 
 87.25  accumulated residue from any cremation chamber, mechanical 
 87.26  processor, container, or other equipment used in cremation. 
 87.27  Disposition of accumulated residue shall be in accord with the 
 87.28  regulations of the dedicated cemetery and any applicable local 
 87.29  ordinances. 
 87.30     Subd. 18.  [CREMATION PROCEDURES; RELEASE OF CREMATED 
 87.31  REMAINS.] Following completion of the cremation, the inurned 
 87.32  cremated remains shall be released according to the instructions 
 87.33  given on the written authorization to cremate.  If the cremated 
 87.34  remains are to be shipped, they must be securely packaged and 
 87.35  transported by a method which has an internal tracing system 
 87.36  available and which provides for a receipt signed by the person 
 88.1   accepting delivery.  Where there is a dispute over release or 
 88.2   disposition of the cremated remains, a crematory may deposit the 
 88.3   cremated remains with a court of competent jurisdiction pending 
 88.4   resolution of the dispute or retain the cremated remains until 
 88.5   the person with the legal right to control disposition presents 
 88.6   satisfactory indication that the dispute is resolved. 
 88.7      Subd. 19.  [UNCLAIMED CREMATED REMAINS.] If, after 30 
 88.8   calendar days following the inurnment, the cremated remains are 
 88.9   not claimed or disposed of according to the written 
 88.10  authorization to cremate, the crematory or funeral establishment 
 88.11  shall give written notice, by certified mail, to the person with 
 88.12  the legal right to control the final disposition or a legal 
 88.13  designee, that the cremated remains are unclaimed and requesting 
 88.14  further release directions.  Should the cremated remains be 
 88.15  unclaimed 120 calendar days following the mailing of the written 
 88.16  notification, the crematory or funeral establishment may dispose 
 88.17  of the cremated remains in any lawful manner deemed appropriate. 
 88.18     Subd. 20.  [REQUIRED RECORDS.] Every crematory shall create 
 88.19  and maintain on its premises or other business location in 
 88.20  Minnesota an accurate record of every cremation provided.  The 
 88.21  record shall include all of the following information for each 
 88.22  cremation: 
 88.23     (1) the name of the person or funeral establishment 
 88.24  delivering the body for cremation; 
 88.25     (2) the name of the deceased and the identification number 
 88.26  assigned to the body; 
 88.27     (3) the date of acceptance of delivery; 
 88.28     (4) the names of the cremation chamber and mechanical 
 88.29  processor operator; 
 88.30     (5) the time and date that the body was placed in and 
 88.31  removed from the cremation chamber; 
 88.32     (6) the time and date that processing and inurnment of the 
 88.33  cremated remains was completed; 
 88.34     (7) the time, date, and manner of release of the cremated 
 88.35  remains; 
 88.36     (8) the name and address of the person who signed the 
 89.1   authorization to cremate; and 
 89.2      (9) all supporting documentation, including any transit or 
 89.3   disposition permits, a photocopy of the death certificate, and 
 89.4   the authorization to cremate. 
 89.5      Subd. 21.  [RETENTION OF RECORDS.] Records required under 
 89.6   subdivision 20 shall be maintained for a period of three 
 89.7   calendar years after the release of the cremated remains. 
 89.8   Following this period and subject to any other laws requiring 
 89.9   retention of records, the crematory may then place the records 
 89.10  in storage or reduce them to microfilm, microfiche, laser disc, 
 89.11  or any other method that can produce an accurate reproduction of 
 89.12  the original record, for retention for a period of ten calendar 
 89.13  years from the date of release of the cremated remains.  At the 
 89.14  end of this period and subject to any other laws requiring 
 89.15  retention of records, the crematory may destroy the records by 
 89.16  shredding, incineration, or any other manner that protects the 
 89.17  privacy of the individuals identified. 
 89.18     Sec. 42.  [149A.96] [DISINTERMENT AND REINTERMENT.] 
 89.19     Subdivision 1.  [WRITTEN AUTHORIZATION.] Except as provided 
 89.20  in this section, no dead human body or human remains shall be 
 89.21  disinterred and reinterred without the written authorization of 
 89.22  the person or persons legally entitled to control the body or 
 89.23  remains and a disinterment-transit-reinterment permit properly 
 89.24  issued by the local registrar or subregistrar.  Permits shall 
 89.25  contain the information required on the permit form as furnished 
 89.26  by the commissioner and shall be signed by the local registrar 
 89.27  or subregistrar and the person in legal custody of the body, 
 89.28  and, where appropriate, the mortician, intern, or practicum 
 89.29  student who embalmed the body, the person in charge of the 
 89.30  conveyance in which the body will be moved, or the person in 
 89.31  charge of the place of final disposition.  Where a funeral 
 89.32  establishment name is used in signing a permit, it must be 
 89.33  supported by the personal signature of a licensee employed by 
 89.34  the funeral establishment. 
 89.35     Subd. 2.  [INTERMENT DEFINED.] For purposes of this 
 89.36  section, "interment" means final disposition by burial or 
 90.1   entombment.  Bodies held in a receiving vault for nonwinter 
 90.2   burials pursuant to a directive from the person or persons with 
 90.3   legal right to control final disposition and section 306.99 
 90.4   shall not be considered interred for purposes of this section. 
 90.5      Subd. 3.  [EXCEPTION; MOVEMENT WITHIN A DEDICATED 
 90.6   CEMETERY.] The authorities in charge of a cemetery may disinter 
 90.7   and reinter a body or remains within the same dedicated cemetery 
 90.8   upon receipt of the written and notarized authorization of the 
 90.9   person or persons with the right to control the disposition as 
 90.10  described in section 149A.80. 
 90.11     Subd. 4.  [DISINTERMENT PROCEDURE; REMOVAL FROM DEDICATED 
 90.12  CEMETERY.] No dead human body or human remains shall be 
 90.13  disinterred and removed from a dedicated cemetery for 
 90.14  reinterment elsewhere without a written and notarized 
 90.15  authorization from the person or persons with the legal right to 
 90.16  control the disposition and a disinterment-transit-reinterment 
 90.17  permit issued by the local registrar or subregistrar.  The 
 90.18  person or persons requesting the disinterment and reinterment 
 90.19  must obtain a copy of the death certificate showing the manner 
 90.20  and location of final disposition.  The copy of the death 
 90.21  certificate along with written and notarized authorization to 
 90.22  disinter and reinter obtained from the person or persons with 
 90.23  legal right to control the body as expressed in section 149A.80, 
 90.24  and a written and notarized statement of the reasons for 
 90.25  requesting disinterment, the manner in which the body or remains 
 90.26  will be disinterred and transported, the location of 
 90.27  reinterment, and whether there are any known parties who oppose 
 90.28  the disinterment shall be submitted to the registrar or a 
 90.29  subregistrar in the registration district or county where the 
 90.30  body or remains are interred.  If the request for disinterment 
 90.31  is unopposed, the registrar or subregistrar shall issue a 
 90.32  disinterment-transit-reinterment permit.  If the disinterment is 
 90.33  opposed, no permit shall issue until the registrar or 
 90.34  subregistrar receives a certified copy of a court order showing 
 90.35  reasonable cause to disinter. 
 90.36     Subd. 5.  [REASONABLE CAUSE TO DISINTER; FACTORS TO BE 
 91.1   CONSIDERED.] A presumption against removal operates against 
 91.2   anyone who seeks to have a body or remains disinterred.  To 
 91.3   overcome the presumption, the party requesting disinterment must 
 91.4   show reasonable cause for disinterment.  A district court in the 
 91.5   district where the body or remains are interred shall consider 
 91.6   the following factors when deciding whether reasonable cause for 
 91.7   disinterment exists: 
 91.8      (1) the degree of relationship that the party seeking 
 91.9   disinterment bears to the body or remains; 
 91.10     (2) the degree of relationship that the party seeking to 
 91.11  prevent disinterment bears to the body or remains; 
 91.12     (3) if applicable, the expressed wishes of the decedent; 
 91.13     (4) the conduct of the party requesting disinterment, 
 91.14  especially as it may relate to the circumstances of the original 
 91.15  interment; 
 91.16     (5) the conduct of the party opposing disinterment, 
 91.17  especially as it may relate to the circumstances of the original 
 91.18  interment; 
 91.19     (6) the length of time that has elapsed since the original 
 91.20  interment; 
 91.21     (7) the strength of the reasons offered both in favor of 
 91.22  and in opposition to disinterment; and 
 91.23     (8) the integrity and capacity of the party seeking 
 91.24  disinterment to provide a secure and comparable resting place 
 91.25  for the body or remains. 
 91.26     Subd. 6.  [TRANSPORTATION OF DISINTERRED BODIES.] All 
 91.27  disinterred bodies or remains removed from a dedicated cemetery 
 91.28  shall be transported in an appropriate container and manner. 
 91.29     Subd. 7.  [FILING OF DOCUMENTATION OF DISINTERMENT AND 
 91.30  REINTERMENT.] The cemetery where the body or remains were 
 91.31  originally interred shall retain a copy of the 
 91.32  disinterment-transit-reinterment permit, the authorization to 
 91.33  disinter, the death certificate, and, if applicable, the court 
 91.34  order showing reasonable cause to disinter.  Until the body or 
 91.35  remains are reinterred the original permit and other 
 91.36  documentation shall be in the possession of the person in 
 92.1   physical or legal custody of the body or remains, or attached to 
 92.2   the transportation container which holds the body or remains.  
 92.3   At the time of reinterment, the permit and other documentation 
 92.4   shall be filed according to the laws, rules, or regulations of 
 92.5   the state or country where reinterment occurs.  Where the body 
 92.6   or remains are to be removed from a dedicated cemetery for 
 92.7   reinterment elsewhere, the authority issuing the 
 92.8   disinterment-transit-reinterment permit shall forward a 
 92.9   photocopy of the issued permit to the commissioner to be filed 
 92.10  with the original death certificate. 
 92.11     Subd. 8.  [OPENING OF DISINTERRED CASKETS OR ALTERNATIVE 
 92.12  CONTAINERS.] The opening of any disinterred casket or 
 92.13  alternative container is prohibited except when so ordered by a 
 92.14  court of competent jurisdiction. 
 92.15     Subd. 9.  [CREMATED REMAINS.] Subject to section 149A.95, 
 92.16  subdivision 16, inurnment of the cremated remains and release to 
 92.17  an appropriate party is considered final disposition and no 
 92.18  further permits or authorizations are required for disinterment, 
 92.19  transportation, or placement of the cremated remains. 
 92.20     Subd. 10.  [PENALTY FOR NONCOMPLIANCE.] In addition to any 
 92.21  disciplinary action or measures taken by the commissioner 
 92.22  pursuant to this chapter, any person violating this section may 
 92.23  be guilty of a felony pursuant to section 307.08, subdivision 2. 
 92.24     Sec. 43.  [149A.97] [PRENEED ARRANGEMENTS.] 
 92.25     Subdivision 1.  [PURPOSE AND INTENT.] It is the intent of 
 92.26  the legislature that this section be construed as a limitation 
 92.27  upon the manner in which a funeral provider is permitted to 
 92.28  accept funds in prepayment of funeral services to be performed 
 92.29  in the future or in prepayment of funeral or burial goods to be 
 92.30  used in connection with the final disposition of human remains. 
 92.31  It is further intended to allow members of the public to arrange 
 92.32  and pay for funerals, funeral services, funeral or burial goods, 
 92.33  or final dispositions for themselves and their families in 
 92.34  advance of need while at the same time providing all possible 
 92.35  safeguards so that the prepaid funds cannot be dissipated, 
 92.36  whether intentionally or not, so as to be available for the 
 93.1   payment of the services and goods selected. 
 93.2      Subd. 2.  [SCOPE AND REQUIREMENTS.] This section shall not 
 93.3   apply to any funeral goods purchased and delivered, either at 
 93.4   purchase or within a commercially reasonable amount of time 
 93.5   thereafter.  When prior to the death of any person, that person 
 93.6   or another, on behalf of that person, enters into any 
 93.7   transaction, makes a contract, or any series or combination of 
 93.8   transactions or contracts with a funeral provider lawfully doing 
 93.9   business in Minnesota, other than an insurance company licensed 
 93.10  to do business in Minnesota selling approved insurance or 
 93.11  annuity products, by the terms of which, goods or services 
 93.12  related to the final disposition of that person will be 
 93.13  furnished at-need, then the total of all money paid by the terms 
 93.14  of the transaction, contract, or series or combination of 
 93.15  transactions or contracts shall be held in trust for the purpose 
 93.16  for which it has been paid.  The person for whose benefit the 
 93.17  money was paid shall be known as the beneficiary, the person or 
 93.18  persons who paid the money shall be known as the purchaser, and 
 93.19  the funeral provider shall be known as the depositor. 
 93.20     Subd. 3.  [NATURE OF TRUST.] Except as provided in this 
 93.21  section, nothing in this section shall abate the rights, duties, 
 93.22  and powers granted under chapters 501B and 520.  A trust created 
 93.23  for the holding of preneed arrangement funds shall be revocable, 
 93.24  in its entirety, unless specifically limited by the person 
 93.25  purchasing the preneed funeral goods and or services.  If the 
 93.26  purchaser chooses to limit the revocability of the trust funds, 
 93.27  the limitation must be declared in the trust instrument and must 
 93.28  be limited to an amount equivalent to the allowable supplemental 
 93.29  security income asset exclusion used for determining eligibility 
 93.30  for public assistance at the time the trust is created.  
 93.31     Subd. 4.  [FREEDOM OF CHOICE; DESIGNATION OF TRUSTEE.] The 
 93.32  purchaser, regardless of whether the funds held in trust are 
 93.33  designated revocable or irrevocable, retains the right to 
 93.34  designate the trustee.  At any time prior to the death of the 
 93.35  beneficiary, the purchaser may designate a different trustee. 
 93.36  Upon the death of the beneficiary, subject to section 149A.80, 
 94.1   the rights of the purchaser vest in the individual with the 
 94.2   legal right to control the disposition of the remains of the 
 94.3   beneficiary.  The depositor as trustee shall not have the right 
 94.4   or power to designate another trustee prior to the death of the 
 94.5   beneficiary or subsequent to such death. 
 94.6      Subd. 5.  [DEPOSIT OF TRUST FUNDS AND DISCLOSURES.] Within 
 94.7   15 calendar days after receipt of any money required to be held 
 94.8   in trust, all of the money must be deposited in a banking 
 94.9   institution, savings or building and loan association, or credit 
 94.10  union, organized under state or federal laws, the accounts of 
 94.11  which are insured by an instrumentality of the federal 
 94.12  government.  The money must be carried in a separate account 
 94.13  with the name of the depositor and the purchaser as trustees for 
 94.14  the beneficiary.  The depositor as trustee shall not have power 
 94.15  to distribute funds, either principal or interest, from the 
 94.16  account until the death of the beneficiary, subject to section 
 94.17  149A.80.  For purposes of this section, distribute does not mean 
 94.18  transferring the trust funds to different investment accounts 
 94.19  within an institution or between institutions provided that the 
 94.20  depositor as trustee does not have sole access to the funds in a 
 94.21  negotiable form.  This section shall be construed to limit the 
 94.22  depositor's access to trust funds, in a negotiable form, prior 
 94.23  to the death of a beneficiary.  The preneed arrangements trust 
 94.24  shall be considered an asset of the purchaser until the death of 
 94.25  the beneficiary, whereupon the money shall be considered an 
 94.26  asset of the estate of the beneficiary, to the extent that the 
 94.27  value of the trust exceeds the actual value for the goods and 
 94.28  services provided at-need.  The location of the trust account, 
 94.29  including the name and address of the institution in which the 
 94.30  money is being held and any identifying account numbers, must be 
 94.31  disclosed in writing to the beneficiary by the depositor as 
 94.32  trustee at the time the money is deposited and when there are 
 94.33  any subsequent changes to the location of the trust account. 
 94.34     Subd. 6.  [DISBURSEMENT OF TRUST FUNDS.] The funds held in 
 94.35  trust, including principal and accrued interest, may be 
 94.36  distributed prior to the death of the beneficiary upon demand by 
 95.1   the purchaser to the extent that the trust is designated 
 95.2   revocable.  At the death of the beneficiary and with 
 95.3   satisfactory proof of death provided to the institution holding 
 95.4   the trust funds, the funds, including principal and accrued 
 95.5   interest, may be distributed by either the depositor as trustee 
 95.6   or the purchaser as trustee, subject to section 149A.80.  The 
 95.7   funds shall be distributed in their entirety, with no fees to be 
 95.8   retained by the trustees as administrative fees. The funds shall 
 95.9   be distributed for the payment of the actual at-need value of 
 95.10  the funeral goods and/or services selected with any excess funds 
 95.11  distributed to the estate of the decedent. 
 95.12     Subd. 7.  [REPORTS TO COMMISSIONER.] Every funeral provider 
 95.13  lawfully doing business in Minnesota that accepts funds under 
 95.14  subdivision 2 must make a complete annual report to the 
 95.15  commissioner.  The reports may be on forms provided by the 
 95.16  commissioner or substantially similar forms containing, at 
 95.17  least, identification and the state of each trust account, 
 95.18  including all transactions involving principal and accrued 
 95.19  interest, and must be filed by March 31 of the calendar year 
 95.20  following the reporting year along with a filing fee of $15 for 
 95.21  each report.  Fees shall be paid to the treasurer, state of 
 95.22  Minnesota, for deposit in the state government special revenue 
 95.23  fund in the state treasury.  Reports must be signed by an 
 95.24  authorized representative of the funeral provider and notarized 
 95.25  under oath.  All reports to the commissioner shall be reviewed 
 95.26  for account inaccuracies or possible violations of this 
 95.27  section.  If the commissioner has a reasonable belief to suspect 
 95.28  that there are account irregularities or possible violations of 
 95.29  this section, the commissioner shall report that belief, in a 
 95.30  timely manner, to the state auditor.  The commissioner shall 
 95.31  also file an annual letter with the state auditor disclosing 
 95.32  whether or not any irregularities or possible violations were 
 95.33  detected in review of the annual trust fund reports filed by the 
 95.34  funeral providers.  This letter shall be filed with the state 
 95.35  auditor by May 31 of the calendar year following the reporting 
 95.36  year. 
 96.1      Subd. 8.  [INVESTIGATIONS BY STATE AUDITOR.] Upon 
 96.2   notification from the county auditor or the commissioner of 
 96.3   health of indications of violations of this chapter, or upon 
 96.4   reliable written verification by any person, the state auditor 
 96.5   shall make an independent determination of whether a violation 
 96.6   of the provisions in this chapter is occurring or is about to 
 96.7   occur.  If the state auditor finds such evidence, the state 
 96.8   auditor shall conduct any examinations of accounts and records 
 96.9   of the entity that the state auditor considers the public 
 96.10  interest to demand and shall inform the appropriate agency of 
 96.11  any finding of misconduct.  The state auditor may require the 
 96.12  entity being examined to send all books, accounts, and vouchers 
 96.13  pertaining to the receipt, disbursement, and custody of funds to 
 96.14  the office of the state auditor for examination.  The person, 
 96.15  firm, partnership, association, or corporation examined under 
 96.16  this section by the state auditor shall reimburse the state 
 96.17  auditor for expenses incurred in conducting the examination 
 96.18  within 30 days after the state auditor submits its expenses.  
 96.19  Interest at the rate established in section 549.09 shall accrue 
 96.20  on the outstanding balance starting on the 31st day after the 
 96.21  state auditor's office submits its request for expenses. 
 96.22     Subd. 9.  [REQUIRED RECORDS.] Every funeral provider 
 96.23  lawfully doing business in Minnesota that accepts funds under 
 96.24  subdivision 2 must create and maintain on its premises or other 
 96.25  business location in Minnesota an accurate record of every trust 
 96.26  fund established with the funeral provider as trustee.  The 
 96.27  record must contain the following information: 
 96.28     (1) the names of the purchaser, beneficiary, and depositor; 
 96.29     (2) the date, location, identifying account numbers, and 
 96.30  amount of the funds originally deposited; 
 96.31     (3) any subsequent changes to the location of the account, 
 96.32  identifying account number, or trustee designation; 
 96.33     (4) the date, amount, and payee of any distributions from 
 96.34  the account; and 
 96.35     (5) all supporting documentation, including a copy of the 
 96.36  original trust agreement, copies of any contracts for the 
 97.1   purchase of preneed funeral goods and services, and any other 
 97.2   appropriate documentation. 
 97.3      Subd. 10.  [RETENTION OF RECORDS.] Records required under 
 97.4   subdivision 9 shall be maintained for a period of three calendar 
 97.5   years after the release of the trust funds.  Following this 
 97.6   period and subject to any other laws requiring retention of 
 97.7   records, the funeral provider may then place the records in 
 97.8   storage or reduce them to microfilm, microfiche, laser disc, or 
 97.9   any other method that can produce an accurate reproduction of 
 97.10  the original record, for retention for a period of ten calendar 
 97.11  years from the date of release of the trust funds.  At the end 
 97.12  of this period and subject to any other laws requiring retention 
 97.13  of records, the funeral provider may destroy the records by 
 97.14  shredding, incineration, or any other manner that protects the 
 97.15  privacy of the individuals identified. 
 97.16     Subd. 11.  [REPORT INFORMATION.] Unless the data is summary 
 97.17  data and does not provide any reasonable means for identifying 
 97.18  an individual that may be included in the data, data on 
 97.19  individuals collected and maintained under this section is 
 97.20  classified as private data pursuant to sections 13.10, 13.38, 
 97.21  13.39, and 13.41. 
 97.22     Subd. 12.  [PENALTIES.] Any violation of this section is 
 97.23  grounds for disciplinary action pursuant to sections 149A.04 to 
 97.24  149A.10. 
 97.25     Sec. 44.  Minnesota Statutes 1996, section 169.71, 
 97.26  subdivision 4, is amended to read: 
 97.27     Subd. 4.  [GLAZING MATERIALS; PROHIBITIONS AND EXCEPTIONS.] 
 97.28  No person shall drive or operate any motor vehicle required to 
 97.29  be registered in the state of Minnesota upon any street or 
 97.30  highway under the following conditions:  
 97.31     (a) when the windshield is composed of, covered by, or 
 97.32  treated with any material which has the effect of making the 
 97.33  windshield more reflective or in any other way reducing light 
 97.34  transmittance through the windshield; 
 97.35     (b) when any window on the vehicle is composed of, covered 
 97.36  by, or treated with any material that has a highly reflective or 
 98.1   mirrored appearance; 
 98.2      (c) when any side window or rear window is composed of or 
 98.3   treated with any material so as to obstruct or substantially 
 98.4   reduce the driver's clear view through the window or has a light 
 98.5   transmittance of less than 50 percent plus or minus three 
 98.6   percent in the visible light range or a luminous reflectance of 
 98.7   more than 20 percent plus or minus three percent; or 
 98.8      (d) when any material has been applied after August 1, 
 98.9   1985, to any motor vehicle window without an accompanying 
 98.10  permanent marking which indicates the percent of transmittance 
 98.11  and the percent of reflectance afforded by the material.  The 
 98.12  marking must be in a manner so as not to obscure vision and be 
 98.13  readable when installed on the vehicle.  
 98.14     This subdivision does not apply to glazing materials which: 
 98.15     (a) have not been modified since the original installation, 
 98.16  nor to original replacement windows and windshields, that were 
 98.17  originally installed or replaced in conformance with Federal 
 98.18  Motor Vehicle Safety Standard 205; 
 98.19     (b) are required to satisfy prescription or medical needs 
 98.20  of the driver of the vehicle or a passenger if the driver or 
 98.21  passenger is in possession of the prescription or a physician's 
 98.22  statement of medical need; or 
 98.23     (c) are applied to: 
 98.24     (1) the rear windows of a pickup truck as defined in 
 98.25  section 168.011, subdivision 29; 
 98.26     (2) the rear windows or the side windows on either side 
 98.27  behind the driver's seat of a van as defined in section 168.011, 
 98.28  subdivision 28; 
 98.29     (3) the side and rear windows of a vehicle used to 
 98.30  transport human remains by a funeral establishment holding a 
 98.31  permit license under section 149.08 149A.50; or 
 98.32     (4) the side and rear windows of a limousine as defined in 
 98.33  section 168.011, subdivision 35. 
 98.34     Sec. 45.  Minnesota Statutes 1996, section 524.1-201, is 
 98.35  amended to read: 
 98.36     524.1-201 [GENERAL DEFINITIONS.] 
 99.1      Subject to additional definitions contained in the 
 99.2   subsequent articles which are applicable to specific articles or 
 99.3   parts, and unless the context otherwise requires, in chapters 
 99.4   524 and 525: 
 99.5      (2) "Application" means a written request to the registrar 
 99.6   for an order of informal probate or appointment under article 
 99.7   III, part 3. 
 99.8      (3) "Beneficiary," as it relates to trust beneficiaries, 
 99.9   includes a person who has any present or future interest, vested 
 99.10  or contingent, and also includes the owner of an interest by 
 99.11  assignment or other transfer and as it relates to a charitable 
 99.12  trust, includes any person entitled to enforce the trust. 
 99.13     (5) "Child" includes any individual entitled to take as a 
 99.14  child under law by intestate succession from the parent whose 
 99.15  relationship is involved and excludes any person who is only a 
 99.16  stepchild, a foster child, a grandchild or any more remote 
 99.17  descendant. 
 99.18     (6) "Claims" includes liabilities of the decedent whether 
 99.19  arising in contract or otherwise and liabilities of the estate 
 99.20  which arise after the death of the decedent including funeral 
 99.21  expenses and expenses of administration.  The term does not 
 99.22  include taxes, demands or disputes regarding title of a decedent 
 99.23  to specific assets alleged to be included in the estate, tort 
 99.24  claims, foreclosure of mechanic's liens, or to actions pursuant 
 99.25  to section 573.02. 
 99.26     (7) "Court" means the court or branch having jurisdiction 
 99.27  in matters relating to the affairs of decedents.  This court in 
 99.28  this state is known as the district court. 
 99.29     (8) "Conservator" means a person who is appointed by a 
 99.30  court to manage the estate of a protected person.  
 99.31     (9) "Descendant" of an individual means all of the 
 99.32  individual's descendants of all generations, with the 
 99.33  relationship of parent and child at each generation being 
 99.34  determined by the definition of child and parent contained in 
 99.35  this section. 
 99.36     (10) "Devise," when used as a noun, means a testamentary 
100.1   disposition of real or personal property and when used as a 
100.2   verb, means to dispose of real or personal property by will. 
100.3      (11) "Devisee" means any person designated in a will to 
100.4   receive a devise.  In the case of a devise to an existing trust 
100.5   or trustee, or to a trustee on trust described by will, the 
100.6   trust or trustee is the devisee and the beneficiaries are not 
100.7   devisees. 
100.8      (12) "Disability" means cause for a protective order as 
100.9   described by section 525.54. 
100.10     (13) "Distributee" means any person who has received or who 
100.11  will receive property of a decedent from the decedent's personal 
100.12  representative other than as a creditor or purchaser.  A 
100.13  testamentary trustee is a distributee with respect to property 
100.14  which the trustee has received from a personal representative 
100.15  only to the extent of distributed assets or their increment 
100.16  remaining in the trustee's hands.  A beneficiary of a 
100.17  testamentary trust to whom the trustee has distributed property 
100.18  received from a personal representative is a distributee of the 
100.19  personal representative.  For purposes of this provision, 
100.20  "testamentary trustee" includes a trustee to whom assets are 
100.21  transferred by will, to the extent of the devised assets. 
100.22     (14) "Estate" includes all of the property of the decedent, 
100.23  trust, or other person whose affairs are subject to this chapter 
100.24  as originally constituted and as it exists from time to time 
100.25  during administration. 
100.26     (16) "Fiduciary" includes personal representative, 
100.27  guardian, conservator and trustee. 
100.28     (17) "Foreign personal representative" means a personal 
100.29  representative of another jurisdiction. 
100.30     (18) "Formal proceedings" means those conducted before a 
100.31  judge with notice to interested persons. 
100.32     (20) "Guardian" means a person who has qualified as a 
100.33  guardian of a minor or incapacitated person pursuant to 
100.34  testamentary or court appointment, but excludes one who is 
100.35  merely a guardian ad litem. 
100.36     (21) "Heirs" means those persons, including the surviving 
101.1   spouse, who are entitled under the statutes of intestate 
101.2   succession to the property of a decedent. 
101.3      (22) "Incapacitated person" is as described in section 
101.4   525.54, other than a minor. 
101.5      (23) "Informal proceedings" means those conducted by the 
101.6   judge, the registrar, or the person or persons designated by the 
101.7   judge for probate of a will or appointment of a personal 
101.8   representative in accordance with sections 524.3-301 to 
101.9   524.3-311. 
101.10     (24) "Interested person" includes heirs, devisees, 
101.11  children, spouses, creditors, beneficiaries and any others 
101.12  having a property right in or claim against the estate of a 
101.13  decedent, ward or protected person which may be affected by the 
101.14  proceeding.  It also includes persons having priority for 
101.15  appointment as personal representative, and other fiduciaries 
101.16  representing interested persons.  The meaning as it relates to 
101.17  particular persons may vary from time to time and must be 
101.18  determined according to the particular purposes of, and matter 
101.19  involved in, any proceeding. 
101.20     (27) "Lease" includes an oil, gas, or other mineral lease. 
101.21     (28) "Letters" includes letters testamentary, letters of 
101.22  guardianship, letters of administration, and letters of 
101.23  conservatorship. 
101.24     (30) "Mortgage" means any conveyance, agreement or 
101.25  arrangement in which property is used as security. 
101.26     (31) "Nonresident decedent" means a decedent who was 
101.27  domiciled in another jurisdiction at the time of death. 
101.28     (32) "Organization" includes a corporation, government or 
101.29  governmental subdivision or agency, business trust, estate, 
101.30  trust, partnership or association, two or more persons having a 
101.31  joint or common interest, or any other legal entity. 
101.32     (35) "Person" means an individual, a corporation, an 
101.33  organization, or other legal entity. 
101.34     (36) "Personal representative" includes executor, 
101.35  administrator, successor personal representative, special 
101.36  administrator, and persons who perform substantially the same 
102.1   function under the law governing their status.  "General 
102.2   personal representative" excludes special administrator. 
102.3      (37) "Petition" means a written request to the court for an 
102.4   order after notice. 
102.5      (38) "Proceeding" includes action at law and suit in equity.
102.6      (39) "Property" includes both real and personal property or 
102.7   any interest therein and means anything that may be the subject 
102.8   of ownership. 
102.9      (40) "Protected person" is as described in section 525.54, 
102.10  subdivision 1. 
102.11     (42) "Registrar" refers to the judge of the court or the 
102.12  person designated by the court to perform the functions of 
102.13  registrar as provided in section 524.1-307. 
102.14     (43) "Security" includes any note, stock, treasury stock, 
102.15  bond, debenture, evidence of indebtedness, certificate of 
102.16  interest or participation in an oil, gas or mining title or 
102.17  lease or in payments out of production under such a title or 
102.18  lease, collateral trust certificate, transferable share, voting 
102.19  trust certificate or, in general, any interest or instrument 
102.20  commonly known as a security, or any certificate of interest or 
102.21  participation, any temporary or interim certificate, receipt or 
102.22  certificate of deposit for, or any warrant or right to subscribe 
102.23  to or purchase, any of the foregoing. 
102.24     (44) "Settlement," in reference to a decedent's estate, 
102.25  includes the full process of administration, distribution and 
102.26  closing. 
102.27     (45) "Special administrator" means a personal 
102.28  representative as described by sections 524.3-614 to 524.3-618. 
102.29     (46) "State" includes any state of the United States, the 
102.30  District of Columbia, the Commonwealth of Puerto Rico, and any 
102.31  territory or possession subject to the legislative authority of 
102.32  the United States. 
102.33     (47) "Successor personal representative" means a personal 
102.34  representative, other than a special administrator, who is 
102.35  appointed to succeed a previously appointed personal 
102.36  representative. 
103.1      (48) "Successors" means those persons, other than 
103.2   creditors, who are entitled to property of a decedent under the 
103.3   decedent's will, this chapter or chapter 525.  "Successors" also 
103.4   means a funeral director or county government that provides the 
103.5   funeral and burial of the decedent. 
103.6      (49) "Supervised administration" refers to the proceedings 
103.7   described in sections 524.3-501 to 524.3-505. 
103.8      (51) "Testacy proceeding" means a proceeding to establish a 
103.9   will or determine intestacy. 
103.10     (53) "Trust" includes any express trust, private or 
103.11  charitable, with additions thereto, wherever and however 
103.12  created.  It also includes a trust created or determined by 
103.13  judgment or decree under which the trust is to be administered 
103.14  in the manner of an express trust.  "Trust" excludes other 
103.15  constructive trusts, and it excludes resulting trusts, 
103.16  conservatorships, personal representatives, trust accounts as 
103.17  defined in chapter 528, custodial arrangements pursuant to 
103.18  sections 149.11 to 149.14 149A.97, 318.01 to 318.06, 527.21 to 
103.19  527.44, business trusts providing for certificates to be issued 
103.20  to beneficiaries, common trust funds, voting trusts, security 
103.21  arrangements, liquidation trusts, and trusts for the primary 
103.22  purpose of paying debts, dividends, interest, salaries, wages, 
103.23  profits, pensions, or employee benefits of any kind, and any 
103.24  arrangement under which a person is nominee or escrowee for 
103.25  another. 
103.26     (54) "Trustee" includes an original, additional, or 
103.27  successor trustee, whether or not appointed or confirmed by 
103.28  court. 
103.29     (55) "Ward" is as described in section 525.54, subdivision 
103.30  1. 
103.31     (56) "Will" includes codicil and any testamentary 
103.32  instrument which merely appoints an executor or revokes or 
103.33  revises another will. 
103.34     Sec. 46.  [RULES; REPEAL, RETENTION, REVISOR'S 
103.35  INSTRUCTION.] 
103.36     Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700; 
104.1   4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 
104.2   4610.1300; 4610.1500; 4610.1550; 4610.1600; 4610.1700; 
104.3   4610.1800; 4610.1900; 4610.2000; 4610.2200; 4610.2300; 
104.4   4610.2400; 4610.2500; 4610.2600; and 4610.2700, are repealed.  
104.5   Notwithstanding Minnesota Statutes, section 14.05, Minnesota 
104.6   Rules, parts 4610.0420; 4610.0500; 4610.0600; 4610.0650; and 
104.7   4610.2800, are not repealed.  In Minnesota Rules, part 
104.8   4610.0500, the revisor shall change the citation "149.03, 
104.9   subdivision 2" to "149A.30," in part 4610.0600, the revisor 
104.10  shall change the citation "149" to "149A," and in part 
104.11  4610.2800, the revisor shall change the citation "4610.0200 to 
104.12  4610.0600" to "4610.0420 to 4610.0650." 
104.13     Sec. 47.  [REPEALER.] 
104.14     Minnesota Statutes 1996, sections 145.14; 145.15; 145.16; 
104.15  145.162; 145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 
104.16  149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 
104.17  149.14; and 149.15, are repealed.