SF 2587

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2023 08:23am

A bill for an act
relating to health; providing for cremation of identifiable body parts; amending
Minnesota Statutes 2022, section 149A.95, subdivisions 4, 6, 20, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2022, section 149A.95, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Identifiable body part. new text end

new text begin Except as otherwise specified in this section, the
requirements in this section that apply to the cremation of a dead human body shall also
apply to the cremation of an identifiable body part.
new text end

Sec. 2.

Minnesota Statutes 2022, section 149A.95, subdivision 4, is amended to read:

Subd. 4.

Authorization to cremate required.

No crematory shall cremate or cause to
be cremated any dead human body new text begin , new text end or new text begin any new text end identifiable body part new text begin if the person from whom
the body part was removed is deceased, new text end without receiving written authorization to do so
from the person or persons who have the legal right to control disposition as described in
section 149A.80 or the person's legal designee new text begin . No crematory shall cremate or cause to be
cremated an identifiable body part if the person from whom the identifiable body part was
removed is alive, without written authorization from the person from whom the body part
was removed or that person's legal designee new text end . The written authorization must include:

(1) the name of the deceased and the date of death new text begin or for an identifiable body part if the
person from whom the identifiable body part was removed is alive, the name of the person
from whom the body part was removed new text end ;

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

(3) the name, address, relationship to the deceased, and signature of the person or persons
with legal right to control final disposition or a legal designee new text begin ; or for an identifiable body
part if the person from whom the identifiable body part was removed is alive, the name,
address, and signature of the person from whom the body part was removed or the name,
address, and signature of that person's legal designee new text end ;

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

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

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

(7) directions for the disposition of any noncombustible materials or items recovered
from the cremation chamber;

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

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

(10) directions for the ultimate disposition of the cremated remains.

Sec. 3.

Minnesota Statutes 2022, section 149A.95, subdivision 6, is amended to read:

Subd. 6.

Acceptance of delivery of body.

new text begin (a) new text end No dead human body shall be accepted
for final disposition by cremation unless encased in an appropriate cremation container or
wrapped in an impermeable sheet or pouch and placed on a tray rigid enough for handling
with ease, accompanied by a disposition permit issued pursuant to section 149A.93,
subdivision 3, including a photocopy of the completed death record or a signed release
authorizing cremation of the body received from the coroner or medical examiner, and
accompanied by a cremation authorization that complies with subdivision 4. new text begin An identifiable
body part that was removed from a person who is alive and that is delivered to a crematory
for cremation:
new text end

new text begin (1) is not required to be accompanied by a disposition permit issued under section
149A.93, subdivision 3, a photocopy of the completed death record, or a signed release
from the coroner or medical examiner; and
new text end

new text begin (2) must be accompanied by a cremation authorization that complies with subdivision
4.
new text end

new text begin (b) new text end A crematory shall refuse to accept delivery of a cremation container where there is:

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

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

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

(4) any other lawful reason.

Sec. 4.

Minnesota Statutes 2022, section 149A.95, subdivision 20, is amended to read:

Subd. 20.

Required records.

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

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

(2) the name of the deceased and the identification number assigned to the body new text begin or for
an identifiable body part that was removed from a person who is alive, the name of the
person from whom the body part was removed, and the identification number assigned to
the identifiable body part new text end ;

(3) the date of acceptance of delivery;

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

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

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

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

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

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

(10) the type of cremation container.