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SF 3045

as introduced - 92nd Legislature (2021 - 2022) Posted on 07/27/2022 01:31pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to mortuary science; permitting the conversion of human remains to basic
elements using natural organic reduction; amending Minnesota Statutes 2020,
sections 149A.02, subdivisions 1a, 3, 9, 16, 23, 26a, 27, 30a, 32a, 34, 35, 37c, 41,
by adding subdivisions; 149A.03; 149A.54; 149A.55; 149A.65, subdivision 6;
149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions
3, 3a, 9; 149A.73, subdivisions 1, 2; 149A.74, subdivision 1; 149A.94, subdivisions
1, 4; 149A.941.

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

Section 1.

Minnesota Statutes 2020, section 149A.02, subdivision 1a, is amended to read:


Subd. 1a.

Alkaline hydrolysis.

"Alkaline hydrolysis" means the reduction of a dead
human body to essential elements through a water-based dissolution process using alkaline
chemicals, heat, agitation, and pressure to accelerate natural decomposition; the processing
of the hydrolyzed remains after removal from the alkaline hydrolysis vessel; placement of
the processed remains in a hydrolyzed remains container; and release of the hydrolyzed
remains to an appropriate party. Alkaline hydrolysis is a form of final disposition.new text begin Alkaline
hydrolysis does not include natural organic reduction or to naturally reduce human remains.
new text end

Sec. 2.

Minnesota Statutes 2020, section 149A.02, subdivision 3, is amended to read:


Subd. 3.

Arrangements for disposition.

"Arrangements for disposition" means any
action normally taken by a funeral provider in anticipation of or preparation for the
entombment, burial in a cemetery, alkaline hydrolysis, new text begin natural organic reduction, new text end or cremation
of a dead human body.

Sec. 3.

Minnesota Statutes 2020, section 149A.02, subdivision 9, is amended to read:


Subd. 9.

Cremation.

"Cremation" means the reduction of a dead human body to essential
elements through direct exposure to intense heat and flame and the repositioning or movement
of the body during the process to facilitate reduction, the processing of the remains after
removal from the cremation chamber, placement of the processed remains in a cremated
remains container, and release of the cremated remains to an appropriate party.new text begin Cremation
does not include natural organic reduction or to naturally reduce human remains.
new text end

Sec. 4.

Minnesota Statutes 2020, section 149A.02, subdivision 16, is amended to read:


Subd. 16.

Final disposition.

"Final disposition" means the acts leading to and the
entombment, burial in a cemetery, alkaline hydrolysis, new text begin organic natural reduction, new text end or cremation
of a dead human body.

Sec. 5.

Minnesota Statutes 2020, section 149A.02, subdivision 23, is amended to read:


Subd. 23.

Funeral services.

"Funeral services" means any services which may be used
to: (1) care for and prepare dead human bodies for burial, alkaline hydrolysis, new text begin organic natural
reduction,
new text end cremation, or other final disposition; and (2) arrange, supervise, or conduct the
funeral ceremony or the final disposition of dead human bodies.

Sec. 6.

Minnesota Statutes 2020, section 149A.02, subdivision 26a, is amended to read:


Subd. 26a.

Inurnment.

"Inurnment" means placing hydrolyzednew text begin , naturally reduced,new text end or
cremated remains in a hydrolyzednew text begin , naturally reduced,new text end or cremated remains container suitable
for placement, burial, or shipment.

Sec. 7.

Minnesota Statutes 2020, section 149A.02, subdivision 27, is amended to read:


Subd. 27.

Licensee.

"Licensee" means any person or entity that has been issued a license
to practice mortuary science, to operate a funeral establishment, to operate an alkaline
hydrolysis new text begin or natural organic reduction new text end facility, or to operate a crematory by the Minnesota
commissioner of health.

Sec. 8.

Minnesota Statutes 2020, section 149A.02, subdivision 30a, is amended to read:


Subd. 30a.

Niche.

"Niche" means a space in a columbarium used or intended to be used
for the placement of hydrolyzednew text begin , naturally reduced,new text end or cremated remains.

Sec. 9.

Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to
read:


new text begin Subd. 30b. new text end

new text begin Natural organic reduction. new text end

new text begin "Natural organic reduction" or "naturally reduce"
means the contained, accelerated conversion of human remains to soil.
new text end

Sec. 10.

Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision
to read:


new text begin Subd. 30c. new text end

new text begin Natural organic reduction facility. new text end

new text begin "Natural organic reduction facility"
means a structure, room, or other space in a building or real property where natural organic
reduction of a human body occurs.
new text end

Sec. 11.

Minnesota Statutes 2020, section 149A.02, subdivision 32a, is amended to read:


Subd. 32a.

Placement.

"Placement" means the placing of a container holding hydrolyzednew text begin ,
naturally reduced,
new text end or cremated remains in a crypt, vault, or niche.

Sec. 12.

Minnesota Statutes 2020, section 149A.02, subdivision 34, is amended to read:


Subd. 34.

Preparation of the body.

"Preparation of the body" means placement of the
body into an appropriate cremationnew text begin , natural organic reductionnew text end or alkaline hydrolysis container,
embalming of the body or such items of care as washing, disinfecting, shaving, positioning
of features, restorative procedures, application of cosmetics, dressing, and casketing.

Sec. 13.

Minnesota Statutes 2020, section 149A.02, subdivision 35, is amended to read:


Subd. 35.

Processing.

"Processing" means the removal of foreign objects, drying or
cooling, and the reduction of the hydrolyzednew text begin , naturally reduced,new text end or cremated remains by
mechanical means including, but not limited to, grinding, crushing, or pulverizing, to a
granulated appearance appropriate for final disposition.

Sec. 14.

Minnesota Statutes 2020, section 149A.02, subdivision 37c, is amended to read:


Subd. 37c.

Scattering.

"Scattering" means the authorized dispersal of hydrolyzednew text begin ,
naturally reduced,
new text end or cremated remains in a defined area of a dedicated cemetery or in areas
where no local prohibition exists provided that the hydrolyzed or cremated remains are not
distinguishable to the public, are not in a container, and that the person who has control
over disposition of the hydrolyzednew text begin , naturally reduced,new text end or cremated remains has obtained
written permission of the property owner or governing agency to scatter on the property.

Sec. 15.

Minnesota Statutes 2020, section 149A.02, subdivision 41, is amended to read:


Subd. 41.

Vault.

"Vault" means a space in a mausoleum of sufficient size, used or
intended to be used to entomb human remains, cremated remains, deleted text begin ordeleted text end hydrolyzed remainsnew text begin ,
or naturally reduced remains
new text end . Vault may also mean a sealed and lined casket enclosure.

Sec. 16.

Minnesota Statutes 2020, section 149A.03, is amended to read:


149A.03 DUTIES OF COMMISSIONER.

The commissioner shall:

(1) enforce all laws and adopt and enforce rules relating to the:

(i) removal, preparation, transportation, arrangements for disposition, and final disposition
of dead human bodies;

(ii) licensure and professional conduct of funeral directors, morticians, interns, practicum
students, and clinical students;

(iii) licensing and operation of a funeral establishment;

(iv) licensing and operation of an alkaline hydrolysis facility; deleted text begin and
deleted text end

(v) licensing and operation of a crematory;new text begin and
new text end

new text begin (vi) licensing and operation of a natural reduction facility;
new text end

(2) provide copies of the requirements for licensure and permits to all applicants;

(3) administer examinations and issue licenses and permits to qualified persons and other
legal entities;

(4) maintain a record of the name and location of all current licensees and interns;

(5) perform periodic compliance reviews and premise inspections of licensees;

(6) accept and investigate complaints relating to conduct governed by this chapter;

(7) maintain a record of all current preneed arrangement trust accounts;

(8) maintain a schedule of application, examination, permit, and licensure fees, initial
and renewal, sufficient to cover all necessary operating expenses;

(9) educate the public about the existence and content of the laws and rules for mortuary
science licensing and the removal, preparation, transportation, arrangements for disposition,
and final disposition of dead human bodies to enable consumers to file complaints against
licensees and others who may have violated those laws or rules;

(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science
in order to refine the standards for licensing and to improve the regulatory and enforcement
methods used; and

(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the
laws, rules, or procedures governing the practice of mortuary science and the removal,
preparation, transportation, arrangements for disposition, and final disposition of dead
human bodies.

Sec. 17.

Minnesota Statutes 2020, section 149A.54, is amended to read:


149A.54 LICENSE TO OPERATE AN ALKALINE HYDROLYSIS FACILITYnew text begin
OR NATURAL ORGANIC REDUCTION FACILITY
new text end .

Subdivision 1.

License requirement.

Except as provided in section 149A.01, subdivision
3, a place or premise shall not be maintained, managed, or operated which is devoted to or
used in the holding and alkaline hydrolysis new text begin or natural organic reduction new text end of a dead human
body without possessing a valid license to operate an alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility issued by the commissioner of health.

Subd. 2.

Requirements for an alkaline hydrolysis new text begin or natural organic reduction
new text end facility.

(a) An alkaline hydrolysisnew text begin or natural organic reductionnew text end facility licensed under this
section must consist of:

(1) a building or structure that complies with applicable local and state building codes,
zoning laws and ordinances, and wastewater management and environmental standards,
containing one or more alkaline hydrolysis new text begin or natural organic reduction new text end vessels for the
alkaline hydrolysisnew text begin or natural organic reductionnew text end of dead human bodies;

(2) a method approved by the commissioner of health to dry the hydrolyzed new text begin or naturally
reduced
new text end remains and which is located within the licensed facility;

(3) a means approved by the commissioner of health for refrigeration of dead human
bodies awaiting alkaline hydrolysisnew text begin or natural organic reductionnew text end ;

(4) an appropriate means of processing hydrolyzed new text begin or naturally reduced new text end remains to a
granulated appearance appropriate for final disposition; and

(5) an appropriate holding facility for dead human bodies awaiting alkaline hydrolysisnew text begin
or natural organic reduction
new text end .

(b) An alkaline hydrolysisnew text begin or natural organic reductionnew text end facility licensed under this section
may also contain a display room for funeral goods.

Subd. 3.

Application procedure; documentation; initial inspection.

An application
to license and operate an alkaline hydrolysisnew text begin or natural organic reductionnew text end facility shall be
submitted to the commissioner of health. A completed application includes:

(1) a completed application form, as provided by the commissioner;

(2) proof of business form and ownership;

(3) proof of liability insurance coverage or other financial documentation, as determined
by the commissioner, that demonstrates the applicant's ability to respond in damages for
liability arising from the ownership, maintenance management, or operation of an alkaline
hydrolysisnew text begin or natural organic reductionnew text end facility; and

(4) copies of wastewater and other environmental regulatory permits and environmental
regulatory licenses necessary to conduct operations.

Upon receipt of the application and appropriate fee, the commissioner shall review and
verify all information. Upon completion of the verification process and resolution of any
deficiencies in the application information, the commissioner shall conduct an initial
inspection of the premises to be licensed. After the inspection and resolution of any
deficiencies found and any reinspections as may be necessary, the commissioner shall make
a determination, based on all the information available, to grant or deny licensure. If the
commissioner's determination is to grant the license, the applicant shall be notified and the
license shall issue and remain valid for a period prescribed on the license, but not to exceed
one calendar year from the date of issuance of the license. If the commissioner's determination
is to deny the license, the commissioner must notify the applicant in writing of the denial
and provide the specific reason for denial.

Subd. 4.

Nontransferability of license.

A license to operate an alkaline hydrolysisnew text begin or
natural organic reduction
new text end facility is not assignable or transferable and shall not be valid for
any entity other than the one named. Each license issued to operate an alkaline hydrolysisnew text begin
or natural organic reduction
new text end facility is valid only for the location identified on the license.
A 50 percent or more change in ownership or location of the alkaline hydrolysisnew text begin or natural
organic reduction
new text end facility automatically terminates the license. Separate licenses shall be
required of two or more persons or other legal entities operating from the same location.

Subd. 5.

Display of license.

Each license to operate an alkaline hydrolysisnew text begin or natural
organic reduction
new text end facility must be conspicuously displayed in the alkaline hydrolysisnew text begin or
natural organic reduction
new text end facility at all times. Conspicuous display means in a location
where a member of the general public within the alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility is able to observe and read the license.

Subd. 6.

Period of licensure.

All licenses to operate an alkaline hydrolysisnew text begin or natural
organic reduction
new text end facility issued by the commissioner are valid for a period of one calendar
year beginning on July 1 and ending on June 30, regardless of the date of issuance.

Subd. 7.

Reporting changes in license information.

Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later
than 30 calendar days after the change occurs. Failure to report changes is grounds for
disciplinary action.

Subd. 8.

Notification to the commissioner.

If the licensee is operating under a
wastewater or an environmental permit or license that is subsequently revoked, denied, or
terminated, the licensee shall notify the commissioner.

Subd. 9.

Application information.

All information submitted to the commissioner for
a license to operate an alkaline hydrolysisnew text begin or natural organic reductionnew text end facility is classified
as licensing data under section 13.41, subdivision 5.

Sec. 18.

Minnesota Statutes 2020, section 149A.55, is amended to read:


149A.55 RENEWAL OF LICENSE TO OPERATE AN ALKALINE HYDROLYSISnew text begin
OR NATURAL ORGANIC REDUCTION
new text end FACILITY.

Subdivision 1.

Renewal required.

All licenses to operate an alkaline hydrolysisnew text begin or
natural organic reduction
new text end facility issued by the commissioner expire on June 30 following
the date of issuance of the license and must be renewed to remain valid.

Subd. 2.

Renewal procedure and documentation.

Licensees who wish to renew their
licenses must submit to the commissioner a completed renewal application no later than
June 30 following the date the license was issued. A completed renewal application includes:

(1) a completed renewal application form, as provided by the commissioner; and

(2) proof of liability insurance coverage or other financial documentation, as determined
by the commissioner, that demonstrates the applicant's ability to respond in damages for
liability arising from the ownership, maintenance, management, or operation of an alkaline
hydrolysisnew text begin or natural organic reductionnew text end facility.

Upon receipt of the completed renewal application, the commissioner shall review and
verify the information. Upon completion of the verification process and resolution of any
deficiencies in the renewal application information, the commissioner shall make a
determination, based on all the information available, to reissue or refuse to reissue the
license. If the commissioner's determination is to reissue the license, the applicant shall be
notified and the license shall issue and remain valid for a period prescribed on the license,
but not to exceed one calendar year from the date of issuance of the license. If the
commissioner's determination is to refuse to reissue the license, section 149A.09, subdivision
2, applies.

Subd. 3.

Penalty for late filing.

Renewal applications received after the expiration date
of a license will result in the assessment of a late filing penalty. The late filing penalty must
be paid before the reissuance of the license and received by the commissioner no later than
31 calendar days after the expiration date of the license.

Subd. 4.

Lapse of license.

Licenses to operate alkaline hydrolysisnew text begin or natural organic
reduction
new text end facilities shall automatically lapse when a completed renewal application is not
received by the commissioner within 31 calendar days after the expiration date of a license,
or a late filing penalty assessed under subdivision 3 is not received by the commissioner
within 31 calendar days after the expiration of a license.

Subd. 5.

Effect of lapse of license.

Upon the lapse of a license, the person to whom the
license was issued is no longer licensed to operate an alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility in Minnesota. The commissioner shall issue a cease and desist order to
prevent the lapsed license holder from operating an alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility in Minnesota and may pursue any additional lawful remedies as justified
by the case.

Subd. 6.

Restoration of lapsed license.

The commissioner may restore a lapsed license
upon receipt and review of a completed renewal application, receipt of the late filing penalty,
and reinspection of the premises, provided that the receipt is made within one calendar year
from the expiration date of the lapsed license and the cease and desist order issued by the
commissioner has not been violated. If a lapsed license is not restored within one calendar
year from the expiration date of the lapsed license, the holder of the lapsed license cannot
be relicensed until the requirements in section 149A.54 are met.

Subd. 7.

Reporting changes in license information.

Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later
than 30 calendar days after the change occurs. Failure to report changes is grounds for
disciplinary action.

Subd. 8.

Application information.

All information submitted to the commissioner by
an applicant for renewal of licensure to operate an alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility is classified as licensing data under section 13.41, subdivision 5.

Sec. 19.

Minnesota Statutes 2020, section 149A.65, subdivision 6, is amended to read:


Subd. 6.

Alkaline hydrolysisnew text begin or natural organic reductionnew text end facilities.

The initial and
renewal fee for an alkaline hydrolysisnew text begin or natural organic reductionnew text end facility is $425. The late
fee charge for a license renewal is $100.

Sec. 20.

Minnesota Statutes 2020, section 149A.70, subdivision 1, is amended to read:


Subdivision 1.

Use of titles.

Only a person holding a valid license to practice mortuary
science issued by the commissioner may use the title of mortician, funeral director, or any
other title implying that the licensee is engaged in the business or practice of mortuary
science. Only the holder of a valid license to operate an alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility issued by the commissioner may use the title of alkaline hydrolysis facility, new text begin
natural organic reduction facility,
new text end water cremation, water-reduction, biocremation,
green-cremation, resomation, dissolution, or any other title, word, or term implying that the
licensee operates an alkaline hydrolysisnew text begin or natural organic reductionnew text end facility. Only the holder
of a valid license to operate a funeral establishment issued by the commissioner may use
the title of funeral home, funeral chapel, funeral service, or any other title, word, or term
implying that the licensee is engaged in the business or practice of mortuary science. Only
the holder of a valid license to operate a crematory issued by the commissioner may use
the title of crematory, crematorium, green-cremation, or any other title, word, or term
implying that the licensee operates a crematory or crematorium.

Sec. 21.

Minnesota Statutes 2020, section 149A.70, subdivision 2, is amended to read:


Subd. 2.

Business location.

A funeral establishment, alkaline hydrolysis facility, new text begin natural
organic reduction facility,
new text end or crematory shall not do business in a location that is not licensed
as a funeral establishment, alkaline hydrolysis facility, new text begin natural organic reduction facility,
new text end or crematory and shall not advertise a service that is available from an unlicensed location.

Sec. 22.

Minnesota Statutes 2020, section 149A.70, subdivision 3, is amended to read:


Subd. 3.

Advertising.

No licensee, clinical student, practicum student, or intern shall
publish or disseminate false, misleading, or deceptive advertising. False, misleading, or
deceptive advertising includes, but is not limited to:

(1) identifying, by using the names or pictures of, persons who are not licensed to practice
mortuary science in a way that leads the public to believe that those persons will provide
mortuary science services;

(2) using any name other than the names under which the funeral establishment, alkaline
hydrolysis facility, new text begin natural organic reduction facility, new text end or crematory is known to or licensed
by the commissioner;

(3) using a surname not directly, actively, or presently associated with a licensed funeral
establishment, alkaline hydrolysis facility, new text begin natural organic reduction facility, new text end or crematory,
unless the surname had been previously and continuously used by the licensed funeral
establishment, alkaline hydrolysis facility,new text begin natural organic reduction facility,new text end or crematory;
and

(4) using a founding or establishing date or total years of service not directly or
continuously related to a name under which the funeral establishment, alkaline hydrolysis
facility, new text begin natural organic reduction facility, new text end or crematory is currently or was previously
licensed.

Any advertising or other printed material that contains the names or pictures of persons
affiliated with a funeral establishment, alkaline hydrolysis facility, new text begin natural organic reduction
facility,
new text end or crematory shall state the position held by the persons and shall identify each
person who is licensed or unlicensed under this chapter.

Sec. 23.

Minnesota Statutes 2020, section 149A.70, subdivision 5, is amended to read:


Subd. 5.

Reimbursement prohibited.

No licensee, clinical student, practicum student,
or intern shall offer, solicit, or accept a commission, fee, bonus, rebate, or other
reimbursement in consideration for recommending or causing a dead human body to be
disposed of by a specific body donation program, funeral establishment, alkaline hydrolysis
facility,new text begin natural organic reduction facility,new text end crematory, mausoleum, or cemetery.

Sec. 24.

Minnesota Statutes 2020, section 149A.71, subdivision 2, is amended to read:


Subd. 2.

Preventive requirements.

(a) To prevent unfair or deceptive acts or practices,
the requirements of this subdivision must be met.

(b) Funeral providers must tell persons who ask by telephone about the funeral provider's
offerings or prices any accurate information from the price lists described in paragraphs (c)
to (e) and any other readily available information that reasonably answers the questions
asked.

(c) Funeral providers must make available for viewing to people who inquire in person
about the offerings or prices of funeral goods or burial site goods, separate printed or
typewritten price lists using a ten-point font or larger. Each funeral provider must have a
separate price list for each of the following types of goods that are sold or offered for sale:

(1) caskets;

(2) alternative containers;

(3) outer burial containers;

(4) alkaline hydrolysis new text begin or natural organic reduction new text end containers;

(5) cremation containers;

(6) hydrolyzed new text begin or naturally reduced new text end remains containers;

(7) cremated remains containers;

(8) markers; and

(9) headstones.

(d) Each separate price list must contain the name of the funeral provider's place of
business, address, and telephone number and a caption describing the list as a price list for
one of the types of funeral goods or burial site goods described in paragraph (c), clauses
(1) to (9). The funeral provider must offer the list upon beginning discussion of, but in any
event before showing, the specific funeral goods or burial site goods and must provide a
photocopy of the price list, for retention, if so asked by the consumer. The list must contain,
at least, the retail prices of all the specific funeral goods and burial site goods offered which
do not require special ordering, enough information to identify each, and the effective date
for the price list. However, funeral providers are not required to make a specific price list
available if the funeral providers place the information required by this paragraph on the
general price list described in paragraph (e).

(e) Funeral providers must give a printed price list, for retention, to persons who inquire
in person about the funeral goods, funeral services, burial site goods, or burial site services
or prices offered by the funeral provider. The funeral provider must give the list upon
beginning discussion of either the prices of or the overall type of funeral service or disposition
or specific funeral goods, funeral services, burial site goods, or burial site services offered
by the provider. This requirement applies whether the discussion takes place in the funeral
establishment or elsewhere. However, when the deceased is removed for transportation to
the funeral establishment, an in-person request for authorization to embalm does not, by
itself, trigger the requirement to offer the general price list. If the provider, in making an
in-person request for authorization to embalm, discloses that embalming is not required by
law except in certain special cases, the provider is not required to offer the general price
list. Any other discussion during that time about prices or the selection of funeral goods,
funeral services, burial site goods, or burial site services triggers the requirement to give
the consumer a general price list. The general price list must contain the following
information:

(1) the name, address, and telephone number of the funeral provider's place of business;

(2) a caption describing the list as a "general price list";

(3) the effective date for the price list;

(4) the retail prices, in any order, expressed either as a flat fee or as the prices per hour,
mile, or other unit of computation, and other information described as follows:

(i) forwarding of remains to another funeral establishment, together with a list of the
services provided for any quoted price;

(ii) receiving remains from another funeral establishment, together with a list of the
services provided for any quoted price;

(iii) separate prices for each alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremation
offered by the funeral provider, with the price including an alternative container or alkaline
hydrolysisnew text begin , natural organic reduction,new text end or cremation container, any alkaline hydrolysisnew text begin , natural
organic reduction,
new text end or crematory charges, and a description of the services and container
included in the price, where applicable, and the price of alkaline hydrolysisnew text begin , natural organic
reduction,
new text end or cremation where the purchaser provides the container;

(iv) separate prices for each immediate burial offered by the funeral provider, including
a casket or alternative container, and a description of the services and container included
in that price, and the price of immediate burial where the purchaser provides the casket or
alternative container;

(v) transfer of remains to the funeral establishment or other location;

(vi) embalming;

(vii) other preparation of the body;

(viii) use of facilities, equipment, or staff for viewing;

(ix) use of facilities, equipment, or staff for funeral ceremony;

(x) use of facilities, equipment, or staff for memorial service;

(xi) use of equipment or staff for graveside service;

(xii) hearse or funeral coach;

(xiii) limousine; and

(xiv) separate prices for all cemetery-specific goods and services, including all goods
and services associated with interment and burial site goods and services and excluding
markers and headstones;

(5) the price range for the caskets offered by the funeral provider, together with the
statement "A complete price list will be provided at the funeral establishment or casket sale
location." or the prices of individual caskets, as disclosed in the manner described in
paragraphs (c) and (d);

(6) the price range for the alternative containers offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or
alternative container sale location." or the prices of individual alternative containers, as
disclosed in the manner described in paragraphs (c) and (d);

(7) the price range for the outer burial containers offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or
outer burial container sale location." or the prices of individual outer burial containers, as
disclosed in the manner described in paragraphs (c) and (d);

(8) the price range for the alkaline hydrolysis new text begin or natural organic reduction new text end container
offered by the funeral provider, together with the statement "A complete price list will be
provided at the funeral establishment or alkaline hydrolysis new text begin or natural organic reduction
new text end container sale location." or the prices of individual alkaline hydrolysis new text begin or natural organic
reduction
new text end containers, as disclosed in the manner described in paragraphs (c) and (d);

(9) the price range for the hydrolyzed new text begin or naturally reduced new text end remains container offered by
the funeral provider, together with the statement "A complete price list will be provided at
the funeral establishment or hydrolyzed new text begin or naturally reduced new text end remains container sale location."
or the prices of individual hydrolyzed new text begin or naturally reduced new text end remains deleted text begin containerdeleted text end new text begin containersnew text end ,
as disclosed in the manner described in paragraphs (c) and (d);

(10) the price range for the cremation containers offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or
cremation container sale location." or the prices of individual cremation containers, as
disclosed in the manner described in paragraphs (c) and (d);

(11) the price range for the cremated remains containers offered by the funeral provider,
together with the statement, "A complete price list will be provided at the funeral
establishment or cremated remains container sale location," or the prices of individual
cremation containers as disclosed in the manner described in paragraphs (c) and (d);

(12) the price for the basic services of funeral provider and staff, together with a list of
the principal basic services provided for any quoted price and, if the charge cannot be
declined by the purchaser, the statement "This fee for our basic services will be added to
the total cost of the funeral arrangements you select. (This fee is already included in our
charges for alkaline hydrolysis, new text begin natural organic reduction, new text end direct cremations, immediate
burials, and forwarding or receiving remains.)" If the charge cannot be declined by the
purchaser, the quoted price shall include all charges for the recovery of unallocated funeral
provider overhead, and funeral providers may include in the required disclosure the phrase
"and overhead" after the word "services." This services fee is the only funeral provider fee
for services, facilities, or unallocated overhead permitted by this subdivision to be
nondeclinable, unless otherwise required by law;

(13) the price range for the markers and headstones offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or marker or headstone sale location." or the prices of individual markers and
headstones, as disclosed in the manner described in paragraphs (c) and (d); and

(14) any package priced funerals offered must be listed in addition to and following the
information required in paragraph (e) and must clearly state the funeral goods and services
being offered, the price being charged for those goods and services, and the discounted
savings.

(f) Funeral providers must give an itemized written statement, for retention, to each
consumer who arranges an at-need funeral or other disposition of human remains at the
conclusion of the discussion of the arrangements. The itemized written statement must be
signed by the consumer selecting the goods and services as required in section 149A.80. If
the statement is provided by a funeral establishment, the statement must be signed by the
licensed funeral director or mortician planning the arrangements. If the statement is provided
by any other funeral provider, the statement must be signed by an authorized agent of the
funeral provider. The statement must list the funeral goods, funeral services, burial site
goods, or burial site services selected by that consumer and the prices to be paid for each
item, specifically itemized cash advance items (these prices must be given to the extent then
known or reasonably ascertainable if the prices are not known or reasonably ascertainable,
a good faith estimate shall be given and a written statement of the actual charges shall be
provided before the final bill is paid), and the total cost of goods and services selected. At
the conclusion of an at-need arrangement, the funeral provider is required to give the
consumer a copy of the signed itemized written contract that must contain the information
required in this paragraph.

(g) Upon receiving actual notice of the death of an individual with whom a funeral
provider has entered a preneed funeral agreement, the funeral provider must provide a copy
of all preneed funeral agreement documents to the person who controls final disposition of
the human remains or to the designee of the person controlling disposition. The person
controlling final disposition shall be provided with these documents at the time of the
person's first in-person contact with the funeral provider, if the first contact occurs in person
at a funeral establishment, alkaline hydrolysis new text begin or natural organic reduction new text end facility, crematory,
or other place of business of the funeral provider. If the contact occurs by other means or
at another location, the documents must be provided within 24 hours of the first contact.

Sec. 25.

Minnesota Statutes 2020, section 149A.71, subdivision 4, is amended to read:


Subd. 4.

Casket, alternate container, alkaline hydrolysis new text begin or natural organic reduction
new text end container, and cremation container sales; records; required disclosures.

Any funeral
provider who sells or offers to sell a casket, alternate container, alkaline hydrolysis new text begin or natural
organic reduction
new text end container, hydrolyzed new text begin or naturally reduced new text end remains container, cremation
container, or cremated remains container to the public must maintain a record of each sale
that includes the name of the purchaser, the purchaser's mailing address, the name of the
decedent, the date of the decedent's death, and the place of death. These records shall be
open to inspection by the regulatory agency. Any funeral provider selling a casket, alternate
container, or cremation container to the public, and not having charge of the final disposition
of the dead human body, shall provide a copy of the statutes and rules controlling the
removal, preparation, transportation, arrangements for disposition, and final disposition of
a dead human body. This subdivision does not apply to morticians, funeral directors, funeral
establishments, crematories, or wholesale distributors of caskets, alternate containers,
alkaline hydrolysis new text begin or natural organic reduction new text end containers, or cremation containers.

Sec. 26.

Minnesota Statutes 2020, section 149A.72, subdivision 3, is amended to read:


Subd. 3.

Casket for alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremation
provisions; deceptive acts or practices.

In selling or offering to sell funeral goods or
funeral services to the public, it is a deceptive act or practice for a funeral provider to
represent that a casket is required for alkaline hydrolysisnew text begin , natural organic reduction,new text end or
cremations by state or local law or otherwise.

Sec. 27.

Minnesota Statutes 2020, section 149A.72, subdivision 3a, is amended to read:


Subd. 3a.

Casket for alkaline hydrolysisnew text begin or natural organic reductionnew text end provision;
preventive measures.

To prevent deceptive acts or practices, funeral providers must place
the following disclosure in immediate conjunction with the prices shown for alkaline
hydrolysisnew text begin or natural organic reductionnew text end : "Minnesota law does not require you to purchase
a casket for alkaline hydrolysisnew text begin or natural organic reductionnew text end . If you want to arrange for
alkaline hydrolysisnew text begin or natural organic reductionnew text end , you can use an alkaline hydrolysis new text begin or natural
organic reduction
new text end container. An alkaline hydrolysisnew text begin or natural organic reductionnew text end container
is a hydrolyzable or biodegradable closed container or pouch resistant to leakage of bodily
fluids that encases the body and into which a dead human body is placed prior to insertion
into an alkaline hydrolysisnew text begin or natural organic reductionnew text end vessel. The containers we provide
are (specify containers provided)." This disclosure is required only if the funeral provider
arranges alkaline hydrolysisnew text begin or natural organic reductionnew text end .

Sec. 28.

Minnesota Statutes 2020, section 149A.72, subdivision 9, is amended to read:


Subd. 9.

Deceptive acts or practices.

In selling or offering to sell funeral goods, funeral
services, burial site goods, or burial site services to the public, it is a deceptive act or practice
for a funeral provider to represent that federal, state, or local laws, or particular cemeteries,
alkaline hydrolysis facilities, new text begin natural organic reduction facilities, new text end or crematories require the
purchase of any funeral goods, funeral services, burial site goods, or burial site services
when that is not the case.

Sec. 29.

Minnesota Statutes 2020, section 149A.73, subdivision 1, is amended to read:


Subdivision 1.

Casket for alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremation
provisions; deceptive acts or practices.

In selling or offering to sell funeral goods, funeral
services, burial site goods, or burial site services to the public, it is a deceptive act or practice
for a funeral provider to require that a casket be purchased for alkaline hydrolysisnew text begin , natural
organic reduction,
new text end or cremation.

Sec. 30.

Minnesota Statutes 2020, section 149A.73, subdivision 2, is amended to read:


Subd. 2.

Casket for alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremation;
preventive requirements.

To prevent unfair or deceptive acts or practices, if funeral
providers arrange for alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremations, they
must make an alkaline hydrolysis new text begin or natural organic reduction new text end container or cremation
container available for alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremations.

Sec. 31.

Minnesota Statutes 2020, section 149A.74, subdivision 1, is amended to read:


Subdivision 1.

Services provided without prior approval; deceptive acts or
practices.

In selling or offering to sell funeral goods or funeral services to the public, it is
a deceptive act or practice for any funeral provider to embalm a dead human body unless
state or local law or regulation requires embalming in the particular circumstances regardless
of any funeral choice which might be made, or prior approval for embalming has been
obtained from an individual legally authorized to make such a decision. In seeking approval
to embalm, the funeral provider must disclose that embalming is not required by law except
in certain circumstances; that a fee will be charged if a funeral is selected which requires
embalming, such as a funeral with viewing; and that no embalming fee will be charged if
the family selects a service which does not require embalming, such as direct alkaline
hydrolysis,new text begin direct natural organic reduction,new text end direct cremation, or immediate burial.

Sec. 32.

Minnesota Statutes 2020, section 149A.94, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Every dead human body lying within the state, except
unclaimed bodies delivered for dissection by the medical examiner, those delivered for
anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through
the state for the purpose of disposition elsewhere; and the remains of any dead human body
after dissection or anatomical study, shall be decently buried or entombed in a public or
private cemetery, alkaline hydrolyzed, new text begin naturally reduced, new text end or cremated within a reasonable
time after death. Where final disposition of a body will not be accomplished within 72 hours
following death or release of the body by a competent authority with jurisdiction over the
body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body
may not be kept in refrigeration for a period exceeding six calendar days, or packed in dry
ice for a period that exceeds four calendar days, from the time of death or release of the
body from the coroner or medical examiner.

Sec. 33.

Minnesota Statutes 2020, section 149A.94, subdivision 4, is amended to read:


Subd. 4.

Alkaline hydrolysisnew text begin , natural organic reduction,new text end or cremation.

Inurnment
of alkaline hydrolyzednew text begin , naturally reduced,new text end or cremated remains and release to an appropriate
party is considered final disposition and no further permits or authorizations are required
for transportation, interment, entombment, or placement of the deleted text begin cremateddeleted text end remains, except
as provided in section 149A.95, subdivision 16.

Sec. 34.

Minnesota Statutes 2020, section 149A.941, is amended to read:


149A.941 ALKALINE HYDROLYSIS new text begin AND NATURAL ORGANIC REDUCTION
new text end FACILITIES deleted text begin ANDdeleted text end new text begin ;new text end ALKALINE HYDROLYSISnew text begin AND NATURAL ORGANIC
REDUCTION
new text end .

Subdivision 1.

License required.

A dead human body may only be hydrolyzed new text begin or
naturally reduced
new text end in this state at an alkaline hydrolysis new text begin or natural organic reduction new text end facility
licensed by the commissioner of health.

Subd. 2.

General requirements.

Any building to be used as an alkaline hydrolysis new text begin or
natural organic reduction
new text end facility must comply with all applicable local and state building
codes, zoning laws and ordinances, wastewater management regulations, and environmental
statutes, rules, and standards. An alkaline hydrolysis new text begin or natural organic reduction new text end facility
must have, on site, a purpose built human alkaline hydrolysis new text begin or natural organic reduction
new text end system approved by the commissioner of health, a system approved by the commissioner
of health for drying the hydrolyzed remains, a motorized mechanical device approved by
the commissioner of health for processing hydrolyzednew text begin or naturally reducednew text end remains, and in
the building a holding facility approved by the commissioner of health for the retention of
dead human bodies awaiting alkaline hydrolysisnew text begin or natural organic reductionnew text end . The holding
facility must be secure from access by anyone except the authorized personnel of the alkaline
hydrolysis new text begin or natural organic reduction new text end facility, preserve the dignity of the remains, and
protect the health and safety of the alkaline hydrolysis new text begin or natural organic reduction new text end facility
personnel.

Subd. 3.

Lighting and ventilation.

The room where the alkaline hydrolysisnew text begin or natural
organic reduction
new text end vessel is located and the room where the chemical storage takes place
shall be properly lit and ventilated with an exhaust fan that provides at least 12 air changes
per hour.

Subd. 4.

Plumbing connections.

All plumbing fixtures, water supply lines, plumbing
vents, and waste drains shall be properly vented and connected pursuant to the Minnesota
Plumbing Code. The alkaline hydrolysisnew text begin or natural organic reductionnew text end facility shall be
equipped with a functional sink with hot and cold running water.

Subd. 5.

Flooring, walls, ceiling, doors, and windows.

The room where the alkaline
hydrolysisnew text begin or natural organic reductionnew text end vessel is located and the room where the chemical
storage takes place shall have nonporous flooring, so that a sanitary condition is provided.
The walls and ceiling of the room where the alkaline hydrolysis new text begin or natural organic reduction
new text end vessel is located and the room where the chemical storage takes place shall run from floor
to ceiling and be covered with tile, or by plaster or sheetrock painted with washable paint
or other appropriate material so that a sanitary condition is provided. The doors, walls,
ceiling, and windows shall be constructed to prevent odors from entering any other part of
the building. All windows or other openings to the outside must be screened, and all windows
must be treated in a manner that prevents viewing into the room where the alkaline hydrolysisnew text begin
or natural organic reduction
new text end vessel is located and the room where the chemical storage takes
place. A viewing window for authorized family members or their designees is not a violation
of this subdivision.

Subd. 6.

Equipment and supplies.

The alkaline hydrolysis facility must have a functional
emergency eye wash and quick drench shower.

Subd. 7.

Access and privacy.

(a) The room where the alkaline hydrolysisnew text begin or natural
organic reduction
new text end vessel is located and the room where the chemical storage takes place
must be private and have no general passageway through it. The room shall, at all times,
be secure from the entrance of unauthorized persons. Authorized persons are:

(1) licensed morticians;

(2) registered interns or students as described in section 149A.91, subdivision 6;

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

(4) trained alkaline hydrolysisnew text begin or natural organic reductionnew text end facility operators; and

(5) the person or persons with the right to control the dead human body as defined in
section 149A.80, subdivision 2, and their designees.

(b) Each door allowing ingress or egress shall carry a sign that indicates that the room
is private and access is limited. All authorized persons who are present in or enter the room
where the alkaline hydrolysisnew text begin or natural organic reductionnew text end vessel is located while a body is
being prepared for final disposition must be attired according to all applicable state and
federal regulations regarding the control of infectious disease and occupational and workplace
health and safety.

Subd. 8.

Sanitary conditions and permitted use.

The room where the alkaline hydrolysisnew text begin
or natural organic reduction
new text end vessel is located and the room where the chemical storage takes
place and all fixtures, equipment, instruments, receptacles, clothing, and other appliances
or supplies stored or used in the room must be maintained in a clean and sanitary condition
at all times.

Subd. 9.

Boiler use.

When a boiler is required by the manufacturer of the alkaline
hydrolysisnew text begin or natural organic reductionnew text end vessel for its operation, all state and local regulations
for that boiler must be followed.

Subd. 10.

Occupational and workplace safety.

All applicable provisions of state and
federal regulations regarding exposure to workplace hazards and accidents shall be followed
in order to protect the health and safety of all authorized persons at the alkaline hydrolysisnew text begin
or natural organic reduction
new text end facility.

Subd. 11.

Licensed personnel.

A licensed alkaline hydrolysisnew text begin or natural organic reductionnew text end
facility must employ a licensed mortician to carry out the process of alkaline hydrolysisnew text begin or
natural organic reduction
new text end of a dead human body. It is the duty of the licensed alkaline
hydrolysisnew text begin or natural organic reductionnew text end facility to provide proper procedures for all personnel,
and the licensed alkaline hydrolysisnew text begin or natural organic reductionnew text end facility shall be strictly
accountable for compliance with this chapter and other applicable state and federal regulations
regarding occupational and workplace health and safety.

Subd. 12.

Authorization to hydrolyze new text begin or naturally reduce new text end required.

No alkaline
hydrolysisnew text begin or natural organic reductionnew text end facility shall hydrolyzenew text begin , naturally reducenew text end or cause
to be hydrolyzed new text begin or naturally reduced new text end any dead human body or identifiable body part without
receiving written authorization to do so from the person or persons who have the legal right
to control disposition as described in section 149A.80 or the person's legal designee. The
written authorization must include:

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

(2) a statement authorizing the alkaline hydrolysisnew text begin or natural organic reductionnew text end facility
to hydrolyze new text begin or naturally reduce new text end the body;

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

(4) directions for the disposition of any nonhydrolyzednew text begin or naturally reducednew text end materials
or items recovered from the alkaline hydrolysisnew text begin or natural organic reductionnew text end vessel;

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

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

(7) directions for the ultimate disposition of the hydrolyzed new text begin or naturally reduced new text end remains;
and

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

Subd. 13.

Limitation of liability.

A licensed alkaline hydrolysisnew text begin or natural organic
reduction
new text end facility acting in good faith, with reasonable reliance upon an authorization to
hydrolyzenew text begin or naturally reducenew text end , pursuant to an authorization to hydrolyze new text begin or naturally reduce
new text end and in an otherwise lawful manner, shall be held harmless from civil liability and criminal
prosecution for any actions taken by the alkaline hydrolysisnew text begin or natural organic reductionnew text end
facility.

Subd. 14.

Acceptance of delivery of body.

(a) No dead human body shall be accepted
for final disposition by alkaline hydrolysisnew text begin or natural organic reductionnew text end unless:

(1) encased in an appropriate alkaline hydrolysisnew text begin or natural organic reductionnew text end container;

(2) 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
alkaline hydrolysisnew text begin or natural organic reductionnew text end of the body received from the coroner or
medical examiner; and

(3) accompanied by an alkaline hydrolysisnew text begin or natural organic reductionnew text end authorization
that complies with subdivision 12.

(b) An alkaline hydrolysisnew text begin or natural organic reductionnew text end facility shall refuse to accept
delivery of an alkaline hydrolysis container where there is:

(1) evidence of leakage of fluids from the alkaline hydrolysisnew text begin or natural organic reductionnew text end
container;

(2) a known dispute concerning hydrolysis new text begin or natural organic reduction new text end of the body
delivered;

(3) a reasonable basis for questioning any of the representations made on the written
authorization to hydrolyzenew text begin or naturally reducenew text end ; or

(4) any other lawful reason.

Subd. 15.

Bodies awaiting hydrolysis.

A dead human body must be hydrolyzed within
24 hours of the alkaline hydrolysis facility accepting legal and physical custody of the body.

Subd. 16.

Handling of alkaline hydrolysisnew text begin or natural organic reductionnew text end containers
for dead human bodies.

All alkaline hydrolysisnew text begin or natural organic reductionnew text end facility
employees handling alkaline hydrolysisnew text begin or natural organic reductionnew text end containers for dead
human bodies shall use universal precautions and otherwise exercise all reasonable
precautions to minimize the risk of transmitting any communicable disease from the body.
No dead human body shall be removed from the container in which it is delivered.

Subd. 17.

Identification of body.

All licensed alkaline hydrolysisnew text begin or natural organic
reduction
new text end facilities shall develop, implement, and maintain an identification procedure
whereby dead human bodies can be identified from the time the alkaline hydrolysisnew text begin or
natural organic reduction
new text end facility accepts delivery of the remains until the deleted text begin hydrolyzeddeleted text end remains
are released to an authorized party. After hydrolyzationnew text begin or natural organic reductionnew text end , an
identifying disk, tab, or other permanent label shall be placed within the deleted text begin hydrolyzeddeleted text end remains
container before the deleted text begin hydrolyzeddeleted text end remains are released from the alkaline hydrolysisnew text begin or natural
organic reduction
new text end facility. Each identification disk, tab, or label shall have a number that
shall be recorded on all paperwork regarding the decedent. This procedure shall be designed
to reasonably ensure that the proper body is hydrolyzed new text begin or naturally reduced new text end and that the
deleted text begin hydrolyzeddeleted text end remains are returned to the appropriate party. Loss of all or part of the deleted text begin hydrolyzeddeleted text end
remains or the inability to individually identify the deleted text begin hydrolyzeddeleted text end remains is a violation of this
subdivision.

Subd. 18.

Alkaline hydrolysis vessel for human remains.

A licensed alkaline hydrolysisnew text begin
or natural organic reduction
new text end facility shall knowingly hydrolyzenew text begin or naturally reducenew text end only
dead human bodies or human remains in an alkaline hydrolysisnew text begin or natural organic reductionnew text end
vessel, along with the alkaline hydrolysisnew text begin or natural organic reductionnew text end container used for
infectious disease control.

Subd. 19.

Alkaline hydrolysisnew text begin or natural organic reductionnew text end procedures; privacy.

The
final disposition of dead human bodies by alkaline hydrolysisnew text begin or natural organic reductionnew text end
shall be done in privacy. Unless there is written authorization from the person with the legal
right to control the disposition, only authorized deleted text begin alkaline hydrolysisdeleted text end facility personnel shall
be permitted in the alkaline hydrolysisnew text begin or natural organic reductionnew text end area while any dead
human body is deleted text begin in the alkaline hydrolysis areadeleted text end awaiting alkaline hydrolysisnew text begin or natural organic
reduction
new text end , in the deleted text begin alkaline hydrolysisdeleted text end vessel, being removed from the deleted text begin alkaline hydrolysisdeleted text end
vessel, or being processed and placed in a deleted text begin hydrolyzeddeleted text end remains container.

Subd. 20.

Alkaline hydrolysisnew text begin or natural organic reductionnew text end procedures; commingling
of deleted text begin hydrolyzeddeleted text end remains prohibited.

Except with the express written permission of the
person with the legal right to control the disposition, no alkaline hydrolysis new text begin or natural organic
reduction
new text end facility shall hydrolyzenew text begin or naturally reducenew text end more than one dead human body at
the same time and in the same deleted text begin alkaline hydrolysisdeleted text end vessel, or introduce a second dead human
body into deleted text begin an alkaline hydrolysisdeleted text end new text begin anew text end vessel until reasonable efforts have been employed to
remove all fragments of the preceding deleted text begin hydrolyzeddeleted text end remains, or hydrolyze new text begin or naturally reduce
new text end a dead human body and other human remains at the same time and in the same deleted text begin alkaline
hydrolysis
deleted text end vessel. This section does not apply where commingling of human remains during
alkaline hydrolysisnew text begin or natural organic reductionnew text end is otherwise provided by law. The fact that
there is incidental and unavoidable residue in the deleted text begin alkaline hydrolysisdeleted text end vessel used in a prior
hydrolyzationnew text begin or natural organic reductionnew text end is not a violation of this subdivision.

Subd. 21.

Alkaline hydrolysis new text begin or natural organic reduction new text end procedures; removal
from deleted text begin alkaline hydrolysisdeleted text end vessel.

Upon completion of the alkaline hydrolysisnew text begin or natural
organic reduction
new text end process, reasonable efforts shall be made to remove from the deleted text begin alkaline
hydrolysis
deleted text end vessel all of the recoverable deleted text begin hydrolyzeddeleted text end remains and deleted text begin nonhydrolyzeddeleted text end materials
or items. Further, all reasonable efforts shall be made to separate and recover the
nonhydrolyzed materials or items from the hydrolyzed human remains and dispose of these
materials in a lawful manner, by the alkaline hydrolysis facility. The deleted text begin hydrolyzeddeleted text end human
remains shall be placed in an appropriate container to be transported to the processing area.

Subd. 22.

Drying device or mechanical processor procedures; commingling of
deleted text begin hydrolyzeddeleted text end remains prohibited.

Except with the express written permission of the person
with the legal right to control the final disposition or otherwise provided by law, no alkaline
hydrolysisnew text begin or natural organic reductionnew text end facility shall dry or mechanically process the
deleted text begin hydrolyzeddeleted text end human remains of more than one body at a time in the same drying device or
mechanical processor, or introduce the deleted text begin hydrolyzeddeleted text end human remains of a second body into a
drying device or mechanical processor until processing of any preceding deleted text begin hydrolyzeddeleted text end human
remains has been terminated and reasonable efforts have been employed to remove all
fragments of the preceding deleted text begin hydrolyzeddeleted text end remains. The fact that there is incidental and
unavoidable residue in the drying device, the mechanical processor, or any container used
in a prior alkaline hydrolysisnew text begin or natural organic reductionnew text end process, is not a violation of this
provision.

Subd. 23.

Alkaline hydrolysisnew text begin or natural organic reductionnew text end procedures; processing
deleted text begin hydrolyzeddeleted text end remains.

The deleted text begin hydrolyzeddeleted text end human remains shall be dried and then reduced by
a motorized mechanical device to a granulated appearance appropriate for final disposition
and placed in an alkaline hydrolysis new text begin or natural organic reduction new text end remains container along
with the appropriate identifying disk, tab, or permanent label. Processing must take place
within the licensed alkaline hydrolysis facilitynew text begin or natural organic reduction facilitynew text end . Dental
gold, silver or amalgam, jewelry, or mementos, to the extent that they can be identified,
may be removed prior to processing the hydrolyzed new text begin or naturally reduced new text end remains, only by
staff licensed or registered by the commissioner of health; however, any dental gold and
silver, jewelry, or mementos that are removed shall be returned to the deleted text begin hydrolyzeddeleted text end remains
container unless otherwise directed by the person or persons having the right to control the
final disposition. Every person who removes or possesses dental gold or silver, jewelry, or
mementos from any deleted text begin hydrolyzeddeleted text end remains without specific written permission of the person
or persons having the right to control those remains is guilty of a misdemeanor. The fact
that residue and any unavoidable dental gold or dental silver, or other precious metals remain
in the deleted text begin alkaline hydrolysisdeleted text end vessel or other equipment or any container used in a prior hydrolysis
new text begin or natural organic reduction new text end is not a violation of this section.

Subd. 24.

Alkaline hydrolysis new text begin or natural organic reduction new text end procedures; container
of insufficient capacity.

If a hydrolyzednew text begin or natural organic reductionnew text end remains container is
of insufficient capacity to accommodate all deleted text begin hydrolyzeddeleted text end remains of a given dead human
body, subject to directives provided in the written authorization to hydrolyzenew text begin or naturally
reduce
new text end , the alkaline hydrolysisnew text begin or natural organic reductionnew text end facility shall place the excess
deleted text begin hydrolyzeddeleted text end remains in a secondary deleted text begin alkaline hydrolysisdeleted text end remains container and attach the
second container, in a manner so as not to be easily detached through incidental contact, to
the primary deleted text begin alkaline hydrolysisdeleted text end remains container. The secondary container shall contain a
duplicate of the identification disk, tab, or permanent label that was placed in the primary
container and all paperwork regarding the given body shall include a notation that the
deleted text begin hydrolyzeddeleted text end remains were placed in two containers. Keepsake jewelry or similar miniature
deleted text begin hydrolyzeddeleted text end remains containers are not subject to the requirements of this subdivision.

Subd. 25.

Disposition procedures; commingling of hydrolyzednew text begin or naturally reducednew text end
remains prohibited.

No hydrolyzed new text begin or naturally reduced new text end remains shall be disposed of or
scattered in a manner or in a location where the deleted text begin hydrolyzeddeleted text end remains are commingled with
those of another person without the express written permission of the person with the legal
right to control disposition or as otherwise provided by law. This subdivision does not apply
to the scattering or burial of deleted text begin hydrolyzeddeleted text end remains at sea or in a body of water from individual
containers, to the scattering or burial of deleted text begin hydrolyzeddeleted text end remains in a dedicated cemetery, to the
disposal in a dedicated cemetery of accumulated residue removed from an alkaline hydrolysisnew text begin
or natural organic reduction
new text end vessel or other deleted text begin alkaline hydrolysisdeleted text end equipment, to the inurnment
of members of the same family in a common container designed for the deleted text begin hydrolyzeddeleted text end remains
of more than one body, or to the inurnment in a container or interment in a space that has
been previously designated, at the time of sale or purchase, as being intended for the
inurnment or interment of the deleted text begin hydrolyzeddeleted text end remains of more than one person.

Subd. 26.

Alkaline hydrolysis new text begin or natural organic reduction new text end procedures; disposition
of accumulated residue.

Every alkaline hydrolysis new text begin or natural organic reduction new text end facility
shall provide for the removal and disposition in a dedicated cemetery of any accumulated
residue from any alkaline hydrolysis new text begin or natural organic reduction new text end vessel, drying device,
mechanical processor, container, or other equipment used in alkaline hydrolysisnew text begin or natural
organic reduction
new text end . Disposition of accumulated residue shall be according to the regulations
of the dedicated cemetery and any applicable local ordinances.

Subd. 27.

Alkaline hydrolysis new text begin or natural organic reduction new text end procedures; release of
deleted text begin hydrolyzeddeleted text end remains.

Following completion of the hydrolyzationnew text begin or natural organic reductionnew text end ,
the inurned deleted text begin hydrolyzeddeleted text end remains shall be released according to the instructions given on the
written authorization to hydrolyzenew text begin or naturally reducenew text end . If the deleted text begin hydrolyzeddeleted text end remains are to be
shipped, they must be securely packaged and transported by a method which has an internal
tracing system available and which provides for a receipt signed by the person accepting
delivery. Where there is a dispute over release or disposition of the deleted text begin hydrolyzeddeleted text end remains, an
alkaline hydrolysis new text begin or natural organic reduction new text end facility may deposit the deleted text begin hydrolyzeddeleted text end remains
with a court of competent jurisdiction pending resolution of the dispute or retain the
deleted text begin hydrolyzeddeleted text end remains until the person with the legal right to control disposition presents
satisfactory indication that the dispute is resolved.

Subd. 28.

Unclaimed deleted text begin hydrolyzeddeleted text end remains.

If, after 30 calendar days following the
inurnment, the deleted text begin hydrolyzeddeleted text end remains are not claimed or disposed of according to the written
authorization to hydrolyzenew text begin or naturally reducenew text end , the alkaline hydrolysis new text begin or natural organic
reduction
new text end facility or funeral establishment may give written notice, by certified mail, to the
person with the legal right to control the final disposition or a legal designee, that the
deleted text begin hydrolyzeddeleted text end remains are unclaimed and requesting further release directions. Should the
deleted text begin hydrolyzeddeleted text end remains be unclaimed 120 calendar days following the mailing of the written
notification, the alkaline hydrolysis new text begin or natural organic reduction new text end facility or funeral
establishment may dispose of the deleted text begin hydrolyzeddeleted text end remains in any lawful manner deemed
appropriate.

Subd. 29.

Required records.

Every alkaline hydrolysis new text begin or natural organic reduction
new text end facility shall create and maintain on its premises or other business location in Minnesota an
accurate record of every hydrolyzation new text begin or natural organic reduction new text end provided. The record
shall include all of the following information for each hydrolyzationnew text begin or natural organic
reduction
new text end :

(1) the name of the person or funeral establishment delivering the body for alkaline
hydrolysisnew text begin or natural organic reductionnew text end ;

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

(3) the date of acceptance of delivery;

(4) the names of the alkaline hydrolysis new text begin or natural organic reduction new text end vessel, drying
device, and mechanical processor operatornew text begin , if applicablenew text end ;

(5) the time and date that the body was placed in and new text begin the remains new text end removed from the
alkaline hydrolysis new text begin or natural organic reduction new text end vessel;

(6) the time and date that processing and inurnment of the deleted text begin hydrolyzeddeleted text end remains was
completed;

(7) the time, date, and manner of release of the deleted text begin hydrolyzeddeleted text end remains;

(8) the name and address of the person who signed the authorization to hydrolyzenew text begin or
naturally reduce
new text end ;

(9) all supporting documentation, including any transit or disposition permits, a photocopy
of the death record, and the authorization to hydrolyzenew text begin or naturally reducenew text end ; and

(10) the type of alkaline hydrolysis new text begin or natural organic reduction new text end container.

Subd. 30.

Retention of records.

Records required under subdivision 29 shall be
maintained for a period of three calendar years after the release of the deleted text begin hydrolyzeddeleted text end remains.
Following this period and subject to any other laws requiring retention of records, the
alkaline hydrolysis new text begin or natural organic reduction new text end facility may then place the records in storage
or reduce them to microfilm, microfiche, laser disc, or any other method that can produce
an accurate reproduction of the original record, for retention for a period of ten calendar
years from the date of release of the deleted text begin hydrolyzeddeleted text end remains. At the end of this period and
subject to any other laws requiring retention of records, the alkaline hydrolysis new text begin or natural
organic reduction
new text end facility may destroy the records by shredding, incineration, or any other
manner that protects the privacy of the individuals identified.