Minnesota Legislature
SF 3664
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 09:06am
Current Version - as introduced
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A bill for an act
relating to mortuary science; authorizing a transfer care specialist to perform the
removal of a dead body from the place of death; amending Minnesota Statutes
2020, sections 149A.01, subdivisions 2, 3; 149A.02, by adding subdivisions;
149A.03; 149A.11; 149A.60; 149A.61, subdivisions 4, 5; 149A.62; 149A.63;
149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5, 7; 149A.90, subdivisions
2, 4; proposing coding for new law in Minnesota Statutes, chapter 149A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 149A.01, subdivision 2, is amended to read:
Subd. 2.
Scope.
In Minnesota no person shall, without being licensed new text begin or registered new text end by
the commissioner of health:
(1) take charge of or remove from the place of death a dead human body;
(2) prepare a dead human body for final disposition, in any manner; or
(3) arrange, direct, or supervise a funeral, memorial service, or graveside service.
Sec. 2.
Minnesota Statutes 2020, section 149A.01, subdivision 3, is amended to read:
Subd. 3.
Exceptions to licensure.
(a) Except as otherwise provided in this chapter,
nothing in this chapter shall in any way interfere with the duties of:
(1) an anatomical bequest program located within an accredited school of medicine or
an accredited college of mortuary science;
(2) a person engaged in the performance of duties prescribed by law relating to the
conditions under which unclaimed dead human bodies are held subject to anatomical study;
(3) authorized personnel from a licensed ambulance service in the performance of their
duties;
(4) licensed medical personnel in the performance of their duties; or
(5) the coroner or medical examiner in the performance of the duties of their offices.
(b) This chapter does not apply to or interfere with the recognized customs or rites of
any culture or recognized religion in the ceremonial washing, dressing, casketing, and public
transportation of their dead, to the extent that all other provisions of this chapter are complied
with.
(c) Noncompensated persons with the right to control the dead human body, under section
149A.80, subdivision 2, may remove a body from the place of death; transport the body;
prepare the body for disposition, except embalming; or arrange for final disposition of the
body, provided that all actions are in compliance with this chapter.
(d) Persons serving internships pursuant to section 149A.20, subdivision 6, deleted text begin ordeleted text end students
officially registered for a practicum or clinical through a program of mortuary science
accredited by the American Board of Funeral Service Educationnew text begin , or transfer care specialists
registered pursuant to section 149A.47new text end are not required to be licensed, provided that the
persons or students are registered with the commissioner and act under the direct and
exclusive supervision of a person holding a current license to practice mortuary science in
Minnesota.
(e) Notwithstanding this subdivision, nothing in this section shall be construed to prohibit
an institution or entity from establishing, implementing, or enforcing a policy that permits
only persons licensed by the commissioner to remove or cause to be removed a dead body
or body part from the institution or entity.
(f) An unlicensed person may arrange for and direct or supervise a memorial service if
that person or that person's employer does not have charge of the dead human body. An
unlicensed person may not take charge of the dead human body, unless that person has the
right to control the dead human body under section 149A.80, subdivision 2, or is that person's
noncompensated designee.
Sec. 3.
Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to
read:
new text begin Subd. 37d. new text end
new text begin Registrant. new text end
new text begin
"Registrant" means any person who is registered as a transfer
care specialist under section 149A.47.
new text end
Sec. 4.
Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to
read:
new text begin Subd. 37e. new text end
new text begin Transfer care specialist. new text end
new text begin
"Transfer care specialist" means an individual who
is registered with the commissioner in accordance with section 149A.47 and is authorized
to perform the removal of a dead human body from the place of death under the direct
supervision of a licensed mortician.
new text end
Sec. 5.
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) licensurenew text begin , registration,new text end and professional conduct of funeral directors, morticians,
interns, new text begin transfer care specialists, new text end practicum students, and clinical students;
(iii) licensing and operation of a funeral establishment;
(iv) licensing and operation of an alkaline hydrolysis facility; and
(v) licensing and operation of a crematory;
(2) provide copies of the requirements for licensurenew text begin , registration,new text end and permits to all
applicants;
(3) administer examinations and issue licensesnew text begin , registrations,new text end and permits to qualified
persons and other legal entities;
(4) maintain a record of the name and location of all current licenseesnew text begin , registrants,new text end 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, new text begin registration, new text end 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. 6.
Minnesota Statutes 2020, section 149A.11, is amended to read:
149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.
The regulatory agencies shall report all disciplinary measures or actions taken to the
commissioner. At least annually, the commissioner shall publish and make available to the
public a description of all disciplinary measures or actions taken by the regulatory agencies.
The publication shall include, for each disciplinary measure or action taken, the name and
business address of the licenseenew text begin , registrant,new text end or intern, the nature of the misconduct, and the
measure or action taken by the regulatory agency.
Sec. 7.
new text begin
[149A.47] TRANSFER CARE SPECIALIST.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
A transfer care specialist may remove a dead human body from
the place of death under the direct supervision of a licensed mortician if the transfer care
specialist is registered with the commissioner in accordance with this section. A transfer
care specialist is not licensed to engage in the practice of mortuary science and shall not
engage in the practice of mortuary science except as provided in this section.
new text end
new text begin Subd. 2. new text end
new text begin Registration. new text end
new text begin
To be eligible for registration as a transfer care specialist, an
applicant must submit to the commissioner:
new text end
new text begin
(1) a complete application on a form provided by the commissioner that includes at a
minimum:
new text end
new text begin
(i) the applicant's name, home address and telephone number, and business address and
telephone number; and
new text end
new text begin
(ii) the name, license number, business address, and telephone number of the supervising
licensed mortician and the funeral establishment employing the applicant;
new text end
new text begin
(2) proof of completion of a training program that meets the requirements specified in
subdivision 4; and
new text end
new text begin
(3) the appropriate fees specified in section 149A.65.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
A transfer care specialist registered under this section is authorized to
perform the removal of a dead human body from the place of death in accordance with this
chapter if the final disposition of the decedent will be handled by a licensed funeral
establishment. The transfer care specialist must work under the direct supervision of a
licensed mortician and must be employed by a licensed funeral establishment. The
supervising mortician is responsible for the work performed by the transfer care specialist.
A licensed mortician may supervise up to two transfer care specialists at any one time.
new text end
new text begin Subd. 4. new text end
new text begin Training program. new text end
new text begin
(a) Each transfer care specialist must complete a training
program that has been approved by the commissioner. To be approved, a training program
must be at least seven hours long and must cover, at a minimum, the following:
new text end
new text begin
(1) ethical care and transportation procedures for a deceased person;
new text end
new text begin
(2) health and safety concerns to the public and the individual performing the transfer
of the deceased person; and
new text end
new text begin
(3) all relevant state and federal laws and regulations related to the transfer and
transportation of deceased persons.
new text end
new text begin
(b) A transfer care specialist must complete a training program every five years.
new text end
new text begin Subd. 5. new text end
new text begin Registration renewal. new text end
new text begin
(a) A registration issued under this section expires one
year after the date of issuance and must be renewed to remain valid.
new text end
new text begin
(b) To renew a registration, the transfer care specialist must submit a completed renewal
application as provided by the commissioner and the appropriate fees specified in section
149A.65. Every five years, the renewal application must include proof of completion of a
training program that meets the requirements in subdivision 4.
new text end
Sec. 8.
Minnesota Statutes 2020, section 149A.60, is amended to read:
149A.60 PROHIBITED CONDUCT.
The regulatory agency may impose disciplinary measures or take disciplinary action
against a person whose conduct is subject to regulation under this chapter for failure to
comply with any provision of this chapter or laws, rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, new text begin registrations, new text end and permits adopteddeleted text begin ,deleted text end or issued
for the regulation of the removal, preparation, transportation, arrangements for disposition
or final disposition of dead human bodies, or for the regulation of the practice of mortuary
science.
Sec. 9.
Minnesota Statutes 2020, section 149A.61, subdivision 4, is amended to read:
Subd. 4.
Licenseesnew text begin , registrants,new text end and interns.
A licenseenew text begin , registrant,new text end or intern regulated
under this chapter may report to the commissioner any conduct that the licenseenew text begin , registrant,new text end
or intern has personal knowledge of, and reasonably believes constitutes grounds for,
disciplinary action under this chapter.
Sec. 10.
Minnesota Statutes 2020, section 149A.61, subdivision 5, is amended to read:
Subd. 5.
Courts.
The court administrator of district court or any court of competent
jurisdiction shall report to the commissioner any judgment or other determination of the
court that adjudges or includes a finding that a licenseenew text begin , registrant,new text end or intern is a person who
is mentally ill, mentally incompetent, guilty of a felony or gross misdemeanor, guilty of
violations of federal or state narcotics laws or controlled substances acts; appoints a guardian
or conservator for the licenseenew text begin , registrant,new text end or intern; or commits a licenseenew text begin , registrant,new text end or
intern.
Sec. 11.
Minnesota Statutes 2020, section 149A.62, is amended to read:
149A.62 IMMUNITY; REPORTING.
Any person, private agency, organization, society, association, licenseenew text begin , registrantnew text end , or
intern who, in good faith, submits information to a regulatory agency under section 149A.61
or otherwise reports violations or alleged violations of this chapter, is immune from civil
liability or criminal prosecution. This section does not prohibit disciplinary action taken by
the commissioner against any licenseenew text begin , registrant,new text end or intern pursuant to a self report of a
violation.
Sec. 12.
Minnesota Statutes 2020, section 149A.63, is amended to read:
149A.63 PROFESSIONAL COOPERATION.
A licensee, clinical student, practicum studentnew text begin , registrantnew text end , intern, or applicant for licensure
under this chapter that is the subject of or part of an inspection or investigation by the
commissioner or the commissioner's designee shall cooperate fully with the inspection or
investigation. Failure to cooperate constitutes grounds for disciplinary action under this
chapter.
Sec. 13.
Minnesota Statutes 2020, section 149A.65, subdivision 2, is amended to read:
Subd. 2.
Mortuary science fees.
Fees for mortuary science are:
(1) $75 for the initial and renewal registration of a mortuary science intern;
(2) $125 for the mortuary science examination;
(3) $200 for issuance of initial and renewal mortuary science licenses;
(4) $100 late fee charge for a license renewal; deleted text begin and
deleted text end
(5) $250 for issuing a mortuary science license by endorsementnew text begin ; and
new text end
new text begin (6) $....... for the initial and renewal registration of a transfer care specialistnew text end .
Sec. 14.
Minnesota Statutes 2020, section 149A.70, subdivision 3, is amended to read:
Subd. 3.
Advertising.
No licensee, new text begin registrant, new text end 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, 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, or crematory, unless the surname had been
previously and continuously used by the licensed funeral establishment, alkaline hydrolysis
facility, 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, 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, or crematory shall state
the position held by the persons and shall identify each person who is licensed or unlicensed
under this chapter.
Sec. 15.
Minnesota Statutes 2020, section 149A.70, subdivision 4, is amended to read:
Subd. 4.
Solicitation of business.
No licensee shall directly or indirectly pay or cause
to be paid any sum of money or other valuable consideration for the securing of business
or for obtaining the authority to dispose of any dead human body.
For purposes of this subdivision, licensee includes a registered intern new text begin or transfer care
specialist new text end or any agent, representative, employee, or person acting on behalf of the licensee.
Sec. 16.
Minnesota Statutes 2020, section 149A.70, subdivision 5, is amended to read:
Subd. 5.
Reimbursement prohibited.
No licensee, clinical student, practicum student,
deleted text begin ordeleted text end internnew text begin , or transfer care specialistnew text end 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, crematory, mausoleum, or cemetery.
Sec. 17.
Minnesota Statutes 2020, section 149A.70, subdivision 7, is amended to read:
Subd. 7.
Unprofessional conduct.
No licenseenew text begin , registrant,new text end or intern shall engage in or
permit others under the licensee'snew text begin , registrant's,new text end or intern's supervision or employment to
engage in unprofessional conduct. Unprofessional conduct includes, but is not limited to:
(1) harassing, abusing, or intimidating a customer, employee, or any other person
encountered while within the scope of practice, employment, or business;
(2) using profane, indecent, or obscene language within the immediate hearing of the
family or relatives of the deceased;
(3) failure to treat with dignity and respect the body of the deceased, any member of the
family or relatives of the deceased, any employee, or any other person encountered while
within the scope of practice, employment, or business;
(4) the habitual overindulgence in the use of or dependence on intoxicating liquors,
prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering
substances that substantially impair a person's work-related judgment or performance;
(5) revealing personally identifiable facts, data, or information about a decedent, customer,
member of the decedent's family, or employee acquired in the practice or business without
the prior consent of the individual, except as authorized by law;
(6) intentionally misleading or deceiving any customer in the sale of any goods or services
provided by the licensee;
(7) knowingly making a false statement in the procuring, preparation, or filing of any
required permit or document; or
(8) knowingly making a false statement on a record of death.
Sec. 18.
Minnesota Statutes 2020, section 149A.90, subdivision 2, is amended to read:
Subd. 2.
Removal from place of death.
No person subject to regulation under this
chapter shall remove or cause to be removed any dead human body from the place of death
without being licensed new text begin or registered new text end by the commissioner. Every dead human body shall be
removed from the place of death by a licensed mortician or funeral director, except as
provided in section 149A.01, subdivision 3new text begin , or 149A.47new text end .
Sec. 19.
Minnesota Statutes 2020, section 149A.90, subdivision 4, is amended to read:
Subd. 4.
Certificate of removal.
No dead human body shall be removed from the place
of death by a mortician deleted text begin ordeleted text end new text begin ,new text end funeral directornew text begin , or transfer care specialistnew text end or by a noncompensated
person with the right to control the dead human body without the completion of a certificate
of removal and, where possible, presentation of a copy of that certificate to the person or a
representative of the legal entity with physical or legal custody of the body at the death site.
The certificate of removal shall be in the format provided by the commissioner that contains,
at least, the following information:
(1) the name of the deceased, if known;
(2) the date and time of removal;
(3) a brief listing of the type and condition of any personal property removed with the
body;
(4) the location to which the body is being taken;
(5) the name, business address, and license number of the individual making the removal;
and
(6) the signatures of the individual making the removal and, where possible, the individual
or representative of the legal entity with physical or legal custody of the body at the death
site.