SF 3705

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public health; requiring annual registration of all persons receiving
nontransplantable anatomical donations; providing standards for handling
certain anatomical gifts; amending Minnesota Statutes 2006, sections 149A.60;
149A.81, subdivision 1, by adding a subdivision; Minnesota Statutes 2007
Supplement, section 149A.03.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 149A.03, is amended to read:

149A.03 DUTIES OF COMMISSIONER.

The commissioner shall:

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

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

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

(iii) licensing and operation of a funeral establishment; and

(iv) licensing and operation of a crematory;

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

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

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

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

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

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

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

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

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

(11) new text begin register annually persons receiving all or part of a nontransplantable anatomical
donation after the donation has been accepted and processed by a donee according to
section 525.9215; and
new text end

new text begin (12) new text end 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. 2.

Minnesota Statutes 2006, 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 adopted, 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. 3.

Minnesota Statutes 2006, section 149A.81, subdivision 1, is amended to read:

Subdivision 1.

Duty of disposition; gift of part of a body.

This chapter does not
apply to or interfere with the making of an anatomical gift under sections 525.921 to
525.9224, except as provided in this deleted text begin subdivision deleted text end new text begin section new text end .

When the anatomical gift is of a part of a body, after procurement of the gift organ or
organs, custody of the remainder of the body vests in the person or persons under legal
obligation to dispose of the body under section 149A.80. Once an anatomical gift has been
made and custody of the body has passed from the donee to the person or persons lawfully
entitled or obligated to dispose of the body, the provisions of this chapter apply.

Sec. 4.

Minnesota Statutes 2006, section 149A.81, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Record keeping and handling of anatomical gift. new text end

new text begin A person receiving
nontransplantable anatomical donations who is registered by the commissioner according
to section 149A.03, clause (11), shall keep records acceptable to the commissioner
demonstrating:
new text end

new text begin (1) that each anatomical gift has been screened for communicable diseases reportable
under Minnesota Rules, chapter 4605;
new text end

new text begin (2) that the deaths have been registered under section 144.221;
new text end

new text begin (3) the chain of custody for the whole body and any part separated from the body
from acquisition through final disposition;
new text end

new text begin (4) that the donor or legally authorized representative under section 525.9212 has
provided written informed consent;
new text end

new text begin (5) compliance with section 149A.93, transportation of dead human bodies, whether
all or part of a body is being transported; and
new text end

new text begin (6) that, unless otherwise authorized by the commissioner, the use of the anatomical
gift will occur in a laboratory setting that meets the requirements described in section
149A.92, except for the requirements of a flush bowl and a functional aspirator, and will
be in compliance with all applicable regulations governing the handling of biohazard.
new text end