SF 3884

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

A bill for an act
relating to health; requiring removal of mercury from human bodies before
cremation; amending Minnesota Statutes 2006, section 149A.95, by adding a
subdivision; Minnesota Statutes 2007 Supplement, section 149A.95, subdivisions
6, 7, 20.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 149A.95, subdivision 6,
is amended to read:

Subd. 6.

Acceptance of delivery of body.

new text begin (a) Except as permitted under paragraph
(b), new text end no dead human body shall be accepted for final disposition by cremation unless
encased in an appropriate cremation container or wrapped in an impermeable sheet
or pouch and placed on a tray rigid enough for handling with ease, accompanied by
a disposition permit issued pursuant to section 149A.93, subdivision 3, including a
photocopy of the completed death record or a signed release authorizing cremation of the
body received from the coroner or medical examiner, and accompanied by a cremation
authorization that complies with subdivision 4. A crematory shall refuse to accept delivery
of a cremation container where there is:

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

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

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

(4) any other lawful reason.

new text begin (b) A crematory may accept a dead human body on a mortuary cot, approved by
the commissioner, for the purpose of performing mercury abatement as required under
subdivision 7a. Upon completion of the mercury abatement procedures, the body must be
placed in an approved cremation container.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 149A.95, subdivision 7, is
amended to read:

Subd. 7.

Handling of cremation containers for dead human bodies.

All
crematory employees handling cremation 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 to the crematory without express
written authorization of the person or persons with legal right to control the disposition new text begin ,
except as required to comply with subdivision 7a new text end and only by a licensed mortician. If,
after accepting delivery of a body for cremation, it is discovered that the body contains an
implanted mechanical or radioactive device, that device must be removed from the body
by a licensed mortician or physician prior to cremation new text begin or, if it is discovered that the
body contains dental amalgam fillings, the fillings must be removed in accordance with
subdivision 7a prior to cremation new text end .

Sec. 3.

Minnesota Statutes 2006, section 149A.95, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Mercury abatement. new text end

new text begin (a) No dead human body may be cremated if it
contains dental amalgam fillings. If a body is received by the crematory containing this
material, it is the responsibility of the licensed funeral director prior to cremation to remove
the material using proper tools and in a dignified manner, and to dispose of the material in
accordance with state and federal law. An unlicensed person may remove the material in
accordance with this subdivision, under supervision of a licensed funeral director.
new text end

new text begin (b) Compliance with this subdivision and subdivision 20, paragraph (b), shall be
phased in as follows:
new text end

new text begin (1) crematories adjacent to public or private school property, a residential area, a
lake, or a river must comply with this subdivision by January 1, 2010; and
new text end

new text begin (2) all other crematories must comply with this subdivision by January 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 149A.95, subdivision 20, is
amended to read:

Subd. 20.

Required records.

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

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

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

(3) the date of acceptance of delivery;

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

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

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

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

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

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

(10) the type of cremation container.

new text begin (b) A crematory must certify that the cremated body did not contain dental amalgam
fillings. The certification must include the process used to remove the material and the
means by which the material was disposed. The certification must be maintained with
the record required under paragraph (a).
new text end