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SF 802

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; changing provisions dealing with mortuary science; amending
Minnesota Statutes 2006, sections 149A.01, subdivisions 2, 3; 149A.02,
subdivisions 2, 8, 11, 12, 13, 16, 33, 34, by adding subdivisions; 149A.03;
149A.20, subdivisions 1, 4, 6; 149A.40, subdivision 11; 149A.45, by adding
subdivisions; 149A.50, subdivisions 2, 4; 149A.52, subdivision 4, by adding a
subdivision; 149A.53, by adding a subdivision; 149A.63; 149A.70, subdivisions
1, 3, 5, 5a, 6, 7, 8, 9; 149A.71, subdivisions 2, 4; 149A.72, subdivision 4;
149A.74, subdivision 1; 149A.80, subdivisions 1, 2; 149A.90, subdivisions 1,
3, 4, 5, 6, 7, 8; 149A.91, subdivisions 2, 3, 5, 6, 10; 149A.92, subdivisions 2,
6; 149A.93, subdivisions 1, 2, 3, 4, 6, 8, by adding a subdivision; 149A.94,
subdivisions 1, 3; 149A.95, subdivisions 2, 4, 6, 7, 9, 13, 14, 15, 20, by adding a
subdivision; 149A.96, subdivision 1; repealing Minnesota Statutes 2006, sections
149A.93, subdivision 9; 149A.94, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 149A.01, subdivision 2, is amended to
read:


Subd. 2.

Scope.

In Minnesota no person shall, without being licensed by the
commissioner of health:

(1) take charge ofdeleted text begin,deleted text endnew text begin ornew text end remove from the place of deathdeleted text begin, or transportdeleted text end 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 2006, 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) deleted text beginan officer of any public institution;
deleted text end

deleted text begin (2) an officer of a medical college, county medical society, anatomical association,
or
deleted text endnew text begin an anatomical bequest program located within an accredited school of medicine or annew text end
accredited college of mortuary science;

deleted text begin (3) a donee of an anatomical gift;
deleted text end

deleted text begin (4)deleted text endnew text begin (2)new text end 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;

deleted text begin (5)deleted text endnew text begin (3)new text end authorized personnel from a licensed ambulance service in the performance
of their duties;

deleted text begin (6)deleted text endnew text begin (4)new text end licensed medical personnel in the performance of their duties; or

deleted text begin (7)deleted text endnew text begin (5)new text end the coroner or medical examiner in the performance of the duties of their
offices.

(b) This chapter does not apply to or interfere with thenew text begin recognizednew text end customs or rites of
any culture or recognized religion in the deleted text beginfinal dispositiondeleted text endnew text begin ceremonial washing, dressing,
and casketing
new text end of their dead, to the extent that deleted text beginthedeleted text endnew text begin all othernew text end provisions of this chapter are
deleted text begin inconsistent with the customs or ritesdeleted text endnew text begin complied withnew text end.

(c) Noncompensated persons deleted text beginrelated by blood, adoption, or marriage to a decedent
who chose to remove a body of a decedent from the place of death, transport the body,
prepare the body for disposition, except embalming, or arrange for final disposition of
the body are not required to be licensed,
deleted text endnew text begin with the right to control the dead human body
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,
new text endprovided that
all actions are in compliance with this chapter.

deleted text begin (d) Noncompensated persons acting pursuant to the lawful directive of a decedent
who remove a body of the decedent from the place of death, transport the body, prepare
the body for disposition, except embalming, or arrange for final disposition of the body
are not required to be licensed, provided that all actions are otherwise in compliance
with this chapter.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end Persons serving internships pursuant to section 149A.20, subdivision 6,
or students officially registered for a practicumnew text begin or clinicalnew text end through deleted text beginandeleted text endnew text begin a program of
mortuary science
new text end accredited deleted text begincollege or university or a college of funeral service education
accredited
deleted text end by the American Board of Funeral Service Education are not required to be
licensed, provided that the persons or studentsnew text begin are registered with the commissioner andnew text end
act under the direct and exclusive supervision of a person holding a current license to
practice mortuary science in Minnesota.

deleted text begin (f)deleted text endnew text begin (e)new text end 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.

new text begin (f) An unlicensed person may arrange for and direct or supervise a memorial service
after final disposition of the dead human body has taken place. An unlicensed person may
not take charge of the dead human body, however an unlicensed person may arrange for
and direct or supervise a memorial service before final disposition of the dead human
body has taken place.
new text end

Sec. 3.

Minnesota Statutes 2006, section 149A.02, subdivision 2, is amended to read:


Subd. 2.

Alternative container.

"Alternative container" means a nonmetal
receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed
for the encasement of dead human bodies and is made ofnew text begin corrugated cardboard,new text end fiberboard,
pressed-wood, deleted text begincomposition materials, with or without an outside covering,deleted text end or other like
materials.

Sec. 4.

Minnesota Statutes 2006, section 149A.02, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Clinical student. new text end

new text begin "Clinical student" means a person officially registered
for a clinical through a program of mortuary science accredited by the American Board of
Funeral Service Education.
new text end

Sec. 5.

Minnesota Statutes 2006, section 149A.02, subdivision 8, is amended to read:


Subd. 8.

Cremated remains container.

"Cremated remains container" means
a receptacle in which postcremation remains are placed.new text begin For purposes of this chapter,
"cremated remains container" is interchangeable with "urn" or similar keepsake storage
jewelry.
new text end

Sec. 6.

Minnesota Statutes 2006, section 149A.02, subdivision 11, is amended to read:


Subd. 11.

Cremation container.

"Cremation container" means a combustible,
closed container deleted text beginresistant to the leakage of bodily fluids into whichdeleted text endnew text begin that encases the body
and can be made of materials like fiberboard, or corrugated cardboard and into which
new text end a
dead human body is placed prior to insertion into a cremation chamber for cremation.new text begin
Cremation containers may be combustible "alternative containers" or combustible
"caskets."
new text end

Sec. 7.

Minnesota Statutes 2006, section 149A.02, subdivision 12, is amended to read:


Subd. 12.

Crematory.

"Crematory" means a building or structure containing one
or more cremation chambers or retorts for the cremation of dead human bodies deleted text beginor any
person that performs cremations
deleted text end.

Sec. 8.

Minnesota Statutes 2006, section 149A.02, subdivision 13, is amended to read:


Subd. 13.

Direct cremation.

"Direct cremation" means anew text begin finalnew text end disposition of a dead
human body by cremation, without formal viewing, visitation, or ceremony with the
body present.

Sec. 9.

Minnesota Statutes 2006, section 149A.02, is amended by adding a subdivision
to read:


new text begin Subd. 13a. new text end

new text begin Direct supervision. new text end

new text begin "Direct supervision" means overseeing the
performance of an individual. For the purpose of a clinical, practicum, or internship, direct
supervision means that the supervisor is available to observe and correct, as needed, the
performance of the trainee. The mortician supervisor is accountable for the actions of the
clinical student, practicum student, or intern throughout the course of the training. The
supervising mortician is accountable for any violations of law or rule, in the performance
of their duties, by the clinical student, practicum student, or intern.
new text end

Sec. 10.

Minnesota Statutes 2006, section 149A.02, subdivision 16, is amended to read:


Subd. 16.

Final disposition.

"Final disposition" meansnew text begin the acts leading to andnew text end the
entombment, burial in a cemetery, or cremation of a dead human body.

Sec. 11.

Minnesota Statutes 2006, section 149A.02, subdivision 33, is amended to read:


Subd. 33.

Practicum student.

"Practicum student" means a person officially
registered for a practicum through deleted text beginandeleted text endnew text begin a program of mortuary sciencenew text end accredited deleted text begincollege or
university or a college of funeral service education accredited
deleted text end by the American Board of
Funeral Service Education.

Sec. 12.

Minnesota Statutes 2006, section 149A.02, subdivision 34, is amended to read:


Subd. 34.

Preparation of the body.

"Preparation of the body" means embalming of
the body or such items of care as washing, disinfecting, shaving, positioning of features,
restorative procedures, deleted text begincare of hair,deleted text end application of cosmetics, dressing, and casketing.

Sec. 13.

Minnesota Statutes 2006, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 37b. new text end

new text begin Refrigeration. new text end

new text begin "Refrigeration" means to preserve by keeping cool at a
temperature of 40 degrees Fahrenheit or less using mechanical or natural means.
new text end

Sec. 14.

Minnesota Statutes 2006, 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, deleted text beginanddeleted text end internsnew text begin,
practicum students, and clinical students
new text end;

(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; 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. 15.

Minnesota Statutes 2006, section 149A.20, subdivision 1, is amended to read:


Subdivision 1.

License required.

Except as provided in section 149A.01,
subdivision 3
, any person who takes charge ofdeleted text begin,deleted text endnew text begin ornew text end removes from the place of deathdeleted text begin, or
transports
deleted text end a dead human body, or prepares a dead human body for final disposition in any
manner, or arranges, directs, or supervises a funeral, memorial service, or graveside service
must possess a valid license to practice mortuary science issued by the commissioner.new text begin
A funeral establishment may provide a nonlicensed individual to direct or supervise a
memorial service provided they disclose that information to the person or persons with the
authority to make the funeral arrangement as provided in section 149A.80.
new text end

Sec. 16.

Minnesota Statutes 2006, section 149A.20, subdivision 4, is amended to read:


Subd. 4.

Educational requirements.

deleted text begin(a) Effective on January 1, 1999,deleted text end The person
shall have:

(1) received a bachelor of science degree with a major in mortuary science from an
accredited college or university;

(2) received a bachelor of science or arts degree from an accredited college or
university and completed a separate course of study in mortuary science from a college
of funeral service education accredited by the American Board of Funeral Service
Education; or

(3) completed credit hours at accredited colleges or universities that in the numerical
aggregate and distribution are the functional equivalent of a bachelor of arts or science
degree and have completed a separate course of study in mortuary science from a deleted text begincollege
of funeral service education
deleted text endnew text begin program of mortuary sciencenew text end accredited by the American
Board of Funeral Service Education.

deleted text begin (b) In the interim, from July 1, 1997, to December 31, 1998, the educational
requirements for initial licensure shall be:
deleted text end

deleted text begin (1) successful completion of at least 60 semester credit hours or 90 quarter credit
hours at an accredited college or university with the following minimum credit distribution:
deleted text end

deleted text begin (i) communications, including speech and English; 12 quarter hours or nine semester
hours;
deleted text end

deleted text begin (ii) social science, including an introductory course in sociology and psychology; 20
quarter hours or 12 semester hours;
deleted text end

deleted text begin (iii) natural science, including general or inorganic chemistry and biology; 20
quarter hours or 12 semester hours;
deleted text end

deleted text begin (iv) health education, including personal or community health; three quarter hours or
two semester hours; and
deleted text end

deleted text begin (v) elective areas; 35 quarter hours or 25 semester hours; and
deleted text end

deleted text begin (2) successful completion of a separate course of study in mortuary science from
a college of funeral service education accredited by the American Board of Funeral
Service Education.
deleted text end

Sec. 17.

Minnesota Statutes 2006, section 149A.20, subdivision 6, is amended to read:


Subd. 6.

Internship.

(a) A person who attains a passing score on both examinations
in subdivision 5 must complete a registered internship under the direct supervision of an
individual currently licensed to practice mortuary science in Minnesota. Interns must file
with the commissioner:

(1) the appropriate fee; and

(2) a registration form indicating the name and home address of the intern, the
date the internship begins, and the name, license number, and business address of the
supervising mortuary science licensee.

(b) Any changes in information provided in the registration must be immediately
reported to the commissioner. The internship shall be a minimum of one calendar year
and a maximum of three calendar years in duration; however, the commissioner may
waive up to three months of the internship time requirement upon satisfactory completion
of deleted text beginthedeleted text endnew text begin a clinical ornew text end practicum in mortuary science administered through the program
of mortuary science of the University of Minnesota or a substantially similar program.
Registrations must be renewed on an annual basis if they exceed one calendar year.
During the internship period, the intern must be under the direct deleted text beginand exclusivedeleted text end supervision
of a person holding a current license to practice mortuary science in Minnesota. An intern
may be registered under only one licensee at any given time and may be directed and
supervised only by the registered licensee. The registered licensee shall have only one
intern registered at any given time. The commissioner shall issue to each registered intern
a registration permit that must be displayed with the other establishment and practice
licenses. While under the direct deleted text beginand exclusivedeleted text end supervision of the licensee, the intern
must actively participate in the embalming of at least 25 dead human bodies and in the
arrangements for and direction of at least 25 funerals. Case reports, on forms provided by
the commissioner, shall be completed by the intern, signed by the supervising licensee,
and filed with the commissioner for at least 25 embalmings and funerals in which the
intern participates. Information contained in these reports that identifies the subject or the
family of the subject embalmed or the subject or the family of the subject of the funeral
shall be classified as licensing data under section 13.41, subdivision 2.

Sec. 18.

Minnesota Statutes 2006, section 149A.40, subdivision 11, is amended to read:


Subd. 11.

Continuing education.

The commissioner maydeleted text begin, upon presentation of
an appropriate program of continuing education developed by the Minnesota Funeral
Directors Association,
deleted text end require continuing education hours for renewal of a license to
practice mortuary science.

Sec. 19.

Minnesota Statutes 2006, section 149A.45, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Fees. new text end

new text begin The renewal fees shall be paid to the commissioner of finance and
shall be credited to the state government special revenue fund in the state treasury.
new text end

Sec. 20.

Minnesota Statutes 2006, section 149A.45, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Reinstatement. new text end

new text begin After one year a person who registers under this section
may reapply meeting current requirements for licensure listed in section 149A.20.
new text end

Sec. 21.

Minnesota Statutes 2006, section 149A.50, subdivision 2, is amended to read:


Subd. 2.

Requirements for funeral establishment.

A funeral establishment
licensed under this section must deleted text begincontaindeleted text end:

(1) new text begincontain new text enda preparation and embalming room as described in section 149A.92; deleted text beginanddeleted text end

(2) new text begincontain new text endoffice space for making arrangementsnew text begin; and
new text end

new text begin (3) comply with applicable local and state building codes, zoning laws, and
ordinances
new text end.

Sec. 22.

Minnesota Statutes 2006, section 149A.50, subdivision 4, is amended to read:


Subd. 4.

Nontransferability of license.

A license to operate a funeral establishment
is not assignable or transferable and shall not be valid for any person other than the one
named. Each license issued to operate a funeral establishment is valid only for the location
identified on the license. Anew text begin 50 percent or morenew text end change in ownership or location of the
funeral establishment automatically terminates the license. Separate licenses shall be
required of two or more persons or other legal entities operating from the same location.

Sec. 23.

Minnesota Statutes 2006, section 149A.52, subdivision 4, is amended to read:


Subd. 4.

Nontransferability of license.

A license to operate a crematory is not
assignable or transferable and shall not be valid for any person other than the one named.
Each license issued to operate a crematory is valid only for the location identified on
the license. Anew text begin 50 percent or morenew text end change in ownership or location of the crematory
automatically terminates the license. Separate licenses shall be required of two or more
persons or other legal entities operating from the same location.

Sec. 24.

Minnesota Statutes 2006, section 149A.52, is amended by adding a
subdivision to read:


new text begin Subd. 5a. new text end

new text begin Initial licensure and inspection fees. new text end

new text begin The licensure and inspection fees
shall be paid to the commissioner of finance and shall be credited to the state government
special revenue fund in the state treasury.
new text end

Sec. 25.

Minnesota Statutes 2006, section 149A.53, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Renewal and reinspection fees. new text end

new text begin The renewal and reinspection fees shall
be paid to the commissioner of finance and shall be credited to the state government
special revenue fund in the state treasury.
new text end

Sec. 26.

Minnesota Statutes 2006, section 149A.63, is amended to read:


149A.63 PROFESSIONAL COOPERATION.

A licensee,new text begin clinical student, practicum student,new text end intern, or applicant for licensure
under this chapter that is the subject ofnew text begin or part ofnew text end 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. 27.

Minnesota Statutes 2006, 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 a funeral establishment
issued by the commissioner may use the title of funeral home, funeral chapel,new text begin funeral
service,
new text end 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, or any
other title, word, or term implying that the licensee operates a crematory or crematorium.

Sec. 28.

Minnesota Statutes 2006, section 149A.70, subdivision 3, is amended to read:


Subd. 3.

Advertising.

No licenseenew text begin, clinical student, practicum student,new text end 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 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 or crematory, unless the surname had been previously and
continuously used by the licensed funeral establishment 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 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 or crematory shall state the position held by
the persons and shall identify each person who is licensed or unlicensed under this chapter.

Sec. 29.

Minnesota Statutes 2006, section 149A.70, subdivision 5, is amended to read:


Subd. 5.

Reimbursement prohibited.

No licenseenew text begin, clinical student, practicum
student,
new text end 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 deleted text beginindeleted text endnew text begin by anew text end specificnew text begin body donation program, funeral establishment,new text end crematory,
mausoleum, or cemetery.

Sec. 30.

Minnesota Statutes 2006, section 149A.70, subdivision 5a, is amended to read:


Subd. 5a.

Solicitations prohibited in certain situations.

No funeral provider new text beginor
whole body donation program
new text endmay directly or indirectly:

(1) call upon an individual at a grave site, in a hospital, nursing home, hospice,
or similar institution or facility, or at a visitation, wake, or reviewal for the purpose of
soliciting the sale of funeral goods, funeral services, burial site goods, or burial site
services or for the purpose of making arrangements for a funeral or the final disposition of
a dead human body, without a specific request for solicitation from that individual;

(2) solicit the sale of funeral goods, funeral services, burial site goods, or burial site
services from an individual whose impending death is readily apparent, without a specific
request for solicitation from that individual; or

(3) engage in deleted text begintelephonedeleted text end solicitation of an individual who has the right to control the
final disposition of a dead human body within ten days after the death of the individual
whose body is being disposed, without a specific request for solicitation from that
individual.

This subdivision does not apply to communications between an individual and a
funeral provider who is related to the individual by blood, adoption, or marriage.

Sec. 31.

Minnesota Statutes 2006, section 149A.70, subdivision 6, is amended to read:


Subd. 6.

Use of unlicensed personnel; interns; and practicum students.

Except
as otherwise provided in this chapter, a licensed funeral establishment maynew text begin notnew text end employ
unlicensed personnel to perform the duties of a funeral director or mortician deleted text beginso long as the
unlicensed personnel act under the direct supervision of an individual holding a current
license to practice mortuary science in Minnesota and all applicable provisions of this
chapter are followed. It is the duty of the licensees, individual or establishment, to provide
proper training for all unlicensed personnel, and the licensees shall be strictly accountable
for compliance with this chapter. This subdivision does not apply to registered interns
who are under the direct and exclusive supervision of a registered licensee or a student
duly registered for a practicum through an accredited college or university or a college of
funeral service education accredited by the American Board of Funeral Service Education
deleted text end.new text begin
A licensee may be personally assisted by a nonlicensed employee when removing a dead
human body from the place of death and in the lifting of a dead human body at the funeral
establishment. The nonlicensed employee must be in the immediate physical presence of
the licensee in charge at all times. The funeral establishment and the individual licensee
are responsible for compliance and training of the nonlicensed employee outlined in
sections 149A.90, subdivision 6, and 149A.92, subdivisions 7 and 10, and shall be fully
accountable for all actions of the nonlicensed employee.
new text end

Sec. 32.

Minnesota Statutes 2006, section 149A.70, subdivision 7, is amended to read:


Subd. 7.

Unprofessional conduct.

No licensee or intern shall engage in or
permit others under the licensee's 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 permitnew text begin or documentnew text end; or

(8) knowingly making a false statement on a record of death.

Sec. 33.

Minnesota Statutes 2006, section 149A.70, subdivision 8, is amended to read:


Subd. 8.

Disclosure of ownership.

All funeral establishments and funeral providers
must clearly state by whom they are owned deleted text beginindeleted text endnew text begin onnew text end allnew text begin price lists,new text end business literature,new text begin
stationery, Web sites,
new text end correspondence, and contracts.new text begin This subdivision does not apply to
envelopes, business cards, newspaper advertisements, telephone book advertisements,
billboard advertisements, or radio and television advertisements.
new text end

Sec. 34.

Minnesota Statutes 2006, section 149A.70, subdivision 9, is amended to read:


Subd. 9.

Disclosure of change of ownership.

(a) Within 15 days of a change in
ownership of a funeral establishment or funeral provider, the funeral establishment or
funeral provider shall notify all preneed consumers by first class mail of the change in
ownership. The notification shall advise the preneed consumers of their right to transfer
all preneed trust funds to a new funeral provider and shall advise all preneed consumers
who have revocable preneed trusts of their right to terminate the trust and receive a refund
of all principal paid into the trust, plus interest accrued.

(b) For purposes of this subdivision:

(1) "change in ownership" means:

(i) the sale or transfer of deleted text beginall or substantially alldeleted text endnew text begin 50 percent or morenew text end of thenew text begin controlling
interest or
new text end assets of a funeral establishment or funeral provider;

(ii) the sale or transfer of a controlling interest of a funeral establishment or funeral
provider; or

(iii) the termination of the business of a funeral establishment or funeral provider
where there is no transfer of assets or stock; and

(2) "controlling interest" means:

(i) an interest in a partnership of greater than 50 percent; or

(ii) greater than 50 percent of the issued and outstanding shares of a stock of a
corporation.

Sec. 35.

Minnesota Statutes 2006, 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 listsnew text begin using a ten-point font or largernew text end. 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) cremation containers deleted text beginanddeleted text endnew text begin;
new text end

new text begin (5)new text end cremated remains containers;

deleted text begin (5)deleted text endnew text begin (6)new text end markers; and

deleted text begin (6)deleted text endnew text begin (7)new text end headstones.

(d) Each separate price list must contain the name of the funeral provider's place
of businessnew text begin, address, and telephone numbernew text end 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 deleted text begin(6)deleted text endnew text begin (7)new text end. 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. deleted text beginIn lieu of a written price list, other formats, such
as notebooks, brochures, or charts may be used if they contain the same information as
would the printed or typewritten list, and display it in a clear and conspicuous manner.
deleted text end
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 deleted text beginor typewrittendeleted text end 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 cremation offered by the funeral provider, with the price
including an alternative or cremation container, any crematory charges, and a description
of the services and container included in the price, where applicable, and the price of
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;

(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 cremation containers deleted text beginand cremated remains containersdeleted text end
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 and cremated remains containers, as disclosed in the
manner described in paragraphs (c) and (d);

(9) new text beginthe 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 cremation container sale location," or the prices of individual cremation
containers as disclosed in the manner described in paragraphs (c) and (d);
new text end

new text begin (10) new text endthe 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 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;

deleted text begin (10) if the price for basic services, as described in clause (9), is not applicable,
the statement "Please note that a fee for the use of our basic services is included in the
price of our caskets. Our services include (specify services provided)." The fee 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." The statement must be placed on the general price list, together with the
casket price range or the prices of individual caskets. 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; and
deleted text end

(11) 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)new text begin; and
new text end

new text begin (12) 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
new text end.

(f) Funeral providers must give an itemized written statement, for retention, to
each consumer who arranges deleted text beginadeleted text endnew text begin an at-neednew text end 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 servicesnew text begin as required in section
149A.80
new text end. If the statement is provided deleted text beginatdeleted text endnew text begin bynew text end 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. deleted text beginThe information required by this paragraph may be included
on any contract, statement, or other document which the funeral provider would otherwise
provide at the conclusion of discussion of arrangements.
deleted text endnew text begin 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.
new text end

(g) deleted text beginFuneral providers must give any other price information, in any other format, in
addition to that required by paragraphs (c) to (e) so long as the written statement required
by paragraph (f) is given when required.
deleted text end

deleted text begin (h)deleted text end 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 controllingnew text begin finalnew text end disposition shall be provided with these documents at the time
of the person's firstnew text begin in-personnew text end contact with the funeral provider, if the first contact occurs
in person at a funeral establishment, 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. 36.

Minnesota Statutes 2006, section 149A.71, subdivision 4, is amended to read:


Subd. 4.

Casket, alternate container, and cremation container sales; records;
required disclosures.

Any funeral provider who sells or offers to sell a casket, alternate
container, or cremation containernew text begin, or cremated remains containernew text end 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 deleted text beginand
reported to the commissioner
deleted text end. 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 deleted text beginenclose within the casket, alternate container, or cremation container
information provided by the commissioner that includes a blank record of death, and
deleted text endnew text begin
provide
new text end 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, or cremation containers.

Sec. 37.

Minnesota Statutes 2006, section 149A.72, subdivision 4, is amended to read:


Subd. 4.

Casket for cremation provision; preventive measures.

To prevent
deceptive acts or practices, funeral providers must place the following disclosure in
immediate conjunction with the prices shown for cremations: "new text beginMinnesota law does not
require you to purchase a casket for cremation.
new text endIf you want to arrange a cremation, you
can use a cremation container. A cremation container is a combustible, closed container
deleted text begin resistant to the leakage of bodily fluids,deleted text end that encases the body and can be made of materials
like fiberboard or deleted text begincomposition materials (with or without an outside covering)deleted text endnew text begin corrugated
cardboard and into which a dead human body is placed prior to insertion into a cremation
chamber for cremation
new text end. The containers we provide are (specify containers provided)."
This disclosure is required only if the funeral provider arranges direct cremations.

Sec. 38.

Minnesota Statutes 2006, 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
decisiondeleted text begin, or the funeral provider is unable to contact the legally authorized individual
after exercising due diligence, has no reason to believe the legally authorized individual
does not want embalming performed, and obtains subsequent approval for embalming
already performed
deleted text end. 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 nonew text begin embalmingnew text end fee will be charged if the family selects a service which does not
require embalming, such as direct cremation or immediate burial.

Sec. 39.

Minnesota Statutes 2006, section 149A.80, subdivision 1, is amended to read:


Subdivision 1.

Advance directives and will of decedent.

A person may direct the
preparation for, type, or place of that person's final disposition, either by oral or written
instructions. new text beginArrangements made in advance of need with a funeral establishment must be
in writing and dated, signed, and notarized.
new text endThe person or persons otherwise entitled to
control the final disposition under this chapter shall faithfully carry out the reasonable and
otherwise lawful directions of the decedent to the extent that the decedent has provided
resources for the purpose of carrying out the directions. If the instructions are contained
in a will, they shall be immediately carried out, regardless of the validity of the will in
other respects or of the fact that the will may not be offered for or admitted to probate
until a later date, subject to other provisions of this chapter or any other law of this state.
This subdivision shall be administered and construed so that the reasonable and lawful
instructions of the decedent or the person entitled to control the final disposition shall be
faithfully and promptly performed.

Sec. 40.

Minnesota Statutes 2006, section 149A.80, subdivision 2, is amended to read:


Subd. 2.

Determination of right to control and duty of disposition.

The right to
control the disposition of the remains of a deceased person, including the location and
conditions of final disposition, unless other directions have been given by the decedent
pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves
upon, the following in the order deleted text beginnameddeleted text endnew text begin of priority listednew text end:

(1) the person new text beginor persons new text endappointed in a dated written instrument signed by the
decedent. Written instrument includes, but is not limited to, a health care directive
executed under chapter 145C. Written instrument does not include a durable or nondurable
power of attorney which terminates on the death of the principal pursuant to sections
523.08 and 523.09;

(2) the deleted text beginsurviving, legally recognizeddeleted text end spousenew text begin of the decedentnew text end;

(3) the deleted text beginsurviving biological or adopteddeleted text end new text beginadult new text endchild or new text beginthe majority of the adult
new text endchildren of the decedent deleted text beginover the age of majoritydeleted text end, provided that, in the absence of actual
knowledge to the contrary, a funeral director or mortician may rely on instructions given
by the child or children who represent that they are the sole surviving child, or that they
constitute a majority of the surviving children;

(4) the surviving parent or parents of the decedentnew text begin, each having equal authoritynew text end;

(5) the deleted text beginsurviving biological or adopteddeleted text end new text beginadult new text endsibling or new text beginthe majority of the adult
new text endsiblings of the decedent deleted text beginover the age of majoritydeleted text end, provided that, in the absence of actual
knowledge to the contrary, a funeral director or mortician may rely on instructions given
by the sibling or siblings who represent that they are the sole surviving sibling, or that they
constitute a majority of the surviving siblings;

(6) the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and

(7) the appropriate public or court authority, as required by law.

For purposes of this subdivision, the appropriate public or court authority includes
the county board of the county in which the death occurred if the person dies without
apparent financial means to provide for final disposition or the district court in the county
in which the death occurred.

Sec. 41.

Minnesota Statutes 2006, section 149A.90, subdivision 1, is amended to read:


Subdivision 1.

Death record.

(a) Except as provided in this section, a death record
must be completed and filed for every known death by the mortician, funeral director, or
other person lawfully in charge of thenew text begin finalnew text end disposition of the body.

(b) If the body is that of an individual whose identity is unknown, the person in
charge of thenew text begin finalnew text end disposition of the body must notify the commissioner for purposes of
compliance with section 144.05, subdivision 4.

Sec. 42.

Minnesota Statutes 2006, section 149A.90, subdivision 3, is amended to read:


Subd. 3.

Referrals to coroner or medical examiner.

deleted text begin The mortician, funeral
director, or other person lawfully in charge of the disposition of the body shall notify the
coroner or medical examiner before moving a body from the site of death in any case:
deleted text end

deleted text begin (1) where the person is unable to obtain firm assurance from the physician in
attendance that the medical certification will be signed;
deleted text end

deleted text begin (2) when circumstances suggest that the death was caused by other than natural
causes;
deleted text end

deleted text begin (3) where deaths occur under mysterious or unusual circumstances;
deleted text end

deleted text begin (4) where there is a violent death, whether homicidal, suicidal, or accidental,
including but not limited to: thermal, chemical, electrical, or radiational injury; and deaths
due to criminal abortion, whether self-induced or not;
deleted text end

deleted text begin (5) where the body is to be disposed of in some manner which prevents later
examination, including but not limited to, cremation, dissection, or burial at sea; or
deleted text end

deleted text begin (6) when the decedent was an inmate of a public institution who was not hospitalized
for organic disease.
deleted text end new text begin Referrals to the coroner or medical examiner are outlined in section
390.11.
new text end

Sec. 43.

Minnesota Statutes 2006, section 149A.90, subdivision 4, is amended to read:


Subd. 4.

deleted text beginDocumentationdeleted text endnew text begin Certificatenew text end of removal.

No dead human body shall be
removed from the place of death by a mortician or funeral director without the completion
of anew text begin certificate ofnew text end removal deleted text begincertificationdeleted text end and, where possible, presentation of a copy of that
deleted text begin certificationdeleted text endnew text begin certificatenew text end to the person or a representative of the legal entity with physical or
legal custody of the body at the death site. Thenew text begin certificate ofnew text end removal deleted text begincertification maydeleted text endnew text begin
shall
new text end be deleted text beginon a formdeleted text endnew text begin in the formatnew text end provided by the commissioner deleted text beginor on any other formdeleted text end 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.

Sec. 44.

Minnesota Statutes 2006, section 149A.90, subdivision 5, is amended to read:


Subd. 5.

Retention of deleted text begindocumentationdeleted text endnew text begin certificatenew text end of removal.

A copy of thenew text begin
certificate of
new text end removal deleted text begincertificationdeleted text end shall be given, where possible, to the person or
representative of the legal entity having physical or legal custody of the body at the death
site. The originalnew text begin certificate ofnew text end removal deleted text begincertificationdeleted text end shall be retained by the individual
making the removal and shall be kept on file, at the funeral establishment deleted text beginor crematorydeleted text end
to which the body was taken, for a period of three calendar years following the date of
the removal. Following this period, and subject to any other laws requiring retention of
records, the funeral establishment deleted text beginor crematorydeleted text end 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 the removal of the body. At the end of this period and subject to any other
laws requiring retention of records, the funeral establishment deleted text beginor crematorydeleted text end may destroy
the records by shredding, incineration, or any other manner that protects the privacy of
the individuals identified in the records.

Sec. 45.

Minnesota Statutes 2006, section 149A.90, subdivision 6, is amended to read:


Subd. 6.

Removal procedure.

Every individual removing a dead human body from
the place of death shall use universal precautions and otherwise exercise all reasonable
precautions to minimize the risk of transmitting any communicable disease from the body.
Before removal, the body shall be wrapped in a sheetnew text begin or pouchnew text end that is impervious to
liquids, covered in such a manner that the body cannot be viewed, deleted text beginencased in a secure
pouch,
deleted text end and placed on a regulation ambulance cot or on an aircraft ambulance stretcher.
Any dead human body measuring 36 inches or less in length may be removed after having
been properly wrapped, covered, and encased, but does not need to be placed on an
ambulance cot or aircraft ambulance stretcher.

Sec. 46.

Minnesota Statutes 2006, section 149A.90, subdivision 7, is amended to read:


Subd. 7.

Conveyances permitted for removal.

A dead human body may be
transported from the place of death by any vehicle that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate an ambulance cot or aircraft ambulance
stretcher in a horizontal position;

(4) is so designed to permit loading and unloading of the body without excessive
tilting of the cot or stretcher; deleted text beginand
deleted text end

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top
of another body or container and that each body or container is secured to prevent the
body or container from excessive movement within the conveyance. A dead human
body measuring 36 inches or less in length may be transported from the place of death
by passenger automobile. For purposes of this subdivision, a passenger automobile
is a vehicle designed and used for carrying not more than ten persons, but excludes
motorcycles and motor scootersnew text begin; and
new text end

new text begin (6) is designed so that the driver and the dead human body are in the same cabnew text end.

Sec. 47.

Minnesota Statutes 2006, section 149A.90, subdivision 8, is amended to read:


Subd. 8.

Proper holding facility required.

The funeral establishment deleted text beginor crematorydeleted text end
to which a dead human body is taken shall have an appropriate holding facility for storing
the body while awaiting final disposition. The holding facility must be secure from access
by anyone except the authorized personnel of the funeral establishment deleted text beginor crematorydeleted text end,
preserve the dignity of the remains, and protect the health and safety of the funeral
establishment deleted text beginor crematorydeleted text end personnel.

Sec. 48.

Minnesota Statutes 2006, section 149A.91, subdivision 2, is amended to read:


Subd. 2.

Preparation procedures; access to preparation room.

The preparation
of a dead human body for final disposition shall be performed in privacy. No person shall
be permitted to be present in the preparation room while a dead human body is being
embalmed, washed, or otherwise prepared for final disposition, except:

(1) licensed morticians deleted text beginor funeral directors and their authorized agents and
employees
deleted text end;

(2) registered interns or students as described in subdivision 6;

(3) public officials or representatives in the discharge of their official duties;new text begin and
new text end

(4) licensed medical personneldeleted text begin; and
deleted text end

deleted text begin (5) members of the immediate family of the deceased, their designated
representatives, and any person receiving written authorization to be present. The written
authorization must be dated and signed by the person with legal right to control the
disposition and must be presented to the mortician or intern or practicum student who will
be performing the procedure. The written authorization shall become part of the required
records pursuant to subdivision 10
deleted text end.

Sec. 49.

Minnesota Statutes 2006, section 149A.91, subdivision 3, is amended to read:


Subd. 3.

Embalming required.

A dead human body must be embalmed by a
licensed morticiannew text begin or registered intern or practicum student or clinical studentnew text end in the
following circumstances:

(1) if the body will be transported by public transportation;

(2) if final disposition will not be accomplished within 72 hours after death or
release of the body by a competent authority with jurisdiction over the body or the body
will be lawfully stored for final disposition in the future, except as provided in section
149A.94, subdivision 1;

(3) if the body will be publicly viewed; or

(4) if so ordered by the commissioner of health for the control of infectious disease
and the protection of the public health.

new text begin For purposes of this subdivision, "publicly viewed" means reviewal of a dead human
body by anyone other than those mentioned in section 149A.80, subdivision 2, and minor
children. Refrigeration may be used in lieu of embalming when required in clause (2). A
body may not be kept in refrigeration for a period that exceeds six calendar days from
the time and release of the body from the place of death or from the time of release from
the coroner or medical examiner.
new text end

Sec. 50.

Minnesota Statutes 2006, section 149A.91, subdivision 5, is amended to read:


Subd. 5.

Authorization to embalm; required form.

A written authorization to
embalm must contain the following information:

(1) the date of the authorization;

(2) the name of the funeral establishment that will perform the embalming;

(3) the name, address, and relationship to the decedent of the person signing the
authorization;

(4) an acknowledgment of the circumstances where embalming is required by law
under subdivision 3;

(5) a statement certifying that the person signing the authorization is the person with
legal right to control the disposition of the body prescribed in section 149A.80 or that
person's legal designee;

(6) thenew text begin name andnew text end signature of the person requesting the authorization and that
person's relationship to the funeral establishment where the procedure will be performed;
and

(7) the signature of the person who has the legal right to control the disposition or
their legal designee.

Sec. 51.

Minnesota Statutes 2006, section 149A.91, subdivision 6, is amended to read:


Subd. 6.

Mortician required.

Embalming of a dead human body shall be performed
only by an individual holding a license to practice mortuary science in Minnesota, a
registered intern pursuant to section 149A.20, subdivision 6, or a student registered for a
practicumnew text begin or clinicalnew text end through an accredited college or university or a college of funeral
service education accredited by the American Board of Funeral Service Education. An
individual who holds a funeral director only license issued pursuant to section 149A.40,
subdivision 2
, is prohibited from engaging in the embalming of a dead human body.

Sec. 52.

Minnesota Statutes 2006, section 149A.91, subdivision 10, is amended to read:


Subd. 10.

Required records.

Every funeral establishment that causes a dead human
body to be embalmed shall create and maintain on its premises or other business location
in Minnesota an accurate record of every embalming performed. The record shall include
all of the following information for each embalming:

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

(2) the date the funeral establishment took physical custody of the body and, if
applicable, the name of the person releasing the body to the custody of the funeral
establishment;

(3) the reason for embalming the body;

(4) the name, address, and relationship to the decedent of the person who authorized
the embalming of the body;

(5) the date the body was embalmed, including the time begun and the time of
completion;

(6) the name, license number, and signature of the mortician who performed or
personally supervised the intern or student who performed the embalming;

(7) the name, permit number, if applicable, and signature of any intern or practicum
studentnew text begin or clinical studentnew text end that participates in the embalming of a body, whether the intern
or practicum studentnew text begin or clinical studentnew text end performs part or all of the embalming; and

(8) the original written authorization to embalm and any other supporting
documentation that establishes the legal right of the funeral establishment to physical
custody of the body and to embalm the body.

Sec. 53.

Minnesota Statutes 2006, section 149A.92, subdivision 2, is amended to read:


Subd. 2.

Minimum requirements; general.

Every funeral establishment must have
a preparation and embalming room. The room shall be of sufficient size and dimensions
to accommodate a preparation or embalming table, an deleted text beginopen fixturedeleted text endnew text begin approved flush bowlnew text end
with water connections,new text begin a hand sink with water connections,new text end and an instrument table,
cabinet, or shelves.

Sec. 54.

Minnesota Statutes 2006, section 149A.92, subdivision 6, is amended to read:


Subd. 6.

Minimum requirements; equipment and supplies.

The preparation
and embalming room must have a deleted text beginpreparation and embalming table and adeleted text end functional
aspiratornew text begin, eye wash, and quick drench showernew text end. deleted text beginThe preparation and embalming table
shall have a nonporous top, preferably of rustproof metal or porcelain, with raised edges
around the top of the entire table and a drain opening at the lower end.
deleted text end Where embalmings
are actually performed in the room, the room must be equipped withnew text begin a preparation and
embalming table,
new text end a functional method for injection of fluids, deleted text beginan eye wash station,deleted text end and
sufficient supplies and instruments for normal operation.new text begin The preparation and embalming
table shall have a nonporous top of rustproof metal or porcelain, with raised edges around
the top of the entire table and a drain opening at the lower end.
new text end All supplies must be stored
and used in accordance with all applicable state and federal regulations for occupational
health and safety.

Sec. 55.

Minnesota Statutes 2006, section 149A.93, subdivision 1, is amended to read:


Subdivision 1.

Permits required.

After removal from the place of death to any
location where the body is held awaiting final disposition, further transportation of the
body shall require a deleted text begintransit permit issued by a licensed morticiandeleted text endnew text begin certificate of removalnew text end.
deleted text begin Permitsdeleted text endnew text begin The certificate of removalnew text end shall contain the information required deleted text beginondeleted text endnew text begin innew text end the deleted text beginpermit
form
deleted text endnew text begin formatnew text end as furnished by the commissioner.

Sec. 56.

Minnesota Statutes 2006, section 149A.93, subdivision 2, is amended to read:


Subd. 2.

deleted text beginTransit permitdeleted text endnew text begin Certificate of removalnew text end.

A deleted text begintransit permitdeleted text endnew text begin certificate of
removal
new text end is required when:

(1) legal and physical custody of the body is transferred;

(2) a body is transported by public transportation; or

(3) a body is removed from the state.

Sec. 57.

Minnesota Statutes 2006, section 149A.93, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Retention of certificate of removal. new text end

new text begin A copy of the certificate of
removal shall be retained by the funeral establishment or representative of the legal entity
releasing legal and physical custody of the body. The original certificate of removal shall
accompany the remains to the legal entity to which custody is transferred. The funeral
establishment releasing the custody of the remains shall retain a copy of the certificate of
removal for a period of three calendar years following the date of the transfer of custody.
Following this period, and subject to any other laws requiring retention of records, the
funeral establishment 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 the removal
of the body. At the end of this period and subject to any other laws requiring retention of
records, the funeral establishment may destroy the records by shredding, incineration, or
any other manner that protects the privacy of the individuals identified in the records.
new text end

Sec. 58.

Minnesota Statutes 2006, section 149A.93, subdivision 3, is amended to read:


Subd. 3.

Disposition permit.

A disposition permit is required before a body can be
buried, entombed, or cremated. No disposition permit shall be issued until a fact of death
record has been completednew text begin and filed with the local or state registrar of vital statisticsnew text end.

Sec. 59.

Minnesota Statutes 2006, section 149A.93, subdivision 4, is amended to read:


Subd. 4.

Possession of permit.

Until the body is delivered for final disposition, the
disposition permit shall be in possession of the person in physical or legal custody of the
body, or attached to the transportation container which holds the body. At the place of
final disposition, legalnew text begin and physicalnew text end custody of the body shall pass with the filing of the
disposition permit with the person in charge of that place.

Sec. 60.

Minnesota Statutes 2006, section 149A.93, subdivision 6, is amended to read:


Subd. 6.

Conveyances permitted for transportation.

A dead human body may be
transported by means of public transportation provided that the body must be properly
embalmed and encased in an appropriate container, or by any private vehicle or aircraft
that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate a regulation ambulance cot, aircraft
ambulance stretcher, casket, alternative container, or cremation container in a horizontal
position;

(4) is designed to permit loading and unloading of the body without excessive tilting
of the casket, alternative container, or cremation container; deleted text beginand
deleted text end

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top of
another body or container and that each body or container is secured to prevent the body
or container from excessive movement within the conveyancenew text begin; and
new text end

new text begin (6) is designed so that the driver and the dead human body are in the same cabnew text end.

Sec. 61.

Minnesota Statutes 2006, section 149A.93, subdivision 8, is amended to read:


Subd. 8.

Who may transport.

deleted text beginSubject to section 149A.09,deleted text end A dead human body
deleted text begin need not be transported under the direct, personal supervision of a licensed mortician
or funeral director. In circumstances where there is no reasonable probability that
unlicensed personnel will encounter family members or other persons with whom funeral
arrangements are normally made by licensed morticians or funeral directors, a dead human
body may be transported without the direct, personal supervision of a licensed mortician.
Any inadvertent contact with family members or other persons as described above shall
be restricted to unlicensed personnel identifying the employer to the person encountered,
offering to arrange an appointment with the employer for any person who indicates a
desire to make funeral arrangements for the deceased, and making any disclosure to the
person that is required by state or federal regulations
deleted text endnew text begin may be transported by unlicensed
personnel according to section 149A.90
new text end. A licensed mortician or funeral director who
directs the transport of a dead human body deleted text beginwithout providing direct, personal supervisiondeleted text endnew text begin
by unlicensed personnel
new text end shall be held strictly accountable for compliance with this chapter.

Sec. 62.

Minnesota Statutes 2006, section 149A.94, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Every dead human body lying within the state, except
those delivered for dissection pursuant to section 525.9213, 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, entombed, 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 embalmednew text begin or refrigerated. A body
may not be kept in refrigeration for a period exceeding six calendar days from the time of
death or release of the body from the coroner or medical examiner
new text end. deleted text beginFor purposes of this
section, refrigeration is not considered a form of preservation or disinfection and does not
alter the 72-hour requirement, except as provided in subdivision 2.
deleted text end

Sec. 63.

Minnesota Statutes 2006, section 149A.94, subdivision 3, is amended to read:


Subd. 3.

Permit required.

No dead human body shall be buried, entombed, or
cremated without a disposition permit. The disposition permit must be filed with the
person in charge of the place of final disposition. Where a dead human body will be
transported out of this state for final disposition, the body must be accompanied by a
deleted text begin transit permitdeleted text endnew text begin certificate of removalnew text end.

Sec. 64.

Minnesota Statutes 2006, section 149A.95, subdivision 2, is amended to read:


Subd. 2.

General requirements.

Any building to be used as a crematory must
comply with all applicable local and state building codes, zoning laws and ordinances,
and environmental standards. A crematory must have, on site,new text begin a human cremation system
approved by the commissioner,
new text end a motorized mechanical device for processing cremated
remains and must have, in the building deleted text beginor adjacent to itdeleted text end, a holding facility for the retention
of dead human bodies awaiting cremation. The holding facility must be secure from
access by anyone except the authorized personnel of the crematory, preserve the dignity of
the remains, and protect the health and safety of the crematory personnel.

Sec. 65.

Minnesota Statutes 2006, section 149A.95, subdivision 4, is amended to read:


Subd. 4.

Authorization to cremate required.

No crematory shall cremate or
cause to be cremated any dead human body new text beginor identifiable body part new text endwithout receiving
written authorization to do so from the person new text beginor persons new text endwho deleted text beginhasdeleted text end new text beginhave new text endthe 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;

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

(3) the name, address, relationship to the deceased, and signature of the personnew text begin or
persons
new text end with legal right to control final disposition or a legal designee;

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

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

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

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

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

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

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

Sec. 66.

Minnesota Statutes 2006, section 149A.95, subdivision 6, is amended to read:


Subd. 6.

Acceptance of delivery of body.

No dead human body shall be accepted
fornew text begin finalnew text end disposition by cremation unless encased in an appropriate cremation container
or deleted text begincasket,deleted text endnew text begin wrapped in an impermeable sheet or pouch and placed on a tray rigid enough
for handling with ease,
new text end 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 deleted text beginmaydeleted text endnew text begin shallnew text end refuse to accept delivery of a cremation container where there is:

(1) evidence of leakage of fluids from the deleted text beginbodydeleted text endnew text begin cremation containernew text end;

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

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

(4) any other lawful reason.

Sec. 67.

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


new text begin Subd. 6a. new text end

new text begin Bodies awaiting cremation. new text end

new text begin A dead human body must be cremated
within 24 hours of the crematory accepting legal and physical custody of the body.
new text end

Sec. 68.

Minnesota Statutes 2006, section 149A.95, subdivision 7, is amended to read:


Subd. 7.

Handling ofnew text begin cremation containers fornew text end dead human bodies.

All
crematory employees handlingnew text begin cremation containers fornew text end 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 new text beginor persons new text endwith legal right to control the dispositionnew text begin
and only by a licensed mortician
new text end. 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.

Sec. 69.

Minnesota Statutes 2006, section 149A.95, subdivision 9, is amended to read:


Subd. 9.

Cremation chamber for human remains.

A licensed crematory shall
knowingly cremate only dead human bodies or human remains in a cremation chamber,
along with the cremation container deleted text beginor casketdeleted text end and deleted text beginadeleted text endnew text begin thenew text end sheet or pouch used for disease
control.

Sec. 70.

Minnesota Statutes 2006, section 149A.95, subdivision 13, is amended to read:


Subd. 13.

Cremation procedures; commingling of cremated remains prohibited.

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

Sec. 71.

Minnesota Statutes 2006, section 149A.95, subdivision 14, is amended to read:


Subd. 14.

Cremation procedures; processing cremated remains.

The cremated
human remains shall be reduced by a motorized mechanical device to a granulated
appearance appropriate for final disposition and placed in a cremated remains container
along with the appropriate identifying disk, tab, ornew text begin permanentnew text end label.

Sec. 72.

Minnesota Statutes 2006, section 149A.95, subdivision 15, is amended to read:


Subd. 15.

Cremation procedures; container of insufficient capacity.

If a cremated
remains container is of insufficient capacity to accommodate all cremated remains of a
given dead human body, subject to directives provided in the written authorization to
cremate, the crematory shall place the excess cremated remains in a secondary cremated
remains container and attach the second container, in a manner so as not to be easily
detached through incidental contact, to the primary cremated remains container. The
secondary container shall contain a duplicate of the identification disk, tab, ornew text begin permanentnew text end
label that was placed in the primary container and all paperwork regarding the given body
shall include a notation that the cremated remains were placed in two containers.

Sec. 73.

Minnesota Statutes 2006, section 149A.95, subdivision 20, is amended to read:


Subd. 20.

Required records.

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

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

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

(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; deleted text beginand
deleted text end

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

new text begin (10) the type of cremation containernew text end.

Sec. 74.

Minnesota Statutes 2006, section 149A.96, subdivision 1, is amended to read:


Subdivision 1.

Written authorization.

Except as provided in this section, no dead
human body or human remains shall be disinterred and reinterred without the written
authorization of the person or persons legally entitled to control the body or remains and a
disinterment-reinterment permit properly issued by the deleted text beginstate registrardeleted text endnew text begin commissionernew text end or a
licensed mortician. Permits shall contain the information required on the permit form as
furnished by the commissioner.

Sec. 75. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 149A.93, subdivision 9; and 149A.94, subdivision
2,
new text end new text begin are repealed.
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