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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 215-S.F.No. 199 
                  An act relating to health; providing comprehensive 
                  regulation of mortuary science; providing for the 
                  disposition of dead bodies; establishing enforcement 
                  mechanisms; providing civil penalties; amending 
                  Minnesota Statutes 1996, sections 13.99, subdivision 
                  52a; 52.04, subdivision 1; 116J.70, subdivision 2a; 
                  145.423, subdivision 3; 169.71, subdivision 4; and 
                  524.1-201; proposing coding for new law as Minnesota 
                  Statutes, chapter 149A; repealing Minnesota Statutes 
                  1996, sections 145.14; 145.15; 145.16; 145.162; 
                  145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 
                  149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 
                  149.12; 149.13; 149.14; and 149.15; Minnesota Rules, 
                  parts 4610.0400; 4610.0410; 4610.0700; 4610.0800; 
                  4610.0900; 4610.1000; 4610.1100; 4610.1200; 4610.1300; 
                  4610.1500; 4610.1550; 4610.1600; 4610.1700; 4610.1800; 
                  4610.1900; 4610.2000; 4610.2200; 4610.2300; 4610.2400; 
                  4610.2500; 4610.2600; and 4610.2700. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 13.99, 
        subdivision 52a, is amended to read: 
           Subd. 52a.  [FUNERAL ESTABLISHMENT REPORTS MORTUARY SCIENCE 
        DATA.] (a) Data on investigations and disciplinary actions by 
        the commissioner of health are classified under section 149A.04, 
        subdivision 5. 
           (b) Data on individuals in annual reports required of 
        certain funeral establishments are classified under 
        section 149.13, subdivision 7 149A.97, subdivision 11. 
           Sec. 2.  Minnesota Statutes 1996, section 52.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  A credit union has the following powers: 
           (1) to offer its members and other credit unions various 
        classes of shares, share certificates, deposits, or deposit 
        certificates; 
           (2) to receive the savings of its members either as payment 
        on shares or as deposits, including the right to conduct 
        Christmas clubs, vacation clubs, and other thrift organizations 
        within its membership.  Trust funds received by a real estate 
        broker or the broker's salespersons in trust may be deposited in 
        a credit union; 
           (3) to make loans to members for provident or productive 
        purposes as provided in section 52.16; 
           (4) to make loans to a cooperative society or other 
        organization having membership in the credit union; 
           (5) to deposit in state and national banks and trust 
        companies authorized to receive deposits; 
           (6) to invest in any investment legal for savings banks or 
        for trust funds in the state and, notwithstanding clause (3), to 
        invest in and make loans of unsecured days funds (federal funds 
        or similar unsecured loans) to financial institutions insured by 
        an agency of the federal government and a member of the Federal 
        Reserve System or required to maintain reserves at the Federal 
        Reserve; 
           (7) to borrow money as hereinafter indicated; 
           (8) to adopt and use a common seal and alter the same at 
        pleasure; 
           (9) to make payments on shares of and deposit with any 
        other credit union chartered by this or any other state or 
        operating under the provisions of the federal Credit Union Act, 
        in amounts not exceeding in the aggregate 25 percent of its 
        unimpaired assets.  However, payments on shares of and deposit 
        with credit unions chartered by other states are restricted to 
        credit unions insured by the National Credit Union 
        Administration.  The restrictions imposed by this clause do not 
        apply to share accounts and deposit accounts of the Minnesota 
        corporate credit union in United States central credit union or 
        to share accounts and deposit accounts of credit unions in the 
        Minnesota corporate credit union; 
           (10) to contract with any licensed insurance company or 
        society to insure the lives of members to the extent of their 
        share accounts, in whole or in part, and to pay all or a portion 
        of the premium therefor; 
           (11) to indemnify each director, officer, or committee 
        member, or former director, officer, or committee member against 
        all expenses, including attorney's fees but excluding amounts 
        paid pursuant to a judgment or settlement agreement, reasonably 
        incurred in connection with or arising out of any action, suit, 
        or proceeding to which that person is a party by reason of being 
        or having been a director, officer, or committee member of the 
        credit union, except with respect to matters as to which that 
        person is finally adjudged in the action, suit, or proceeding to 
        be liable for negligence or misconduct in the performance of 
        duties.  The indemnification is not exclusive of any other 
        rights to which that person may be entitled under any bylaw, 
        agreement, vote of members, or otherwise; 
           (12) upon written authorization from a member, retained at 
        the credit union, to make payments to third parties by 
        withdrawals from the member's share or deposit accounts or 
        through proceeds of loans made to such member, or by permitting 
        the credit union to make those payments from the member's funds 
        prior to deposit; to permit draft withdrawals from member 
        accounts, but a credit union proposing to permit draft 
        withdrawals shall notify the commissioner of commerce, in the 
        form prescribed, of its intent not less than 90 days prior to 
        authorizing draft withdrawals.  The board of directors of a 
        credit union may restrict one class of shares to the extent that 
        it may not be redeemed, withdrawn, or transferred except upon 
        termination of membership in the credit union; 
           (13) to inform its members as to the availability of 
        various group purchasing plans which are related to the 
        promotion of thrift or the borrowing of money for provident and 
        productive purposes by means of informational materials placed 
        in the credit union's office, through its publications, or by 
        direct mailings to members by the credit union; 
           (14) to facilitate its members' voluntary purchase of types 
        of insurance incidental to promotion of thrift or the borrowing 
        of money for provident and productive purposes including, but 
        not limited to the following types of group or individual 
        insurance:  Fire, theft, automobile, life and temporary 
        disability; to be the policy holder of a group insurance plan or 
        a subgroup under a master policy plan and to disseminate 
        information to its members concerning the insurance provided 
        thereunder; to remit premiums to an insurer or the holder of a 
        master policy on behalf of a credit union member, if the credit 
        union obtains written authorization from the member for 
        remittance by share or deposit withdrawals or through proceeds 
        of loans made by the members, or by permitting the credit union 
        to make the payments from the member's funds prior to deposit; 
        and to accept from the insurer reimbursement for expenses 
        incurred or in the case of credit life, accident and health, and 
        involuntary unemployment insurance within the meaning of chapter 
        62B commissions for the handling of the insurance.  The amount 
        reimbursed or the commissions received may constitute the 
        general income of the credit union.  The directors, officers, 
        committee members and employees of a credit union shall not 
        profit on any insurance sale facilitated through the credit 
        unions; 
           (15) to contract with another credit union to furnish 
        services which either could otherwise perform.  Contracted 
        services under this clause are subject to regulation and 
        examination by the commissioner of commerce like other services; 
           (16) in furtherance of the twofold purpose of promoting 
        thrift among its members and creating a source of credit for 
        them at legitimate rates of interest for provident purposes, and 
        not in limitation of the specific powers hereinbefore conferred, 
        to have all the powers enumerated, authorized, and permitted by 
        this chapter, and such other rights, privileges and powers 
        incidental to, or necessary for, the accomplishment of the 
        objectives and purposes of the credit union; 
           (17) to rent safe deposit boxes to its members if the 
        credit union obtains adequate insurance or bonding coverage for 
        losses which might result from the rental of safe deposit boxes; 
           (18) notwithstanding the provisions of section 52.05, to 
        accept deposits of public funds in an amount secured by 
        insurance or other means pursuant to chapter 118 or section 
        9.031 or other applicable law and to receive deposits of trust 
        funds provided that either the provider or the beneficial owner 
        of the funds is a member of the credit union accepting the 
        deposit; 
           (19) to accept and maintain treasury tax and loan accounts 
        of the United States and to pledge collateral to secure the 
        treasury tax or loan accounts, in accordance with the 
        regulations of the Department of Treasury of the United States; 
           (20) to accept deposits pursuant to section 149.12 149A.97, 
        subdivision 5, notwithstanding the provisions of section 52.05, 
        if the deposits represent funding of prepaid funeral plans of 
        members; 
           (21) to sell, in whole or in part, real estate secured 
        loans provided that:  
           (a) the loan is secured by a first lien; 
           (b) the board of directors approves the sale; 
           (c) if the sale is partial, the agreement to sell a partial 
        interest shall, at a minimum:  
           (i) identify the loan or loans covered by the agreement; 
           (ii) provide for the collection, processing, remittance of 
        payments of principal and interest, taxes and insurance premiums 
        and other charges or escrows, if any; 
           (iii) define the responsibilities of each party in the 
        event the loan becomes subject to collection, loss or 
        foreclosure; 
           (iv) provide that in the event of loss, each owner shall 
        share in the loss in proportion to its interest in the loan or 
        loans; 
           (v) provide for the distribution of payments of principal 
        to each owner proportionate to its interest in the loan or 
        loans; 
           (vi) provide for loan status reports; 
           (vii) state the terms and conditions under which the 
        agreement may be terminated or modified; and 
           (d) the sale is without recourse or repurchase unless the 
        agreement:  
           (i) requires repurchase of a loan because of any breach of 
        warranty or misrepresentation; 
           (ii) allows the seller to repurchase at its discretion; or 
           (iii) allows substitution of one loan for another; 
           (22) in addition to the sale of loans secured by a first 
        lien on real estate, to sell, pledge, discount, or otherwise 
        dispose of, in whole or in part, to any source, a loan or group 
        of loans, other than a self-replenishing line of credit; 
        provided, that within a calendar year beginning January 1 the 
        total dollar value of loans sold, other than loans secured by 
        real estate or insured by a state or federal agency, shall not 
        exceed 25 percent of the dollar amount of all loans and 
        participating interests in loans held by the credit union at the 
        beginning of the calendar year, unless otherwise authorized in 
        writing by the commissioner; 
           (23) to designate the par value of the shares of the credit 
        union by board resolution; 
           (24) to exercise by resolution the powers set forth in 
        United States Code, title 12, section 1757, as amended through 
        December 31, 1992.  Before exercising each power, the board must 
        submit a plan to the commissioner of commerce detailing 
        implementation of the power to be used; 
           (25) to offer self-directed individual retirement accounts 
        and Keogh accounts and act as custodian and trustee of these 
        accounts if: 
           (1) all contributions of funds are initially made to a 
        deposit, share or share certificate account in the credit union; 
           (2) any subsequent transfer of funds to other assets is 
        solely at the direction of the member and the credit union 
        exercises no investment discretion and provides no investment 
        advice with respect to plan assets; and 
           (3) the member is clearly notified of the fact that 
        National Credit Union Share Insurance Fund coverage is limited 
        to funds held in deposit, share or share certificate accounts of 
        National Credit Union Share Insurance Fund-insured credit unions.
           Sec. 3.  Minnesota Statutes 1996, section 116J.70, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
        "license" does not include the following:  
           (1) any occupational license or registration issued by a 
        licensing board listed in section 214.01 or any occupational 
        registration issued by the commissioner of health pursuant to 
        section 214.13; 
           (2) any license issued by a county, home rule charter city, 
        statutory city, township, or other political subdivision; 
           (3) any license required to practice the following 
        occupation regulated by the following sections:  
           (a) abstracters regulated pursuant to chapter 386; 
           (b) accountants regulated pursuant to chapter 326; 
           (c) adjusters regulated pursuant to chapter 72B; 
           (d) architects regulated pursuant to chapter 326; 
           (e) assessors regulated pursuant to chapter 270; 
           (f) athletic trainers regulated pursuant to chapter 148; 
           (g) attorneys regulated pursuant to chapter 481; 
           (h) auctioneers regulated pursuant to chapter 330; 
           (i) barbers regulated pursuant to chapter 154; 
           (j) beauticians regulated pursuant to chapter 155A; 
           (k) boiler operators regulated pursuant to chapter 183; 
           (l) chiropractors regulated pursuant to chapter 148; 
           (m) collection agencies regulated pursuant to chapter 332; 
           (n) cosmetologists regulated pursuant to chapter 155A; 
           (o) dentists, registered dental assistants, and dental 
        hygienists regulated pursuant to chapter 150A; 
           (p) detectives regulated pursuant to chapter 326; 
           (q) electricians regulated pursuant to chapter 326; 
           (r) embalmers mortuary science practitioners regulated 
        pursuant to chapter 149 149A; 
           (s) engineers regulated pursuant to chapter 326; 
           (t) insurance brokers and salespersons regulated pursuant 
        to chapter 60A; 
           (u) certified interior designers regulated pursuant to 
        chapter 326; 
           (v) midwives regulated pursuant to chapter 148; 
           (w) morticians regulated pursuant to chapter 149; 
           (x) (w) nursing home administrators regulated pursuant to 
        chapter 144A; 
           (y) (x) optometrists regulated pursuant to chapter 148; 
           (z) (y) osteopathic physicians regulated pursuant to 
        chapter 147; 
           (aa) (z) pharmacists regulated pursuant to chapter 151; 
           (bb) (aa) physical therapists regulated pursuant to chapter 
        148; 
           (cc) (bb) physician assistants regulated pursuant to 
        chapter 147A; 
           (dd) (cc) physicians and surgeons regulated pursuant to 
        chapter 147; 
           (ee) (dd) plumbers regulated pursuant to chapter 326; 
           (ff) (ee) podiatrists regulated pursuant to chapter 153; 
           (gg) (ff) practical nurses regulated pursuant to chapter 
        148; 
           (hh) (gg) professional fund raisers regulated pursuant to 
        chapter 309; 
           (ii) (hh) psychologists regulated pursuant to chapter 148; 
           (jj) (ii) real estate brokers, salespersons, and others 
        regulated pursuant to chapters 82 and 83; 
           (kk) (jj) registered nurses regulated pursuant to chapter 
        148; 
           (ll) (kk) securities brokers, dealers, agents, and 
        investment advisers regulated pursuant to chapter 80A; 
           (mm) (ll) steamfitters regulated pursuant to chapter 326; 
           (nn) (mm) teachers and supervisory and support personnel 
        regulated pursuant to chapter 125; 
           (oo) (nn) veterinarians regulated pursuant to chapter 156; 
           (pp) (oo) water conditioning contractors and installers 
        regulated pursuant to chapter 326; 
           (qq) (pp) water well contractors regulated pursuant to 
        chapter 103I; 
           (rr) (qq) water and waste treatment operators regulated 
        pursuant to chapter 115; 
           (ss) (rr) motor carriers regulated pursuant to chapter 221; 
           (tt) (ss) professional corporations regulated pursuant to 
        chapter 319A; 
           (uu) (tt) real estate appraisers regulated pursuant to 
        chapter 82B; 
           (vv) (uu) residential building contractors, residential 
        remodelers, residential roofers, manufactured home installers, 
        and specialty contractors regulated pursuant to chapter 326; 
           (4) any driver's license required pursuant to chapter 171; 
           (5) any aircraft license required pursuant to chapter 360; 
           (6) any watercraft license required pursuant to chapter 
        86B; 
           (7) any license, permit, registration, certification, or 
        other approval pertaining to a regulatory or management program 
        related to the protection, conservation, or use of or 
        interference with the resources of land, air, or water, which is 
        required to be obtained from a state agency or instrumentality; 
        and 
           (8) any pollution control rule or standard established by 
        the pollution control agency or any health rule or standard 
        established by the commissioner of health or any licensing rule 
        or standard established by the commissioner of human services.  
           Sec. 4.  Minnesota Statutes 1996, section 145.423, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEATH.] If a child described in subdivision 1 
        dies after birth, the body shall be disposed of in accordance 
        with the provisions of sections 145.14 to 145.163 section 
        145.1621. 
           Sec. 5.  [149A.01] [PURPOSE AND SCOPE.] 
           Subdivision 1.  [PURPOSE.] This chapter regulates the 
        removal, preparation, transportation, arrangements for 
        disposition, and final disposition of dead human bodies for 
        purposes of public health and protection of the public. 
           Subd. 2.  [SCOPE.] In Minnesota no person shall, without 
        being licensed by the commissioner of health: 
           (1) take charge of, remove from the place of death, or 
        transport 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. 
           Subd. 3.  [EXCEPTIONS TO LICENSURE.] (a) Except as 
        otherwise provided in this chapter, nothing in this chapter 
        shall in any way interfere with the duties of: 
           (1) an officer of any public institution; 
           (2) an officer of a medical college, county medical 
        society, anatomical association, or accredited college of 
        mortuary science; 
           (3) a donee of an anatomical gift; 
           (4) 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; 
           (5) authorized personnel from a licensed ambulance service 
        in the performance of their duties; 
           (6) licensed medical personnel in the performance of their 
        duties; or 
           (7) the coroner or medical examiner in the performance of 
        the duties of their offices. 
           (b) This chapter does not apply to or interfere with the 
        customs or rites of any culture or recognized religion in the 
        final disposition of their dead, to the extent that the 
        provisions of this chapter are inconsistent with the customs or 
        rites. 
           (c) Noncompensated persons related 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, 
        provided that all actions are in compliance with this chapter. 
           (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. 
           (e) Persons serving internships pursuant to section 
        149A.20, subdivision 6, or students officially 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 are not required to be 
        licensed, provided that the persons or students act under the 
        direct and exclusive supervision of a person holding a current 
        license to practice mortuary science in Minnesota. 
           (f) 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. 
           Sec. 6.  [149A.02] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For purposes of this chapter, the 
        terms defined in this section have the meanings given them. 
           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 of fiberboard, pressed-wood, 
        composition materials, with or without an outside covering, or 
        other like materials. 
           Subd. 3.  [ARRANGEMENTS FOR DISPOSITION.] "Arrangements for 
        disposition" means any action normally taken by a funeral 
        provider in anticipation of or preparation for the entombment, 
        burial in a cemetery, or cremation of a dead human body. 
           Subd. 4.  [CASH ADVANCE ITEM.] "Cash advance item" means 
        any item of service or merchandise described to a purchaser as a 
        "cash advance," "accommodation," "cash disbursement," or similar 
        term.  A cash advance item is also any item obtained from a 
        third party and paid for by the funeral provider on the 
        purchaser's behalf.  Cash advance items include, but are not 
        limited to, cemetery or crematory services, pallbearers, public 
        transportation, clergy honoraria, flowers, musicians or singers, 
        obituary notices, gratuities, and death certificates. 
           Subd. 5.  [CASKET.] "Casket" means a rigid container which 
        is designed for the encasement of a dead human body and is 
        usually constructed of wood, metal, fiberglass, plastic, or like 
        material, and ornamented and lined with fabric. 
           Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
        Minnesota commissioner of health. 
           Subd. 7.  [CREMATED REMAINS.] "Cremated remains" means the 
        postcremation remains of a dead human body. 
           Subd. 8.  [CREMATED REMAINS CONTAINER.] "Cremated remains 
        container" means a receptacle in which postcremation remains are 
        placed. 
           Subd. 9.  [CREMATION.] "Cremation" means the reduction of a 
        dead human body to essential elements through direct exposure to 
        intense heat and flame and the repositioning or movement of the 
        body during the process to facilitate reduction, the processing 
        of the remains after removal from the cremation chamber, 
        placement of the processed remains in a cremated remains 
        container, and release of the cremated remains to an appropriate 
        party. 
           Subd. 10.  [CREMATION CHAMBER.] "Cremation chamber" means 
        the enclosed space within which the cremation of a dead human 
        body is performed. 
           Subd. 11.  [CREMATION CONTAINER.] "Cremation container" 
        means a combustible, closed container resistant to the leakage 
        of bodily fluids into which a dead human body is placed prior to 
        insertion into a cremation chamber for cremation. 
           Subd. 12.  [CREMATORY.] "Crematory" means a building or 
        structure containing one or more cremation chambers or retorts 
        for the cremation of dead human bodies or any person that 
        performs cremations. 
           Subd. 13.  [DIRECT CREMATION.] "Direct cremation" means a 
        disposition of a dead human body by cremation, without formal 
        viewing, visitation, or ceremony with the body present. 
           Subd. 14.  [DISCIPLINARY ACTION.] "Disciplinary action" 
        means any action taken by the commissioner against any person 
        subject to regulation under this chapter for the violation of or 
        the threatened violation of any law, rule, order, stipulation 
        agreement, settlement, compliance agreement, license, or permit 
        adopted, issued, or enforced by the commissioner. 
           Subd. 15.  [EMBALMING.] "Embalming" means the process of 
        disinfecting and preserving a dead human body by chemically 
        treating the body to reduce the presence and growth of 
        organisms, to retard organic decomposition, and to restore an 
        acceptable physical appearance. 
           Subd. 16.  [FINAL DISPOSITION.] "Final disposition" means 
        the entombment, burial in a cemetery, or cremation of a dead 
        human body. 
           Subd. 17.  [FUNERAL ASSOCIATION.] "Funeral association" 
        means a cooperative association that sells or offers to sell 
        funeral goods or services to its members. 
           Subd. 18.  [FUNERAL CEREMONY.] "Funeral ceremony" means a 
        service or rite commemorating the deceased with the body present.
           Subd. 19.  [FUNERAL DIRECTOR.] "Funeral director" means any 
        person who, for compensation, arranges, directs, or supervises 
        funerals, memorial services, or graveside services, or engages 
        in the business or practice of preparing dead human bodies for 
        final disposition by means other than embalming. 
           Subd. 20.  [FUNERAL ESTABLISHMENT.] "Funeral establishment" 
        means any place or premise devoted to or used in the holding, 
        care, or preparation of a dead human body for final disposition 
        or any place used as the office or place of business of any 
        person that provides funeral goods or services to the public. 
           Subd. 21.  [FUNERAL GOODS.] "Funeral goods" means the goods 
        which are sold or offered for sale directly to the public for 
        use in connection with funeral services. 
           Subd. 22.  [FUNERAL PROVIDER.] "Funeral provider" means any 
        person that sells or offers to sell funeral goods or funeral 
        services to the public. 
           Subd. 23.  [FUNERAL SERVICES.] "Funeral services" means any 
        services which may be used to:  (1) care for and prepare dead 
        human bodies for burial, cremation, or other final disposition; 
        and (2) arrange, supervise, or conduct the funeral ceremony or 
        the final disposition of dead human bodies. 
           Subd. 24.  [GRAVESIDE SERVICE.] "Graveside service" means a 
        service or rite, conducted at the place of interment, 
        commemorating the deceased with the body present. 
           Subd. 25.  [IMMEDIATE BURIAL.] "Immediate burial" means a 
        disposition of a dead human body by burial, without formal 
        viewing, visitation, or ceremony with the body present, except 
        for a graveside service. 
           Subd. 26.  [INTERN.] "Intern" means an individual that has 
        met the educational and testing requirements for a license to 
        practice mortuary science in Minnesota, has registered with the 
        commissioner of health, and is engaged in the practice of 
        mortuary science under the direction and supervision of a 
        currently licensed Minnesota mortuary science practitioner. 
           Subd. 27.  [LICENSEE.] "Licensee" means any person that has 
        been issued a license to practice mortuary science, to operate a 
        funeral establishment, or to operate a crematory by the 
        Minnesota commissioner of health. 
           Subd. 28.  [MEMORIAL SERVICE.] "Memorial service" means a 
        ceremony or rite commemorating the deceased without the body 
        present. 
           Subd. 29.  [MORTICIAN.] "Mortician" means any person who, 
        for compensation, practices the art of embalming and arranges, 
        directs, or supervises funerals, memorial services, or graveside 
        services, or engages in the business or practice of preparing 
        dead human bodies for final disposition. 
           Subd. 30.  [MORTUARY SCIENCE.] "Mortuary science" means the 
        study and practice of preparing dead human bodies for final 
        disposition and providing funeral services.  Mortuary science 
        includes any conduct or action associated with the removal, 
        preparation, transportation, arrangements for disposition, or 
        final disposition of dead human bodies, including the actions 
        and duties of a mortician or a funeral director. 
           Subd. 31.  [OUTER BURIAL CONTAINER.] "Outer burial 
        container" means any container which is designed for placement 
        in the grave around a casket or alternative container including, 
        but not limited to, containers commonly known as burial vaults, 
        grave boxes, and grave liners. 
           Subd. 32.  [PERSON.] "Person" means an individual or a 
        firm, corporation, limited liability company, firm, partnership, 
        association, or other legal entity. 
           Subd. 33.  [PRACTICUM STUDENT.] "Practicum student" means a 
        person officially 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. 
           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, care of hair, application of cosmetics, 
        dressing, and casketing. 
           Subd. 35.  [PROCESSING.] "Processing" means the removal of 
        foreign objects and the reduction of the cremated remains by 
        mechanical means including, but not limited to, grinding, 
        crushing, or pulverizing, to a granulated appearance appropriate 
        for final disposition. 
           Subd. 36.  [PROFESSIONAL SERVICES.] "Professional services" 
        means the basic services of the funeral director or mortician 
        and staff that are furnished by the funeral provider in 
        arranging final disposition.  The services include, but are not 
        limited to, conducting the arrangement conference; planning 
        visitations and the funeral, memorial service, or graveside 
        service; arranging for final disposition by securing, preparing, 
        and filing necessary permits and documents; and placing obituary 
        notices. 
           Subd. 37.  [PUBLIC TRANSPORTATION.] "Public transportation" 
        means all manner of transportation via common carrier available 
        to the general public including airlines, buses, railroads, and 
        ships.  For purposes of this chapter, a livery service providing 
        transportation to private funeral establishments or crematories 
        is not public transportation. 
           Subd. 38.  [TRANSPORTATION COSTS.] "Transportation costs" 
        means all costs associated with the use of the vehicle used for 
        the initial transfer of the deceased, the funeral coach, funeral 
        sedans, the flower car, any service or utility vehicles, and 
        public transportation. 
           Subd. 39.  [UNIVERSAL PRECAUTIONS.] "Universal precautions" 
        means the universal blood and body fluid precautions recommended 
        by the United States Public Health Service, Centers for Disease 
        Control, to prevent transmission of blood-borne and body 
        fluid-borne infectious diseases. 
           Subd. 40.  [USE OF FACILITIES.] "Use of facilities" means 
        the provision of a chapel or room for visitation, provision of a 
        chapel or room for the funeral or memorial service, provision of 
        facilities for parking, or provision of office space for 
        administrative or planning purposes. 
           Sec. 7.  [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, and interns; 
           (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. 8.  [149A.04] [ENFORCEMENT.] 
           Subdivision 1.  [GENERAL AUTHORITY.] The provisions of this 
        chapter and all laws, now in force or later enacted, rules, 
        orders, stipulation agreements, settlements, compliance 
        agreements, licenses, and permits adopted or issued for the 
        regulation of the removal, preparation, transportation, 
        arrangements for disposition, or final disposition of dead human 
        bodies or for the regulation of the practice of mortuary science 
        may be enforced under this section. 
           Subd. 2.  [INSPECTIONS.] The commissioner or a designee of 
        the commissioner shall conduct initial licensure inspections and 
        corrective order reinspections.  As a condition of continued 
        licensure, compliance reviews or premises inspections of 
        licensees shall be conducted by the commissioner or a designee 
        of the commissioner at least biennially.  A compliance review or 
        an inspection of the premises of any person subject to 
        regulation under this chapter may also be conducted when the 
        commissioner reasonably suspects that there may be a violation 
        or a threat of a violation of any law now in force or later 
        enacted, rule, order, stipulation agreement, settlement, 
        compliance agreement, license, or permit issued by the 
        commissioner.  When possible, all inspections and compliance 
        reviews shall be conducted without prior notice to the subject 
        of the inspection or review and shall be performed in the 
        presence of the subject of the inspection or review or an 
        authorized representative of the subject of the inspection or 
        review. 
           Subd. 3.  [ACCESS TO INFORMATION AND PROPERTY.] The 
        commissioner or a designee of the commissioner, upon 
        presentation of credentials, may: 
           (1) examine and copy any relevant books, papers, records, 
        memoranda, or data of any person subject to regulation under 
        this chapter; and 
           (2) enter upon any property, public or private, for the 
        purpose of taking any action authorized under this chapter or 
        rules, orders, stipulation agreements, settlements, compliance 
        agreements, licenses, or permits adopted or issued by the 
        commissioner, including obtaining information from a person that 
        has a duty to provide information under this chapter or 
        conducting inspections or investigations. 
           Subd. 4.  [SUBPOENA POWER.] The commissioner may, as part 
        of an investigation, issue subpoenas to require the attendance 
        and testimony of witnesses and production of books, records, 
        correspondence, and other information relevant to any matter 
        involved in the investigation.  The commissioner or the 
        commissioner's designee may administer oaths to witnesses or 
        take their affirmation.  The subpoenas may be served upon any 
        person named therein anywhere in the state by any person 
        authorized to serve subpoenas or other processes in civil 
        actions of the district courts.  If a person to whom a subpoena 
        is issued does not comply with the subpoena, the commissioner 
        may apply to the district court in any district and the court 
        may order compliance with the subpoena.  Failure to obey the 
        order of the court may be punished as contempt of court. 
           Subd. 5.  [DATA ON INVESTIGATIONS AND DISCIPLINARY 
        ACTIONS.] Data relating to any disciplinary measures or actions 
        anticipated or taken by the commissioner are classified as 
        follows: 
           (1) data on persons other than individuals are civil 
        investigative data under section 13.39; 
           (2) data on individuals are licensing data under section 
        13.41; and 
           (3) data on individuals who submit complaints to the 
        commissioner regarding activities or practices regulated under 
        this chapter are confidential data on individuals while an 
        investigation is active and private data on individuals when an 
        investigation becomes inactive.  
           Subd. 6.  [COOPERATION WITH OTHER AUTHORITIES.] The 
        commissioner shall encourage and promote cooperation between and 
        among other state and federal authorities where there is 
        concurrent or overlapping enforcement or licensing jurisdiction. 
           Sec. 9.  [149A.05] [CORRECTION ORDERS.] 
           Subdivision 1.  [AUTHORIZATION.] The commissioner may issue 
        correction orders that require a person subject to regulation 
        under this chapter to correct violations of this chapter or 
        rules, orders, stipulation agreements, settlements, compliance 
        agreements, licenses, and permits adopted or issued by the 
        commissioner. 
           Subd. 2.  [CONTENTS OF ORDER.] The correction order must 
        include: 
           (1) a concise statement of the deficiencies alleged to 
        constitute the violation; 
           (2) a reference to the section of law, rule, order, 
        stipulation agreement, settlement, compliance agreement, 
        license, or permit that has been violated; 
           (3) a statement of the time by and the manner in which the 
        violation must be corrected; and 
           (4) a statement of the right to request a hearing under 
        sections 14.57 to 14.62. 
           Subd. 3.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
        A request for hearing must be in writing, delivered to the 
        commissioner by certified mail within 20 calendar days after the 
        receipt of the correction order, and specifically state the 
        reasons for seeking review of the order.  The commissioner must 
        initiate a hearing within 30 calendar days from the date of 
        receipt of the written request for hearing.  The hearing shall 
        be conducted pursuant to the contested case procedures in 
        sections 14.57 to 14.62.  No earlier than ten calendar days 
        after and within 30 calendar days of receipt of the presiding 
        administrative law judge's report, the commissioner shall issue 
        a final order modifying, vacating, or making permanent the 
        correction order as the facts require.  If, within 20 calendar 
        days of receipt of the correction order, the person that is the 
        subject of the order fails to request a hearing in writing, the 
        correction order becomes the final order of the commissioner. 
           Subd. 4.  [REVIEW OF FINAL ORDER.] A judicial review of the 
        final order issued by the commissioner subsequent to a contested 
        case hearing may be requested in the manner prescribed in 
        sections 14.63 to 14.69.  Failure to request a contested case 
        hearing pursuant to subdivision 3 shall constitute a waiver of 
        the right to further agency or judicial review of the final 
        order. 
           Subd. 5.  [REINSPECTIONS AND EFFECT OF NONCOMPLIANCE.] If 
        upon reinspection, or in the determination of the commissioner, 
        it is found that any deficiency specified in a correction order 
        has not been corrected by the person that is subject to the 
        correction order, that person or entity is in noncompliance.  
        The commissioner shall issue a notice of noncompliance and may 
        impose any additional remedy available under this chapter. 
           Sec. 10.  [149A.06] [ADMINISTRATIVE PENALTY ORDERS.] 
           Subdivision 1.  [AUTHORIZATION.] The commissioner may issue 
        an order requiring violations to be corrected and 
        administratively assessing monetary penalties for violations of 
        this chapter or rules, orders, stipulation agreements, 
        settlements, compliance agreements, licenses, and permits, 
        adopted, enforced, or issued by the commissioner. 
           Subd. 2.  [CONTENTS OF ORDER.] An order assessing an 
        administrative penalty under this section must include: 
           (1) a concise statement of the facts alleged to constitute 
        a violation; 
           (2) a reference to the section of law, rule, order, 
        stipulation agreement, settlement, compliance agreement, 
        license, or permit that has been violated; 
           (3) a statement of the amount of the administrative penalty 
        to be imposed and the factors upon which the penalty is based; 
        and 
           (4) a statement of the right to request a hearing pursuant 
        to sections 14.57 to 14.62. 
           Subd. 3.  [CONCURRENT CORRECTIVE ORDER.] The commissioner 
        may issue an order assessing an administrative penalty and 
        requiring the violations cited in the order to be corrected 
        within 30 calendar days from the date the order is received.  
        The subject of the order shall provide to the commissioner 
        before the 31st day after the order was received, information 
        demonstrating that the violation has been corrected or that a 
        corrective plan, acceptable to the commissioner, has been 
        developed.  The commissioner shall determine whether the 
        violation has been corrected and notify the subject of the order 
        of the commissioner's determination. 
           Subd. 4.  [PENALTY.] If the commissioner determines that 
        the violation has been corrected or an acceptable corrective 
        plan has been developed, the penalty may be forgiven, except, 
        where there are repeated or serious violations, the commissioner 
        may issue an order with a penalty that will not be forgiven 
        after corrective action is taken.  Unless there is a request for 
        review of the order under subdivision 6 before the penalty is 
        due, the penalty is due and payable: 
           (1) on the 31st calendar day after the order was received, 
        if the subject of the order fails to provide information to the 
        commissioner showing that the violation has been corrected or 
        that appropriate steps have been taken toward correcting the 
        violation; 
           (2) on the 20th day after the subject of the order receives 
        the commissioner's determination that the information provided 
        is not sufficient to show that the violation has been corrected 
        or that appropriate steps have been taken toward correcting the 
        violation; or 
           (3) on the 31st day after the order was received where the 
        penalty is for repeated or serious violations and according to 
        the order issued, the penalty will not be forgiven after 
        corrective action is taken. 
           All penalties due under this section are payable to the 
        treasurer, state of Minnesota, and shall be credited to the 
        state government special revenue fund in the state treasury. 
           Subd. 5.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
        maximum amount of administrative penalty orders is $10,000 for 
        each specific violation identified in an inspection, 
        investigation, or compliance review.  
           (b) In determining the amount of the administrative 
        penalty, the commissioner shall consider the following: 
           (1) the willfulness of the violation; 
           (2) the gravity of the violation; 
           (3) the history of past violations; 
           (4) the number of violations; 
           (5) the economic benefit gained by the person allowing or 
        committing the violation; and 
           (6) other factors as justice may require, if the 
        commissioner specifically identifies the additional factors in 
        the commissioner's order. 
           (c) In determining the amount of a penalty for a violation 
        subsequent to an initial violation under paragraph (a), the 
        commissioner shall also consider: 
           (1) the similarity of the most recent previous violation 
        and the violation to be penalized; 
           (2) the time elapsed since the last violation; and 
           (3) the response of the subject of the order to the most 
        recent previous violation. 
           Subd. 6.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
        A request for hearing must be in writing, delivered to the 
        commissioner by certified mail within 20 calendar days after the 
        receipt of the order, and specifically state the reasons for 
        seeking review of the order.  The commissioner must initiate a 
        hearing within 30 calendar days from the date of receipt of the 
        written request for hearing.  The hearing shall be conducted 
        pursuant to the contested case procedures in sections 14.57 to 
        14.62.  No earlier than ten calendar days after and within 30 
        calendar days of receipt of the presiding administrative law 
        judge's report, the commissioner shall, based on all relevant 
        facts, issue a final order modifying, vacating, or making the 
        original order permanent.  If, within 20 calendar days of 
        receipt of the original order, the person that is the subject of 
        the order fails to request a hearing in writing, the order 
        becomes the final order of the commissioner. 
           Subd. 7.  [REVIEW OF FINAL ORDER AND PAYMENT OF PENALTY.] 
        Once the commissioner issues a final order, any penalty due 
        under that order shall be paid within 30 calendar days after the 
        date of the final order, unless review of the final order is 
        requested.  The final order of the commissioner may be appealed 
        in the manner prescribed in sections 14.63 to 14.69.  If the 
        final order is reviewed and upheld, the penalty shall be paid 30 
        calendar days after the date of the decision of the reviewing 
        court.  Failure to request an administrative hearing pursuant to 
        subdivision 6 shall constitute a waiver of the right to further 
        agency or judicial review of the final order. 
           Subd. 8.  [REINSPECTIONS AND EFFECT OF NONCOMPLIANCE.] If 
        upon reinspection, or in the determination of the commissioner, 
        it is found that any deficiency specified in the order has not 
        been corrected or an acceptable corrective plan has not been 
        developed, the person that is subject to the order is in 
        noncompliance.  The commissioner shall issue a notice of 
        noncompliance and may impose any additional remedy available 
        under this chapter. 
           Subd. 9.  [ENFORCEMENT.] The attorney general may proceed 
        on behalf of the commissioner to enforce penalties that are due 
        and payable under this section in any manner provided by law for 
        the collection of debts. 
           Subd. 10.  [REVOCATION; SUSPENSION; DENIAL OF LICENSE; 
        PERMIT; OR REGISTRATION.] Failure to pay penalties owed under 
        this section constitutes grounds for the revocation or 
        suspension of or refusal to reissue a license or permit issued 
        by the commissioner under this chapter. 
           Subd. 11.  [CUMULATIVE REMEDY.] The authority of the 
        commissioner to issue an administrative penalty order is in 
        addition to other lawfully available remedies. 
           Subd. 12.  [MEDIATION.] In addition to review under 
        subdivision 6, the commissioner is authorized to enter into 
        mediation concerning an order issued under this section if the 
        commissioner and the subject of that order agree to mediation. 
           Sec. 11.  [149A.07] [INJUNCTIVE RELIEF.] 
           In addition to any other remedy provided by law, the 
        commissioner may bring an action for injunctive relief in any 
        district court in any district in Minnesota to restrain any 
        person from violation or threatened violation of any law, rule, 
        order, stipulation agreement, settlement, compliance agreement, 
        license, or permit which the commissioner is empowered to 
        enforce, regulate, or issue. 
           Sec. 12.  [149A.08] [CEASE AND DESIST ORDER.] 
           Subdivision 1.  [AUTHORIZATION.] In addition to any other 
        remedy provided by law, the commissioner may issue a cease and 
        desist order to stop a person from violating or threatening to 
        violate any law, rule, order, stipulation agreement, settlement, 
        compliance agreement, license, or permit which the commissioner 
        is empowered to regulate, enforce, or issue. 
           Subd. 2.  [CONTENTS OF ORDER.] The cease and desist order 
        must be in writing, state the specific reason for its issuance, 
        and give notice of the right to request a hearing under sections 
        14.57 to 14.62. 
           Subd. 3.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
        A request for hearing must be in writing, delivered to the 
        commissioner by certified mail within 20 calendar days after the 
        receipt of the cease and desist order, and specifically state 
        the reasons for seeking review of the order.  The commissioner 
        must initiate a hearing within 30 calendar days from the date of 
        receipt of the written request for hearing.  The hearing shall 
        be conducted pursuant to sections 14.57 to 14.62.  No earlier 
        than ten calendar days but within 30 calendar days of receipt of 
        the presiding administrative law judge's report, the 
        commissioner shall issue a final order modifying, vacating, or 
        making permanent the cease and desist order as the facts 
        require.  If, within 20 calendar days of receipt of the cease 
        and desist order, the subject of the order fails to request a 
        hearing in writing, the cease and desist order becomes the final 
        order of the commissioner. 
           Subd. 4.  [REQUEST FOR STAY.] When a request for a stay 
        accompanies a timely hearing request, the commissioner may, in 
        the commissioner's discretion, grant the stay.  If the 
        commissioner does not grant a requested stay, the commissioner 
        shall refer the request to the office of administrative hearings 
        within three working days from the receipt of the request. 
        Within ten calendar days after receiving the request from the 
        commissioner, an administrative law judge shall issue a 
        recommendation to grant or deny the stay.  The commissioner 
        shall grant or deny the stay within five calendar days of 
        receiving the administrative law judge's recommendation. 
           Subd. 5.  [REVIEW OF FINAL ORDER.] A judicial review of the 
        final order issued by the commissioner may be requested in the 
        manner prescribed in sections 14.63 to 14.69.  Failure to 
        request a hearing pursuant to subdivision 3 shall constitute a 
        waiver of the right to further agency or judicial review of the 
        final order. 
           Subd. 6.  [EFFECT OF NONCOMPLIANCE WITH ORDER.] In the 
        event of noncompliance with the cease and desist order, the 
        commissioner may: 
           (1) institute a proceeding in any district court in any 
        district in Minnesota to obtain injunctive relief; 
           (2) impose an administrative penalty, pursuant to section 
        149A.06, for each separate violation; or 
           (3) revoke, suspend, limit, or condition the license or 
        permit issued to the subject of the cease and desist order. 
           Subd. 7.  [ADDITIONAL REMEDIES.] The issuance of a cease 
        and desist order or injunctive relief does not relieve a person 
        subject to regulation under this chapter from criminal 
        prosecution by a competent authority. 
           Sec. 13.  [149A.09] [DENIAL; REFUSAL TO REISSUE; 
        REVOCATION; SUSPENSION; LIMITATION OF LICENSE OR PERMIT.] 
           Subdivision 1.  [DENIAL; REFUSAL TO RENEW; REVOCATION; AND 
        SUSPENSION.] The commissioner may deny, refuse to renew, revoke, 
        or suspend any license or permit applied for or issued pursuant 
        to this chapter when the person subject to regulation under this 
        chapter: 
           (1) does not meet or fails to maintain the minimum 
        qualification for holding a license or permit under this 
        chapter; 
           (2) submits false or misleading material information to the 
        commissioner in connection with a license or permit issued by 
        the commissioner or the application for a license or permit; 
           (3) violates any law, rule, order, stipulation agreement, 
        settlement, compliance agreement, license, or permit that 
        regulates the removal, preparation, transportation, arrangements 
        for disposition, or final disposition of dead human bodies in 
        Minnesota or any other state in the United States; 
           (4) is convicted of a crime, including a finding or verdict 
        of guilt, an admission of guilt, or a no contest plea in any 
        court in Minnesota or any other jurisdiction in the United 
        States.  "Conviction," as used in this subdivision, includes a 
        conviction for an offense which, if committed in this state, 
        would be deemed a felony or gross misdemeanor without regard to 
        its designation elsewhere, or a criminal proceeding where a 
        finding or verdict of guilty is made or returned, but the 
        adjudication of guilt is either withheld or not entered; 
           (5) is convicted of a crime, including a finding or verdict 
        of guilt, an admission of guilt, or a no contest plea in any 
        court in Minnesota or any other jurisdiction in the United 
        States that the commissioner determines is reasonably related to 
        the removal, preparation, transportation, arrangements for 
        disposition or final disposition of dead human bodies, or the 
        practice of mortuary science; 
           (6) is adjudicated as mentally incompetent, mentally ill, 
        mentally retarded, or mentally ill and dangerous to the public; 
           (7) has a conservator or guardian appointed; 
           (8) fails to comply with an order issued by the 
        commissioner or fails to pay an administrative penalty imposed 
        by the commissioner; 
           (9) owes uncontested delinquent taxes in the amount of $500 
        or more to the Minnesota department of revenue, or any other 
        governmental agency authorized to collect taxes anywhere in the 
        United States; 
           (10) is in arrears on any court ordered family or child 
        support obligations; or 
           (11) engages in any conduct that, in the determination of 
        the commissioner, is unprofessional as prescribed in section 
        149A.70, subdivision 7, or renders the person unfit to practice 
        mortuary science or to operate a funeral establishment or 
        crematory. 
           Subd. 2.  [HEARINGS RELATED TO REFUSAL TO RENEW, 
        SUSPENSION, OR REVOCATION OF LICENSE OR PERMIT.] If the 
        commissioner proposes to deny renewal, suspend, or revoke a 
        license or permit issued under this chapter, the commissioner 
        must first notify, in writing, the person against whom the 
        action is proposed to be taken and provide an opportunity to 
        request a hearing under the contested case provisions of 
        sections 14.57 to 14.62.  If the subject of the proposed action 
        does not request a hearing by notifying the commissioner, by 
        mail, within 20 calendar days after the receipt of the notice of 
        proposed action, the commissioner may proceed with the action 
        without a hearing and the action will be the final order of the 
        commissioner. 
           Subd. 3.  [REVIEW OF FINAL ORDER.] A judicial review of the 
        final order issued by the commissioner may be requested in the 
        manner prescribed in sections 14.63 to 14.69.  Failure to 
        request a hearing pursuant to subdivision 2 shall constitute a 
        waiver of the right to further agency or judicial review of the 
        final order. 
           Subd. 4.  [LIMITATIONS OR QUALIFICATIONS PLACED ON LICENSE 
        OR PERMIT.] The commissioner may, where the facts support such 
        action, place reasonable limitations or qualifications on the 
        right to practice mortuary science or to operate a funeral 
        establishment or crematory. 
           Subd. 5.  [RESTORING LICENSE OR PERMIT.] The commissioner 
        may, where there is sufficient reason, restore a license or 
        permit that has been revoked, reduce a period of suspension, or 
        remove limitations or qualifications. 
           Sec. 14.  [149A.10] [ADDITIONAL REMEDIES.] 
           Subdivision 1.  [REIMBURSEMENT OF COSTS.] The commissioner 
        may impose a fee on any person subject to regulation under this 
        chapter to reimburse the department of health for all or part of 
        the cost of contested case proceedings or civil action resulting 
        in disciplinary action, including, but not limited to, the 
        amount paid by the commissioner for services from the office of 
        administrative hearings, attorney fees, court reports, 
        witnesses, reproduction of records, staff time, and other 
        expenses. 
           Subd. 2.  [CONTESTED CASE AND CIVIL ACTION; AWARD OF FEES 
        AND EXPENSES.] In a contested case proceeding or a civil action, 
        the prevailing party other than the state, upon a showing that 
        the position of the state was not substantially justified, shall 
        be awarded fees and other expenses pursuant to sections 14.62, 
        subdivision 3; and 15.471 to 15.474. 
           Subd. 3.  [OTHER ACTIONS.] The commissioner may take any 
        other lawful action justified by the facts of the case. 
           Sec. 15.  [149A.11] [PUBLICATION OF DISCIPLINARY ACTIONS.] 
           At least annually, the commissioner shall publish and make 
        available to the public a description of all disciplinary 
        measures or actions taken by the commissioner.  The publication 
        shall include, for each disciplinary measure or action taken, 
        the name and business address of the licensee or intern, the 
        nature of the misconduct, and the measure or action taken by the 
        commissioner. 
           Sec. 16.  [149A.20] [LICENSE TO PRACTICE MORTUARY SCIENCE.] 
           Subdivision 1.  [LICENSE REQUIRED.] Except as provided in 
        section 149A.01, subdivision 3, any person who takes charge of, 
        removes from the place of death, or transports 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. 
           Subd. 2.  [EFFECTIVE DATE.] The requirements in 
        subdivisions 3 to 13 for initial licensure in mortuary science 
        are effective on July 1, 1997, except as provided in this 
        chapter. 
           Subd. 3.  [AGE REQUIREMENT.] The person must be at least 21 
        years of age. 
           Subd. 4.  [EDUCATIONAL REQUIREMENTS.] (a) Effective on 
        January 1, 1999, 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 college of funeral service education accredited 
        by the American Board of Funeral Service Education. 
           (b) In the interim, from July 1, 1997, to December 31, 
        1998, the educational requirements for initial licensure shall 
        be: 
           (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: 
           (i) communications, including speech and English; 12 
        quarter hours or nine semester hours; 
           (ii) social science, including an introductory course in 
        sociology and psychology; 20 quarter hours or 12 semester hours; 
           (iii) natural science, including general or inorganic 
        chemistry and biology; 20 quarter hours or 12 semester hours; 
           (iv) health education, including personal or community 
        health; three quarter hours or two semester hours; and 
           (v) elective areas; 35 quarter hours or 25 semester hours; 
        and 
           (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. 
           Subd. 5.  [EXAMINATIONS.] After having met the educational 
        requirements of subdivision 4, a person must attain a passing 
        score on the National Board Examination administered by the 
        Conference of Funeral Service Examining Boards of the United 
        States, Inc. or any other examination that, in the determination 
        of the commissioner, adequately and accurately assesses the 
        knowledge and skills required to practice mortuary science.  In 
        addition, a person must attain a passing score on the state 
        licensing examination administered by or on behalf of the 
        commissioner.  The state examination shall encompass the laws 
        and rules of Minnesota that pertain to the practice of mortuary 
        science.  The commissioner shall make available copies of all 
        pertinent laws and rules prior to administration of the state 
        licensing examination. 
           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 the 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 and exclusive 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 and exclusive 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. 
           Subd. 7.  [APPLICATION PROCEDURE AND DOCUMENTATION.] After 
        completing the registered internship, the applicant for an 
        initial license to practice mortuary science must submit to the 
        commissioner a complete application and the appropriate fee.  A 
        complete application includes: 
           (1) a completed application form, as provided by the 
        commissioner; 
           (2) proof of age; 
           (3) an official transcript from each post high school 
        educational institution attended, including colleges of funeral 
        service education; 
           (4) certification of a passing score on the National Board 
        Examination from the commissioner of the Conference of Funeral 
        Service Examining Boards of the United States, Inc.; 
           (5) a copy of the notification of a passing score on the 
        state licensing examination; and 
           (6) a signed, dated, and notarized affidavit from the 
        licensee who supervised the Minnesota internship stating the 
        date the internship began and ended and that both the applicant 
        and the supervising licensee fulfilled the requirements under 
        subdivision 6. 
           Upon receipt of the completed application and appropriate 
        fee, the commissioner shall review and verify all information. 
        Upon completion of the verification process and resolution of 
        any deficiencies in the application information, the 
        commissioner shall make a determination, based on all the 
        information available, to grant or deny licensure.  If the 
        commissioner's determination is to grant licensure, the 
        applicant shall be notified and the license shall issue and 
        remain valid for a period prescribed on the license, but not to 
        exceed one calendar year from the date of issuance of the 
        license.  If the commissioner's determination is to deny 
        licensure, the commissioner must notify the applicant, in 
        writing, of the denial and provide the specific reason for the 
        denial. 
           Subd. 8.  [FEES.] Fees shall be paid to the treasurer, 
        state of Minnesota, and shall be credited to the state 
        government special revenue fund in the state treasury. 
           Subd. 9.  [PERIOD OF LICENSURE.] All licenses to practice 
        mortuary science issued by the commissioner shall be valid for 
        one calendar year, beginning on January 1 and ending on December 
        31 regardless of the date of issuance.  Fees may not be prorated.
           Subd. 10.  [DISPLAY OF LICENSE.] Each license to practice 
        mortuary science must be conspicuously displayed at all times in 
        the holder's place of business.  Conspicuous display means in a 
        location where a member of the general public within the 
        holder's place of business will be able to observe and read the 
        license. 
           Subd. 11.  [NONTRANSFERABILITY OF LICENSE.] A license to 
        practice mortuary science is not assignable or transferable and 
        is not valid for any person other than the individual named. 
           Subd. 12.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 13.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for licensure to 
        practice mortuary science is classified as licensing data under 
        section 13.41, with the exception of the name and address of the 
        applicant.  Upon issuance of a license to practice mortuary 
        science, all application information becomes licensing data 
        under section 13.41, subdivision 4, with the exception of 
        internship case report data as classified under subdivision 6. 
           Sec. 17.  [149A.30] [RECIPROCAL LICENSING.] 
           Subdivision 1.  [LICENSEES OF OTHER STATES.] The 
        commissioner may issue a license to practice mortuary science to 
        a person who holds a current license or other credential from 
        another jurisdiction if the commissioner determines that the 
        requirements for that license or other credential are 
        substantially similar to the requirements under this chapter. 
        The individual seeking reciprocal licensing must: 
           (1) attain a passing score on the Minnesota state licensing 
        examination; 
           (2) submit to the commissioner the documentation described 
        in section 149A.20, subdivision 7, clauses (1) and (5); and 
           (3) pay the appropriate licensing fee. 
           When, in the determination of the commissioner, all of the 
        requirements of this subdivision have been met, the commissioner 
        shall, based on all the information available, grant or deny 
        licensure.  If the commissioner grants licensure, the applicant 
        shall be notified and the license shall issue and remain valid 
        for a period prescribed on the license, but not to exceed one 
        calendar year from the date of issuance of the license.  If the 
        commissioner denies licensure, the commissioner must notify the 
        applicant, in writing, of the denial and provide the specific 
        reason for denial. 
           Subd. 2.  [FEES.] Fees shall be paid to the treasurer, 
        state of Minnesota, and shall be credited to the state 
        government special revenue fund in the state treasury. 
           Subd. 3.  [PERIOD OF LICENSURE.] All reciprocal licenses to 
        practice mortuary science issued by the commissioner shall be 
        valid for one calendar year, beginning on January 1 and ending 
        on December 31 regardless of the date of issuance.  Fees shall 
        not be prorated. 
           Subd. 4.  [DISPLAY OF LICENSE.] Each reciprocal license to 
        practice mortuary science must be conspicuously displayed at all 
        times in the holder's place of business.  Conspicuous display 
        means in a location where a member of the general public within 
        the holder's place of business will be able to observe and read 
        the license. 
           Subd. 5.  [NONTRANSFERABILITY OF LICENSE.] A reciprocal 
        license to practice mortuary science is not assignable or 
        transferable and shall not be valid for any person other than 
        the person named. 
           Subd. 6.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 7.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for reciprocal 
        licensure is classified as licensing data under section 13.41, 
        subdivision 2, with the exception of the name and address of the 
        applicant.  Upon issuance of a license to practice mortuary 
        science, all application information becomes licensing data 
        under section 13.41, subdivision 4. 
           Sec. 18.  [149A.40] [RENEWAL OF LICENSE TO PRACTICE 
        MORTUARY SCIENCE.] 
           Subdivision 1.  [RENEWAL REQUEST.] All licenses to practice 
        mortuary science issued by the commissioner expire on December 
        31 of the calendar year in which the license is issued and must 
        be renewed to remain valid. 
           Subd. 2.  [LIMITED LICENSE; FUNERAL DIRECTOR ONLY.] Any 
        person who held a funeral director only license on July 31, 
        1957, may renew the license under this section.  Individuals 
        practicing under a funeral director only license issued under 
        this subdivision are prohibited from engaging in the practice of 
        embalming a dead human body. 
           Subd. 3.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
        who wish to renew their licenses must submit to the commissioner 
        a completed renewal application and the renewal fee no later 
        than December 31 of the year in which the license was issued.  A 
        completed renewal application includes: 
           (1) a completed renewal application form, as provided by 
        the commissioner; and 
           (2) the appropriate renewal licensing fee. 
           Upon receipt of the completed renewal application and 
        appropriate fee, the commissioner shall review and verify all 
        information.  Upon completion of the verification process and 
        resolution of any deficiencies in the renewal application 
        information, the commissioner shall make a determination, based 
        on all the information available, to reissue or refuse to 
        reissue the license.  If the commissioner's determination is to 
        reissue the license, the applicant shall be notified and the 
        license shall issue and remain valid for a period prescribed on 
        the license, but not to exceed one calendar year from the date 
        of issuance of the license.  If the commissioner's determination 
        is to refuse to reissue the license, section 149A.09, 
        subdivision 2, applies. 
           Subd. 4.  [PENALTY FOR LATE FILING.] Renewal applications 
        received after the expiration date of a license shall result in 
        the assessment of a late filing penalty.  The late filing 
        penalty must be paid before the reissuance of the license and 
        received by the commissioner no later than 31 calendar days 
        after the expiration date of the license. 
           Subd. 5.  [LAPSE OF LICENSE.] A license to practice 
        mortuary science shall automatically lapse when a completed 
        renewal application and renewal fee are not received by the 
        commissioner within 31 calendar days after the expiration date 
        of a license or a late filing penalty assessed under subdivision 
        4 is not received by the commissioner within 31 calendar days 
        after the expiration of a license. 
           Subd. 6.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
        license, the person to whom the license was issued is no longer 
        licensed to practice mortuary science in Minnesota.  The 
        commissioner shall issue a cease and desist order to prevent the 
        individual from engaging in the practice of mortuary science in 
        Minnesota and may pursue any additional lawful remedies as 
        justified by the case. 
           Subd. 7.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
        may restore a lapsed license upon receipt and review of a 
        completed renewal application, renewal fee, and late filing 
        penalty, provided that the receipt is made within one calendar 
        year from the expiration date of the lapsed license and the 
        person has not violated the cease and desist order issued by the 
        commissioner.  If a lapsed license is not restored within one 
        calendar year from the expiration date of the lapsed license, 
        the person to whom the lapsed license was issued cannot be 
        relicensed until the requirements in section 149A.20 are met. 
           Subd. 8.  [RENEWAL FEES.] The renewal fees shall be paid to 
        the treasurer, state of Minnesota, and shall be credited to the 
        state government special revenue fund in the state treasury. 
           Subd. 9.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 10.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for renewal of 
        licensure to practice mortuary science is classified as 
        licensing data under section 13.41, subdivision 2, with the 
        exception of the name and address of the applicant.  Upon 
        reissuance of a license to practice mortuary science, all 
        application information becomes licensing data under section 
        13.41, subdivision 4. 
           Subd. 11.  [CONTINUING EDUCATION.] The commissioner may, 
        upon presentation of an appropriate program of continuing 
        education developed by the Minnesota Funeral Directors 
        Association, require continuing education hours for renewal of a 
        license to practice mortuary science. 
           Sec. 19.  [149A.50] [LICENSE TO OPERATE A FUNERAL 
        ESTABLISHMENT.] 
           Subdivision 1.  [LICENSE REQUIRED.] Except as provided in 
        section 149A.01, subdivision 3, no person shall maintain, 
        manage, or operate a place or premise devoted to or used in the 
        holding, care, or preparation of a dead human body for final 
        disposition, or any place used as the office or place of 
        business for the provision of funeral services, without 
        possessing a valid license to operate a funeral establishment 
        issued by the commissioner of health. 
           Subd. 2.  [REQUIREMENTS FOR FUNERAL ESTABLISHMENT.] A 
        funeral establishment licensed under this section must contain: 
           (1) a preparation and embalming room as described in 
        section 149A.92; and 
           (2) office space for making arrangements. 
           Subd. 3.  [APPLICATION; PROCEDURE; DOCUMENTATION; INITIAL 
        INSPECTION.] An applicant for a license to operate a funeral 
        establishment shall submit to the commissioner a completed 
        application and the appropriate fees.  A completed application 
        includes: 
           (1) a completed application form, as provided by the 
        commissioner; 
           (2) proof of business form and ownership; and 
           (3) proof of liability insurance coverage or other 
        financial documentation, as determined by the commissioner, that 
        demonstrates the applicant's ability to respond in damages for 
        liability arising from the ownership, maintenance, management, 
        or operation of a funeral establishment. 
           Upon receipt of the application and appropriate fee, the 
        commissioner shall review and verify all information.  Upon 
        completion of the verification process and resolution of any 
        deficiencies in the application information, the commissioner 
        shall conduct an initial inspection of the premise to be 
        licensed.  After the inspection and resolution of any 
        deficiencies found, and any reinspections as may be necessary, 
        the commissioner shall make a determination, based on all the 
        information available, to grant or deny licensure.  If the 
        commissioner's determination is to grant the license, the 
        applicant shall be notified and the license shall issue and 
        remain valid for a period prescribed on the license, but not to 
        exceed one calendar year from the date of issuance of the 
        license.  If the commissioner's determination is to deny the 
        license, the commissioner must notify the applicant, in writing, 
        of the denial and provide the specific reason for denial. 
           Subd. 4.  [NONTRANSFERABILITY OF LICENSE.] A license to 
        operate 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.  A 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. 
           Subd. 5.  [DISPLAY OF LICENSE.] Each license to operate a 
        funeral establishment must be conspicuously displayed in the 
        funeral establishment at all times.  Conspicuous display means 
        in a location where a member of the general public within the 
        funeral establishment will be able to observe and read the 
        license. 
           Subd. 6.  [INITIAL LICENSURE AND INSPECTION FEES.] The 
        licensure and inspection fees shall be paid to the treasurer, 
        state of Minnesota, to the credit of the state government 
        special revenue fund in the state treasury. 
           Subd. 7.  [PERIOD OF LICENSURE.] All licenses to operate a 
        funeral establishment issued by the commissioner are valid for a 
        period of one calendar year beginning on July 1 and ending on 
        June 30, regardless of the date of issuance.  Fees shall not be 
        prorated. 
           Subd. 8.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 9.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for a license to 
        operate a funeral establishment is classified as licensing data 
        under section 13.41, subdivision 4. 
           Sec. 20.  [149A.51] [RENEWAL OF LICENSE TO OPERATE A 
        FUNERAL ESTABLISHMENT.] 
           Subdivision 1.  [RENEWAL REQUIRED.] A license to operate a 
        funeral establishment issued by the commissioner expires on June 
        30 following the date of issuance of the license and must be 
        renewed to remain valid. 
           Subd. 2.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
        who wish to renew their licenses must submit to the commissioner 
        a completed renewal application and the renewal fee no later 
        than June 30 following the date the license was issued.  A 
        completed renewal application includes: 
           (1) a completed renewal application form, as provided by 
        the commissioner; and 
           (2) proof of liability insurance coverage or other 
        financial documentation, as determined by the commissioner, that 
        demonstrates the applicant's ability to respond in damages for 
        liability arising from the ownership, maintenance, management, 
        or operation of a funeral establishment. 
           Upon receipt of the completed renewal application and 
        appropriate fee, the commissioner shall review and verify all 
        information.  Upon completion of the verification process and 
        resolution of any deficiencies in the renewal application 
        information, the commissioner shall make a determination, based 
        on all the information available, to reissue or refuse to 
        reissue the license.  If the commissioner's determination is to 
        reissue the license, the applicant shall be notified and the 
        license shall issue and remain valid for a period prescribed on 
        the license, but not to exceed one calendar year from the date 
        of issuance of the license.  If the commissioner's determination 
        is to refuse to reissue the license, section 149A.09, 
        subdivision 2, applies. 
           Subd. 3.  [PENALTY FOR LATE FILING.] Renewal applications 
        received after the expiration date of a license shall result in 
        the assessment of a late filing penalty.  The late filing 
        penalty must be paid prior to the reissuance of the license and 
        received by the commissioner no later than 31 calendar days 
        after the expiration date of the license. 
           Subd. 4.  [LAPSE OF LICENSE.] Licenses to operate funeral 
        establishments shall automatically lapse when a completed 
        renewal application and renewal fee are not received by the 
        commissioner within 31 calendar days after the expiration date 
        of a license or a late filing penalty assessed under subdivision 
        3 is not received by the commissioner within 31 calendar days 
        after the expiration of a license. 
           Subd. 5.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
        license, the person to whom the license was issued is no longer 
        licensed to operate a funeral establishment in Minnesota.  The 
        commissioner shall issue a cease and desist order to prevent the 
        holder of a lapsed license from operating a funeral 
        establishment in Minnesota and may pursue any additional lawful 
        remedies as justified by the case. 
           Subd. 6.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
        may restore a lapsed license upon receipt and review of a 
        completed renewal application, receipt of the renewal fee and 
        late filing penalty, reinspection of the premise, and receipt of 
        the reinspection fee, provided that the receipt is made within 
        one calendar year from the expiration date of the lapsed 
        license, and the cease and desist order issued by the 
        commissioner has not been violated.  If a lapsed license is not 
        restored within one calendar year from the expiration date of 
        the lapsed license, the holder of the lapsed license may not be 
        relicensed until the requirements in section 149A.50 are met. 
           Subd. 7.  [RENEWAL AND REINSPECTION FEES.] The renewal and 
        reinspection fees shall be paid to the treasurer, state of 
        Minnesota, and shall be credited to the state government special 
        revenue fund in the state treasury. 
           Subd. 8.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 9.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for renewal of 
        licensure to operate a funeral establishment is classified as 
        licensing data under section 13.41, subdivision 4. 
           Sec. 21.  [149A.52] [LICENSE TO OPERATE A CREMATORY.] 
           Subdivision 1.  [LICENSE REQUIREMENT.] Except as provided 
        in section 149A.01, subdivision 3, no person shall maintain, 
        manage, or operate a place or premise devoted to or used in the 
        holding and cremation of a dead human body without possessing a 
        valid license to operate a crematory issued by the commissioner 
        of health. 
           Subd. 2.  [REQUIREMENTS FOR CREMATORY.] (a) A crematory 
        licensed under this section must consist of: 
           (1) a building or structure that complies with applicable 
        local and state building codes, zoning laws and ordinances, and 
        environmental standards, containing one or more cremation 
        chambers or retorts for the cremation of dead human bodies; 
           (2) a motorized mechanical device for grinding, crushing, 
        or pulverizing the cremated remains to a granulated appearance 
        appropriate for final disposition; and 
           (3) an appropriate holding facility for dead human bodies 
        awaiting cremation. 
           (b) A crematory licensed under this section may also 
        contain a display room for funeral goods. 
           Subd. 3.  [APPLICATION PROCEDURE; DOCUMENTATION; INITIAL 
        INSPECTION.] An applicant for a license to operate a crematory 
        shall submit to the commissioner a completed application.  A 
        completed application includes: 
           (1) a completed application form, as provided by the 
        commissioner; 
           (2) proof of business form and ownership; and 
           (3) proof of liability insurance coverage or other 
        financial documentation, as determined by the commissioner, that 
        demonstrates the applicant's ability to respond in damages for 
        liability arising from the ownership, maintenance, management, 
        or operation of a crematory. 
           Upon receipt of the application, the commissioner shall 
        review and verify all information.  Upon completion of the 
        verification process and resolution of any deficiencies in the 
        application information, the commissioner shall conduct an 
        initial inspection of the premise to be licensed.  After the 
        inspection and resolution of any deficiencies found and any 
        reinspections as may be necessary, the commissioner shall make a 
        determination, based on all the information available, to grant 
        or deny licensure.  If the commissioner's determination is to 
        grant the license, the applicant shall be notified and the 
        license shall issue and remain valid for a period prescribed on 
        the license, but not to exceed one calendar year from the date 
        of issuance of the license.  If the commissioner's determination 
        is to deny the license, the commissioner must notify the 
        applicant, in writing, of the denial and provide the specific 
        reason for denial. 
           Subd. 4.  [NONTRANSFERABILITY OF LICENSE.] A license to 
        operate 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.  A 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. 
           Subd. 5.  [DISPLAY OF LICENSE.] Each license to operate a 
        crematory must be conspicuously displayed in the crematory at 
        all times.  Conspicuous display means in a location where a 
        member of the general public within the crematory will be able 
        to observe and read the license. 
           Subd. 6.  [PERIOD OF LICENSURE.] All licenses to operate a 
        crematory issued by the commissioner are valid for a period of 
        one calendar year beginning on July 1 and ending on June 30, 
        regardless of the date of issuance. 
           Subd. 7.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 8.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for a license to 
        operate a crematory is classified as licensing data under 
        section 13.41, subdivision 4. 
           Sec. 22.  [149A.53] [RENEWAL OF LICENSE TO OPERATE 
        CREMATORY.] 
           Subdivision 1.  [RENEWAL REQUIRED.] All licenses to operate 
        a crematory issued by the commissioner expire on June 30 
        following the date of issuance of the license and must be 
        renewed to remain valid. 
           Subd. 2.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
        who wish to renew their licenses must submit to the commissioner 
        a completed renewal application no later than June 30 following 
        the date the license was issued.  A completed renewal 
        application includes: 
           (1) a completed renewal application form, as provided by 
        the commissioner; and 
           (2) proof of liability insurance coverage or other 
        financial documentation, as determined by the commissioner, that 
        demonstrates the applicant's ability to respond in damages for 
        liability arising from the ownership, maintenance, management, 
        or operation of a crematory. 
           Upon receipt of the completed renewal application, the 
        commissioner shall review and verify the information.  Upon 
        completion of the verification process and resolution of any 
        deficiencies in the renewal application information, the 
        commissioner shall make a determination, based on all the 
        information available, to reissue or refuse to reissue the 
        license.  If the commissioner's determination is to reissue the 
        license, the applicant shall be notified and the license shall 
        issue and remain valid for a period prescribed on the license, 
        but not to exceed one calendar year from the date of issuance of 
        the license.  If the commissioner's determination is to refuse 
        to reissue the license, section 149A.09, subdivision 2, applies. 
           Subd. 3.  [PENALTY FOR LATE FILING.] Renewal applications 
        received after the expiration date of a license will result in 
        the assessment of a late filing penalty.  The late filing 
        penalty must be paid before the reissuance of the license and 
        received by the commissioner no later than 31 calendar days 
        after the expiration date of the license. 
           Subd. 4.  [LAPSE OF LICENSE.] Licenses to operate 
        crematories shall automatically lapse when a completed renewal 
        application is not received by the commissioner within 31 
        calendar days after the expiration date of a license, or a late 
        filing penalty assessed under subdivision 3 is not received by 
        the commissioner within 31 calendar days after the expiration of 
        a license. 
           Subd. 5.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
        license, the person to whom the license was issued is no longer 
        licensed to operate a crematory in Minnesota.  The commissioner 
        shall issue a cease and desist order to prevent the lapsed 
        license holder from operating a crematory in Minnesota and may 
        pursue any additional lawful remedies as justified by the case. 
           Subd. 6.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
        may restore a lapsed license upon receipt and review of a 
        completed renewal application, receipt of the late filing 
        penalty, and reinspection of the premise, provided that the 
        receipt is made within one calendar year from the expiration 
        date of the lapsed license and the cease and desist order issued 
        by the commissioner has not been violated.  If a lapsed license 
        is not restored within one calendar year from the expiration 
        date of the lapsed license, the holder of the lapsed license 
        cannot be relicensed until the requirements in section 149A.52 
        are met. 
           Subd. 7.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
        change of license information must be reported to the 
        commissioner, on forms provided by the commissioner, no later 
        than 30 calendar days after the change occurs.  Failure to 
        report changes is grounds for disciplinary action. 
           Subd. 8.  [APPLICATION INFORMATION.] All information 
        submitted to the commissioner by an applicant for renewal of 
        licensure to operate a crematory is classified as licensing data 
        under section 13.41, subdivision 4. 
           Sec. 23.  [149A.60] [PROHIBITED CONDUCT.] 
           The commissioner may impose disciplinary measures or take 
        disciplinary action against a person whose conduct is subject to 
        regulation under this chapter for failure to comply with any 
        provision of this chapter or laws, rules, orders, stipulation 
        agreements, settlements, compliance agreements, licenses, and 
        permits adopted, or issued for the regulation of the removal, 
        preparation, transportation, arrangements for disposition or 
        final disposition of dead human bodies, or for the regulation of 
        the practice of mortuary science. 
           Sec. 24.  [149A.61] [COMPLAINTS; REPORTING OBLIGATIONS; 
        FORM; RESPONSE.] 
           Subdivision 1.  [PERMISSION TO REPORT.] Any person, agency, 
        political subdivision, organization, or association that has 
        knowledge of any conduct constituting grounds for disciplinary 
        action relating to licensure, licensed activities or practices, 
        or unlicensed activities under this chapter may report the 
        conduct to the commissioner. 
           Subd. 2.  [INSTITUTIONS.] A federal or state agency, 
        political subdivision, agency of a local unit of government, or 
        private agency or organization located in this state or any 
        other state in the United States may report to the commissioner 
        any conduct that is regulated under this chapter and that might 
        constitute grounds for disciplinary action.  The agency, 
        political subdivision, or organization may report:  
           (1) any action taken to revoke, suspend, restrict, or 
        condition a license issued by the agency, political subdivision, 
        or organization; 
           (2) any denial of privileges granted by the agency, 
        political subdivision, or organization; 
           (3) the resignation of any licensee prior to the conclusion 
        of any disciplinary action or proceeding for conduct that might 
        constitute grounds for disciplinary action under this chapter; 
        or 
           (4) any other disciplinary action taken by the agency, 
        political subdivision, or organization for conduct that might 
        constitute grounds for disciplinary action under this chapter. 
           Subd. 3.  [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A 
        national, regional, state, or local professional society or 
        association for licensees may forward to the commissioner any 
        complaint received concerning conduct or activity that is 
        regulated under this chapter.  The society or association may 
        report to the commissioner any disciplinary action taken against 
        a member of that society or association. 
           Subd. 4.  [LICENSEES AND INTERNS.] A licensee or intern 
        regulated under this chapter may report to the commissioner any 
        conduct that the licensee or intern has personal knowledge of, 
        and reasonably believes constitutes grounds for, disciplinary 
        action under this chapter. 
           Subd. 5.  [COURTS.] The court administrator of district 
        court or any court of competent jurisdiction shall report to the 
        commissioner any judgment or other determination of the court 
        that adjudges or includes a finding that a licensee or intern is 
        mentally ill, mentally incompetent, guilty of a felony or gross 
        misdemeanor, guilty of violations of federal or state narcotics 
        laws or controlled substances acts; appoints a guardian or 
        conservator for the licensee or intern; or commits a licensee or 
        intern. 
           Subd. 6.  [COMPLAINT FORM.] Complaints or reports made 
        under this section may be submitted to the commissioner on forms 
        provided by the commissioner.  The commissioner, where 
        appropriate, shall provide each complainant with a written 
        acknowledgment of the receipt of the completed complaint form. 
           Subd. 7.  [INFORMATION TO COMPLAINANT.] The commissioner 
        shall furnish to a complainant a statement of the result of an 
        investigation of the complaint and a description of the 
        activities and actions of the commissioner relating to the 
        complaint to the extent that the statement is consistent with 
        section 149A.04, subdivision 5. 
           Subd. 8.  [CLASSIFICATION OF DATA.] Section 149A.04, 
        subdivision 5, applies to data submitted to the commissioner 
        under this section. 
           Sec. 25.  [149A.62] [IMMUNITY; REPORTING.] 
           Any person, private agency, organization, society, 
        association, licensee, or intern who, in good faith, submits 
        information to the commissioner under section 149A.61 or 
        otherwise reports violations or alleged violations of this 
        chapter, is immune from civil liability or criminal 
        prosecution.  This section does not prohibit disciplinary action 
        taken by the commissioner against any licensee or intern 
        pursuant to a self report of a violation. 
           Sec. 26.  [149A.63] [PROFESSIONAL COOPERATION.] 
           A licensee, intern, or applicant for licensure under this 
        chapter that is the subject of an inspection or investigation by 
        the commissioner or the commissioner's designee shall cooperate 
        fully with the inspection or investigation.  Failure to 
        cooperate constitutes grounds for disciplinary action under this 
        chapter. 
           Sec. 27.  [149A.70] [BUSINESS PRACTICES.] 
           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, 
        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. 
           Subd. 2.  [BUSINESS LOCATION.] A funeral establishment or 
        crematory shall not do business in a location that is not 
        licensed as a funeral establishment or crematory and shall not 
        advertise a service that is available from an unlicensed 
        location. 
           Subd. 3.  [ADVERTISING.] No licensee 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. 
           Subd. 4.  [SOLICITATION OF BUSINESS.] No licensee shall 
        directly or indirectly pay or cause to be paid any sum of money 
        or other valuable consideration for the securing of business or 
        for obtaining the authority to dispose of any dead human body. 
           For purposes of this subdivision, licensee includes a 
        registered intern or any agent, representative, employee, or 
        person acting on behalf of the licensee. 
           Subd. 5.  [OFFER; SOLICITATION OR ACCEPTANCE OF FEES; 
        COMMISSIONS; OR OTHER REIMBURSEMENT.] No licensee 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 in specific 
        crematory, mausoleum, or cemetery. 
           Subd. 6.  [USE OF UNLICENSED PERSONNEL; INTERNS; AND 
        PRACTICUM STUDENTS.] Except as otherwise provided in this 
        chapter, a licensed funeral establishment may employ unlicensed 
        personnel to perform the duties of a funeral director or 
        mortician so 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. 
           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 permit; or 
           (8) knowingly making a false statement on a certificate of 
        death. 
           Sec. 28.  [149A.71] [FUNERAL INDUSTRY PRACTICES; PRICE 
        DISCLOSURES.] 
           Subdivision 1.  [UNFAIR OR DECEPTIVE ACTS OR PRACTICES.] In 
        selling or offering to sell funeral goods or funeral services to 
        the public, it is an unfair or deceptive act or practice for a 
        funeral provider to fail to furnish accurate price information 
        disclosing the cost to the purchaser for each of the specific 
        funeral goods and funeral services used in connection with the 
        disposition of dead human bodies to persons inquiring about the 
        purchase of funerals.  Any funeral provider who complies with 
        the preventive requirements in subdivision 2 is not engaged in 
        the unfair or deceptive acts or practices defined in this 
        section. 
           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, separate printed or typewritten price lists.  
        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; and 
           (4) cremation containers and cremated remains containers. 
           (d) Each separate price list must contain the name of the 
        funeral provider's place of business and a caption describing 
        the list as a price list for one of the types of funeral goods 
        described in paragraph (c), clauses (1) to (4).  The funeral 
        provider must offer the list upon beginning discussion of, but 
        in any event before showing, the specific funeral 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 offered which do 
        not require special ordering, enough information to identify 
        each, and the effective date for the price list.  In 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.  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 or typewritten 
        price list, for retention, to persons who inquire in person 
        about the funeral goods or funeral 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 
        or funeral 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 or funeral 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; and 
           (xiii) limousine; 
           (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 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 
        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 
        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 and 
        cremated remains containers offered by the funeral provider, 
        together with the statement "A complete price list will be 
        provided at the funeral establishment." or the prices of 
        individual cremation containers and cremated remains containers, 
        as disclosed in the manner described in paragraphs (c) and (d); 
           (9) the price for the basic services of funeral director 
        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; 
           (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. 
           (f) Funeral providers must give an itemized written 
        statement, for retention, to each consumer who arranges a 
        funeral or other disposition of human remains at the conclusion 
        of the discussion of the arrangements.  The itemized written 
        statement must be signed by the consumer selecting the goods and 
        services and the licensed funeral director or mortician planning 
        the arrangements.  The statement must list the funeral goods and 
        funeral 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.  The 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. 
           (g) Funeral 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. 
           Subd. 3.  [PRICES DISPLAYED.] Any funeral provider who 
        sells or offers to sell funeral goods to the public shall, at 
        all times, display the retail price of all displayed funeral 
        goods in a conspicuous place on the goods.  "Conspicuous place" 
        means a place where any consumer viewing the funeral goods would 
        be able to see and read the price and reasonably understand that 
        the price seen is the price of the funeral goods viewed. 
        Displayed funeral goods are those goods that the funeral 
        provider regularly maintains in inventory and makes available 
        for viewing and purchase by the consumer. 
           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 container to the public must maintain a 
        record of each sale that includes the name of the purchaser, the 
        purchaser's mailing address, the name of the decedent, the date 
        of the decedent's death, and the place of death.  These records 
        shall be open to inspection by the commissioner and reported to 
        the commissioner.  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 enclose within the casket, alternate container, or 
        cremation container information provided by the commissioner 
        that includes a blank certificate of death, and a copy of the 
        statutes and rules controlling the removal, preparation, 
        transportation, arrangements for disposition, and final 
        disposition of a dead human body.  This section does not apply 
        to morticians, funeral directors, funeral establishments, 
        crematories, or wholesale distributors of caskets, alternate 
        containers, or cremation containers. 
           Sec. 29.  [149A.72] [FUNERAL INDUSTRY PRACTICES; 
        MISREPRESENTATIONS.] 
           Subdivision 1.  [EMBALMING PROVISIONS; DECEPTIVE ACTS OR 
        PRACTICES.] In selling or offering to sell funeral goods or 
        funeral services to the public, it is a deceptive act or 
        practice for a funeral provider to represent that state or local 
        law requires that a dead human body be embalmed when that is not 
        the case or to fail to disclose that embalming is not required 
        by law except in certain cases. 
           Subd. 2.  [EMBALMING PROVISIONS; PREVENTIVE REQUIREMENTS.] 
        To prevent deceptive acts or practices, a funeral provider must 
        not represent that a dead human body is required to be embalmed 
        for direct cremation, immediate burial, or a closed casket 
        funeral without viewing or visitation, when refrigeration is 
        available and when not required by law.  The funeral provider 
        must also place the following disclosure on the general price 
        list, described in section 149A.71, subdivision 2, paragraph 
        (e), in immediate conjunction with the price shown for 
        embalming:  "Except in certain cases, embalming is not required 
        by law.  Embalming may be necessary, however, if you select 
        certain funeral arrangements, such as a funeral with viewing.  
        If you do not want embalming, you usually have the right to 
        choose an arrangement that does not require you to pay for it, 
        such as direct cremation or immediate burial." 
           Subd. 3.  [CASKET FOR CREMATION PROVISIONS; DECEPTIVE ACTS 
        OR PRACTICES.] In selling or offering to sell funeral goods or 
        funeral services to the public, it is a deceptive act or 
        practice for a funeral provider to represent that a casket is 
        required for cremations by state or local law or otherwise. 
           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:  "If you want 
        to arrange a cremation, you can use a cremation container.  A 
        cremation container is a combustible, closed container resistant 
        to the leakage of bodily fluids, that encases the body and can 
        be made of materials like fiberboard or composition materials 
        (with or without an outside covering).  The containers we 
        provide are (specify containers provided)."  This disclosure is 
        required only if the funeral provider arranges direct cremations.
           Subd. 5.  [RENTAL CASKETS; DECEPTIVE ACTS OR PRACTICES.] In 
        selling or offering to sell funeral goods or funeral services to 
        the public, it is a deceptive act or practice for a funeral 
        provider to fail to disclose that a casket has been used in a 
        previous funeral ceremony when that is the case. 
           Subd. 6.  [RENTAL CASKETS; PREVENTIVE MEASURES.] To prevent 
        deceptive acts or practices, funeral providers must place the 
        following disclosure in immediate conjunction with the prices 
        shown for funeral services where a casket may be rented rather 
        than purchased:  "If you choose a funeral service where a rental 
        casket is provided, the casket used for the funeral service may 
        have been used in a previous funeral service.  If the casket has 
        been used in a previous funeral service, the interior lining has 
        either been replaced or thoroughly cleaned." 
           Subd. 7.  [OUTER BURIAL CONTAINER PROVISIONS; DECEPTIVE 
        ACTS OR PRACTICES.] In selling or offering to sell funeral goods 
        or funeral services to the public, it is a deceptive act or 
        practice for a funeral provider to represent that state or local 
        laws or regulations, or particular cemeteries, require outer 
        burial containers when that is not the case or to fail to 
        disclose to consumers arranging funerals that state law or local 
        law does not require the purchase of an outer burial container. 
           Subd. 8.  [OUTER BURIAL CONTAINER PROVISIONS; PREVENTIVE 
        REQUIREMENTS.] To prevent deceptive acts or practices, funeral 
        providers must place the following disclosure on the outer 
        burial container price list, described in section 149A.71, 
        subdivision 2, paragraph (c), or, if the prices of outer burial 
        containers are listed on the general price list, described in 
        section 149A.71, subdivision 2, paragraph (e), in immediate 
        conjunction with those prices:  "In most areas of the country, 
        state or local law does not require that you buy a container to 
        surround the casket in the grave.  However, many cemeteries 
        require that you have such a container so that the grave will 
        not sink in.  Either a grave liner or a burial vault will 
        satisfy these requirements." 
           Subd. 9.  [GENERAL PROVISIONS ON LEGAL AND CEMETERY 
        REQUIREMENTS; DECEPTIVE ACTS OR PRACTICES.] In selling or 
        offering to sell funeral goods or funeral services to the 
        public, it is a deceptive act or practice for a funeral provider 
        to represent that federal, state, or local laws, or particular 
        cemeteries or crematories, require the purchase of any funeral 
        goods or funeral services when that is not the case. 
           Subd. 10.  [GENERAL PROVISIONS ON LEGAL AND CEMETERY 
        REQUIREMENTS; PREVENTIVE REQUIREMENTS.] To prevent deceptive 
        acts or practices, funeral providers must identify and briefly 
        describe in writing on the statement of funeral goods and 
        services selected, as described in section 149A.71, subdivision 
        2, paragraph (f), any legal, cemetery, or crematory requirement 
        which the funeral provider represents to consumers as compelling 
        the purchase of funeral goods or funeral services for the 
        funeral which that consumer is arranging. 
           Subd. 11.  [PROVISIONS ON PRESERVATIVE AND PROTECTIVE VALUE 
        CLAIMS; DECEPTIVE ACTS OR PRACTICES.] In selling or offering to 
        sell funeral goods or funeral services to the public, it is a 
        deceptive act or practice for a funeral provider to represent 
        that funeral goods or funeral services will delay the natural 
        decomposition of human remains for a long term or indefinite 
        time or to represent that funeral goods have protective 
        features, beyond a lid sealing casket, or will protect the body 
        from grave site substances, when that is not the case. 
           Subd. 12.  [CASH ADVANCE PROVISIONS; DECEPTIVE ACTS OR 
        PRACTICES.] In selling or offering to sell funeral goods or 
        funeral services to the public, it is a deceptive act or 
        practice for a funeral provider to represent that the price 
        charged for a cash advance item is the same as the cost to the 
        funeral provider for the item when that is not the case or to 
        fail to disclose to the consumer arranging the funeral that the 
        price charged for a cash advance item is not the same as the 
        cost to the funeral provider when that is not the case. 
           Subd. 13.  [CASH ADVANCE PROVISIONS; PREVENTIVE 
        REQUIREMENTS.] To prevent deceptive acts or practices, funeral 
        providers must place the following sentence in the itemized 
        statement of funeral goods and services selected, in immediate 
        conjunction with the list of itemized cash advance items 
        required by section 149A.71, subdivision 2, paragraph (f):  "We 
        charge you for our services in obtaining (specify cash advance 
        items provided).", if the funeral provider makes a charge upon, 
        or receives and retains a rebate, commission, or trade or volume 
        discount upon a cash advance item. 
           Sec. 30.  [149A.73] [FUNERAL INDUSTRY PRACTICES; REQUIRED 
        PURCHASE OF FUNERAL GOODS OR FUNERAL SERVICES.] 
           Subdivision 1.  [CASKET FOR CREMATION PROVISIONS; DECEPTIVE 
        ACTS OR PRACTICES.] In selling or offering to sell funeral goods 
        or funeral services to the public, it is a deceptive act or 
        practice for a funeral provider to require that a casket be 
        purchased for cremation. 
           Subd. 2.  [CASKET FOR CREMATION; PREVENTIVE 
        REQUIREMENTS.] To prevent unfair or deceptive acts or practices, 
        if funeral providers arrange cremations, they must make a 
        cremation container available for cremations. 
           Subd. 3.  [OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR 
        FUNERAL SERVICES; DECEPTIVE ACTS OR PRACTICES.] In selling or 
        offering to sell funeral goods or funeral services to the 
        public, it is a deceptive act or practice for a funeral provider 
        to condition the furnishing of any funeral good or funeral 
        service to a consumer arranging a funeral upon the purchase of 
        any other funeral good or funeral service, except as may be 
        otherwise required by law or to charge any fee as a condition to 
        furnishing any funeral goods or funeral services to a consumer 
        arranging a funeral, other than the fees for services of funeral 
        director and staff, other funeral services and funeral goods 
        selected by the purchaser, and other funeral goods or services 
        required to be purchased, as explained on the itemized statement 
        in accordance with section 149A.72, subdivision 10. 
           Subd. 4.  [OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR 
        FUNERAL SERVICES; PREVENTIVE REQUIREMENTS.] To prevent unfair or 
        deceptive acts or practices, funeral providers must place the 
        following disclosure in the general price list, immediately 
        above the prices required by section 149A.71, subdivision 2, 
        paragraph (e), clauses (4) to (10):  "The goods and services 
        shown below are those we can provide to our customers.  You may 
        choose only the items you desire.  If legal or other 
        requirements mean that you must buy any items you did not 
        specifically ask for, we will explain the reason in writing on 
        the statement we provide describing the funeral goods and 
        services you selected."  However, if the charge for "services of 
        funeral director and staff" cannot be declined by the purchaser, 
        the statement shall include the sentence "However, any funeral 
        arrangements you select will include a charge for our basic 
        services." between the second and third sentences of the 
        sentences specified in this subdivision.  The statement may 
        include the phrase "and overhead" after the word "services" if 
        the fee includes a charge for the recovery of unallocated 
        funeral overhead.  If the funeral provider does not include this 
        disclosure statement, then the following disclosure statement 
        must be placed in the statement of funeral goods and services 
        selected, as described in section 149A.71, subdivision 2, 
        paragraph (f):  "Charges are only for those items that you 
        selected or that are required.  If we are required by law or by 
        a cemetery or crematory to use any items, we will explain the 
        reasons in writing below."  A funeral provider is not in 
        violation of this subdivision by failing to comply with a 
        request for a combination of goods or services which would be 
        impossible, impractical, or excessively burdensome to provide. 
           Sec. 31.  [149A.74] [FUNERAL INDUSTRY PRACTICES; SERVICES 
        PROVIDED WITHOUT PRIOR APPROVAL.] 
           Subdivision 1.  [SERVICES PROVIDED WITHOUT PRIOR APPROVAL; 
        DECEPTIVE ACTS OR PRACTICES.] In selling or offering to sell 
        funeral goods or funeral services to the public, it is a 
        deceptive act or practice for any funeral provider to embalm a 
        dead human body unless state or local law or regulation requires 
        embalming in the particular circumstances regardless of any 
        funeral choice which might be made, or prior approval for 
        embalming has been obtained from an individual legally 
        authorized to make such a decision, 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.  In 
        seeking approval to embalm, the funeral provider must disclose 
        that embalming is not required by law except in certain 
        circumstances; that a fee will be charged if a funeral is 
        selected which requires embalming, such as a funeral with 
        viewing; and that no fee will be charged if the family selects a 
        service which does not require embalming, such as direct 
        cremation or immediate burial. 
           Subd. 2.  [SERVICES PROVIDED WITHOUT PRIOR APPROVAL; 
        PREVENTIVE REQUIREMENT.] To prevent unfair or deceptive acts or 
        practices, funeral providers must include on the itemized 
        statement of funeral goods or services, as described in section 
        149A.71, subdivision 2, paragraph (f), the statement "If you 
        selected a funeral that may require embalming, such as a funeral 
        with viewing, you may have to pay for embalming.  You do not 
        have to pay for embalming you did not approve if you selected 
        arrangements such as direct cremation or immediate burial.  If 
        we charged for embalming, we will explain why below." 
           Sec. 32.  [149A.75] [FUNERAL INDUSTRY PRACTICES; RETENTION 
        OF DOCUMENTS.] 
           Funeral providers must retain and make available for 
        inspection true and accurate copies of the applicable price 
        lists specified in section 149A.71, subdivision 2, paragraphs 
        (c) to (e), for a minimum of one calendar year after the date of 
        their last distribution to customers.  In addition, funeral 
        providers must retain a copy of each statement of funeral goods 
        and services selected, as described in section 149A.71, 
        subdivision 2, paragraph (f), for a minimum of three calendar 
        years from the date of the arrangement conference.  Following 
        this period and subject to any other laws requiring retention of 
        records, the funeral provider 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 arrangement conference.  At the end 
        of this period and subject to any other laws requiring retention 
        of records, the funeral provider may destroy the records by 
        shredding, incineration, or any other manner that protects the 
        privacy of the individuals identified in the records. 
           Sec. 33.  [149A.76] [FUNERAL INDUSTRY PRACTICES; 
        COMPREHENSION OF DISCLOSURES.] 
           Funeral providers must make all disclosures required under 
        sections 149A.71 to 149A.74 in a clear and conspicuous manner. 
           Sec. 34.  [149A.80] [DEATH; RIGHT TO CONTROL AND DUTY OF 
        DISPOSITION.] 
           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.  The 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. 
           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 named: 
           (1) the person designated in a dated written instrument 
        signed by the decedent.  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 surviving, legally recognized spouse; 
           (3) the surviving biological or adopted child or children 
        of the decedent over the age of majority, 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 decedent; 
           (5) the surviving biological or adopted sibling or siblings 
        of the decedent over the age of majority, 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. 
           Subd. 3.  [ESTRANGED PERSONS.] Where there is only one 
        person in a degree of relationship to the decedent described in 
        subdivision 2, clauses (1) to (6), and a district court pursuant 
        to subdivision 5, determines that the person and the decedent 
        were estranged at the time of death, the right to control and 
        the duty of disposition shall devolve to the person or persons 
        in the next degree of relationship pursuant to subdivision 2, 
        clauses (1) to (6).  For purposes of this subdivision, 
        "estranged" means having a relationship characterized by mutual 
        enmity, hostility, or indifference. 
           Subd. 4.  [REFUSAL OF RIGHT TO CONTROL AND DUTY OF 
        DISPOSITION.] If a person or persons to whom the right to 
        control and duty of disposition devolve pursuant to subdivision 
        2, clauses (1) to (6), refuses to accept or declines to act upon 
        the right or duty, that right and duty shall pass as follows: 
           (1) to another person or persons with the same degree of 
        relationship to the decedent as the person or persons refusing 
        to accept or declining to act; or 
           (2) to the person or persons in the next degree of 
        relationship to the decedent pursuant to subdivision 2, clauses 
        (1) to (6). 
           Subd. 5.  [DISPUTES.] When a dispute exists regarding the 
        right to control or duty of disposition, the parties in dispute 
        or the mortician or funeral director may file a petition in the 
        district court in the county of residence of the decedent 
        requesting that the court make a determination in the matter. 
        Should the right to control and duty of disposition devolve to 
        more than one person with the same degree of relationship to the 
        decedent and those persons cannot, by majority vote, make a 
        decision regarding arrangements and final disposition and a 
        district court has been petitioned to make a determination, the 
        court shall consider the following factors in making its 
        determination: 
           (1) the reasonableness, practicality, and resources 
        available for payment of the proposed arrangements and final 
        disposition; 
           (2) the degree of the personal relationship between the 
        decedent and each of the persons in the same degree of 
        relationship to the decedent; 
           (3) the expressed wishes and directions of the decedent and 
        the extent to which the decedent has provided resources for the 
        purpose of carrying out the wishes or directions; and 
           (4) the degree to which the arrangements and final 
        disposition will allow for participation by all who wish to pay 
        respect to the decedent. 
           Subd. 6.  [CONTROL BY FUNERAL DIRECTOR OR MORTICIAN.] A 
        funeral director or mortician shall have complete authority to 
        control the final disposition and to proceed under this chapter 
        to recover reasonable charges for the final disposition when 
        both of the following apply: 
           (1) the funeral director or mortician has actual knowledge 
        that none of the persons described in subdivision 2, clauses (1) 
        to (6), exist or that none of the persons so described can be 
        found after reasonable inquiry or contacted by reasonable means; 
        and 
           (2) the appropriate public or court authority fails to 
        assume responsibility for disposition of the remains within 36 
        hours after having been given written notice of the facts. 
        Written notice may be delivered by hand, United States mail, 
        facsimile transmission, or telegraph. 
           Subd. 7.  [IMMUNITY.] A funeral director or mortician shall 
        not be subject to criminal prosecution or civil liability for 
        carrying out the otherwise lawful instructions of the decedent 
        or the person or persons whom the funeral director or mortician 
        reasonably believes is entitled to control the final disposition.
           Subd. 8.  [LIABILITY FOR COST OF FINAL DISPOSITION.] In 
        addition to separate contractual obligations, the liability for 
        the reasonable cost of final disposition devolves upon the 
        estate of the decedent, regardless of whether testate or 
        intestate, and the distributees of the estate pursuant to 
        chapter 524, the uniform probate code.  In the case of persons 
        who die without apparent financial means to provide for final 
        disposition, control of final disposition and liability devolves 
        to the county board of the county in which the death occurred, 
        pursuant to section 261.035.  In the case of unclaimed bodies 
        delivered for dissection pursuant to section 525.9213 and 
        anatomical gifts of the entire body made pursuant to section 
        149A.81, subdivision 2, subject to the terms of the gift, 
        liability for transportation and final disposition shall be 
        borne by the institution receiving the body. 
           Subd. 9.  [INTERFERENCE WITH BODY OR FINAL DISPOSITION.] 
        Any person that arrests, attaches, detains, or claims to detain 
        any human remains for any debt or demand, or upon any pretended 
        lien or charge, or who, without authority of law, obstructs or 
        detains a person charged with the duty or engaged in the final 
        disposition of a dead human body, or fails to release any dead 
        human body upon the receipt of authorization for the release 
        signed by a person or persons entitled to custody of the body is 
        guilty of a misdemeanor.  Criminal prosecution shall not 
        preclude the commissioner from taking any other lawful 
        disciplinary action. 
           Sec. 35.  [149A.81] [ANATOMICAL GIFTS.] 
           Subdivision 1.  [DUTY OF DISPOSITION; GIFT OF PART OF A 
        BODY.] This chapter does not apply to or interfere with the 
        making of an anatomical gift under sections 525.921 to 525.9224, 
        except as provided in this subdivision. 
           When the anatomical gift is of a part of a body, after 
        procurement of the gift organ or organs, custody of the 
        remainder of the body vests in the person or persons under legal 
        obligation to dispose of the body under section 149A.80.  Once 
        an anatomical gift has been made and custody of the body has 
        passed from the donee to the person or persons lawfully entitled 
        or obligated to dispose of the body, the provisions of this 
        chapter apply. 
           Subd. 2.  [DUTY OF DISPOSITION; GIFT OF WHOLE BODY.] When 
        the gift is of the whole body, after it has served the purpose 
        of the gift, subject to the terms of the gift, the body shall be 
        decently buried in a public or private cemetery or cremated and 
        disposed of in any lawful manner and the expense of transporting 
        and burying or cremating the body shall be borne by the donee of 
        the body.  Where the donee allows embalming of the body and a 
        funeral service prior to delivery of the body for gift purposes, 
        this chapter applies until the body is delivered to the donee 
        pursuant to the gift.  Where the donee takes immediate delivery 
        of the body pursuant to the gift, the donee must complete and 
        file the death certificate.  If the donee does not accept the 
        gift of the body, the right to control, duty of disposition, and 
        liability for disposition shall be in accordance with section 
        149A.80. 
           Sec. 36.  [149A.90] [DEATH; REGISTRATION AND REMOVAL FROM 
        PLACE OF DEATH.] 
           Subdivision 1.  [DEATH CERTIFICATE.] Except as provided in 
        this section, a death certificate must be completed and filed 
        for every known death by the mortician, funeral director, or 
        other person lawfully in charge of the disposition of the body. 
           Subd. 2.  [REMOVAL FROM PLACE OF DEATH.] No person subject 
        to regulation under this chapter shall remove or cause to be 
        removed any dead human body from the place of death without 
        being licensed by the commissioner.  Every dead human body shall 
        be removed from the place of death by a licensed mortician or 
        funeral director, except as provided in section 149A.01, 
        subdivision 3. 
           Subd. 3.  [REFERRALS TO CORONER OR MEDICAL EXAMINER.] 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: 
           (1) where the person is unable to obtain firm assurance 
        from the physician in attendance that the medical certification 
        will be signed; 
           (2) when circumstances suggest that the death was caused by 
        other than natural causes; 
           (3) where deaths occur under mysterious or unusual 
        circumstances; 
           (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; 
           (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 
           (6) when the decedent was an inmate of a public institution 
        who was not hospitalized for organic disease. 
           Subd. 4.  [DOCUMENTATION OF REMOVAL.] No dead human body 
        shall be removed from the place of death by a mortician or 
        funeral director without the completion of a removal 
        certification and, where possible, presentation of a copy of 
        that certification to the person or a representative of the 
        legal entity with physical or legal custody of the body at the 
        death site.  The removal certification may be on a form provided 
        by the commissioner or on any other form 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. 
           Subd. 5.  [RETENTION OF DOCUMENTATION OF REMOVAL.] A copy 
        of the removal certification 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 original 
        removal certification shall be retained by the individual making 
        the removal and shall be kept on file, at the funeral 
        establishment or crematory 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 or 
        crematory 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 or crematory may destroy the records by shredding, 
        incineration, or any other manner that protects the privacy of 
        the individuals identified in the records. 
           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 sheet 
        that is impervious to liquids, covered in such a manner that the 
        body cannot be viewed, encased in a secure pouch, 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. 
           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; and 
           (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 scooters. 
           Subd. 8.  [PROPER HOLDING FACILITY REQUIRED.] The funeral 
        establishment or crematory 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 or crematory, preserve the dignity of 
        the remains, and protect the health and safety of the funeral 
        establishment or crematory personnel. 
           Sec. 37.  [149A.91] [PREPARATION OF BODY.] 
           Subdivision 1.  [UNIVERSAL PRECAUTIONS.] In handling and 
        preparing dead human bodies for final disposition, any person 
        who comes in direct contact with an unembalmed dead human body 
        or who enters a room where dead human bodies are embalmed, shall 
        use universal precautions and otherwise exercise all reasonable 
        precautions to minimize the risk of transmitting any 
        communicable disease from the body.  All persons present in a 
        preparation and embalming room while a body is being prepared 
        for final disposition must be attired in accordance with all 
        applicable state and federal regulation regarding the control of 
        infectious disease and occupational and workplace health and 
        safety. 
           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 or funeral directors and their 
        authorized agents and employees; 
           (2) registered interns or students as described in 
        subdivision 6; 
           (3) public officials or representatives in the discharge of 
        their official duties; 
           (4) licensed medical personnel; and 
           (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. 
           Subd. 3.  [EMBALMING REQUIRED.] A dead human body must be 
        embalmed by a licensed mortician 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. 
           Subd. 4.  [AUTHORIZATION TO EMBALM.] No dead human body 
        shall be embalmed without written authorization.  Written 
        authorization to embalm a dead human body must be obtained from 
        the individual lawfully entitled to custody of the body or the 
        individual's legal designee as soon as is practicable following 
        the death.  Oral permission to embalm shall constitute an 
        effective authorization to embalm if the individual seeking 
        permission uses the word "embalm," briefly explains the nature 
        of embalming, and briefly outlines the existing laws regulating 
        the timing and reasons for embalming, and obtains written 
        authorization as soon as is possible thereafter.  The original 
        written authorization to embalm shall be maintained in the 
        records of the funeral establishment that causes the embalming 
        to be performed and a copy of the authorization must be 
        delivered to the person who has legal right to control the 
        disposition or that person's legal designee.  Predeath 
        directives authorizing embalming, duly executed by the deceased, 
        shall be given full legal effect and shall constitute an 
        effective authorization to embalm under this subdivision.  When 
        embalming is required by subdivision 3, permission to embalm 
        shall, as a matter of law, be implied. 
           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) the 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. 
           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 practicum 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. 
           Subd. 7.  [EMBALMING CHEMICALS; PROHIBITED COMPOUNDS.] 
        Embalming fluid containing compounds of arsenic, mercury, zinc, 
        silver, or other poisonous metals shall not be sold in Minnesota 
        or used for or in the embalming of any dead human body. 
           Subd. 8.  [MINIMUM STANDARDS FOR EMBALMING.] In every case 
        where a dead human body is embalmed, standards of performance 
        known to and accepted in the practice of mortuary science shall 
        be followed to ensure the inhibition of pathogenic organisms in 
        the dead human body. 
           Subd. 9.  [EMBALMED BODIES AWAITING DISPOSITION.] All 
        embalmed bodies awaiting final disposition shall be kept in an 
        appropriate holding facility or preparation and embalming room. 
        The holding facility must be secure from access by anyone except 
        the authorized personnel of the funeral establishment, preserve 
        the dignity and integrity of the body, and protect the health 
        and safety of the personnel of the funeral establishment. 
           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 student that participates in the 
        embalming of a body, whether the intern or practicum student 
        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. 
           Subd. 11.  [RETENTION OF RECORDS.] Records required under 
        subdivision 10 shall be maintained for a period of three 
        calendar years after the embalming of the body.  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 embalming 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. 
           Sec. 38.  [149A.92] [PREPARATION AND EMBALMING ROOM.] 
           Subdivision 1.  [EXEMPTION.] All funeral establishments 
        having a preparation and embalming room that has not been used 
        for the preparation or embalming of a dead human body in the 12 
        calendar months prior to July 1, 1997, are exempt from the 
        minimum requirements in subdivisions 2 to 6, except as provided 
        in this section.  At the time that ownership of a funeral 
        establishment changes, the physical location of the 
        establishment changes, or the building housing the funeral 
        establishment or business space of the establishment is 
        remodeled the existing preparation and embalming room must be 
        brought into compliance with the minimum standards in this 
        section. 
           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 open fixture with water 
        connections, and an instrument table, cabinet, or shelves. 
           Subd. 3.  [MINIMUM REQUIREMENTS; LIGHTING AND VENTILATION.] 
        The room shall be properly lit and ventilated with an exhaust 
        fan that provides at least 12 air changes per hour and is 
        located so that air is drawn away from the person performing the 
        preparation. 
           Subd. 4.  [MINIMUM REQUIREMENTS; PLUMBING CONNECTIONS.] All 
        plumbing fixtures, water supply lines, plumbing vents, and waste 
        drains shall be properly vented and connected pursuant to the 
        Minnesota plumbing code.  Where a municipal sewerage system is 
        available, the building drainage system shall be discharged into 
        that system.  Where a municipal system is not available, the 
        building system must be discharged into an approved private 
        system of waste disposal. 
           Subd. 5.  [MINIMUM REQUIREMENTS; FLOORING, WALLS, CEILING, 
        DOORS, AND WINDOWS.] All preparation and embalming rooms shall 
        have nonporous flooring, so that a sanitary condition is 
        provided.  The walls and ceiling of the preparation and 
        embalming room shall run from floor to ceiling and be covered 
        with tile, or by plaster or sheetrock painted with washable 
        paint, or other appropriate material so that a sanitary 
        condition is provided.  The doors, walls, ceiling, and windows 
        shall be constructed to prevent odors from entering any other 
        part of the building.  All windows or other openings to the 
        outside must be screened and all windows must be treated in a 
        manner that prevents viewing into the preparation room from the 
        outside. 
           Subd. 6.  [MINIMUM REQUIREMENTS; EQUIPMENT AND 
        SUPPLIES.] The preparation and embalming room must have a 
        preparation and embalming table and a functional aspirator.  The 
        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.  Where embalmings are actually performed in the room, 
        the room must be equipped with a functional method for injection 
        of fluids, an eye wash station, and sufficient supplies and 
        instruments for normal operation.  All supplies must be stored 
        and used in accordance with all applicable state and federal 
        regulations for occupational health and safety. 
           Subd. 7.  [ACCESS AND PRIVACY.] The preparation and 
        embalming room must be private and have no general passageway 
        through it.  The room shall, at all times, be secure from the 
        entrance of unauthorized persons.  Authorized persons are those 
        persons described in section 149A.91, subdivision 2.  Each door 
        allowing ingress or egress shall carry a sign that indicates 
        that the room is private and access is limited.  All authorized 
        persons who are present in or enter a preparation and embalming 
        room while a body is being prepared for final disposition must 
        be attired in accordance with all applicable state and federal 
        regulations regarding the control of infectious disease and 
        occupational and workplace health and safety. 
           Subd. 8.  [SANITARY CONDITIONS AND PERMITTED USE.] The 
        preparation and embalming room and all fixtures, equipment, 
        instruments, receptacles, clothing, and other appliances or 
        supplies stored or used in the room must be maintained in a 
        clean and sanitary condition at all times.  A preparation and 
        embalming room shall not be used for any other purposes. 
           Subd. 9.  [WASTE DISPOSAL.] Infectious and pathological 
        waste generated in preparation of the body shall be handled and 
        disposed of according to the infectious waste control act, 
        sections 116.75 to 116.83, and packaged for disposal in the 
        manner prescribed by rules. 
           Subd. 10.  [OCCUPATIONAL AND WORKPLACE SAFETY.] All 
        applicable provisions of state and federal regulations regarding 
        exposure to workplace hazards and accidents shall be followed in 
        order to protect the health and safety of all authorized persons 
        who enter the preparation and embalming room. 
           Sec. 39.  [149A.93] [TRANSPORTATION OF DEAD HUMAN BODIES.] 
           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 disposition or transit permit issued by the local 
        registrar of the place of death, a subregistrar as defined by 
        Minnesota Rules, part 4600.0100, subpart 5, or, if necessary to 
        avoid delay, the commissioner.  Permits shall contain the 
        information required on the permit form as furnished by the 
        commissioner and shall be signed by the local registrar or 
        subregistrar and the person in legal custody of the body, and, 
        where appropriate, the mortician, intern, or practicum student 
        who embalmed the body, the person in charge of the conveyance in 
        which the body will be moved, or the person in charge of the 
        place of final disposition.  Where a funeral establishment name 
        is used in signing a permit, it must be supported by the 
        personal signature of a licensee employed by the funeral 
        establishment. 
           Subd. 2.  [TRANSIT PERMIT.] A transit permit shall be 
        required when a body is to be: 
           (1) moved within a registration district and legal and 
        physical custody of the body is transferred; 
           (2) removed from a registration district; 
           (3) removed from the county where the death occurred; 
           (4) transported by public transportation; or 
           (5) removed from the state. 
           Subd. 3.  [DISPOSITION PERMIT.] A disposition permit shall 
        be required before a body can be buried, entombed, or cremated, 
        or when a body will be retained for more than five calendar 
        days.  No disposition permit shall be issued until a death 
        certificate has been completed or the issuing authority receives 
        firm assurances that the death certificate will be completed 
        within a reasonable amount of time not to exceed seven calendar 
        days from the issuance of the permit. 
           Subd. 4.  [POSSESSION OF PERMIT.] Until the body is 
        delivered for final disposition, the 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, legal custody of 
        the body shall pass with the filing of the disposition permit 
        with the person in charge of that place, the health board 
        authorized under section 145A.04, where local disposition 
        permits are required, or the commissioner where there is no 
        legal entity in charge of the place of final disposition. 
           Subd. 5.  [DEATH OUTSIDE STATE; DISPOSITION PERMIT.] When a 
        death occurs outside of the state and the body travels into or 
        through this state, the body must be accompanied by a permit for 
        burial, removal, or other disposition issued in accordance with 
        the laws and rules of the state where the death occurred.  The 
        properly issued permit from the state where the death occurred 
        shall authorize the transportation of the body into or through 
        this state, but before final disposition in this state, a 
        separate Minnesota disposition permit must be issued and filed, 
        together with the foreign permit, according to subdivision 4. 
           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; and 
           (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. 
           Subd. 7.  [TRANSPORTATION PROCEDURES.] When a dead human 
        body is transported by public transportation, it must be 
        properly embalmed and enclosed in a casket or alternative 
        container and an appropriate outside shipping container.  When 
        transportation is by any private vehicle or aircraft, the 
        outside shipping container may be omitted or the casket or 
        alternative container and the outside container may both be 
        omitted and, in such case, the body shall be wrapped in a sheet 
        that is impervious to liquids, covered in such a manner that the 
        body cannot be viewed, encased in a secure pouch, and placed on 
        a regulation ambulance cot or on an aircraft ambulance stretcher.
           Subd. 8.  [WHO MAY TRANSPORT.] Subject to section 149A.09, 
        a dead human body 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.  
        A licensed mortician or funeral director who directs the 
        transport of a dead human body without providing direct, 
        personal supervision shall be held strictly accountable for 
        compliance with this chapter. 
           Subd. 9.  [EMBALMING REQUIRED.] Except as provided in 
        section 149A.94, subdivision 2, a dead human body that is being 
        transported by public transportation or will not be buried, 
        cremated, or entombed within 72 hours following death or release 
        by a competent authority with jurisdiction over the body must be 
        properly embalmed. 
           Sec. 40.  [149A.94] [FINAL DISPOSITION.] 
           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 
        embalmed.  For 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. 
           Subd. 2.  [CREMATION EXCEPTIONS.] The 72-hour requirement 
        does not apply when a body properly delivered to a crematory 
        cannot be cremated within the time constraints imposed by law 
        for reasons of mechanical failure of the cremation chamber or 
        timeliness of delivery.  Should a crematory accept delivery of a 
        body later than 67 hours following the death or release of the 
        body by a competent authority with jurisdiction over the body or 
        experience such mechanical failure, the properly delivered body, 
        whether embalmed or not, must be maintained in a secure holding 
        facility at a temperature within the range of 34 and 40 degrees 
        Fahrenheit until cremation can be accomplished.  If cremation 
        cannot be accomplished within five calendar days after death or 
        release of the body, the crematory must obtain a permit to 
        retain the body pursuant to section 149A.93, subdivision 3.  No 
        body may be kept in refrigeration for a period that exceeds 
        seven calendar days from receipt of the body by the crematory. 
        If cremation cannot be accomplished within the seven calendar 
        day period, arrangements must be made to have the body 
        transported to an alternate crematory for final disposition. 
           Subd. 3.  [PERMIT REQUIRED.] No dead human body shall be 
        buried, entombed, or cremated without the filing of a properly 
        issued permit 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 properly issued disposition permit. 
           Subd. 4.  [CREMATION.] Inurnment of cremated remains and 
        release to an appropriate party is considered final disposition 
        and no further permits or authorizations are required for 
        transportation, interment, entombment, or placement of the 
        cremated remains, except as provided in section 149A.95, 
        subdivision 16. 
           Sec. 41.  [149A.95] [CREMATORIES AND CREMATION.] 
           Subdivision 1.  [LICENSE REQUIRED.] No person shall cremate 
        a dead human body or cause any dead human body to be cremated in 
        this state without being licensed by the commissioner of health. 
           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, a motorized 
        mechanical device for processing cremated remains and must have, 
        in the building or adjacent to it, 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. 
           Subd. 3.  [UNLICENSED PERSONNEL.] A licensed crematory may 
        employ unlicensed personnel, provided that all applicable 
        provisions of this chapter are followed.  It is the duty of the 
        licensed crematory to provide proper training for all unlicensed 
        personnel and the licensed crematory shall be strictly 
        accountable for compliance with this chapter and other 
        applicable state and federal regulations regarding occupational 
        and workplace health and safety. 
           Subd. 4.  [AUTHORIZATION TO CREMATE REQUIRED.] No crematory 
        shall cremate or cause to be cremated any dead human body 
        without receiving written authorization to do so from the person 
        who has the legal right to control disposition as described in 
        section 149A.80 or the person's legal designee.  The written 
        authorization must include: 
           (1) the name of the deceased and the date of death; 
           (2) a statement authorizing the crematory to cremate the 
        body; 
           (3) the name, address, relationship to the deceased, and 
        signature of the person 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. 
           Subd. 5.  [LIMITATION OF LIABILITY.] A licensed crematory 
        acting in good faith, with reasonable reliance upon an 
        authorization to cremate, pursuant to an authorization to 
        cremate, and in an otherwise lawful manner shall be held 
        harmless from civil liability and criminal prosecution for any 
        actions taken by the crematory. 
           Subd. 6.  [ACCEPTANCE OF DELIVERY OF BODY.] No dead human 
        body shall be accepted for disposition by cremation unless 
        encased in an appropriate cremation container or casket, 
        accompanied by a disposition permit issued pursuant to section 
        149A.93, subdivision 3, including a photocopy of the completed 
        death certificate 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 may refuse to accept delivery of a 
        cremation container where there is: 
           (1) evidence of leakage of fluids from the body; 
           (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. 
           Subd. 7.  [HANDLING OF DEAD HUMAN BODIES.] All crematory 
        employees handling 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 with legal right to 
        control the disposition.  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. 
           Subd. 8.  [IDENTIFICATION OF BODY.] All licensed 
        crematories shall develop, implement, and maintain an 
        identification procedure whereby dead human bodies can be 
        identified from the time the crematory accepts delivery of the 
        remains until the cremated remains are released to an authorized 
        party.  After cremation, an identifying disk, tab, or other 
        permanent label shall be placed within the cremated remains 
        container before the cremated remains are released from the 
        crematory.  Each identification disk, tab, or label shall have a 
        number that shall be recorded on all paperwork regarding the 
        decedent.  This procedure shall be designed to reasonably ensure 
        that the proper body is cremated and that the cremated remains 
        are returned to the appropriate party. 
           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 or casket and a sheet or pouch used for disease 
        control. 
           Subd. 10.  [CREMATION PROCEDURES; PRIVACY.] The final 
        disposition of dead human bodies by cremation shall be done in 
        privacy.  Unless there is written authorization from the person 
        with the legal right to control the disposition, only authorized 
        crematory personnel shall be permitted in the cremation area 
        while any dead human body is in the cremation area awaiting 
        cremation, in the cremation chamber, being removed from the 
        cremation chamber, or being processed and placed in a cremated 
        remains container. 
           Subd. 11.  [CREMATION PROCEDURES; COMMINGLING OF REMAINS 
        PROHIBITED.] Except with the express written permission of the 
        person with legal right to control the disposition, no crematory 
        shall cremate more than one dead human body at the same time and 
        in the same cremation chamber, or introduce a second dead human 
        body into a cremation chamber until reasonable efforts have been 
        employed to remove all fragments of the preceding cremated 
        remains, or cremate a dead human body and other human remains at 
        the same time and in the same cremation chamber.  This section 
        does not apply where commingling of human remains during 
        cremation is otherwise provided by law.  The fact that there is 
        incidental and unavoidable residue in the cremation chamber used 
        in a prior cremation is not a violation of this subdivision. 
           Subd. 12.  [CREMATION PROCEDURES; REMOVAL FROM CREMATION 
        CHAMBER.] Upon completion of the heat and flame reduction 
        process, reasonable efforts shall be made to remove from the 
        cremation chamber all of the recoverable cremated human remains 
        and noncombustible materials or items.  If possible, the 
        noncombustible materials or items shall be separated from the 
        cremated human remains and disposed of, in any lawful manner, by 
        the crematory.  The cremated human remains shall be placed in an 
        appropriate container to be transported to the processing area. 
           Subd. 13.  [CREMATION PROCEDURES; COMMINGLING OF CREMATED 
        REMAINS PROHIBITED.] Except with the express written permission 
        of the person with legal right to control the 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. 
           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, or label. 
           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, or 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. 
           Subd. 16.  [DISPOSITION PROCEDURES; COMMINGLING OF CREMATED 
        REMAINS PROHIBITED.] No cremated remains shall be disposed of or 
        scattered in a manner or in a location where the cremated 
        remains are commingled with those of another person without the 
        express written permission of the person with the legal right to 
        control disposition or as otherwise provided by law.  This 
        subdivision does not apply to the burial of cremated remains at 
        sea from individual containers, to the scattering or burial of 
        cremated remains in a dedicated cemetery, to the disposal in a 
        dedicated cemetery of accumulated residue removed from a 
        cremation chamber or other cremation equipment, to the inurnment 
        of members of the same family in a common container designed for 
        the cremated remains of more than one body, or to the inurnment 
        in a container or interment in a space that has been previously 
        designated, at the time of sale or purchase, as being intended 
        for the inurnment or interment of the cremated remains of more 
        than one person. 
           Subd. 17.  [CREMATION PROCEDURES; DISPOSITION OF 
        ACCUMULATED RESIDUE.] Every crematory shall provide for the 
        removal and disposition in a dedicated cemetery of any 
        accumulated residue from any cremation chamber, mechanical 
        processor, container, or other equipment used in cremation. 
        Disposition of accumulated residue shall be in accord with the 
        regulations of the dedicated cemetery and any applicable local 
        ordinances. 
           Subd. 18.  [CREMATION PROCEDURES; RELEASE OF CREMATED 
        REMAINS.] Following completion of the cremation, the inurned 
        cremated remains shall be released according to the instructions 
        given on the written authorization to cremate.  If the cremated 
        remains are to be shipped, they must be securely packaged and 
        transported by a method which has an internal tracing system 
        available and which provides for a receipt signed by the person 
        accepting delivery.  Where there is a dispute over release or 
        disposition of the cremated remains, a crematory may deposit the 
        cremated remains with a court of competent jurisdiction pending 
        resolution of the dispute or retain the cremated remains until 
        the person with the legal right to control disposition presents 
        satisfactory indication that the dispute is resolved. 
           Subd. 19.  [UNCLAIMED CREMATED REMAINS.] If, after 30 
        calendar days following the inurnment, the cremated remains are 
        not claimed or disposed of according to the written 
        authorization to cremate, the crematory or funeral establishment 
        shall give written notice, by certified mail, to the person with 
        the legal right to control the final disposition or a legal 
        designee, that the cremated remains are unclaimed and requesting 
        further release directions.  Should the cremated remains be 
        unclaimed 120 calendar days following the mailing of the written 
        notification, the crematory or funeral establishment may dispose 
        of the cremated remains in any lawful manner deemed appropriate. 
           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; and 
           (9) all supporting documentation, including any transit or 
        disposition permits, a photocopy of the death certificate, and 
        the authorization to cremate. 
           Subd. 21.  [RETENTION OF RECORDS.] Records required under 
        subdivision 20 shall be maintained for a period of three 
        calendar years after the release of the cremated remains. 
        Following this period and subject to any other laws requiring 
        retention of records, the crematory may then place the records 
        in storage or reduce them to microfilm, microfiche, laser disc, 
        or any other method that can produce an accurate reproduction of 
        the original record, for retention for a period of ten calendar 
        years from the date of release of the cremated remains.  At the 
        end of this period and subject to any other laws requiring 
        retention of records, the crematory may destroy the records by 
        shredding, incineration, or any other manner that protects the 
        privacy of the individuals identified. 
           Sec. 42.  [149A.96] [DISINTERMENT AND REINTERMENT.] 
           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-transit-reinterment permit properly 
        issued by the local registrar or subregistrar.  Permits shall 
        contain the information required on the permit form as furnished 
        by the commissioner and shall be signed by the local registrar 
        or subregistrar and the person in legal custody of the body, 
        and, where appropriate, the mortician, intern, or practicum 
        student who embalmed the body, the person in charge of the 
        conveyance in which the body will be moved, or the person in 
        charge of the place of final disposition.  Where a funeral 
        establishment name is used in signing a permit, it must be 
        supported by the personal signature of a licensee employed by 
        the funeral establishment. 
           Subd. 2.  [INTERMENT DEFINED.] For purposes of this 
        section, "interment" means final disposition by burial or 
        entombment.  Bodies held in a receiving vault for nonwinter 
        burials pursuant to a directive from the person or persons with 
        legal right to control final disposition and section 306.99 
        shall not be considered interred for purposes of this section. 
           Subd. 3.  [EXCEPTION; MOVEMENT WITHIN A DEDICATED 
        CEMETERY.] The authorities in charge of a cemetery may disinter 
        and reinter a body or remains within the same dedicated cemetery 
        upon receipt of the written and notarized authorization of the 
        person or persons with the right to control the disposition as 
        described in section 149A.80. 
           Subd. 4.  [DISINTERMENT PROCEDURE; REMOVAL FROM DEDICATED 
        CEMETERY.] No dead human body or human remains shall be 
        disinterred and removed from a dedicated cemetery for 
        reinterment elsewhere without a written and notarized 
        authorization from the person or persons with the legal right to 
        control the disposition and a disinterment-transit-reinterment 
        permit issued by the local registrar or subregistrar.  The 
        person or persons requesting the disinterment and reinterment 
        must obtain a copy of the death certificate showing the manner 
        and location of final disposition.  The copy of the death 
        certificate along with written and notarized authorization to 
        disinter and reinter obtained from the person or persons with 
        legal right to control the body as expressed in section 149A.80, 
        and a written and notarized statement of the reasons for 
        requesting disinterment, the manner in which the body or remains 
        will be disinterred and transported, the location of 
        reinterment, and whether there are any known parties who oppose 
        the disinterment shall be submitted to the registrar or a 
        subregistrar in the registration district or county where the 
        body or remains are interred.  If the request for disinterment 
        is unopposed, the registrar or subregistrar shall issue a 
        disinterment-transit-reinterment permit.  If the disinterment is 
        opposed, no permit shall issue until the registrar or 
        subregistrar receives a certified copy of a court order showing 
        reasonable cause to disinter. 
           Subd. 5.  [REASONABLE CAUSE TO DISINTER; FACTORS TO BE 
        CONSIDERED.] A presumption against removal operates against 
        anyone who seeks to have a body or remains disinterred.  To 
        overcome the presumption, the party requesting disinterment must 
        show reasonable cause for disinterment.  A district court in the 
        district where the body or remains are interred shall consider 
        the following factors when deciding whether reasonable cause for 
        disinterment exists: 
           (1) the degree of relationship that the party seeking 
        disinterment bears to the body or remains; 
           (2) the degree of relationship that the party seeking to 
        prevent disinterment bears to the body or remains; 
           (3) if applicable, the expressed wishes of the decedent; 
           (4) the conduct of the party requesting disinterment, 
        especially as it may relate to the circumstances of the original 
        interment; 
           (5) the conduct of the party opposing disinterment, 
        especially as it may relate to the circumstances of the original 
        interment; 
           (6) the length of time that has elapsed since the original 
        interment; 
           (7) the strength of the reasons offered both in favor of 
        and in opposition to disinterment; and 
           (8) the integrity and capacity of the party seeking 
        disinterment to provide a secure and comparable resting place 
        for the body or remains. 
           Subd. 6.  [TRANSPORTATION OF DISINTERRED BODIES.] All 
        disinterred bodies or remains removed from a dedicated cemetery 
        shall be transported in an appropriate container and manner. 
           Subd. 7.  [FILING OF DOCUMENTATION OF DISINTERMENT AND 
        REINTERMENT.] The cemetery where the body or remains were 
        originally interred shall retain a copy of the 
        disinterment-transit-reinterment permit, the authorization to 
        disinter, the death certificate, and, if applicable, the court 
        order showing reasonable cause to disinter.  Until the body or 
        remains are reinterred the original permit and other 
        documentation shall be in the possession of the person in 
        physical or legal custody of the body or remains, or attached to 
        the transportation container which holds the body or remains.  
        At the time of reinterment, the permit and other documentation 
        shall be filed according to the laws, rules, or regulations of 
        the state or country where reinterment occurs.  Where the body 
        or remains are to be removed from a dedicated cemetery for 
        reinterment elsewhere, the authority issuing the 
        disinterment-transit-reinterment permit shall forward a 
        photocopy of the issued permit to the commissioner to be filed 
        with the original death certificate. 
           Subd. 8.  [OPENING OF DISINTERRED CASKETS OR ALTERNATIVE 
        CONTAINERS.] The opening of any disinterred casket or 
        alternative container is prohibited except when so ordered by a 
        court of competent jurisdiction. 
           Subd. 9.  [CREMATED REMAINS.] Subject to section 149A.95, 
        subdivision 16, inurnment of the cremated remains and release to 
        an appropriate party is considered final disposition and no 
        further permits or authorizations are required for disinterment, 
        transportation, or placement of the cremated remains. 
           Subd. 10.  [PENALTY FOR NONCOMPLIANCE.] In addition to any 
        disciplinary action or measures taken by the commissioner 
        pursuant to this chapter, any person violating this section may 
        be guilty of a felony pursuant to section 307.08, subdivision 2. 
           Sec. 43.  [149A.97] [PRENEED ARRANGEMENTS.] 
           Subdivision 1.  [PURPOSE AND INTENT.] It is the intent of 
        the legislature that this section be construed as a limitation 
        upon the manner in which a funeral provider is permitted to 
        accept funds in prepayment of funeral services to be performed 
        in the future or in prepayment of funeral or burial goods to be 
        used in connection with the final disposition of human remains. 
        It is further intended to allow members of the public to arrange 
        and pay for funerals, funeral services, funeral or burial goods, 
        or final dispositions for themselves and their families in 
        advance of need while at the same time providing all possible 
        safeguards so that the prepaid funds cannot be dissipated, 
        whether intentionally or not, so as to be available for the 
        payment of the services and goods selected. 
           Subd. 2.  [SCOPE AND REQUIREMENTS.] This section shall not 
        apply to any funeral goods purchased and delivered, either at 
        purchase or within a commercially reasonable amount of time 
        thereafter.  When prior to the death of any person, that person 
        or another, on behalf of that person, enters into any 
        transaction, makes a contract, or any series or combination of 
        transactions or contracts with a funeral provider lawfully doing 
        business in Minnesota, other than an insurance company licensed 
        to do business in Minnesota selling approved insurance or 
        annuity products, by the terms of which, goods or services 
        related to the final disposition of that person will be 
        furnished at-need, then the total of all money paid by the terms 
        of the transaction, contract, or series or combination of 
        transactions or contracts shall be held in trust for the purpose 
        for which it has been paid.  The person for whose benefit the 
        money was paid shall be known as the beneficiary, the person or 
        persons who paid the money shall be known as the purchaser, and 
        the funeral provider shall be known as the depositor. 
           Subd. 3.  [NATURE OF TRUST.] Except as provided in this 
        section, nothing in this section shall abate the rights, duties, 
        and powers granted under chapters 501B and 520.  A trust created 
        for the holding of preneed arrangement funds shall be revocable, 
        in its entirety, unless specifically limited by the person 
        purchasing the preneed funeral goods and or services.  If the 
        purchaser chooses to limit the revocability of the trust funds, 
        the limitation must be declared in the trust instrument and must 
        be limited to an amount equivalent to the allowable supplemental 
        security income asset exclusion used for determining eligibility 
        for public assistance at the time the trust is created.  
           Subd. 4.  [FREEDOM OF CHOICE; DESIGNATION OF TRUSTEE.] The 
        purchaser, regardless of whether the funds held in trust are 
        designated revocable or irrevocable, retains the right to 
        designate the trustee.  At any time prior to the death of the 
        beneficiary, the purchaser may designate a different trustee. 
        Upon the death of the beneficiary, subject to section 149A.80, 
        the rights of the purchaser vest in the individual with the 
        legal right to control the disposition of the remains of the 
        beneficiary.  The depositor as trustee shall not have the right 
        or power to designate another trustee prior to the death of the 
        beneficiary or subsequent to such death. 
           Subd. 5.  [DEPOSIT OF TRUST FUNDS AND DISCLOSURES.] Within 
        15 calendar days after receipt of any money required to be held 
        in trust, all of the money must be deposited in a banking 
        institution, savings or building and loan association, or credit 
        union, organized under state or federal laws, the accounts of 
        which are insured by an instrumentality of the federal 
        government.  The money must be carried in a separate account 
        with the name of the depositor and the purchaser as trustees for 
        the beneficiary.  The depositor as trustee shall not have power 
        to distribute funds, either principal or interest, from the 
        account until the death of the beneficiary, subject to section 
        149A.80.  For purposes of this section, distribute does not mean 
        transferring the trust funds to different investment accounts 
        within an institution or between institutions provided that the 
        depositor as trustee does not have sole access to the funds in a 
        negotiable form.  This section shall be construed to limit the 
        depositor's access to trust funds, in a negotiable form, prior 
        to the death of a beneficiary.  The preneed arrangements trust 
        shall be considered an asset of the purchaser until the death of 
        the beneficiary, whereupon the money shall be considered an 
        asset of the estate of the beneficiary, to the extent that the 
        value of the trust exceeds the actual value for the goods and 
        services provided at-need.  The location of the trust account, 
        including the name and address of the institution in which the 
        money is being held and any identifying account numbers, must be 
        disclosed in writing to the beneficiary by the depositor as 
        trustee at the time the money is deposited and when there are 
        any subsequent changes to the location of the trust account. 
           Subd. 6.  [DISBURSEMENT OF TRUST FUNDS.] The funds held in 
        trust, including principal and accrued interest, may be 
        distributed prior to the death of the beneficiary upon demand by 
        the purchaser to the extent that the trust is designated 
        revocable.  At the death of the beneficiary and with 
        satisfactory proof of death provided to the institution holding 
        the trust funds, the funds, including principal and accrued 
        interest, may be distributed by either the depositor as trustee 
        or the purchaser as trustee, subject to section 149A.80.  The 
        funds shall be distributed in their entirety, with no fees to be 
        retained by the trustees as administrative fees. The funds shall 
        be distributed for the payment of the actual at-need value of 
        the funeral goods and/or services selected with any excess funds 
        distributed to the estate of the decedent. 
           Subd. 7.  [REPORTS TO COMMISSIONER.] Every funeral provider 
        lawfully doing business in Minnesota that accepts funds under 
        subdivision 2 must make a complete annual report to the 
        commissioner.  The reports may be on forms provided by the 
        commissioner or substantially similar forms containing, at 
        least, identification and the state of each trust account, 
        including all transactions involving principal and accrued 
        interest, and must be filed by March 31 of the calendar year 
        following the reporting year along with a filing fee of $15 for 
        each report.  Fees shall be paid to the treasurer, state of 
        Minnesota, for deposit in the state government special revenue 
        fund in the state treasury.  Reports must be signed by an 
        authorized representative of the funeral provider and notarized 
        under oath.  All reports to the commissioner shall be reviewed 
        for account inaccuracies or possible violations of this 
        section.  If the commissioner has a reasonable belief to suspect 
        that there are account irregularities or possible violations of 
        this section, the commissioner shall report that belief, in a 
        timely manner, to the state auditor.  The commissioner shall 
        also file an annual letter with the state auditor disclosing 
        whether or not any irregularities or possible violations were 
        detected in review of the annual trust fund reports filed by the 
        funeral providers.  This letter shall be filed with the state 
        auditor by May 31 of the calendar year following the reporting 
        year. 
           Subd. 8.  [INVESTIGATIONS BY STATE AUDITOR.] Upon 
        notification from the county auditor or the commissioner of 
        health of indications of violations of this chapter, or upon 
        reliable written verification by any person, the state auditor 
        shall make an independent determination of whether a violation 
        of the provisions in this chapter is occurring or is about to 
        occur.  If the state auditor finds such evidence, the state 
        auditor shall conduct any examinations of accounts and records 
        of the entity that the state auditor considers the public 
        interest to demand and shall inform the appropriate agency of 
        any finding of misconduct.  The state auditor may require the 
        entity being examined to send all books, accounts, and vouchers 
        pertaining to the receipt, disbursement, and custody of funds to 
        the office of the state auditor for examination.  The person, 
        firm, partnership, association, or corporation examined under 
        this section by the state auditor shall reimburse the state 
        auditor for expenses incurred in conducting the examination 
        within 30 days after the state auditor submits its expenses.  
        Interest at the rate established in section 549.09 shall accrue 
        on the outstanding balance starting on the 31st day after the 
        state auditor's office submits its request for expenses. 
           Subd. 9.  [REQUIRED RECORDS.] Every funeral provider 
        lawfully doing business in Minnesota that accepts funds under 
        subdivision 2 must create and maintain on its premises or other 
        business location in Minnesota an accurate record of every trust 
        fund established with the funeral provider as trustee.  The 
        record must contain the following information: 
           (1) the names of the purchaser, beneficiary, and depositor; 
           (2) the date, location, identifying account numbers, and 
        amount of the funds originally deposited; 
           (3) any subsequent changes to the location of the account, 
        identifying account number, or trustee designation; 
           (4) the date, amount, and payee of any distributions from 
        the account; and 
           (5) all supporting documentation, including a copy of the 
        original trust agreement, copies of any contracts for the 
        purchase of preneed funeral goods and services, and any other 
        appropriate documentation. 
           Subd. 10.  [RETENTION OF RECORDS.] Records required under 
        subdivision 9 shall be maintained for a period of three calendar 
        years after the release of the trust funds.  Following this 
        period and subject to any other laws requiring retention of 
        records, the funeral provider may then place the records in 
        storage or reduce them to microfilm, microfiche, laser disc, or 
        any other method that can produce an accurate reproduction of 
        the original record, for retention for a period of ten calendar 
        years from the date of release of the trust funds.  At the end 
        of this period and subject to any other laws requiring retention 
        of records, the funeral provider may destroy the records by 
        shredding, incineration, or any other manner that protects the 
        privacy of the individuals identified. 
           Subd. 11.  [REPORT DATA.] Data on individuals collected and 
        maintained under subdivision 7 are private data on individuals 
        as defined in section 13.02, subdivision 12.  Section 13.10 
        applies to data on decedents collected under subdivision 7. 
           Subd. 12.  [PENALTIES.] Any violation of this section is 
        grounds for disciplinary action pursuant to sections 149A.04 to 
        149A.10. 
           Sec. 44.  Minnesota Statutes 1996, section 169.71, 
        subdivision 4, is amended to read: 
           Subd. 4.  [GLAZING MATERIALS; PROHIBITIONS AND EXCEPTIONS.] 
        No person shall drive or operate any motor vehicle required to 
        be registered in the state of Minnesota upon any street or 
        highway under the following conditions:  
           (a) when the windshield is composed of, covered by, or 
        treated with any material which has the effect of making the 
        windshield more reflective or in any other way reducing light 
        transmittance through the windshield; 
           (b) when any window on the vehicle is composed of, covered 
        by, or treated with any material that has a highly reflective or 
        mirrored appearance; 
           (c) when any side window or rear window is composed of or 
        treated with any material so as to obstruct or substantially 
        reduce the driver's clear view through the window or has a light 
        transmittance of less than 50 percent plus or minus three 
        percent in the visible light range or a luminous reflectance of 
        more than 20 percent plus or minus three percent; or 
           (d) when any material has been applied after August 1, 
        1985, to any motor vehicle window without an accompanying 
        permanent marking which indicates the percent of transmittance 
        and the percent of reflectance afforded by the material.  The 
        marking must be in a manner so as not to obscure vision and be 
        readable when installed on the vehicle.  
           This subdivision does not apply to glazing materials which: 
           (a) have not been modified since the original installation, 
        nor to original replacement windows and windshields, that were 
        originally installed or replaced in conformance with Federal 
        Motor Vehicle Safety Standard 205; 
           (b) are required to satisfy prescription or medical needs 
        of the driver of the vehicle or a passenger if the driver or 
        passenger is in possession of the prescription or a physician's 
        statement of medical need; or 
           (c) are applied to: 
           (1) the rear windows of a pickup truck as defined in 
        section 168.011, subdivision 29; 
           (2) the rear windows or the side windows on either side 
        behind the driver's seat of a van as defined in section 168.011, 
        subdivision 28; 
           (3) the side and rear windows of a vehicle used to 
        transport human remains by a funeral establishment holding a 
        permit license under section 149.08 149A.50; or 
           (4) the side and rear windows of a limousine as defined in 
        section 168.011, subdivision 35. 
           Sec. 45.  Minnesota Statutes 1996, section 524.1-201, is 
        amended to read: 
           524.1-201 [GENERAL DEFINITIONS.] 
           Subject to additional definitions contained in the 
        subsequent articles which are applicable to specific articles or 
        parts, and unless the context otherwise requires, in chapters 
        524 and 525: 
           (2) "Application" means a written request to the registrar 
        for an order of informal probate or appointment under article 
        III, part 3. 
           (3) "Beneficiary," as it relates to trust beneficiaries, 
        includes a person who has any present or future interest, vested 
        or contingent, and also includes the owner of an interest by 
        assignment or other transfer and as it relates to a charitable 
        trust, includes any person entitled to enforce the trust. 
           (5) "Child" includes any individual entitled to take as a 
        child under law by intestate succession from the parent whose 
        relationship is involved and excludes any person who is only a 
        stepchild, a foster child, a grandchild or any more remote 
        descendant. 
           (6) "Claims" includes liabilities of the decedent whether 
        arising in contract or otherwise and liabilities of the estate 
        which arise after the death of the decedent including funeral 
        expenses and expenses of administration.  The term does not 
        include taxes, demands or disputes regarding title of a decedent 
        to specific assets alleged to be included in the estate, tort 
        claims, foreclosure of mechanic's liens, or to actions pursuant 
        to section 573.02. 
           (7) "Court" means the court or branch having jurisdiction 
        in matters relating to the affairs of decedents.  This court in 
        this state is known as the district court. 
           (8) "Conservator" means a person who is appointed by a 
        court to manage the estate of a protected person.  
           (9) "Descendant" of an individual means all of the 
        individual's descendants of all generations, with the 
        relationship of parent and child at each generation being 
        determined by the definition of child and parent contained in 
        this section. 
           (10) "Devise," when used as a noun, means a testamentary 
        disposition of real or personal property and when used as a 
        verb, means to dispose of real or personal property by will. 
           (11) "Devisee" means any person designated in a will to 
        receive a devise.  In the case of a devise to an existing trust 
        or trustee, or to a trustee on trust described by will, the 
        trust or trustee is the devisee and the beneficiaries are not 
        devisees. 
           (12) "Disability" means cause for a protective order as 
        described by section 525.54. 
           (13) "Distributee" means any person who has received or who 
        will receive property of a decedent from the decedent's personal 
        representative other than as a creditor or purchaser.  A 
        testamentary trustee is a distributee with respect to property 
        which the trustee has received from a personal representative 
        only to the extent of distributed assets or their increment 
        remaining in the trustee's hands.  A beneficiary of a 
        testamentary trust to whom the trustee has distributed property 
        received from a personal representative is a distributee of the 
        personal representative.  For purposes of this provision, 
        "testamentary trustee" includes a trustee to whom assets are 
        transferred by will, to the extent of the devised assets. 
           (14) "Estate" includes all of the property of the decedent, 
        trust, or other person whose affairs are subject to this chapter 
        as originally constituted and as it exists from time to time 
        during administration. 
           (16) "Fiduciary" includes personal representative, 
        guardian, conservator and trustee. 
           (17) "Foreign personal representative" means a personal 
        representative of another jurisdiction. 
           (18) "Formal proceedings" means those conducted before a 
        judge with notice to interested persons. 
           (20) "Guardian" means a person who has qualified as a 
        guardian of a minor or incapacitated person pursuant to 
        testamentary or court appointment, but excludes one who is 
        merely a guardian ad litem. 
           (21) "Heirs" means those persons, including the surviving 
        spouse, who are entitled under the statutes of intestate 
        succession to the property of a decedent. 
           (22) "Incapacitated person" is as described in section 
        525.54, other than a minor. 
           (23) "Informal proceedings" means those conducted by the 
        judge, the registrar, or the person or persons designated by the 
        judge for probate of a will or appointment of a personal 
        representative in accordance with sections 524.3-301 to 
        524.3-311. 
           (24) "Interested person" includes heirs, devisees, 
        children, spouses, creditors, beneficiaries and any others 
        having a property right in or claim against the estate of a 
        decedent, ward or protected person which may be affected by the 
        proceeding.  It also includes persons having priority for 
        appointment as personal representative, and other fiduciaries 
        representing interested persons.  The meaning as it relates to 
        particular persons may vary from time to time and must be 
        determined according to the particular purposes of, and matter 
        involved in, any proceeding. 
           (27) "Lease" includes an oil, gas, or other mineral lease. 
           (28) "Letters" includes letters testamentary, letters of 
        guardianship, letters of administration, and letters of 
        conservatorship. 
           (30) "Mortgage" means any conveyance, agreement or 
        arrangement in which property is used as security. 
           (31) "Nonresident decedent" means a decedent who was 
        domiciled in another jurisdiction at the time of death. 
           (32) "Organization" includes a corporation, government or 
        governmental subdivision or agency, business trust, estate, 
        trust, partnership or association, two or more persons having a 
        joint or common interest, or any other legal entity. 
           (35) "Person" means an individual, a corporation, an 
        organization, or other legal entity. 
           (36) "Personal representative" includes executor, 
        administrator, successor personal representative, special 
        administrator, and persons who perform substantially the same 
        function under the law governing their status.  "General 
        personal representative" excludes special administrator. 
           (37) "Petition" means a written request to the court for an 
        order after notice. 
           (38) "Proceeding" includes action at law and suit in equity.
           (39) "Property" includes both real and personal property or 
        any interest therein and means anything that may be the subject 
        of ownership. 
           (40) "Protected person" is as described in section 525.54, 
        subdivision 1. 
           (42) "Registrar" refers to the judge of the court or the 
        person designated by the court to perform the functions of 
        registrar as provided in section 524.1-307. 
           (43) "Security" includes any note, stock, treasury stock, 
        bond, debenture, evidence of indebtedness, certificate of 
        interest or participation in an oil, gas or mining title or 
        lease or in payments out of production under such a title or 
        lease, collateral trust certificate, transferable share, voting 
        trust certificate or, in general, any interest or instrument 
        commonly known as a security, or any certificate of interest or 
        participation, any temporary or interim certificate, receipt or 
        certificate of deposit for, or any warrant or right to subscribe 
        to or purchase, any of the foregoing. 
           (44) "Settlement," in reference to a decedent's estate, 
        includes the full process of administration, distribution and 
        closing. 
           (45) "Special administrator" means a personal 
        representative as described by sections 524.3-614 to 524.3-618. 
           (46) "State" includes any state of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and any 
        territory or possession subject to the legislative authority of 
        the United States. 
           (47) "Successor personal representative" means a personal 
        representative, other than a special administrator, who is 
        appointed to succeed a previously appointed personal 
        representative. 
           (48) "Successors" means those persons, other than 
        creditors, who are entitled to property of a decedent under the 
        decedent's will, this chapter or chapter 525.  "Successors" also 
        means a funeral director or county government that provides the 
        funeral and burial of the decedent. 
           (49) "Supervised administration" refers to the proceedings 
        described in sections 524.3-501 to 524.3-505. 
           (51) "Testacy proceeding" means a proceeding to establish a 
        will or determine intestacy. 
           (53) "Trust" includes any express trust, private or 
        charitable, with additions thereto, wherever and however 
        created.  It also includes a trust created or determined by 
        judgment or decree under which the trust is to be administered 
        in the manner of an express trust.  "Trust" excludes other 
        constructive trusts, and it excludes resulting trusts, 
        conservatorships, personal representatives, trust accounts as 
        defined in chapter 528, custodial arrangements pursuant to 
        sections 149.11 to 149.14 149A.97, 318.01 to 318.06, 527.21 to 
        527.44, business trusts providing for certificates to be issued 
        to beneficiaries, common trust funds, voting trusts, security 
        arrangements, liquidation trusts, and trusts for the primary 
        purpose of paying debts, dividends, interest, salaries, wages, 
        profits, pensions, or employee benefits of any kind, and any 
        arrangement under which a person is nominee or escrowee for 
        another. 
           (54) "Trustee" includes an original, additional, or 
        successor trustee, whether or not appointed or confirmed by 
        court. 
           (55) "Ward" is as described in section 525.54, subdivision 
        1. 
           (56) "Will" includes codicil and any testamentary 
        instrument which merely appoints an executor or revokes or 
        revises another will. 
           Sec. 46.  [RULES; REPEAL, RETENTION, REVISOR'S 
        INSTRUCTION.] 
           Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700; 
        4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 
        4610.1300; 4610.1500; 4610.1550; 4610.1600; 4610.1700; 
        4610.1800; 4610.1900; 4610.2000; 4610.2200; 4610.2300; 
        4610.2400; 4610.2500; 4610.2600; and 4610.2700, are repealed.  
        Notwithstanding Minnesota Statutes, section 14.05, Minnesota 
        Rules, parts 4610.0420; 4610.0500; 4610.0600; 4610.0650; and 
        4610.2800, are not repealed.  In Minnesota Rules, part 
        4610.0500, the revisor shall change the citation "149.03, 
        subdivision 2" to "149A.30," in part 4610.0600, the revisor 
        shall change the citation "149" to "149A," and in part 
        4610.2800, the revisor shall change the citation "4610.0200 to 
        4610.0600" to "4610.0420 to 4610.0650." 
           Sec. 47.  [REPEALER.] 
           Minnesota Statutes 1996, sections 145.14; 145.15; 145.16; 
        145.162; 145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 
        149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 
        149.14; and 149.15, are repealed. 
           Presented to the governor May 20, 1997 
           Signed by the governor May 22, 1997, 12:20 p.m.