Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes