1.1                          A bill for an act 
  1.2             relating to health; providing comprehensive regulation 
  1.3             of mortuary science; establishing enforcement 
  1.4             mechanisms; providing penalties; amending Minnesota 
  1.5             Statutes 1994, sections 13.99, subdivision 52a; 52.04, 
  1.6             subdivision 1; 116J.70, subdivision 2a; 169.71, 
  1.7             subdivision 4; and 524.1-201; proposing coding for new 
  1.8             law as Minnesota Statutes, chapter 149A; repealing 
  1.9             Minnesota Statutes 1994, sections 149.01; 149.02; 
  1.10            149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 
  1.11            149.10; 149.11; 149.12; 149.13; 149.14; and 149.15. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 13.99, 
  1.14  subdivision 52a, is amended to read: 
  1.15     Subd. 52a.  [FUNERAL ESTABLISHMENT REPORTS.] Data on 
  1.16  individuals in annual reports required of certain funeral 
  1.17  establishments are classified under section ~~149.13, subdivision~~ 
  1.18  ~~7~~ 149A.110, subdivision 11. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 52.04, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  A credit union has the following powers: 
  1.22     (1) to offer its members and other credit unions various 
  1.23  classes of shares, share certificates, deposits, or deposit 
  1.24  certificates; 
  1.25     (2) to receive the savings of its members either as payment 
  1.26  on shares or as deposits, including the right to conduct 
  1.27  Christmas clubs, vacation clubs, and other thrift organizations 
  1.28  within its membership.  Trust funds received by a real estate 
  2.1   broker or the broker's salespersons in trust may be deposited in 
  2.2   a credit union; 
  2.3      (3) to make loans to members for provident or productive 
  2.4   purposes as provided in section 52.16; 
  2.5      (4) to make loans to a cooperative society or other 
  2.6   organization having membership in the credit union; 
  2.7      (5) to deposit in state and national banks and trust 
  2.8   companies authorized to receive deposits; 
  2.9      (6) to invest in any investment legal for savings banks or 
  2.10  for trust funds in the state and, notwithstanding clause (3), to 
  2.11  invest in and make loans of unsecured days funds (federal funds 
  2.12  or similar unsecured loans) to financial institutions insured by 
  2.13  an agency of the federal government and a member of the Federal 
  2.14  Reserve System or required to maintain reserves at the Federal 
  2.15  Reserve; 
  2.16     (7) to borrow money as hereinafter indicated; 
  2.17     (8) to adopt and use a common seal and alter the same at 
  2.18  pleasure; 
  2.19     (9) to make payments on shares of and deposit with any 
  2.20  other credit union chartered by this or any other state or 
  2.21  operating under the provisions of the federal Credit Union Act, 
  2.22  in amounts not exceeding in the aggregate 25 percent of its 
  2.23  unimpaired assets.  However, payments on shares of and deposit 
  2.24  with credit unions chartered by other states are restricted to 
  2.25  credit unions insured by the National Credit Union 
  2.26  Administration.  The restrictions imposed by this clause do not 
  2.27  apply to share accounts and deposit accounts of the Minnesota 
  2.28  corporate credit union in United States central credit union or 
  2.29  to share accounts and deposit accounts of credit unions in the 
  2.30  Minnesota corporate credit union; 
  2.31     (10) to contract with any licensed insurance company or 
  2.32  society to insure the lives of members to the extent of their 
  2.33  share accounts, in whole or in part, and to pay all or a portion 
  2.34  of the premium therefor; 
  2.35     (11) to indemnify each director, officer, or committee 
  2.36  member, or former director, officer, or committee member against 
  3.1   all expenses, including attorney's fees but excluding amounts 
  3.2   paid pursuant to a judgment or settlement agreement, reasonably 
  3.3   incurred in connection with or arising out of any action, suit, 
  3.4   or proceeding to which that person is a party by reason of being 
  3.5   or having been a director, officer, or committee member of the 
  3.6   credit union, except with respect to matters as to which that 
  3.7   person is finally adjudged in the action, suit, or proceeding to 
  3.8   be liable for negligence or misconduct in the performance of 
  3.9   duties.  The indemnification is not exclusive of any other 
  3.10  rights to which that person may be entitled under any bylaw, 
  3.11  agreement, vote of members, or otherwise; 
  3.12     (12) upon written authorization from a member, retained at 
  3.13  the credit union, to make payments to third parties by 
  3.14  withdrawals from the member's share or deposit accounts or 
  3.15  through proceeds of loans made to such member, or by permitting 
  3.16  the credit union to make those payments from the member's funds 
  3.17  prior to deposit; to permit draft withdrawals from member 
  3.18  accounts, but a credit union proposing to permit draft 
  3.19  withdrawals shall notify the commissioner of commerce, in the 
  3.20  form prescribed, of its intent not less than 90 days prior to 
  3.21  authorizing draft withdrawals.  The board of directors of a 
  3.22  credit union may restrict one class of shares to the extent that 
  3.23  it may not be redeemed, withdrawn, or transferred except upon 
  3.24  termination of membership in the credit union; 
  3.25     (13) to inform its members as to the availability of 
  3.26  various group purchasing plans which are related to the 
  3.27  promotion of thrift or the borrowing of money for provident and 
  3.28  productive purposes by means of informational materials placed 
  3.29  in the credit union's office, through its publications, or by 
  3.30  direct mailings to members by the credit union; 
  3.31     (14) to facilitate its members' voluntary purchase of types 
  3.32  of insurance incidental to promotion of thrift or the borrowing 
  3.33  of money for provident and productive purposes including, but 
  3.34  not limited to the following types of group or individual 
  3.35  insurance:  Fire, theft, automobile, life and temporary 
  3.36  disability; to be the policy holder of a group insurance plan or 
  4.1   a subgroup under a master policy plan and to disseminate 
  4.2   information to its members concerning the insurance provided 
  4.3   thereunder; to remit premiums to an insurer or the holder of a 
  4.4   master policy on behalf of a credit union member, if the credit 
  4.5   union obtains written authorization from the member for 
  4.6   remittance by share or deposit withdrawals or through proceeds 
  4.7   of loans made by the members, or by permitting the credit union 
  4.8   to make the payments from the member's funds prior to deposit; 
  4.9   and to accept from the insurer reimbursement for expenses 
  4.10  incurred or in the case of credit life, accident and health, and 
  4.11  involuntary unemployment insurance within the meaning of chapter 
  4.12  62B commissions for the handling of the insurance.  The amount 
  4.13  reimbursed or the commissions received may constitute the 
  4.14  general income of the credit union.  The directors, officers, 
  4.15  committee members and employees of a credit union shall not 
  4.16  profit on any insurance sale facilitated through the credit 
  4.17  unions; 
  4.18     (15) to contract with another credit union to furnish 
  4.19  services which either could otherwise perform.  Contracted 
  4.20  services under this clause are subject to regulation and 
  4.21  examination by the commissioner of commerce like other services; 
  4.22     (16) in furtherance of the twofold purpose of promoting 
  4.23  thrift among its members and creating a source of credit for 
  4.24  them at legitimate rates of interest for provident purposes, and 
  4.25  not in limitation of the specific powers hereinbefore conferred, 
  4.26  to have all the powers enumerated, authorized, and permitted by 
  4.27  this chapter, and such other rights, privileges and powers 
  4.28  incidental to, or necessary for, the accomplishment of the 
  4.29  objectives and purposes of the credit union; 
  4.30     (17) to rent safe deposit boxes to its members if the 
  4.31  credit union obtains adequate insurance or bonding coverage for 
  4.32  losses which might result from the rental of safe deposit boxes; 
  4.33     (18) notwithstanding the provisions of section 52.05, to 
  4.34  accept deposits of public funds in an amount secured by 
  4.35  insurance or other means pursuant to chapter 118 or section 
  4.36  9.031 or other applicable law and to receive deposits of trust 
  5.1   funds provided that either the provider or the beneficial owner 
  5.2   of the funds is a member of the credit union accepting the 
  5.3   deposit; 
  5.4      (19) to accept and maintain treasury tax and loan accounts 
  5.5   of the United States and to pledge collateral to secure the 
  5.6   treasury tax or loan accounts, in accordance with the 
  5.7   regulations of the Department of Treasury of the United States; 
  5.8      (20) to accept deposits pursuant to section ~~149.12~~ 
  5.9   149A.110, subdivision 5, notwithstanding the provisions of 
  5.10  section 52.05, if the deposits represent funding of prepaid 
  5.11  funeral plans of members; 
  5.12     (21) to sell, in whole or in part, real estate secured 
  5.13  loans provided that:  
  5.14     (a) the loan is secured by a first lien; 
  5.15     (b) the board of directors approves the sale; 
  5.16     (c) if the sale is partial, the agreement to sell a partial 
  5.17  interest shall, at a minimum:  
  5.18     (i) identify the loan or loans covered by the agreement; 
  5.19     (ii) provide for the collection, processing, remittance of 
  5.20  payments of principal and interest, taxes and insurance premiums 
  5.21  and other charges or escrows, if any; 
  5.22     (iii) define the responsibilities of each party in the 
  5.23  event the loan becomes subject to collection, loss or 
  5.24  foreclosure; 
  5.25     (iv) provide that in the event of loss, each owner shall 
  5.26  share in the loss in proportion to its interest in the loan or 
  5.27  loans; 
  5.28     (v) provide for the distribution of payments of principal 
  5.29  to each owner proportionate to its interest in the loan or 
  5.30  loans; 
  5.31     (vi) provide for loan status reports; 
  5.32     (vii) state the terms and conditions under which the 
  5.33  agreement may be terminated or modified; and 
  5.34     (d) the sale is without recourse or repurchase unless the 
  5.35  agreement:  
  5.36     (i) requires repurchase of a loan because of any breach of 
  6.1   warranty or misrepresentation; 
  6.2      (ii) allows the seller to repurchase at its discretion; or 
  6.3      (iii) allows substitution of one loan for another; 
  6.4      (22) in addition to the sale of loans secured by a first 
  6.5   lien on real estate, to sell, pledge, discount, or otherwise 
  6.6   dispose of, in whole or in part, to any source, a loan or group 
  6.7   of loans, other than a self-replenishing line of credit; 
  6.8   provided, that within a calendar year beginning January 1 the 
  6.9   total dollar value of loans sold, other than loans secured by 
  6.10  real estate or insured by a state or federal agency, shall not 
  6.11  exceed 25 percent of the dollar amount of all loans and 
  6.12  participating interests in loans held by the credit union at the 
  6.13  beginning of the calendar year, unless otherwise authorized in 
  6.14  writing by the commissioner; 
  6.15     (23) to designate the par value of the shares of the credit 
  6.16  union by board resolution; 
  6.17     (24) to exercise by resolution the powers set forth in 
  6.18  United States Code, title 12, section 1757, as amended through 
  6.19  December 31, 1992.  Before exercising each power, the board must 
  6.20  submit a plan to the commissioner of commerce detailing 
  6.21  implementation of the power to be used; 
  6.22     (25) to offer self-directed individual retirement accounts 
  6.23  and Keogh accounts and act as custodian and trustee of these 
  6.24  accounts if: 
  6.25     (1) all contributions of funds are initially made to a 
  6.26  deposit, share or share certificate account in the credit union; 
  6.27     (2) any subsequent transfer of funds to other assets is 
  6.28  solely at the direction of the member and the credit union 
  6.29  exercises no investment discretion and provides no investment 
  6.30  advice with respect to plan assets; and 
  6.31     (3) the member is clearly notified of the fact that 
  6.32  National Credit Union Share Insurance Fund coverage is limited 
  6.33  to funds held in deposit, share or share certificate accounts of 
  6.34  National Credit Union Share Insurance Fund-insured credit unions.
  6.35     Sec. 3.  Minnesota Statutes 1994, section 116J.70, 
  6.36  subdivision 2a, is amended to read: 
  7.1      Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
  7.2   "license" does not include the following:  
  7.3      (1) any occupational license or registration issued by a 
  7.4   licensing board listed in section 214.01 or any occupational 
  7.5   registration issued by the commissioner of health pursuant to 
  7.6   section 214.13; 
  7.7      (2) any license issued by a county, home rule charter city, 
  7.8   statutory city, township, or other political subdivision; 
  7.9      (3) any license required to practice the following 
  7.10  occupation regulated by the following sections:  
  7.11     (a) abstracters regulated pursuant to chapter 386; 
  7.12     (b) accountants regulated pursuant to chapter 326; 
  7.13     (c) adjusters regulated pursuant to chapter 72B; 
  7.14     (d) architects regulated pursuant to chapter 326; 
  7.15     (e) assessors regulated pursuant to chapter 270; 
  7.16     (f) athletic trainers regulated pursuant to chapter 148; 
  7.17     (g) attorneys regulated pursuant to chapter 481; 
  7.18     (h) auctioneers regulated pursuant to chapter 330; 
  7.19     (i) barbers regulated pursuant to chapter 154; 
  7.20     (j) beauticians regulated pursuant to chapter 155A; 
  7.21     (k) boiler operators regulated pursuant to chapter 183; 
  7.22     (l) chiropractors regulated pursuant to chapter 148; 
  7.23     (m) collection agencies regulated pursuant to chapter 332; 
  7.24     (n) cosmetologists regulated pursuant to chapter 155A; 
  7.25     (o) dentists, registered dental assistants, and dental 
  7.26  hygienists regulated pursuant to chapter 150A; 
  7.27     (p) detectives regulated pursuant to chapter 326; 
  7.28     (q) electricians regulated pursuant to chapter 326; 
  7.29     (r) embalmers regulated pursuant to chapter ~~149~~ 149A; 
  7.30     (s) engineers regulated pursuant to chapter 326; 
  7.31     (t) insurance brokers and salespersons regulated pursuant 
  7.32  to chapter 60A; 
  7.33     (u) certified interior designers regulated pursuant to 
  7.34  chapter 326; 
  7.35     (v) midwives regulated pursuant to chapter 148; 
  7.36     (w) morticians regulated pursuant to chapter 149; 
  8.1      (x) nursing home administrators regulated pursuant to 
  8.2   chapter 144A; 
  8.3      (y) optometrists regulated pursuant to chapter 148; 
  8.4      (z) osteopathic physicians regulated pursuant to chapter 
  8.5   147; 
  8.6      (aa) pharmacists regulated pursuant to chapter 151; 
  8.7      (bb) physical therapists regulated pursuant to chapter 148; 
  8.8      (cc) physicians and surgeons regulated pursuant to chapter 
  8.9   147; 
  8.10     (dd) plumbers regulated pursuant to chapter 326; 
  8.11     (ee) podiatrists regulated pursuant to chapter 153; 
  8.12     (ff) practical nurses regulated pursuant to chapter 148; 
  8.13     (gg) professional fund raisers regulated pursuant to 
  8.14  chapter 309; 
  8.15     (hh) psychologists regulated pursuant to chapter 148; 
  8.16     (ii) real estate brokers, salespersons, and others 
  8.17  regulated pursuant to chapters 82 and 83; 
  8.18     (jj) registered nurses regulated pursuant to chapter 148; 
  8.19     (kk) securities brokers, dealers, agents, and investment 
  8.20  advisers regulated pursuant to chapter 80A; 
  8.21     (ll) steamfitters regulated pursuant to chapter 326; 
  8.22     (mm) teachers and supervisory and support personnel 
  8.23  regulated pursuant to chapter 125; 
  8.24     (nn) veterinarians regulated pursuant to chapter 156; 
  8.25     (oo) water conditioning contractors and installers 
  8.26  regulated pursuant to chapter 326; 
  8.27     (pp) water well contractors regulated pursuant to chapter 
  8.28  156A; 
  8.29     (qq) water and waste treatment operators regulated pursuant 
  8.30  to chapter 115; 
  8.31     (rr) motor carriers regulated pursuant to chapter 221; 
  8.32     (ss) professional corporations regulated pursuant to 
  8.33  chapter 319A; 
  8.34     (tt) real estate appraisers regulated pursuant to chapter 
  8.35  82B; 
  8.36     (uu) residential building contractors, residential 
  9.1   remodelers, residential roofers, manufactured home installers, 
  9.2   and specialty contractors regulated pursuant to chapter 326; 
  9.3      (4) any driver's license required pursuant to chapter 171; 
  9.4      (5) any aircraft license required pursuant to chapter 360; 
  9.5      (6) any watercraft license required pursuant to chapter 
  9.6   86B; 
  9.7      (7) any license, permit, registration, certification, or 
  9.8   other approval pertaining to a regulatory or management program 
  9.9   related to the protection, conservation, or use of or 
  9.10  interference with the resources of land, air, or water, which is 
  9.11  required to be obtained from a state agency or instrumentality; 
  9.12  and 
  9.13     (8) any pollution control rule or standard established by 
  9.14  the pollution control agency or any health rule or standard 
  9.15  established by the commissioner of health or any licensing rule 
  9.16  or standard established by the commissioner of human services.  
  9.17     Sec. 4.  [149A.01] [PURPOSE AND SCOPE.] 
  9.18     Subdivision 1.  [PURPOSE.] This chapter regulates the 
  9.19  removal, preparation, transportation, arrangements for 
  9.20  disposition, and final disposition of dead human bodies for 
  9.21  purposes of public health and protection of the public. 
  9.22     Subd. 2.  [SCOPE.] In Minnesota no person or other legal 
  9.23  entity shall: 
  9.24     (1) take charge of, remove from the place of death, or 
  9.25  transport a dead human body; 
  9.26     (2) prepare a dead human body for final disposition, in any 
  9.27  manner; or 
  9.28     (3) arrange, direct, or supervise a funeral, memorial 
  9.29  service, or graveside service, without being licensed by the 
  9.30  commissioner of health. 
  9.31     Subd. 3.  [EXCEPTIONS TO LICENSURE.] (a) Except as provided 
  9.32  in this chapter, nothing shall in any way interfere with the 
  9.33  duties of: 
  9.34     (1) an officer of any public institution; 
  9.35     (2) an officer of a medical college, county medical 
  9.36  society, anatomical association, or accredited college of 
 10.1   mortuary science; 
 10.2      (3) a donee of an anatomical gift; 
 10.3      (4) a person engaged in the performance of duties 
 10.4   prescribed by law relating to the conditions under which 
 10.5   unclaimed dead human bodies are held subject to anatomical 
 10.6   study; 
 10.7      (5) authorized personnel from a licensed ambulance service 
 10.8   in the performance of their duties; 
 10.9      (6) licensed medical personnel in the performance of their 
 10.10  duties; or 
 10.11     (7) the coroner or medical examiner in the performance of 
 10.12  the duties of their offices. 
 10.13     (b) This chapter does not apply to or interfere with the 
 10.14  customs or rites of any culture or recognized religion in the 
 10.15  final disposition of their dead, to the extent that the 
 10.16  provisions of this chapter are inconsistent with the customs or 
 10.17  rites. 
 10.18     (c) Noncompensated persons related by blood, adoption, or 
 10.19  marriage to a decedent who chose to remove a body of a decedent 
 10.20  from the place of death, transport the body, prepare the body 
 10.21  for disposition, except embalming, or arrange for final 
 10.22  disposition of the body are not required to be licensed, 
 10.23  provided that all actions are in compliance with this chapter. 
 10.24     (d) Noncompensated persons acting pursuant to the lawful 
 10.25  directive of a decedent who remove a body of a decedent from the 
 10.26  place of death, transport the body, prepare the body for 
 10.27  disposition, except embalming, or arrange for final disposition 
 10.28  of the body are not required to be licensed, provided that all 
 10.29  actions are in compliance with this chapter. 
 10.30     (e) Persons serving internships pursuant to section 
 10.31  149A.20, subdivision 6, or students officially registered for a 
 10.32  practicum through an accredited college or university or a 
 10.33  college of funeral service education accredited by the American 
 10.34  Board of Funeral Service Education are not required to be 
 10.35  licensed, provided that the persons or students act under the 
 10.36  direct and exclusive supervision of a person holding a current 
 11.1   license to practice mortuary science in Minnesota. 
 11.2      Sec. 5.  [149A.02] [DEFINITIONS.] 
 11.3      Subdivision 1.  [SCOPE.] For purposes of this chapter, the 
 11.4   terms defined in this section have the meanings given them. 
 11.5      Subd. 2.  [ALTERNATIVE CONTAINER.] "Alternative container" 
 11.6   means a nonmetal receptacle or enclosure, without ornamentation 
 11.7   or a fixed interior lining, which is designed for the encasement 
 11.8   of dead human bodies and is made of fiberboard, pressed-wood, 
 11.9   composition materials (with or without an outside covering) or 
 11.10  other like materials. 
 11.11     Subd. 3.  [ARRANGEMENTS FOR DISPOSITION.] "Arrangements for 
 11.12  disposition" means any action normally taken by a funeral 
 11.13  provider in anticipation of or preparation for the entombment, 
 11.14  burial in a cemetery, or cremation of a dead human body. 
 11.15     Subd. 4.  [CASH ADVANCE ITEM.] "Cash advance item" means 
 11.16  any item of service or merchandise described to a purchaser as a 
 11.17  "cash advance," "accommodation," "cash disbursement," or similar 
 11.18  term.  A cash advance item is also any item obtained from a 
 11.19  third party and paid for by the funeral provider on the 
 11.20  purchaser's behalf.  Cash advance items include, but are not 
 11.21  limited to, cemetery or crematory services, pallbearers, public 
 11.22  transportation, clergy honoraria, flowers, musicians or singers, 
 11.23  obituary notices, gratuities, and death certificates. 
 11.24     Subd. 5.  [CASKET.] "Casket" means a rigid container which 
 11.25  is designed for the encasement of a dead human body and is 
 11.26  usually constructed of wood, metal, fiberglass, plastic, or like 
 11.27  material, and ornamented and lined with fabric. 
 11.28     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
 11.29  Minnesota commissioner of health. 
 11.30     Subd. 7.  [CREMATED REMAINS.] "Cremated remains" means the 
 11.31  postcremation remains of a dead human body. 
 11.32     Subd. 8.  [CREMATED REMAINS CONTAINER.] "Cremated remains 
 11.33  container" means a receptacle in which postcremation remains are 
 11.34  placed. 
 11.35     Subd. 9.  [CREMATION.] "Cremation" means the reduction of a 
 11.36  dead human body to essential elements through direct exposure to 
 12.1   intense heat and flame and the repositioning or movement of the 
 12.2   body during the process to facilitate reduction, the processing 
 12.3   of the remains after removal from the cremation chamber, 
 12.4   placement of the processed remains in a cremated remains 
 12.5   container, and release of the cremated remains to an appropriate 
 12.6   party.  "Processing" means the removal of foreign objects and 
 12.7   the reduction of the cremated remains, by mechanical means 
 12.8   including, but not limited to, grinding, crushing, or 
 12.9   pulverizing, to a granulated appearance appropriate for final 
 12.10  disposition. 
 12.11     Subd. 10.  [CREMATION CHAMBER.] "Cremation chamber" means 
 12.12  the enclosed space within which the cremation of a dead human 
 12.13  body is performed. 
 12.14     Subd. 11.  [CREMATION CONTAINER.] "Cremation container" 
 12.15  means a combustible, closed container resistant to the leakage 
 12.16  of bodily fluids into which a dead human body is placed prior to 
 12.17  insertion into a cremation chamber for cremation. 
 12.18     Subd. 12.  [CREMATORY.] "Crematory" means a building or 
 12.19  structure containing one or more cremation chambers or retorts 
 12.20  for the cremation of dead human bodies or any person or other 
 12.21  legal entity that performs cremations. 
 12.22     Subd. 13.  [DESTINATION.] "Destination" means any city, 
 12.23  town, or other location of the final disposition of a dead human 
 12.24  body. 
 12.25     Subd. 14.  [DIRECT CREMATION.] "Direct cremation" means a 
 12.26  disposition of a dead human body by cremation, without formal 
 12.27  viewing, visitation, or ceremony with the body present. 
 12.28     Subd. 15.  [DISCIPLINARY ACTION.] "Disciplinary action" 
 12.29  means any action taken by the commissioner against any person or 
 12.30  other legal entity subject to regulation under this chapter for 
 12.31  the violation of or the threatened violation of any law, rule, 
 12.32  order, stipulation agreement, settlement, compliance agreement, 
 12.33  license, or permit adopted, issued, or enforced by the 
 12.34  commissioner. 
 12.35     Subd. 16.  [EMBALMING.] "Embalming" means the process of 
 12.36  disinfecting and preserving a dead human body by chemically 
 13.1   treating the body to reduce the presence and growth of 
 13.2   organisms, to retard organic decomposition, and to restore an 
 13.3   acceptable physical appearance. 
 13.4      Subd. 17.  [FINAL DISPOSITION.] "Final disposition" means 
 13.5   the entombment, burial in a cemetery, or cremation of a dead 
 13.6   human body. 
 13.7      Subd. 18.  [FUNERAL ASSOCIATION.] "Funeral association" 
 13.8   means a cooperative association that sells or offers to sell 
 13.9   funeral goods or services to its members. 
 13.10     Subd. 19.  [FUNERAL CEREMONY.] "Funeral ceremony" means a 
 13.11  service or rite commemorating the deceased with the body present.
 13.12     Subd. 20.  [FUNERAL DIRECTOR.] "Funeral director" means any 
 13.13  person who, for compensation, arranges, directs, or supervises 
 13.14  funerals, memorial services, or graveside services, or engages 
 13.15  in the business or practice of preparing dead human bodies for 
 13.16  final disposition by means other than embalming. 
 13.17     Subd. 21.  [FUNERAL ESTABLISHMENT.] "Funeral establishment" 
 13.18  means any place or premise devoted to or used in the holding, 
 13.19  care, or preparation of a dead human body for final disposition 
 13.20  or any place used as the office or place of business of any 
 13.21  person or other legal entity that provides funeral goods or 
 13.22  services to the public. 
 13.23     Subd. 22.  [FUNERAL GOODS.] "Funeral goods" means the goods 
 13.24  which are sold or offered for sale directly to the public for 
 13.25  use in connection with funeral services. 
 13.26     Subd. 23.  [FUNERAL PROVIDER.] "Funeral provider" means any 
 13.27  person or other legal entity that sells or offers to sell 
 13.28  funeral goods or funeral services to the public. 
 13.29     Subd. 24.  [FUNERAL SERVICES.] "Funeral services" means any 
 13.30  services which may be used to:  (i) care for and prepare dead 
 13.31  human bodies for burial, cremation, or other final disposition; 
 13.32  and (ii) arrange, supervise, or conduct the funeral ceremony or 
 13.33  the final disposition of dead human bodies. 
 13.34     Subd. 25.  [GRAVESIDE SERVICE.] "Graveside service" means a 
 13.35  service or rite, conducted at the place of interment, 
 13.36  commemorating the deceased with the body present. 
 14.1      Subd. 26.  [IMMEDIATE BURIAL.] "Immediate burial" means a 
 14.2   disposition of a dead human body by burial, without formal 
 14.3   viewing, visitation, or ceremony with the body present, except 
 14.4   for a graveside service. 
 14.5      Subd. 27.  [INTERN.] "Intern" means an individual that has 
 14.6   met the educational and testing requirements for a license to 
 14.7   practice mortuary science in Minnesota, has registered with the 
 14.8   commissioner of health, and is engaged in the practice of 
 14.9   mortuary science under the direction and supervision of a 
 14.10  currently licensed Minnesota mortuary science practitioner. 
 14.11     Subd. 28.  [LICENSEE.] "Licensee" means any person or other 
 14.12  legal entity that has been issued a license to practice mortuary 
 14.13  science, to operate a funeral establishment, or to operate a 
 14.14  crematory by the Minnesota commissioner of health. 
 14.15     Subd. 29.  [MEMORIAL SERVICE.] "Memorial service" means a 
 14.16  ceremony or rite commemorating the deceased without the body 
 14.17  present. 
 14.18     Subd. 30.  [MORTICIAN.] "Mortician" means any person who, 
 14.19  for compensation, practices the art of embalming and arranges, 
 14.20  directs, or supervises funerals, memorial services, or graveside 
 14.21  services, or engages in the business or practice of preparing 
 14.22  dead human bodies for final disposition.  
 14.23     Subd. 31.  [MORTUARY SCIENCE.] "Mortuary science" means the 
 14.24  study and practice of preparing dead human bodies for final 
 14.25  disposition and providing funeral services.  Mortuary science 
 14.26  includes any conduct or action associated with the removal, 
 14.27  preparation, transportation, arrangements for disposition, or 
 14.28  final disposition of dead human bodies, including the actions 
 14.29  and duties of a mortician or a funeral director.  
 14.30     Subd. 32.  [OTHER LEGAL ENTITY.] "Other legal entity" means 
 14.31  any organization, corporation, limited liability company, 
 14.32  partnership, association, or other legally recognized business 
 14.33  form.  
 14.34     Subd. 33.  [OUTER BURIAL CONTAINER.] "Outer burial 
 14.35  container" means any container which is designed for placement 
 14.36  in the grave around a casket or alternative container including, 
 15.1   but not limited to, containers commonly known as burial vaults, 
 15.2   grave boxes, and grave liners. 
 15.3      Subd. 34.  [PRACTICUM STUDENT.] "Practicum student" means a 
 15.4   person officially registered for a practicum through an 
 15.5   accredited college or university or a college of funeral service 
 15.6   education accredited by the American Board of Funeral Service 
 15.7   Education. 
 15.8      Subd. 35.  [PREPARATION OF THE BODY.] "Preparation of the 
 15.9   body" means embalming of the body or such items of care as 
 15.10  washing, disinfecting, shaving, positioning of features, 
 15.11  restorative procedures, care of hair, application of cosmetics, 
 15.12  dressing, and casketing. 
 15.13     Subd. 36.  [PROFESSIONAL SERVICES.] "Professional services" 
 15.14  means the basic services of the funeral director or mortician 
 15.15  and staff that are furnished by the funeral provider in 
 15.16  arranging final disposition.  The services include, but are not 
 15.17  limited to, conducting the arrangement conference, planning 
 15.18  visitations and the funeral, memorial service, or graveside 
 15.19  service, arranging for final disposition by securing, preparing, 
 15.20  and filing necessary permits and documents, and placing obituary 
 15.21  notices. 
 15.22     Subd. 37.  [PUBLIC TRANSPORTATION.] "Public transportation" 
 15.23  means all manner of transportation via common carrier available 
 15.24  to the general public including airlines, buses, railroads, and 
 15.25  ships.  For purposes of this chapter a livery service providing 
 15.26  transportation to private funeral establishments or crematories 
 15.27  is not public transportation. 
 15.28     Subd. 38.  [TRANSPORTATION COSTS.] "Transportation costs" 
 15.29  means all costs associated with the use of the vehicle used for 
 15.30  the initial transfer of the deceased, the funeral coach, funeral 
 15.31  sedans, the flower car, any service or utility vehicles, and 
 15.32  public transportation. 
 15.33     Subd. 39.  [TRANSPORTATION OF A DEAD HUMAN 
 15.34  BODY.] "Transportation of a dead human body" means any movement 
 15.35  of a dead human body by private vehicle, any other appropriate 
 15.36  conveyance, or public transportation from the place of death, to 
 16.1   or between funeral establishments, or to any destination for 
 16.2   final disposition.  
 16.3      Subd. 40.  [UNIVERSAL PRECAUTIONS.] "Universal precautions" 
 16.4   means the universal blood and body fluid precautions recommended 
 16.5   by the United States Public Health Service, Centers for Disease 
 16.6   Control, to prevent transmission of blood-borne and body 
 16.7   fluid-borne infectious diseases. 
 16.8      Subd. 41.  [USE OF FACILITIES.] "Use of facilities" means 
 16.9   the provision of a chapel or room for visitation, provision of a 
 16.10  chapel or room for the funeral or memorial service, provision of 
 16.11  facilities for parking, or provision of office space for 
 16.12  administrative or planning purposes. 
 16.13     Sec. 6.  [149A.03] [DUTIES OF COMMISSIONER.] 
 16.14     Subdivision 1.  [GENERAL.] The commissioner shall: 
 16.15     (a) promulgate, adopt, or enforce all laws and rules 
 16.16  relating to the: 
 16.17     (1) removal, preparation, transportation, arrangements for 
 16.18  disposition, and final disposition of dead human bodies; 
 16.19     (2) licensure and professional conduct of funeral 
 16.20  directors, morticians, and interns; 
 16.21     (3) licensing and operation of a funeral establishment; and 
 16.22     (4) licensing and operation of a crematory; 
 16.23     (b) provide copies of the requirements for licensure and 
 16.24  permits to all applicants; 
 16.25     (c) administer examinations and issue licenses and permits 
 16.26  to qualified persons and other legal entities; 
 16.27     (d) maintain a record of the name and location of all 
 16.28  current licensees and interns; 
 16.29     (e) perform periodic compliance reviews and premise 
 16.30  inspections of licensees; 
 16.31     (f) accept and investigate complaints relating to conduct 
 16.32  governed by this chapter; 
 16.33     (g) maintain a record of all current preneed arrangement 
 16.34  trust accounts; 
 16.35     (h) maintain a schedule of application, examination, 
 16.36  permit, and licensure fees, initial and renewal, sufficient to 
 17.1   cover all necessary operating expenses; 
 17.2      (i) educate the public about the existence and content of 
 17.3   the laws and rules for mortuary science licensing and the 
 17.4   removal, preparation, transportation, arrangements for 
 17.5   disposition, and final disposition of dead human bodies to 
 17.6   enable consumers to file complaints against licensees and others 
 17.7   who may have violated those laws or rules; 
 17.8      (j) evaluate the laws, rules, and procedures regulating the 
 17.9   practice of mortuary science in order to refine the standards 
 17.10  for licensing and to improve the regulatory and enforcement 
 17.11  methods used; and 
 17.12     (k) initiate proceedings to address and remedy deficiencies 
 17.13  and inconsistencies in the laws, rules, or procedures governing 
 17.14  the practice of mortuary science and the removal, preparation, 
 17.15  transportation, arrangements for disposition, and final 
 17.16  disposition of dead human bodies. 
 17.17     Sec. 7.  [149A.04] [ENFORCEMENT.] 
 17.18     Subdivision 1.  [GENERAL AUTHORITY.] The provisions of this 
 17.19  chapter and all laws, now in force or later enacted, rules, 
 17.20  orders, stipulation agreements, settlements, compliance 
 17.21  agreements, licenses, and permits adopted, promulgated, or 
 17.22  issued for the regulation of the removal, preparation, 
 17.23  transportation, arrangements for disposition, or final 
 17.24  disposition of dead human bodies or for the regulation of the 
 17.25  practice of mortuary science may be enforced under this section. 
 17.26     Subd. 2.  [INSPECTIONS.] The commissioner or a designee of 
 17.27  the commissioner shall conduct initial licensure inspections and 
 17.28  corrective order reinspections.  As a condition of continued 
 17.29  licensure, compliance reviews or premises inspections of 
 17.30  licensees shall be conducted by the commissioner or a designee 
 17.31  of the commissioner at least biennially.  A compliance review or 
 17.32  an inspection of the premises of any person or other legal 
 17.33  entity subject to regulation under this chapter may also be 
 17.34  conducted when the commissioner reasonably suspects that there 
 17.35  may be a violation or a threat of a violation of any law now in 
 17.36  force or later enacted, rule, order, stipulation agreement, 
 18.1   settlement, compliance agreement, license, or permit adopted or 
 18.2   issued by the commissioner.  When possible, all inspections and 
 18.3   compliance reviews shall be conducted without prior notice to 
 18.4   the subject of the inspection or review and shall be performed 
 18.5   in the presence of the subject of the inspection or review or an 
 18.6   authorized representative of the subject of the inspection or 
 18.7   review. 
 18.8      Subd. 3.  [ACCESS TO INFORMATION AND PROPERTY.] The 
 18.9   commissioner or a designee of the commissioner, upon 
 18.10  presentation of credentials, may: 
 18.11     (a) examine and copy any relevant books, papers, records, 
 18.12  memoranda, or data of any person or other legal entity subject 
 18.13  to regulation under this chapter; and 
 18.14     (b) enter upon any property, public or private, for the 
 18.15  purpose of taking any action authorized under laws, rules, 
 18.16  orders, stipulation agreements, settlements, compliance 
 18.17  agreements, licenses, or permits adopted or issued by the 
 18.18  commissioner, including obtaining information from a person or 
 18.19  other legal entity that has a duty to provide information under 
 18.20  this chapter or conducting inspections or investigations. 
 18.21     Subd. 4.  [SUBPOENA POWER.] The commissioner may, as part 
 18.22  of an investigation, issue subpoenas to require the attendance 
 18.23  and testimony of witnesses and production of books, records, 
 18.24  correspondence, and other information relevant to any matter 
 18.25  involved in the investigation.  The commissioner or the 
 18.26  commissioner's designee may administer oaths to witnesses or 
 18.27  take their affirmation.  The subpoenas may be served upon any 
 18.28  person named therein anywhere in the state by any person 
 18.29  authorized to serve subpoenas or other processes in civil 
 18.30  actions of the district courts.  If a person or other legal 
 18.31  entity to whom a subpoena is issued does not comply with the 
 18.32  subpoena, the commissioner may apply to the district court in 
 18.33  any district and the court may order compliance with the 
 18.34  subpoena.  Failure to obey the order of the court may be 
 18.35  punished as contempt of court. 
 18.36     Subd. 5.  [INFORMATION ON INVESTIGATIONS AND DISCIPLINARY 
 19.1   ACTIONS.] Information relating to any disciplinary measures or 
 19.2   actions anticipated or taken by the commissioner is classified 
 19.3   as follows: 
 19.4      (a) information regarding active investigations is 
 19.5   classified as investigative data under section 13.39, 
 19.6   subdivision 2, with: 
 19.7      (1) data not on individuals further classified as protected 
 19.8   nonpublic data pursuant to section 13.02, subdivision 1; and 
 19.9      (2) data on individuals further classified as confidential 
 19.10  pursuant to section 13.02, subdivision 3; 
 19.11     (b) information regarding inactive investigations is 
 19.12  classified as licensing data under section 13.41, subdivision 2, 
 19.13  with: 
 19.14     (1) the following data further classified as private 
 19.15  pursuant to section 13.02, subdivision 12: 
 19.16     (i) the identity of complainants who have made reports to 
 19.17  the commissioner concerning alleged violations or unlicensed 
 19.18  activities which appear in inactive complaint data unless the 
 19.19  complainant consents to the disclosure; 
 19.20     (ii) the nature or content of unsubstantiated complaints 
 19.21  when the information is not maintained in anticipation of legal 
 19.22  action; 
 19.23     (iii) inactive investigative data relating to violations of 
 19.24  statutes or rules; and 
 19.25     (iv) the record of any disciplinary proceeding, except as 
 19.26  described in paragraph (c), clause (2); 
 19.27     (c) information regarding orders for hearing, findings of 
 19.28  fact, conclusions of law, and specification of the final 
 19.29  disciplinary action contained in the record of the disciplinary 
 19.30  action are classified as licensing data under section 13.41, 
 19.31  subdivision 4, with: 
 19.32     (1) this data further classified as public, pursuant to 
 19.33  section 13.02, subdivision 15; and 
 19.34     (2) where there is a public hearing concerning the 
 19.35  disciplinary action, the entire record concerning the 
 19.36  disciplinary proceeding is further classified as public, 
 20.1   pursuant to section 13.02, subdivision 15. 
 20.2      Subd. 6.  [COOPERATION WITH OTHER AUTHORITIES.] The 
 20.3   commissioner shall encourage and promote cooperation between and 
 20.4   among other state and federal authorities where there is 
 20.5   concurrent or overlapping enforcement or licensing jurisdiction. 
 20.6      Sec. 8.  [149A.05] [CORRECTION ORDERS.] 
 20.7      Subdivision 1.  [AUTHORIZATION.] The commissioner may issue 
 20.8   correction orders that require a person or other legal entity 
 20.9   subject to regulation under this chapter to correct violations 
 20.10  of the laws, rules, orders, stipulation agreements, settlements, 
 20.11  compliance agreements, licenses, and permits adopted or issued 
 20.12  by the commissioner.  
 20.13     Subd. 2.  [CONTENTS OF ORDER.] The correction order must 
 20.14  include: 
 20.15     (1) a concise statement of the deficiencies alleged to 
 20.16  constitute the violation; 
 20.17     (2) a reference to the section of law, rule, order, 
 20.18  stipulation agreement, settlement, compliance agreement, 
 20.19  license, or permit that has been violated; 
 20.20     (3) a statement of the time by and the manner in which the 
 20.21  violation must be corrected; and 
 20.22     (4) a statement of the right to request a hearing under 
 20.23  sections 14.57 to 14.62. 
 20.24     Subd. 3.  [REQUEST FOR HEARING, HEARING, AND FINAL ORDER.] 
 20.25  A request for hearing must be in writing, delivered to the 
 20.26  commissioner by certified mail within 20 calendar days after the 
 20.27  receipt of the correction order, and specifically state the 
 20.28  reasons for seeking review of the order.  The commissioner must 
 20.29  initiate a hearing within 30 calendar days from the date of 
 20.30  receipt of the written request for hearing.  The hearing shall 
 20.31  be conducted pursuant to the contested case procedures in 
 20.32  sections 14.57 to 14.62.  No earlier than ten calendar days 
 20.33  after and within 30 calendar days of receipt of the presiding 
 20.34  administrative law judge's report, the commissioner shall issue 
 20.35  a final order modifying, vacating, or making permanent the 
 20.36  correction order as the facts require.  If, within 20 calendar 
 21.1   days of receipt of the correction order, the person or other 
 21.2   legal entity that is the subject of the order fails to request a 
 21.3   hearing in writing, the correction order becomes the final order 
 21.4   of the commissioner.  
 21.5      Subd. 4.  [REVIEW OF FINAL ORDER.] A judicial review of the 
 21.6   final order issued by the commissioner subsequent to a contested 
 21.7   case hearing may be requested in the manner prescribed in 
 21.8   sections 14.63 to 14.69.  Failure to request a contested case 
 21.9   hearing pursuant to subdivision 3 shall constitute a waiver of 
 21.10  the right to further agency or judicial review of the final 
 21.11  order. 
 21.12     Subd. 5.  [REINSPECTIONS AND EFFECT OF NONCOMPLIANCE.] If 
 21.13  upon reinspection, or in the determination of the commissioner, 
 21.14  it is found that any deficiency specified in a correction order 
 21.15  has not been corrected by the person or other legal entity that 
 21.16  is subject to the correction order is in noncompliance.  The 
 21.17  commissioner shall issue a notice of noncompliance and may 
 21.18  impose any additional remedy available under this chapter. 
 21.19     Sec. 9.  [149A.06] [ADMINISTRATIVE PENALTY ORDERS.] 
 21.20     Subdivision 1.  [AUTHORIZATION.] The commissioner may issue 
 21.21  an order requiring violations to be corrected and 
 21.22  administratively assessing monetary penalties for violations of 
 21.23  the laws, rules, orders, stipulation agreements, settlements, 
 21.24  compliance agreements, licenses, and permits promulgated, 
 21.25  adopted, enforced, or issued by the commissioner. 
 21.26     Subd. 2.  [CONTENTS OF ORDER.] An order assessing an 
 21.27  administrative penalty under this section must include: 
 21.28     (1) a concise statement of the facts alleged to constitute 
 21.29  a violation; 
 21.30     (2) a reference to the section of law, rule, order, 
 21.31  stipulation agreement, settlement, compliance agreement, 
 21.32  license, or permit that has been violated; 
 21.33     (3) a statement of the amount of the administrative penalty 
 21.34  to be imposed and the factors upon which the penalty is based; 
 21.35  and 
 21.36     (4) a statement of the right to request a hearing pursuant 
 22.1   to sections 14.57 to 14.62. 
 22.2      Subd. 3.  [CONCURRENT CORRECTIVE ORDER.] The commissioner 
 22.3   may issue an order assessing an administrative penalty and 
 22.4   requiring the violations cited in the order to be corrected 
 22.5   within 30 calendar days from the date the order is received.  
 22.6   The subject of the order shall provide to the commissioner 
 22.7   before the 31st day after the order was received, information 
 22.8   demonstrating that the violation has been corrected or that a 
 22.9   corrective plan, acceptable to the commissioner, has been 
 22.10  developed.  The commissioner shall determine whether the 
 22.11  violation has been corrected and notify the subject of the order 
 22.12  of the commissioner's determination. 
 22.13     Subd. 4.  [PENALTY.] If the commissioner determines that 
 22.14  the violation has been corrected or an acceptable corrective 
 22.15  plan has been developed, the penalty may be forgiven, except, 
 22.16  where there are repeated or serious violations, the commissioner 
 22.17  may issue an order with a penalty that will not be forgiven 
 22.18  after corrective action is taken.  Unless there is a request for 
 22.19  review of the order under subdivision 6 before the penalty is 
 22.20  due, the penalty is due and payable: 
 22.21     (a) on the 31st calendar day after the order was received, 
 22.22  if the subject of the order fails to provide information to the 
 22.23  commissioner showing that the violation has been corrected or 
 22.24  that appropriate steps have been taken toward correcting the 
 22.25  violation; 
 22.26     (b) on the 20th day after the subject of the order receives 
 22.27  the commissioner's determination that the information provided 
 22.28  is not sufficient to show that the violation has been corrected 
 22.29  or that appropriate steps have been taken toward correcting the 
 22.30  violation; or 
 22.31     (c) on the 31st day after the order was received where the 
 22.32  penalty is for repeated or serious violations and according to 
 22.33  the order issued the penalty will not be forgiven after 
 22.34  corrective action is taken.  
 22.35     All penalties due under this section are payable to the 
 22.36  treasurer, state of Minnesota, and shall be credited to the 
 23.1   state government special revenue fund in the state treasury. 
 23.2      Subd. 5.  [AMOUNT OF PENALTY; CONSIDERATIONS.] The maximum 
 23.3   amount of administrative penalty orders is $10,000 for each 
 23.4   specific violation identified in an inspection, investigation, 
 23.5   or compliance review.  The commissioner shall establish, by 
 23.6   internal agency policy, the amount of the administrative penalty 
 23.7   and shall consider the following: 
 23.8      (a) in determining the amount of the administrative penalty:
 23.9      (1) the willfulness of the violation; 
 23.10     (2) the gravity of the violation; 
 23.11     (3) the history of past violations; 
 23.12     (4) the number of violations; 
 23.13     (5) the economic benefit gained by the person, or other 
 23.14  legal entity allowing or committing the violation; and 
 23.15     (6) other factors as justice may require, if the 
 23.16  commissioner specifically identifies the additional factors in 
 23.17  the commissioner's order; and 
 23.18     (b) in determining the amount of a penalty for a violation 
 23.19  subsequent to an initial violation under paragraph (a), the 
 23.20  commissioner shall also consider: 
 23.21     (1) the similarity of the most recent previous violation 
 23.22  and the violation to be penalized; 
 23.23     (2) the time elapsed since the last violation; and 
 23.24     (3) the response of the subject of the order to the most 
 23.25  recent previous violation. 
 23.26     Subd. 6.  [REQUEST FOR HEARING, HEARING, AND FINAL ORDER.] 
 23.27  A request for hearing must be in writing, delivered to the 
 23.28  commissioner by certified mail within 20 calendar days after the 
 23.29  receipt of the order, and specifically state the reasons for 
 23.30  seeking review of the order.  The commissioner must initiate a 
 23.31  hearing within 30 calendar days from the date of receipt of the 
 23.32  written request for hearing.  The hearing shall be conducted 
 23.33  pursuant to sections 14.57 to 14.62.  No earlier than ten 
 23.34  calendar days after and within 30 calendar days of receipt of 
 23.35  the presiding administrative law judge's report, the 
 23.36  commissioner shall, based on all relevant facts, issue a final 
 24.1   order modifying, vacating, or making the original order 
 24.2   permanent.  If, within 20 calendar days of receipt of the 
 24.3   original order, the person or other legal entity that is the 
 24.4   subject of the order fails to request a hearing in writing, the 
 24.5   order becomes the final order of the commissioner.  
 24.6      Subd. 7.  [REVIEW OF FINAL ORDER AND PAYMENT OF PENALTY.] 
 24.7   Once the commissioner issues a final order, any penalty due 
 24.8   under that order shall be paid within 30 calendar days after the 
 24.9   date of the final order, unless review of the final order is 
 24.10  requested.  The final order of the commissioner may be appealed 
 24.11  in the manner prescribed in sections 14.63 to 14.69.  If the 
 24.12  final order is reviewed and upheld, the penalty shall be paid 30 
 24.13  calendar days after the date of the decision of the reviewing 
 24.14  court.  Failure to request an administrative hearing pursuant to 
 24.15  subdivision 6 shall constitute a waiver of the right to further 
 24.16  agency or judicial review of the final order. 
 24.17     Subd. 8.  [REINSPECTIONS AND EFFECT OF NONCOMPLIANCE.] If 
 24.18  upon reinspection, or in the determination of the commissioner, 
 24.19  it is found that any deficiency specified in the order has not 
 24.20  been corrected or an acceptable corrective plan has not been 
 24.21  developed the person or other legal entity that is subject to 
 24.22  the order is in noncompliance.  The commissioner shall issue a 
 24.23  notice of noncompliance and may impose any additional remedy 
 24.24  available under this chapter. 
 24.25     Subd. 9.  [ENFORCEMENT.] The attorney general may proceed 
 24.26  on behalf of the commissioner to enforce penalties that are due 
 24.27  and payable under this section in any manner provided by law for 
 24.28  the collection of debts. 
 24.29     Subd. 10.  [REVOCATION; SUSPENSION; DENIAL OF LICENSE; 
 24.30  PERMIT; OR REGISTRATION.] Failure to pay penalties owed under 
 24.31  this section constitutes grounds for the revocation or 
 24.32  suspension of or refusal to reissue a license or permit issued 
 24.33  by the commissioner under this chapter. 
 24.34     Subd. 11.  [CUMULATIVE REMEDY.] The authority of the 
 24.35  commissioner to issue an administrative penalty order is in 
 24.36  addition to other lawfully available remedies. 
 25.1      Subd. 12.  [MEDIATION.] In addition to review under 
 25.2   subdivision 6, the commissioner is authorized to enter into 
 25.3   mediation concerning an order issued under this section if the 
 25.4   commissioner and the subject of that order agree to mediation. 
 25.5      Sec. 10.  [149A.07] [INJUNCTIVE RELIEF.] 
 25.6      In addition to any other remedy provided by law, the 
 25.7   commissioner may bring an action for injunctive relief in any 
 25.8   district court in any district in Minnesota to restrain any 
 25.9   person or other legal entity from violation or threatened 
 25.10  violation of any law, rule, order, stipulation agreement, 
 25.11  settlement, compliance agreement, license, or permit which the 
 25.12  commissioner is empowered to regulate, enforce, or issue. 
 25.13     Sec. 11.  [149A.08] [CEASE AND DESIST ORDER.] 
 25.14     Subdivision 1.  [AUTHORIZATION.] In addition to any other 
 25.15  remedy provided by law, the commissioner may issue a cease and 
 25.16  desist order to stop a person or other legal entity from 
 25.17  violating or threatening to violate any law, rule, order, 
 25.18  stipulation agreement, settlement, compliance agreement, 
 25.19  license, or permit which the commissioner is empowered to 
 25.20  regulate, enforce, or issue.  
 25.21     Subd. 2.  [CONTENTS OF ORDER.] The cease and desist order 
 25.22  must be in writing, state the specific reason for its issuance, 
 25.23  and give notice of the right to request a hearing under sections 
 25.24  14.57 to 14.62. 
 25.25     Subd. 3.  [REQUEST FOR HEARING; HEARING; AND FINAL ORDER.] 
 25.26  A request for hearing must be in writing, delivered to the 
 25.27  commissioner by certified mail within 20 calendar days after the 
 25.28  receipt of the cease and desist order, and specifically state 
 25.29  the reasons for seeking review of the order.  The commissioner 
 25.30  must initiate a hearing within 30 calendar days from the date of 
 25.31  receipt of the written request for hearing.  The hearing shall 
 25.32  be conducted pursuant to sections 14.57 to 14.62.  No earlier 
 25.33  than ten calendar days but within 30 calendar days of receipt of 
 25.34  the presiding administrative law judge's report, the 
 25.35  commissioner shall issue a final order modifying, vacating, or 
 25.36  making permanent the cease and desist order as the facts 
 26.1   require.  If, within 20 calendar days of receipt of the cease 
 26.2   and desist order, the subject of the order fails to request a 
 26.3   hearing in writing, the cease and desist order becomes the final 
 26.4   order of the commissioner.  
 26.5      Subd. 4.  [REQUEST FOR STAY.] When a request for a stay 
 26.6   accompanies a timely hearing request, the commissioner may, in 
 26.7   the commissioner's discretion, grant the stay.  If the 
 26.8   commissioner does not grant a requested stay, the commissioner 
 26.9   shall refer the request to the office of administrative hearings 
 26.10  within three working days from the receipt of the request.  
 26.11  Within ten calendar days after receiving the request from the 
 26.12  commissioner, an administrative law judge shall issue a 
 26.13  recommendation to grant or deny the stay.  The commissioner 
 26.14  shall grant or deny the stay within five calendar days of 
 26.15  receiving the administrative law judge's recommendation. 
 26.16     Subd. 5.  [REVIEW OF FINAL ORDER.] A judicial review of the 
 26.17  final order issued by the commissioner may be requested in the 
 26.18  manner prescribed in sections 14.63 to 14.69.  Failure to 
 26.19  request a hearing pursuant to subdivision 3 shall constitute a 
 26.20  waiver of the right to further agency or judicial review of the 
 26.21  final order. 
 26.22     Subd. 6.  [EFFECT OF NONCOMPLIANCE WITH ORDER.] In the 
 26.23  event of noncompliance with the cease and desist order, the 
 26.24  commissioner may: 
 26.25     (1) institute a proceeding in any district court in any 
 26.26  district in Minnesota to obtain injunctive relief; 
 26.27     (2) impose an administrative penalty, pursuant to section 
 26.28  149A.06, for each separate violation; or 
 26.29     (3) revoke, suspend, limit, or condition the license or 
 26.30  permit issued to the subject of the cease and desist order. 
 26.31     Subd. 7.  [ADDITIONAL REMEDIES.] The issuance of a cease 
 26.32  and desist order or injunctive relief does not relieve a person 
 26.33  or other legal entity subject to regulation under this chapter 
 26.34  from criminal prosecution by a competent authority. 
 26.35     Sec. 12.  [149A.09] [DENIAL; REFUSAL TO REISSUE; 
 26.36  REVOCATION; SUSPENSION; LIMITATION OF LICENSE OR PERMIT.] 
 27.1      Subdivision 1.  [DENIAL; REFUSAL TO RENEW; REVOCATION; AND 
 27.2   SUSPENSION.] The commissioner may deny, refuse to renew, revoke, 
 27.3   or suspend any license or permit applied for or issued pursuant 
 27.4   to this chapter when the person or other legal entity subject to 
 27.5   regulation under this chapter: 
 27.6      (a) does not meet or fails to maintain the minimum 
 27.7   qualification for holding a license or permit under this 
 27.8   chapter; 
 27.9      (b) submits false or misleading material information to the 
 27.10  commissioner in connection with a license or permit issued by 
 27.11  the commissioner or the application for a license or permit; 
 27.12     (c) violates any law, rule, order, stipulation agreement, 
 27.13  settlement, compliance agreement, license, or permit that 
 27.14  regulates the removal, preparation, transportation, arrangements 
 27.15  for disposition, or final disposition of dead human bodies in 
 27.16  Minnesota or any other state in the United States; 
 27.17     (d) is convicted of a crime, including a finding or verdict 
 27.18  of guilt, an admission of guilt, or a no contest plea in any 
 27.19  court in Minnesota or any other jurisdiction in the United 
 27.20  States.  "Conviction," as used in this subdivision, includes a 
 27.21  conviction for an offense which, if committed in this state, 
 27.22  would be deemed a felony or gross misdemeanor without regard to 
 27.23  its designation elsewhere, or a criminal proceeding where a 
 27.24  finding or verdict of guilty is made or returned, but the 
 27.25  adjudication of guilt is either withheld or not entered; 
 27.26     (e) is convicted of a crime, including a finding or verdict 
 27.27  of guilt, an admission of guilt, or a no contest plea in any 
 27.28  court in Minnesota or any other jurisdiction in the United 
 27.29  States that the commissioner determines is reasonably related to 
 27.30  the removal, preparation, transportation, arrangements for 
 27.31  disposition or final disposition of dead human bodies, or the 
 27.32  practice of mortuary science; 
 27.33     (f) is adjudicated as mentally incompetent, mentally ill, 
 27.34  mentally retarded, or mentally ill and dangerous to the public; 
 27.35     (g) has a conservator or guardian appointed; 
 27.36     (h) fails to comply with an order issued by the 
 28.1   commissioner or fails to pay an administrative penalty imposed 
 28.2   by the commissioner; 
 28.3      (i) owes uncontested delinquent taxes in the amount of $500 
 28.4   or more to the Minnesota department of revenue, or any other 
 28.5   governmental agency authorized to collect taxes anywhere in the 
 28.6   United States; 
 28.7      (j) is in arrears on any court ordered family or child 
 28.8   support obligations; or 
 28.9      (k) engages in any conduct that, in the determination of 
 28.10  the commissioner, is unprofessional as prescribed in section 
 28.11  149A.70, subdivision 7, or renders the person, or other legal 
 28.12  entity unfit to practice mortuary science or to operate a 
 28.13  funeral establishment or crematory. 
 28.14     Subd. 2.  [HEARINGS RELATED TO REFUSAL TO RENEW; 
 28.15  SUSPENSION; OR REVOCATION OF LICENSE OR PERMIT.] If the 
 28.16  commissioner proposes to deny renewal, suspend, or revoke a 
 28.17  license or permit issued under this chapter, the commissioner 
 28.18  must first notify, in writing, the person or other legal entity 
 28.19  against whom the action is proposed to be taken and provide an 
 28.20  opportunity to request a hearing under the contested case 
 28.21  provisions of sections 14.57 to 14.62.  If the subject of the 
 28.22  proposed action does not request a hearing by notifying the 
 28.23  commissioner, by mail, within 20 calendar days after the receipt 
 28.24  of the notice of proposed action, the commissioner may proceed 
 28.25  with the action without a hearing and the action will be the 
 28.26  final order of the commissioner. 
 28.27     Subd. 3.  [REVIEW OF FINAL ORDER.] A judicial review of the 
 28.28  final order issued by the commissioner may be requested in the 
 28.29  manner prescribed in sections 14.63 to 14.69.  Failure to 
 28.30  request a hearing pursuant to subdivision 2 shall constitute a 
 28.31  waiver of the right to further agency or judicial review of the 
 28.32  final order. 
 28.33     Subd. 4.  [LIMITATIONS OR QUALIFICATIONS PLACED ON LICENSE 
 28.34  OR PERMIT.] The commissioner may, where the facts support such 
 28.35  action, place reasonable limitations or qualifications on the 
 28.36  right to practice mortuary science or to operate a funeral 
 29.1   establishment or crematory. 
 29.2      Subd. 5.  [RESTORING LICENSE OR PERMIT.] The commissioner 
 29.3   may, where there is sufficient reason, restore a license or 
 29.4   permit that has been revoked, reduce a period of suspension, or 
 29.5   remove limitations or qualifications. 
 29.6      Sec. 13.  [149A.10] [ADDITIONAL REMEDIES.] 
 29.7      Subdivision 1.  [REIMBURSEMENT OF COSTS.] The commissioner 
 29.8   may impose a fee on any person or other legal entity subject to 
 29.9   regulation under this chapter to reimburse the office for all or 
 29.10  part of the cost of contested case proceedings or civil action 
 29.11  resulting in disciplinary action, including, but not limited to, 
 29.12  the amount paid by the commissioner for services from the office 
 29.13  of administrative hearings, attorney fees, court reports, 
 29.14  witnesses, reproduction of records, staff time, and other 
 29.15  expenses.  
 29.16     Subd. 2.  [CONTESTED CASE AND CIVIL ACTION; AWARD OF FEES 
 29.17  AND EXPENSES.] In a contested case proceeding or a civil action, 
 29.18  the prevailing party other than the state, upon a showing that 
 29.19  the position of the state was not substantially justified, shall 
 29.20  be awarded fees and other expenses pursuant to sections 14.62, 
 29.21  subdivision 3; and 15.471 to 15.474. 
 29.22     Subd. 3.  [OTHER ACTIONS.] The commissioner may take any 
 29.23  other lawful action justified by the facts of the case. 
 29.24     Sec. 14.  [149A.11] [PUBLICATION OF DISCIPLINARY ACTIONS.] 
 29.25     At least annually, the commissioner shall publish and make 
 29.26  available to the public a description of all disciplinary 
 29.27  measures or actions taken by the commissioner.  The publication 
 29.28  shall include, for each disciplinary measure or action taken, 
 29.29  the name and business address of the licensee or intern, the 
 29.30  nature of the misconduct, and the measure or action taken by the 
 29.31  commissioner. 
 29.32     Sec. 15.  [149A.20] [LICENSE TO PRACTICE MORTUARY SCIENCE.] 
 29.33     Subdivision 1.  [LICENSE REQUIRED.] Except as provided in 
 29.34  section 149A.01, subdivision 3, any person who takes charge of, 
 29.35  removes from the place of death, or transports a dead human 
 29.36  body, or prepares a dead human body for final disposition in any 
 30.1   manner, or arranges, directs, or supervises a funeral, memorial 
 30.2   service, or graveside service must possess a valid license to 
 30.3   practice mortuary science issued by the Minnesota commissioner 
 30.4   of health. 
 30.5      Subd. 2.  [EFFECTIVE DATE.] The requirements in 
 30.6   subdivisions 3 to 13 for initial licensure in mortuary science 
 30.7   are effective on June 30, 1996, except as provided in this 
 30.8   chapter. 
 30.9      Subd. 3.  [AGE REQUIREMENT.] The person must be at least 21 
 30.10  years of age. 
 30.11     Subd. 4.  [EDUCATIONAL REQUIREMENT.] (a) Effective on 
 30.12  January 1, 1998, the person shall have: 
 30.13     (1) received a bachelor of science degree with a major in 
 30.14  mortuary science from an accredited college or university; 
 30.15     (2) received a bachelor of science or arts degree from an 
 30.16  accredited college or university and completed a separate course 
 30.17  of study in mortuary science from a college of funeral service 
 30.18  education accredited by the American Board of Funeral Service 
 30.19  Education; or 
 30.20     (3) completed credit hours at accredited colleges or 
 30.21  universities that in the numerical aggregate and distribution 
 30.22  are the functional equivalent of a bachelor of arts or science 
 30.23  degree and have completed a separate course of study in mortuary 
 30.24  science from a college of funeral service education accredited 
 30.25  by the American Board of Funeral Service Education. 
 30.26     (b) In the interim, from July 1, 1996, to December 31, 
 30.27  1997, the educational requirements for initial licensure shall 
 30.28  be: 
 30.29     (1) successful completion of at least 60 semester credit 
 30.30  hours or 90 quarter credit hours at an accredited college or 
 30.31  university with the following minimum credit distribution: 
 30.32     (i) communications, including speech and English, 12 
 30.33  quarter hours or nine semester hours; 
 30.34     (ii) social science, including sociology and psychology, 20 
 30.35  quarter hours or 12 semester hours; 
 30.36     (iii) natural science, including general or inorganic 
 31.1   chemistry and biology, 20 quarter hours or 12 semester hours; 
 31.2      (iv) health education, including personal or community 
 31.3   health, three quarter hours or two semester hours; and 
 31.4      (v) elective areas, 35 quarter hours or 25 semester hours; 
 31.5   and 
 31.6      (2) successful completion of a separate course of study in 
 31.7   mortuary science from a college of funeral service education 
 31.8   accredited by the American Board of Funeral Service Education. 
 31.9      Subd. 5.  [EXAMINATIONS.] After having met the educational 
 31.10  requirements of subdivision 4, a person must attain a passing 
 31.11  score on the National Board Examination administered by the 
 31.12  Conference of Funeral Service Examining Boards of the United 
 31.13  States, Inc. or any other examination that, in the determination 
 31.14  of the commissioner, adequately and accurately assesses the 
 31.15  knowledge and skills required to practice mortuary science.  In 
 31.16  addition, a person must attain a passing score on the state 
 31.17  licensing examination administered by or on behalf of the 
 31.18  commissioner.  The state examination shall encompass the laws 
 31.19  and rules of Minnesota that pertain to the practice of mortuary 
 31.20  science.  The commissioner will make available copies of all 
 31.21  pertinent laws and rules prior to administration of the state 
 31.22  licensing examination. 
 31.23     Subd. 6.  [INTERNSHIP.] A person that attains a passing 
 31.24  score on both examinations in subdivision 5 must complete a 
 31.25  registered internship under the direct supervision of an 
 31.26  individual currently licensed to practice mortuary science in 
 31.27  Minnesota.  Interns must file with the commissioner: 
 31.28     (1) the appropriate fee; and 
 31.29     (2) a registration form indicating the name and home 
 31.30  address of the intern, the date the internship begins, and the 
 31.31  name, license number, and business address of the supervising 
 31.32  mortuary science licensee. 
 31.33     Any changes in information provided in the registration 
 31.34  must be immediately reported to the commissioner.  The 
 31.35  internship shall be a minimum of one calendar year and a maximum 
 31.36  of three calendar years in duration, however, the commissioner 
 32.1   may waive up to three months of the internship time requirement 
 32.2   upon satisfactory completion of the practicum in mortuary 
 32.3   science administered through the program of mortuary science of 
 32.4   the University of Minnesota or a substantially similar program.  
 32.5   Registrations must be renewed on an annual basis if they exceed 
 32.6   one calendar year.  During the internship period the intern must 
 32.7   be under the direct and exclusive supervision of a person 
 32.8   holding a current license to practice mortuary science in 
 32.9   Minnesota.  An intern may be registered under only one licensee 
 32.10  at any given time and may be directed and supervised only by the 
 32.11  registered licensee.  The registered licensee shall have only 
 32.12  one intern registered at any given time.  The commissioner shall 
 32.13  issue to each registered intern a registration permit that must 
 32.14  be displayed with the other establishment and practice 
 32.15  licenses.  While under the direct and exclusive supervision of 
 32.16  the licensee, the intern must actively participate in the 
 32.17  embalming of at least 25 dead human bodies and in the 
 32.18  arrangements for and direction of at least 25 funerals.  Case 
 32.19  reports, on forms provided by the commissioner, shall be 
 32.20  completed by the intern, signed by the supervising licensee, and 
 32.21  filed with the commissioner for at least 25 embalmings and 
 32.22  funerals in which the intern participates. Information contained 
 32.23  in these reports that identifies the subject or the family of 
 32.24  the subject embalmed or the subject or the family of the subject 
 32.25  of the funeral shall be classified under section 13.41 as 
 32.26  private data pursuant to section 13.02, subdivision 12. 
 32.27     Subd. 7.  [APPLICATION PROCEDURE AND DOCUMENTATION.] After 
 32.28  completing the registered internship, the applicant for an 
 32.29  initial license to practice mortuary science must submit to the 
 32.30  commissioner a complete application and the appropriate fee.  A 
 32.31  complete application includes: 
 32.32     (a) a completed application form, as provided by the 
 32.33  commissioner; 
 32.34     (b) proof of age; 
 32.35     (c) an official transcript from each post high school 
 32.36  educational institution attended, including colleges of funeral 
 33.1   service education; 
 33.2      (d) certification of a passing score on the National Board 
 33.3   Examination from the commissioner of the Conference of Funeral 
 33.4   Service Examining Boards of the United States, Inc.; 
 33.5      (e) a copy of the notification of a passing score on the 
 33.6   state licensing examination; 
 33.7      (f) a signed, dated, and notarized affidavit from the 
 33.8   licensee that supervised the Minnesota internship stating the 
 33.9   date the internship began and ended and that both the applicant 
 33.10  and the supervising licensee fulfilled the requirements under 
 33.11  subdivision 6. 
 33.12     Upon receipt of the completed application and appropriate 
 33.13  fee, the commissioner shall review and verify all information.  
 33.14  Upon completion of the verification process and resolution of 
 33.15  any deficiencies in the application information, the 
 33.16  commissioner shall make a determination, based on all the 
 33.17  information available, to grant or deny licensure.  If the 
 33.18  commissioner's determination is to grant licensure, the 
 33.19  applicant shall be notified and the license shall issue and 
 33.20  remain valid for a period prescribed on the license, but not to 
 33.21  exceed one calendar year from the date of issuance of the 
 33.22  license.  If the commissioner's determination is to deny 
 33.23  licensure, the commissioner must notify the applicant, in 
 33.24  writing, of the denial and provide the specific reason for the 
 33.25  denial. 
 33.26     Subd. 8.  [EXAMINATION; PERMIT; AND INITIAL LICENSURE 
 33.27  FEES.] The examination, permit, and licensure fees shall be paid 
 33.28  to the treasurer, state of Minnesota, and shall be credited to 
 33.29  the state government special revenue fund in the state treasury. 
 33.30     Subd. 9.  [PERIOD OF LICENSURE.] All licenses to practice 
 33.31  mortuary science issued by the commissioner shall be valid for 
 33.32  one calendar year, beginning on January 1 and ending on December 
 33.33  31 regardless of the date of issuance.  Fees will not be 
 33.34  prorated.  
 33.35     Subd. 10.  [DISPLAY OF LICENSE.] Each license to practice 
 33.36  mortuary science must be conspicuously displayed at all times in 
 34.1   the holder's place of business.  Conspicuous display means in a 
 34.2   location where a member of the general public within the 
 34.3   holder's place of business will be able to observe and read the 
 34.4   license. 
 34.5      Subd. 11.  [NONTRANSFERABILITY OF LICENSE.] A license to 
 34.6   practice mortuary science is not assignable or transferable and 
 34.7   is not valid for any person other than the individual named. 
 34.8      Subd. 12.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 34.9   change of license information must be reported to the 
 34.10  commissioner, on forms provided by the commissioner, no later 
 34.11  than 30 calendar days after the change occurs.  Failure to 
 34.12  report changes is grounds for disciplinary action. 
 34.13     Subd. 13.  [APPLICATION INFORMATION.] All information 
 34.14  submitted to the commissioner by an applicant for licensure to 
 34.15  practice mortuary science is classified under section 13.41, as 
 34.16  private data pursuant to section 13.02, subdivision 12, with the 
 34.17  exception of the name and address of the applicant.  Upon 
 34.18  issuance of a license to practice mortuary science, all 
 34.19  application information becomes public information under section 
 34.20  13.41, subdivision 4, with the exception of internship case 
 34.21  report data as classified under subdivision 6. 
 34.22     Sec. 16.  [149A.30] [RECIPROCAL LICENSING.] 
 34.23     Subdivision 1.  [LICENSEES OF OTHER STATES.] The 
 34.24  commissioner may issue a license to practice mortuary science to 
 34.25  a person who holds a current license or other credential from 
 34.26  another jurisdiction if the commissioner determines that the 
 34.27  requirements for that license or other credential are 
 34.28  substantially similar to the requirements under this chapter.  
 34.29  The individual seeking reciprocal licensing must: 
 34.30     (a) attain a passing score on the Minnesota state licensing 
 34.31  examination; 
 34.32     (b) submit to the commissioner the documentation described 
 34.33  in section 149A.20, subdivision 7, paragraphs (a) and (e); and 
 34.34     (c) pay the appropriate licensing fee. 
 34.35     When, in the determination of the commissioner, all of the 
 34.36  requirements of this section have been met, the commissioner 
 35.1   shall make a determination, based on all the information 
 35.2   available, to grant or deny licensure.  If the commissioner's 
 35.3   determination is to grant licensure, the applicant shall be 
 35.4   notified and the license shall issue and remain valid for a 
 35.5   period prescribed on the license, but not to exceed one calendar 
 35.6   year from the date of issuance of the license.  If the 
 35.7   commissioner's determination is to deny licensure, the 
 35.8   commissioner must notify the applicant, in writing, of the 
 35.9   denial and provide the specific reason for denial. 
 35.10     Subd. 2.  [EXAMINATION AND INITIAL AND RENEWAL RECIPROCAL 
 35.11  LICENSING FEES.] The examination and licensure fees, shall be 
 35.12  paid to the treasurer, state of Minnesota, and shall be credited 
 35.13  to the state government special revenue fund in the state 
 35.14  treasury. 
 35.15     Subd. 3.  [PERIOD OF LICENSURE.] All reciprocal licenses to 
 35.16  practice mortuary science issued by the commissioner shall be 
 35.17  valid for one calendar year, beginning on January 1 and ending 
 35.18  on December 31 regardless of the date of issuance.  Fees will 
 35.19  not be prorated. 
 35.20     Subd. 4.  [DISPLAY OF LICENSE.] Each reciprocal license to 
 35.21  practice mortuary science must be conspicuously displayed at all 
 35.22  times in the holder's place of business.  "Conspicuous display" 
 35.23  means in a location where a member of the general public within 
 35.24  the holder's place of business will be able to observe and read 
 35.25  the license. 
 35.26     Subd. 5.  [NONTRANSFERABILITY OF LICENSE.] A reciprocal 
 35.27  license to practice mortuary science is not assignable or 
 35.28  transferable and shall not be valid for any person other than 
 35.29  the person named. 
 35.30     Subd. 6.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 35.31  change of license information must be reported to the 
 35.32  commissioner, on forms provided by the commissioner, no later 
 35.33  than 30 calendar days after the change occurs.  Failure to 
 35.34  report changes is grounds for disciplinary action. 
 35.35     Subd. 7.  [APPLICATION INFORMATION.] All information 
 35.36  submitted to the commissioner by an applicant for reciprocal 
 36.1   licensure is classified, under section 13.41, as private data 
 36.2   under section 13.02, subdivision 12, with the exception of the 
 36.3   name and address of the applicant.  Upon issuance of a license 
 36.4   to practice mortuary science, all application information 
 36.5   becomes public information under section 13.41, subdivision 4. 
 36.6      Sec. 17.  [149A.40] [RENEWAL OF LICENSE TO PRACTICE 
 36.7   MORTUARY SCIENCE.] 
 36.8      Subdivision 1.  [RENEWAL REQUEST.] All licenses to practice 
 36.9   mortuary science issued by the commissioner expire on December 
 36.10  31 of the calendar year in which the license is issued and must 
 36.11  be renewed to remain valid.  
 36.12     Subd. 2.  [LIMITED LICENSE; FUNERAL DIRECTOR ONLY.] Any 
 36.13  person who held a funeral director only license on July 31, 
 36.14  1957, may renew the license under this section.  Individuals 
 36.15  practicing under a funeral director only license issued under 
 36.16  this subdivision are prohibited from engaging in the practice of 
 36.17  embalming a dead human body. 
 36.18     Subd. 3.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
 36.19  who wish to renew their licenses must submit to the commissioner 
 36.20  a completed renewal application and the renewal fee, no later 
 36.21  than December 31 of the year in which the license was issued.  A 
 36.22  completed renewal application includes: 
 36.23     (a) a completed renewal application form, as provided by 
 36.24  the commissioner; and 
 36.25     (b) the appropriate renewal licensing fee. 
 36.26  Upon receipt of the completed renewal application and 
 36.27  appropriate fee, the commissioner shall review and verify all 
 36.28  information.  Upon completion of the verification process and 
 36.29  resolution of any deficiencies in the renewal application 
 36.30  information, the commissioner shall make a determination, based 
 36.31  on all the information available, to reissue or refuse to 
 36.32  reissue the license.  If the commissioner's determination is to 
 36.33  reissue the license, the applicant shall be notified and the 
 36.34  license shall issue and remain valid for a period prescribed on 
 36.35  the license but not to exceed one calendar year from the date of 
 36.36  issuance of the license.  If the commissioner's determination is 
 37.1   to refuse to reissue the license, the commissioner must first 
 37.2   notify the applicant, in writing, of the proposed action and 
 37.3   provide the applicant an opportunity to request a hearing under 
 37.4   the contested case provisions of sections 14.57 to 14.69.  If 
 37.5   the applicant against whom the proposed action is to be taken 
 37.6   does not request a hearing by notifying the commissioner, by 
 37.7   certified mail, within 20 calendar days after the receipt of the 
 37.8   notice of proposed action, the commissioner may proceed with the 
 37.9   action without a hearing. 
 37.10     Subd. 4.  [PENALTY FOR LATE FILING.] Renewal applications 
 37.11  received after the expiration date of a license will result in 
 37.12  the assessment of a late filing penalty.  The late filing 
 37.13  penalty must be paid before the reissuance of the license and 
 37.14  received by the commissioner no later than 31 calendar days 
 37.15  after the expiration date of the license. 
 37.16     Subd. 5.  [LAPSE OF LICENSE.] A license to practice 
 37.17  mortuary science shall automatically lapse when a completed 
 37.18  renewal application and renewal fee are not received by the 
 37.19  commissioner within 31 calendar days after the expiration date 
 37.20  of a license or a late filing penalty assessed under subdivision 
 37.21  4 is not received by the commissioner within 31 calendar days 
 37.22  after the expiration of a license. 
 37.23     Subd. 6.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
 37.24  license, the person to whom the license was issued is no longer 
 37.25  licensed to practice mortuary science in Minnesota.  The 
 37.26  commissioner shall issue a cease and desist order to prevent the 
 37.27  individual from engaging in the practice of mortuary science in 
 37.28  Minnesota and may pursue any additional lawful remedies as 
 37.29  justified by the case. 
 37.30     Subd. 7.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
 37.31  may restore a lapsed license upon receipt and review of a 
 37.32  completed renewal application, renewal fee, and late filing 
 37.33  penalty, provided that the receipt is made within one calendar 
 37.34  year from the expiration date of the lapsed license and the 
 37.35  person has not violated the cease and desist order issued by the 
 37.36  commissioner.  If a lapsed license is not restored within one 
 38.1   calendar year from the expiration date of the lapsed license, 
 38.2   the person to whom the lapsed license was issued cannot be 
 38.3   relicensed until the requirements set forth in section 149A.20 
 38.4   are met. 
 38.5      Subd. 8.  [RENEWAL FEES.] The renewal fees shall be paid to 
 38.6   the treasurer and shall be credited to the state government 
 38.7   special revenue fund in the state treasury. 
 38.8      Subd. 9.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 38.9   change of license information must be reported to the 
 38.10  commissioner, on forms provided by the commissioner, no later 
 38.11  than 30 calendar days after the change occurs.  Failure to 
 38.12  report changes is grounds for disciplinary action. 
 38.13     Subd. 10.  [APPLICATION INFORMATION.] All information 
 38.14  submitted to the commissioner by an applicant for renewal of 
 38.15  licensure to practice mortuary science is classified, under 
 38.16  section 13.41, as private under section 13.02, subdivision 12, 
 38.17  with the exception of the name and address of the applicant.  
 38.18  Upon reissuance of a license to practice mortuary science, all 
 38.19  application information becomes public information under section 
 38.20  13.41, subdivision 4. 
 38.21     Subd. 11.  [CONTINUING EDUCATION.] The commissioner may, 
 38.22  upon presentation of an appropriate program of continuing 
 38.23  education developed by the Minnesota Funeral Directors 
 38.24  Association, require continuing education hours for renewal of a 
 38.25  license to practice mortuary science. 
 38.26     Sec. 18.  [149A.50] [LICENSE TO OPERATE A FUNERAL 
 38.27  ESTABLISHMENT.] 
 38.28     Subdivision 1.  [LICENSE REQUIRED.] Except as provided in 
 38.29  section 149A.01, subdivision 3, no person or other legal entity 
 38.30  shall maintain, manage, or operate a place or premise devoted to 
 38.31  or used in the holding, care, or preparation of a dead human 
 38.32  body for final disposition or any place used as the office or 
 38.33  place of business for the provision of funeral services without 
 38.34  possessing a valid license to operate a funeral establishment 
 38.35  issued by the commissioner of health. 
 38.36     Subd. 2.  [REQUIREMENTS FOR FUNERAL ESTABLISHMENT.] A 
 39.1   funeral establishment licensed under this section must contain: 
 39.2      (1) a preparation and embalming room as described in 
 39.3   section 149A.92; and 
 39.4      (2) office space for making arrangements. 
 39.5      Subd. 3.  [APPLICATION; PROCEDURE; DOCUMENTATION; INITIAL 
 39.6   INSPECTION.] An applicant for a license to operate a funeral 
 39.7   establishment shall submit to the commissioner a completed 
 39.8   application and the appropriate fees.  A completed application 
 39.9   includes: 
 39.10     (1) a completed application form, as provided by the 
 39.11  commissioner; 
 39.12     (2) proof of business form and ownership; and 
 39.13     (3) proof of liability insurance coverage or other 
 39.14  financial documentation, as determined by the commissioner, that 
 39.15  demonstrates the applicant's ability to respond in damages for 
 39.16  liability arising from the ownership, maintenance, management, 
 39.17  or operation of a funeral establishment. 
 39.18     Upon receipt of the application and appropriate fee, the 
 39.19  commissioner will review and verify all information.  Upon 
 39.20  completion of the verification process and resolution of any 
 39.21  deficiencies in the application information, the commissioner 
 39.22  shall conduct an initial inspection of the premise to be 
 39.23  licensed.  After the inspection and resolution of any 
 39.24  deficiencies found and any reinspections as may be necessary, 
 39.25  the commissioner shall make a determination, based on all the 
 39.26  information available, to grant or deny licensure.  If the 
 39.27  commissioner's determination is to grant the license, the 
 39.28  applicant shall be notified and the license shall issue and 
 39.29  remain valid for a period prescribed on the license but not to 
 39.30  exceed one calendar year from the date of issuance of the 
 39.31  license.  If the commissioner's determination is to deny the 
 39.32  license, the commissioner must notify the applicant, in writing, 
 39.33  of the denial and provide the specific reason for denial. 
 39.34     Subd. 4.  [NONTRANSFERABILITY OF LICENSE.] A license to 
 39.35  operate a funeral establishment is not assignable or 
 39.36  transferable and shall not be valid for any person or other 
 40.1   legal entity other than the one named.  Each license to operate 
 40.2   a funeral establishment issued is valid only for one specific 
 40.3   location, the location identified on the license.  A change in 
 40.4   ownership or location of the funeral establishment automatically 
 40.5   terminates the license.  Separate licenses shall be required of 
 40.6   two or more persons or other legal entities operating from the 
 40.7   same location. 
 40.8      Subd. 5.  [DISPLAY OF LICENSE.] Each license to operate a 
 40.9   funeral establishment must be conspicuously displayed in the 
 40.10  funeral establishment at all times.  Conspicuous display means 
 40.11  in a location where a member of the general public within the 
 40.12  funeral establishment will be able to observe and read the 
 40.13  license. 
 40.14     Subd. 6.  [INITIAL LICENSURE AND INSPECTION FEES.] The 
 40.15  licensure and inspection fees shall be paid to the treasurer, 
 40.16  state of Minnesota, to the credit of the state government 
 40.17  special revenue fund in the state treasury. 
 40.18     Subd. 7.  [PERIOD OF LICENSURE.] All licenses to operate a 
 40.19  funeral establishment issued by the commissioner are valid for a 
 40.20  period of one calendar year beginning on July 1 and ending on 
 40.21  June 30, regardless of the date of issuance.  Fees will not be 
 40.22  prorated. 
 40.23     Subd. 8.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 40.24  change of license information must be reported to the 
 40.25  commissioner, on forms provided by the commissioner, no later 
 40.26  than 30 calendar days after the change occurs.  Failure to 
 40.27  report changes is grounds for disciplinary action.  
 40.28     Subd. 9.  [APPLICATION INFORMATION.] All information 
 40.29  submitted to the commissioner by an applicant for a license to 
 40.30  operate a funeral establishment is classified as public 
 40.31  information under section 13.41, subdivision 4. 
 40.32     Sec. 19.  [149A.51] [RENEWAL OF LICENSE TO OPERATE A 
 40.33  FUNERAL ESTABLISHMENT.] 
 40.34     Subdivision 1.  [RENEWAL REQUIRED.] A license to operate a 
 40.35  funeral establishment issued by the commissioner expires on June 
 40.36  30 following the date of issuance of the license and must be 
 41.1   renewed to remain valid.  
 41.2      Subd. 2.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
 41.3   who wish to renew their licenses must submit to the commissioner 
 41.4   a completed renewal application and the renewal fee no later 
 41.5   than June 30 following the date the license was issued.  A 
 41.6   completed renewal application includes: 
 41.7      (a) a completed renewal application form, as provided by 
 41.8   the commissioner; and 
 41.9      (b) proof of liability insurance coverage or other 
 41.10  financial documentation, as determined by the commissioner, that 
 41.11  demonstrates the applicant's ability to respond in damages for 
 41.12  liability arising from the ownership, maintenance, management, 
 41.13  or operation of a funeral establishment. 
 41.14     Upon receipt of the completed renewal application and 
 41.15  appropriate fee, the commissioner shall review and verify all 
 41.16  information.  Upon completion of the verification process and 
 41.17  resolution of any deficiencies in the renewal application 
 41.18  information, the commissioner shall make a determination, based 
 41.19  on all the information available, to reissue or refuse to 
 41.20  reissue the license.  If the commissioner's determination is to 
 41.21  reissue the license, the applicant shall be notified and the 
 41.22  license shall issue and remain valid for a period prescribed on 
 41.23  the license but not to exceed one calendar year from the date of 
 41.24  issuance of the license.  If the commissioner's determination is 
 41.25  to refuse to reissue the license, the commissioner must first 
 41.26  notify the applicant, in writing, of the proposed action and 
 41.27  provide the applicant an opportunity to request a hearing under 
 41.28  the contested case provisions of sections 14.57 to 14.69.  If 
 41.29  the applicant against whom the proposed action is to be taken 
 41.30  does not request a hearing by notifying the commissioner, by 
 41.31  certified mail, within 20 calendar days after the receipt of the 
 41.32  notice of proposed action, the commissioner may proceed with the 
 41.33  action without a hearing. 
 41.34     Subd. 3.  [PENALTY FOR LATE FILING.] Renewal applications 
 41.35  received after the expiration date of a license will result in 
 41.36  the assessment of a late filing penalty.  The late filing 
 42.1   penalty must be paid prior to the reissuance of the license and 
 42.2   received by the commissioner no later than 31 calendar days 
 42.3   after the expiration date of the license. 
 42.4      Subd. 4.  [LAPSE OF LICENSE.] Licenses to operate funeral 
 42.5   establishments shall automatically lapse when a completed 
 42.6   renewal application and renewal fee are not received by the 
 42.7   commissioner within 31 calendar days after the expiration date 
 42.8   of a license or a late filing penalty assessed under subdivision 
 42.9   3 is not received by the commissioner within 31 calendar days 
 42.10  after the expiration of a license. 
 42.11     Subd. 5.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
 42.12  license, the person or other legal entity to whom the license 
 42.13  was issued is no longer licensed to operate a funeral 
 42.14  establishment in Minnesota.  The commissioner shall issue a 
 42.15  cease and desist order to prevent the holder of a lapsed license 
 42.16  from operating a funeral establishment in Minnesota and may 
 42.17  pursue any additional lawful remedies as justified by the case. 
 42.18     Subd. 6.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
 42.19  may restore a lapsed license upon receipt and review of a 
 42.20  completed renewal application, receipt of the renewal fee and 
 42.21  late filing penalty, reinspection of the premise, and receipt of 
 42.22  the reinspection fee, provided that the receipt is made within 
 42.23  one calendar year from the expiration date of the lapsed license 
 42.24  and the cease and desist order issued by the commissioner has 
 42.25  not been violated.  If a lapsed license is not restored within 
 42.26  one calendar year from the expiration date of the lapsed 
 42.27  license, the holder of the lapsed license cannot be relicensed 
 42.28  until the requirements in section 149A.50 are met. 
 42.29     Subd. 7.  [RENEWAL AND REINSPECTION FEES.] The renewal and 
 42.30  reinspection fees shall be paid to the treasurer, state of 
 42.31  Minnesota, and shall be credited to the state government special 
 42.32  revenue fund in the state treasury. 
 42.33     Subd. 8.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 42.34  change of license information must be reported to the 
 42.35  commissioner, on forms provided by the commissioner, no later 
 42.36  than 30 calendar days after the change occurs.  Failure to 
 43.1   report changes is grounds for disciplinary action. 
 43.2      Subd. 9.  [APPLICATION INFORMATION.] All information 
 43.3   submitted to the commissioner by an applicant for renewal of 
 43.4   licensure to operate a funeral establishment is classified as 
 43.5   public information under section 13.41, subdivision 4. 
 43.6      Sec. 20.  [149A.52] [LICENSE TO OPERATE A CREMATORY.] 
 43.7      Subdivision 1.  [LICENSE REQUIREMENT.] Except as provided 
 43.8   in section 149A.01, subdivision 3, no person or other legal 
 43.9   entity shall maintain, manage, or operate a place or premise 
 43.10  devoted to or used in the holding and cremation of a dead human 
 43.11  body without possessing a valid license to operate a crematory 
 43.12  issued by the commissioner of health. 
 43.13     Subd. 2.  [REQUIREMENTS FOR CREMATORY.] (a) A crematory 
 43.14  licensed under this section must consist of: 
 43.15     (1) a building or structure that complies with applicable 
 43.16  local and state building codes, zoning laws and ordinances, and 
 43.17  environmental standards, containing one or more cremation 
 43.18  chambers (retorts) for the cremation of dead human bodies; and 
 43.19     (2) a motorized mechanical device for grinding, crushing, 
 43.20  or pulverizing the cremated remains to a granulated appearance 
 43.21  appropriate for final disposition; and 
 43.22     (3) an appropriate holding facility for dead human bodies 
 43.23  awaiting cremation. 
 43.24     (b) A crematory licensed under this section may also 
 43.25  contain a display room for funeral goods. 
 43.26     Subd. 3.  [APPLICATION PROCEDURE; DOCUMENTATION; INITIAL 
 43.27  INSPECTION.] An applicant for a license to operate a crematory 
 43.28  shall submit to the commissioner a completed application.  A 
 43.29  completed application includes: 
 43.30     (a) a completed application form, as provided by the 
 43.31  commissioner; 
 43.32     (b) proof of business form and ownership; and 
 43.33     (c) proof of liability insurance coverage or other 
 43.34  financial documentation, as determined by the commissioner, that 
 43.35  demonstrates the applicant's ability to respond in damages for 
 43.36  liability arising from the ownership, maintenance, management, 
 44.1   or operation of a crematory. 
 44.2      Upon receipt of the application, the commissioner shall 
 44.3   review and verify all information.  Upon completion of the 
 44.4   verification process and resolution of any deficiencies in the 
 44.5   application information, the commissioner shall conduct an 
 44.6   initial inspection of the premise to be licensed.  After the 
 44.7   inspection and resolution of any deficiencies found and any 
 44.8   reinspections as may be necessary, the commissioner shall make a 
 44.9   determination, based on all the information available, to grant 
 44.10  or deny licensure.  If the commissioner's determination is to 
 44.11  grant the license, the applicant shall be notified and the 
 44.12  license shall issue and remain valid for a period prescribed on 
 44.13  the license but not to exceed one calendar year from the date of 
 44.14  issuance of the license.  If the commissioner's determination is 
 44.15  to deny the license, the commissioner must notify the applicant, 
 44.16  in writing, of the denial and provide the specific reason for 
 44.17  denial. 
 44.18     Subd. 4.  [NONTRANSFERABILITY OF LICENSE.] A license to 
 44.19  operate a crematory is not assignable or transferable and shall 
 44.20  not be valid for any person or other legal entity other than the 
 44.21  one named.  Each license issued to operate a crematory is valid 
 44.22  only for one specific location, the location identified on the 
 44.23  license.  A change in ownership or location of the crematory 
 44.24  automatically terminates the license.  Separate licenses shall 
 44.25  be required of two or more persons or other legal entities 
 44.26  operating from the same location. 
 44.27     Subd. 5.  [DISPLAY OF LICENSE.] Each license to operate a 
 44.28  crematory must be conspicuously displayed in the crematory at 
 44.29  all times.  Conspicuous display means in a location where a 
 44.30  member of the general public within the crematory will be able 
 44.31  to observe and read the license.  
 44.32     Subd. 6.  [PERIOD OF LICENSURE.] All licenses to operate a 
 44.33  crematory issued by the commissioner are valid for a period of 
 44.34  one calendar year beginning on July 1 and ending on June 30, 
 44.35  regardless of the date of issuance. 
 44.36     Subd. 7.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 45.1   change of license information must be reported to the 
 45.2   commissioner, on forms provided by the commissioner, no later 
 45.3   than 30 calendar days after the change occurs.  Failure to 
 45.4   report changes is grounds for disciplinary action. 
 45.5      Subd. 8.  [APPLICATION INFORMATION.] All information 
 45.6   submitted to the commissioner by an applicant for a license to 
 45.7   operate a crematory is classified as public information under 
 45.8   section 13.41, subdivision 4. 
 45.9      Sec. 21.  [149A.53] [RENEWAL OF LICENSE TO OPERATE 
 45.10  CREMATORY.] 
 45.11     Subdivision 1.  [RENEWAL REQUIRED.] All licenses to operate 
 45.12  a crematory issued by the commissioner expire on June 30 
 45.13  following the date of issuance of the license and must be 
 45.14  renewed to remain valid.  
 45.15     Subd. 2.  [RENEWAL PROCEDURE AND DOCUMENTATION.] Licensees 
 45.16  who wish to renew their licenses must submit to the commissioner 
 45.17  a completed renewal application no later than June 30 following 
 45.18  the date the license was issued.  A completed renewal 
 45.19  application includes: 
 45.20     (1) a completed renewal application form, as provided by 
 45.21  the commissioner; and 
 45.22     (2) proof of liability insurance coverage or other 
 45.23  financial documentation, as determined by the commissioner, that 
 45.24  demonstrates the applicant's ability to respond in damages for 
 45.25  liability arising from the ownership, maintenance, management, 
 45.26  or operation of a crematory. 
 45.27     Upon receipt of the completed renewal application, the 
 45.28  commissioner shall review and verify the information.  Upon 
 45.29  completion of the verification process and resolution of any 
 45.30  deficiencies in the renewal application information, the 
 45.31  commissioner shall make a determination, based on all the 
 45.32  information available, to reissue or refuse to reissue the 
 45.33  license.  If the commissioner's determination is to reissue the 
 45.34  license, the applicant shall be notified and the license shall 
 45.35  issue and remain valid for a period prescribed on the license 
 45.36  but not to exceed one calendar year from the date of issuance of 
 46.1   the license.  If the commissioner's determination is to refuse 
 46.2   to reissue the license, the commissioner must first notify the 
 46.3   applicant, in writing, of the proposed action and provide the 
 46.4   applicant an opportunity to request a hearing under the 
 46.5   contested case provisions of sections 14.57 to 14.69.  If the 
 46.6   applicant against whom the proposed action is to be taken does 
 46.7   not request a hearing by notifying the commissioner, by 
 46.8   certified mail, within 20 calendar days after the receipt of the 
 46.9   notice of proposed action, the commissioner may proceed with the 
 46.10  action without a hearing. 
 46.11     Subd. 3.  [PENALTY FOR LATE FILING.] Renewal applications 
 46.12  received after the expiration date of a license will result in 
 46.13  the assessment of a late filing penalty.  The late filing 
 46.14  penalty must be paid before the reissuance of the license and 
 46.15  received by the commissioner no later than 31 calendar days 
 46.16  after the expiration date of the license. 
 46.17     Subd. 4.  [LAPSE OF LICENSE.] Licenses to operate 
 46.18  crematories shall automatically lapse when a completed renewal 
 46.19  application is not received by the commissioner within 31 
 46.20  calendar days after the expiration date of a license or a late 
 46.21  filing penalty assessed under subdivision 3 is not received by 
 46.22  the commissioner within 31 calendar days after the expiration of 
 46.23  a license. 
 46.24     Subd. 5.  [EFFECT OF LAPSE OF LICENSE.] Upon the lapse of a 
 46.25  license, the person or other legal entity to whom the license 
 46.26  was issued is no longer licensed to operate a crematory in 
 46.27  Minnesota.  The commissioner shall issue a cease and desist 
 46.28  order to prevent the lapsed license holder from operating a 
 46.29  crematory in Minnesota and may pursue any additional lawful 
 46.30  remedies as justified by the case. 
 46.31     Subd. 6.  [RESTORATION OF LAPSED LICENSE.] The commissioner 
 46.32  may restore a lapsed license upon receipt and review of a 
 46.33  completed renewal application, receipt of the late filing 
 46.34  penalty, and reinspection of the premise, provided that the 
 46.35  receipt is made within one calendar year from the expiration 
 46.36  date of the lapsed license and the cease and desist order issued 
 47.1   by the commissioner has not been violated.  If a lapsed license 
 47.2   is not restored within one calendar year from the expiration 
 47.3   date of the lapsed license, the holder of the lapsed license 
 47.4   cannot be relicensed until the requirements in section 149A.52 
 47.5   are met. 
 47.6      Subd. 7.  [REPORTING CHANGES IN LICENSE INFORMATION.] Any 
 47.7   change of license information must be reported to the 
 47.8   commissioner, on forms provided by the commissioner, no later 
 47.9   than 30 calendar days after the change occurs.  Failure to 
 47.10  report changes is grounds for disciplinary action. 
 47.11     Subd. 8.  [APPLICATION INFORMATION.] All information 
 47.12  submitted to the commissioner by an applicant for renewal of 
 47.13  licensure to operate a crematory is classified as public 
 47.14  information under section 13.41, subdivision 4. 
 47.15     Sec. 22.  [149A.60] [PROHIBITED CONDUCT.] 
 47.16     Any failure to comply with any provision of this chapter or 
 47.17  laws, now in force or later enacted, rules, orders, stipulation 
 47.18  agreements, settlements, compliance agreements, licenses, and 
 47.19  permits adopted, promulgated, or issued for the regulation of 
 47.20  the removal, preparation, transportation, arrangements for 
 47.21  disposition, or final disposition of dead human bodies or for 
 47.22  the regulation of the practice of mortuary science is grounds 
 47.23  for the commissioner to impose disciplinary measures or take 
 47.24  disciplinary action against the person or other legal entity 
 47.25  whose conduct is subject to regulation under this chapter. 
 47.26     Sec. 23.  [149A.61] [COMPLAINTS; REPORTING OBLIGATIONS; 
 47.27  FORM; RESPONSE.] 
 47.28     Subdivision 1.  [PERMISSION TO REPORT.] Any person, agency, 
 47.29  political subdivision, organization, or association that has 
 47.30  knowledge of any conduct constituting grounds for disciplinary 
 47.31  action relating to licensure, licensed activities or practices, 
 47.32  or unlicensed activities under this chapter may report the 
 47.33  conduct to the commissioner. 
 47.34     Subd. 2.  [INSTITUTIONS.] A federal or state agency, 
 47.35  political subdivision, agency of a local unit of government, or 
 47.36  private agency or organization located in this state or any 
 48.1   other state in the United States may report to the commissioner 
 48.2   any conduct that is regulated under this chapter and that might 
 48.3   constitute grounds for disciplinary action.  The agency, 
 48.4   political subdivision, or organization may report to the 
 48.5   commissioner any action taken to revoke, suspend, restrict, or 
 48.6   condition a license issued by the agency, political subdivision, 
 48.7   or organization, any denial of privileges granted by the agency, 
 48.8   political subdivision, or organization, the resignation of any 
 48.9   licensee prior to the conclusion of any disciplinary action or 
 48.10  proceeding for conduct that might constitute grounds for 
 48.11  disciplinary action under this chapter or any other disciplinary 
 48.12  action taken by the agency, political subdivision, or 
 48.13  organization for conduct that might constitute grounds for 
 48.14  disciplinary action under this chapter. 
 48.15     Subd. 3.  [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A 
 48.16  national, regional, state, or local professional society or 
 48.17  association for licensees may forward to the commissioner any 
 48.18  complaint received concerning conduct or activity that is 
 48.19  regulated under this chapter.  The society or association may 
 48.20  report to the commissioner any disciplinary action taken against 
 48.21  a member of that society or association. 
 48.22     Subd. 4.  [LICENSEES AND INTERNS.] A licensee or intern 
 48.23  under this chapter may report to the commissioner any conduct 
 48.24  that the licensee or intern has personal knowledge of and 
 48.25  reasonably believes constitutes grounds for disciplinary action 
 48.26  under this chapter. 
 48.27     Subd. 5.  [COURTS.] The court administrator of district 
 48.28  court or any court of competent jurisdiction shall report to the 
 48.29  commissioner any judgment or other determination of the court 
 48.30  that adjudges or includes a finding that a licensee or intern is 
 48.31  mentally ill, mentally incompetent, guilty of a felony or gross 
 48.32  misdemeanor, guilty of violations of federal or state narcotics 
 48.33  laws or controlled substances acts, or appoints a guardian or 
 48.34  conservator for the licensee or intern, or commits a licensee or 
 48.35  intern. 
 48.36     Subd. 6.  [COMPLAINT FORM.] Complaints or reports made 
 49.1   under this section may be submitted to the commissioner on forms 
 49.2   provided by the commissioner.  The commissioner, where 
 49.3   appropriate, shall provide each complainant with a written 
 49.4   acknowledgment of the receipt of the completed complaint form.  
 49.5      Subd. 7.  [INFORMATION TO COMPLAINANT.] The commissioner 
 49.6   shall furnish to a complainant a statement of the result of an 
 49.7   investigation of the complaint and a description of the 
 49.8   activities and actions of the commissioner relating to the 
 49.9   complaint to the extent that the statement is consistent with 
 49.10  the provisions of section 149A.04, subdivision 5. 
 49.11     Subd. 8.  [CLASSIFICATION OF INFORMATION.] Information 
 49.12  submitted to the commissioner under this section is classified 
 49.13  pursuant to section 149A.04, subdivision 5. 
 49.14     Sec. 24.  [149A.62] [IMMUNITY; REPORTING.] 
 49.15     Any person, private agency, organization, society, 
 49.16  association, licensee or intern who, in good faith, submits 
 49.17  information to the commissioner under section 149A.61 or 
 49.18  otherwise reports violations or alleged violations of this 
 49.19  chapter, is immune from civil liability or criminal 
 49.20  prosecution.  This section does not prohibit disciplinary action 
 49.21  taken by the commissioner against any licensee or intern 
 49.22  pursuant to a self report of a violation. 
 49.23     Sec. 25.  [149A.63] [PROFESSIONAL COOPERATION.] 
 49.24     A licensee, intern, or applicant for licensure under this 
 49.25  chapter, that is the subject of an inspection or investigation 
 49.26  by the commissioner or the commissioner's designee shall 
 49.27  cooperate fully with the inspection or investigation.  Failure 
 49.28  to cooperate constitutes grounds for disciplinary action under 
 49.29  this chapter. 
 49.30     Sec. 26.  [149A.70] [BUSINESS PRACTICES.] 
 49.31     Subdivision 1.  [USE OF TITLES.] Only a person holding a 
 49.32  valid license to practice mortuary science issued by the 
 49.33  commissioner may use the title mortician, funeral director, or 
 49.34  any other title implying that the licensee is engaged in the 
 49.35  business or practice of mortuary science.  Only the holder of a 
 49.36  valid license to operate a funeral establishment issued by the 
 50.1   commissioner may use the title funeral home, funeral chapel, or 
 50.2   any other title, word, or term implying that the licensee is 
 50.3   engaged in the business or practice of mortuary science.  Only 
 50.4   the holder of a valid license to operate a crematory issued by 
 50.5   the commissioner may use the title crematory, crematorium, or 
 50.6   any other title, word, or term implying that the licensee 
 50.7   operates a crematory or crematorium. 
 50.8      Subd. 2.  [BUSINESS LOCATION.] A funeral establishment or 
 50.9   crematory shall not do business in a location that is not 
 50.10  licensed as a funeral establishment or crematory and shall not 
 50.11  advertise a service that is available from an unlicensed 
 50.12  location. 
 50.13     Subd. 3.  [ADVERTISING.] No licensee or intern shall 
 50.14  publish or disseminate false, misleading, or deceptive 
 50.15  advertising.  False, misleading, or deceptive advertising 
 50.16  includes, but is not limited to: 
 50.17     (1) identifying, by using the names or pictures of, persons 
 50.18  who are not licensed to practice mortuary science in a way that 
 50.19  leads the public to believe that those persons will provide 
 50.20  mortuary science services; 
 50.21     (2) using any name other than the names under which the 
 50.22  funeral establishment or crematory is known to or licensed by 
 50.23  the commissioner; 
 50.24     (3) using a surname not directly, actively, or presently 
 50.25  associated with a licensed funeral establishment or crematory, 
 50.26  unless the surname had been previously and continuously used by 
 50.27  the licensed funeral establishment or crematory; and 
 50.28     (4) using a founding or establishing date or total years of 
 50.29  service not directly or continuously related to a name under 
 50.30  which the funeral establishment or crematory is currently or was 
 50.31  previously licensed.  
 50.32     Any advertising or other printed material that contains the 
 50.33  names or pictures of persons affiliated with a funeral 
 50.34  establishment or crematory shall state the position held by the 
 50.35  persons and shall identify each person who is licensed or 
 50.36  unlicensed under this chapter. 
 51.1      Subd. 4.  [SOLICITATION OF BUSINESS.] No licensee shall 
 51.2   directly or indirectly pay or cause to be paid any sum of money 
 51.3   or other valuable consideration for the securing of business or 
 51.4   for obtaining the authority to dispose of any dead human body.  
 51.5   For purposes of this subdivision, licensee includes a registered 
 51.6   intern or any agent, representative, employee, or person acting 
 51.7   on behalf of the licensee. 
 51.8      Subd. 5.  [OFFER; SOLICITATION OR ACCEPTANCE OF FEES; 
 51.9   COMMISSIONS; OR OTHER REIMBURSEMENT.] No licensee or intern 
 51.10  shall offer, solicit or accept a commission, fee, bonus, rebate, 
 51.11  or other reimbursement in consideration for recommending or 
 51.12  causing a dead human body to be disposed of in specific 
 51.13  crematory, mausoleum, or cemetery.  No owner or director of a 
 51.14  funeral establishment or crematory, employee of a funeral 
 51.15  establishment or crematory, or entity having a direct equity 
 51.16  interest in a funeral establishment or crematory, shall receive 
 51.17  any fee, commission, or other reimbursement on any preneed 
 51.18  insurance sale facilitated through the funeral establishment or 
 51.19  crematory.  No owner or director of a funeral establishment or 
 51.20  crematory or employee of a funeral establishment or crematory 
 51.21  shall receive any fee, commission, or other reimbursement for 
 51.22  endorsing any insurance policies, plans, or services. 
 51.23     Subd. 6.  [USE OF UNLICENSED PERSONNEL; INTERNS; AND 
 51.24  PRACTICUM STUDENTS.] Except as otherwise provided in this 
 51.25  chapter, a licensed funeral establishment may employ unlicensed 
 51.26  personnel to perform the duties of a funeral director or 
 51.27  mortician so long as the unlicensed personnel act under the 
 51.28  direct supervision of an individual holding a current license to 
 51.29  practice mortuary science in Minnesota and all applicable 
 51.30  provisions of this chapter are followed.  It shall be the duty 
 51.31  of the licensees, individual or establishment, to provide proper 
 51.32  training for all unlicensed personnel and the licensees shall be 
 51.33  strictly accountable for compliance with this chapter.  This 
 51.34  subdivision does not apply to registered interns who are under 
 51.35  the direct and exclusive supervision of a registered licensee or 
 51.36  a student duly registered for a practicum through an accredited 
 52.1   college or university or a college of funeral service education 
 52.2   accredited by the American Board of Funeral Service Education.  
 52.3      Subd. 7.  [UNPROFESSIONAL CONDUCT.] No licensee or intern 
 52.4   shall engage in or permit others under the licensee's or 
 52.5   intern's supervision or employment to engage in unprofessional 
 52.6   conduct.  Unprofessional conduct includes, but is not limited to:
 52.7      (1) harassing, abusing, or intimidating a customer, 
 52.8   employee, or any other person encountered while within the scope 
 52.9   of practice, employment, or business; 
 52.10     (2) using profane, indecent, or obscene language within the 
 52.11  immediate hearing of the family or relatives of the deceased; 
 52.12     (3) failure to treat with dignity and respect, the body of 
 52.13  the deceased, any member of the family or relatives of the 
 52.14  deceased, any employee, or any other person encountered while 
 52.15  within the scope of practice, employment, or business; 
 52.16     (4) the habitual overindulgence in the use of or dependence 
 52.17  on intoxicating liquors, prescription drugs, over-the-counter 
 52.18  drugs, illegal drugs, or any other mood altering substances that 
 52.19  substantially impair a person's work related judgment or 
 52.20  performance; 
 52.21     (5) revealing the personally identifiable facts, data, or 
 52.22  information about a decedent, customer, member of the decedent's 
 52.23  family, or employee acquired in the practice or business without 
 52.24  the prior consent of the individual, except as authorized by 
 52.25  law; 
 52.26     (6) intentionally misleading or deceiving any customer in 
 52.27  the sale of any goods or services provided by the licensee; 
 52.28     (7) knowingly making a false statement in the procuring, 
 52.29  preparation, or filing of any required permit; or 
 52.30     (8) knowingly making a false statement on a certificate of 
 52.31  death. 
 52.32     Sec. 27.  [149A.71] [FUNERAL INDUSTRY PRACTICES; PRICE 
 52.33  DISCLOSURES.] 
 52.34     Subdivision 1.  [UNFAIR OR DECEPTIVE ACTS OR PRACTICES.] In 
 52.35  selling or offering to sell funeral goods or funeral services to 
 52.36  the public, it is an unfair or deceptive act or practice for a 
 53.1   funeral provider to fail to furnish accurate price information 
 53.2   disclosing the cost to the purchaser for each of the specific 
 53.3   funeral goods and funeral services used in connection with the 
 53.4   disposition of dead human bodies to persons inquiring about the 
 53.5   purchase of funerals.  Any funeral provider who complies with 
 53.6   the preventive requirements in subdivision 2 is not engaged in 
 53.7   the unfair or deceptive acts or practices defined in this 
 53.8   section. 
 53.9      Subd. 2.  [PREVENTIVE REQUIREMENTS.] To prevent these 
 53.10  unfair or deceptive acts or practices funeral providers must: 
 53.11     (a) Tell persons who ask by telephone about the funeral 
 53.12  provider's offerings or prices any accurate information from the 
 53.13  price lists described in paragraphs (b) and (c) and any other 
 53.14  readily available information that reasonably answers the 
 53.15  questions asked. 
 53.16     (b) Make available for viewing to people who inquire in 
 53.17  person about the offerings or prices of funeral goods, separate 
 53.18  printed or typewritten price lists.  Each funeral provider must 
 53.19  have a separate price list for each of the following types of 
 53.20  goods that are sold or offered for sale: 
 53.21     (1) caskets; 
 53.22     (2) alternative containers; 
 53.23     (3) outer burial containers; and 
 53.24     (4) cremation containers and cremated remains containers. 
 53.25     Each separate price list must contain the name of the 
 53.26  funeral provider's place of business and a caption describing 
 53.27  the list as a price list for one of the types of funeral goods 
 53.28  described in clauses (1) to (4).  The funeral provider must 
 53.29  offer the list upon beginning discussion of, but in any event 
 53.30  before showing, the specific funeral goods and must provide a 
 53.31  photocopy of the price list, for retention, if so asked by the 
 53.32  consumer.  The list must contain, at least, the retail prices of 
 53.33  all the specific funeral goods offered which do not require 
 53.34  special ordering, enough information to identify each, and the 
 53.35  effective date for the price list.  In lieu of a written price 
 53.36  list, other formats, such as notebooks, brochures, or charts may 
 54.1   be used if they contain the same information as would the 
 54.2   printed or typewritten list, and display it in a clear and 
 54.3   conspicuous manner.  Provided, however, that funeral providers 
 54.4   do not have to make a specific price list available if the 
 54.5   funeral providers place the information required by this 
 54.6   paragraph on the general price listed described at paragraph (c).
 54.7      (c) Give a printed or typewritten price list, for 
 54.8   retention, to persons who inquire in person about the funeral 
 54.9   goods or funeral services or prices offered by the funeral 
 54.10  provider.  The funeral provider must give the list upon 
 54.11  beginning discussion of either, the prices of or of the overall 
 54.12  type of funeral service or disposition or specific funeral goods 
 54.13  or funeral services offered by the provider.  This requirement 
 54.14  applies whether the discussion takes place in the funeral 
 54.15  establishment or elsewhere.  Provided, however, that when the 
 54.16  deceased is removed for transportation to the funeral 
 54.17  establishment, an in-person request for authorization to embalm 
 54.18  does not, by itself, trigger the requirement to offer the 
 54.19  general price list.  If the provider in making an in-person 
 54.20  request for authorization to embalm discloses that embalming is 
 54.21  not required by law except in certain special cases the provider 
 54.22  is not required to offer the general price list.  Any other 
 54.23  discussion during that time about prices or the selection of 
 54.24  funeral goods or funeral services triggers the requirement to 
 54.25  give the consumer a general price list.  The general price list 
 54.26  must contain the following information: 
 54.27     (1) the name, address, and telephone number of the funeral 
 54.28  provider's place of business; 
 54.29     (2) a caption describing the list as a "general price 
 54.30  list"; 
 54.31     (3) the effective date for the price list; 
 54.32     (4) the retail prices, in any order, expressed either as a 
 54.33  flat fee or as the prices per hour, mile, or other unit of 
 54.34  computation, and other information as described below for, at 
 54.35  least, each of the following items offered for sale: 
 54.36     (i) forwarding of remains to another funeral establishment, 
 55.1   together with a list of the services provided for any quoted 
 55.2   price; 
 55.3      (ii) receiving remains from another funeral establishment, 
 55.4   together with a list of the services provided for any quoted 
 55.5   price; 
 55.6      (iii) separate prices for each cremation offered by the 
 55.7   funeral provider, the price shall include an alternative or 
 55.8   cremation container, any crematory charges, and a description of 
 55.9   the services and container included in the price, where 
 55.10  applicable, and the price of cremation where the purchaser 
 55.11  provides the container; 
 55.12     (iv) separate prices for each immediate burial offered by 
 55.13  the funeral provider, including a casket or alternative 
 55.14  container, and a description of the services and container 
 55.15  included in that price, and the price of immediate burial where 
 55.16  the purchaser provides the casket or alternative container; 
 55.17     (v) transfer of remains to the funeral establishment; 
 55.18     (vi) embalming; 
 55.19     (vii) other preparation of the body; 
 55.20     (viii) use of facilities, equipment, or staff for viewing; 
 55.21     (ix) use of facilities, equipment, or staff for funeral 
 55.22  ceremony; 
 55.23     (x) use of facilities, equipment, or staff for memorial 
 55.24  service; 
 55.25     (xi) use of equipment or staff for graveside service; 
 55.26     (xii) hearse or funeral coach; and 
 55.27     (xiii) limousine; 
 55.28     (5) the price range for the caskets offered by the funeral 
 55.29  provider, together with the statement, "A complete price list 
 55.30  will be provided at the funeral establishment." or the prices of 
 55.31  individual caskets, as disclosed in the manner described in 
 55.32  paragraph (b); 
 55.33     (6) the price range for the alternative containers offered 
 55.34  by the funeral provider, together with the statement, "A 
 55.35  complete price list will be provided at the funeral 
 55.36  establishment." or the prices of individual alternative 
 56.1   containers, as disclosed in the manner described in paragraph 
 56.2   (b); 
 56.3      (7) the price range for the outer burial containers offered 
 56.4   by the funeral provider, together with the statement, "A 
 56.5   complete price list will be provided at the funeral 
 56.6   establishment." or the prices of individual outer burial 
 56.7   containers, as disclosed in the manner described in paragraph 
 56.8   (b); 
 56.9      (8) the price range for the cremation containers and 
 56.10  cremated remains containers offered by the funeral provider, 
 56.11  together with the statement, "A complete price list will be 
 56.12  provided at the funeral establishment." or the prices of 
 56.13  individual cremation containers and cremated remains containers, 
 56.14  as disclosed in the manner described in paragraph (b); 
 56.15     (9) the price for the basic services of funeral director 
 56.16  and staff, together with a list of the principal basic services 
 56.17  provided for any quoted price and, if the charge cannot be 
 56.18  declined by the purchaser, the statement, "This fee for our 
 56.19  basic services will be added to the total cost of the funeral 
 56.20  arrangements you select.  (This fee is already included in our 
 56.21  charges for direct cremations, immediate burials, and forwarding 
 56.22  or receiving remains.)"  If the charge cannot be declined by the 
 56.23  purchaser, the quoted price shall include all charges for the 
 56.24  recovery of unallocated funeral provider overhead, and funeral 
 56.25  providers may include in the required disclosure the phrase "and 
 56.26  overhead" after the word services.  This services fee is the 
 56.27  only funeral provider fee for services, facilities, or 
 56.28  unallocated overhead permitted by this subdivision to be 
 56.29  nondeclinable, unless otherwise required by law; 
 56.30     (10) if the price for basic services, as described in 
 56.31  clause (9), is not applicable, the following statement, "Please 
 56.32  note that a fee for the use of our basic services is included in 
 56.33  the price of our caskets.  Our services include (specify 
 56.34  services provided)."  The fee shall include all charges for the 
 56.35  recovery of unallocated funeral provider overhead, and funeral 
 56.36  providers may include in the required disclosure the phrase "and 
 57.1   overhead" after the word services.  The statement must be placed 
 57.2   on the general price list together with the casket price range 
 57.3   or the prices of individual caskets.  This services fee is the 
 57.4   only funeral provider fee for services, facilities, or 
 57.5   unallocated overhead permitted by this subdivision to be 
 57.6   nondeclinable, unless otherwise required by law. 
 57.7      (d) Give an itemized written statement, for retention, to 
 57.8   each consumer who arranges a funeral or other disposition of 
 57.9   human remains, at the conclusion of the discussion of the 
 57.10  arrangements.  The itemized written statement must be signed by 
 57.11  the consumer selecting the goods and services and the licensed 
 57.12  funeral director or mortician planning the arrangements.  The 
 57.13  statement must list the funeral goods and funeral services 
 57.14  selected by that consumer and the prices to be paid for each 
 57.15  item, specifically itemized cash advance items (these prices 
 57.16  must be given to the extent then known or reasonably 
 57.17  ascertainable if the prices are not known or reasonably 
 57.18  ascertainable, a good faith estimate shall be given and a 
 57.19  written statement of the actual charges shall be provided before 
 57.20  the final bill is paid), and the total cost of goods and 
 57.21  services selected.  The information required by this paragraph 
 57.22  may be included on any contract, statement, or other document 
 57.23  which the funeral provider would otherwise provide at the 
 57.24  conclusion of discussion of arrangements. 
 57.25     (e) Give any other price information, in any other format, 
 57.26  in addition to that required by paragraphs (b) and (c) so long 
 57.27  as the written statement required by paragraph (d) is given when 
 57.28  required. 
 57.29     Subd. 3.  [PRICES DISPLAYED.] Any funeral provider who 
 57.30  sells or offers to sell funeral goods to the public shall, at 
 57.31  all times, display the retail price of all displayed funeral 
 57.32  goods in a conspicuous place on the goods.  "Conspicuous place" 
 57.33  means a place where any consumer viewing the funeral goods would 
 57.34  be able to see and read the price and reasonably understand that 
 57.35  the price seen is the price of the funeral goods viewed. 
 57.36  Displayed funeral goods are those goods that the funeral 
 58.1   provider regularly maintains in inventory and makes available 
 58.2   for viewing and purchase by the consumer. 
 58.3      Subd. 4.  [CASKET, ALTERNATE CONTAINER, AND CREMATION 
 58.4   CONTAINER SALES; RECORDS; REQUIRED DISCLOSURERS.] Any funeral 
 58.5   provider who sells or offers to sell a casket, alternate 
 58.6   container, or cremation container to the public must maintain a 
 58.7   record of each sale that includes the name of the purchaser, the 
 58.8   purchaser's mailing address, the name of the decedent, the date 
 58.9   of the decedent's death, and the place of death.  These records 
 58.10  shall be open to inspection by the state registrar and reported 
 58.11  to the state registrar.  Any funeral provider selling a casket, 
 58.12  alternate container, or cremation container to the public and 
 58.13  not having charge of the final disposition of the dead human 
 58.14  body, shall enclose within the casket, alternate container, or 
 58.15  cremation container a notice provided by the state registrar, a 
 58.16  blank certificate of death, and a copy of the statutes and rules 
 58.17  controlling the removal, preparation, transportation, 
 58.18  arrangements for disposition, and final disposition of a dead 
 58.19  human body.  This section does not apply to morticians, funeral 
 58.20  directors, funeral establishments, crematories, or wholesale 
 58.21  distributors of caskets, alternate containers, or cremation 
 58.22  containers. 
 58.23     Sec. 28.  [149A.72] [FUNERAL INDUSTRY PRACTICES; 
 58.24  MISREPRESENTATIONS.] 
 58.25     Subdivision 1.  [EMBALMING PROVISIONS; DECEPTIVE ACTS OR 
 58.26  PRACTICES.] In selling or offering to sell funeral goods or 
 58.27  funeral services to the public, it is a deceptive act or 
 58.28  practice for a funeral provider to represent that state or local 
 58.29  law requires that a dead human body be embalmed when that is not 
 58.30  the case or to fail to disclose that embalming is not required 
 58.31  by law except in certain cases. 
 58.32     Subd. 2.  [EMBALMING PROVISIONS; PREVENTIVE REQUIREMENTS.] 
 58.33  To prevent these deceptive acts or practices, a funeral provider 
 58.34  must not represent that a dead human body is required to be 
 58.35  embalmed for direct cremation, immediate burial, or a closed 
 58.36  casket funeral without viewing or visitation, when refrigeration 
 59.1   is available and when not required by law.  The funeral provider 
 59.2   must also place the following disclosure on the general price 
 59.3   list, described in section 149A.71, subdivision 2, paragraph 
 59.4   (c), in immediate conjunction with the price shown for 
 59.5   embalming, "Except in certain cases, embalming is not required 
 59.6   by law.  Embalming may be necessary, however, if you select 
 59.7   certain funeral arrangements, such as a funeral with viewing.  
 59.8   If you do not want embalming, you usually have the right to 
 59.9   choose an arrangement that does not require you to pay for it, 
 59.10  such as direct cremation or immediate burial." 
 59.11     Subd. 3.  [CASKET FOR CREMATION PROVISIONS; DECEPTIVE ACTS 
 59.12  OR PRACTICES.] In selling or offering to sell funeral goods or 
 59.13  funeral services to the public, it is a deceptive act or 
 59.14  practice for a funeral provider to represent that a casket is 
 59.15  required for cremations by state or local law or otherwise. 
 59.16     Subd. 4.  [CASKET FOR CREMATION PROVISION; PREVENTIVE 
 59.17  MEASURES.] To prevent these deceptive acts or practices, funeral 
 59.18  providers must place the following disclosure in immediate 
 59.19  conjunction with the prices shown for cremations, "If you want 
 59.20  to arrange a cremation, you can use a cremation container.  A 
 59.21  cremation container is a combustible, closed container resistant 
 59.22  to the leakage of bodily fluids, that encases the body and can 
 59.23  be made of materials like fiberboard or composition materials 
 59.24  (with or without an outside covering).  The containers we 
 59.25  provide are (specify containers provided)."  This disclosure is 
 59.26  required only if the funeral provider arranges direct cremations.
 59.27     Subd. 5.  [RENTAL CASKETS; DECEPTIVE ACTS OR PRACTICES.] In 
 59.28  selling or offering to sell funeral goods or funeral services to 
 59.29  the public, it is a deceptive act or practice for a funeral 
 59.30  provider to fail to disclose that a casket has been used in a 
 59.31  previous funeral ceremony when that is the case. 
 59.32     Subd. 6.  [RENTAL CASKETS; PREVENTIVE MEASURES.] To prevent 
 59.33  this deceptive act or practice, funeral providers must place the 
 59.34  following disclosure in immediate conjunction with the prices 
 59.35  shown for funeral services where a casket may be rented rather 
 59.36  than purchased, "If you choose a funeral service where a rental 
 60.1   casket is provided, the casket used for the funeral service may 
 60.2   have been used in a previous funeral service.  If the casket has 
 60.3   been used in a previous funeral service, the interior lining has 
 60.4   either been replaced or thoroughly cleaned." 
 60.5      Subd. 7.  [OUTER BURIAL CONTAINER PROVISIONS; DECEPTIVE 
 60.6   ACTS OR PRACTICES.] In selling or offering to sell funeral goods 
 60.7   or funeral services to the public, it is a deceptive act or 
 60.8   practice for a funeral provider to represent that state or local 
 60.9   laws or regulations, or particular cemeteries, require outer 
 60.10  burial containers when that is not the case or to fail to 
 60.11  disclose to consumers arranging funerals that state law or local 
 60.12  law does not require the purchase of an outer burial container. 
 60.13     Subd. 8.  [OUTER BURIAL CONTAINER PROVISIONS; PREVENTIVE 
 60.14  REQUIREMENTS.] To prevent these deceptive acts or practices, 
 60.15  funeral providers must place the following disclosure on the 
 60.16  outer burial container price list, described in section 149A.71, 
 60.17  subdivision 2, paragraph (b), or, if the prices of outer burial 
 60.18  containers are listed on the general price list, described in 
 60.19  section 149A.71, subdivision 2, paragraph (c), in immediate 
 60.20  conjunction with those prices, "In most areas of the country, 
 60.21  state or local law does not require that you buy a container to 
 60.22  surround the casket in the grave.  However, many cemeteries 
 60.23  require that you have such a container so that the grave will 
 60.24  not sink in.  Either a grave liner or a burial vault will 
 60.25  satisfy these requirements." 
 60.26     Subd. 9.  [GENERAL PROVISIONS ON LEGAL AND CEMETERY 
 60.27  REQUIREMENTS; DECEPTIVE ACTS OR PRACTICES.] In selling or 
 60.28  offering to sell funeral goods or funeral services to the 
 60.29  public, it is a deceptive act or practice for a funeral provider 
 60.30  to represent that federal, state, or local laws, or particular 
 60.31  cemeteries or crematories, require the purchase of any funeral 
 60.32  goods or funeral services when that is not the case. 
 60.33     Subd. 10.  [GENERAL PROVISIONS ON LEGAL AND CEMETERY 
 60.34  REQUIREMENTS; PREVENTIVE REQUIREMENTS.] To prevent this 
 60.35  deceptive act or practice, funeral providers must identify and 
 60.36  briefly describe in writing on the statement of funeral goods 
 61.1   and services selected, as described in section 149A.71, 
 61.2   subdivision 2, paragraph (d), any legal, cemetery, or crematory 
 61.3   requirement which the funeral provider represents to consumers 
 61.4   as compelling the purchase of funeral goods or funeral services 
 61.5   for the funeral which that consumer is arranging. 
 61.6      Subd. 11.  [PROVISIONS ON PRESERVATIVE AND PROTECTIVE VALUE 
 61.7   CLAIMS; DECEPTIVE ACTS OR PRACTICES.] In selling or offering to 
 61.8   sell funeral goods or funeral services to the public, it is a 
 61.9   deceptive act or practice for a funeral provider to represent 
 61.10  that funeral goods or funeral services will delay the natural 
 61.11  decomposition of human remains for a long term or indefinite 
 61.12  time or to represent that funeral goods have protective 
 61.13  features, beyond a lid sealing casket, or will protect the body 
 61.14  from grave site substances, when that is not the case. 
 61.15     Subd. 12.  [CASH ADVANCE PROVISIONS; DECEPTIVE ACTS OR 
 61.16  PRACTICES.] In selling or offering to sell funeral goods or 
 61.17  funeral services to the public, it is a deceptive act or 
 61.18  practice for a funeral provider to represent that the price 
 61.19  charged for a cash advance item is the same as the cost to the 
 61.20  funeral provider for the item when that is not the case or to 
 61.21  fail to disclose to the consumer arranging the funeral that the 
 61.22  price charged for a cash advance item is not the same as the 
 61.23  cost to the funeral provider when that is not the case. 
 61.24     Subd. 13.  [CASH ADVANCE PROVISIONS; PREVENTIVE 
 61.25  REQUIREMENTS.] To prevent these deceptive acts or practices, 
 61.26  funeral providers must place the following sentence in the 
 61.27  itemized statement of funeral goods and services selected, in 
 61.28  immediate conjunction with the list of itemized cash advance 
 61.29  items required by section 149A.71, subdivision 2, paragraph (d), 
 61.30  "We charge you for our services in obtaining (specify cash 
 61.31  advance items provided).", if the funeral provider makes a 
 61.32  charge upon, or receives and retains a rebate, commission, or 
 61.33  trade or volume discount upon a cash advance item. 
 61.34     Sec. 29.  [149A.73] [FUNERAL INDUSTRY PRACTICES; REQUIRED 
 61.35  PURCHASE OF FUNERAL GOODS OR FUNERAL SERVICES.] 
 61.36     Subdivision 1.  [CASKET FOR CREMATION PROVISIONS; DECEPTIVE 
 62.1   ACTS OR PRACTICES.] In selling or offering to sell funeral goods 
 62.2   or funeral services to the public, it is a deceptive act or 
 62.3   practice for a funeral provider to require that a casket be 
 62.4   purchased for cremation. 
 62.5      Subd. 2.  [CASKET FOR CREMATION; PREVENTATIVE 
 62.6   REQUIREMENTS.] To prevent this unfair or deceptive act or 
 62.7   practice, if funeral providers arrange cremations, they must 
 62.8   make a cremation container available for cremations. 
 62.9      Subd. 3.  [OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR 
 62.10  FUNERAL SERVICES; DECEPTIVE ACTS OR PRACTICES.] In selling or 
 62.11  offering to sell funeral goods or funeral services to the 
 62.12  public, it is a deceptive act or practice for a funeral provider 
 62.13  to condition the furnishing of any funeral good or funeral 
 62.14  service to a consumer arranging a funeral upon the purchase of 
 62.15  any other funeral good or funeral service, except as may be 
 62.16  otherwise required by law or to charge any fee as a condition to 
 62.17  furnishing any funeral goods or funeral services to a consumer 
 62.18  arranging a funeral, other than the fees for services of funeral 
 62.19  director and staff, other funeral services and funeral goods 
 62.20  selected by the purchaser, and other funeral goods or services 
 62.21  required to be purchased, as explained on the itemized statement 
 62.22  in accordance with section 149A.72, subdivision 10. 
 62.23     Subd. 4.  [OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR 
 62.24  FUNERAL SERVICES; PREVENTATIVE REQUIREMENTS.] To prevent these 
 62.25  unfair or deceptive practices, funeral providers must place the 
 62.26  following disclosure in the general price list, immediately 
 62.27  above the prices required by section 149A.71, subdivision 2, 
 62.28  paragraph (c), clauses (4) to (10), "The goods and services 
 62.29  shown below are those we can provide to our customers.  You may 
 62.30  chose only the items you desire.  If legal or other requirements 
 62.31  mean that you must buy any items you did not specifically ask 
 62.32  for, we will explain the reason in writing on the statement we 
 62.33  provide describing the funeral goods and services you selected." 
 62.34  Provided, however, that if the charge for "services of funeral 
 62.35  director and staff" cannot be declined by the purchaser, the 
 62.36  statement shall include the sentence, "However, any funeral 
 63.1   arrangements you select will include a charge for our basic 
 63.2   services.", between the second and third sentences of the 
 63.3   sentences specified herein.  The statement may include the 
 63.4   phrase "and overhead" after the word services if the fee 
 63.5   includes a charge for the recovery of unallocated funeral 
 63.6   overhead.  If the funeral provider does not include this 
 63.7   disclosure statement, then the following disclosure statement 
 63.8   must be placed in the statement of funeral goods and services 
 63.9   selected, as described in section 149A.71, subdivision 2, 
 63.10  paragraph (d), "Charges are only for those items that you 
 63.11  selected or that are required.  If we are required by law or by 
 63.12  a cemetery or crematory to use any items, we will explain the 
 63.13  reasons in writing below."  A funeral provider is not in 
 63.14  violation of this subdivision by failing to comply with a 
 63.15  request for a combination of goods or services which would be 
 63.16  impossible, impractical, or excessively burdensome to provide. 
 63.17     Sec. 30.  [149A.74] [FUNERAL INDUSTRY PRACTICES; SERVICES 
 63.18  PROVIDED WITHOUT PRIOR APPROVAL.] 
 63.19     Subdivision 1.  [SERVICES PROVIDED WITHOUT PRIOR APPROVAL; 
 63.20  DECEPTIVE ACTS OR PRACTICES.] In selling or offering to sell 
 63.21  funeral goods or funeral services to the public, it is a 
 63.22  deceptive act or practice for any funeral provider to embalm a 
 63.23  dead human body unless state or local law or regulation requires 
 63.24  embalming in the particular circumstances regardless of any 
 63.25  funeral choice which might be made, or prior approval for 
 63.26  embalming has been obtained from an individual legally 
 63.27  authorized to make such a decision, or the funeral provider is 
 63.28  unable to contact the legally authorized individual after 
 63.29  exercising due diligence, has no reason to believe the legally 
 63.30  authorized individual does not want embalming performed and 
 63.31  obtains subsequent approval for embalming already performed.  In 
 63.32  seeking approval to embalm, the funeral provider must disclose 
 63.33  that embalming is not required by law except in certain 
 63.34  circumstances, a fee will be charged if a funeral is selected 
 63.35  which requires embalming, such as a funeral with viewing, and 
 63.36  that no fee will be charged if the family selects a service 
 64.1   which does not require embalming, such as direct cremation or 
 64.2   immediate burial. 
 64.3      Subd. 2.  [SERVICES PROVIDED WITHOUT PRIOR APPROVAL; 
 64.4   PREVENTIVE REQUIREMENT.] To prevent these unfair or deceptive 
 64.5   acts or practices, funeral providers must include on the 
 64.6   itemized statement of funeral goods or services, as described in 
 64.7   section 149A.71, subdivision 2, paragraph (d), the statement, 
 64.8   "If you selected a funeral that may require embalming, such as a 
 64.9   funeral with viewing, you may have to pay for embalming.  You do 
 64.10  not have to pay for embalming you did not approve if you 
 64.11  selected arrangements such as direct cremation or immediate 
 64.12  burial.  If we charged for embalming, we will explain why below."
 64.13     Sec. 31.  [149A.75] [FUNERAL INDUSTRY PRACTICES; RETENTION 
 64.14  OF DOCUMENTS.] 
 64.15     Funeral providers must retain and make available for 
 64.16  inspection, true and accurate copies of the applicable price 
 64.17  lists specified in section 149A.71, subdivision 2, paragraphs 
 64.18  (b) and (c), for a minimum of one calendar year after the date 
 64.19  of their last distribution to customers.  In addition, funeral 
 64.20  providers must retain a copy of each statement of funeral goods 
 64.21  and services selected, as described in section 149A.71, 
 64.22  subdivision 2, paragraph (d), for a minimum of three calendar 
 64.23  years from the date of the arrangement conference. Following 
 64.24  this period and subject to any other laws requiring retention of 
 64.25  records, the funeral provider may then place the records in 
 64.26  storage or reduce them to microfilm, microfiche, laser disc, or 
 64.27  any other method that can produce an accurate reproduction of 
 64.28  the original record, for retention for a period of ten calendar 
 64.29  years from the date of the arrangement conference.  At the end 
 64.30  of this period and subject to any other laws requiring retention 
 64.31  of records, the funeral provider may destroy the records by 
 64.32  shredding, incineration, or any other manner that protects the 
 64.33  privacy of the individuals identified in the records. 
 64.34     Sec. 32.  [149A.76] [FUNERAL INDUSTRY PRACTICES; 
 64.35  COMPREHENSION OF DISCLOSURES.] 
 64.36     Funeral providers must make all disclosures required under 
 65.1   sections 149A.71 to 149A.74 in a clear and conspicuous manner. 
 65.2      Sec. 33.  [149A.80] [DEATH; RIGHT TO CONTROL AND DUTY OF 
 65.3   DISPOSITION.] 
 65.4      Subdivision 1.  [ADVANCE DIRECTIVES AND WILL OF DECEDENT.] 
 65.5   A decedent, prior to death, may direct the preparation for, 
 65.6   type, or place of final disposition, either by oral or written 
 65.7   instructions.  The person or persons otherwise entitled to 
 65.8   control the final disposition under this chapter shall 
 65.9   faithfully carry out the reasonable and otherwise lawful 
 65.10  directions of the decedent to the extent that the decedent has 
 65.11  provided resources for the purpose of carrying out the 
 65.12  directions.  If the instructions are contained in a will, they 
 65.13  shall be immediately carried out, regardless of the validity of 
 65.14  the will in other respects or of the fact that the will may not 
 65.15  be offered for or admitted to probate until a later date, 
 65.16  subject to other provisions of this chapter or any other law of 
 65.17  this state.  This subdivision shall be administered and 
 65.18  construed to the end that the reasonable and lawful instructions 
 65.19  of the decedent or the person entitled to control the final 
 65.20  disposition shall be faithfully and promptly performed. 
 65.21     Subd. 2.  [DETERMINATION OF RIGHT TO CONTROL AND DUTY OF 
 65.22  DISPOSITION.] The right to control the disposition of the 
 65.23  remains of a deceased person, including the location and 
 65.24  conditions of final disposition, unless other directions have 
 65.25  been given by the decedent pursuant to subdivision 1, vests in, 
 65.26  and the duty of final disposition of the body devolves upon the 
 65.27  following in the order named: 
 65.28     (1) the person designated in a dated written instrument 
 65.29  signed by the decedent.  Written instrument does not include a 
 65.30  durable or nondurable power of attorney which terminates on the 
 65.31  death of the principal pursuant to sections 523.08 and 523.09; 
 65.32     (2) the surviving, legally recognized spouse; 
 65.33     (3) the surviving biological or adopted child or children 
 65.34  of the decedent over the age of majority, provided that, in the 
 65.35  absence of actual knowledge to the contrary, a funeral director 
 65.36  or mortician may rely on instructions given by the child or 
 66.1   children who represent that they are the sole surviving child, 
 66.2   or that they constitute a majority of the surviving children; 
 66.3      (4) the surviving parent or parents of the decedent; 
 66.4      (5) the surviving biological or adopted sibling or siblings 
 66.5   of the decedent over the age of majority, provided that, in the 
 66.6   absence of actual knowledge to the contrary, a funeral director 
 66.7   or mortician may rely on instructions given by the sibling or 
 66.8   siblings who represent that they are the sole surviving sibling, 
 66.9   or that they constitute a majority of the surviving siblings; 
 66.10     (6) the person or persons respectively in the next degree 
 66.11  of kinship in the order named by law to inherit the estate of 
 66.12  the decedent; and 
 66.13     (7) the appropriate public or court authority, as required 
 66.14  by law.  
 66.15     For purposes of this subdivision the appropriate public or 
 66.16  court authority includes the county board of the county in which 
 66.17  the death occurred if the person dies without apparent financial 
 66.18  means to provide for final disposition or the district court in 
 66.19  the county in which the death occurred.  
 66.20     Subd. 3.  [ESTRANGED PERSONS.] Where there is only one 
 66.21  person in the degree of relationship to the decedent and a 
 66.22  district court, pursuant to subdivision 5, determines that the 
 66.23  person and the decedent were estranged at the time of death, the 
 66.24  right to control and the duty of disposition shall devolve to 
 66.25  the person or persons in the next degree of relationship 
 66.26  pursuant to subdivision 2, clauses (1) to (6).  For purposes of 
 66.27  this subdivision estranged means having a relationship 
 66.28  characterized by mutual enmity, hostility, or indifference. 
 66.29     Subd. 4.  [REFUSAL OF RIGHT TO CONTROL AND DUTY OF 
 66.30  DISPOSITION.] If a person or persons to whom the right to 
 66.31  control and duty of disposition devolve pursuant to subdivision 
 66.32  2, clauses (1) to (6), refuses to accept or declines to act upon 
 66.33  the right or duty, that right and duty shall pass as follows: 
 66.34     (1) to another person or persons with the same degree of 
 66.35  relationship to the decedent as the person or persons refusing 
 66.36  to accept or declining to act; or 
 67.1      (2) to the person or persons in the next degree of 
 67.2   relationship to the decedent pursuant to subdivision 2, clauses 
 67.3   (1) to (6). 
 67.4      Subd. 5.  [DISPUTES.] When a dispute exists regarding the 
 67.5   right to control or duty of disposition the parties in dispute 
 67.6   or the mortician or funeral director may file a petition in the 
 67.7   district court in the county of residence of the decedent 
 67.8   requesting that the court make a determination in the matter.  
 67.9   Should the right to control and duty of disposition devolve to 
 67.10  more than one person with the same degree of relationship to the 
 67.11  decedent and those persons cannot, by majority vote, make a 
 67.12  decision regarding arrangements and final disposition and a 
 67.13  district court has been petitioned to make a determination, the 
 67.14  court shall consider the following factors in making its 
 67.15  determination: 
 67.16     (1) the reasonableness, practicality, and resources 
 67.17  available for payment of the proposed arrangements and final 
 67.18  disposition; 
 67.19     (2) the degree of the personal relationship between the 
 67.20  decedent and each of the persons in the same degree of 
 67.21  relationship to the decedent; 
 67.22     (3) the expressed wishes and directions of the decedent and 
 67.23  the extent to which the decedent has provided resources for the 
 67.24  purpose of carrying out the wishes or directions; and 
 67.25     (4) the degree to which the arrangements and final 
 67.26  disposition will allow for participation by all who wish to pay 
 67.27  respect to the decedent. 
 67.28     Subd. 6.  [CONTROL BY FUNERAL DIRECTOR OR MORTICIAN.] A 
 67.29  funeral director or mortician shall have complete authority to 
 67.30  control the final disposition and to proceed under this chapter 
 67.31  to recover reasonable charges for the final disposition when 
 67.32  both of the following apply: 
 67.33     (1) the funeral director or mortician has actual knowledge 
 67.34  that none of the persons described in subdivision 2, clauses (1) 
 67.35  to (6) exists or that none of the persons so described can be 
 67.36  found after reasonable inquiry or contacted by reasonable means; 
 68.1   and 
 68.2      (2) the appropriate public or court authority fails to 
 68.3   assume responsibility for disposition of the remains within 36 
 68.4   hours after having been given written notice of the facts.  
 68.5   Written notice may be delivered by hand, United States mail, 
 68.6   facsimile transmission, or telegraph. 
 68.7      Subd. 7.  [IMMUNITY.] A funeral director or mortician shall 
 68.8   not be subject to criminal prosecution or civil liability for 
 68.9   carrying out the otherwise lawful instructions of the decedent 
 68.10  or the person or persons whom the funeral director or mortician 
 68.11  reasonably believes is entitled to control the final disposition.
 68.12     Subd. 8.  [LIABILITY FOR COST OF FINAL DISPOSITION.] In 
 68.13  addition to separate contractual obligations, the liability for 
 68.14  the reasonable cost of final disposition devolves upon the 
 68.15  estate of the decedent, regardless of whether testate or 
 68.16  intestate, and the distributees of the estate pursuant to 
 68.17  chapter 524 (Uniform Probate Code).  In the case of persons who 
 68.18  die without apparent financial means to provide for final 
 68.19  disposition, control of final disposition and liability devolves 
 68.20  to the county board of the county in which the death occurred, 
 68.21  pursuant to section 261.035.  In the case of unclaimed bodies 
 68.22  delivered for dissection pursuant to section 149A.82, 
 68.23  subdivision 1, and anatomical gifts of the entire body made 
 68.24  pursuant to section 149A.81, subdivision 2, subject to the terms 
 68.25  of the gift, liability for transportation and final disposition 
 68.26  shall be borne by the institution receiving the body. 
 68.27     Subd. 9.  [INTERFERENCE WITH BODY OR FINAL DISPOSITION.] 
 68.28  Any person or other legal entity that arrests, attaches, 
 68.29  detains, or claims to detain any human remains for any debt or 
 68.30  demand, or upon any pretended lien or charge, or who, without 
 68.31  authority of law, obstructs or detains a person charged with the 
 68.32  duty or engaged in the final disposition of a dead human body, 
 68.33  or fails to release any dead human body upon the receipt of 
 68.34  authorization for the release signed by a person or persons 
 68.35  entitled to custody of the body is guilty of a misdemeanor.  
 68.36  Criminal prosecution shall not preclude the commissioner from 
 69.1   taking any other lawful disciplinary action. 
 69.2      Sec. 34.  [149A.81] [ANATOMICAL GIFTS.] 
 69.3      Subdivision 1.  [DUTY OF DISPOSITION; GIFT OF PART OF A 
 69.4   BODY.] This chapter shall not apply to or interfere with the 
 69.5   making of an anatomical gift under sections 525.921 to 525.9224, 
 69.6   except as provided in this subdivision.  
 69.7      When the anatomical gift is of a part of a body, after 
 69.8   procurement of the gift organ or organs, custody of the 
 69.9   remainder of the body vests in the person or persons under legal 
 69.10  obligation to dispose of the body under section 149A.80.  Once 
 69.11  an anatomical gift has been made and custody of the body has 
 69.12  passed from the donee to the person or persons lawfully entitled 
 69.13  or obligated to dispose of the body, the provisions of this 
 69.14  chapter apply. 
 69.15     Subd. 2.  [DUTY OF DISPOSITION; GIFT OF WHOLE BODY.] When 
 69.16  the gift is of the whole body, after it has answered the 
 69.17  purpose, subject to the terms of the gift, the body shall be 
 69.18  decently buried in a public or private cemetery or cremated and 
 69.19  disposed of in any lawful manner and the expense of transporting 
 69.20  and burying or cremating the body shall be borne by the donee of 
 69.21  the body.  Where the donee allows embalming of the body and a 
 69.22  funeral service prior to delivery of the body for gift purposes, 
 69.23  the provisions of this chapter apply until the body is delivered 
 69.24  to the donee pursuant to the gift.  Where the donee takes 
 69.25  immediate delivery of the body pursuant to the gift, the donee 
 69.26  must complete and file the death certificate.  If the donee does 
 69.27  not accept the gift of the body, the right to control, duty of 
 69.28  disposition, and liability for disposition shall be in 
 69.29  accordance with section 149A.80. 
 69.30     Sec. 35.  [149A.82] [UNCLAIMED DEAD HUMAN BODIES.] 
 69.31     Subdivision 1.  [DELIVERY OF SUBJECTS FOR DISSECTION.] 
 69.32  Except as otherwise provided in subdivision 2, the bodies of all 
 69.33  persons dying within the state and not claimed for final 
 69.34  disposition within 48 hours after death or release of the body 
 69.35  by a competent authority with jurisdiction over the body may be 
 69.36  delivered by the person in charge for purposes of anatomical 
 70.1   study.  Every official or other person in possession or control 
 70.2   of the body shall notify the committee, as appointed by the 
 70.3   deans of the medical and chiropractic colleges of the state 
 70.4   pursuant to section 145.14, and deliver the body according to 
 70.5   the request of the committee.  The remains of the body, after it 
 70.6   has answered the purpose, shall be decently buried in a public 
 70.7   cemetery or cremated and disposed of in any lawful manner and 
 70.8   the expense of delivery, any further transportation, and burying 
 70.9   or cremating the body shall be borne by the entity receiving the 
 70.10  body.  If the committee does not request delivery of the body, 
 70.11  the right to control, duty of disposition, and liability for 
 70.12  disposition shall be in accordance with section 149A.80. 
 70.13     Subd. 2.  [EXCEPTIONS.] No body shall be so delivered: 
 70.14     (1) after it has been regularly interred; 
 70.15     (2) after it has been claimed for final disposition by any 
 70.16  person or persons entitled to receive it for that purpose; 
 70.17     (3) if the decedent, in last illness, requested that the 
 70.18  body be buried or cremated; 
 70.19     (4) if the decedent died while detained as a witness to or 
 70.20  under suspicion of criminal activity; or 
 70.21     (5) if another disposition is required by any other law. 
 70.22     Sec. 36.  [149A.90] [DEATH; REGISTRATION AND REMOVAL FROM 
 70.23  PLACE OF DEATH.] 
 70.24     Subdivision 1.  [DEATH CERTIFICATE.] Except as herein 
 70.25  provided, a death certificate must be completed and filed for 
 70.26  every known death by the mortician, funeral director, or other 
 70.27  person lawfully in charge of the disposition of the body.  
 70.28  Medical certifications of the cause of death must be signed by 
 70.29  the physician last in attendance upon the deceased, or, where 
 70.30  appropriate, the coroner or medical examiner and returned to the 
 70.31  mortician, funeral director, or other person lawfully in charge 
 70.32  of the disposition of the body within 48 hours following receipt 
 70.33  of the death certificate in order to allow for reasonable time 
 70.34  to secure the required disposition permit. 
 70.35     Subd. 2.  [REMOVAL FROM PLACE OF DEATH.] No person or other 
 70.36  legal entity subject to regulation under this chapter shall 
 71.1   remove or cause to be removed, any dead human body from the 
 71.2   place of death without being licensed by the commissioner of 
 71.3   health.  Every dead human body shall be removed from the place 
 71.4   of death by a licensed mortician or funeral director, except as 
 71.5   provided in section 149A.01 subdivision 3. 
 71.6      Subd. 3.  [REFERRALS TO CORONER OR MEDICAL EXAMINER.] The 
 71.7   mortician, funeral director, or other person lawfully in charge 
 71.8   of the disposition of the body shall notify the coroner or 
 71.9   medical examiner before moving a body from the site of death in 
 71.10  any case: 
 71.11     (1) where the person is unable to obtain firm assurance 
 71.12  from the physician in attendance that the medical certification 
 71.13  will be signed; 
 71.14     (2) when circumstances suggest that the death was caused by 
 71.15  other than natural causes; 
 71.16     (3) where deaths occur under mysterious or unusual 
 71.17  circumstances; 
 71.18     (4) where there is a violent death, whether homicidal, 
 71.19  suicidal, or accidental, including but not limited to:  thermal, 
 71.20  chemical, electrical, or radiational injury; and deaths due to 
 71.21  criminal abortion, whether self-induced or not; 
 71.22     (5) where the body is to be disposed of in some manner 
 71.23  which prevents later examination, including but not limited to, 
 71.24  cremation, dissection, or burial at sea; or 
 71.25     (6) when the decedent was an inmate of a public institution 
 71.26  who was not hospitalized for organic disease. 
 71.27     Subd. 4.  [DOCUMENTATION OF REMOVAL.] No dead human body 
 71.28  shall be removed from the place of death by a mortician or 
 71.29  funeral director without the completion of a removal 
 71.30  certification and, where possible, presentation of a copy of 
 71.31  that certification to the person or a representative of the 
 71.32  legal entity with physical or legal custody of the body at the 
 71.33  death site.  The removal certification may be on a form provided 
 71.34  by the commissioner or on any other form that contains, at 
 71.35  least, the following information: 
 71.36     (1) the name of the deceased, if known; 
 72.1      (2) the date and time of removal; 
 72.2      (3) a brief listing of the type and condition of any 
 72.3   personal property removed with the body; 
 72.4      (4) the location to which the body is being taken; 
 72.5      (5) the name, business address, and license number of the 
 72.6   individual making the removal; and 
 72.7      (6) the signatures of the individual making the removal 
 72.8   and, where possible, the individual or representative of the 
 72.9   legal entity with physical or legal custody of the body at the 
 72.10  death site. 
 72.11     Subd. 5.  [RETENTION OF DOCUMENTATION OF REMOVAL.] A copy 
 72.12  of the removal certification shall be given, where possible, to 
 72.13  the person or representative of the legal entity having physical 
 72.14  or legal custody of the body at the death site.  The original 
 72.15  removal certification shall be retained by the individual making 
 72.16  the removal and shall be kept on file, at the funeral 
 72.17  establishment or crematory to which the body was taken, for a 
 72.18  period of three calendar years following the date of the 
 72.19  removal.  Following this period, and subject to any other laws 
 72.20  requiring retention of records, the funeral establishment or 
 72.21  crematory may then place the records in storage or reduce them 
 72.22  to microfilm, microfiche, laser disc, or any other method that 
 72.23  can produce an accurate reproduction of the original record, for 
 72.24  retention for a period of ten calendar years from the date of 
 72.25  the removal of the body.  At the end of this period and subject 
 72.26  to any other laws requiring retention of records, the funeral 
 72.27  establishment or crematory may destroy the records by shredding, 
 72.28  incineration, or any other manner that protects the privacy of 
 72.29  the individuals identified in the records. 
 72.30     Subd. 6.  [REMOVAL PROCEDURE.] Every individual removing a 
 72.31  dead human body from the place of death shall use universal 
 72.32  precautions and otherwise exercise all reasonable precautions to 
 72.33  minimize the risk of transmitting any communicable disease from 
 72.34  the body.  Universal precautions refers to the universal blood 
 72.35  and body fluid precautions recommended by the United States 
 72.36  Public Health Service, Centers for Disease Control, to prevent 
 73.1   transmission of blood-borne and body fluid-borne infectious 
 73.2   diseases.  Before removal the body shall be wrapped in a sheet 
 73.3   that is impervious to liquids, covered in such a manner that the 
 73.4   body cannot be viewed, encased in a secure pouch, and placed on 
 73.5   a regulation ambulance cot or on an aircraft ambulance 
 73.6   stretcher.  Any dead human body measuring 36 inches or less in 
 73.7   length may be removed after having been properly wrapped, 
 73.8   covered, and encased, but does not need to be placed on an 
 73.9   ambulance cot or aircraft ambulance stretcher. 
 73.10     Subd. 7.  [CONVEYANCES PERMITTED FOR REMOVAL.] A dead human 
 73.11  body may be transported from the place of death by any vehicle 
 73.12  that meets the following standards: 
 73.13     (1) promotes respect for and preserves the dignity of the 
 73.14  dead human body; 
 73.15     (2) shields the body from being viewed from outside of the 
 73.16  conveyance; 
 73.17     (3) has ample enclosed area to accommodate an ambulance cot 
 73.18  or aircraft ambulance stretcher in a horizontal position; 
 73.19     (4) is so designed to permit loading and unloading of the 
 73.20  body without excessive tilting of the cot or stretcher; and 
 73.21     (5) if used for the transportation of more than one dead 
 73.22  human body at one time, the vehicle must be designed so that a 
 73.23  body or container does not rest directly on top of another body 
 73.24  or container and that each body or container is secured to 
 73.25  prevent the body or container from excessive movement within the 
 73.26  conveyance.  A dead human body measuring 36 inches or less in 
 73.27  length may be transported from the place of death by passenger 
 73.28  automobile.  For purposes of this subdivision, a passenger 
 73.29  automobile is a vehicle designed and used for carrying not more 
 73.30  than ten persons, but excludes motorcycles and motor scooters. 
 73.31     Subd. 8.  [PROPER HOLDING FACILITY REQUIRED.] The funeral 
 73.32  establishment or crematory to which a dead human body is taken 
 73.33  shall have an appropriate holding facility for storing the body 
 73.34  while awaiting final disposition.  The holding facility must be 
 73.35  secure from access by anyone except the authorized personnel of 
 73.36  the funeral establishment or crematory, preserve the dignity of 
 74.1   the remains, and protect the health and safety of the funeral 
 74.2   establishment or crematory personnel. 
 74.3      Sec. 37.  [149A.91] [PREPARATION OF BODY.] 
 74.4      Subdivision 1.  [UNIVERSAL PRECAUTIONS.] In handling and 
 74.5   preparing dead human bodies for final disposition, any person 
 74.6   who comes in direct contact with an unembalmed dead human body 
 74.7   or who enters a room where dead human bodies are embalmed, shall 
 74.8   use universal precautions and otherwise exercise all reasonable 
 74.9   precautions to minimize the risk of transmitting any 
 74.10  communicable disease from the body.  Universal precautions 
 74.11  refers to the universal blood and body fluid precautions 
 74.12  recommended by the United States Public Health Service, Centers 
 74.13  for Disease Control, to prevent transmission of blood-borne and 
 74.14  body fluid-borne infectious diseases.  All persons present in a 
 74.15  preparation and embalming room while a body is being prepared 
 74.16  for final disposition must be attired in accordance with all 
 74.17  applicable state and federal regulation regarding the control of 
 74.18  infectious disease and occupational and workplace health and 
 74.19  safety. 
 74.20     Subd. 2.  [PREPARATION PROCEDURES; ACCESS TO PREPARATION 
 74.21  ROOM.] The preparation of a dead human body for final 
 74.22  disposition shall be performed in privacy.  No person shall be 
 74.23  permitted to be present in the preparation room while a dead 
 74.24  human body is being embalmed, washed, or otherwise prepared for 
 74.25  final disposition, except: 
 74.26     (1) licensed morticians or funeral directors and their 
 74.27  authorized agents and employees; 
 74.28     (2) duly registered interns or students as described in 
 74.29  subdivision 6; 
 74.30     (3) public officials or representatives in the discharge of 
 74.31  their official duties; 
 74.32     (4) duly licensed medical personnel; and 
 74.33     (5) members of the immediate family of the deceased, their 
 74.34  designated representatives, and any person receiving written 
 74.35  authorization to be present.  The written authorization must be 
 74.36  dated and signed by the person with legal right to control the 
 75.1   disposition and must be presented to the mortician or intern or 
 75.2   practicum student who will be performing the procedure.  The 
 75.3   written authorization shall become part of the required records 
 75.4   pursuant to subdivision 10. 
 75.5      Subd. 3.  [EMBALMING REQUIRED.] A dead human body must be 
 75.6   embalmed by a licensed mortician in the following circumstances: 
 75.7      (1) if the body will be transported by public 
 75.8   transportation; 
 75.9      (2) if final disposition will not be accomplished within 72 
 75.10  hours after death or release of the body by a competent 
 75.11  authority with jurisdiction over the body or the body will be 
 75.12  lawfully stored for final disposition in the future, except as 
 75.13  provided in section 149A.100, subdivision 1; 
 75.14     (3) if the body will be publicly viewed; or 
 75.15     (4) if so ordered by the commissioner of health for the 
 75.16  control of infectious disease and the protection of the public 
 75.17  health. 
 75.18     Subd. 4.  [AUTHORIZATION TO EMBALM.] No dead human body 
 75.19  shall be embalmed without written authorization.  Written 
 75.20  authorization to embalm a dead human body must be obtained from 
 75.21  the individual lawfully entitled to custody of the body or their 
 75.22  legal designee as soon as is practicable following the death. 
 75.23  Oral permission to embalm shall constitute an effective 
 75.24  authorization to embalm if the individual seeking permission 
 75.25  uses the word embalm, briefly explains the nature of embalming, 
 75.26  and briefly outlines the existing laws regulating the timing and 
 75.27  reasons for embalming, and obtains written authorization as soon 
 75.28  as is possible thereafter.  The original written authorization 
 75.29  to embalm shall be maintained in the records of the funeral 
 75.30  establishment that causes the embalming to be performed and a 
 75.31  copy of the authorization must be delivered to the person who 
 75.32  has legal right to control the disposition or that person's 
 75.33  legal designee.  Predeath directives authorizing embalming, duly 
 75.34  executed by the deceased, shall be given full legal effect and 
 75.35  shall constitute an effective authorization to embalm under this 
 75.36  subdivision.  When embalming is required by subdivision 3, 
 76.1   permission to embalm shall, as a matter of law, be implied. 
 76.2      Subd. 5.  [AUTHORIZATION TO EMBALM; REQUIRED FORM.] A 
 76.3   written authorization to embalm must contain the following 
 76.4   information: 
 76.5      (1) the date of the authorization; 
 76.6      (2) the name of the funeral establishment that will perform 
 76.7   the embalming; 
 76.8      (3) the name, address, and relationship to the decedent of 
 76.9   the person signing the authorization; 
 76.10     (4) an acknowledgment of the circumstances where embalming 
 76.11  is required by law under subdivision 3; 
 76.12     (5) a statement certifying that the person signing the 
 76.13  authorization is the person with legal right to control the 
 76.14  disposition of the body prescribed in section 149A.80 or that 
 76.15  person's legal designee; 
 76.16     (6) the signature of the person requesting the 
 76.17  authorization and that person's relationship to the funeral 
 76.18  establishment where the procedure will be performed; and 
 76.19     (7) the signature of the person who has the legal right to 
 76.20  control the disposition or their legal designee. 
 76.21     Subd. 6.  [MORTICIAN REQUIRED.] Embalming of a dead human 
 76.22  body shall be performed only by an individual holding an 
 76.23  unlimited license to practice mortuary science in Minnesota, a 
 76.24  registered intern pursuant to section 149A.20, subdivision 6, or 
 76.25  a student duly registered for a practicum through an accredited 
 76.26  college or university or a college of funeral service education 
 76.27  accredited by the American Board of Funeral Service Education.  
 76.28  An individual who holds a funeral director only license issued 
 76.29  pursuant to section 149A.40, subdivision 2, is prohibited from 
 76.30  engaging in the embalming of a dead human body. 
 76.31     Subd. 7.  [EMBALMING CHEMICALS; PROHIBITED COMPOUNDS.] 
 76.32  Embalming fluid containing compounds of arsenic, mercury, zinc, 
 76.33  silver, or other poisonous metals shall not be sold in Minnesota 
 76.34  or used for or in the embalming of any dead human body. 
 76.35     Subd. 8.  [MINIMUM STANDARDS FOR EMBALMING.] In every case 
 76.36  where a dead human body is embalmed, standards of performance 
 77.1   known to and accepted in the practice of mortuary science shall 
 77.2   be followed to ensure the inhibition of pathogenic organisms in 
 77.3   the dead human body. 
 77.4      Subd. 9.  [EMBALMED BODIES AWAITING DISPOSITION.] All 
 77.5   embalmed bodies awaiting final disposition shall be kept in an 
 77.6   appropriate holding facility or preparation and embalming room.  
 77.7   The holding facility must be secure from access by anyone except 
 77.8   the authorized personnel of the funeral establishment, preserve 
 77.9   the dignity and integrity of the body, and protect the health 
 77.10  and safety of the personnel of the funeral establishment. 
 77.11     Subd. 10.  [REQUIRED RECORDS.] Every funeral establishment 
 77.12  that causes a dead human body to be embalmed shall create and 
 77.13  maintain on its premises or other business location in 
 77.14  Minnesota, an accurate record of every embalming performed.  The 
 77.15  record shall include all of the following information for each 
 77.16  embalming: 
 77.17     (1) the name of the decedent and the date of death; 
 77.18     (2) the date the funeral establishment took physical 
 77.19  custody of the body and, if applicable, the name of the person 
 77.20  releasing the body to the custody of the funeral establishment; 
 77.21     (3) the reason for embalming the body; 
 77.22     (4) the name, address, and relationship to the decedent of 
 77.23  the person who authorized the embalming of the body; 
 77.24     (5) the date the body was embalmed, including the time 
 77.25  begun and the time of completion; 
 77.26     (6) the name, license number, and signature of the 
 77.27  mortician who performed or personally supervised the intern or 
 77.28  student who performed the embalming; 
 77.29     (7) the name, permit number (if applicable), and signature 
 77.30  of any intern or practicum student that participates in the 
 77.31  embalming of a body, whether the intern or practicum student 
 77.32  performs part or all of the embalming; and 
 77.33     (8) the original written authorization to embalm and any 
 77.34  other supporting documentation that establishes the legal right 
 77.35  of the funeral establishment to physical custody of the body and 
 77.36  to embalm the body. 
 78.1      Subd. 11.  [RETENTION OF RECORDS.] Records required under 
 78.2   subdivision 10 shall be maintained for a period of three 
 78.3   calendar years after the embalming of the body.  Following this 
 78.4   period and subject to any other laws requiring retention of 
 78.5   records, the funeral establishment may then place the records in 
 78.6   storage or reduce them to microfilm, microfiche, laser disc, or 
 78.7   any other method that can produce an accurate reproduction of 
 78.8   the original record, for retention for a period of ten calendar 
 78.9   years from the date of the embalming of the body.  At the end of 
 78.10  this period and subject to any other laws requiring retention of 
 78.11  records, the funeral establishment may destroy the records by 
 78.12  shredding, incineration, or any other manner that protects the 
 78.13  privacy of the individuals identified in the records. 
 78.14     Sec. 38.  [149A.92] [PREPARATION AND EMBALMING ROOM.] 
 78.15     Subdivision 1.  [EXEMPTION.] All funeral establishments 
 78.16  having a preparation and embalming room that has not been used 
 78.17  for the preparation or embalming of a dead human body in the 12 
 78.18  calendar months prior to June 30, 1995, is exempt from the 
 78.19  following minimum standards, except as provided in this 
 78.20  section.  At the time that ownership of a funeral establishment 
 78.21  changes, the physical location of the establishment changes, or 
 78.22  the building housing the funeral establishment or business space 
 78.23  of the establishment is remodeled the existing preparation and 
 78.24  embalming room must be brought into compliance with the minimum 
 78.25  standards in this section. 
 78.26     Subd. 2.  [MINIMUM REQUIREMENTS; GENERAL.] Every funeral 
 78.27  establishment must have a preparation and embalming room.  The 
 78.28  room shall be of sufficient size and dimensions to accommodate a 
 78.29  preparation or embalming table, an open fixture with water 
 78.30  connections, and an instrument table, cabinet, or shelves.  
 78.31     Subd. 3.  [MINIMUM REQUIREMENTS; LIGHTING AND VENTILATION.] 
 78.32  The room shall be properly lit and ventilated with an exhaust 
 78.33  fan that provides at least 12 air changes per hour and is so 
 78.34  located that air is drawn away from the person performing the 
 78.35  preparation. 
 78.36     Subd. 4.  [MINIMUM REQUIREMENTS; PLUMBING CONNECTIONS.] All 
 79.1   plumbing fixtures, water supply lines, plumbing vents, and waste 
 79.2   drains shall be properly vented and connected pursuant to the 
 79.3   Minnesota plumbing code.  Where a municipal sewerage system is 
 79.4   available, the building drainage system shall be discharged into 
 79.5   that system.  Where a municipal system is not available, the 
 79.6   building system must be discharged into an approved private 
 79.7   system of waste disposal. 
 79.8      Subd. 5.  [MINIMUM STANDARDS; FLOORING, WALLS, CEILING, 
 79.9   DOORS, AND WINDOWS.] All preparation and embalming rooms shall 
 79.10  have nonporous flooring, so that a sanitary condition is 
 79.11  provided.  The walls and ceiling of the preparation and 
 79.12  embalming room shall run from floor to ceiling and be covered 
 79.13  with tile, or by plaster or sheetrock painted with washable 
 79.14  paint, or other appropriate material so that a sanitary 
 79.15  condition is provided.  The doors, walls, ceiling, and windows 
 79.16  shall be constructed to prevent odors from entering any other 
 79.17  part of the building.  All windows or other openings to the 
 79.18  outside shall be screened and all windows must be treated in a 
 79.19  manner that prevents viewing into the preparation room from the 
 79.20  outside. 
 79.21     Subd. 6.  [MINIMUM STANDARDS; EQUIPMENT AND SUPPLIES.] The 
 79.22  preparation and embalming room must have a preparation and 
 79.23  embalming table and a functional aspirator.  The preparation and 
 79.24  embalming table shall have a nonporous top, preferably of rust 
 79.25  proof metal or porcelain, with raised edges around the top of 
 79.26  the entire table and a drain opening at the lower end.  Where 
 79.27  embalmings are actually performed in the room, the room must be 
 79.28  equipped with a functional method for injection of fluids, an 
 79.29  eye wash station, and sufficient supplies and instruments for 
 79.30  normal operation.  All supplies must be stored and used in 
 79.31  accordance with all applicable state and federal regulation for 
 79.32  occupational health and safety. 
 79.33     Subd. 7.  [ACCESS AND PRIVACY.] The preparation and 
 79.34  embalming room must be private and have no general passageway 
 79.35  through it.  The room shall, at all times, be secure from the 
 79.36  entrance of unauthorized persons.  Authorized persons are those 
 80.1   persons described in section 149A.91, subdivision 2.  Each door 
 80.2   allowing ingress or egress shall carry a sign that indicates 
 80.3   that the room is private and access is limited.  All authorized 
 80.4   persons who are present in or enter a preparation and embalming 
 80.5   room while a body is being prepared for final disposition must 
 80.6   be attired in accordance with all applicable state and federal 
 80.7   regulation regarding the control of infectious disease and 
 80.8   occupational and workplace health and safety. 
 80.9      Subd. 8.  [SANITARY CONDITIONS AND PERMITTED USE.] The 
 80.10  preparation and embalming room and all fixtures, equipment, 
 80.11  instruments, receptacles, clothing, and other appliances or 
 80.12  supplies stored or used in the room must be maintained in a 
 80.13  clean and sanitary condition at all times.  A preparation and 
 80.14  embalming room shall not be used for any other purposes. 
 80.15     Subd. 9.  [WASTE DISPOSAL.] Infectious and pathological 
 80.16  waste generated in preparation of the body shall be handled and 
 80.17  disposed of according to the infectious waste control act, 
 80.18  sections 116.75 to 116.83, and packaged for disposal in the 
 80.19  manner prescribed by rules. 
 80.20     Subd. 10.  [OCCUPATIONAL AND WORKPLACE SAFETY.] All 
 80.21  applicable provisions of state and federal regulation regarding 
 80.22  exposure to workplace hazards and accidents shall be followed in 
 80.23  order to protect the health and safety of all authorized persons 
 80.24  who enter the preparation and embalming room. 
 80.25     Sec. 39.  [149A.93] [TRANSPORTATION OF DEAD HUMAN BODIES.] 
 80.26     Subdivision 1.  [PERMITS REQUIRED.] After removal from the 
 80.27  place of death to any location where the body is held awaiting 
 80.28  final disposition, further transportation of the body shall 
 80.29  require a disposition-transit-removal permit issued by the local 
 80.30  registrar of the place of death, a subregistrar as defined by 
 80.31  Minnesota Rules, part 4600.0100, subpart 5, or, if necessary to 
 80.32  avoid delay, the state registrar.  Permits shall contain the 
 80.33  information required on the permit form as furnished by the 
 80.34  commissioner and shall be signed by the registrar or 
 80.35  subregistrar and the person in legal custody of the body, and, 
 80.36  where appropriate, the mortician, intern, or practicum student 
 81.1   who embalmed the body, the person in charge of the conveyance in 
 81.2   which the body will be moved, or the person in charge of the 
 81.3   place of final disposition.  Where a funeral establishment name 
 81.4   is used in signing a permit it must be supported by the personal 
 81.5   signature of a licensee employed by the funeral establishment. 
 81.6      Subd. 2.  [TRANSIT PERMIT.] A transit permit shall be 
 81.7   required when a body is to be: 
 81.8      (1) moved within a registration district and legal and 
 81.9   physical custody of the body is transferred; 
 81.10     (2) removed from a registration district; 
 81.11     (3) removed from the county where the death occurred; 
 81.12     (4) transported by public transportation; or 
 81.13     (5) removed from the state. 
 81.14     Subd. 3.  [DISPOSITION PERMIT.] A disposition permit shall 
 81.15  be required before a body can be buried, entombed, or cremated, 
 81.16  or when a body will be retained for more than five calendar 
 81.17  days.  No disposition permit shall be issued until a death 
 81.18  certificate has been completed or the issuing authority receives 
 81.19  firm assurances that the death certificate will be completed 
 81.20  within a reasonable amount of time not to exceed seven calendar 
 81.21  days from the issuance of the permit. 
 81.22     Subd. 4.  [POSSESSION OF PERMIT.] Until the body is 
 81.23  delivered for final disposition, the permit shall be in 
 81.24  possession of the person in physical or legal custody of the 
 81.25  body, or attached to the transportation container which holds 
 81.26  the body.  At the place of final disposition, legal custody of 
 81.27  the body shall pass with the filing of the disposition permit 
 81.28  with the person in charge of that place, the health board 
 81.29  authorized under section 145A.04, where local disposition 
 81.30  permits are required, or the state registrar where there is no 
 81.31  legal entity in charge of the place of final disposition. 
 81.32     Subd. 5.  [DEATH OUTSIDE STATE; DISPOSITION PERMIT.] When a 
 81.33  death occurs outside of the state and the body travels into or 
 81.34  through this state, the body must be accompanied by a permit for 
 81.35  burial, removal, or other disposition issued in accordance with 
 81.36  the laws and rules of the state where the death occurred.  The 
 82.1   properly issued permit from the state where the death occurred 
 82.2   shall authorize the transportation of the body into or through 
 82.3   this state, but before final disposition in this state, a 
 82.4   separate Minnesota disposition permit must be issued and filed, 
 82.5   together with the foreign permit, according to subdivision 4. 
 82.6      Subd. 6.  [CONVEYANCES PERMITTED FOR TRANSPORTATION.] A 
 82.7   dead human body may be transported by means of public 
 82.8   transportation provided that the body must be properly embalmed 
 82.9   and encased in an appropriate container, or by any private 
 82.10  vehicle or aircraft that meets the following standards: 
 82.11     (1) promotes respect for and preserves the dignity of the 
 82.12  dead human body; 
 82.13     (2) shields the body from being viewed from outside of the 
 82.14  conveyance; 
 82.15     (3) has ample enclosed area to accommodate a regulation 
 82.16  ambulance cot, aircraft ambulance stretcher, casket, alternative 
 82.17  container, or cremation container in a horizontal position; 
 82.18     (4) is so designed to permit loading and unloading of the 
 82.19  body without excessive tilting of the casket, alternative 
 82.20  container, or cremation container; and 
 82.21     (5) if used for the transportation of more than one dead 
 82.22  human body at one time, the vehicle must be designed so that a 
 82.23  body or container does not rest directly on top of another body 
 82.24  or container and that each body or container is secured to 
 82.25  prevent the body or container from excessive movement within the 
 82.26  conveyance. 
 82.27     Subd. 7.  [TRANSPORTATION PROCEDURES.] When a dead human 
 82.28  body is transported by public transportation it must be properly 
 82.29  embalmed and enclosed in a casket or alternative container and 
 82.30  an appropriate outside shipping container.  When transportation 
 82.31  is by any private vehicle or aircraft, the outside shipping 
 82.32  container may be omitted or the casket or alternative container 
 82.33  and the outside container may both be omitted and, in such case, 
 82.34  the body shall be wrapped in a sheet that is impervious to 
 82.35  liquids, covered in such a manner that the body cannot be 
 82.36  viewed, encased in a secure pouch, and placed on a regulation 
 83.1   ambulance cot or on an aircraft ambulance stretcher. 
 83.2      Subd. 8.  [WHO MAY TRANSPORT.] Subject to section 149A.09, 
 83.3   a dead human body need not be transported under the direct, 
 83.4   personal supervision of a licensed mortician or funeral 
 83.5   director.  In circumstances where there is no reasonable 
 83.6   probability that unlicensed personnel will encounter family 
 83.7   members or other persons with whom funeral arrangements are 
 83.8   normally made by licensed morticians or funeral directors, a 
 83.9   dead human body may be transported without the direct, personal 
 83.10  supervision of a licensed mortician.  Any inadvertent contact 
 83.11  with family members or other persons as described above shall be 
 83.12  restricted to unlicensed personnel identifying the employer to 
 83.13  the person encountered, offering to arrange an appointment with 
 83.14  the employer for any person who indicates a desire to make 
 83.15  funeral arrangements for the deceased, and making any disclosure 
 83.16  to the person that is required by state or federal regulation.  
 83.17  A licensed mortician or funeral director who directs the 
 83.18  transport of a dead human body without providing direct, 
 83.19  personal supervision shall be held strictly accountable for 
 83.20  compliance with the provisions of this chapter. 
 83.21     Subd. 9.  [EMBALMING REQUIRED.] Except as provided in 
 83.22  section 149A.100, subdivision 2, a dead human body that is being 
 83.23  transported by public transportation or will not be buried, 
 83.24  cremated, or entombed within 72 hours following death or release 
 83.25  by a competent authority with jurisdiction over the body must be 
 83.26  properly embalmed.  
 83.27     Sec. 40.  [149A.100] [FINAL DISPOSITION.] 
 83.28     Subdivision 1.  [GENERALLY.] Every dead human body lying 
 83.29  within the state, except those delivered for dissection pursuant 
 83.30  to section 149A.82, subdivision 2, those delivered for 
 83.31  anatomical study pursuant to section 149A.81, subdivision 2, or 
 83.32  lawfully carried through the state for the purpose of 
 83.33  disposition elsewhere, and the remains of any dead human body 
 83.34  after dissection or anatomical study, shall be decently buried, 
 83.35  entombed, or cremated, within a reasonable time after death.  
 83.36  Where final disposition of a body will not be accomplished 
 84.1   within 72 hours following death or release of the body by a 
 84.2   competent authority with jurisdiction over the body, the body 
 84.3   must be properly embalmed.  For purposes of this section, 
 84.4   refrigeration is not considered a form of preservation or 
 84.5   disinfection and does not alter the 72-hour requirement, except 
 84.6   as provided in subdivision 2. 
 84.7      Subd. 2.  [CREMATION EXCEPTIONS.] The 72-hour requirement 
 84.8   shall abate when a body properly delivered to a crematory cannot 
 84.9   be cremated within the time constraints imposed by law for 
 84.10  reasons of mechanical failure of the cremation chamber or 
 84.11  timeliness of delivery.  Should a crematory accept delivery of a 
 84.12  body later than 67 hours following the death or release of the 
 84.13  body by a competent authority with jurisdiction over the body or 
 84.14  experience such mechanical failure, the properly delivered body, 
 84.15  whether embalmed or not, must be maintained in a secure holding 
 84.16  facility at a temperature within the range of 34 and 40 degrees 
 84.17  Fahrenheit until cremation can be accomplished.  If cremation 
 84.18  cannot be accomplished within five calendar days after death or 
 84.19  release of the body, the crematory must obtain a permit to 
 84.20  retain the body pursuant to section 149A.93, subdivision 3.  No 
 84.21  body may be kept in refrigeration for a period that exceeds 
 84.22  seven calendar days from receipt of the body by the crematory.  
 84.23  If cremation cannot be accomplished within the seven calendar 
 84.24  day period, arrangements must be made to have the body 
 84.25  transported to an alternate crematory for final disposition. 
 84.26     Subd. 3.  [PERMIT REQUIRED.] No dead human body shall be 
 84.27  buried, entombed, or cremated without the filing of a properly 
 84.28  issued permit with the person in charge of the place of final 
 84.29  disposition.  Where a dead human body will be transported out of 
 84.30  this state for final disposition, the body must be accompanied 
 84.31  by a properly issued disposition permit. 
 84.32     Subd. 4.  [CREMATION.] Inurnment of cremated remains and 
 84.33  release to an appropriate party is considered final disposition 
 84.34  and no further permits or authorizations are required for 
 84.35  transportation, interment, entombment, or placement of the 
 84.36  cremated remains, except as provided in section 149A.101, 
 85.1   subdivision 16. 
 85.2      Sec. 41.  [149A.101] [CREMATORIES AND CREMATION.] 
 85.3      Subdivision 1.  [LICENSE REQUIRED.] No person or other 
 85.4   legal entity shall cremate a dead human body or cause any dead 
 85.5   human body to be cremated in this state without being licensed 
 85.6   by the commissioner of health.  
 85.7      Subd. 2.  [GENERAL REQUIREMENTS.] Any building to be used 
 85.8   as a crematory must comply with all applicable local and state 
 85.9   building codes, zoning laws and ordinances, and environmental 
 85.10  standards.  A crematory must have, on site, a motorized 
 85.11  mechanical device for processing cremated remains and must have, 
 85.12  in the building or adjacent to it, a holding facility for the 
 85.13  retention of dead human bodies awaiting cremation.  The holding 
 85.14  facility must be secure from access by anyone except the 
 85.15  authorized personnel of the crematory, preserve the dignity of 
 85.16  the remains, and protect the health and safety of the crematory 
 85.17  personnel. 
 85.18     Subd. 3.  [UNLICENSED PERSONNEL.] A licensed crematory may 
 85.19  employ unlicensed personnel, provided that all applicable 
 85.20  provisions of this chapter are followed.  It shall be the duty 
 85.21  of the licensed crematory to provide proper training for all 
 85.22  unlicensed personnel and the licensed crematory shall be 
 85.23  strictly accountable for compliance with the provisions of this 
 85.24  chapter and other applicable state and federal regulation 
 85.25  regarding occupational and workplace health and safety.  
 85.26     Subd. 4.  [AUTHORIZATION TO CREMATE REQUIRED.] No crematory 
 85.27  shall cremate or cause to be cremated any dead human body 
 85.28  without receiving written authorization to do so from the person 
 85.29  who has the legal right to control disposition as described in 
 85.30  section 149A.80 or their legal designee.  The written 
 85.31  authorization must include: 
 85.32     (1) the name of the deceased and the date of death; 
 85.33     (2) a statement authorizing the crematory to cremate the 
 85.34  body; 
 85.35     (3) the name, address, relationship to the deceased, and 
 85.36  signature of the person with legal right to control final 
 86.1   disposition or a legal designee; 
 86.2      (4) certification that the body does not contain any 
 86.3   implanted mechanical or radioactive device, such as a heart 
 86.4   pacemaker, that may create a hazard when placed in the cremation 
 86.5   chamber; 
 86.6      (5) authorization to remove the body from the container in 
 86.7   which it was delivered, if that container is not appropriate for 
 86.8   cremation, and to place the body in an appropriate cremation 
 86.9   container and directions for the disposition of the original 
 86.10  container; 
 86.11     (6) authorization to open the cremation chamber and 
 86.12  reposition the body to facilitate a thorough cremation and to 
 86.13  remove from the cremation chamber and separate from the cremated 
 86.14  remains, any noncombustible materials or items; 
 86.15     (7) directions for the disposition of any noncombustible 
 86.16  materials or items recovered from the cremation chamber; 
 86.17     (8) acknowledgment that the cremated remains will be 
 86.18  mechanically reduced to a granulated appearance and placed in an 
 86.19  appropriate container and authorization to place any cremated 
 86.20  remains that a selected urn or container will not accommodate 
 86.21  into a temporary container; 
 86.22     (9) acknowledgment that, even with the exercise of 
 86.23  reasonable care, it is not possible to recover all particles of 
 86.24  the cremated remains and that some particles may inadvertently 
 86.25  become commingled with disintegrated chamber material and 
 86.26  particles of other cremated remains that remain in the cremation 
 86.27  chamber or other mechanical devices used to process the cremated 
 86.28  remains; and 
 86.29     (10) directions for the ultimate disposition of the 
 86.30  cremated remains. 
 86.31     Subd. 5.  [LIMITATION OF LIABILITY.] A licensed crematory 
 86.32  acting in good faith, with reasonable reliance upon an 
 86.33  authorization to cremate, pursuant to an authorization to 
 86.34  cremate, and in an otherwise lawful manner shall be held 
 86.35  harmless from civil liability and criminal prosecution for any 
 86.36  actions taken by the crematory. 
 87.1      Subd. 6.  [ACCEPTANCE OF DELIVERY OF BODY.] No dead human 
 87.2   body shall be accepted for disposition by cremation unless 
 87.3   encased in an appropriate cremation container or casket, 
 87.4   accompanied by a disposition permit issued pursuant to section 
 87.5   149A.92, subdivision 3, including a photocopy of the completed 
 87.6   death certificate or a signed release authorizing cremation of 
 87.7   the body received from the coroner or medical examiner, and 
 87.8   accompanied by a cremation authorization that complies with the 
 87.9   requirements of subdivision 4.  A crematory may refuse to accept 
 87.10  delivery of a cremation container where there is: 
 87.11     (1) evidence of leakage of fluids from the body; 
 87.12     (2) a known dispute concerning cremation of the body 
 87.13  delivered; 
 87.14     (3) a reasonable basis for questioning any of the 
 87.15  representations made on the written authorization to cremate; or 
 87.16     (4) any other lawful reason. 
 87.17     Subd. 7.  [HANDLING OF DEAD HUMAN BODIES.] All crematory 
 87.18  employees handling dead human bodies shall use universal 
 87.19  precautions and otherwise exercise all reasonable precautions to 
 87.20  minimize the risk of transmitting any communicable disease from 
 87.21  the body.  Universal precautions refers to the universal blood 
 87.22  and body fluid precautions recommended by the United States 
 87.23  Public Health Service, Centers for Disease Control, to prevent 
 87.24  transmission of blood-borne and body fluid-borne infectious 
 87.25  diseases.  No dead human body shall be removed from the 
 87.26  container in which it is delivered to the crematory without 
 87.27  express written authorization of the person with legal right to 
 87.28  control the disposition.  If, after accepting delivery of a body 
 87.29  for cremation, it is discovered that the body contains an 
 87.30  implanted mechanical or radioactive device, that device must be 
 87.31  removed from the body by a licensed mortician or physician prior 
 87.32  to cremation.  
 87.33     Subd. 8.  [IDENTIFICATION OF BODY.] All licensed 
 87.34  crematories shall develop, implement, and maintain an 
 87.35  identification procedure whereby dead human bodies can be 
 87.36  identified from the time the crematory accepts delivery of the 
 88.1   remains until the cremated remains are released to an authorized 
 88.2   party.  After cremation, an identifying disk, tab, or other 
 88.3   permanent label shall be placed within the cremated remains 
 88.4   container before the cremated remains are released from the 
 88.5   crematory.  Each identification disk, tab, or label shall have a 
 88.6   number that shall be recorded on all paperwork regarding the 
 88.7   decedent.  This procedure shall be designed to reasonably ensure 
 88.8   that the proper body is cremated and that the cremated remains 
 88.9   are returned to the appropriate party. 
 88.10     Subd. 9.  [CREMATION CHAMBER FOR HUMAN REMAINS.] A 
 88.11  crematory, subject to regulation under this chapter, shall 
 88.12  knowingly cremate only dead human bodies or human remains in a 
 88.13  cremation chamber, along with the cremation container or casket 
 88.14  and a sheet or pouch used for disease control. 
 88.15     Subd. 10.  [CREMATION PROCEDURES; PRIVACY.] The final 
 88.16  disposition of dead human bodies by cremation shall be done in 
 88.17  privacy.  Unless there is written authorization from the person 
 88.18  with the legal right to control the disposition, only authorized 
 88.19  crematory personnel shall be permitted in the cremation area 
 88.20  while any dead human body is in the cremation area awaiting 
 88.21  cremation, in the cremation chamber, being removed from the 
 88.22  cremation chamber, or being processed and placed in a cremated 
 88.23  remains container. 
 88.24     Subd. 11.  [CREMATION PROCEDURES; COMMINGLING OF REMAINS 
 88.25  PROHIBITED.] Except with the express written permission of the 
 88.26  person with legal right to control the disposition, no crematory 
 88.27  shall cremate more than one dead human body at the same time and 
 88.28  in the same cremation chamber, or introduce a second dead human 
 88.29  body into a cremation chamber until reasonable efforts have been 
 88.30  employed to remove all fragments of the preceding cremated 
 88.31  remains, or cremate a dead human body and other human remains at 
 88.32  the same time and in the same cremation chamber.  This section 
 88.33  does not apply where commingling of human remains during 
 88.34  cremation is otherwise provided by law.  The fact that there is 
 88.35  incidental and unavoidable residue in the cremation chamber used 
 88.36  in a prior cremation is not a violation of this provision. 
 89.1      Subd. 12.  [CREMATION PROCEDURES; REMOVAL FROM CREMATION 
 89.2   CHAMBER.] Upon completion of the heat and flame reduction 
 89.3   process, reasonable efforts shall be made to remove from the 
 89.4   cremation chamber all of the recoverable cremated human remains 
 89.5   and noncombustible materials or items.  Insofar as is possible, 
 89.6   the noncombustible materials or items shall be separated from 
 89.7   the cremated human remains and disposed of, in any lawful 
 89.8   manner, by the crematory.  The cremated human remains shall be 
 89.9   placed in an appropriate container to be transported to the 
 89.10  processing area. 
 89.11     Subd. 13.  [CREMATION PROCEDURES; COMMINGLING OF CREMATED 
 89.12  REMAINS PROHIBITED.] Except with the express written permission 
 89.13  of the person with legal right to control the disposition or 
 89.14  otherwise provided by law, no crematory shall mechanically 
 89.15  process the cremated human remains of more than one body at a 
 89.16  time in the same mechanical processor, or introduce the cremated 
 89.17  human remains of a second body into a mechanical processor until 
 89.18  processing of any preceding cremated human remains has been 
 89.19  terminated and reasonable efforts have been employed to remove 
 89.20  all fragments of the preceding cremated remains.  The fact that 
 89.21  there is incidental and unavoidable residue in the mechanical 
 89.22  processor or any container used in a prior cremation is not a 
 89.23  violation of this provision. 
 89.24     Subd. 14.  [CREMATION PROCEDURES; PROCESSING CREMATED 
 89.25  REMAINS.] The cremated human remains shall be reduced by a 
 89.26  motorized mechanical device to a granulated appearance 
 89.27  appropriate for final disposition and placed in a cremated 
 89.28  remains container along with the appropriate identifying disk, 
 89.29  tab, or label. 
 89.30     Subd. 15.  [CREMATION PROCEDURES; CONTAINER OF INSUFFICIENT 
 89.31  CAPACITY.] If a cremated remains container is of insufficient 
 89.32  capacity to accommodate all cremated remains of a given dead 
 89.33  human body, subject to directives provided in the written 
 89.34  authorization to cremate, the crematory shall place the excess 
 89.35  cremated remains in a secondary cremated remains container and 
 89.36  attach the second container, in a manner so as not to be easily 
 90.1   detached through incidental contact, to the primary cremated 
 90.2   remains container.  The secondary container shall contain a 
 90.3   duplicate of the identification disk, tab, or label that was 
 90.4   placed in the primary container and all paperwork regarding the 
 90.5   given body shall include a notation that the cremated remains 
 90.6   were placed in two containers. 
 90.7      Subd. 16.  [DISPOSITION PROCEDURES; COMMINGLING OF CREMATED 
 90.8   REMAINS PROHIBITED.] No cremated remains shall be disposed of or 
 90.9   scattered in a manner or in a location where the cremated 
 90.10  remains are commingled with those of another person without the 
 90.11  express written permission of the person with the legal right to 
 90.12  control disposition or as otherwise provided by law.  This 
 90.13  subdivision does not apply to the burial of cremated remains at 
 90.14  sea from individual containers, to the scattering or burial of 
 90.15  cremated remains in a dedicated cemetery, to the disposal in a 
 90.16  dedicated cemetery of accumulated residue removed from a 
 90.17  cremation chamber or other cremation equipment, to the inurnment 
 90.18  of members of the same family in a common container designed for 
 90.19  the cremated remains of more than one body, or to the inurnment 
 90.20  in a container or interment in a space that has been previously 
 90.21  designated, at the time of sale or purchase, as being intended 
 90.22  for the inurnment or interment of the cremated remains of more 
 90.23  than one person. 
 90.24     Subd. 17.  [CREMATION PROCEDURES; DISPOSITION OF 
 90.25  ACCUMULATED RESIDUE.] Every crematory shall provide for the 
 90.26  removal and disposition in a dedicated cemetery of any 
 90.27  accumulated residue from any cremation chamber, mechanical 
 90.28  processor, container, or other equipment used in cremation. 
 90.29  Disposition of accumulated residue shall be in accord with the 
 90.30  regulations of the dedicated cemetery and any applicable local 
 90.31  ordinances. 
 90.32     Subd. 18.  [CREMATION PROCEDURES; RELEASE OF CREMATED 
 90.33  REMAINS.] Following completion of the cremation, the inurned 
 90.34  cremated remains shall be released according to the instructions 
 90.35  given on the written authorization to cremate.  If the cremated 
 90.36  remains are to be shipped, they must be securely packaged and 
 91.1   transported by a method which has an internal tracing system 
 91.2   available and which provides for a receipt signed by the person 
 91.3   accepting delivery.  Where there is a dispute over release or 
 91.4   disposition of the cremated remains, a crematory may deposit the 
 91.5   cremated remains with a court of competent jurisdiction pending 
 91.6   resolution of the dispute or retain the cremated remains until 
 91.7   the person with the legal right to control disposition presents 
 91.8   satisfactory indication that the dispute is resolved. 
 91.9      Subd. 19.  [UNCLAIMED CREMATED REMAINS.] If, after 30 
 91.10  calendar days following the inurnment, the cremated remains are 
 91.11  not claimed or disposed of according to the written 
 91.12  authorization to cremate, the crematory or funeral establishment 
 91.13  shall give written notice, by certified mail, to the person with 
 91.14  the legal right to control the final disposition or a legal 
 91.15  designee, that the cremated remains are unclaimed and requesting 
 91.16  further release directions.  Should the cremated remains be 
 91.17  unclaimed 120 calendar days following the mailing of the written 
 91.18  notification, the crematory or funeral establishment may dispose 
 91.19  of the cremated remains in any lawful manner deemed appropriate. 
 91.20     Subd. 20.  [REQUIRED RECORDS.] Every crematory shall create 
 91.21  and maintain on its premises or other business location in 
 91.22  Minnesota an accurate record of every cremation provided.  The 
 91.23  record shall include all of the following information for each 
 91.24  cremation: 
 91.25     (1) the name of the person or funeral establishment 
 91.26  delivering the body for cremation; 
 91.27     (2) the name of the deceased and the identification number 
 91.28  assigned to the body; 
 91.29     (3) the date of acceptance of delivery; 
 91.30     (4) the names of the cremation chamber and mechanical 
 91.31  processor operator; 
 91.32     (5) the time and date that the body was placed in and 
 91.33  removed from the cremation chamber; 
 91.34     (6) the time and date that processing and inurnment of the 
 91.35  cremated remains was completed; 
 91.36     (7) the time, date, and manner of release of the cremated 
 92.1   remains; 
 92.2      (8) the name and address of the person who signed the 
 92.3   authorization to cremate; and 
 92.4      (9) all supporting documentation, including, any transit or 
 92.5   disposition permits, a photocopy of the death certificate, and 
 92.6   the authorization to cremate. 
 92.7      Subd. 21.  [RETENTION OF RECORDS.] Records required under 
 92.8   subdivision 20 shall be maintained for a period of three 
 92.9   calendar years after the release of the cremated remains.  
 92.10  Following this period and subject to any other laws requiring 
 92.11  retention of records, the crematory may then place the records 
 92.12  in storage or reduce them to microfilm, microfiche, laser disc, 
 92.13  or any other method that can produce an accurate reproduction of 
 92.14  the original record, for retention for a period of ten calendar 
 92.15  years from the date of release of the cremated remains.  At the 
 92.16  end of this period and subject to any other laws requiring 
 92.17  retention of records, the crematory may destroy the records by 
 92.18  shredding, incineration, or any other manner that protects the 
 92.19  privacy of the individuals identified. 
 92.20     Sec. 42.  [149A.102] [DISINTERMENT AND REINTERMENT.] 
 92.21     Subdivision 1.  [WRITTEN AUTHORIZATION.] Except as provided 
 92.22  in this section, no dead human body or human remains shall be 
 92.23  disinterred and reinterred without the written authorization of 
 92.24  the person or persons legally entitled to control the body or 
 92.25  remains and a disinterment-transit-reinterment permit properly 
 92.26  issued by the local registrar or subregistrar. 
 92.27     Subd. 2.  [INTERMENT DEFINED.] For purposes of this 
 92.28  section, "interment" means final disposition by burial or 
 92.29  entombment.  Bodies held in a receiving vault for nonwinter 
 92.30  burials pursuant to a directive from the person or persons with 
 92.31  legal right to control final disposition and section 306.99 
 92.32  shall not be considered interred for purposes of this section. 
 92.33     Subd. 3.  [EXCEPTION; MOVEMENT WITHIN A DEDICATED 
 92.34  CEMETERY.] The authorities in charge of a cemetery may disinter 
 92.35  and reinter a body or remains within the same dedicated cemetery 
 92.36  upon receipt of the written and notarized authorization of the 
 93.1   person or persons with the right to control the disposition as 
 93.2   described in section 149A.80. 
 93.3      Subd. 4.  [DISINTERMENT PROCEDURE; REMOVAL FROM DEDICATED 
 93.4   CEMETERY.] No dead human body or human remains shall be 
 93.5   disinterred and removed from a dedicated cemetery for 
 93.6   reinterment elsewhere without a written and notarized 
 93.7   authorization from the person or persons with the legal right to 
 93.8   control the disposition and a disinterment-transit-reinterment 
 93.9   permit issued by the local registrar or subregistrar.  The 
 93.10  person or persons requesting the disinterment and reinterment 
 93.11  must obtain a copy of the death certificate showing the manner 
 93.12  and location of final disposition.  The copy of the death 
 93.13  certificate along with written and notarized authorization to 
 93.14  disinter and reinter obtained from the person or persons with 
 93.15  legal right to control the body as expressed in section 149A.80, 
 93.16  and a written and notarized statement of the reasons for 
 93.17  requesting disinterment, the manner in which the body or remains 
 93.18  will be disinterred and transported, the location of 
 93.19  reinterment, and whether there are any known parties who oppose 
 93.20  the disinterment shall be submitted to the registrar or a 
 93.21  subregistrar in the registration district or county where the 
 93.22  body or remains are interred.  If the request for disinterment 
 93.23  is unopposed, the registrar or subregistrar shall issue a 
 93.24  disinterment-transit-reinterment permit.  If the disinterment is 
 93.25  opposed, no permit shall issue until the registrar or 
 93.26  subregistrar receives a certified copy of a court order showing 
 93.27  reasonable cause to disinter.  
 93.28     Subd. 5.  [REASONABLE CAUSE TO DISINTER; FACTORS TO BE 
 93.29  CONSIDERED.] A presumption against removal operates against 
 93.30  anyone who seeks to have a body or remains disinterred.  To 
 93.31  overcome the presumption, the party requesting disinterment must 
 93.32  show reasonable cause for disinterment.  A district court in the 
 93.33  district where the body or remains are interred shall consider 
 93.34  the following factors when deciding whether reasonable cause for 
 93.35  disinterment exists: 
 93.36     (1) the degree of relationship that the party seeking 
 94.1   disinterment bears to the body or remains; 
 94.2      (2) the degree of relationship that the party seeking to 
 94.3   prevent disinterment bears to the body or remains; 
 94.4      (3) if applicable, the expressed wishes of the decedent; 
 94.5      (4) the conduct of the party requesting disinterment, 
 94.6   especially as it may relate to the circumstances of the original 
 94.7   interment; 
 94.8      (5) the conduct of the party opposing disinterment, 
 94.9   especially as it may relate to the circumstances of the original 
 94.10  interment; 
 94.11     (6) the length of time that has elapsed since the original 
 94.12  interment; 
 94.13     (7) the strength of the reasons offered both in favor of 
 94.14  and in opposition to disinterment; and 
 94.15     (8) the integrity and capacity of the party seeking 
 94.16  disinterment to provide a secure and comparable resting place 
 94.17  for the body or remains. 
 94.18     Subd. 6.  [TRANSPORTATION OF DISINTERRED BODIES.] All 
 94.19  disinterred bodies or remains removed from a dedicated cemetery 
 94.20  shall be transported in an appropriate container and manner. 
 94.21     Subd. 7.  [FILING OF DOCUMENTATION OF DISINTERMENT AND 
 94.22  REINTERMENT.] The cemetery where the body or remains were 
 94.23  originally interred shall retain a copy of the disinterment 
 94.24  transit reinterment permit, the authorization to disinter, the 
 94.25  death certificate, and, if applicable, the court order showing 
 94.26  reasonable cause to disinter.  Until the body or remains are 
 94.27  reinterred the original permit and other documentation shall be 
 94.28  in the possession of the person in physical or legal custody of 
 94.29  the body or remains, or attached to the transportation container 
 94.30  which holds the body or remains.  At the time of reinterment, 
 94.31  the permit and other documentation shall be filed according to 
 94.32  the laws, rules, or regulations of the state or country where 
 94.33  reinterment occurs.  Where the body or remains are to be removed 
 94.34  from a dedicated cemetery for reinterment elsewhere, the 
 94.35  authority issuing the disinterment-transit-reinterment permit 
 94.36  shall forward a photocopy of the issued permit to the state 
 95.1   registrar to be filed with the original death certificate. 
 95.2      Subd. 8.  [OPENING OF DISINTERRED CASKETS OR ALTERNATIVE 
 95.3   CONTAINERS.] The opening of any disinterred casket or 
 95.4   alternative container is prohibited except when so ordered by a 
 95.5   court of competent jurisdiction. 
 95.6      Subd. 9.  [CREMATED REMAINS.] Subject to section 149A.101, 
 95.7   subdivision 16, inurnment of the cremated remains and release to 
 95.8   an appropriate party is considered final disposition and no 
 95.9   further permits or authorizations are required for disinterment, 
 95.10  transportation, or placement of the cremated remains. 
 95.11     Subd. 10.  [PENALTY FOR NONCOMPLIANCE.] In addition to any 
 95.12  disciplinary action or measures taken by the commissioner 
 95.13  pursuant to this chapter, any person violating the requirements 
 95.14  of this section may be guilty of a felony pursuant to section 
 95.15  307.08, subdivision 2. 
 95.16     Sec. 43.  [149A.110] [PRENEED ARRANGEMENTS.] 
 95.17     Subdivision 1.  [PURPOSE AND INTENT.] It is the intent of 
 95.18  the legislature that this section be construed as a limitation 
 95.19  upon the manner in which a funeral provider is permitted to 
 95.20  accept funds in prepayment of funeral services to be performed 
 95.21  in the future or in prepayment of funeral or burial goods to be 
 95.22  used in connection with the final disposition of human remains.  
 95.23  It is further intended to allow members of the public to arrange 
 95.24  and pay for funerals, funeral services, funeral or burial goods, 
 95.25  or final dispositions for themselves and their families in 
 95.26  advance of need while at the same time providing all possible 
 95.27  safeguards so that the prepaid funds cannot be dissipated, 
 95.28  whether intentionally or not, so as to be available for the 
 95.29  payment of the services and goods selected. 
 95.30     Subd. 2.  [SCOPE AND REQUIREMENTS.] This section shall not 
 95.31  apply to any funeral goods purchased and delivered, either at 
 95.32  purchase or within a commercially reasonable amount of time 
 95.33  thereafter.  When prior to the death of any person, that person 
 95.34  or another, on behalf of that person, enters into any 
 95.35  transaction, makes a contract, or any series or combination of 
 95.36  transactions or contracts with a funeral provider lawfully doing 
 96.1   business in Minnesota, other than an insurance company licensed 
 96.2   to do business in Minnesota selling approved insurance or 
 96.3   annuity products, by the terms of which, goods or services 
 96.4   related to the final disposition of that person will be 
 96.5   furnished at-need, then the total of all money paid by the terms 
 96.6   of the transaction, contract, or series or combination of 
 96.7   transactions or contracts shall be held in trust for the purpose 
 96.8   for which it has been paid.  The person for whose benefit the 
 96.9   money was paid shall be known as the beneficiary, the person or 
 96.10  persons who paid the money shall be known as the purchaser, and 
 96.11  the funeral provider shall be known as the depositor. 
 96.12     Subd. 3.  [NATURE OF TRUST.] Except as provided in this 
 96.13  section, nothing in this section shall abate the rights, duties, 
 96.14  and powers granted under chapters 501B and 520.  A trust created 
 96.15  for the holding of preneed arrangement funds shall be revocable, 
 96.16  in its entirety, unless specifically limited by the person 
 96.17  purchasing the preneed funeral goods and or services.  If the 
 96.18  purchaser chooses to limit the revocability of the trust funds, 
 96.19  the limitation must be declared in the trust instrument.  Except 
 96.20  as otherwise provided by law, the irrevocability of the funds, 
 96.21  principal and accrued interest, shall not be limited provided 
 96.22  that an itemized statement of goods and services selected is 
 96.23  made part of the trust agreement and the funds deposited are 
 96.24  equal to but do not exceed the at-purchase value of the goods 
 96.25  and services selected.  
 96.26     Subd. 4.  [FREEDOM OF CHOICE; DESIGNATION OF TRUSTEE.] The 
 96.27  purchaser, regardless of whether the funds held in trust are 
 96.28  designated revocable or irrevocable, retains the right to 
 96.29  designate the trustee.  At any time prior to the death of the 
 96.30  beneficiary, the purchaser may designate a different trustee.  
 96.31  Upon the death of the beneficiary, subject to section 149A.80, 
 96.32  the rights of the purchaser vest in the individual with the 
 96.33  legal right to control the disposition of the remains of the 
 96.34  beneficiary.  The depositor as trustee shall not have the right 
 96.35  or power to designate another trustee prior to the death of the 
 96.36  beneficiary or subsequent to such death. 
 97.1      Subd. 5.  [DEPOSIT OF TRUST FUNDS AND DISCLOSURES.] Within 
 97.2   15 calendar days after receipt of any money required to be held 
 97.3   in trust, all of the money must be deposited in a banking 
 97.4   institution, savings or building and loan association, or credit 
 97.5   union, organized under the laws of any state or of the United 
 97.6   States of America, the accounts of which are insured by an 
 97.7   instrumentality of the federal government.  The money must be 
 97.8   carried in a separate account with the name of the depositor and 
 97.9   the purchaser as trustees for the beneficiary.  The depositor as 
 97.10  trustee shall not have power to distribute funds, either 
 97.11  principal or interest, from the account until the death of the 
 97.12  beneficiary, subject to section 149A.80.  For purposes of this 
 97.13  section, distribute does not mean transferring the trust funds 
 97.14  to different investment accounts within an institution or 
 97.15  between institutions provided that the depositor as trustee does 
 97.16  not have sole access to the funds in a negotiable form.  This 
 97.17  section shall be construed to limit the depositor's access to 
 97.18  trust funds, in a negotiable form, prior to the death of a 
 97.19  beneficiary.  The preneed arrangements trust shall be considered 
 97.20  an asset of the purchaser until the death of the beneficiary, 
 97.21  whereupon the money shall be considered an asset of the estate 
 97.22  of the beneficiary, to the extent that the value of the trust 
 97.23  exceeds the actual value for the goods and services provided 
 97.24  at-need.  The location of the trust account including the name 
 97.25  and address of the institution in which the money is being held 
 97.26  and any identifying account numbers must be disclosed in writing 
 97.27  to the beneficiary by the depositor as trustee at the time the 
 97.28  money is deposited and when there are any subsequent changes to 
 97.29  the location of the trust account. 
 97.30     Subd. 6.  [DISBURSEMENT OF TRUST FUNDS.] The funds held in 
 97.31  trust, principal and accrued interest, may be distributed prior 
 97.32  to the death of the beneficiary upon demand by the purchaser, to 
 97.33  the extent that the trust is designated revocable.  At the death 
 97.34  of the beneficiary and with satisfactory proof of death provided 
 97.35  to the institution holding the trust funds, the funds, principal 
 97.36  and accrued interest, may be distributed by either the depositor 
 98.1   as trustee or the purchaser as trustee, subject to section 
 98.2   149A.80.  The funds shall be distributed in their entirety, with 
 98.3   no fees to be retained by the trustees as administrative fees.  
 98.4   The funds shall be distributed for the payment of the actual 
 98.5   at-need value of the funeral goods and/or services selected with 
 98.6   any excess funds distributed to the estate of the decedent. 
 98.7      Subd. 7.  [REPORTS TO COMMISSIONER.] Every funeral provider 
 98.8   lawfully doing business in Minnesota that accepts funds under 
 98.9   subdivision 2 must make a complete annual report to the 
 98.10  commissioner of health.  The reports may be on forms provided by 
 98.11  the commissioner or substantially similar forms containing, at 
 98.12  least, identification and the state of each trust account, 
 98.13  including all transactions involving principal and accrued 
 98.14  interest, and must be filed by March 31 of the calendar year 
 98.15  following the reporting year along with a filing fee of $15 for 
 98.16  each report.  Fees shall be paid to the treasurer, state of 
 98.17  Minnesota, for deposit in the state government special revenue 
 98.18  fund in the state treasury.  Reports must be signed by an 
 98.19  authorized representative of the funeral provider and notarized 
 98.20  under oath.  All reports to the commissioner shall be reviewed 
 98.21  for account inaccuracies or possible violations of this 
 98.22  section.  If the commissioner has a reasonable belief to suspect 
 98.23  that there are account irregularities or possible violations of 
 98.24  this section, the commissioner shall report that belief, in a 
 98.25  timely manner, to the state auditor.  The commissioner shall 
 98.26  also file an annual letter with the state auditor disclosing 
 98.27  whether or not any irregularities or possible violations were 
 98.28  detected in review of the annual trust fund reports filed by the 
 98.29  funeral providers.  This letter shall be filed with the state 
 98.30  auditor by May 31 of the calendar year following the reporting 
 98.31  year. 
 98.32     Subd. 8.  [INVESTIGATIONS BY STATE AUDITOR.] Upon 
 98.33  notification from the commissioner or a county auditor of 
 98.34  account irregularities or possible violations of this section, 
 98.35  the state auditor shall make an independent determination of 
 98.36  whether a violation of this section has occurred or may occur.  
 99.1   If the state auditor finds evidence, the state auditor shall 
 99.2   conduct an independent audit of the funeral provider in 
 99.3   accordance with generally accepted auditing standards and shall 
 99.4   inform the commissioner and any other appropriate agencies of 
 99.5   any finding of misconduct.  The subject of the audit shall 
 99.6   reimburse the state auditor for all expenses incurred by the 
 99.7   auditor in conducting the audit within 30 calendar days after 
 99.8   the state auditor submits a request for reimbursement of 
 99.9   expenses to the subject of the audit.  Interest, at the rate 
 99.10  established in section 549.09, shall accrue on the outstanding 
 99.11  balance due starting on the 31st calendar day after the 
 99.12  submission of the request for reimbursement of expenses. 
 99.13     Subd. 9.  [REQUIRED RECORDS.] Every funeral provider 
 99.14  lawfully doing business in Minnesota that accepts funds under 
 99.15  subdivision 2 must create and maintain on its premises or other 
 99.16  business location in Minnesota an accurate record of every trust 
 99.17  fund established with the funeral provider as trustee.  The 
 99.18  record must contain the following information: 
 99.19     (1) the names of the purchaser, beneficiary, and depositor; 
 99.20     (2) the date, location, identifying account numbers, and 
 99.21  amount of the funds originally deposited; 
 99.22     (3) any subsequent changes to the location of the account, 
 99.23  identifying account number, or trustee designation; 
 99.24     (4) the date, amount, and payee of any distributions from 
 99.25  the account; and 
 99.26     (5) all supporting documentation, including a copy of the 
 99.27  original trust agreement, copies of any contracts for the 
 99.28  purchase of preneed funeral goods and services, and any other 
 99.29  appropriate documentation. 
 99.30     Subd. 10.  [RETENTION OF RECORDS.] Records required under 
 99.31  subdivision 9 shall be maintained for a period of three calendar 
 99.32  years after the release of the trust funds.  Following this 
 99.33  period and subject to any other laws requiring retention of 
 99.34  records, the funeral provider may then place the records in 
 99.35  storage or reduce them to microfilm, microfiche, laser disc, or 
 99.36  any other method that can produce an accurate reproduction of