2000 Minnesota Statutes

CHAPTER 149A. Mortuary science; disposition of dead bodies

     149A.01 Purpose and scope. 

    Subdivision 1.    Purpose.  This chapter regulates the 
 removal, preparation, transportation, arrangements for 
 disposition, and final disposition of dead human bodies for 
 purposes of public health and protection of the public. 

    Subd. 2.    Scope.  In Minnesota no person shall, 
 without being licensed by the commissioner of health: 

    (1) take charge of, remove from the place of death, or 
 transport a dead human body; 

    (2) prepare a dead human body for final disposition, in any 
 manner; or 

    (3) arrange, direct, or supervise a funeral, memorial 
 service, or graveside service. 

    Subd. 3.    Exceptions to licensure.  (a) Except as 
 otherwise provided in this chapter, nothing in this chapter 
 shall in any way interfere with the duties of: 

    (1) an officer of any public institution; 

    (2) an officer of a medical college, county medical 
 society, anatomical association, or accredited college of 
 mortuary science; 

    (3) a donee of an anatomical gift; 

    (4) a person engaged in the performance of duties 
 prescribed by law relating to the conditions under which 
 unclaimed dead human bodies are held subject to anatomical 
 study; 

    (5) authorized personnel from a licensed ambulance service 
 in the performance of their duties; 

    (6) licensed medical personnel in the performance of their 
 duties; or 

    (7) the coroner or medical examiner in the performance of 
 the duties of their offices. 

    (b) This chapter does not apply to or interfere with the 
 customs or rites of any culture or recognized religion in the 
 final disposition of their dead, to the extent that the 
 provisions of this chapter are inconsistent with the customs or 
 rites. 

    (c) Noncompensated persons related by blood, adoption, or 
 marriage to a decedent who chose to remove a body of a decedent 
 from the place of death, transport the body, prepare the body 
 for disposition, except embalming, or arrange for final 
 disposition of the body are not required to be licensed, 
 provided that all actions are in compliance with this chapter. 

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

    (e) Persons serving internships pursuant to section 
 149A.20, subdivision 6, or students officially registered for a 
 practicum through an accredited college or university or a 
 college of funeral service education accredited by the American 
 Board of Funeral Service Education are not required to be 
 licensed, provided that the persons or students act under the 
 direct and exclusive supervision of a person holding a current 
 license to practice mortuary science in Minnesota. 

    (f) Notwithstanding this subdivision, nothing in this 
 section shall be construed to prohibit an institution or entity 
 from establishing, implementing, or enforcing a policy that 
 permits only persons licensed by the commissioner to remove or 
 cause to be removed a dead body or body part from the 
 institution or entity. 

    HIST: 1997 c 215 s 5 

     149A.02 Definitions. 

    Subdivision 1.    Scope.  For purposes of this chapter, 
 the terms defined in this section have the meanings given them. 

    Subd. 2.    Alternative container.  "Alternative 
 container" means a nonmetal receptacle or enclosure, without 
 ornamentation or a fixed interior lining, which is designed for 
 the encasement of dead human bodies and is made of fiberboard, 
 pressed-wood, composition materials, with or without an outside 
 covering, or other like materials. 

    Subd. 3.    Arrangements for disposition.  "Arrangements 
 for disposition" means any action normally taken by a funeral 
 provider in anticipation of or preparation for the entombment, 
 burial in a cemetery, or cremation of a dead human body. 

    Subd. 3a.    Burial site goods.  "Burial site goods" 
 means any goods sold or offered for sale or rental directly to 
 the public for use in connection with the final disposition of a 
 dead human body. 

    Subd. 3b.    Burial site services.  "Burial site 
 services" means any services sold or offered for sale directly 
 to the public for use in connection with the final disposition 
 of a dead human body. 

    Subd. 4.    Cash advance item.  "Cash advance item" 
 means any item of service or merchandise described to a 
 purchaser as a "cash advance," "accommodation," "cash 
 disbursement," or similar term.  A cash advance item is also any 
 item obtained from a third party and paid for by the funeral 
 provider on the purchaser's behalf.  Cash advance items include, 
 but are not limited to, cemetery or crematory services, 
 pallbearers, public transportation, clergy honoraria, flowers, 
 musicians or singers, obituary notices, gratuities, and death 
 certificates. 

    Subd. 5.    Casket.  "Casket" means a rigid container 
 which is designed for the encasement of a dead human body and is 
 usually constructed of wood, metal, fiberglass, plastic, or like 
 material, and ornamented and lined with fabric. 

    Subd. 6.    Commissioner.  "Commissioner" means the 
 Minnesota commissioner of health. 

    Subd. 7.    Cremated remains.  "Cremated remains" means 
 the postcremation remains of a dead human body. 

    Subd. 8.    Cremated remains container.  "Cremated 
 remains container" means a receptacle in which postcremation 
 remains are placed. 

    Subd. 9.    Cremation.  "Cremation" means the reduction 
 of a dead human body to essential elements through direct 
 exposure to intense heat and flame and the repositioning or 
 movement of the body during the process to facilitate reduction, 
 the processing of the remains after removal from the cremation 
 chamber, placement of the processed remains in a cremated 
 remains container, and release of the cremated remains to an 
 appropriate party. 

    Subd. 10.    Cremation chamber.  "Cremation chamber" 
 means the enclosed space within which the cremation of a dead 
 human body is performed. 

    Subd. 11.    Cremation container.  "Cremation container" 
 means a combustible, closed container resistant to the leakage 
 of bodily fluids into which a dead human body is placed prior to 
 insertion into a cremation chamber for cremation. 

    Subd. 12.    Crematory.  "Crematory" means a building or 
 structure containing one or more cremation chambers or retorts 
 for the cremation of dead human bodies or any person that 
 performs cremations. 

    Subd. 13.    Direct cremation.  "Direct cremation" means 
 a disposition of a dead human body by cremation, without formal 
 viewing, visitation, or ceremony with the body present. 

    Subd. 14.    Disciplinary action.  "Disciplinary action" 
 means any action taken by the commissioner against any person 
 subject to regulation under this chapter for the violation of or 
 the threatened violation of any law, rule, order, stipulation 
 agreement, settlement, compliance agreement, license, or permit 
 adopted, issued, or enforced by the commissioner. 

    Subd. 15.    Embalming.  "Embalming" means the process 
 of disinfecting and preserving a dead human body by chemically 
 treating the body to reduce the presence and growth of 
 organisms, to retard organic decomposition, and to restore an 
 acceptable physical appearance. 

    Subd. 16.    Final disposition.  "Final disposition" 
 means the entombment, burial in a cemetery, or cremation of a 
 dead human body. 

    Subd. 17.    Funeral association.  "Funeral association" 
 means a cooperative association that sells or offers to sell 
 funeral goods or services to its members. 

    Subd. 18.    Funeral ceremony.  "Funeral ceremony" means 
 a service or rite commemorating the deceased with the body 
 present. 

    Subd. 19.    Funeral director.  "Funeral director" means 
 any person who, for compensation, arranges, directs, or 
 supervises funerals, memorial services, or graveside services, 
 or engages in the business or practice of preparing dead human 
 bodies for final disposition by means other than embalming. 

    Subd. 20.    Funeral establishment.  "Funeral 
 establishment" means any place or premise devoted to or used in 
 the holding, care, or preparation of a dead human body for final 
 disposition or any place used as the office or place of business 
 of any person that provides funeral goods or services to the 
 public. 

    Subd. 21.    Funeral goods.  "Funeral goods" means the 
 goods which are sold or offered for sale directly to the public 
 for use in connection with funeral services. 

    Subd. 22.    Funeral provider.  "Funeral provider" means 
 any person that sells or offers to sell funeral goods, funeral 
 services, burial site goods, or burial site services to the 
 public.  "Funeral provider" does not include monument builders 
 who sell and install markers and headstones, with or without 
 foundations, at retail to the public, but do not sell any other 
 funeral good, funeral service, burial good, or burial site 
 service. 

    Subd. 23.    Funeral services.  "Funeral services" means 
 any services which may be used to:  (1) care for and prepare 
 dead human bodies for burial, cremation, or other final 
 disposition; and (2) arrange, supervise, or conduct the funeral 
 ceremony or the final disposition of dead human bodies. 

    Subd. 24.    Graveside service.  "Graveside service" 
 means a service or rite, conducted at the place of interment, 
 commemorating the deceased with the body present. 

    Subd. 25.    Immediate burial.  "Immediate burial" means 
 a disposition of a dead human body by burial, without formal 
 viewing, visitation, or ceremony with the body present, except 
 for a graveside service. 

    Subd. 26.    Intern.  "Intern" means an individual that 
 has met the educational and testing requirements for a license 
 to practice mortuary science in Minnesota, has registered with 
 the commissioner of health, and is engaged in the practice of 
 mortuary science under the direction and supervision of a 
 currently licensed Minnesota mortuary science practitioner. 

    Subd. 27.    Licensee.  "Licensee" means any person that 
 has been issued a license to practice mortuary science, to 
 operate a funeral establishment, or to operate a crematory by 
 the Minnesota commissioner of health. 

    Subd. 28.    Memorial service.  "Memorial service" means 
 a ceremony or rite commemorating the deceased without the body 
 present. 

    Subd. 29.    Mortician.  "Mortician" means any person 
 who, for compensation, practices the art of embalming and 
 arranges, directs, or supervises funerals, memorial services, or 
 graveside services, or engages in the business or practice of 
 preparing dead human bodies for final disposition. 

    Subd. 30.    Mortuary science.  "Mortuary science" means 
 the study and practice of preparing dead human bodies for final 
 disposition and providing funeral services.  Mortuary science 
 includes any conduct or action associated with the removal, 
 preparation, transportation, arrangements for disposition, or 
 final disposition of dead human bodies, including the actions 
 and duties of a mortician or a funeral director. 

    Subd. 31.    Outer burial container.  "Outer burial 
 container" means any container which is designed for placement 
 in the grave around a casket or alternative container including, 
 but not limited to, containers commonly known as burial vaults, 
 grave boxes, and grave liners. 

    Subd. 32.    Person.  "Person" means an individual or a 
 firm, corporation, limited liability company, partnership, 
 association, or other legal entity. 

    Subd. 33.    Practicum student.  "Practicum student" 
 means a person officially registered for a practicum through an 
 accredited college or university or a college of funeral service 
 education accredited by the American Board of Funeral Service 
 Education. 

    Subd. 33a.    Preneed consumer.  "Preneed consumer" 
 means an individual who arranges for funeral goods, funeral 
 services, burial site goods, or burial site services prior to 
 the death of that individual or another individual, and who 
 funds those goods or services through prepayment to a funeral 
 provider or through purchase of an insurance policy. 

    Subd. 34.    Preparation of the body.  "Preparation of 
 the body" means embalming of the body or such items of care as 
 washing, disinfecting, shaving, positioning of features, 
 restorative procedures, care of hair, application of cosmetics, 
 dressing, and casketing. 

    Subd. 35.    Processing.  "Processing" means the removal 
 of foreign objects and the reduction of the cremated remains by 
 mechanical means including, but not limited to, grinding, 
 crushing, or pulverizing, to a granulated appearance appropriate 
 for final disposition. 

    Subd. 36.    Professional services.  "Professional 
 services" means the basic services of the funeral director or 
 mortician and staff that are furnished by the funeral provider 
 in arranging final disposition.  The services include, but are 
 not limited to, conducting the arrangement conference; planning 
 visitations and the funeral, memorial service, or graveside 
 service; arranging for final disposition by securing, preparing, 
 and filing necessary permits and documents; and placing obituary 
 notices. 

    Subd. 37.    Public transportation.  "Public 
 transportation" means all manner of transportation via common 
 carrier available to the general public including airlines, 
 buses, railroads, and ships.  For purposes of this chapter, a 
 livery service providing transportation to private funeral 
 establishments or crematories is not public transportation. 

    Subd. 38.    Transportation costs.  "Transportation 
 costs" means all costs associated with the use of the vehicle 
 used for the initial transfer of the deceased, the funeral 
 coach, funeral sedans, the flower car, any service or utility 
 vehicles, and public transportation. 

    Subd. 39.    Universal precautions.  "Universal 
 precautions" means the universal blood and body fluid 
 precautions recommended by the United States Public Health 
 Service, Centers for Disease Control, to prevent transmission of 
 blood borne and body fluid borne infectious diseases. 

    Subd. 40.    Use of facilities.  "Use of facilities" 
 means the provision of a chapel or room for visitation, 
 provision of a chapel or room for the funeral or memorial 
 service, provision of facilities for parking, or provision of 
 office space for administrative or planning purposes. 

    HIST: 1997 c 215 s 6; 2000 c 438 s 1-4 

     149A.03 Duties of commissioner. 

    The commissioner shall: 

    (1) enforce all laws and adopt and enforce rules relating 
 to the: 

    (i) removal, preparation, transportation, arrangements for 
 disposition, and final disposition of dead human bodies; 

    (ii) licensure and professional conduct of funeral 
 directors, morticians, and interns; 

    (iii) licensing and operation of a funeral establishment; 
 and 

    (iv) licensing and operation of a crematory; 

    (2) provide copies of the requirements for licensure and 
 permits to all applicants; 

    (3) administer examinations and issue licenses and permits 
 to qualified persons and other legal entities; 

    (4) maintain a record of the name and location of all 
 current licensees and interns; 

    (5) perform periodic compliance reviews and premise 
 inspections of licensees; 

    (6) accept and investigate complaints relating to conduct 
 governed by this chapter; 

    (7) maintain a record of all current preneed arrangement 
 trust accounts; 

    (8) maintain a schedule of application, examination, 
 permit, and licensure fees, initial and renewal, sufficient to 
 cover all necessary operating expenses; 

    (9) educate the public about the existence and content of 
 the laws and rules for mortuary science licensing and the 
 removal, preparation, transportation, arrangements for 
 disposition, and final disposition of dead human bodies to 
 enable consumers to file complaints against licensees and others 
 who may have violated those laws or rules; 

    (10) evaluate the laws, rules, and procedures regulating 
 the practice of mortuary science in order to refine the 
 standards for licensing and to improve the regulatory and 
 enforcement methods used; and 

    (11) initiate proceedings to address and remedy 
 deficiencies and inconsistencies in the laws, rules, or 
 procedures governing the practice of mortuary science and the 
 removal, preparation, transportation, arrangements for 
 disposition, and final disposition of dead human bodies. 

    HIST: 1997 c 215 s 7 

     149A.04 Enforcement. 

    Subdivision 1.    General authority.  The provisions of 
 this chapter and all laws, now in force or later enacted, rules, 
 orders, stipulation agreements, settlements, compliance 
 agreements, licenses, and permits adopted or issued for the 
 regulation of the removal, preparation, transportation, 
 arrangements for disposition, or final disposition of dead human 
 bodies or for the regulation of the practice of mortuary science 
 may be enforced under this section. 

    Subd. 2.    Inspections.  The commissioner or a designee 
 of the commissioner shall conduct initial licensure inspections 
 and corrective order reinspections.  As a condition of continued 
 licensure, compliance reviews or premises inspections of 
 licensees shall be conducted by the commissioner or a designee 
 of the commissioner at least biennially.  A compliance review or 
 an inspection of the premises of any person subject to 
 regulation under this chapter may also be conducted when the 
 commissioner reasonably suspects that there may be a violation 
 or a threat of a violation of any law now in force or later 
 enacted, rule, order, stipulation agreement, settlement, 
 compliance agreement, license, or permit issued by the 
 commissioner.  When possible, all inspections and compliance 
 reviews shall be conducted without prior notice to the subject 
 of the inspection or review and shall be performed in the 
 presence of the subject of the inspection or review or an 
 authorized representative of the subject of the inspection or 
 review. 

    Subd. 3.    Access to information and property.  The 
 commissioner or a designee of the commissioner, upon 
 presentation of credentials, may: 

    (1) examine and copy any relevant books, papers, records, 
 memoranda, or data of any person subject to regulation under 
 this chapter; and 

    (2) enter upon any property, public or private, for the 
 purpose of taking any action authorized under this chapter or 
 rules, orders, stipulation agreements, settlements, compliance 
 agreements, licenses, or permits adopted or issued by the 
 commissioner, including obtaining information from a person that 
 has a duty to provide information under this chapter or 
 conducting inspections or investigations. 

    Subd. 4.    Subpoena power.  The commissioner may, as 
 part of an investigation, issue subpoenas to require the 
 attendance and testimony of witnesses and production of books, 
 records, correspondence, and other information relevant to any 
 matter involved in the investigation.  The commissioner or the 
 commissioner's designee may administer oaths to witnesses or 
 take their affirmation.  The subpoenas may be served upon any 
 person named therein anywhere in the state by any person 
 authorized to serve subpoenas or other processes in civil 
 actions of the district courts.  If a person to whom a subpoena 
 is issued does not comply with the subpoena, the commissioner 
 may apply to the district court in any district and the court 
 may order compliance with the subpoena.  Failure to obey the 
 order of the court may be punished as contempt of court. 

    Subd. 5.    Data on investigations and disciplinary 
 actions.  Data relating to any disciplinary measures or 
 actions anticipated or taken by the commissioner are classified 
 as follows: 

    (1) data on persons other than individuals are civil 
 investigative data under section 13.39; 

    (2) data on individuals are licensing data under section 
 13.41; and 

    (3) data on individuals who submit complaints to the 
 commissioner regarding activities or practices regulated under 
 this chapter are confidential data on individuals while an 
 investigation is active and private data on individuals when an 
 investigation becomes inactive.  

    Subd. 6.    Cooperation with other authorities.  The 
 commissioner shall encourage and promote cooperation between and 
 among other state and federal authorities where there is 
 concurrent or overlapping enforcement or licensing jurisdiction. 

    HIST: 1997 c 215 s 8 

     149A.05 Correction orders. 

    Subdivision 1.    Authorization.  The commissioner may 
 issue correction orders that require a person subject to 
 regulation under this chapter to correct violations of this 
 chapter or rules, orders, stipulation agreements, settlements, 
 compliance agreements, licenses, and permits adopted or issued 
 by the commissioner. 

    Subd. 2.    Contents of order.  The correction order 
 must include: 

    (1) a concise statement of the deficiencies alleged to 
 constitute the violation; 

    (2) a reference to the section of law, rule, order, 
 stipulation agreement, settlement, compliance agreement, 
 license, or permit that has been violated; 

    (3) a statement of the time by and the manner in which the 
 violation must be corrected; and 

    (4) a statement of the right to request a hearing under 
 sections 14.57 to 14.62. 

    Subd. 3.    Request for hearing; hearing; and final order. 
  A request for hearing must be in writing, delivered to the 
 commissioner by certified mail within 20 calendar days after the 
 receipt of the correction order, and specifically state the 
 reasons for seeking review of the order.  The commissioner must 
 initiate a hearing within 30 calendar days from the date of 
 receipt of the written request for hearing.  The hearing shall 
 be conducted pursuant to the contested case procedures in 
 sections 14.57 to 14.62.  No earlier than ten calendar days 
 after and within 30 calendar days of receipt of the presiding 
 administrative law judge's report, the commissioner shall issue 
 a final order modifying, vacating, or making permanent the 
 correction order as the facts require.  If, within 20 calendar 
 days of receipt of the correction order, the person that is the 
 subject of the order fails to request a hearing in writing, the 
 correction order becomes the final order of the commissioner. 

    Subd. 4.    Review of final order.  A judicial review of 
 the final order issued by the commissioner subsequent to a 
 contested case hearing may be requested in the manner prescribed 
 in sections 14.63 to 14.69.  Failure to request a contested case 
 hearing pursuant to subdivision 3 shall constitute a waiver of 
 the right to further agency or judicial review of the final 
 order. 

    Subd. 5.    Reinspections and effect of noncompliance.  
 If upon reinspection, or in the determination of the 
 commissioner, it is found that any deficiency specified in a 
 correction order has not been corrected by the person that is 
 subject to the correction order, that person or entity is in 
 noncompliance.  The commissioner shall issue a notice of 
 noncompliance and may impose any additional remedy available 
 under this chapter. 

    HIST: 1997 c 215 s 9 

     149A.06 Administrative penalty orders. 

    Subdivision 1.    Authorization.  The commissioner may 
 issue an order requiring violations to be corrected and 
 administratively assessing monetary penalties for violations of 
 this chapter or rules, orders, stipulation agreements, 
 settlements, compliance agreements, licenses, and permits 
 adopted, enforced, or issued by the commissioner. 

    Subd. 2.    Contents of order.  An order assessing an 
 administrative penalty under this section must include: 

    (1) a concise statement of the facts alleged to constitute 
 a violation; 

    (2) a reference to the section of law, rule, order, 
 stipulation agreement, settlement, compliance agreement, 
 license, or permit that has been violated; 

    (3) a statement of the amount of the administrative penalty 
 to be imposed and the factors upon which the penalty is based; 
 and 

    (4) a statement of the right to request a hearing pursuant 
 to sections 14.57 to 14.62. 

    Subd. 3.    Concurrent corrective order.  The 
 commissioner may issue an order assessing an administrative 
 penalty and requiring the violations cited in the order to be 
 corrected within 30 calendar days from the date the order is 
 received.  The subject of the order shall provide to the 
 commissioner before the 31st day after the order was received, 
 information demonstrating that the violation has been corrected 
 or that a corrective plan, acceptable to the commissioner, has 
 been developed.  The commissioner shall determine whether the 
 violation has been corrected and notify the subject of the order 
 of the commissioner's determination. 

    Subd. 4.    Penalty.  If the commissioner determines 
 that the violation has been corrected or an acceptable 
 corrective plan has been developed, the penalty may be forgiven, 
 except, where there are repeated or serious violations, the 
 commissioner may issue an order with a penalty that will not be 
 forgiven after corrective action is taken.  Unless there is a 
 request for review of the order under subdivision 6 before the 
 penalty is due, the penalty is due and payable: 

    (1) on the 31st calendar day after the order was received, 
 if the subject of the order fails to provide information to the 
 commissioner showing that the violation has been corrected or 
 that appropriate steps have been taken toward correcting the 
 violation; 

    (2) on the 20th day after the subject of the order receives 
 the commissioner's determination that the information provided 
 is not sufficient to show that the violation has been corrected 
 or that appropriate steps have been taken toward correcting the 
 violation; or 

    (3) on the 31st day after the order was received where the 
 penalty is for repeated or serious violations and according to 
 the order issued, the penalty will not be forgiven after 
 corrective action is taken. 

    All penalties due under this section are payable to the 
 treasurer, state of Minnesota, and shall be credited to the 
 state government special revenue fund in the state treasury. 

    Subd. 5.    Amount of penalty; considerations.  (a) The 
 maximum amount of administrative penalty orders is $10,000 for 
 each specific violation identified in an inspection, 
 investigation, or compliance review.  

    (b) In determining the amount of the administrative 
 penalty, the commissioner shall consider the following: 

    (1) the willfulness of the violation; 

    (2) the gravity of the violation; 

    (3) the history of past violations; 

    (4) the number of violations; 

    (5) the economic benefit gained by the person allowing or 
 committing the violation; and 

    (6) other factors as justice may require, if the 
 commissioner specifically identifies the additional factors in 
 the commissioner's order. 

    (c) In determining the amount of a penalty for a violation 
 subsequent to an initial violation under paragraph (a), the 
 commissioner shall also consider: 

    (1) the similarity of the most recent previous violation 
 and the violation to be penalized; 

    (2) the time elapsed since the last violation; and 

    (3) the response of the subject of the order to the most 
 recent previous violation. 

    Subd. 6.    Request for hearing; hearing; and final order. 
  A request for hearing must be in writing, delivered to the 
 commissioner by certified mail within 20 calendar days after the 
 receipt of the order, and specifically state the reasons for 
 seeking review of the order.  The commissioner must initiate a 
 hearing within 30 calendar days from the date of receipt of the 
 written request for hearing.  The hearing shall be conducted 
 pursuant to the contested case procedures in sections 14.57 to 
 14.62.  No earlier than ten calendar days after and within 30 
 calendar days of receipt of the presiding administrative law 
 judge's report, the commissioner shall, based on all relevant 
 facts, issue a final order modifying, vacating, or making the 
 original order permanent.  If, within 20 calendar days of 
 receipt of the original order, the person that is the subject of 
 the order fails to request a hearing in writing, the order 
 becomes the final order of the commissioner. 

    Subd. 7.    Review of final order and payment of penalty. 
  Once the commissioner issues a final order, any penalty due 
 under that order shall be paid within 30 calendar days after the 
 date of the final order, unless review of the final order is 
 requested.  The final order of the commissioner may be appealed 
 in the manner prescribed in sections 14.63 to 14.69.  If the 
 final order is reviewed and upheld, the penalty shall be paid 30 
 calendar days after the date of the decision of the reviewing 
 court.  Failure to request an administrative hearing pursuant to 
 subdivision 6 shall constitute a waiver of the right to further 
 agency or judicial review of the final order. 

    Subd. 8.    Reinspections and effect of noncompliance.  
 If upon reinspection, or in the determination of the 
 commissioner, it is found that any deficiency specified in the 
 order has not been corrected or an acceptable corrective plan 
 has not been developed, the person that is subject to the order 
 is in noncompliance.  The commissioner shall issue a notice of 
 noncompliance and may impose any additional remedy available 
 under this chapter. 

    Subd. 9.    Enforcement.  The attorney general may 
 proceed on behalf of the commissioner to enforce penalties that 
 are due and payable under this section in any manner provided by 
 law for the collection of debts. 

    Subd. 10.    Revocation; suspension; denial of license; 
 permit; or registration.  Failure to pay penalties owed under 
 this section constitutes grounds for the revocation or 
 suspension of or refusal to reissue a license or permit issued 
 by the commissioner under this chapter. 

    Subd. 11.    Cumulative remedy.  The authority of the 
 commissioner to issue an administrative penalty order is in 
 addition to other lawfully available remedies. 

    Subd. 12.    Mediation.  In addition to review under 
 subdivision 6, the commissioner is authorized to enter into 
 mediation concerning an order issued under this section if the 
 commissioner and the subject of that order agree to mediation. 

    HIST: 1997 c 215 s 10 

     149A.07 Injunctive relief. 

    In addition to any other remedy provided by law, the 
 commissioner may bring an action for injunctive relief in any 
 district court in any district in Minnesota to restrain any 
 person from violation or threatened violation of any law, rule, 
 order, stipulation agreement, settlement, compliance agreement, 
 license, or permit which the commissioner is empowered to 
 enforce, regulate, or issue. 

    HIST: 1997 c 215 s 11 

     149A.08 Cease and desist order. 

    Subdivision 1.    Authorization.  In addition to any 
 other remedy provided by law, the commissioner may issue a cease 
 and desist order to: 

    (1) stop a person from violating or threatening to violate 
 any law, rule, order, stipulation agreement, settlement, 
 compliance agreement, license, or permit which the commissioner 
 is empowered to regulate, enforce, or issue; or 

    (2) prohibit a funeral provider from engaging in the sale 
 of preneed funeral goods, funeral services, burial site goods, 
 or burial site services if the funeral provider has been found 
 in violation of any provision of this chapter. 

    Subd. 2.    Contents of order.  The cease and desist 
 order must be in writing, state the specific reason for its 
 issuance, and give notice of the right to request a hearing 
 under sections 14.57 to 14.62. 

    Subd. 2a.    Sale of preneed goods or services; contents 
 of order, hearing, when effective.  (a) This subdivision 
 applies to cease and desist orders issued pursuant to 
 subdivision 1, clause (2).  

    (b) In addition to the requirements of subdivision 2, a 
 cease and desist order must also specify that the hearing to 
 which the funeral provider has a right occurs, if requested, 
 before the order goes into effect and that a timely request for 
 a hearing automatically stays the cease and desist order.  

    (c) A request for a hearing must be in writing, must be 
 delivered to the commissioner by certified mail within 20 
 calendar days after the funeral provider receives the order, and 
 must specifically state the reasons for seeking review of the 
 order.  If the funeral provider fails to request a hearing in 
 writing within 20 calendar days of receipt of the order, the 
 cease and desist order becomes the final order of the 
 commissioner.  If a funeral provider makes a timely request for 
 a hearing, the cease and desist order is automatically stayed 
 pending the outcome of the hearing.  The commissioner must 
 initiate a hearing within 30 calendar days from the date of 
 receiving the written request for hearing.  The hearing shall be 
 conducted pursuant to sections 14.57 to 14.62.  No earlier than 
 ten calendar days but within 30 calendar days of receiving the 
 presiding administrative law judge's report, the commissioner 
 shall issue a final order modifying, vacating, or making 
 permanent the cease and desist order as the facts require. 

    Subd. 3.    Request for hearing; hearing; and final order. 
  This subdivision applies to cease and desist orders issued 
 pursuant to subdivision 1, clause (1).  A request for hearing 
 must be in writing, delivered to the commissioner by certified 
 mail within 20 calendar days after the receipt of the cease and 
 desist order, and specifically state the reasons for seeking 
 review of the order.  The commissioner must initiate a hearing 
 within 30 calendar days from the date of receipt of the written 
 request for hearing.  The hearing shall be conducted pursuant to 
 sections 14.57 to 14.62.  No earlier than ten calendar days but 
 within 30 calendar days of receipt of the presiding 
 administrative law judge's report, the commissioner shall issue 
 a final order modifying, vacating, or making permanent the cease 
 and desist order as the facts require.  If, within 20 calendar 
 days of receipt of the cease and desist order, the subject of 
 the order fails to request a hearing in writing, the cease and 
 desist order becomes the final order of the commissioner. 

    Subd. 4.    Request for stay.  This subdivision applies 
 to cease and desist orders issued pursuant to subdivision 1, 
 clause (1).  When a request for a stay accompanies a timely 
 hearing request, the commissioner may, in the commissioner's 
 discretion, grant the stay.  If the commissioner does not grant 
 a requested stay, the commissioner shall refer the request to 
 the office of administrative hearings within three working days 
 from the receipt of the request. Within ten calendar days after 
 receiving the request from the commissioner, an administrative 
 law judge shall issue a recommendation to grant or deny the 
 stay.  The commissioner shall grant or deny the stay within five 
 calendar days of receiving the administrative law judge's 
 recommendation. 

    Subd. 5.    Review of final order.  A judicial review of 
 the final order issued by the commissioner may be requested in 
 the manner prescribed in sections 14.63 to 14.69.  Failure to 
 request a hearing pursuant to subdivision 3 shall constitute a 
 waiver of the right to further agency or judicial review of the 
 final order. 

    Subd. 6.    Effect of noncompliance with order.  In the 
 event of noncompliance with the cease and desist order, the 
 commissioner may: 

    (1) institute a proceeding in any district court in any 
 district in Minnesota to obtain injunctive relief; 

    (2) impose an administrative penalty, pursuant to section 
 149A.06, for each separate violation; or 

    (3) revoke, suspend, limit, or condition the license or 
 permit issued to the subject of the cease and desist order. 

    Subd. 7.    Additional remedies.  The issuance of a 
 cease and desist order or injunctive relief does not relieve a 
 person subject to regulation under this chapter from criminal 
 prosecution by a competent authority. 

    HIST: 1997 c 215 s 12; 2000 c 438 s 5-8 

     149A.09 Denial; refusal to reissue; revocation; 
  suspension; limitation of license or permit. 

    Subdivision 1.    Denial; refusal to renew; revocation; 
 and suspension.  The commissioner may deny, refuse to renew, 
 revoke, or suspend any license or permit applied for or issued 
 pursuant to this chapter when the person subject to regulation 
 under this chapter: 

    (1) does not meet or fails to maintain the minimum 
 qualification for holding a license or permit under this 
 chapter; 

    (2) submits false or misleading material information to the 
 commissioner in connection with a license or permit issued by 
 the commissioner or the application for a license or permit; 

    (3) violates any law, rule, order, stipulation agreement, 
 settlement, compliance agreement, license, or permit that 
 regulates the removal, preparation, transportation, arrangements 
 for disposition, or final disposition of dead human bodies in 
 Minnesota or any other state in the United States; 

    (4) is convicted of a crime, including a finding or verdict 
 of guilt, an admission of guilt, or a no contest plea in any 
 court in Minnesota or any other jurisdiction in the United 
 States.  "Conviction," as used in this subdivision, includes a 
 conviction for an offense which, if committed in this state, 
 would be deemed a felony or gross misdemeanor without regard to 
 its designation elsewhere, or a criminal proceeding where a 
 finding or verdict of guilty is made or returned, but the 
 adjudication of guilt is either withheld or not entered; 

    (5) is convicted of a crime, including a finding or verdict 
 of guilt, an admission of guilt, or a no contest plea in any 
 court in Minnesota or any other jurisdiction in the United 
 States that the commissioner determines is reasonably related to 
 the removal, preparation, transportation, arrangements for 
 disposition or final disposition of dead human bodies, or the 
 practice of mortuary science; 

    (6) is adjudicated as mentally incompetent, mentally ill, 
 mentally retarded, or mentally ill and dangerous to the public; 

    (7) has a conservator or guardian appointed; 

    (8) fails to comply with an order issued by the 
 commissioner or fails to pay an administrative penalty imposed 
 by the commissioner; 

    (9) owes uncontested delinquent taxes in the amount of $500 
 or more to the Minnesota department of revenue, or any other 
 governmental agency authorized to collect taxes anywhere in the 
 United States; 

    (10) is in arrears on any court ordered family or child 
 support obligations; or 

    (11) engages in any conduct that, in the determination of 
 the commissioner, is unprofessional as prescribed in section 
 149A.70, subdivision 7, or renders the person unfit to practice 
 mortuary science or to operate a funeral establishment or 
 crematory. 

    Subd. 2.    Hearings related to refusal to renew, 
 suspension, or revocation of license or permit.  If the 
 commissioner proposes to deny renewal, suspend, or revoke a 
 license or permit issued under this chapter, the commissioner 
 must first notify, in writing, the person against whom the 
 action is proposed to be taken and provide an opportunity to 
 request a hearing under the contested case provisions of 
 sections 14.57 to 14.62.  If the subject of the proposed action 
 does not request a hearing by notifying the commissioner, by 
 mail, within 20 calendar days after the receipt of the notice of 
 proposed action, the commissioner may proceed with the action 
 without a hearing and the action will be the final order of the 
 commissioner. 

    Subd. 3.    Review of final order.  A judicial review of 
 the final order issued by the commissioner may be requested in 
 the manner prescribed in sections 14.63 to 14.69.  Failure to 
 request a hearing pursuant to subdivision 2 shall constitute a 
 waiver of the right to further agency or judicial review of the 
 final order. 

    Subd. 4.    Limitations or qualifications placed on 
 license or permit.  The commissioner may, where the facts 
 support such action, place reasonable limitations or 
 qualifications on the right to practice mortuary science or to 
 operate a funeral establishment or crematory. 

    Subd. 5.    Restoring license or permit.  The 
 commissioner may, where there is sufficient reason, restore a 
 license or permit that has been revoked, reduce a period of 
 suspension, or remove limitations or qualifications. 

    HIST: 1997 c 215 s 13 

     149A.10 Additional remedies. 

    Subdivision 1.    Reimbursement of costs.  The 
 commissioner may impose a fee on any person subject to 
 regulation under this chapter to reimburse the department of 
 health for all or part of the cost of contested case proceedings 
 or civil action resulting in disciplinary action, including, but 
 not limited to, the amount paid by the commissioner for services 
 from the office of administrative hearings, attorney fees, court 
 reports, witnesses, reproduction of records, staff time, and 
 other expenses. 

    Subd. 2.    Contested case and civil action; award of fees 
 and expenses.  In a contested case proceeding or a civil 
 action, the prevailing party other than the state, upon a 
 showing that the position of the state was not substantially 
 justified, shall be awarded fees and other expenses pursuant to 
 sections 14.62, subdivision 3; and 15.471 to 15.474. 

    Subd. 3.    Other actions.  The commissioner may take 
 any other lawful action justified by the facts of the case. 

    HIST: 1997 c 215 s 14 

     149A.11 Publication of disciplinary actions. 

    At least annually, the commissioner shall publish and make 
 available to the public a description of all disciplinary 
 measures or actions taken by the commissioner.  The publication 
 shall include, for each disciplinary measure or action taken, 
 the name and business address of the licensee or intern, the 
 nature of the misconduct, and the measure or action taken by the 
 commissioner. 

    HIST: 1997 c 215 s 15 

     149A.20 License to practice mortuary science. 

    Subdivision 1.    License required.  Except as provided 
 in section 149A.01, subdivision 3, any person who takes charge 
 of, removes from the place of death, or transports a dead human 
 body, or prepares a dead human body for final disposition in any 
 manner, or arranges, directs, or supervises a funeral, memorial 
 service, or graveside service must possess a valid license to 
 practice mortuary science issued by the commissioner. 

    Subd. 2.    Effective date.  The requirements in 
 subdivisions 3 to 13 for initial licensure in mortuary science 
 are effective on July 1, 1997, except as provided in this 
 chapter. 

    Subd. 3.    Age requirement.  The person must be at 
 least 21 years of age. 

    Subd. 4.    Educational requirements.  (a) Effective on 
 January 1, 1999, the person shall have: 

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

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

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

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

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

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

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

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

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

    (v) elective areas; 35 quarter hours or 25 semester hours; 
 and 

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

    Subd. 5.    Examinations.  After having met the 
 educational requirements of subdivision 4, a person must attain 
 a passing score on the National Board Examination administered 
 by the Conference of Funeral Service Examining Boards of the 
 United States, Inc. or any other examination that, in the 
 determination of the commissioner, adequately and accurately 
 assesses the knowledge and skills required to practice mortuary 
 science.  In addition, a person must attain a passing score on 
 the state licensing examination administered by or on behalf of 
 the commissioner.  The state examination shall encompass the 
 laws and rules of Minnesota that pertain to the practice of 
 mortuary science.  The commissioner shall make available copies 
 of all pertinent laws and rules prior to administration of the 
 state licensing examination. 

    Subd. 6.    Internship.  (a) A person who attains a 
 passing score on both examinations in subdivision 5 must 
 complete a registered internship under the direct supervision of 
 an individual currently licensed to practice mortuary science in 
 Minnesota.  Interns must file with the commissioner: 

    (1) the appropriate fee; and 

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

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

    Subd. 7.    Application procedure and documentation.  
 After completing the registered internship, the applicant for an 
 initial license to practice mortuary science must submit to the 
 commissioner a complete application and the appropriate fee.  A 
 complete application includes: 

    (1) a completed application form, as provided by the 
 commissioner; 

    (2) proof of age; 

    (3) an official transcript from each post high school 
 educational institution attended, including colleges of funeral 
 service education; 

    (4) certification of a passing score on the National Board 
 Examination from the commissioner of the Conference of Funeral 
 Service Examining Boards of the United States, Inc.; 

    (5) a copy of the notification of a passing score on the 
 state licensing examination; and 

    (6) a signed, dated, and notarized affidavit from the 
 licensee who supervised the Minnesota internship stating the 
 date the internship began and ended and that both the applicant 
 and the supervising licensee fulfilled the requirements under 
 subdivision 6. 

    Upon receipt of the completed application and appropriate 
 fee, the commissioner shall review and verify all information. 
 Upon completion of the verification process and resolution of 
 any deficiencies in the application information, the 
 commissioner shall make a determination, based on all the 
 information available, to grant or deny licensure.  If the 
 commissioner's determination is to grant licensure, the 
 applicant shall be notified and the license shall issue and 
 remain valid for a period prescribed on the license, but not to 
 exceed one calendar year from the date of issuance of the 
 license.  If the commissioner's determination is to deny 
 licensure, the commissioner must notify the applicant, in 
 writing, of the denial and provide the specific reason for the 
 denial. 

    Subd. 8.    Fees.  Fees shall be paid to the treasurer, 
 state of Minnesota, and shall be credited to the state 
 government special revenue fund in the state treasury. 

    Subd. 9.    Period of licensure.  All licenses to 
 practice mortuary science issued by the commissioner shall be 
 valid for one calendar year, beginning on January 1 and ending 
 on December 31 regardless of the date of issuance.  Fees may not 
 be prorated. 

    Subd. 10.    Display of license.  Each license to 
 practice mortuary science must be conspicuously displayed at all 
 times in the holder's place of business.  Conspicuous display 
 means in a location where a member of the general public within 
 the holder's place of business will be able to observe and read 
 the license. 

    Subd. 11.    Nontransferability of license.  A license 
 to practice mortuary science is not assignable or transferable 
 and is not valid for any person other than the individual named. 

    Subd. 12.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 13.    Application information.  All information 
 submitted to the commissioner by an applicant for licensure to 
 practice mortuary science is classified as licensing data under 
 section 13.41, with the exception of the name and address of the 
 applicant.  Upon issuance of a license to practice mortuary 
 science, all application information becomes licensing data 
 under section 13.41, subdivision 4, with the exception of 
 internship case report data as classified under subdivision 6. 

    HIST: 1997 c 215 s 16 

     149A.30 Reciprocal licensing. 

    Subdivision 1.    Licensees of other states.  The 
 commissioner may issue a license to practice mortuary science to 
 a person who holds a current license or other credential from 
 another jurisdiction if the commissioner determines that the 
 requirements for that license or other credential are 
 substantially similar to the requirements under this chapter. 
 The individual seeking reciprocal licensing must: 

    (1) attain a passing score on the Minnesota state licensing 
 examination; 

    (2) submit to the commissioner the documentation described 
 in section 149A.20, subdivision 7, clauses (1) and (5); and 

    (3) pay the appropriate licensing fee. 

    When, in the determination of the commissioner, all of the 
 requirements of this subdivision have been met, the commissioner 
 shall, based on all the information available, grant or deny 
 licensure.  If the commissioner grants licensure, the applicant 
 shall be notified and the license shall issue and remain valid 
 for a period prescribed on the license, but not to exceed one 
 calendar year from the date of issuance of the license.  If the 
 commissioner denies licensure, the commissioner must notify the 
 applicant, in writing, of the denial and provide the specific 
 reason for denial. 

    Subd. 2.    Fees.  Fees shall be paid to the treasurer, 
 state of Minnesota, and shall be credited to the state 
 government special revenue fund in the state treasury. 

    Subd. 3.    Period of licensure.  All reciprocal 
 licenses to practice mortuary science issued by the commissioner 
 shall be valid for one calendar year, beginning on January 1 and 
 ending on December 31 regardless of the date of issuance.  Fees 
 shall not be prorated. 

    Subd. 4.    Display of license.  Each reciprocal license 
 to practice mortuary science must be conspicuously displayed at 
 all times in the holder's place of business.  Conspicuous 
 display means in a location where a member of the general public 
 within the holder's place of business will be able to observe 
 and read the license. 

    Subd. 5.    Nontransferability of license.  A reciprocal 
 license to practice mortuary science is not assignable or 
 transferable and shall not be valid for any person other than 
 the person named. 

    Subd. 6.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 7.    Application information.  All information 
 submitted to the commissioner by an applicant for reciprocal 
 licensure is classified as licensing data under section 13.41, 
 subdivision 2, with the exception of the name and address of the 
 applicant.  Upon issuance of a license to practice mortuary 
 science, all application information becomes licensing data 
 under section 13.41, subdivision 4. 

    HIST: 1997 c 215 s 17 

     149A.40 Renewal of license to practice mortuary science. 

    Subdivision 1.    Renewal request.  All licenses to 
 practice mortuary science issued by the commissioner expire on 
 December 31 of the calendar year in which the license is issued 
 and must be renewed to remain valid. 

    Subd. 2.    Limited license; funeral director only.  Any 
 person who held a funeral director only license on July 31, 
 1957, may renew the license under this section.  Individuals 
 practicing under a funeral director only license issued under 
 this subdivision are prohibited from engaging in the practice of 
 embalming a dead human body. 

    Subd. 3.    Renewal procedure and documentation.  
 Licensees who wish to renew their licenses must submit to the 
 commissioner a completed renewal application and the renewal fee 
 no later than December 31 of the year in which the license was 
 issued.  A completed renewal application includes: 

    (1) a completed renewal application form, as provided by 
 the commissioner; and 

    (2) the appropriate renewal licensing fee. 

    Upon receipt of the completed renewal application and 
 appropriate fee, the commissioner shall review and verify all 
 information.  Upon completion of the verification process and 
 resolution of any deficiencies in the renewal application 
 information, the commissioner shall make a determination, based 
 on all the information available, to reissue or refuse to 
 reissue the license.  If the commissioner's determination is to 
 reissue the license, the applicant shall be notified and the 
 license shall issue and remain valid for a period prescribed on 
 the license, but not to exceed one calendar year from the date 
 of issuance of the license.  If the commissioner's determination 
 is to refuse to reissue the license, section 149A.09, 
 subdivision 2, applies. 

    Subd. 4.    Penalty for late filing.  Renewal 
 applications received after the expiration date of a license 
 shall result in the assessment of a late filing penalty.  The 
 late filing penalty must be paid before the reissuance of the 
 license and received by the commissioner no later than 31 
 calendar days after the expiration date of the license. 

    Subd. 5.    Lapse of license.  A license to practice 
 mortuary science shall automatically lapse when a completed 
 renewal application and renewal fee are not received by the 
 commissioner within 31 calendar days after the expiration date 
 of a license or a late filing penalty assessed under subdivision 
 4 is not received by the commissioner within 31 calendar days 
 after the expiration of a license. 

    Subd. 6.    Effect of lapse of license.  Upon the lapse 
 of a license, the person to whom the license was issued is no 
 longer licensed to practice mortuary science in Minnesota.  The 
 commissioner shall issue a cease and desist order to prevent the 
 individual from engaging in the practice of mortuary science in 
 Minnesota and may pursue any additional lawful remedies as 
 justified by the case. 

    Subd. 7.    Restoration of lapsed license.  The 
 commissioner may restore a lapsed license upon receipt and 
 review of a completed renewal application, renewal fee, and late 
 filing penalty, provided that the receipt is made within one 
 calendar year from the expiration date of the lapsed license and 
 the person has not violated the cease and desist order issued by 
 the commissioner.  If a lapsed license is not restored within 
 one calendar year from the expiration date of the lapsed 
 license, the person to whom the lapsed license was issued cannot 
 be relicensed until the requirements in section 149A.20 are met. 

    Subd. 8.    Renewal fees.  The renewal fees shall be 
 paid to the treasurer, state of Minnesota, and shall be credited 
 to the state government special revenue fund in the state 
 treasury. 

    Subd. 9.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 10.    Application information.  All information 
 submitted to the commissioner by an applicant for renewal of 
 licensure to practice mortuary science is classified as 
 licensing data under section 13.41, subdivision 2, with the 
 exception of the name and address of the applicant.  Upon 
 reissuance of a license to practice mortuary science, all 
 application information becomes licensing data under section 
 13.41, subdivision 4. 

    Subd. 11.    Continuing education.  The commissioner 
 may, upon presentation of an appropriate program of continuing 
 education developed by the Minnesota Funeral Directors 
 Association, require continuing education hours for renewal of a 
 license to practice mortuary science. 

    HIST: 1997 c 215 s 18 

     149A.50 License to operate a funeral establishment. 

    Subdivision 1.    License required.  Except as provided 
 in section 149A.01, subdivision 3, no person shall maintain, 
 manage, or operate a place or premise devoted to or used in the 
 holding, care, or preparation of a dead human body for final 
 disposition, or any place used as the office or place of 
 business for the provision of funeral services, without 
 possessing a valid license to operate a funeral establishment 
 issued by the commissioner of health. 

    Subd. 2.    Requirements for funeral establishment.  A 
 funeral establishment licensed under this section must contain: 

    (1) a preparation and embalming room as described in 
 section 149A.92; and 

    (2) office space for making arrangements. 

    Subd. 3.    Application; procedure; documentation; initial 
 inspection.  An applicant for a license to operate a funeral 
 establishment shall submit to the commissioner a completed 
 application and the appropriate fees.  A completed application 
 includes: 

    (1) a completed application form, as provided by the 
 commissioner; 

    (2) proof of business form and ownership; and 

    (3) proof of liability insurance coverage or other 
 financial documentation, as determined by the commissioner, that 
 demonstrates the applicant's ability to respond in damages for 
 liability arising from the ownership, maintenance, management, 
 or operation of a funeral establishment. 

    Upon receipt of the application and appropriate fee, the 
 commissioner shall review and verify all information.  Upon 
 completion of the verification process and resolution of any 
 deficiencies in the application information, the commissioner 
 shall conduct an initial inspection of the premises to be 
 licensed.  After the inspection and resolution of any 
 deficiencies found, and any reinspections as may be necessary, 
 the commissioner shall make a determination, based on all the 
 information available, to grant or deny licensure.  If the 
 commissioner's determination is to grant the license, the 
 applicant shall be notified and the license shall issue and 
 remain valid for a period prescribed on the license, but not to 
 exceed one calendar year from the date of issuance of the 
 license.  If the commissioner's determination is to deny the 
 license, the commissioner must notify the applicant, in writing, 
 of the denial and provide the specific reason for denial. 

    Subd. 4.    Nontransferability of license.  A license to 
 operate a funeral establishment is not assignable or 
 transferable and shall not be valid for any person other than 
 the one named.  Each license issued to operate a funeral 
 establishment is valid only for the location identified on the 
 license.  A change in ownership or location of the funeral 
 establishment automatically terminates the license.  Separate 
 licenses shall be required of two or more persons or other legal 
 entities operating from the same location. 

    Subd. 5.    Display of license.  Each license to operate 
 a funeral establishment must be conspicuously displayed in the 
 funeral establishment at all times.  Conspicuous display means 
 in a location where a member of the general public within the 
 funeral establishment will be able to observe and read the 
 license. 

    Subd. 6.    Initial licensure and inspection fees.  The 
 licensure and inspection fees shall be paid to the treasurer, 
 state of Minnesota, to the credit of the state government 
 special revenue fund in the state treasury. 

    Subd. 7.    Period of licensure.  All licenses to 
 operate a funeral establishment issued by the commissioner are 
 valid for a period of one calendar year beginning on July 1 and 
 ending on June 30, regardless of the date of issuance.  Fees 
 shall not be prorated. 

    Subd. 8.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 9.    Application information.  All information 
 submitted to the commissioner by an applicant for a license to 
 operate a funeral establishment is classified as licensing data 
 under section 13.41, subdivision 4. 

    HIST: 1997 c 215 s 19 

     149A.51 Renewal of license to operate a funeral 
  establishment. 

    Subdivision 1.    Renewal required.  A license to 
 operate a funeral establishment issued by the commissioner 
 expires on June 30 following the date of issuance of the license 
 and must be renewed to remain valid. 

    Subd. 2.    Renewal procedure and documentation.  
 Licensees who wish to renew their licenses must submit to the 
 commissioner a completed renewal application and the renewal fee 
 no later than June 30 following the date the license was 
 issued.  A completed renewal application includes: 

    (1) a completed renewal application form, as provided by 
 the commissioner; and 

    (2) proof of liability insurance coverage or other 
 financial documentation, as determined by the commissioner, that 
 demonstrates the applicant's ability to respond in damages for 
 liability arising from the ownership, maintenance, management, 
 or operation of a funeral establishment. 

    Upon receipt of the completed renewal application and 
 appropriate fee, the commissioner shall review and verify all 
 information.  Upon completion of the verification process and 
 resolution of any deficiencies in the renewal application 
 information, the commissioner shall make a determination, based 
 on all the information available, to reissue or refuse to 
 reissue the license.  If the commissioner's determination is to 
 reissue the license, the applicant shall be notified and the 
 license shall issue and remain valid for a period prescribed on 
 the license, but not to exceed one calendar year from the date 
 of issuance of the license.  If the commissioner's determination 
 is to refuse to reissue the license, section 149A.09, 
 subdivision 2, applies. 

    Subd. 3.    Penalty for late filing.  Renewal 
 applications received after the expiration date of a license 
 shall result in the assessment of a late filing penalty.  The 
 late filing penalty must be paid prior to the reissuance of the 
 license and received by the commissioner no later than 31 
 calendar days after the expiration date of the license. 

    Subd. 4.    Lapse of license.  Licenses to operate 
 funeral establishments shall automatically lapse when a 
 completed renewal application and renewal fee are not received 
 by the commissioner within 31 calendar days after the expiration 
 date of a license or a late filing penalty assessed under 
 subdivision 3 is not received by the commissioner within 31 
 calendar days after the expiration of a license. 

    Subd. 5.    Effect of lapse of license.  Upon the lapse 
 of a license, the person to whom the license was issued is no 
 longer licensed to operate a funeral establishment in 
 Minnesota.  The commissioner shall issue a cease and desist 
 order to prevent the holder of a lapsed license from operating a 
 funeral establishment in Minnesota and may pursue any additional 
 lawful remedies as justified by the case. 

    Subd. 6.    Restoration of lapsed license.  The 
 commissioner may restore a lapsed license upon receipt and 
 review of a completed renewal application, receipt of the 
 renewal fee and late filing penalty, reinspection of the 
 premises, and receipt of the reinspection fee, provided that the 
 receipt is made within one calendar year from the expiration 
 date of the lapsed license, and the cease and desist order 
 issued by the commissioner has not been violated.  If a lapsed 
 license is not restored within one calendar year from the 
 expiration date of the lapsed license, the holder of the lapsed 
 license may not be relicensed until the requirements in section 
 149A.50 are met. 

    Subd. 7.    Renewal and reinspection fees.  The renewal 
 and reinspection fees shall be paid to the treasurer, state of 
 Minnesota, and shall be credited to the state government special 
 revenue fund in the state treasury. 

    Subd. 8.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 9.    Application information.  All information 
 submitted to the commissioner by an applicant for renewal of 
 licensure to operate a funeral establishment is classified as 
 licensing data under section 13.41, subdivision 4. 

    HIST: 1997 c 215 s 20 

     149A.52 License to operate a crematory. 

    Subdivision 1.    License requirement.  Except as 
 provided in section 149A.01, subdivision 3, no person shall 
 maintain, manage, or operate a place or premises devoted to or 
 used in the holding and cremation of a dead human body without 
 possessing a valid license to operate a crematory issued by the 
 commissioner of health. 

    Subd. 2.    Requirements for crematory.  (a) A crematory 
 licensed under this section must consist of: 

    (1) a building or structure that complies with applicable 
 local and state building codes, zoning laws and ordinances, and 
 environmental standards, containing one or more cremation 
 chambers or retorts for the cremation of dead human bodies; 

    (2) a motorized mechanical device for grinding, crushing, 
 or pulverizing the cremated remains to a granulated appearance 
 appropriate for final disposition; and 

    (3) an appropriate holding facility for dead human bodies 
 awaiting cremation. 

    (b) A crematory licensed under this section may also 
 contain a display room for funeral goods. 

    Subd. 3.    Application procedure; documentation; initial 
 inspection.  An applicant for a license to operate a crematory 
 shall submit to the commissioner a completed application.  A 
 completed application includes: 

    (1) a completed application form, as provided by the 
 commissioner; 

    (2) proof of business form and ownership; and 

    (3) proof of liability insurance coverage or other 
 financial documentation, as determined by the commissioner, that 
 demonstrates the applicant's ability to respond in damages for 
 liability arising from the ownership, maintenance, management, 
 or operation of a crematory. 

    Upon receipt of the application, the commissioner shall 
 review and verify all information.  Upon completion of the 
 verification process and resolution of any deficiencies in the 
 application information, the commissioner shall conduct an 
 initial inspection of the premises to be licensed.  After the 
 inspection and resolution of any deficiencies found and any 
 reinspections as may be necessary, the commissioner shall make a 
 determination, based on all the information available, to grant 
 or deny licensure.  If the commissioner's determination is to 
 grant the license, the applicant shall be notified and the 
 license shall issue and remain valid for a period prescribed on 
 the license, but not to exceed one calendar year from the date 
 of issuance of the license.  If the commissioner's determination 
 is to deny the license, the commissioner must notify the 
 applicant, in writing, of the denial and provide the specific 
 reason for denial. 

    Subd. 4.    Nontransferability of license.  A license to 
 operate a crematory is not assignable or transferable and shall 
 not be valid for any person other than the one named.  Each 
 license issued to operate a crematory is valid only for the 
 location identified on the license.  A change in ownership or 
 location of the crematory automatically terminates the license.  
 Separate licenses shall be required of two or more persons or 
 other legal entities operating from the same location. 

    Subd. 5.    Display of license.  Each license to operate 
 a crematory must be conspicuously displayed in the crematory at 
 all times.  Conspicuous display means in a location where a 
 member of the general public within the crematory will be able 
 to observe and read the license. 

    Subd. 6.    Period of licensure.  All licenses to 
 operate a crematory issued by the commissioner are valid for a 
 period of one calendar year beginning on July 1 and ending on 
 June 30, regardless of the date of issuance. 

    Subd. 7.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 8.    Application information.  All information 
 submitted to the commissioner by an applicant for a license to 
 operate a crematory is classified as licensing data under 
 section 13.41, subdivision 4. 

    HIST: 1997 c 215 s 21 

     149A.53 Renewal of license to operate crematory. 

    Subdivision 1.    Renewal required.  All licenses to 
 operate a crematory issued by the commissioner expire on June 30 
 following the date of issuance of the license and must be 
 renewed to remain valid. 

    Subd. 2.    Renewal procedure and documentation.  
 Licensees who wish to renew their licenses must submit to the 
 commissioner a completed renewal application no later than June 
 30 following the date the license was issued.  A completed 
 renewal application includes: 

    (1) a completed renewal application form, as provided by 
 the commissioner; and 

    (2) proof of liability insurance coverage or other 
 financial documentation, as determined by the commissioner, that 
 demonstrates the applicant's ability to respond in damages for 
 liability arising from the ownership, maintenance, management, 
 or operation of a crematory. 

    Upon receipt of the completed renewal application, the 
 commissioner shall review and verify the information.  Upon 
 completion of the verification process and resolution of any 
 deficiencies in the renewal application information, the 
 commissioner shall make a determination, based on all the 
 information available, to reissue or refuse to reissue the 
 license.  If the commissioner's determination is to reissue the 
 license, the applicant shall be notified and the license shall 
 issue and remain valid for a period prescribed on the license, 
 but not to exceed one calendar year from the date of issuance of 
 the license.  If the commissioner's determination is to refuse 
 to reissue the license, section 149A.09, subdivision 2, applies. 

    Subd. 3.    Penalty for late filing.  Renewal 
 applications received after the expiration date of a license 
 will result in the assessment of a late filing penalty.  The 
 late filing penalty must be paid before the reissuance of the 
 license and received by the commissioner no later than 31 
 calendar days after the expiration date of the license. 

    Subd. 4.    Lapse of license.  Licenses to operate 
 crematories shall automatically lapse when a completed renewal 
 application is not received by the commissioner within 31 
 calendar days after the expiration date of a license, or a late 
 filing penalty assessed under subdivision 3 is not received by 
 the commissioner within 31 calendar days after the expiration of 
 a license. 

    Subd. 5.    Effect of lapse of license.  Upon the lapse 
 of a license, the person to whom the license was issued is no 
 longer licensed to operate a crematory in Minnesota.  The 
 commissioner shall issue a cease and desist order to prevent the 
 lapsed license holder from operating a crematory in Minnesota 
 and may pursue any additional lawful remedies as justified by 
 the case. 

    Subd. 6.    Restoration of lapsed license.  The 
 commissioner may restore a lapsed license upon receipt and 
 review of a completed renewal application, receipt of the late 
 filing penalty, and reinspection of the premises, provided that 
 the receipt is made within one calendar year from the expiration 
 date of the lapsed license and the cease and desist order issued 
 by the commissioner has not been violated.  If a lapsed license 
 is not restored within one calendar year from the expiration 
 date of the lapsed license, the holder of the lapsed license 
 cannot be relicensed until the requirements in section 149A.52 
 are met. 

    Subd. 7.    Reporting changes in license information.  
 Any change of license information must be reported to the 
 commissioner, on forms provided by the commissioner, no later 
 than 30 calendar days after the change occurs.  Failure to 
 report changes is grounds for disciplinary action. 

    Subd. 8.    Application information.  All information 
 submitted to the commissioner by an applicant for renewal of 
 licensure to operate a crematory is classified as licensing data 
 under section 13.41, subdivision 4. 

    HIST: 1997 c 215 s 22 

     149A.60 Prohibited conduct. 

    The commissioner may impose disciplinary measures or take 
 disciplinary action against a person whose conduct is subject to 
 regulation under this chapter for failure to comply with any 
 provision of this chapter or laws, rules, orders, stipulation 
 agreements, settlements, compliance agreements, licenses, and 
 permits adopted, or issued for the regulation of the removal, 
 preparation, transportation, arrangements for disposition or 
 final disposition of dead human bodies, or for the regulation of 
 the practice of mortuary science. 

    HIST: 1997 c 215 s 23 

     149A.61 Complaints; reporting obligations; form; 
  response. 

    Subdivision 1.    Permission to report.  Any person, 
 agency, political subdivision, organization, or association that 
 has knowledge of any conduct constituting grounds for 
 disciplinary action relating to licensure, licensed activities 
 or practices, or unlicensed activities under this chapter may 
 report the conduct to the commissioner. 

    Subd. 2.    Institutions.  A federal or state agency, 
 political subdivision, agency of a local unit of government, or 
 private agency or organization located in this state or any 
 other state in the United States may report to the commissioner 
 any conduct that is regulated under this chapter and that might 
 constitute grounds for disciplinary action.  The agency, 
 political subdivision, or organization may report:  

    (1) any action taken to revoke, suspend, restrict, or 
 condition a license issued by the agency, political subdivision, 
 or organization; 

    (2) any denial of privileges granted by the agency, 
 political subdivision, or organization; 

    (3) the resignation of any licensee prior to the conclusion 
 of any disciplinary action or proceeding for conduct that might 
 constitute grounds for disciplinary action under this chapter; 
 or 

    (4) any other disciplinary action taken by the agency, 
 political subdivision, or organization for conduct that might 
 constitute grounds for disciplinary action under this chapter. 

    Subd. 3.    Professional societies or associations.  A 
 national, regional, state, or local professional society or 
 association for licensees may forward to the commissioner any 
 complaint received concerning conduct or activity that is 
 regulated under this chapter.  The society or association may 
 report to the commissioner any disciplinary action taken against 
 a member of that society or association. 

    Subd. 4.    Licensees and interns.  A licensee or intern 
 regulated under this chapter may report to the commissioner any 
 conduct that the licensee or intern has personal knowledge of, 
 and reasonably believes constitutes grounds for, disciplinary 
 action under this chapter. 

    Subd. 5.    Courts.  The court administrator of district 
 court or any court of competent jurisdiction shall report to the 
 commissioner any judgment or other determination of the court 
 that adjudges or includes a finding that a licensee or intern is 
 mentally ill, mentally incompetent, guilty of a felony or gross 
 misdemeanor, guilty of violations of federal or state narcotics 
 laws or controlled substances acts; appoints a guardian or 
 conservator for the licensee or intern; or commits a licensee or 
 intern. 

    Subd. 6.    Complaint form.  Complaints or reports made 
 under this section may be submitted to the commissioner on forms 
 provided by the commissioner.  The commissioner, where 
 appropriate, shall provide each complainant with a written 
 acknowledgment of the receipt of the completed complaint form. 

    Subd. 7.    Information to complainant.  The 
 commissioner shall furnish to a complainant a statement of the 
 result of an investigation of the complaint and a description of 
 the activities and actions of the commissioner relating to the 
 complaint to the extent that the statement is consistent with 
 section 149A.04, subdivision 5. 

    Subd. 8.    Classification of data.  Section 149A.04, 
 subdivision 5, applies to data submitted to the commissioner 
 under this section. 

    HIST: 1997 c 215 s 24 

     149A.62 Immunity; reporting. 

    Any person, private agency, organization, society, 
 association, licensee, or intern who, in good faith, submits 
 information to the commissioner under section 149A.61 or 
 otherwise reports violations or alleged violations of this 
 chapter, is immune from civil liability or criminal 
 prosecution.  This section does not prohibit disciplinary action 
 taken by the commissioner against any licensee or intern 
 pursuant to a self report of a violation. 

    HIST: 1997 c 215 s 25 

     149A.63 Professional cooperation. 

    A licensee, intern, or applicant for licensure under this 
 chapter that is the subject of an inspection or investigation by 
 the commissioner or the commissioner's designee shall cooperate 
 fully with the inspection or investigation.  Failure to 
 cooperate constitutes grounds for disciplinary action under this 
 chapter. 

    HIST: 1997 c 215 s 26 

     149A.70 Business practices. 

    Subdivision 1.    Use of titles.  Only a person holding 
 a valid license to practice mortuary science issued by the 
 commissioner may use the title of mortician, funeral director, 
 or any other title implying that the licensee is engaged in the 
 business or practice of mortuary science.  Only the holder of a 
 valid license to operate a funeral establishment issued by the 
 commissioner may use the title of funeral home, funeral chapel, 
 or any other title, word, or term implying that the licensee is 
 engaged in the business or practice of mortuary science.  Only 
 the holder of a valid license to operate a crematory issued by 
 the commissioner may use the title of crematory, crematorium, or 
 any other title, word, or term implying that the licensee 
 operates a crematory or crematorium. 

    Subd. 2.    Business location.  A funeral establishment 
 or crematory shall not do business in a location that is not 
 licensed as a funeral establishment or crematory and shall not 
 advertise a service that is available from an unlicensed 
 location. 

    Subd. 3.    Advertising.  No licensee or intern shall 
 publish or disseminate false, misleading, or deceptive 
 advertising.  False, misleading, or deceptive advertising 
 includes, but is not limited to: 

    (1) identifying, by using the names or pictures of, persons 
 who are not licensed to practice mortuary science in a way that 
 leads the public to believe that those persons will provide 
 mortuary science services; 

    (2) using any name other than the names under which the 
 funeral establishment or crematory is known to or licensed by 
 the commissioner; 

    (3) using a surname not directly, actively, or presently 
 associated with a licensed funeral establishment or crematory, 
 unless the surname had been previously and continuously used by 
 the licensed funeral establishment or crematory; and 

    (4) using a founding or establishing date or total years of 
 service not directly or continuously related to a name under 
 which the funeral establishment or crematory is currently or was 
 previously licensed. 

    Any advertising or other printed material that contains the 
 names or pictures of persons affiliated with a funeral 
 establishment or crematory shall state the position held by the 
 persons and shall identify each person who is licensed or 
 unlicensed under this chapter. 

    Subd. 4.    Solicitation of business.  No licensee shall 
 directly or indirectly pay or cause to be paid any sum of money 
 or other valuable consideration for the securing of business or 
 for obtaining the authority to dispose of any dead human body. 

    For purposes of this subdivision, licensee includes a 
 registered intern or any agent, representative, employee, or 
 person acting on behalf of the licensee. 

    Subd. 5.    Offer; solicitation or acceptance of fees; 
 commissions; or other reimbursement.  No licensee or intern 
 shall offer, solicit, or accept a commission, fee, bonus, 
 rebate, or other reimbursement in consideration for recommending 
 or causing a dead human body to be disposed of in specific 
 crematory, mausoleum, or cemetery. 

    Subd. 5a.    Solicitations prohibited in certain 
 situations.  No funeral provider may directly or indirectly: 

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

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

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

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

    Subd. 6.    Use of unlicensed personnel; interns; and 
 practicum students.  Except as otherwise provided in this 
 chapter, a licensed funeral establishment may employ unlicensed 
 personnel to perform the duties of a funeral director or 
 mortician so long as the unlicensed personnel act under the 
 direct supervision of an individual holding a current license to 
 practice mortuary science in Minnesota and all applicable 
 provisions of this chapter are followed.  It is the duty of the 
 licensees, individual or establishment, to provide proper 
 training for all unlicensed personnel, and the licensees shall 
 be strictly accountable for compliance with this chapter.  This 
 subdivision does not apply to registered interns who are under 
 the direct and exclusive supervision of a registered licensee or 
 a student duly registered for a practicum through an accredited 
 college or university or a college of funeral service education 
 accredited by the American Board of Funeral Service Education. 

    Subd. 7.    Unprofessional conduct.  No licensee or 
 intern shall engage in or permit others under the licensee's or 
 intern's supervision or employment to engage in unprofessional 
 conduct.  Unprofessional conduct includes, but is not limited to:

    (1) harassing, abusing, or intimidating a customer, 
 employee, or any other person encountered while within the scope 
 of practice, employment, or business; 

    (2) using profane, indecent, or obscene language within the 
 immediate hearing of the family or relatives of the deceased; 

    (3) failure to treat with dignity and respect the body of 
 the deceased, any member of the family or relatives of the 
 deceased, any employee, or any other person encountered while 
 within the scope of practice, employment, or business; 

    (4) the habitual overindulgence in the use of or dependence 
 on intoxicating liquors, prescription drugs, over-the-counter 
 drugs, illegal drugs, or any other mood altering substances that 
 substantially impair a person's work-related judgment or 
 performance; 

    (5) revealing personally identifiable facts, data, or 
 information about a decedent, customer, member of the decedent's 
 family, or employee acquired in the practice or business without 
 the prior consent of the individual, except as authorized by 
 law; 

    (6) intentionally misleading or deceiving any customer in 
 the sale of any goods or services provided by the licensee; 

    (7) knowingly making a false statement in the procuring, 
 preparation, or filing of any required permit; or 

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

    Subd. 8.    Disclosure of ownership.  All funeral 
 establishments and funeral providers must clearly state by whom 
 they are owned in all business literature, correspondence, and 
 contracts.  

    Subd. 9.    Disclosure of change of ownership.  (a) 
 Within 15 days of a change in ownership of a funeral 
 establishment or funeral provider, the funeral establishment or 
 funeral provider shall notify all preneed consumers by first 
 class mail of the change in ownership.  The notification shall 
 advise the preneed consumers of their right to transfer all 
 preneed trust funds to a new funeral provider and shall advise 
 all preneed consumers who have revocable preneed trusts of their 
 right to terminate the trust and receive a refund of all 
 principal paid into the trust, plus interest accrued. 

    (b) For purposes of this subdivision: 

    (1) "change in ownership" means: 

    (i) the sale or transfer of all or substantially all of the 
 assets of a funeral establishment or funeral provider; 

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

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

    (2) "controlling interest" means: 

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

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

    HIST: 1997 c 215 s 27; 2000 c 438 s 9-11 

     149A.71 Funeral industry practices; price disclosures. 

    Subdivision 1.    Unfair or deceptive acts or practices. 
  In selling or offering to sell funeral goods, funeral 
 services, burial site goods, or burial site services to the 
 public, it is an unfair or deceptive act or practice for a 
 funeral provider to fail to furnish accurate price information 
 disclosing the cost to the purchaser for each of the specific 
 funeral goods, funeral services, burial site goods, or burial 
 site services used in connection with the disposition of dead 
 human bodies to persons inquiring about the purchase of 
 funerals.  Any funeral provider who complies with the preventive 
 requirements in subdivision 2 is not engaged in the unfair or 
 deceptive acts or practices defined in this section. 

    Subd. 2.    Preventive requirements.  (a) To prevent 
 unfair or deceptive acts or practices, the requirements of this 
 subdivision must be met. 

    (b) Funeral providers must tell persons who ask by 
 telephone about the funeral provider's offerings or prices any 
 accurate information from the price lists described in 
 paragraphs (c) to (e) and any other readily available 
 information that reasonably answers the questions asked. 

    (c) Funeral providers must make available for viewing to 
 people who inquire in person about the offerings or prices of 
 funeral goods or burial site goods, separate printed or 
 typewritten price lists.  Each funeral provider must have a 
 separate price list for each of the following types of goods 
 that are sold or offered for sale: 

    (1) caskets; 

    (2) alternative containers; 

    (3) outer burial containers; 

    (4) cremation containers and cremated remains containers; 

    (5) markers; and 

    (6) headstones. 

    (d) Each separate price list must contain the name of the 
 funeral provider's place of business and a caption describing 
 the list as a price list for one of the types of funeral goods 
 or burial site goods described in paragraph (c), clauses (1) to 
 (6).  The funeral provider must offer the list upon beginning 
 discussion of, but in any event before showing, the specific 
 funeral goods or burial site goods and must provide a photocopy 
 of the price list, for retention, if so asked by the consumer.  
 The list must contain, at least, the retail prices of all the 
 specific funeral goods and burial site goods offered which do 
 not require special ordering, enough information to identify 
 each, and the effective date for the price list.  In lieu of a 
 written price list, other formats, such as notebooks, brochures, 
 or charts may be used if they contain the same information as 
 would the printed or typewritten list, and display it in a clear 
 and conspicuous manner.  However, funeral providers are not 
 required to make a specific price list available if the funeral 
 providers place the information required by this paragraph on 
 the general price list described in paragraph (e). 

    (e) Funeral providers must give a printed or typewritten 
 price list, for retention, to persons who inquire in person 
 about the funeral goods, funeral services, burial site goods, or 
 burial site services or prices offered by the funeral provider.  
 The funeral provider must give the list upon beginning 
 discussion of either the prices of or the overall type of 
 funeral service or disposition or specific funeral goods, 
 funeral services, burial site goods, or burial site services 
 offered by the provider.  This requirement applies whether the 
 discussion takes place in the funeral establishment or 
 elsewhere.  However, when the deceased is removed for 
 transportation to the funeral establishment, an in-person 
 request for authorization to embalm does not, by itself, trigger 
 the requirement to offer the general price list.  If the 
 provider, in making an in-person request for authorization to 
 embalm, discloses that embalming is not required by law except 
 in certain special cases, the provider is not required to offer 
 the general price list.  Any other discussion during that time 
 about prices or the selection of funeral goods, funeral 
 services, burial site goods, or burial site services triggers 
 the requirement to give the consumer a general price list.  The 
 general price list must contain the following information: 

    (1) the name, address, and telephone number of the funeral 
 provider's place of business; 

    (2) a caption describing the list as a "general price 
 list"; 

    (3) the effective date for the price list; 

    (4) the retail prices, in any order, expressed either as a 
 flat fee or as the prices per hour, mile, or other unit of 
 computation, and other information described as follows: 

    (i) forwarding of remains to another funeral establishment, 
 together with a list of the services provided for any quoted 
 price; 

    (ii) receiving remains from another funeral establishment, 
 together with a list of the services provided for any quoted 
 price; 

    (iii) separate prices for each cremation offered by the 
 funeral provider, with the price including an alternative or 
 cremation container, any crematory charges, and a description of 
 the services and container included in the price, where 
 applicable, and the price of cremation where the purchaser 
 provides the container; 

    (iv) separate prices for each immediate burial offered by 
 the funeral provider, including a casket or alternative 
 container, and a description of the services and container 
 included in that price, and the price of immediate burial where 
 the purchaser provides the casket or alternative container; 

    (v) transfer of remains to the funeral establishment; 

    (vi) embalming; 

    (vii) other preparation of the body; 

    (viii) use of facilities, equipment, or staff for viewing; 

    (ix) use of facilities, equipment, or staff for funeral 
 ceremony; 

    (x) use of facilities, equipment, or staff for memorial 
 service; 

    (xi) use of equipment or staff for graveside service; 

    (xii) hearse or funeral coach; 

    (xiii) limousine; and 

    (xiv) separate prices for all cemetery-specific goods and 
 services, including all goods and services associated with 
 interment and burial site goods and services and excluding 
 markers and headstones; 

    (5) the price range for the caskets offered by the funeral 
 provider, together with the statement "A complete price list 
 will be provided at the funeral establishment or casket sale 
 location." or the prices of individual caskets, as disclosed in 
 the manner described in paragraphs (c) and (d); 

    (6) the price range for the alternative containers offered 
 by the funeral provider, together with the statement "A complete 
 price list will be provided at the funeral establishment or 
 alternative container sale location." or the prices of 
 individual alternative containers, as disclosed in the manner 
 described in paragraphs (c) and (d); 

    (7) the price range for the outer burial containers offered 
 by the funeral provider, together with the statement "A complete 
 price list will be provided at the funeral establishment or 
 outer burial container sale location." or the prices of 
 individual outer burial containers, as disclosed in the manner 
 described in paragraphs (c) and (d); 

    (8) the price range for the cremation containers and 
 cremated remains containers offered by the funeral provider, 
 together with the statement "A complete price list will be 
 provided at the funeral establishment or cremation container 
 sale location." or the prices of individual cremation containers 
 and cremated remains containers, as disclosed in the manner 
 described in paragraphs (c) and (d); 

    (9) the price for the basic services of funeral provider 
 and staff, together with a list of the principal basic services 
 provided for any quoted price and, if the charge cannot be 
 declined by the purchaser, the statement "This fee for our basic 
 services will be added to the total cost of the funeral 
 arrangements you select.  (This fee is already included in our 
 charges for direct cremations, immediate burials, and forwarding 
 or receiving remains.)"  If the charge cannot be declined by the 
 purchaser, the quoted price shall include all charges for the 
 recovery of unallocated funeral provider overhead, and funeral 
 providers may include in the required disclosure the phrase "and 
 overhead" after the word "services."  This services fee is the 
 only funeral provider fee for services, facilities, or 
 unallocated overhead permitted by this subdivision to be 
 nondeclinable, unless otherwise required by law; 

    (10) if the price for basic services, as described in 
 clause (9), is not applicable, the statement "Please note that a 
 fee for the use of our basic services is included in the price 
 of our caskets.  Our services include (specify services 
 provided)."  The fee shall include all charges for the recovery 
 of unallocated funeral provider overhead, and funeral providers 
 may include in the required disclosure the phrase "and overhead" 
 after the word "services."  The statement must be placed on the 
 general price list, together with the casket price range or the 
 prices of individual caskets.  This services fee is the only 
 funeral provider fee for services, facilities, or unallocated 
 overhead permitted by this subdivision to be nondeclinable, 
 unless otherwise required by law; and 

    (11) the price range for the markers and headstones offered 
 by the funeral provider, together with the statement "A complete 
 price list will be provided at the funeral establishment or 
 marker or headstone sale location." or the prices of individual 
 markers and headstones, as disclosed in the manner described in 
 paragraphs (c) and (d). 

    (f) Funeral providers must give an itemized written 
 statement, for retention, to each consumer who arranges a 
 funeral or other disposition of human remains at the conclusion 
 of the discussion of the arrangements.  The itemized written 
 statement must be signed by the consumer selecting the goods and 
 services.  If the statement is provided at a funeral 
 establishment, the statement must be signed by the licensed 
 funeral director or mortician planning the arrangements.  If the 
 statement is provided by any other funeral provider, the 
 statement must be signed by an authorized agent of the funeral 
 provider.  The statement must list the funeral goods, funeral 
 services, burial site goods, or burial site services selected by 
 that consumer and the prices to be paid for each item, 
 specifically itemized cash advance items (these prices must be 
 given to the extent then known or reasonably ascertainable if 
 the prices are not known or reasonably ascertainable, a good 
 faith estimate shall be given and a written statement of the 
 actual charges shall be provided before the final bill is paid), 
 and the total cost of goods and services selected.  The 
 information required by this paragraph may be included on any 
 contract, statement, or other document which the funeral 
 provider would otherwise provide at the conclusion of discussion 
 of arrangements. 

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

    (h) Upon receiving actual notice of the death of an 
 individual with whom a funeral provider has entered a preneed 
 funeral agreement, the funeral provider must provide a copy of 
 all preneed funeral agreement documents to the person who 
 controls final disposition of the human remains or to the 
 designee of the person controlling disposition.  The person 
 controlling disposition shall be provided with these documents 
 at the time of the person's first contact with the funeral 
 provider, if the first contact occurs in person at a funeral 
 establishment, crematory, or other place of business of the 
 funeral provider.  If the contact occurs by other means or at 
 another location, the documents must be provided within 24 hours 
 of the first contact. 

    Subd. 3.    Prices displayed.  Any funeral provider who 
 sells or offers to sell funeral goods or burial site goods to 
 the public shall, at all times, display the retail price of all 
 displayed funeral goods or burial site goods in a conspicuous 
 place on the goods.  "Conspicuous place" means a place where any 
 consumer viewing the funeral goods or burial site goods would be 
 able to see and read the price and reasonably understand that 
 the price seen is the price of the funeral goods or burial site 
 goods viewed.  Displayed funeral goods or burial site goods are 
 those goods that the funeral provider regularly maintains in 
 inventory and makes available for viewing and purchase by the 
 consumer. 

    Subd. 4.    Casket, alternate container, and cremation 
 container sales; records; required disclosures.  Any funeral 
 provider who sells or offers to sell a casket, alternate 
 container, or cremation container to the public must maintain a 
 record of each sale that includes the name of the purchaser, the 
 purchaser's mailing address, the name of the decedent, the date 
 of the decedent's death, and the place of death.  These records 
 shall be open to inspection by the commissioner and reported to 
 the commissioner.  Any funeral provider selling a casket, 
 alternate container, or cremation container to the public, and 
 not having charge of the final disposition of the dead human 
 body, shall enclose within the casket, alternate container, or 
 cremation container information provided by the commissioner 
 that includes a blank certificate of death, and a copy of the 
 statutes and rules controlling the removal, preparation, 
 transportation, arrangements for disposition, and final 
 disposition of a dead human body.  This subdivision does not 
 apply to morticians, funeral directors, funeral establishments, 
 crematories, or wholesale distributors of caskets, alternate 
 containers, or cremation containers. 

    HIST: 1997 c 215 s 28; 2000 c 438 s 12-15 

     149A.72 Funeral industry practices; misrepresentations. 

    Subdivision 1.    Embalming provisions; deceptive acts or 
 practices.  In selling or offering to sell funeral goods or 
 funeral services to the public, it is a deceptive act or 
 practice for a funeral provider to represent that state or local 
 law requires that a dead human body be embalmed when that is not 
 the case or to fail to disclose that embalming is not required 
 by law except in certain cases. 

    Subd. 2.    Embalming provisions; preventive requirements. 
  To prevent deceptive acts or practices, a funeral provider 
 must not represent that a dead human body is required to be 
 embalmed for direct cremation, immediate burial, or a closed 
 casket funeral without viewing or visitation, when refrigeration 
 is available and when not required by law.  The funeral provider 
 must also place the following disclosure on the general price 
 list, described in section 149A.71, subdivision 2, paragraph 
 (e), in immediate conjunction with the price shown for 
 embalming:  "Except in certain cases, embalming is not required 
 by law.  Embalming may be necessary, however, if you select 
 certain funeral arrangements, such as a funeral with viewing.  
 If you do not want embalming, you usually have the right to 
 choose an arrangement that does not require you to pay for it, 
 such as direct cremation or immediate burial." 

    Subd. 3.    Casket for cremation provisions; deceptive 
 acts or practices.  In selling or offering to sell funeral 
 goods or funeral services to the public, it is a deceptive act 
 or practice for a funeral provider to represent that a casket is 
 required for cremations by state or local law or otherwise. 

    Subd. 4.    Casket for cremation provision; preventive 
 measures.  To prevent deceptive acts or practices, funeral 
 providers must place the following disclosure in immediate 
 conjunction with the prices shown for cremations:  "If you want 
 to arrange a cremation, you can use a cremation container.  A 
 cremation container is a combustible, closed container resistant 
 to the leakage of bodily fluids, that encases the body and can 
 be made of materials like fiberboard or composition materials 
 (with or without an outside covering).  The containers we 
 provide are (specify containers provided)."  This disclosure is 
 required only if the funeral provider arranges direct cremations.

    Subd. 5.    Rental caskets; deceptive acts or practices. 
  In selling or offering to sell funeral goods, funeral 
 services, burial site goods, or burial site services to the 
 public, it is a deceptive act or practice for a funeral provider 
 to fail to disclose that a casket has been used in a previous 
 funeral ceremony when that is the case. 

    Subd. 6.    Rental caskets; preventive measures.  To 
 prevent deceptive acts or practices, funeral providers must 
 place the following disclosure in immediate conjunction with the 
 prices shown for funeral goods or funeral services where a 
 casket may be rented rather than purchased:  "If you choose a 
 funeral service where a rental casket is provided, the casket 
 used for the funeral service may have been used in a previous 
 funeral service.  If the casket has been used in a previous 
 funeral service, the interior lining has either been replaced or 
 thoroughly cleaned." 

    Subd. 7.    Outer burial container provisions; deceptive 
 acts or practices.  In selling or offering to sell funeral 
 goods, funeral services, burial site goods, or burial site 
 services to the public, it is a deceptive act or practice for a 
 funeral provider to represent that state or local laws or 
 regulations, or particular cemeteries, require outer burial 
 containers when that is not the case or to fail to disclose to 
 consumers arranging funerals that state law or local law does 
 not require the purchase of an outer burial container. 

    Subd. 8.    Outer burial container provisions; preventive 
 requirements.  To prevent deceptive acts or practices, funeral 
 providers must place the following disclosure on the outer 
 burial container price list, described in section 149A.71, 
 subdivision 2, paragraph (c), or, if the prices of outer burial 
 containers are listed on the general price list, described in 
 section 149A.71, subdivision 2, paragraph (e), in immediate 
 conjunction with those prices:  "In most areas of the country, 
 state or local law does not require that you buy a container to 
 surround the casket in the grave.  However, many cemeteries 
 require that you have such a container so that the grave will 
 not sink in.  Either a grave liner or a burial vault will 
 satisfy these requirements." 

    Subd. 9.    General provisions on legal and cemetery 
 requirements; deceptive acts or practices.  In selling or 
 offering to sell funeral goods, funeral services, burial site 
 goods, or burial site services to the public, it is a deceptive 
 act or practice for a funeral provider to represent that 
 federal, state, or local laws, or particular cemeteries or 
 crematories, require the purchase of any funeral goods, funeral 
 services, burial site goods, or burial site services when that 
 is not the case. 

    Subd. 10.    General provisions on legal and cemetery 
 requirements; preventive requirements.  To prevent deceptive 
 acts or practices, funeral providers must identify and briefly 
 describe in writing on the statement of funeral goods, funeral 
 services, burial site goods, and burial site services selected, 
 as described in section 149A.71, subdivision 2, paragraph (f), 
 any legal, cemetery, or crematory requirement which the funeral 
 provider represents to consumers as compelling the purchase of 
 funeral goods, funeral services, burial site goods, or burial 
 site services for the funeral which that consumer is arranging. 

    Subd. 11.    Provisions on preservative and protective 
 value claims; deceptive acts or practices.  In selling or 
 offering to sell funeral goods, funeral services, burial site 
 goods, or burial site services to the public, it is a deceptive 
 act or practice for a funeral provider to represent that funeral 
 goods, funeral services, burial site goods, or burial site 
 services will delay the natural decomposition of human remains 
 for a long term or indefinite time or to represent that funeral 
 goods or burial site goods have protective features, beyond a 
 lid sealing casket, or will protect the body from grave site 
 substances, when that is not the case. 

    Subd. 12.    Cash advance provisions; deceptive acts or 
 practices.  In selling or offering to sell funeral goods, 
 funeral services, burial site goods, or burial site services to 
 the public, it is a deceptive act or practice for a funeral 
 provider to represent that the price charged for a cash advance 
 item is the same as the cost to the funeral provider for the 
 item when that is not the case or to fail to disclose to the 
 consumer arranging the funeral that the price charged for a cash 
 advance item is not the same as the cost to the funeral provider 
 when that is not the case. 

    Subd. 13.    Cash advance provisions; preventive 
 requirements.  To prevent deceptive acts or practices, funeral 
 providers must place the following sentence in the itemized 
 statement of funeral goods, funeral services, burial site goods, 
 and burial site services selected, in immediate conjunction with 
 the list of itemized cash advance items required by section 
 149A.71, subdivision 2, paragraph (f):  "We charge you for our 
 services in obtaining (specify cash advance items provided).", 
 if the funeral provider makes a charge upon, or receives and 
 retains a rebate, commission, or trade or volume discount upon a 
 cash advance item. 

    HIST: 1997 c 215 s 29; 2000 c 438 s 16-23 

     149A.73 Funeral industry practices; required purchase of 
  funeral goods, funeral services, burial site goods, or burial 
  site services. 

    Subdivision 1.    Casket for cremation provisions; 
 deceptive acts or practices.  In selling or offering to sell 
 funeral goods, funeral services, burial site goods, or burial 
 site services to the public, it is a deceptive act or practice 
 for a funeral provider to require that a casket be purchased for 
 cremation. 

    Subd. 2.    Casket for cremation; preventive requirements. 
  To prevent unfair or deceptive acts or practices, if funeral 
 providers arrange cremations, they must make a cremation 
 container available for cremations. 

    Subd. 3.    Other required purchases of funeral goods, 
 funeral services, burial site goods, or burial site services; 
 deceptive acts or practices.  (a) In selling or offering to 
 sell funeral goods, funeral services, burial site goods, or 
 burial site services to the public, it is a deceptive act or 
 practice for a funeral provider to condition the furnishing of 
 any funeral good, funeral service, burial site good, or burial 
 site service to a consumer arranging a funeral upon the purchase 
 of any other funeral good, funeral service, burial site good, or 
 burial site service, except as may be otherwise required by law 
 or to charge any fee as a condition to furnishing any funeral 
 goods, funeral services, burial site goods, or burial site 
 services to a consumer arranging a funeral, other than the fees 
 for services of funeral director and staff, other funeral 
 services, funeral goods, burial site goods, and burial site 
 services selected by the purchaser, and other funeral goods, 
 funeral services, burial site goods, or burial site services 
 required to be purchased, as explained on the itemized statement 
 in accordance with section 149A.72, subdivision 10. 

    (b) In selling or offering to sell funeral goods, funeral 
 services, burial site goods, or burial site services to the 
 public, it is a deceptive act or practice for a funeral provider 
 to charge an increased price for the handling, placing, or 
 setting of a funeral good or burial site good based upon the 
 fact that the good was not purchased from that funeral provider. 

    Subd. 4.    Other required purchases of funeral goods, 
 funeral services, burial site goods, or burial site services; 
 preventive requirements.  To prevent unfair or deceptive acts 
 or practices, funeral providers must place the following 
 disclosure in the general price list, immediately above the 
 prices required by section 149A.71, subdivision 2, paragraph 
 (e), clauses (4) to (10):  "The goods and services shown below 
 are those we can provide to our customers.  You may choose only 
 the items you desire.  If legal or other requirements mean that 
 you must buy any items you did not specifically ask for, we will 
 explain the reason in writing on the statement we provide 
 describing the funeral goods, funeral services, burial site 
 goods, and burial site services you selected."  However, if the 
 charge for "services of funeral director and staff" cannot be 
 declined by the purchaser, the statement shall include the 
 sentence "However, any funeral arrangements you select will 
 include a charge for our basic services." between the second and 
 third sentences of the sentences specified in this subdivision.  
 The statement may include the phrase "and overhead" after the 
 word "services" if the fee includes a charge for the recovery of 
 unallocated funeral overhead.  If the funeral provider does not 
 include this disclosure statement, then the following disclosure 
 statement must be placed in the statement of funeral goods, 
 funeral services, burial site goods, and burial site services 
 selected, as described in section 149A.71, subdivision 2, 
 paragraph (f):  "Charges are only for those items that you 
 selected or that are required.  If we are required by law or by 
 a cemetery or crematory to use any items, we will explain the 
 reasons in writing below."  A funeral provider is not in 
 violation of this subdivision by failing to comply with a 
 request for a combination of goods or services which would be 
 impossible, impractical, or excessively burdensome to provide. 

    Subd. 5.    Rental of funeral goods.  It is a deceptive 
 act or practice for a funeral provider to require as a condition 
 of providing any funeral good or burial site good that the 
 funeral good or burial site good be purchased by a consumer when 
 rental of the good is practicable. 

    HIST: 1997 c 215 s 30; 2000 c 438 s 24-27 

     149A.74 Funeral industry practices; services provided 
  without prior approval. 

    Subdivision 1.    Services provided without prior 
 approval; deceptive acts or practices.  In selling or offering 
 to sell funeral goods or funeral services to the public, it is a 
 deceptive act or practice for any funeral provider to embalm a 
 dead human body unless state or local law or regulation requires 
 embalming in the particular circumstances regardless of any 
 funeral choice which might be made, or prior approval for 
 embalming has been obtained from an individual legally 
 authorized to make such a decision, or the funeral provider is 
 unable to contact the legally authorized individual after 
 exercising due diligence, has no reason to believe the legally 
 authorized individual does not want embalming performed, and 
 obtains subsequent approval for embalming already performed.  In 
 seeking approval to embalm, the funeral provider must disclose 
 that embalming is not required by law except in certain 
 circumstances; that a fee will be charged if a funeral is 
 selected which requires embalming, such as a funeral with 
 viewing; and that no fee will be charged if the family selects a 
 service which does not require embalming, such as direct 
 cremation or immediate burial. 

    Subd. 2.    Services provided without prior approval; 
 preventive requirement.  To prevent unfair or deceptive acts 
 or practices, funeral providers must include on the itemized 
 statement of funeral goods or services, as described in section 
 149A.71, subdivision 2, paragraph (f), the statement "If you 
 selected a funeral that may require embalming, such as a funeral 
 with viewing, you may have to pay for embalming.  You do not 
 have to pay for embalming you did not approve if you selected 
 arrangements such as direct cremation or immediate burial.  If 
 we charged for embalming, we will explain why below." 

    HIST: 1997 c 215 s 31 

     149A.745 Funeral industry practices; prohibition on 
  preinterment of outer burial containers. 

    A funeral provider is prohibited from interring a lined and 
 sealed outer burial container until the death of the beneficiary.

    HIST: 2000 c 438 s 28 

     149A.75 Funeral industry practices; retention of 
  documents. 

    Funeral providers must retain and make available for 
 inspection true and accurate copies of the applicable price 
 lists specified in section 149A.71, subdivision 2, paragraphs 
 (c) to (e), for a minimum of one calendar year after the date of 
 their last distribution to customers.  In addition, funeral 
 providers must retain a copy of each statement of funeral goods, 
 funeral services, burial site goods, and burial site services 
 selected, as described in section 149A.71, subdivision 2, 
 paragraph (f), for a minimum of three calendar years from the 
 date of the arrangement conference.  Following this period and 
 subject to any other laws requiring retention of records, the 
 funeral provider may then place the records in storage or reduce 
 them to microfilm, microfiche, laser disc, or any other method 
 that can produce an accurate reproduction of the original 
 record, for retention for a period of ten calendar years from 
 the date of the arrangement conference.  At the end of this 
 period and subject to any other laws requiring retention of 
 records, the funeral provider may destroy the records by 
 shredding, incineration, or any other manner that protects the 
 privacy of the individuals identified in the records. 

    HIST: 1997 c 215 s 32; 2000 c 438 s 29 

     149A.76 Funeral industry practices; comprehension of 
  disclosures. 

    Funeral providers must make all disclosures required under 
 sections 149A.71 to 149A.74 in a clear and conspicuous manner. 

    HIST: 1997 c 215 s 33 

     149A.80 Death; right to control and duty of disposition. 

    Subdivision 1.    Advance directives and will of decedent. 
  A person may direct the preparation for, type, or place of 
 that person's final disposition, either by oral or written 
 instructions.  The person or persons otherwise entitled to 
 control the final disposition under this chapter shall 
 faithfully carry out the reasonable and otherwise lawful 
 directions of the decedent to the extent that the decedent has 
 provided resources for the purpose of carrying out the 
 directions.  If the instructions are contained in a will, they 
 shall be immediately carried out, regardless of the validity of 
 the will in other respects or of the fact that the will may not 
 be offered for or admitted to probate until a later date, 
 subject to other provisions of this chapter or any other law of 
 this state.  This subdivision shall be administered and 
 construed so that the reasonable and lawful instructions of the 
 decedent or the person entitled to control the final disposition 
 shall be faithfully and promptly performed. 

    Subd. 2.    Determination of right to control and duty of 
 disposition.  The right to control the disposition of the 
 remains of a deceased person, including the location and 
 conditions of final disposition, unless other directions have 
 been given by the decedent pursuant to subdivision 1, vests in, 
 and the duty of final disposition of the body devolves upon, the 
 following in the order named: 

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

    (2) the surviving, legally recognized spouse; 

    (3) the surviving biological or adopted child or children 
 of the decedent over the age of majority, provided that, in the 
 absence of actual knowledge to the contrary, a funeral director 
 or mortician may rely on instructions given by the child or 
 children who represent that they are the sole surviving child, 
 or that they constitute a majority of the surviving children; 

    (4) the surviving parent or parents of the decedent; 

    (5) the surviving biological or adopted sibling or siblings 
 of the decedent over the age of majority, provided that, in the 
 absence of actual knowledge to the contrary, a funeral director 
 or mortician may rely on instructions given by the sibling or 
 siblings who represent that they are the sole surviving sibling, 
 or that they constitute a majority of the surviving siblings; 

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

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

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

    Subd. 3.    Estranged persons.  Where there is only one 
 person in a degree of relationship to the decedent described in 
 subdivision 2, clauses (1) to (6), and a district court pursuant 
 to subdivision 5, determines that the person and the decedent 
 were estranged at the time of death, the right to control and 
 the duty of disposition shall devolve to the person or persons 
 in the next degree of relationship pursuant to subdivision 2, 
 clauses (1) to (6).  For purposes of this subdivision, 
 "estranged" means having a relationship characterized by mutual 
 enmity, hostility, or indifference. 

    Subd. 4.    Refusal of right to control and duty of 
 disposition.  If a person or persons to whom the right to 
 control and duty of disposition devolve pursuant to subdivision 
 2, clauses (1) to (6), refuses to accept or declines to act upon 
 the right or duty, that right and duty shall pass as follows: 

    (1) to another person or persons with the same degree of 
 relationship to the decedent as the person or persons refusing 
 to accept or declining to act; or 

    (2) to the person or persons in the next degree of 
 relationship to the decedent pursuant to subdivision 2, clauses 
 (1) to (6). 

    Subd. 5.    Disputes.  When a dispute exists regarding 
 the right to control or duty of disposition, the parties in 
 dispute or the mortician or funeral director may file a petition 
 in the district court in the county of residence of the decedent 
 requesting that the court make a determination in the matter. 
 Should the right to control and duty of disposition devolve to 
 more than one person with the same degree of relationship to the 
 decedent and those persons cannot, by majority vote, make a 
 decision regarding arrangements and final disposition and a 
 district court has been petitioned to make a determination, the 
 court shall consider the following factors in making its 
 determination: 

    (1) the reasonableness, practicality, and resources 
 available for payment of the proposed arrangements and final 
 disposition; 

    (2) the degree of the personal relationship between the 
 decedent and each of the persons in the same degree of 
 relationship to the decedent; 

    (3) the expressed wishes and directions of the decedent and 
 the extent to which the decedent has provided resources for the 
 purpose of carrying out the wishes or directions; and 

    (4) the degree to which the arrangements and final 
 disposition will allow for participation by all who wish to pay 
 respect to the decedent. 

    Subd. 6.    Control by funeral director or mortician.  A 
 funeral director or mortician shall have complete authority to 
 control the final disposition and to proceed under this chapter 
 to recover reasonable charges for the final disposition when 
 both of the following apply: 

    (1) the funeral director or mortician has actual knowledge 
 that none of the persons described in subdivision 2, clauses (1) 
 to (6), exist or that none of the persons so described can be 
 found after reasonable inquiry or contacted by reasonable means; 
 and 

    (2) the appropriate public or court authority fails to 
 assume responsibility for disposition of the remains within 36 
 hours after having been given written notice of the facts. 
 Written notice may be delivered by hand, United States mail, 
 facsimile transmission, or telegraph. 

    Subd. 7.    Immunity.  A funeral director or mortician 
 shall not be subject to criminal prosecution or civil liability 
 for carrying out the otherwise lawful instructions of the 
 decedent or the person or persons whom the funeral director or 
 mortician reasonably believes is entitled to control the final 
 disposition. 

    Subd. 8.    Liability for cost of final disposition.  In 
 addition to separate contractual obligations, the liability for 
 the reasonable cost of final disposition devolves upon the 
 estate of the decedent, regardless of whether testate or 
 intestate, and the distributees of the estate pursuant to 
 chapter 524, the Uniform Probate Code.  In the case of persons 
 who die without apparent financial means to provide for final 
 disposition, control of final disposition and liability devolves 
 to the county board of the county in which the death occurred, 
 pursuant to section 261.035.  In the case of unclaimed bodies 
 delivered for dissection pursuant to section 525.9213 and 
 anatomical gifts of the entire body made pursuant to section 
 149A.81, subdivision 2, subject to the terms of the gift, 
 liability for transportation and final disposition shall be 
 borne by the institution receiving the body. 

    Subd. 9.    Interference with body or final disposition. 
  Any person that arrests, attaches, detains, or claims to 
 detain any human remains for any debt or demand, or upon any 
 pretended lien or charge, or who, without authority of law, 
 obstructs or detains a person charged with the duty or engaged 
 in the final disposition of a dead human body, or fails to 
 release any dead human body upon the receipt of authorization 
 for the release signed by a person or persons entitled to 
 custody of the body is guilty of a misdemeanor.  Criminal 
 prosecution shall not preclude the commissioner from taking any 
 other lawful disciplinary action. 

    HIST: 1997 c 215 s 34; 1998 c 399 s 27 

     149A.81 Anatomical gifts. 

    Subdivision 1.    Duty of disposition; gift of part of a 
 body.  This chapter does not apply to or interfere with the 
 making of an anatomical gift under sections 525.921 to 525.9224, 
 except as provided in this subdivision. 

    When the anatomical gift is of a part of a body, after 
 procurement of the gift organ or organs, custody of the 
 remainder of the body vests in the person or persons under legal 
 obligation to dispose of the body under section 149A.80.  Once 
 an anatomical gift has been made and custody of the body has 
 passed from the donee to the person or persons lawfully entitled 
 or obligated to dispose of the body, the provisions of this 
 chapter apply. 

    Subd. 2.    Duty of disposition; gift of whole body.  
 When the gift is of the whole body, after it has served the 
 purpose of the gift, subject to the terms of the gift, the body 
 shall be decently buried in a public or private cemetery or 
 cremated and disposed of in any lawful manner and the expense of 
 transporting and burying or cremating the body shall be borne by 
 the donee of the body.  Where the donee allows embalming of the 
 body and a funeral service prior to delivery of the body for 
 gift purposes, this chapter applies until the body is delivered 
 to the donee pursuant to the gift.  Where the donee takes 
 immediate delivery of the body pursuant to the gift, the donee 
 must complete and file the death certificate.  If the donee does 
 not accept the gift of the body, the right to control, duty of 
 disposition, and liability for disposition shall be in 
 accordance with section 149A.80. 

    HIST: 1997 c 215 s 35 

     149A.90 Death; registration and removal from place of 
  death. 

    Subdivision 1.    Death certificate.  Except as provided 
 in this section, a death certificate must be completed and filed 
 for every known death by the mortician, funeral director, or 
 other person lawfully in charge of the disposition of the body. 

    Subd. 2.    Removal from place of death.  No person 
 subject to regulation under this chapter shall remove or cause 
 to be removed any dead human body from the place of death 
 without being licensed by the commissioner.  Every dead human 
 body shall be removed from the place of death by a licensed 
 mortician or funeral director, except as provided in section 
 149A.01, subdivision 3. 

    Subd. 3.    Referrals to coroner or medical examiner.  
 The mortician, funeral director, or other person lawfully in 
 charge of the disposition of the body shall notify the coroner 
 or medical examiner before moving a body from the site of death 
 in any case: 

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

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

    (3) where deaths occur under mysterious or unusual 
 circumstances; 

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

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

    (6) when the decedent was an inmate of a public institution 
 who was not hospitalized for organic disease. 

    Subd. 4.    Documentation of removal.  No dead human 
 body shall be removed from the place of death by a mortician or 
 funeral director without the completion of a removal 
 certification and, where possible, presentation of a copy of 
 that certification to the person or a representative of the 
 legal entity with physical or legal custody of the body at the 
 death site.  The removal certification may be on a form provided 
 by the commissioner or on any other form that contains, at 
 least, the following information: 

    (1) the name of the deceased, if known; 

    (2) the date and time of removal; 

    (3) a brief listing of the type and condition of any 
 personal property removed with the body; 

    (4) the location to which the body is being taken; 

    (5) the name, business address, and license number of the 
 individual making the removal; and 

    (6) the signatures of the individual making the removal 
 and, where possible, the individual or representative of the 
 legal entity with physical or legal custody of the body at the 
 death site. 

    Subd. 5.    Retention of documentation of removal.  A 
 copy of the removal certification shall be given, where 
 possible, to the person or representative of the legal entity 
 having physical or legal custody of the body at the death site.  
 The original removal certification shall be retained by the 
 individual making the removal and shall be kept on file, at the 
 funeral establishment or crematory to which the body was taken, 
 for a period of three calendar years following the date of the 
 removal.  Following this period, and subject to any other laws 
 requiring retention of records, the funeral establishment or 
 crematory may then place the records in storage or reduce them 
 to microfilm, microfiche, laser disc, or any other method that 
 can produce an accurate reproduction of the original record, for 
 retention for a period of ten calendar years from the date of 
 the removal of the body.  At the end of this period and subject 
 to any other laws requiring retention of records, the funeral 
 establishment or crematory may destroy the records by shredding, 
 incineration, or any other manner that protects the privacy of 
 the individuals identified in the records. 

    Subd. 6.    Removal procedure.  Every individual 
 removing a dead human body from the place of death shall use 
 universal precautions and otherwise exercise all reasonable 
 precautions to minimize the risk of transmitting any 
 communicable disease from the body.  Before removal, the body 
 shall be wrapped in a sheet that is impervious to liquids, 
 covered in such a manner that the body cannot be viewed, encased 
 in a secure pouch, and placed on a regulation ambulance cot or 
 on an aircraft ambulance stretcher.  Any dead human body 
 measuring 36 inches or less in length may be removed after 
 having been properly wrapped, covered, and encased, but does not 
 need to be placed on an ambulance cot or aircraft ambulance 
 stretcher. 

    Subd. 7.    Conveyances permitted for removal.  A dead 
 human body may be transported from the place of death by any 
 vehicle that meets the following standards: 

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

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

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

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

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

    Subd. 8.    Proper holding facility required.  The 
 funeral establishment or crematory to which a dead human body is 
 taken shall have an appropriate holding facility for storing the 
 body while awaiting final disposition.  The holding facility 
 must be secure from access by anyone except the authorized 
 personnel of the funeral establishment or crematory, preserve 
 the dignity of the remains, and protect the health and safety of 
 the funeral establishment or crematory personnel. 

    HIST: 1997 c 215 s 36 

     149A.91 Preparation of body. 

    Subdivision 1.    Universal precautions.  In handling 
 and preparing dead human bodies for final disposition, any 
 person who comes in direct contact with an unembalmed dead human 
 body or who enters a room where dead human bodies are embalmed, 
 shall use universal precautions and otherwise exercise all 
 reasonable precautions to minimize the risk of transmitting any 
 communicable disease from the body.  All persons present in a 
 preparation and embalming room while a body is being prepared 
 for final disposition must be attired in accordance with all 
 applicable state and federal regulations regarding the control 
 of infectious disease and occupational and workplace health and 
 safety. 

    Subd. 2.    Preparation procedures; access to preparation 
 room.  The preparation of a dead human body for final 
 disposition shall be performed in privacy.  No person shall be 
 permitted to be present in the preparation room while a dead 
 human body is being embalmed, washed, or otherwise prepared for 
 final disposition, except: 

    (1) licensed morticians or funeral directors and their 
 authorized agents and employees; 

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

    (3) public officials or representatives in the discharge of 
 their official duties; 

    (4) licensed medical personnel; and 

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

    Subd. 3.    Embalming required.  A dead human body must 
 be embalmed by a licensed mortician in the following 
 circumstances: 

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

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

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

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

    Subd. 4.    Authorization to embalm.  No dead human body 
 shall be embalmed without written authorization.  Written 
 authorization to embalm a dead human body must be obtained from 
 the individual lawfully entitled to custody of the body or the 
 individual's legal designee as soon as is practicable following 
 the death.  Oral permission to embalm shall constitute an 
 effective authorization to embalm if the individual seeking 
 permission uses the word "embalm," briefly explains the nature 
 of embalming, and briefly outlines the existing laws regulating 
 the timing and reasons for embalming, and obtains written 
 authorization as soon as is possible thereafter.  The original 
 written authorization to embalm shall be maintained in the 
 records of the funeral establishment that causes the embalming 
 to be performed and a copy of the authorization must be 
 delivered to the person who has legal right to control the 
 disposition or that person's legal designee.  Predeath 
 directives authorizing embalming, duly executed by the deceased, 
 shall be given full legal effect and shall constitute an 
 effective authorization to embalm under this subdivision.  When 
 embalming is required by subdivision 3, permission to embalm 
 shall, as a matter of law, be implied. 

    Subd. 5.    Authorization to embalm; required form.  A 
 written authorization to embalm must contain the following 
 information: 

    (1) the date of the authorization; 

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

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

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

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

    (6) the signature of the person requesting the 
 authorization and that person's relationship to the funeral 
 establishment where the procedure will be performed; and 

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

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

    Subd. 7.    Embalming chemicals; prohibited compounds.  
 Embalming fluid containing compounds of arsenic, mercury, zinc, 
 silver, or other poisonous metals shall not be sold in Minnesota 
 or used for or in the embalming of any dead human body. 

    Subd. 8.    Minimum standards for embalming.  In every 
 case where a dead human body is embalmed, standards of 
 performance known to and accepted in the practice of mortuary 
 science shall be followed to ensure the inhibition of pathogenic 
 organisms in the dead human body. 

    Subd. 9.    Embalmed bodies awaiting disposition.  All 
 embalmed bodies awaiting final disposition shall be kept in an 
 appropriate holding facility or preparation and embalming room. 
 The holding facility must be secure from access by anyone except 
 the authorized personnel of the funeral establishment, preserve 
 the dignity and integrity of the body, and protect the health 
 and safety of the personnel of the funeral establishment. 

    Subd. 10.    Required records.  Every funeral 
 establishment that causes a dead human body to be embalmed shall 
 create and maintain on its premises or other business location 
 in Minnesota an accurate record of every embalming performed.  
 The record shall include all of the following information for 
 each embalming: 

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

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

    (3) the reason for embalming the body; 

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

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

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

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

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

    Subd. 11.    Retention of records.  Records required 
 under subdivision 10 shall be maintained for a period of three 
 calendar years after the embalming of the body.  Following this 
 period and subject to any other laws requiring retention of 
 records, the funeral establishment may then place the records in 
 storage or reduce them to microfilm, microfiche, laser disc, or 
 any other method that can produce an accurate reproduction of 
 the original record, for retention for a period of ten calendar 
 years from the date of the embalming of the body.  At the end of 
 this period and subject to any other laws requiring retention of 
 records, the funeral establishment may destroy the records by 
 shredding, incineration, or any other manner that protects the 
 privacy of the individuals identified in the records. 

    HIST: 1997 c 215 s 37 

     149A.92 Preparation and embalming room. 

    Subdivision 1.    Exemption.  All funeral establishments 
 having a preparation and embalming room that has not been used 
 for the preparation or embalming of a dead human body in the 12 
 calendar months prior to July 1, 1997, are exempt from the 
 minimum requirements in subdivisions 2 to 6, except as provided 
 in this section.  At the time that ownership of a funeral 
 establishment changes, the physical location of the 
 establishment changes, or the building housing the funeral 
 establishment or business space of the establishment is 
 remodeled the existing preparation and embalming room must be 
 brought into compliance with the minimum standards in this 
 section. 

    Subd. 2.    Minimum requirements; general.  Every 
 funeral establishment must have a preparation and embalming 
 room.  The room shall be of sufficient size and dimensions to 
 accommodate a preparation or embalming table, an open fixture 
 with water connections, and an instrument table, cabinet, or 
 shelves. 

    Subd. 3.    Minimum requirements; lighting and 
 ventilation.  The room shall be properly lit and ventilated 
 with an exhaust fan that provides at least 12 air changes per 
 hour and is located so that air is drawn away from the person 
 performing the preparation. 

    Subd. 4.    Minimum requirements; plumbing connections.  
 All plumbing fixtures, water supply lines, plumbing vents, and 
 waste drains shall be properly vented and connected pursuant to 
 the Minnesota Plumbing Code.  Where a municipal sewerage system 
 is available, the building drainage system shall be discharged 
 into that system.  Where a municipal system is not available, 
 the building system must be discharged into an approved private 
 system of waste disposal. 

    Subd. 5.    Minimum requirements; flooring, walls, 
 ceiling, doors, and windows.  All preparation and embalming 
 rooms shall have nonporous flooring, so that a sanitary 
 condition is provided.  The walls and ceiling of the preparation 
 and embalming room shall run from floor to ceiling and be 
 covered with tile, or by plaster or sheetrock painted with 
 washable paint, or other appropriate material so that a sanitary 
 condition is provided.  The doors, walls, ceiling, and windows 
 shall be constructed to prevent odors from entering any other 
 part of the building.  All windows or other openings to the 
 outside must be screened and all windows must be treated in a 
 manner that prevents viewing into the preparation room from the 
 outside. 

    Subd. 6.    Minimum requirements; equipment and supplies. 
  The preparation and embalming room must have a preparation 
 and embalming table and a functional aspirator.  The preparation 
 and embalming table shall have a nonporous top, preferably of 
 rustproof metal or porcelain, with raised edges around the top 
 of the entire table and a drain opening at the lower end.  Where 
 embalmings are actually performed in the room, the room must be 
 equipped with a functional method for injection of fluids, an 
 eye wash station, and sufficient supplies and instruments for 
 normal operation.  All supplies must be stored and used in 
 accordance with all applicable state and federal regulations for 
 occupational health and safety. 

    Subd. 7.    Access and privacy.  The preparation and 
 embalming room must be private and have no general passageway 
 through it.  The room shall, at all times, be secure from the 
 entrance of unauthorized persons.  Authorized persons are those 
 persons described in section 149A.91, subdivision 2.  Each door 
 allowing ingress or egress shall carry a sign that indicates 
 that the room is private and access is limited.  All authorized 
 persons who are present in or enter a preparation and embalming 
 room while a body is being prepared for final disposition must 
 be attired in accordance with all applicable state and federal 
 regulations regarding the control of infectious disease and 
 occupational and workplace health and safety. 

    Subd. 8.    Sanitary conditions and permitted use.  The 
 preparation and embalming room and all fixtures, equipment, 
 instruments, receptacles, clothing, and other appliances or 
 supplies stored or used in the room must be maintained in a 
 clean and sanitary condition at all times.  A preparation and 
 embalming room shall not be used for any other purposes. 

    Subd. 9.    Waste disposal.  Infectious and pathological 
 waste generated in preparation of the body shall be handled and 
 disposed of according to the Infectious Waste Control Act, 
 sections 116.75 to 116.83, and packaged for disposal in the 
 manner prescribed by rules. 

    Subd. 10.    Occupational and workplace safety.  All 
 applicable provisions of state and federal regulations regarding 
 exposure to workplace hazards and accidents shall be followed in 
 order to protect the health and safety of all authorized persons 
 who enter the preparation and embalming room. 

    HIST: 1997 c 215 s 38 

     149A.93 Transportation of dead human bodies. 

    Subdivision 1.    Permits required.  After removal from 
 the place of death to any location where the body is held 
 awaiting final disposition, further transportation of the body 
 shall require a disposition or transit permit issued by the 
 local registrar of the place of death, a subregistrar as defined 
 by Minnesota Rules, part 4600.0100, subpart 5, or, if necessary 
 to avoid delay, the commissioner.  Permits shall contain the 
 information required on the permit form as furnished by the 
 commissioner and shall be signed by the local registrar or 
 subregistrar and the person in legal custody of the body, and, 
 where appropriate, the mortician, intern, or practicum student 
 who embalmed the body, the person in charge of the conveyance in 
 which the body will be moved, or the person in charge of the 
 place of final disposition.  Where a funeral establishment name 
 is used in signing a permit, it must be supported by the 
 personal signature of a licensee employed by the funeral 
 establishment. 

    Subd. 2.    Transit permit.  A transit permit shall be 
 required when a body is to be: 

    (1) moved within a registration district and legal and 
 physical custody of the body is transferred; 

    (2) removed from a registration district; 

    (3) removed from the county where the death occurred; 

    (4) transported by public transportation; or 

    (5) removed from the state. 

    Subd. 3.    Disposition permit.  A disposition permit 
 shall be required before a body can be buried, entombed, or 
 cremated, or when a body will be retained for more than five 
 calendar days.  No disposition permit shall be issued until a 
 death certificate has been completed or the issuing authority 
 receives firm assurances that the death certificate will be 
 completed within a reasonable amount of time not to exceed seven 
 calendar days from the issuance of the permit. 

    Subd. 4.    Possession of permit.  Until the body is 
 delivered for final disposition, the permit shall be in 
 possession of the person in physical or legal custody of the 
 body, or attached to the transportation container which holds 
 the body.  At the place of final disposition, legal custody of 
 the body shall pass with the filing of the disposition permit 
 with the person in charge of that place, the health board 
 authorized under section 145A.04, where local disposition 
 permits are required, or the commissioner where there is no 
 legal entity in charge of the place of final disposition. 

    Subd. 5.    Death outside state; disposition permit.  
 When a death occurs outside of the state and the body travels 
 into or through this state, the body must be accompanied by a 
 permit for burial, removal, or other disposition issued in 
 accordance with the laws and rules of the state where the death 
 occurred.  The properly issued permit from the state where the 
 death occurred shall authorize the transportation of the body 
 into or through this state, but before final disposition in this 
 state, a separate Minnesota disposition permit must be issued 
 and filed, together with the foreign permit, according to 
 subdivision 4. 

    Subd. 6.    Conveyances permitted for transportation.  A 
 dead human body may be transported by means of public 
 transportation provided that the body must be properly embalmed 
 and encased in an appropriate container, or by any private 
 vehicle or aircraft that meets the following standards: 

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

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

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

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

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

    Subd. 7.    Transportation procedures.  When a dead 
 human body is transported by public transportation, it must be 
 properly embalmed and enclosed in a casket or alternative 
 container and an appropriate outside shipping container.  When 
 transportation is by any private vehicle or aircraft, the 
 outside shipping container may be omitted or the casket or 
 alternative container and the outside container may both be 
 omitted and, in such case, the body shall be wrapped in a sheet 
 that is impervious to liquids, covered in such a manner that the 
 body cannot be viewed, encased in a secure pouch, and placed on 
 a regulation ambulance cot or on an aircraft ambulance stretcher.

    Subd. 8.    Who may transport.  Subject to section 
 149A.09, a dead human body need not be transported under the 
 direct, personal supervision of a licensed mortician or funeral 
 director.  In circumstances where there is no reasonable 
 probability that unlicensed personnel will encounter family 
 members or other persons with whom funeral arrangements are 
 normally made by licensed morticians or funeral directors, a 
 dead human body may be transported without the direct, personal 
 supervision of a licensed mortician.  Any inadvertent contact 
 with family members or other persons as described above shall be 
 restricted to unlicensed personnel identifying the employer to 
 the person encountered, offering to arrange an appointment with 
 the employer for any person who indicates a desire to make 
 funeral arrangements for the deceased, and making any disclosure 
 to the person that is required by state or federal regulations.  
 A licensed mortician or funeral director who directs the 
 transport of a dead human body without providing direct, 
 personal supervision shall be held strictly accountable for 
 compliance with this chapter. 

    Subd. 9.    Embalming required.  Except as provided in 
 section 149A.94, subdivision 2, a dead human body that is being 
 transported by public transportation or will not be buried, 
 cremated, or entombed within 72 hours following death or release 
 by a competent authority with jurisdiction over the body must be 
 properly embalmed. 

    HIST: 1997 c 215 s 39 

     149A.94 Final disposition. 

    Subdivision 1.    Generally.  Every dead human body 
 lying within the state, except those delivered for dissection 
 pursuant to section 525.9213, those delivered for anatomical 
 study pursuant to section 149A.81, subdivision 2, or lawfully 
 carried through the state for the purpose of disposition 
 elsewhere; and the remains of any dead human body after 
 dissection or anatomical study, shall be decently buried, 
 entombed, or cremated, within a reasonable time after death.  
 Where final disposition of a body will not be accomplished 
 within 72 hours following death or release of the body by a 
 competent authority with jurisdiction over the body, the body 
 must be properly embalmed.  For purposes of this section, 
 refrigeration is not considered a form of preservation or 
 disinfection and does not alter the 72-hour requirement, except 
 as provided in subdivision 2. 

    Subd. 2.    Cremation exceptions.  The 72-hour 
 requirement does not apply when a body properly delivered to a 
 crematory cannot be cremated within the time constraints imposed 
 by law for reasons of mechanical failure of the cremation 
 chamber or timeliness of delivery.  Should a crematory accept 
 delivery of a body later than 67 hours following the death or 
 release of the body by a competent authority with jurisdiction 
 over the body or experience such mechanical failure, the 
 properly delivered body, whether embalmed or not, must be 
 maintained in a secure holding facility at a temperature within 
 the range of 34 and 40 degrees Fahrenheit until cremation can be 
 accomplished.  If cremation cannot be accomplished within five 
 calendar days after death or release of the body, the crematory 
 must obtain a permit to retain the body pursuant to section 
 149A.93, subdivision 3.  No body may be kept in refrigeration 
 for a period that exceeds seven calendar days from receipt of 
 the body by the crematory. If cremation cannot be accomplished 
 within the seven calendar day period, arrangements must be made 
 to have the body transported to an alternate crematory for final 
 disposition. 

    Subd. 3.    Permit required.  No dead human body shall 
 be buried, entombed, or cremated without the filing of a 
 properly issued permit with the person in charge of the place of 
 final disposition.  Where a dead human body will be transported 
 out of this state for final disposition, the body must be 
 accompanied by a properly issued disposition permit. 

    Subd. 4.    Cremation.  Inurnment of cremated remains 
 and release to an appropriate party is considered final 
 disposition and no further permits or authorizations are 
 required for transportation, interment, entombment, or placement 
 of the cremated remains, except as provided in section 149A.95, 
 subdivision 16. 

    HIST: 1997 c 215 s 40 

     149A.95 Crematories and cremation. 

    Subdivision 1.    License required.  No person shall 
 cremate a dead human body or cause any dead human body to be 
 cremated in this state without being licensed by the 
 commissioner of health. 

    Subd. 2.    General requirements.  Any building to be 
 used as a crematory must comply with all applicable local and 
 state building codes, zoning laws and ordinances, and 
 environmental standards.  A crematory must have, on site, a 
 motorized mechanical device for processing cremated remains and 
 must have, in the building or adjacent to it, a holding facility 
 for the retention of dead human bodies awaiting cremation.  The 
 holding facility must be secure from access by anyone except the 
 authorized personnel of the crematory, preserve the dignity of 
 the remains, and protect the health and safety of the crematory 
 personnel. 

    Subd. 3.    Unlicensed personnel.  A licensed crematory 
 may employ unlicensed personnel, provided that all applicable 
 provisions of this chapter are followed.  It is the duty of the 
 licensed crematory to provide proper training for all unlicensed 
 personnel and the licensed crematory shall be strictly 
 accountable for compliance with this chapter and other 
 applicable state and federal regulations regarding occupational 
 and workplace health and safety. 

    Subd. 4.    Authorization to cremate required.  No 
 crematory shall cremate or cause to be cremated any dead human 
 body without receiving written authorization to do so from the 
 person who has the legal right to control disposition as 
 described in section 149A.80 or the person's legal designee.  
 The written authorization must include: 

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

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

    (3) the name, address, relationship to the deceased, and 
 signature of the person with legal right to control final 
 disposition or a legal designee; 

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

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

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

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

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

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

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

    Subd. 5.    Limitation of liability.  A licensed 
 crematory acting in good faith, with reasonable reliance upon an 
 authorization to cremate, pursuant to an authorization to 
 cremate, and in an otherwise lawful manner shall be held 
 harmless from civil liability and criminal prosecution for any 
 actions taken by the crematory. 

    Subd. 6.    Acceptance of delivery of body.  No dead 
 human body shall be accepted for disposition by cremation unless 
 encased in an appropriate cremation container or casket, 
 accompanied by a disposition permit issued pursuant to section 
 149A.93, subdivision 3, including a photocopy of the completed 
 death certificate or a signed release authorizing cremation of 
 the body received from the coroner or medical examiner, and 
 accompanied by a cremation authorization that complies with 
 subdivision 4.  A crematory may refuse to accept delivery of a 
 cremation container where there is: 

    (1) evidence of leakage of fluids from the body; 

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

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

    (4) any other lawful reason. 

    Subd. 7.    Handling of dead human bodies.  All 
 crematory employees handling dead human bodies shall use 
 universal precautions and otherwise exercise all reasonable 
 precautions to minimize the risk of transmitting any 
 communicable disease from the body.  No dead human body shall be 
 removed from the container in which it is delivered to the 
 crematory without express written authorization of the person 
 with legal right to control the disposition.  If, after 
 accepting delivery of a body for cremation, it is discovered 
 that the body contains an implanted mechanical or radioactive 
 device, that device must be removed from the body by a licensed 
 mortician or physician prior to cremation. 

    Subd. 8.    Identification of body.  All licensed 
 crematories shall develop, implement, and maintain an 
 identification procedure whereby dead human bodies can be 
 identified from the time the crematory accepts delivery of the 
 remains until the cremated remains are released to an authorized 
 party.  After cremation, an identifying disk, tab, or other 
 permanent label shall be placed within the cremated remains 
 container before the cremated remains are released from the 
 crematory.  Each identification disk, tab, or label shall have a 
 number that shall be recorded on all paperwork regarding the 
 decedent.  This procedure shall be designed to reasonably ensure 
 that the proper body is cremated and that the cremated remains 
 are returned to the appropriate party. 

    Subd. 9.    Cremation chamber for human remains.  A 
 licensed crematory shall knowingly cremate only dead human 
 bodies or human remains in a cremation chamber, along with the 
 cremation container or casket and a sheet or pouch used for 
 disease control. 

    Subd. 10.    Cremation procedures; privacy.  The final 
 disposition of dead human bodies by cremation shall be done in 
 privacy.  Unless there is written authorization from the person 
 with the legal right to control the disposition, only authorized 
 crematory personnel shall be permitted in the cremation area 
 while any dead human body is in the cremation area awaiting 
 cremation, in the cremation chamber, being removed from the 
 cremation chamber, or being processed and placed in a cremated 
 remains container. 

    Subd. 11.    Cremation procedures; commingling of remains 
 prohibited.  Except with the express written permission of the 
 person with legal right to control the disposition, no crematory 
 shall cremate more than one dead human body at the same time and 
 in the same cremation chamber, or introduce a second dead human 
 body into a cremation chamber until reasonable efforts have been 
 employed to remove all fragments of the preceding cremated 
 remains, or cremate a dead human body and other human remains at 
 the same time and in the same cremation chamber.  This section 
 does not apply where commingling of human remains during 
 cremation is otherwise provided by law.  The fact that there is 
 incidental and unavoidable residue in the cremation chamber used 
 in a prior cremation is not a violation of this subdivision. 

    Subd. 12.    Cremation procedures; removal from cremation 
 chamber.  Upon completion of the heat and flame reduction 
 process, reasonable efforts shall be made to remove from the 
 cremation chamber all of the recoverable cremated human remains 
 and noncombustible materials or items.  If possible, the 
 noncombustible materials or items shall be separated from the 
 cremated human remains and disposed of, in any lawful manner, by 
 the crematory.  The cremated human remains shall be placed in an 
 appropriate container to be transported to the processing area. 

    Subd. 13.    Cremation procedures; commingling of cremated 
 remains prohibited.  Except with the express written 
 permission of the person with legal right to control the 
 disposition or otherwise provided by law, no crematory shall 
 mechanically process the cremated human remains of more than one 
 body at a time in the same mechanical processor, or introduce 
 the cremated human remains of a second body into a mechanical 
 processor until processing of any preceding cremated human 
 remains has been terminated and reasonable efforts have been 
 employed to remove all fragments of the preceding cremated 
 remains.  The fact that there is incidental and unavoidable 
 residue in the mechanical processor or any container used in a 
 prior cremation is not a violation of this provision. 

    Subd. 14.    Cremation procedures; processing cremated 
 remains.  The cremated human remains shall be reduced by a 
 motorized mechanical device to a granulated appearance 
 appropriate for final disposition and placed in a cremated 
 remains container along with the appropriate identifying disk, 
 tab, or label. 

    Subd. 15.    Cremation procedures; container of 
 insufficient capacity.  If a cremated remains container is of 
 insufficient capacity to accommodate all cremated remains of a 
 given dead human body, subject to directives provided in the 
 written authorization to cremate, the crematory shall place the 
 excess cremated remains in a secondary cremated remains 
 container and attach the second container, in a manner so as not 
 to be easily detached through incidental contact, to the primary 
 cremated remains container.  The secondary container shall 
 contain a duplicate of the identification disk, tab, or label 
 that was placed in the primary container and all paperwork 
 regarding the given body shall include a notation that the 
 cremated remains were placed in two containers. 

    Subd. 16.    Disposition procedures; commingling of 
 cremated remains prohibited.  No cremated remains shall be 
 disposed of or scattered in a manner or in a location where the 
 cremated remains are commingled with those of another person 
 without the express written permission of the person with the 
 legal right to control disposition or as otherwise provided by 
 law.  This subdivision does not apply to the burial of cremated 
 remains at sea from individual containers, to the scattering or 
 burial of cremated remains in a dedicated cemetery, to the 
 disposal in a dedicated cemetery of accumulated residue removed 
 from a cremation chamber or other cremation equipment, to the 
 inurnment of members of the same family in a common container 
 designed for the cremated remains of more than one body, or to 
 the inurnment in a container or interment in a space that has 
 been previously designated, at the time of sale or purchase, as 
 being intended for the inurnment or interment of the cremated 
 remains of more than one person. 

    Subd. 17.    Cremation procedures; disposition of 
 accumulated residue.  Every crematory shall provide for the 
 removal and disposition in a dedicated cemetery of any 
 accumulated residue from any cremation chamber, mechanical 
 processor, container, or other equipment used in cremation. 
 Disposition of accumulated residue shall be in accord with the 
 regulations of the dedicated cemetery and any applicable local 
 ordinances. 

    Subd. 18.    Cremation procedures; release of cremated 
 remains.  Following completion of the cremation, the inurned 
 cremated remains shall be released according to the instructions 
 given on the written authorization to cremate.  If the cremated 
 remains are to be shipped, they must be securely packaged and 
 transported by a method which has an internal tracing system 
 available and which provides for a receipt signed by the person 
 accepting delivery.  Where there is a dispute over release or 
 disposition of the cremated remains, a crematory may deposit the 
 cremated remains with a court of competent jurisdiction pending 
 resolution of the dispute or retain the cremated remains until 
 the person with the legal right to control disposition presents 
 satisfactory indication that the dispute is resolved. 

    Subd. 19.    Unclaimed cremated remains.  If, after 30 
 calendar days following the inurnment, the cremated remains are 
 not claimed or disposed of according to the written 
 authorization to cremate, the crematory or funeral establishment 
 shall give written notice, by certified mail, to the person with 
 the legal right to control the final disposition or a legal 
 designee, that the cremated remains are unclaimed and requesting 
 further release directions.  Should the cremated remains be 
 unclaimed 120 calendar days following the mailing of the written 
 notification, the crematory or funeral establishment may dispose 
 of the cremated remains in any lawful manner deemed appropriate. 

    Subd. 20.    Required records.  Every crematory shall 
 create and maintain on its premises or other business location 
 in Minnesota an accurate record of every cremation provided.  
 The record shall include all of the following information for 
 each cremation: 

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

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

    (3) the date of acceptance of delivery; 

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

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

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

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

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

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

    Subd. 21.    Retention of records.  Records required 
 under subdivision 20 shall be maintained for a period of three 
 calendar years after the release of the cremated remains. 
 Following this period and subject to any other laws requiring 
 retention of records, the crematory may then place the records 
 in storage or reduce them to microfilm, microfiche, laser disc, 
 or any other method that can produce an accurate reproduction of 
 the original record, for retention for a period of ten calendar 
 years from the date of release of the cremated remains.  At the 
 end of this period and subject to any other laws requiring 
 retention of records, the crematory may destroy the records by 
 shredding, incineration, or any other manner that protects the 
 privacy of the individuals identified. 

    HIST: 1997 c 215 s 41 

     149A.96 Disinterment and reinterment. 

    Subdivision 1.    Written authorization.  Except as 
 provided in this section, no dead human body or human remains 
 shall be disinterred and reinterred without the written 
 authorization of the person or persons legally entitled to 
 control the body or remains and a 
 disinterment-transit-reinterment permit properly issued by the 
 local registrar or subregistrar.  Permits shall contain the 
 information required on the permit form as furnished by the 
 commissioner and shall be signed by the local registrar or 
 subregistrar and the person in legal custody of the body, and, 
 where appropriate, the mortician, intern, or practicum student 
 who embalmed the body, the person in charge of the conveyance in 
 which the body will be moved, or the person in charge of the 
 place of final disposition.  Where a funeral establishment name 
 is used in signing a permit, it must be supported by the 
 personal signature of a licensee employed by the funeral 
 establishment. 

    Subd. 2.    Interment defined.  For purposes of this 
 section, "interment" means final disposition by burial or 
 entombment.  Bodies held in a receiving vault for nonwinter 
 burials pursuant to a directive from the person or persons with 
 legal right to control final disposition and section 306.99 
 shall not be considered interred for purposes of this section. 

    Subd. 3.    Exception; movement within a dedicated 
 cemetery.  The authorities in charge of a cemetery may 
 disinter and reinter a body or remains within the same dedicated 
 cemetery upon receipt of the written and notarized authorization 
 of the person or persons with the right to control the 
 disposition as described in section 149A.80. 

    Subd. 4.    Disinterment procedure; removal from dedicated 
 cemetery.  No dead human body or human remains shall be 
 disinterred and removed from a dedicated cemetery for 
 reinterment elsewhere without a written and notarized 
 authorization from the person or persons with the legal right to 
 control the disposition and a disinterment-transit-reinterment 
 permit issued by the local registrar or subregistrar.  The 
 person or persons requesting the disinterment and reinterment 
 must obtain a copy of the death certificate showing the manner 
 and location of final disposition.  The copy of the death 
 certificate along with written and notarized authorization to 
 disinter and reinter obtained from the person or persons with 
 legal right to control the body as expressed in section 149A.80, 
 and a written and notarized statement of the reasons for 
 requesting disinterment, the manner in which the body or remains 
 will be disinterred and transported, the location of 
 reinterment, and whether there are any known parties who oppose 
 the disinterment shall be submitted to the registrar or a 
 subregistrar in the registration district or county where the 
 body or remains are interred.  If the request for disinterment 
 is unopposed, the registrar or subregistrar shall issue a 
 disinterment-transit-reinterment permit.  If the disinterment is 
 opposed, no permit shall issue until the registrar or 
 subregistrar receives a certified copy of a court order showing 
 reasonable cause to disinter. 

    Subd. 5.    Reasonable cause to disinter; factors to be 
 considered.  A presumption against removal operates against 
 anyone who seeks to have a body or remains disinterred.  To 
 overcome the presumption, the party requesting disinterment must 
 show reasonable cause for disinterment.  A district court in the 
 district where the body or remains are interred shall consider 
 the following factors when deciding whether reasonable cause for 
 disinterment exists: 

    (1) the degree of relationship that the party seeking 
 disinterment bears to the body or remains; 

    (2) the degree of relationship that the party seeking to 
 prevent disinterment bears to the body or remains; 

    (3) if applicable, the expressed wishes of the decedent; 

    (4) the conduct of the party requesting disinterment, 
 especially as it may relate to the circumstances of the original 
 interment; 

    (5) the conduct of the party opposing disinterment, 
 especially as it may relate to the circumstances of the original 
 interment; 

    (6) the length of time that has elapsed since the original 
 interment; 

    (7) the strength of the reasons offered both in favor of 
 and in opposition to disinterment; and 

    (8) the integrity and capacity of the party seeking 
 disinterment to provide a secure and comparable resting place 
 for the body or remains. 

    Subd. 6.    Transportation of disinterred bodies.  All 
 disinterred bodies or remains removed from a dedicated cemetery 
 shall be transported in an appropriate container and manner. 

    Subd. 7.    Filing of documentation of disinterment and 
 reinterment.  The cemetery where the body or remains were 
 originally interred shall retain a copy of the 
 disinterment-transit-reinterment permit, the authorization to 
 disinter, the death certificate, and, if applicable, the court 
 order showing reasonable cause to disinter.  Until the body or 
 remains are reinterred the original permit and other 
 documentation shall be in the possession of the person in 
 physical or legal custody of the body or remains, or attached to 
 the transportation container which holds the body or remains.  
 At the time of reinterment, the permit and other documentation 
 shall be filed according to the laws, rules, or regulations of 
 the state or country where reinterment occurs.  Where the body 
 or remains are to be removed from a dedicated cemetery for 
 reinterment elsewhere, the authority issuing the 
 disinterment-transit-reinterment permit shall forward a 
 photocopy of the issued permit to the commissioner to be filed 
 with the original death certificate. 

    Subd. 8.    Opening of disinterred caskets or alternative 
 containers.  The opening of any disinterred casket or 
 alternative container is prohibited except when so ordered by a 
 court of competent jurisdiction. 

    Subd. 9.    Cremated remains.  Subject to section 
 149A.95, subdivision 16, inurnment of the cremated remains and 
 release to an appropriate party is considered final disposition 
 and no further permits or authorizations are required for 
 disinterment, transportation, or placement of the cremated 
 remains. 

    Subd. 10.    Penalty for noncompliance.  In addition to 
 any disciplinary action or measures taken by the commissioner 
 pursuant to this chapter, any person violating this section may 
 be guilty of a felony pursuant to section 307.08, subdivision 2. 

    HIST: 1997 c 215 s 42 

     149A.97 Preneed arrangements. 

    Subdivision 1.    Purpose and intent.  It is the intent 
 of the legislature that this section be construed as a 
 limitation upon the manner in which a funeral provider is 
 permitted to accept funds in prepayment of funeral services or 
 burial site services to be performed in the future or in 
 prepayment of funeral or burial goods to be used in connection 
 with the final disposition of human remains.  It is further 
 intended to allow members of the public to arrange and pay for 
 funeral goods, funeral services, burial site goods, or burial 
 site services for themselves and their families in advance of 
 need while at the same time providing all possible safeguards so 
 that the prepaid funds cannot be dissipated, whether 
 intentionally or not, so as to be available for the payment of 
 the services and goods selected. 

    Subd. 2.    Scope and requirements.  This section shall 
 not apply to any funeral goods or burial site goods purchased 
 and delivered, either at purchase or within a commercially 
 reasonable amount of time thereafter.  When prior to the death 
 of any person, that person or another, on behalf of that person, 
 enters into any transaction, makes a contract, or any series or 
 combination of transactions or contracts with a funeral provider 
 lawfully doing business in Minnesota, other than an insurance 
 company licensed to do business in Minnesota selling approved 
 insurance or annuity products, by the terms of which, goods or 
 services related to the final disposition of that person will be 
 furnished at-need, then the total of all money paid by the terms 
 of the transaction, contract, or series or combination of 
 transactions or contracts shall be held in trust for the purpose 
 for which it has been paid.  The person for whose benefit the 
 money was paid shall be known as the beneficiary, the person or 
 persons who paid the money shall be known as the purchaser, and 
 the funeral provider shall be known as the depositor. 

    Subd. 3.    Nature of trust.  Except as provided in this 
 section, nothing in this section shall abate the rights, duties, 
 and powers granted under chapters 501B and 520.  A trust created 
 for the holding of preneed arrangement funds shall be revocable, 
 in its entirety, unless specifically limited by the person 
 purchasing the preneed funeral goods, funeral services, burial 
 site goods, or burial site services.  If the purchaser chooses 
 to limit the revocability of the trust funds, the limitation 
 must be declared in the trust instrument and must be limited to 
 an amount equivalent to the allowable supplemental security 
 income asset exclusion used for determining eligibility for 
 public assistance at the time the trust is created.  

    Subd. 3a.    Requirements for preneed funeral agreements. 
  It is unlawful for any person residing or doing business in 
 this state to enter a preneed funeral agreement unless the 
 agreement: 

    (1) is written in clear, understandable language and 
 printed in a type that is easy to read in size and style; 

    (2) contains a complete, itemized description of the 
 funeral goods, funeral services, burial site goods, or burial 
 site services selected or purchased, including, when 
 appropriate, manufacturer's name, model numbers, style numbers, 
 and description of the type of material used in construction; 

    (3) discloses clearly and conspicuously whether the prices 
 of the goods and services selected are guaranteed; 

    (4) discloses that funding options for a preneed funeral 
 agreement consist of either prepayment to the funeral provider 
 or the purchase of an insurance policy; 

    (5) discloses whether the funds received from the purchaser 
 are required to be placed in a trust and, if the funds are 
 required to be placed in a trust, provides the following 
 information: 

    (i) lists the location of the trust account, including the 
 name, address, and telephone number of the institution where the 
 money will be held and any identifying account numbers, the 
 amount of money to be trusted, and the names of the trustees; 
 and 

    (ii) advises the purchaser as to the disposition of the 
 interest from the trust and as to responsibility for taxes owed 
 on the interest; 

    (6) contains the names, addresses, and telephone numbers of 
 the Minnesota department of health as the regulatory agency for 
 preneed trust accounts and the Minnesota attorney general's 
 office as the regulatory agency that handles consumer 
 complaints; 

    (7) discloses clearly and conspicuously that any person who 
 makes payment under a preneed funeral agreement may cancel the 
 agreement subject to the procedures for cancellation specified 
 in subdivision 6a; 

    (8) contains the following statement, in bold-faced type 
 and a minimum size of ten points: 

    "Within 15 calendar days after receipt of any money 
 required to be held in trust, all such money must be deposited 
 in a banking institution, savings association, or credit union, 
 organized under state or federal laws, the accounts of which are 
 insured by an instrumentality of the federal government.  The 
 person for whose benefit the money was paid according to this 
 agreement shall be known as the beneficiary; the person or 
 persons who paid the money shall be known as the purchaser; and 
 the funeral provider shall be known as the depositor.  The money 
 must be carried in a separate account with the names of the 
 depositor and the purchaser as trustees for the beneficiary. 

    The preneed arrangement trust shall be considered an asset 
 of the purchaser until the death of the beneficiary.  At the 
 death of the beneficiary, the money in the trust shall be 
 considered an asset of the beneficiary's estate, to the extent 
 that the value of the trust exceeds the actual value for the 
 goods and services provided at-need.  This does not alter any 
 asset exclusion requirements that exist under federal law.  The 
 depositor as trustee must disclose in writing the location of 
 the trust account, including the name and address of the 
 institution where the money is being held and any identifying 
 account numbers, to the beneficiary when the money is deposited 
 and when there are any subsequent changes to the location of the 
 trust account."; 

    (9) for agreements with revocable trusts, contains the 
 following statement, in bold-faced type and a minimum size of 
 ten points: 

    "REVOCABLE TRUST: 

    The preneed arrangement trust being created by the 
 purchaser is revocable.  These trust funds, including all 
 principal and accrued interest, are the purchaser's assets.  The 
 purchaser may withdraw the principal and accrued interest at any 
 time prior to the death of the beneficiary.  At the death of the 
 beneficiary, the funds shall be distributed in their entirety, 
 principal plus accrued interest, with no fees retained by the 
 trustees as administrative fees.  The funds shall be distributed 
 for the payment of the at-need funeral goods, funeral services, 
 burial site goods, or burial site services selected, with any 
 excess funds distributed to the beneficiary's estate.  At any 
 time before or at the time of the beneficiary's death, the 
 purchaser may transfer the preneed arrangements and related 
 trust funds for use in the payment of funeral goods, funeral 
 services, burial site goods, or burial site services.  The 
 purchaser may not be charged any fee in connection with the 
 transfer of a preneed arrangement and trust funds."; 

    (10) for agreements with irrevocable trusts, contains the 
 following statement, in bold-faced type and a minimum size of 
 ten points: 

    "IRREVOCABLE TRUST: 

    A trust created to hold preneed arrangement funds is 
 revocable in its entirety unless specifically limited by the 
 purchaser.  The purchaser has chosen to create an irrevocable 
 trust in the amount of $ (insert the dollar amount of the 
 purchaser's irrevocable trust).  The revocable portion of this 
 trust fund is limited to that amount that exceeds the allowable 
 supplemental security income asset exclusion used for 
 determining eligibility for public assistance at the time the 
 trust is created.  The principal and accrued interest may not be 
 withdrawn from the trust prior to the beneficiary's death, 
 except to the extent that the trust funds exceed the irrevocable 
 trust limitation.  At the time of the beneficiary's death, the 
 funds shall be distributed in their entirety, principal plus 
 accrued interest, with no fees retained by the trustees as 
 administrative fees.  The funds shall be distributed for the 
 payment of the at-need funeral goods, funeral services, burial 
 site goods, or burial site services selected, with any excess 
 funds distributed to the beneficiary's estate.  At any time 
 prior to or at the time of the beneficiary's death, the 
 purchaser may transfer the preneed arrangements and trust funds 
 for use in the payment of funeral goods, funeral services, 
 burial site goods, or burial site services.  The purchaser may 
 not be charged any fee in connection with the transfer of a 
 preneed arrangement and trust funds."; 

    (11) provides that if the particular funeral goods, funeral 
 services, burial site goods, or burial site services specified 
 in the agreement are unavailable at the time of delivery, the 
 funeral provider must furnish goods and services similar in 
 style and at least equal in quality to the material and 
 workmanship of the goods or services specified and that the 
 representative of the beneficiary has the right to choose the 
 goods or services to be substituted; and 

    (12) contains an itemization of the sale of grave lots, 
 spaces, lawn crypts, niches, or mausoleum crypts separate from 
 all other goods and services selected. 

    Subd. 4.    Freedom of choice; designation of trustee.  
 The purchaser, regardless of whether the funds held in trust are 
 designated revocable or irrevocable, retains the right to 
 designate the trustee.  At any time prior to the death of the 
 beneficiary, the purchaser may designate a different trustee. 
 Upon the death of the beneficiary, subject to section 149A.80, 
 the rights of the purchaser vest in the individual with the 
 legal right to control the disposition of the remains of the 
 beneficiary.  The depositor as trustee shall not have the right 
 or power to designate another trustee prior to the death of the 
 beneficiary or subsequent to such death. 

    Subd. 4a.    Finance charges on preneed arrangements 
 prohibited.  Funeral providers are prohibited from assessing 
 finance charges on preneed arrangements. 

    Subd. 5.    Deposit of trust funds and disclosures.  
 Within 15 calendar days after receipt of any money required to 
 be held in trust, all of the money must be deposited in a 
 banking institution, savings or building and loan association, 
 or credit union, organized under state or federal laws, the 
 accounts of which are insured by an instrumentality of the 
 federal government.  The money must be carried in a separate 
 account with the name of the depositor and the purchaser as 
 trustees for the beneficiary.  The depositor as trustee shall 
 not have power to distribute funds, either principal or 
 interest, from the account until the death of the beneficiary, 
 subject to section 149A.80.  For purposes of this section, 
 distribute does not mean transferring the trust funds to 
 different investment accounts within an institution or between 
 institutions provided that the depositor as trustee does not 
 have sole access to the funds in a negotiable form.  This 
 section shall be construed to limit the depositor's access to 
 trust funds, in a negotiable form, prior to the death of a 
 beneficiary.  The preneed arrangements trust shall be considered 
 an asset of the purchaser until the death of the beneficiary, 
 whereupon the money shall be considered an asset of the estate 
 of the beneficiary, to the extent that the value of the trust 
 exceeds the actual value for the goods and services provided 
 at-need.  The location of the trust account, including the name 
 and address of the institution in which the money is being held 
 and any identifying account numbers, must be disclosed in 
 writing to the beneficiary by the depositor as trustee at the 
 time the money is deposited and when there are any subsequent 
 changes to the location of the trust account. 

    Subd. 6.    Disbursement of trust funds.  The funds held 
 in trust, including principal and accrued interest, may be 
 distributed prior to the death of the beneficiary upon demand by 
 the purchaser as specified in subdivision 6a, to the extent that 
 the trust is designated revocable.  At the death of the 
 beneficiary and with satisfactory proof of death provided to the 
 institution holding the trust funds, the funds, including 
 principal and accrued interest, may be distributed by either the 
 depositor as trustee or the purchaser as trustee, subject to 
 section 149A.80.  The funds shall be distributed in their 
 entirety, with no fees to be retained by the trustees as 
 administrative fees.  The funds shall be distributed for the 
 payment of the actual at-need value of the funeral goods, 
 funeral services, burial site goods, or burial site services 
 selected with any excess funds distributed to the estate of the 
 decedent. 

    Subd. 6a.    Cancellation of agreement for preneed 
 arrangements.  (a) If a purchaser cancels an agreement for an 
 irrevocable trust for preneed arrangements at any time before 
 midnight of the third business day after the date of the 
 agreement, the purchaser shall receive a refund of all 
 consideration paid according to the agreement.  The refund must 
 be distributed to the purchaser within 15 business days 
 following receipt by the funeral provider of the cancellation 
 notice from the purchaser.  

    (b) If the purchaser cancels an agreement for a revocable 
 trust for preneed arrangements at any time after the date of the 
 agreement, all funds held in a revocable trust, including all 
 principal and accrued interest, must be distributed to the 
 purchaser within 15 business days following receipt by the 
 funeral provider of the cancellation notice. 

    (c) Cancellation is evidenced by the purchaser giving 
 written notice of cancellation to the funeral provider at the 
 address provided in the agreement.  Notice of cancellation, if 
 given by mail, is effective upon deposit in a mailbox, properly 
 addressed to the funeral provider and postage prepaid.  Notice 
 of cancellation need not take any specific form and is 
 sufficient if it indicates, by any form of written expression, 
 the intention of the purchaser not to be bound by the agreement. 

    Subd. 7.    Reports to commissioner.  Every funeral 
 provider lawfully doing business in Minnesota that accepts funds 
 under subdivision 2 must make a complete annual report to the 
 commissioner.  The reports may be on forms provided by the 
 commissioner or substantially similar forms containing, at 
 least, identification and the state of each trust account, 
 including all transactions involving principal and accrued 
 interest, and must be filed by March 31 of the calendar year 
 following the reporting year along with a filing fee of $15 for 
 each report.  Fees shall be paid to the treasurer, state of 
 Minnesota, for deposit in the state government special revenue 
 fund in the state treasury.  Reports must be signed by an 
 authorized representative of the funeral provider and notarized 
 under oath.  All reports to the commissioner shall be reviewed 
 for account inaccuracies or possible violations of this 
 section.  If the commissioner has a reasonable belief to suspect 
 that there are account irregularities or possible violations of 
 this section, the commissioner shall report that belief, in a 
 timely manner, to the state auditor.  The commissioner shall 
 also file an annual letter with the state auditor disclosing 
 whether or not any irregularities or possible violations were 
 detected in review of the annual trust fund reports filed by the 
 funeral providers.  This letter shall be filed with the state 
 auditor by May 31 of the calendar year following the reporting 
 year. 

    Subd. 8.    Investigations by state auditor.  Upon 
 notification from the county auditor or the commissioner of 
 health of indications of violations of this chapter, or upon 
 reliable written verification by any person, the state auditor 
 shall make an independent determination of whether a violation 
 of the provisions in this chapter is occurring or is about to 
 occur.  If the state auditor finds such evidence, the state 
 auditor shall conduct any examinations of accounts and records 
 of the entity that the state auditor considers the public 
 interest to demand and shall inform the appropriate agency of 
 any finding of misconduct.  The state auditor may require the 
 entity being examined to send all books, accounts, and vouchers 
 pertaining to the receipt, disbursement, and custody of funds to 
 the office of the state auditor for examination.  The person, 
 firm, partnership, association, or corporation examined under 
 this section by the state auditor shall reimburse the state 
 auditor for expenses incurred in conducting the examination 
 within 30 days after the state auditor submits its expenses.  
 Interest at the rate established in section 549.09 shall accrue 
 on the outstanding balance starting on the 31st day after the 
 state auditor's office submits its request for expenses. 

    Subd. 9.    Required records.  Every funeral provider 
 lawfully doing business in Minnesota that accepts funds under 
 subdivision 2 must create and maintain on its premises or other 
 business location in Minnesota an accurate record of every trust 
 fund established with the funeral provider as trustee.  The 
 record must contain the following information: 

    (1) the names of the purchaser, beneficiary, and depositor; 

    (2) the date, location, identifying account numbers, and 
 amount of the funds originally deposited; 

    (3) any subsequent changes to the location of the account, 
 identifying account number, or trustee designation; 

    (4) the date, amount, and payee of any distributions from 
 the account; and 

    (5) all supporting documentation, including a copy of the 
 original trust agreement, copies of any contracts for the 
 purchase of preneed goods and services, and any other 
 appropriate documentation. 

    Subd. 10.    Retention of records.  Records required 
 under subdivision 9 shall be maintained for a period of three 
 calendar years after the release of the trust funds.  Following 
 this period and subject to any other laws requiring retention of 
 records, the funeral provider may then place the records in 
 storage or reduce them to microfilm, microfiche, laser disc, or 
 any other method that can produce an accurate reproduction of 
 the original record, for retention for a period of ten calendar 
 years from the date of release of the trust funds.  At the end 
 of this period and subject to any other laws requiring retention 
 of records, the funeral provider may destroy the records by 
 shredding, incineration, or any other manner that protects the 
 privacy of the individuals identified. 

    Subd. 11.    Report data.  Data on individuals collected 
 and maintained under subdivision 7 are private data on 
 individuals as defined in section 13.02, subdivision 12.  
 Section 13.10 applies to data on decedents collected under 
 subdivision 7. 

    Subd. 12.    Penalties.  Any violation of this section 
 is grounds for disciplinary action pursuant to sections 149A.04 
 to 149A.10. 

    HIST: 1997 c 215 s 43; 2000 c 438 s 30-37