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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 a disposition permit. The disposition permit must be filed with the person in charge of the place of final disposition. Where a dead human body will be transported out of this state for final disposition, the body must be accompanied by a transit 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; 2005 c 106 s 63