2006 Minnesota Statutes

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.
    Subd. 4. Nonlimiting. Nothing in this chapter shall be construed to limit the powers granted
to the commissioner of health, commissioner of commerce, state attorney general, or a county
attorney in any other statute, law, or rule.
History: 1997 c 215 s 5; 2001 c 171 s 5