2006 Minnesota Statutes

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. Reimbursement prohibited. 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 record 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.
History: 1997 c 215 s 27; 2000 c 438 s 9-11; 1Sp2001 c 9 art 15 s 32