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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 or remove from the place of death 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 anatomical bequest program located within an accredited school of medicine or an
accredited college of mortuary science;
    (2) 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;
    (3) authorized personnel from a licensed ambulance service in the performance of their
duties;
    (4) licensed medical personnel in the performance of their duties; or
    (5) 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 recognized customs or rites of any
culture or recognized religion in the ceremonial washing, dressing, and casketing of their dead, to
the extent that all other provisions of this chapter are complied with.
    (c) Noncompensated persons with the right to control the dead human body may remove
a body from the place of death; transport the body; prepare the body for disposition, except
embalming; or arrange for final disposition of the body, provided that all actions are in compliance
with this chapter.
    (d) Persons serving internships pursuant to section 149A.20, subdivision 6, or students
officially registered for a practicum or clinical through a program of mortuary science accredited
by the American Board of Funeral Service Education are not required to be licensed, provided that
the persons or students are registered with the commissioner and act under the direct and exclusive
supervision of a person holding a current license to practice mortuary science in Minnesota.
    (e) 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.
    (f) An unlicensed person may arrange for and direct or supervise a memorial service after
final disposition of the dead human body has taken place. An unlicensed person may not take
charge of the dead human body, however an unlicensed person may arrange for and direct or
supervise a memorial service before final disposition of the dead human body has taken place.
    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; 2007 c 114 s 1,2