2007 Minnesota Statutes

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 certificate of removal. The certificate of removal shall contain the information required in
the format as furnished by the commissioner.
    Subd. 2. Certificate of removal. A certificate of removal is required when:
    (1) legal and physical custody of the body is transferred;
    (2) a body is transported by public transportation; or
    (3) a body is removed from the state.
    Subd. 2a. Retention of certificate of removal. A copy of the certificate of removal shall
be retained by the funeral establishment or representative of the legal entity releasing legal and
physical custody of the body. The original certificate of removal shall accompany the remains to
the legal entity to which custody is transferred. The funeral establishment releasing the custody of
the remains shall retain a copy of the certificate of removal for a period of three calendar years
following the date of the transfer of custody. 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 removal 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.
    Subd. 3. Disposition permit. A disposition permit is required before a body can be buried,
entombed, or cremated. No disposition permit shall be issued until a fact of death record has been
completed and filed with the local or state registrar of vital statistics.
    Subd. 4. Possession of permit. Until the body is delivered for final disposition, the
disposition 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 and physical custody of the body shall pass with the filing of the disposition permit with
the person in charge of that place.
    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.
    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;
    (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; and
    (6) is designed so that the driver and the dead human body are in the same cab.
    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. A dead human body may be transported by unlicensed
personnel according to section 149A.90. A licensed mortician or funeral director who directs the
transport of a dead human body by unlicensed personnel shall be held strictly accountable for
compliance with this chapter.
    Subd. 9.[Repealed, 2007 c 114 s 75]
History: 1997 c 215 s 39; 1Sp2001 c 9 art 15 s 32; 2005 c 106 s 58-62; 2007 c 114 s 55-61