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Chapter 149A

Section 149A.02

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149A.02 DEFINITIONS.
    Subdivision 1. Scope. For purposes of this chapter, the terms defined in this section have
the meanings given them.
    Subd. 1a. Alkaline hydrolysis. "Alkaline hydrolysis" means the reduction of a dead human
body to essential elements through exposure to a combination of heat and alkaline hydrolysis
and the repositioning or movement of the body during the process to facilitate reduction, the
processing of the remains after removal from the alkaline hydrolysis chamber, placement of the
processed remains in a remains container, and release of the remains to an appropriate party.
Alkaline hydrolysis is a form of final disposition.
    Subd. 2. Alternative container. "Alternative container" means a nonmetal receptacle or
enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement
of dead human bodies and is made of fiberboard, pressed-wood, composition materials, with or
without an outside covering, or other like materials.
    Subd. 3. Arrangements for disposition. "Arrangements for disposition" means any action
normally taken by a funeral provider in anticipation of or preparation for the entombment, burial
in a cemetery, or cremation of a dead human body.
    Subd. 3a. Burial site goods. "Burial site goods" means any goods sold or offered for sale or
rental directly to the public for use in connection with the final disposition of a dead human body.
    Subd. 3b. Burial site services. "Burial site services" means any services sold or offered for
sale directly to the public for use in connection with the final disposition of a dead human body.
    Subd. 4. Cash advance item. "Cash advance item" means any item of service or merchandise
described to a purchaser as a "cash advance," "accommodation," "cash disbursement," or similar
term. A cash advance item is also any item obtained from a third party and paid for by the funeral
provider on the purchaser's behalf. Cash advance items include, but are not limited to, cemetery or
crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or
singers, obituary notices, gratuities, and death records.
    Subd. 5. Casket. "Casket" means a rigid container which is designed for the encasement
of a dead human body and is usually constructed of wood, metal, fiberglass, plastic, or like
material, and ornamented and lined with fabric.
    Subd. 6. Commissioner. "Commissioner" means the Minnesota commissioner of health.
    Subd. 7. Cremated remains. "Cremated remains" means the postcremation remains of
a dead human body.
    Subd. 8. Cremated remains container. "Cremated remains container" means a receptacle
in which postcremation remains are placed.
    Subd. 9. Cremation. "Cremation" means the reduction of a dead human body to essential
elements through direct exposure to intense heat and flame and the repositioning or movement of
the body during the process to facilitate reduction, the processing of the remains after removal
from the cremation chamber, placement of the processed remains in a cremated remains container,
and release of the cremated remains to an appropriate party.
    Subd. 10. Cremation chamber. "Cremation chamber" means the enclosed space within
which the cremation of a dead human body is performed.
    Subd. 11. Cremation container. "Cremation container" means a combustible, closed
container resistant to the leakage of bodily fluids into which a dead human body is placed prior to
insertion into a cremation chamber for cremation.
    Subd. 12. Crematory. "Crematory" means a building or structure containing one or more
cremation chambers or retorts for the cremation of dead human bodies or any person that
performs cremations.
    Subd. 13. Direct cremation. "Direct cremation" means a disposition of a dead human body
by cremation, without formal viewing, visitation, or ceremony with the body present.
    Subd. 14. Disciplinary action. "Disciplinary action" means any action taken by the
regulatory agency against any person subject to regulation under this chapter for the violation of
or the threatened violation of any law, rule, order, stipulation agreement, settlement, compliance
agreement, license, or permit adopted, issued, or enforced by the regulatory agency.
    Subd. 15. Embalming. "Embalming" means the process of disinfecting and preserving
a dead human body by chemically treating the body to reduce the presence and growth of
organisms, to retard organic decomposition, and to restore an acceptable physical appearance.
    Subd. 16. Final disposition. "Final disposition" means the entombment, burial in a cemetery,
or cremation of a dead human body.
    Subd. 17. Funeral association. "Funeral association" means a cooperative association that
sells or offers to sell funeral goods or services to its members.
    Subd. 18. Funeral ceremony. "Funeral ceremony" means a service or rite commemorating
the deceased with the body present.
    Subd. 19. Funeral director. "Funeral director" means any person who, for compensation,
arranges, directs, or supervises funerals, memorial services, or graveside services, or engages
in the business or practice of preparing dead human bodies for final disposition by means other
than embalming.
    Subd. 20. Funeral establishment. "Funeral establishment" means any place or premise
devoted to or used in the holding, care, or preparation of a dead human body for final disposition
or any place used as the office or place of business of any person that provides funeral goods or
services to the public.
    Subd. 21. Funeral goods. "Funeral goods" means the goods which are sold or offered for
sale directly to the public for use in connection with funeral services.
    Subd. 22. Funeral provider. "Funeral provider" means any person that sells or offers to sell
funeral goods, funeral services, burial site goods, or burial site services to the public. "Funeral
provider" does not include monument builders who sell and install markers and headstones, with
or without foundations, at retail to the public, but do not sell any other funeral good, funeral
service, burial good, or burial site service.
    Subd. 23. Funeral services. "Funeral services" means any services which may be used to: (1)
care for and prepare dead human bodies for burial, cremation, or other final disposition; and (2)
arrange, supervise, or conduct the funeral ceremony or the final disposition of dead human bodies.
    Subd. 24. Graveside service. "Graveside service" means a service or rite, conducted at the
place of interment, commemorating the deceased with the body present.
    Subd. 25. Immediate burial. "Immediate burial" means a disposition of a dead human body
by burial, without formal viewing, visitation, or ceremony with the body present, except for
a graveside service.
    Subd. 26. Intern. "Intern" means an individual that has met the educational and testing
requirements for a license to practice mortuary science in Minnesota, has registered with the
commissioner of health, and is engaged in the practice of mortuary science under the direction
and supervision of a currently licensed Minnesota mortuary science practitioner.
    Subd. 27. Licensee. "Licensee" means any person that has been issued a license to practice
mortuary science, to operate a funeral establishment, or to operate a crematory by the Minnesota
commissioner of health.
    Subd. 28. Memorial service. "Memorial service" means a ceremony or rite commemorating
the deceased without the body present.
    Subd. 29. Mortician. "Mortician" means any person who, for compensation, practices
the art of embalming and arranges, directs, or supervises funerals, memorial services, or
graveside services, or engages in the business or practice of preparing dead human bodies for
final disposition.
    Subd. 30. Mortuary science. "Mortuary science" means the study and practice of preparing
dead human bodies for final disposition and providing funeral services. Mortuary science includes
any conduct or action associated with the removal, preparation, transportation, arrangements for
disposition, or final disposition of dead human bodies, including the actions and duties of a
mortician or a funeral director.
    Subd. 31. Outer burial container. "Outer burial container" means any container which is
designed for placement in the grave around a casket or alternative container including, but not
limited to, containers commonly known as burial vaults, grave boxes, and grave liners.
    Subd. 32. Person. "Person" means an individual or a firm, corporation, limited liability
company, partnership, association, or other legal entity.
    Subd. 33. Practicum student. "Practicum student" means a person 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.
    Subd. 33a. Preneed consumer. "Preneed consumer" means an individual who arranges for
funeral goods, funeral services, burial site goods, or burial site services prior to the death of that
individual or another individual, and who funds those goods or services through prepayment to a
funeral provider or through purchase of an insurance policy.
    Subd. 34. Preparation of the body. "Preparation of the body" means embalming of the
body or such items of care as washing, disinfecting, shaving, positioning of features, restorative
procedures, care of hair, application of cosmetics, dressing, and casketing.
    Subd. 35. Processing. "Processing" means the removal of foreign objects and the reduction
of the cremated remains by mechanical means including, but not limited to, grinding, crushing, or
pulverizing, to a granulated appearance appropriate for final disposition.
    Subd. 36. Professional services. "Professional services" means the basic services of the
funeral director or mortician and staff that are furnished by the funeral provider in arranging final
disposition. The services include, but are not limited to, conducting the arrangement conference;
planning visitations and the funeral, memorial service, or graveside service; arranging for final
disposition by securing, preparing, and filing necessary permits and documents; and placing
obituary notices.
    Subd. 37. Public transportation. "Public transportation" means all manner of transportation
via common carrier available to the general public including airlines, buses, railroads, and
ships. For purposes of this chapter, a livery service providing transportation to private funeral
establishments or crematories is not public transportation.
    Subd. 37a. Regulatory agency. "Regulatory agency" means:
(1) the commissioner of health for provisions related to a funeral provider who is required to
be licensed, registered, or issued a permit under this chapter; and
(2) the commissioner of commerce for provisions related to insurance policies purchased
by a preneed consumer to arrange for funeral goods, funeral services, burial site goods, or
burial services.
    Subd. 38. Transportation costs. "Transportation costs" means all costs associated with the
use of the vehicle used for the initial transfer of the deceased, the funeral coach, funeral sedans,
the flower car, any service or utility vehicles, and public transportation.
    Subd. 39. Universal precautions. "Universal precautions" means the universal blood and
body fluid precautions recommended by the United States Public Health Service, Centers for
Disease Control, to prevent transmission of bloodborne and body fluid borne infectious diseases.
    Subd. 40. Use of facilities. "Use of facilities" means the provision of a chapel or room for
visitation, provision of a chapel or room for the funeral or memorial service, provision of facilities
for parking, or provision of office space for administrative or planning purposes.
History: 1997 c 215 s 6; 2000 c 438 s 1-4; 2001 c 171 s 6,7; 1Sp2001 c 9 art 15 s 32;
2003 c 32 s 1

Official Publication of the State of Minnesota
Revisor of Statutes