2006 Minnesota Statutes

149A.74 FUNERAL SERVICES PROVIDED WITHOUT PRIOR APPROVAL.
    Subdivision 1. Services provided without prior approval; deceptive acts or practices.
In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act
or practice for any funeral provider to embalm a dead human body unless state or local law or
regulation requires embalming in the particular circumstances regardless of any funeral choice
which might be made, or prior approval for embalming has been obtained from an individual
legally authorized to make such a decision, or the funeral provider is unable to contact the
legally authorized individual after exercising due diligence, has no reason to believe the legally
authorized individual does not want embalming performed, and obtains subsequent approval
for embalming already performed. In seeking approval to embalm, the funeral provider must
disclose that embalming is not required by law except in certain circumstances; that a fee will
be charged if a funeral is selected which requires embalming, such as a funeral with viewing;
and that no fee will be charged if the family selects a service which does not require embalming,
such as direct cremation or immediate burial.
    Subd. 2. Services provided without prior approval; preventive requirement. To prevent
unfair or deceptive acts or practices, funeral providers must include on the itemized statement
of funeral goods or services, as described in section 149A.71, subdivision 2, paragraph (f), the
statement "If you selected a funeral that may require embalming, such as a funeral with viewing,
you may have to pay for embalming. You do not have to pay for embalming you did not approve
if you selected arrangements such as direct cremation or immediate burial. If we charged for
embalming, we will explain why below."
History: 1997 c 215 s 31