2005 Minnesota Statutes

     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, remove from the place of death, or 
 transport 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 officer of any public institution; 

    (2) an officer of a medical college, county medical 
 society, anatomical association, or accredited college of 
 mortuary science; 

    (3) a donee of an anatomical gift; 

    (4) 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; 

    (5) authorized personnel from a licensed ambulance service 
 in the performance of their duties; 

    (6) licensed medical personnel in the performance of their 
 duties; or 

    (7) 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 
 customs or rites of any culture or recognized religion in the 
 final disposition of their dead, to the extent that the 
 provisions of this chapter are inconsistent with the customs or 
 rites. 

    (c) Noncompensated persons related by blood, adoption, or 
 marriage to a decedent who chose to remove a body of a decedent 
 from the place of death, transport the body, prepare the body 
 for disposition, except embalming, or arrange for final 
 disposition of the body are not required to be licensed, 
 provided that all actions are in compliance with this chapter. 

    (d) Noncompensated persons acting pursuant to the lawful 
 directive of a decedent who remove a body of the decedent from 
 the place of death, transport the body, prepare the body for 
 disposition, except embalming, or arrange for final disposition 
 of the body are not required to be licensed, provided that all 
 actions are otherwise in compliance with this chapter. 

    (e) Persons serving internships pursuant to section 
 149A.20, subdivision 6, or students 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 are not required to be 
 licensed, provided that the persons or students act under the 
 direct and exclusive supervision of a person holding a current 
 license to practice mortuary science in Minnesota. 

    (f) 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. 

    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. 

    HIST: 1997 c 215 s 5; 2001 c 171 s 5