2005 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 transit permit issued by a licensed mortician.  
 Permits shall contain the information required on the permit 
 form as furnished by the commissioner. 

    Subd. 2.    Transit permit.  A transit permit 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. 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. 

    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 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; and 

    (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. 

    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.  Subject to section 
 149A.09, a dead human body need not be transported under the 
 direct, personal supervision of a licensed mortician or funeral 
 director.  In circumstances where there is no reasonable 
 probability that unlicensed personnel will encounter family 
 members or other persons with whom funeral arrangements are 
 normally made by licensed morticians or funeral directors, a 
 dead human body may be transported without the direct, personal 
 supervision of a licensed mortician.  Any inadvertent contact 
 with family members or other persons as described above shall be 
 restricted to unlicensed personnel identifying the employer to 
 the person encountered, offering to arrange an appointment with 
 the employer for any person who indicates a desire to make 
 funeral arrangements for the deceased, and making any disclosure 
 to the person that is required by state or federal regulations.  
 A licensed mortician or funeral director who directs the 
 transport of a dead human body without providing direct, 
 personal supervision shall be held strictly accountable for 
 compliance with this chapter. 

    Subd. 9.    Embalming required.  Except as provided in 
 section 149A.94, subdivision 2, a dead human body that is being 
 transported by public transportation or will not be buried, 
 cremated, or entombed within 72 hours following death or release 
 by a competent authority with jurisdiction over the body must be 
 properly embalmed. 

    HIST: 1997 c 215 s 39; 1Sp2001 c 9 art 15 s 32; 2005 c 106 s 
 58-62